Zoning, building permits and septic rules in Amherst Town, Massachusetts

Amherst Town’s own rules

• Local zoningPresent (with conditions)

  Land inside Amherst Town city limits (Town of Amherst zoning bylaw, June 27, 2022 text)

  • Bylaw text as published on amherstma.gov is dated June 27, 2022; later amendments were not checked.
  • The town's own zoning bylaw governs use and dimensional rules inside town limits; county or state rules do not replace it.

  “following classes of zoning districts: 2.01 residential districts the purpose of all residential zones is to promote a suitable environment for residential life”

• Zoning districtsPublished

  Zoning districts of Amherst Town city

  • Bylaw lists residential, business, industrial and overlay district classes; Table 3 and the zoning map were not opened.

  “following classes of zoning districts: 2.01 residential districts the purpose of all residential zones is to promote a suitable environment for residential life”

• Minimum lot sizeDistrict specific (with conditions)

  Basic minimum lot area for dwellings in each residential district inside Amherst Town city (R-LD, R-O, R-N, R-VC, R-G), set by Table 3 (numeric values not extracted)

  • Numeric values per district are in Table 3 (bylaw pages 82-83) and were not reliably extracted from the flattened text; see followups.
  • Cluster and PURD developments use different lot areas (section 4.324, section 4.332).

  “4,000 4,000 2,500ab 1,500ab op li prp fpc 30,000a 80,000 100a 200 150 120 120 100 100 40b 125b 125b 60b 100b 100a basic minimum/maximum front setback (ft.)a”

• SetbacksDistrict specific (with conditions)

  Basic minimum front, side and rear yards per district inside Amherst Town city (Table 3)

  • Table 3 row values are listed by district in the bylaw; the column-to-district mapping was not confirmed in the extracted text.
  • Special permit may modify requirements (Table 3 footnote a).

  “basic minimum/maximum front setback (ft.)a 30 25 20 15 15 20 0/20 20 20 10/20 10 30 20 20 40 basic minimum side and rear yards (ft.) 20 25 15 15 10 10 10a 25a 25a 10a 10a 10 10 10 20”

• Lot coverageDistrict specific (with conditions)

  Maximum lot coverage and building coverage per district inside Amherst Town city (Table 3)

  • Lot coverage includes driveways, parking, walkways, tennis courts and pools (section 6.160).
  • Numeric values per district not mapped from the flattened table.

  “maximum building coverage (%) 10 15 20 25a 25a 45a 70a 35 35 35a 35a 20 25 25 10 maximum lot coverage (%) 15 25 30 40 40 65a 95a 85 70 70 65a 70 65 70 15”

• Building heightDistrict specific (with conditions)

  Maximum building height per district inside Amherst Town city (Table 3)

  • Table 3 footnote a: requirement may be modified under a special permit.
  • Numeric values per district not mapped from the flattened table.

  “minimum/maximum height (ft.)a 35 35 35 35 40 55a 55 35 35 16/40 40 35 50 35 20”

• Living in an RVLimited

  Trailers and mobile homes on any lot inside Amherst Town city

  • Limit is 60 days in any twelve-month period; longer use only in the exceptions the bylaw lists (fire or natural-disaster replacement housing, and special permit under section 5.0162).
  • Mobile homes placed after a fire or disaster are subject to the state sanitary code.

  maximum occupancy period on any lot: <= 60 days (per twelve-month period; exceptions in section 5.016 and 5.0162)

  “5.016 trailer - a trailer or mobile home may be used on any lot for not more than 60 days in any twelve month period and shall be removed at the end of said 60 days”

• Manufactured homesLimited

  Trailer or mobile home used as a dwelling inside Amherst Town city beyond 60 days

  • Requires a special permit from the board of appeals, with a time limit imposed as part of the permit.
  • The bylaw's cross-references to sections 5.170 and 5.171 do not match the numbering in the June 27, 2022 text; the cross-reference was not resolved.

  occupancy period: > 60 days (only under special permit from the board of appeals with a time limit)

  “the board of appeals may allow the use of a trailer or mobile home as a dwelling or commercial place of business for longer than 60 days, under special permit, provided that a time limit is imposed as part of such permit.”

• Accessory dwellingsAllowed (with conditions)

  Contained, attached, or detached (under 50% of primary dwelling habitable space) accessory dwelling units in the R-G, R-VC, R-N, R-O and R-LD districts inside Amherst Town city

  • Reviewed by the building commissioner for compliance with the bylaw.
  • Either the principal dwelling or the accessory unit must be occupied by the owner as principal residence, enforced by a deed restriction recorded at the registry of deeds.
  • No accessory lodging may be run from the same dwelling or ADU.
  • Any rented unit must be registered under the residential rental property bylaw.
  • Detached ADUs with habitable space of 50% or more of the primary dwelling need a special permit (see separate claim).

  maximum habitable space of accessory dwelling unit: <= 1000 sq ft · maximum unrelated residents in accessory dwelling unit: <= 3 persons (unrelated residents only; section 12 definitions)

  “b. a detached accessory dwelling unit with habitable space less than 50% of the habitable space of the primary one-family dwelling, shall be permitted in the r-g, r-vc, r-n, r-o, and r-ld districts, following review of the proposed accessory use by the building commissioner”

  One more reviewed finding on this topic

  • Allowed (with conditions) — Detached accessory dwelling unit built new with habitable space above 50% of the primary one-family dwelling, inside Amherst Town city (R-G, R-VC, R-N, R-O, R-LD)

    “a. a detached accessory dwelling unit resulting from new construction with habitable space greater than 50% of the habitable space of the primary one-family dwelling, is allowed by a special permit from the zoning board of appeals in the r-g, r-vc, r-n, r-o, and r-ld districts.”

• Who permits septicLocal (with conditions)

  Individual or shared septic systems in cluster developments in the FC, ARP and WP districts inside Amherst Town city

  • Applies only to cluster developments in the districts named in section 4.327; it is not a general septic permit rule.
  • Authority is exercised in accordance with state and local health regulations.

  “the board of health may, in accordance with state and local health regulations, authorize individual and/or shared septic systems in cluster developments where public sanitary sewer service is not reasonably available.”

• Subdividing landRegulated (with conditions)

  Residential subdivisions inside Amherst Town city

  • The cluster-layout sentence applies to parcels in the ARP district and R-LD district.
  • Lots within a definitive subdivision plan are approved by the planning board under the subdivision control law (M.G.L. c. 41).

  “residential subdivisions requiring approval under m.g.l. ch. 41, the subdivision control law, shall be laid out as cluster developments in accordance with section 4.3 of the zoning bylaw.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Amherst Town or Hampshire County directly.

• Building permit — Building permit for new single-family construction inside Amherst Town city
• Owner-builder exemption — Owner-builder exemption for homes inside Amherst Town city
• Building code adopted — Building code in force for new homes inside Amherst Town city
• Inspections — Building inspections for new homes inside Amherst Town city
• Certificate of occupancy — Certificate of occupancy for new homes inside Amherst Town city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.