Massachusetts General Laws

Mass. Gen. Laws ch. 40A, § 4 (2026)

Uniform districts

✓ current as of July 2026

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Section 4. Any zoning ordinance or by-law which divides cities and towns into districts shall be uniform within the district for each class or kind of structures or uses permitted.

Districts shall be shown on a zoning map in a manner sufficient for identification. Such maps shall be part of zoning ordinances or by-laws. Assessors' or property plans may be used as the basis for zoning maps. If more than four sheets or plates are used for a zoning map, an index map showing districts in outline shall be part of the zoning map and of the zoning ordinance or by-law.

Notes of Decisions

Cited in 74 cases (3 in the last 5 years), 1958–2025 · leading case: Tpk. Realty Co. v. Town of Dedham, 284 N.E.2d 891 (Mass. 1972).

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Tpk. Realty Co. v. Town of Dedham, 284 N.E.2d 891 (Mass. 1972). · cites it 4× “" In the MacGibbon case, we concluded that sufficient standards for the board of appeals were contained in G.L.c. 40A, § 4, and § 8 (d) of the Duxbury by-law, which provided *232 that: "[t]he Board of Appeals may, in appropriate cases and subject to appropriate conditions and…”

Kiss v. Bd. of Appeals of Longmeadow, 355 N.E.2d 461 (Mass. 1976). · cites it 3× “” The board scheduled and held a public hearing on the applications as required by G. L. c. 40A, § 4, after notice thereof was duly given as required by G.”

Gulf Oil Corp. v. Bd. of Appeals of Framingham, 244 N.E.2d 311 (Mass. 1969). · cites it 3× “Gulf contends that because the judge found that the granting of the special permit would substantially serve the public convenience and welfare and would not tend to impair the status of the neighborhood, the board was required to grant the permit and therefore its decision not…”

Gage v. Town of Egremont, 566 N.E.2d 597 (Mass. 1991). · cites it 5× “In the general residential district, beyond uses that must be permitted by statute (G. L. c. 40A, § 4), Egremont allows as of right: a one-family dwelling; a two-family dwelling; home occupations in certain circumstances; and roadside stands.”

Waltham Motor Inn, Inc. v. LaCava, 326 N.E.2d 348 (Mass. App. Ct. 1975). · cites it 3× “These are two bills in equity by which the remaining plaintiffs named therein 4 seek to challenge separate decisions of the city council of Waltham (council) by which the council granted special permits (see G. L. c. 40A, § 4) for the construction and operation of a hotel and a…”

S. Volpe & Co. v. Bd. of Appeals of Wareham, 348 N.E.2d 807 (Mass. App. Ct. 1976). · cites it 2× “” In both districts the zoning by-law provides that a special permit (G. L. c. 40A, § 4 2 ) is required if land is to be used as a “golf course.”

Shuman v. Bd. of Aldermen of Newton, 282 N.E.2d 653 (Mass. 1972). · cites it 3× “*761 Statutory authority to issue special permits is given by G. L. c. 40A, § 4. 4 Freeport’s application for a permit was filed on February 2, 1970, and set out the proposed use of this ten bedroom house as a residence for not more than sixteen students (to be charged only…”

Middlesex & Boston Street Ry. Co. v. Bd. of Aldermen, 359 N.E.2d 1279 (Mass. 1977). · cites it 2× “7 violated his constitutional rights or his additional *853 claim that it was null and void because it exceeded the board’s power under G. L. c. 40A, § 4, to impose “appropriate conditions and safeguards” in granting special permits.”

Potter v. Bd. of Appeals of Mansfield, 294 N.E.2d 587 (Mass. App. Ct. 1973). · cites it 4× “On September 15, 1970, the board of appeals held a public hearing on the petitioner’s application which met all the procedural requirements of notice and hearing set out in G. L. c. 40A, §§ 4, 17 and 18, as then in effect.”

Roberts v. Sw. Bell Mobile Sys., Inc., 429 Mass. 478 (Mass. 1999). “The office of the Attorney General notified the town on May 13, 1997, that the code’s preference for siting such facilities on municipal land violated the uniformity provisions of the Zoning Act, G. L. c. 40A, § 4. We have held as a matter of law that the grant of a special…”

Regis Coll. v. Town of Weston, 968 N.E.2d 347 (Mass. 2012). “” G. L. c. 40A, § 4. While the Dover Amendment creates an exception to this general rule of uniformity, it does not effect a wholesale suspension of that principle.”

Muldoon v. Plan. Bd., 892 N.E.2d 353 (Mass. App. Ct. 2008). · cites it 3× “278, 279 (1986), a Land Court judge ruled that the setback condition was unreasonable and beyond the board’s authority because it derogated from the uniformity requirement of G. L. c. 40A, § 4. 3 The judge annulled the board’s decision and remanded the case for entry of a new…”

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