What are the types of zoning relief?

By Right – By right means the project has been designed to the dimensional standards for the zoning district in which it is located and/or the use is allowed in the district.  If your project is by right, you may apply for a building permit.  No zoning relief is associated with a by right project.  Another term for by right is “as of right”.

Special Permit – A Special Permit is a discretionary permit granted by the City Council for projects that are identified as requiring or being allowed by a special permit in the Zoning Ordinance.  This means there is some flexibility with going outside of the parameters of the Zoning Ordinance, but the project needs permission from the City Council.  Special permits are always required for multi-family housing (more than two units) and larger commercial projects. 

Variances – Any projects that are not permissible by right or by special permit require a variance.  This means if it is not stated as allowed by special permit and is not by right, the project needs a variance.  The Zoning Board of Appeals (ZBA) is the granting authority for variances, which are governed by criteria set forth by the State.

How do I know if I need Special Permit?

A good place to start is Inspectional Services or the Current Planning Division.  A land use planner or building inspector should be able to help you determine if what zoning relief, if any, is required based on the nature of your project.  You may also want to consult the City of Newton’s Zoning Ordinance which sets forth dimensional standards and use allowances per zoning district.  A staff member can provide further information about zoning, special permits, and variances as well as any other standards and regulations that may apply to your project.

Are there fees?

Yes, there are fees associated with an application for a special permit.  Most special permits are $1,000 (+$50 per 1,000 square feet additional new Gross Floor Area) in Residential, Business, Mixed-Use, Manufacturing, Limited Manufacturing, and Village Center Overlay District zones. All other districts are $2 

Please see the list below for the other fees:

• Non-conforming buildings, structure uses only: $500
• FAR only: $500
• Accessory Apartments only: $500
• Parking Waivers of 10 or fewer spaces only: $500
• Signs only: $500
• Project changes requiring re-noticing: $500
• Zone change: $1,000

There may be additional fees depending on the scope of the special permit, such as if there are additional housing units or an accessory apartment.  Please refer to the clerk’s office for the most up to date fee information.  

How long will it take?

It varies, depending on the scope of the project and available meeting dates, but review of an average petition takes about 3-4 months; starting when you file your application for Zoning Review through the public hearing process. More complex projects are likely to require six months or more to review.  It is best to come with a well-developed set of plans or program for your project.

How will the City Council decide what to do?

First, the Council look at the specific criteria that are prescribed in the Zoning Ordinances.  They also assess consistency with the goals and objectives of the City's Comprehensive Plan.  They’ll consider by-right alternatives and whether unusual site features limit the ability to build a by-right project on the site; these could include environmental constraints (such as wetlands), significant vegetation, unusual topography or lot shape, historic context, accessibility by various modes of transportation, archaeology, drainage, emergency access, or related public safety issues.  In general, they’ll want to know the proposed project will be a good neighbor, fits in its setting, and enhances quality of life.  They are also interested in hearing from neighbors and any project impacts on abutters.  Approvals must be exercised within a year but may be extended for a second year with Council approval.

What is the Process?

To review the entire special permit process, please click here. 

Who is on the Land Use Committee?

The Land Use Committee consists of eight members of the City Council, one from each ward.  https://www.newtonma.gov/government/city-clerk/city-council

Will I need an Attorney?

You might, depending on the complexity of the project and comfort level with navigating a lengthy public process.  An attorney will make sure to ask for all the appropriate zoning relief and advocate for your project at the hearing. However, legal counsel is not required and may not be necessary for simple requests. 

What is a DRT?

A DRT (Development Review Team) is a pre-application meeting with City Staff and is conducted over Zoom.  Applicants are usually referred by ISD but may reach out to a Land Use Planner to schedule a DRT.  Depending on your project, members from other City departments may attend.  DRTs are most successful when the applicant has a set of plans which gives the staff something to review in accordance with the Zoning Ordinance.

Do you have any tips for me if I decide to pursue a special permit?

• Reach out to your neighbors and share your project plans with them. Abutters within 300 feet will receive a notice in the mail for the public hearing for your project.
• If you are granted a special permit, familiarize yourself with any conditions that are within your special permit.

How can I find information on other special permits?

In May 2022, the City launched a new permitting software, NewGov.  Many city applications are now online and searchable by address by visiting here: https://newtonma.viewpointcloud.com/search.  You may also reach out to the Land Use Committee Clerk, or a member of the Current Planning Team.