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Haverhill, MA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Rental bonus
One extra unit per affordable rental unit
Ownership bonus
Two extra units per affordable ownership unit
Bonus cap
25% of otherwise-permitted unit count
Threshold
Applies to developments of 10+ units
Not combinable
Unavailable if fee paid in lieu of units

Summary

In the City of Haverhill, a developer of 10 or more units who provides affordable housing on-site under the city's inclusionary zoning rules can add one extra market-rate unit for every affordable rental unit and two for every affordable ownership unit. Section 8.3.5 of the Zoning Ordinance caps the bonus at 25% of the lot's normal unit count.

§ 8.3.5. Density Bonus. To facilitate the objectives of this section, the following modification to the dimensional requirements in any zoning district may be authorized by special permit by the special permit granting authority for a development of 10 or more units that provides affordable units on-site in accordance with §§ 8.3.2 and 8.3.4 above. 1. For every affordable rental unit provided in accordance with § 8.3.2, above, the developer may build one additional unit in the development, regardless of the minimum lot area required for the additional unit or units. For every affordable ownership unit provided in accordance with § 8.3.2, above, the developer may build two additional units in the development, regardless of the minimum lot area required for the additional unit or units. ... ... 2. The total number of additional units (bonus units) must not exceed 25% of the number of units otherwise permissible on the lot under lot area per dwelling unit requirements. 3. No density bonus shall be granted when the requirements of this section are met with cash payment pursuant to § 8.3.4, Subsection 2.

Full Breakdown

Section 8.3.5 of the Haverhill Zoning Ordinance implements a density bonus tied to the city's inclusionary zoning chapter, Section 8.3, which requires affordable units in developments of 10 or more units under Section 8.3.2. A developer who provides an affordable rental unit on-site may build one additional market-rate unit in the project regardless of the minimum lot area that unit would otherwise need; providing an affordable ownership unit earns two additional units on the same basis. To count toward the two-unit bonus, an ownership unit must be established as a condominium and its deed must permanently restrict occupancy to the unit's owner. Every other dimensional and density regulation in the underlying zoning district still applies to the project, so the bonus only relaxes the minimum-lot-area-per-unit calculation, not setbacks, height or coverage.

Section 8.3.5 caps the total number of bonus units at 25% of the number of units otherwise allowed on the lot under its normal lot-area-per-dwelling-unit requirement, so a large project cannot use the affordable-unit bonus to double its density. The bonus is also unavailable to a developer who satisfies the inclusionary requirement entirely through the cash payment-in-lieu option under Section 8.3.4, which currently runs $35,000 per rental unit and $50,000 per ownership unit not built; only a developer who actually constructs the affordable units on-site can claim the density bonus. The City Council serves as the special permit granting authority for these inclusionary developments under Section 8.3.3.

Violations & Fines

Claiming bonus units without the underlying affordable units actually being built and deed-restricted on-site violates Section 8.3.5 and Section 8.3.9's deed-restriction requirement; the Building Commissioner will not issue a certificate of occupancy for an affordable unit without evidence that the restriction has been recorded. Exceeding the 25% bonus cap or combining the bonus with a payment-in-lieu election falls outside the special permit and can void the density relief granted.

Frequently Asked Questions

How much extra density can a Haverhill developer get for building affordable units?
Section 8.3.5 grants one additional market-rate unit for every affordable rental unit built on-site and two additional units for every affordable ownership unit, without regard to the minimum lot area those extra units would normally need. The total bonus cannot exceed 25% of the units otherwise allowed on the lot.
Can I pay a fee instead of building affordable units and still get the density bonus?
No. Section 8.3.5 specifically denies the density bonus when a developer satisfies the inclusionary requirement through the cash payment-in-lieu option in Section 8.3.4 rather than constructing the affordable units on the site.
What has to happen for an ownership unit to count toward the two-unit bonus?
Section 8.3.5 requires the affordable ownership unit to be established as a condominium unit, with a deed restriction requiring the owner to occupy that unit at all times; a unit that does not meet both conditions does not qualify for the two-unit bonus.

Sources & Official References

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