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

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

Key Facts

Density bonus cap
Up to 100% above base
Qualifying condition
Brownfield site or 50+ yr reuse
Minimum project size
4+ dwelling units
Approving body
Municipal Council (SPGA)
Base density source
§ 440-603 Intensity of Use Table

Summary

Taunton lets developers request up to a 100% density boost above the zoning code's normal cap for multifamily and mixed-use projects of four or more units, but only on a brownfield site or through renovation and reuse of a building at least 50 years old. The Municipal Council decides case by case.

Applicability and procedure. The following criteria shall apply to all requests for multifamily and mixed-use residential developments (four plus units on one lot). A special permit for multifamily development shall be subject to the procedures set forth in §§ 440-304, 440-305 and 440-306 inclusive. ... Development density. The maximum permissible density criteria for multifamily residential structures shall conform to the standards set forth in § 440-603. In addition to the maximum permissible density criteria in § 440-603, a density bonus of up to 100% above and beyond the maximum density specified in § 440-603 for developments on a brownfield site and/or the renovation and reuse of a building more than 50 years old may be requested by the petitioner as part of the special permit request for the proposed development.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4508986; v12 updated 2025-09-22; through 09-22-2025).

Full Breakdown

Article X of the Zoning Ordinance, § 440-1001, governs multifamily and mixed-use developments containing four or more dwelling units on one lot. Subsection A makes clear that any such project needs a special permit, processed under §§ 440-304 through 440-306, and Subsection E sets the density bonus: the ordinance pegs the base density ceiling to the standards in § 440-603, the Intensity of Use Table, then allows a bonus of up to 100% above that ceiling for developments on a brownfield site and/or the renovation and reuse of a building more than 50 years old, if the petitioner asks for it as part of the special permit application.

The Municipal Council, the article's special permit granting authority, does not have to grant the bonus. Subsection B requires the Council to weigh the development's effect on the neighborhood, including environmental and socioeconomic impacts, municipal facilities, utilities, drainage, traffic and landscaping, and it can deny the permit outright if it decides the project is not in the City's best interest. Because the bonus rides on the same special permit that already covers open space, parking and building-separation standards for multifamily projects, an applicant seeking it must satisfy every other Article X requirement, not just the brownfield or building-age test, before the extra density becomes available.

Violations & Fines

Constructing beyond the density allowed under § 440-603 without an approved special permit is a zoning violation. Absent a section-specific penalty in Article X, it falls under Code § 1-5's general fine of $300 per violation, or the noncriminal disposition schedule in § 1-6 of $50 for a first offense, $100 for a second and $300 for each offense after that, with every day of noncompliance counted separately.

Frequently Asked Questions

How much extra density can a Taunton developer get?
Up to 100% above the base density cap set in the § 440-603 Intensity of Use Table, but only for multifamily or mixed-use projects of four or more units on a brownfield site, or that renovate and reuse a building more than 50 years old.
Who approves the density bonus?
The Municipal Council, acting as the special permit granting authority under Article X of the Zoning Ordinance. It weighs neighborhood, environmental, traffic and utility impacts before deciding.
Is the density bonus automatic once my site qualifies?
No. Section 440-1001.E says the bonus may be requested by the petitioner as part of the special permit application; the Council can still deny the underlying permit if it finds the project is not in the City's best interest.
Does the density bonus apply to small projects?
No. Section 440-1001 only covers multifamily and mixed-use developments with four or more dwelling units on one lot; smaller projects fall under the base district's dimensional standards instead.

Sources & Official References

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