Municipal zoning ordinances and bylaws established under the Massachusetts Zoning Act, MGL Ch. 40A govern land space requirements for the development or redevelopment of commercial, industrial, institutional, municipal, and residential land uses. The size and shape of a property and its location within a zoning district would dictate the maximum potential building and use that could be developed on the property. Off street parking and loading requirements, along with availability of municipal water and sanitary sewer systems, or lack thereof, could either benefit or limit the use that would be developed on a property. Existence of wetlands resources on or adjacent to a property could further limit the use that could potentially be developed on the property! For certain properties that were established prior to the adoption of zoning in a municipality, or those instances where a pre-existing structure or use is non-conforming, Section 6 of MGL Ch. 40A provides protection and exemptions for the pre-existing non-conforming structures and uses. It is therefore paramount that one understands the regulatory criteria that could either benefit or limit the use of a property before investing. A corollary follows also: if one understands the peculiarities of a pre-existing land, structure or use, the provisions of Section 6 may be applied to significantly engender a more profitable or beneficial use improvement or expansion! The more we understand the laws and their applicable regulations, the better equipped we are to make wise investment decisions!
By
Azu Etoniru, P.E., P.L.S.