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Taunton council approves zoning changes to implement state ADU rules, adds limits to mixed‑use conversions

2963236 · March 11, 2025
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Summary

The Municipal Council approved revisions to the City of Taunton zoning ordinance to comply with Massachusetts ADU rules and to require preserved commercial space in new mixed‑use projects; councilors asked planning and economic development to pursue incentives to promote housing above active first‑floor businesses.

The Taunton Municipal Council on March 11 approved changes to the City of Taunton zoning ordinance to implement the state’s latest rules on accessory dwelling units (ADUs) and to add requirements intended to preserve first‑floor commercial space in mixed‑use developments.

The council voted unanimously to remove an optional draft provision (labeled “option b” in committee) and to adopt the remaining proposed revisions, which Planning Director Kevin Scanlon said were mainly required to align the city’s ADU rules with recent state regulations.

Scanlon told the council the new state rules allow one ADU “on any property that has a principal dwelling,” meaning ADUs may now be created on lots with two‑family, three‑family or larger principal residences as well as single‑family homes. He said the ordinance text was changed from “single family” to “principal dwelling” and updated to reference the state’s requirement that the least restrictive applicable setback be applied.

Under the adopted revisions the city also tightened how accessory structures are treated: Scanlon proposed increasing reduced setbacks from one‑half to two‑thirds and removing front‑yard setback reductions for larger accessory units so that large ADU structures, such as a 30‑by‑30 detached unit, would not be placed close to the street.

Separately, Scanlon said the council should protect commercial capacity in highway business districts amid rising demand for housing. The council adopted a compromise approach for multifamily and mixed‑use developments that still allows residential uses but requires that ground‑floor space remain commercial (residential allowed above) or, if some residential is placed on the first floor or commercial space is placed to the rear, at least 40% of a development’s total floor area must be commercial.

Council President Martin, who moved the ordinance, and other councilors described the changes as a compromise intended to balance housing needs and the city’s limited commercial acreage along Winthrop Street and other Highway Business corridors. Councilor Coit and several others urged planning and economic development staff to develop incentives for projects that combine commercial frontage with housing above, such as flexible parking counts and density bonuses.

The planning board and city departments provided input before the hearing. The planning board voted unanimously on March 6 to forward a positive recommendation and asked the council to eliminate the draft option that was withdrawn. The city engineering office and the conservation agent reported no objections.

The council opened public input during the hearing; no members of the public spoke. After discussion the council voted to adopt the ordinance changes as presented, with the withdrawal of the optional provision.

Scanlon said the ADU changes are largely required by state law and therefore not discretionary, while the accessory‑structure setback changes reflect local policy choices.

The ordinance will be entered into the city records as the amended City of Taunton zoning ordinance (proposed changes dated 01/28/2025).