What is an R1 zone? What can happen in an R1 zone?
Discussions about ADUs often revolve around whether and how much they will change R1 zones. But what is an R1 zone?
“Zoning” is a tool used in urban planning. In traditional “Euclidean” zoning (named for Euclid, Ohio, which got sued to the US Supreme Court and won), in a particular area (“zone”) the zoning designation describes what uses are permitted or prohibited and may also describe the size, bulk, or placement of buildings that is permitted or prohibited. Often zoning is applied to an area after it has already been developed, which may result in “non-conforming” uses or structures within a zone (“non-conforming” means they don’t conform to the zone’s general rules). Zoning ordinances generally allow for “variances” to be granted, so a zone may have non-conforming structures within a zone.
R1 is the designation for a residential, one-family house zone. However, because zoning may have post-dated development, or because variances have been granted, an R1 zone does not necessarily consist of only one-family houses. That is, some neighborhoods in R1 zones consist of only one-family houses, but other neighborhoods in R1 zones are a mix of one-family and multi-unit buildings and possibly even other types of uses or structures.
Salem’s zoning ordinances are found here, but here are some highlights of what new uses are allowed in an R1 zone:
R1 Zones - Selected Uses (read the zoning ordinance for the complete list)
Other important things to know about R1 zones
Houses in an R1 zone can be owner-occupied or rented.
Houses and dwelling units in an R1 zone that were erected or created before the zoning was imposed do not necessarily have the off-street parking that is required by today’s ordinances. For example, an existing house in an R1 zone may have no off-street parking at all. Also, it’s important to remember that a dwelling in an R1 zone might have off-street parking, but that doesn’t mean the resident has to use it (they can park on the street as allowed by law).
Salem does not control how many cars can be owned, rented, or otherwise kept by residents of a household in an R1 zone, although some R1-zoned neighborhoods are in resident sticker parking zones where you need a resident sticker (or visitor pass) to park on the street without getting ticketed. In the resident sticker parking zones, each resident can obtain parking stickers for their cars, although those stickers do not guarantee the availability of street parking. To get a sticker for a car, a person must show proof of residence and their driver’s license must show that address and the car must be registered to that address.
Basically, there’s no limit on the number of cars kept by the residents of a household in an R1 zone, though those residents would have to deal with their parking needs.
The Commonwealth’s regulations on “Minimum Standards of Fitness for Human Habitation” govern the number of people who can live in a particular dwelling unit. So subject to those regulations, your neighbor in an R1 zone can take on roommates, related or not. Your R1 neighbor could have several roommates, or invite their in-laws and grown kids and grandchildren to live with them, and they can all bring their cars. (They just have to live with the parking regulations.
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