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Accessory Dwelling Unit (ADU): A secondary dwelling unit created within or as an extension of an existing dwelling that contains separate bath and kitchen facilities. 

 

Adaptive Reuse: The conversion of nonresidential properties such as mills, schools, hospitals, military bases, motels, warehouses, office buildings, etc. into residential or mixed uses.

 

Area Median Income (AMI): The estimated median income, adjusted for family size, by metropolitan area (or county, in non‐metropolitan areas). AMI is updated annually by the US Department of Housing and Urban Development (HUD) and used as the basis of eligibility for most housing assistance programs. See www.huduser.gov/portal/datasets/il.html

 

Brownfield: Sites that are underutilized or not in active use, on land that is either contaminated or perceived as contaminated, often as a result of previous industrial uses.

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Chapter 30B of the Massachusetts General Laws, the Uniform Procurement Act, establishes uniform procedures for local governments to use when buying or disposing of supplies, services, or real property.

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Chapter 40B: The state’s Comprehensive Permit law, enacted in 1969, established a statutory minimum where 10% of the community’s housing stock must be subsidized affordable housing. In communities below the 10% minimum, developers of low- and moderate-income housing can seek an expedited local review under the comprehensive permit process and can request a limited waiver of local zoning and other restrictions which hamper construction of affordable housing. Developers can appeal to the state if their application is denied or approved with conditions that render it uneconomic and the state can overturn the local decision if it finds it unreasonable in light of the need for affordable housing. (Chapter 774 of the Acts of 1969; M.G.L.c.40B§20‐23). See www.mass.gov/chapter-40-b-planning-and-information 

 

Chapter 40R: The Smart Growth Zoning Overlay District Act, Chapter 149 of the Acts of 2004, codified as M.G.L. Chapter 40R, encourages communities to create dense residential or mixed-use smart growth zoning districts, including a high percentage of affordable housing units, to be located near transit stations, in areas of concentrated development such as existing city and town centers, and in other highly suitable locations. See www.mass.gov/service-details/chapter-40r 

 

Community Development Block Grant (CDBG): The Community Development Block Grant (CDBG) program is a federal program that provides communities with resources to address a wide range of unique community development needs. The Department of Housing and Urban Development (HUD) provides funding either directly to larger municipalities designated as entitlement communities or through the Massachusetts Department of Housing and Community Development’s CDBG program. See www.mass.gov/service-details/community-development-block-grant-cdbg

 

Community Preservation Act (CPA) / Chapter 44B: The Community Preservation Act Enabling Legislation (Chapter 267 of the Acts of 2000). Allows communities, at local option, to establish a Community Preservation Fund to preserve open space, historic resources, and community housing, by imposing a surcharge of up to 3% on local property taxes. The state provides matching funds from its own Community Preservation Trust Fund, generated from an increase in certain Registry of Deed’s fees. The Community Preservation Coalition (CPC) works with communities and advocates and supports the passage of CPA. See www.communitypreservation.org

 

Conservation Easement: Conservation easements are voluntary, legally binding agreements for landowners that limit parcels of land or pieces of property to certain uses. Land under conservation easements remains privately owned, and most easements are permanent.

 

Cost Burden: Households who pay more than 30 percent of their income towards housing costs. 

 

Deed Restriction: A legally binding restriction on the use, activity, and/or limitation of property rights, recorded at the registry of deeds.

 

Density bonus: Allows developers to build in specified areas densities that are higher than normally allowed.

 

Density: The average number of people, families, or housing units on one unit of land. Density is also expressed as dwelling units per acre.

 

Executive Office of Housing & Livable Communities (EOHLC), formerly known as Massachusetts Department of Housing & Community Development (DHCD), is the state’s lead agency for housing and community development programs and policy. It oversees the state‐funded public housing, administers rental assistance programs, including tax credits, provides funds for municipal assistance, and funds a variety of programs to stimulate the development of affordable housing. See https://www.mass.gov/orgs/housing-and-community-development

 

Department of Housing and Urban Development (HUD): The U.S. Department of Housing and Urban Development’s mission is to create strong, sustainable communities and quality affordable homes. HUD administers hundreds of programs targeting communities from urban to rural. See www.hud.gov

 

Disability: The American Community Survey defines disability as including difficulties with hearing, vision, cognition, ambulation, self-care, and independent living.

