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ISection 3.
<br /> Exemptions from Zoning Regulations
<br /> No zoning ordinance or bylaw shall regulate or restrict the use of materials, or methods of construction of
<br /> structures regulated by the state building code, nor shall any such ordinance or bylaw prohibit,
<br /> unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture,
<br /> horticulture, floriculture,or viticulture; nor prohibit, or unreasonably regulate, or require a special permit for
<br /> the use, expansion or reconstruction of existing structures thereon for the primary purpose of agriculture,
<br /> horticulture,floriculture, or viticulture; including those facilities for the sale of produce, and wine and dairy
<br /> products, provided that during the months of June, July, August, and September of every year, or during
<br /> the harvest season of the primary crop raised on land of the owner or lessee the majority of such products
<br /> for sale, based on either gross sales dollars or volume, have been produced by the owner of the land on
<br /> which the facility is located, except that all such activities may be limited to parcels of more than five acres in
<br /> areas not zoned for agriculture, horticulture, floriculture,or viticulture. For such purposes land divided by a
<br /> public or private way or a waterway shall be construed as one parcel. No zoning ordinance or bylaw shall
<br /> exempt land or structures from flood plain or wetlands regulations established pursuant to general law.
<br /> No zoning ordinance or bylaw shall regulate or restrict the interior area of a single family residential building
<br /> nor shall any such ordinance or bylaw prohibit, regulate or restrict the use of land or structures for religious
<br /> purposes or for educational purposes on land owned or leased by the Commonwealth or any of its
<br /> agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational
<br /> corporation; provided, however,that such land or structures may be subject to reasonable regulations
<br /> concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space,
<br /> parking and building coverage requirements. Lands or structures used, or to be used by a public service
<br /> corporation may be exempted in particular respects from the operation of a zoning ordinance of bylaw it,
<br /> upon petition of the corporation, the department of public utilities shall, after notice given pursuant to
<br /> section eleven and public hearing in the town or city, determine the exemptions required and find that the
<br /> present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of
<br /> the public; provided however, that if lands or structures used or to be used by a public service corporation
<br /> are located in more than one municipality such lands or structures may be exempted in particular respects
<br /> from the operation of any zoning ordinance or bylaw 0, upon petition of the corporation, the department of
<br /> public utilities shall after notice to all affected communities and public hearing in one of said municipalities,
<br /> determine the exemptions required and find that the present or proposed use of the land or structure is
<br /> reasonably necessary for the convenience or welfare of the public.
<br /> No zoning ordinance or bylaw in any city or town shall prohibit,or require a special permit for,the use of land
<br /> or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of
<br /> operating a child care facility; provided, however, that such land or structures may be subject to reasonable
<br /> regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks,
<br /> open space, parking and building coverage requirements. As used in this paragraph, the term "child care
<br /> facility'shall mean a day care center or a school age child care program, as those terms are defined in
<br /> section nine of chapter twenty-eight A.
<br /> Notwithstanding any general or special law to the contrary, local land use and health and safety laws,
<br /> regulations,practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a
<br /> disabled person. Imposition of health and safety laws or land-use requirements on congregate living
<br /> arrangements among non-related persons with disabilities that are not imposed on families and groups of
<br /> similar size or other unrelated persons shall constitute discrimination. The provisions of this paragraph shall
<br /> apply to every city or town, including, but not limited to the city of Boston and the city of Cambridge.
<br /> Family day care home, as defined in section nine of chapter twenty-eight A, shall be an allowable use
<br /> unless a city or town prohibits or specifically regulates such use in its zoning ordinances or bylaws.
<br /> 0 Massachusetts Federation of Planning and Appeals Boards,Inc., 1960
<br /> (Revised 1969,1973,1977,1988,1991,1994)
<br /> 3.3.1
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