 

Downzone: A change in zoning classification to less intensive use and/or development. See also: Upzone.

 

Eminent Domain: The legal right of government to take private property for public use, provided the owner is offered just compensation for the taking of property.

 

Entitlement Community: A city or urban county of at least 50,000 in population making it eligible for Community Development Block Grant (CDBG) funds directly from HUD.

 

Environmental Justice: Is based on the principle that all people have a right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment. Environmental justice is the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies and the equitable distribution of environmental benefits.

 

Exclusionary Zoning: The practice of using zoning ordinances to exclude certain types of land uses from a given community. When this practice excludes apartments and other forms of multi-family housing, this can create a disparate impact on protected classes of people.

 

Expiring Use Restrictions: Refers to affordable housing where the restrictions on rents and/or incomes of occupants could or will expire in the near future if owners prepay their publicly assisted mortgages and convert the units to market rate housing. The units were built with federal and/or state subsidies (such as low-cost mortgages, interest subsidies, rent subsidies and loan guarantees). While mortgages and other assistance often had terms as long as 30‐40 years, many gave owners the option to prepay the mortgage after 20 years and thus remove use restrictions on the property.

 

Extremely Low Income (ELI): A family whose annual income is at or below 30% of Area Median Income.

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Fair Housing Act/MA Fair Housing Act: Federal legislation, first enacted in 1968 and expanded by amendments in 1974 and 1988, that provides the Secretary of HUD with investigation and enforcement responsibilities for fair housing practices. The law prohibits discrimination in housing and lending based on race, color, religion, sex, national origin, handicap, of familial status. There is also a Massachusetts Fair Housing Act, which extends the prohibition against discrimination to sexual orientation, marital status, ancestry, veteran status, children, and age. The state law also prohibits discrimination against families receiving public assistance or rental subsidies, or because of any requirement of these programs.

 

Fair Market Rents (FMRs): FMRs are established by HUD, and used to determine rental voucher amounts for government assistance housing programs such as Section 8 (Housing Choice Voucher Program). See www.huduser.gov/portal/datasets/fmr.html

 

Family: A family is a group of two people or more (one of whom is the householder) related by birth, marriage, or adoption and residing together; all such people (including related subfamily members) are considered as members of one family.

 

Floor Area Ratio (FAR): A measure of development intensity. FAR is the ratio of the amount of floor area of a building to the amount of area of its site. For instance, a one-story building that covers an entire lot has an FAR of 1. Similarly, a one-story building that covers 1/2 of a lot has an FAR of 0.5.

 

Frontage: The continuous linear distance along any approved way, measured on the street line, between the side lot lines.

 

Greenfield: Land that has been untouched by previous development. Greenfields can include open space and agricultural land.

 

Greyfield: Underutilized or vacant land that does not have known environmental contaminants but is economically nonviable in its current state. Typical examples of greyfield sites include former retail and commercial sites.

 

HOME Investment Partnership Program (HOME): A federal program run by HUD which provides annual grants on an entitlement basis to states, large cities and consortia of smaller communities for affordable housing activities, including homeownership, rent subsidies, housing development and rehabilitation. Like CDBG funds, some communities are part of a consortium and receive HOME funds directly from HUD and distribute in their communities. EOHLC administers HOME funds at the state level.

 

Household: A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. As of 2021, Salem’s estimated number of households is 19,745.

 

Housing Appeals Committee (HAC): A quasi‐judicial body within EOHLC, which hears appeals by developers, local zoning boards on comprehensive permit (Chapter 40B) decisions by local Zoning Boards of Appeal.

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Housing Choice Legislation: Chapter 358 of the Acts of 2020 made several amendments to Chapter 40A of the General Laws, commonly known as the Zoning Act. Among these amendments are (1) changes to section 5 of the Zoning Act, which reduce the number of votes required to enact certain kinds of zoning ordinances and bylaws from a ⅔ supermajority to a simple majority; and (2) changes to section 9 of the Zoning Act, making similar changes to the voting thresholds for the issuance of certain kinds of special permits. See www.mass.gov/info-details/housing-choice-legislation

Housing Production Plan An affordable housing plan adopted by a municipality and approved by EOHLC, defining certain annual increases in its number of SHI-eligible housing units as described in Chapter 40B Guidelines.

 

Housing Unit: A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters. Salem’s total number of housing units as of the 2020 Census is 20,349.

 

HUD: The U.S. Department of Housing and Urban Development. See www.hud.gov

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Incentive Zoning: Provides for give and take compromise on zoning restrictions, allowing for more flexibility to provide community benefits. Incentive zoning allows a developer to exceed a zoning ordinance's limitations if the developer agrees to fulfill conditions specified in the ordinance. For example, a developer may be allowed to exceed height limits by a specified amount in exchange for providing affordable housing, open space, etc.

 

Inclusionary Zoning: A local zoning ordinance that either requires or encourages a developer to include affordable housing as part of a development or contribute to a fund for such housing. An IZ ordinance or bylaw may provide incentives such as increased density, reduced parking requirements, or expedited permitting in exchange for the affordable housing.

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Infill Development: The practice of building on vacant or undeveloped parcels in dense areas, especially urban and inner suburban neighborhoods. Promotes compact development.

 

Land Use: The way a parcel of land is used or occupied.

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Local Action Units (LAUs): Local Action Units (LAUs) are affordable housing units created as a result of an intentional action taken by a community, such as the adoption of Inclusionary Zoning or the use of municipal funds or property, without a comprehensive permit, and which meet the requirements for inclusion on the Subsidized Housing Inventory (SHI).

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Local and Regional Housing Authorities (LHAs): A housing authority set up by a city or town, or group of towns, in accordance with state law, M.G.L. Ch. 149 to provide low‐income family or elderly housing.

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Local Initiative Program (LIP): A state program under which communities may use local resources and EOHLC technical assistance to develop affordable housing that is eligible for inclusion on the State Housing Inventory (SHI). LIP is not a financing program, but the EOHLC technical assistance qualifies as a subsidy and enables locally supported developments, that do not require other financial subsidies, to qualify for inclusion on the Subsidized Housing Inventory. The LIP Program administers both LIP 40B developments (sometimes referred to as “Friendly 40Bs) and Local Action Units (LAUs).

 

Low Impact Development (LID): An approach to environmentally friendly land use planning. It includes a suite of landscaping and design techniques that attempt to maintain the natural, pre-developed ability of a site to manage rainfall. LID techniques capture water on site, filter it through vegetation, and let it soak into the ground where it can recharge the local water table rather than being lost as surface runoff. An important LID principle includes the idea that stormwater is not merely a waste product to be disposed of, but rather that rainwater is a resource.

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Low Income Housing Tax Credit (LIHTC): The LIHTC program, which is based on Section 42 of the Internal Revenue Code, was enacted by Congress in 1986 to provide the private market with an incentive to invest in affordable rental housing. Federal housing tax credits are awarded to developers of qualified projects. Developers then sell these credits to investors to raise equity for their projects, which reduces the debt that the developer would otherwise have to borrow. Because the debt is lower, a tax credit property can in turn offer lower, more affordable rents. The state’s Department of Housing and Community Development oversees the competitive allocation of tax credits.

 

Median Age: The age which divides the population into two numerically equal groups; that is, half the people are younger than this age and half are older.

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Median Household Income: Median income is the amount which divides the income distribution into two equal groups, half having incomes above the median, half having incomes below the median. The medians for households, families, and unrelated individuals are based on all households, families, and unrelated individuals, respectively. The medians for people are based on people 15 years old and over with income. Salem’s estimated MHI in 2021 is $72,884.

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Mixed Use Development: Development that is created in response to patterns of separate uses that are typical in suburban areas necessitating reliance on cars. Mixed use developments include residential, commercial, and business accommodations in one area.

 

Municipal Affordable Housing Trust (MAHT): A locally created municipal board, enabled by M.G.L. Chapter 44, Section 55c, to provide for the creation and preservation of affordable housing for the benefit of low- and moderate-income households. Salem’s Affordable Housing Trust Fund was established in 2007.

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NIMBY ("Not In My Backyard"): NIMBY is an acronym for the "Not in my backyard" sentiment that exists among some people who do not want any type of change in their neighborhood.

 

Nonconforming use: A use that was allowed prior to the adoption of a zoning bylaw or amendment, but which is no longer permitted. Non-conforming uses are usually allowed to continue. Their ability to expand or convert to other uses is defined and limited by zoning.

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Overlay Districts: Zoning districts in which additional regulatory standards are superimposed on existing zoning. Overlay districts provide a method of placing special restrictions in addition to those required by basic zoning ordinances.

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Property Assessed Clean Energy (PACE) Program: A program to help commercial and industrial property owners in Massachusetts finance energy improvements through a local betterment assessment and lien on real property, sufficient to repay the financing extended by a private capital provider. If the property is sold before the financing has been repaid, the assessment stays and is transferred to subsequent property owners. PACE enables owners to use energy savings to undertake more comprehensive energy upgrades with financing terms of up to 20 years. Salem adopted PACE in 2021.

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Planned Unit Development (PUD): PUDs are areas that are planned and developed as one entity, by a single group. Planned unit developments usually include a variety of uses, including different housing types of varying densities, open space, and commercial uses. Project planning and density is calculated for the entire development rather than individual lots.

 

Planning Board: The board charged with reviewing and approving subdivision of land, site plans, and most special permits. The Planning Board also reviews and makes recommendations on proposed zoning amendments.

 

Protected Classes: Demographic groups that it is unlawful to discriminate against. In Massachusetts Fair Housing law, the protected classes are race, color, national origin, religion, sex, familial status (i.e., children), disability, source of income (i.e., section 8 voucher), sexual orientation, gender identify, age, marital status, veteran or active military status, and genetic information.

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Section 8 (a.k.a. Housing Choice Voucher Program): Section 8 of the Housing Act of 1937 (42 U.S.C. § 1437f) is the federal government’s major program for assisting very low-income families, elders, and people with disabilities to afford housing in the private market. The voucher provides rental assistance to households with low income, elders, and persons with disabilities. The voucher holder is free to choose any housing that meets the requirements of the program and is not limited to units located in subsidized housing projects. HCVs are administered locally by Public Housing Authorities (PHAs).

 

Site Plan Review: Case-by-case review, usually by the Planning Board, of proposed uses to assure that they fit appropriately onto their site, according to specific criteria such as traffic, road access, drainage, parking, landscaping, screening, building layout, architecture, etc.

 

Smart Growth: Well-planned development that protects open space and farmland, revitalizes communities, keeps housing affordable and provides more transportation choices.

 

Special Permit: A use that would not be appropriate generally, or without restriction through the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as special permits, where specific provision for such special permits is made in a Town zoning bylaw or City zoning ordinance.

 

Subdivision Rules and Regulations: Procedures, requirements, and provisions governing the subdivision of land that is specified in formal Rules and Regulations promulgated by a city or town under the authority vested in the Planning Board by section 81-Q of Chapter 41 of the General Laws of Massachusetts.

 

Subdivision: A subdivision occurs as the result of dividing land into lots for sale or development.

 

Subsidized Housing Inventory (SHI): The list compiled by EOHLC containing the count of low- or moderate-income housing units by city or town, calculated using the most recent Census. See current list at www.mass.gov/service-details/subsidized-housing-inventory-shi

 

Tax Increment Financing (TIF): In order to make a project financially feasible, a business can negotiate with its host community tax exemptions on the property's incremental value. The community will always collect the full tax on the property's pre-agreement assessed value (base value). TIFs have a 5-year minimum term with a maximum of 20 years. 

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Transit-Oriented Development (TOD): The development of housing, commercial space, services, and job opportunities near public transportation. Reduces dependency on cars and time spent in traffic, which protects the environment and can ease traffic congestion, as well as increasing opportunity by linking residents to jobs and services.

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Upzone: To change the zoning of a tract or parcel of land from a lesser to greater intensity of usage. An example would be a change in zoning from single family to multi-family or mixed use. See also: Downzone.

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Variance: The relaxation of requirements of a zoning district for a specific parcel or tract of land. Variances are often issued by local Zoning Boards of Appeals (ZBA) to avoid unnecessary hardships to a landowner.

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Wetlands: Area having specific hydric soil and water table characteristics supporting or capable of supporting wetlands vegetation.

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Zoning Board of Appeals: The board responsible for hearing appeals, variances, and specified special permits, and for making findings regarding expansion of nonconforming uses or structures.

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Zoning: Classification of land in a community into different areas and districts. Zoning is a legislative process that regulates building dimensions, density, design, placement and use within each district. Salem’s Zoning Ordinance are available online at https://library.municode.com/ma/salem/codes/zoning_ordinance