2021 Zoning Amendments
- Supplemental Dwelling Units
- Inclusionary Zoning
- Mixed-use Building Standards
- Limited Business Overlay
- Demolition Delay
- Article 16 (Moratorium)
- Public Comments
At their January 4, 2021 the Town Council approved of the zoning amendment priorities listed below. The amendments were chosen because they promote diverse neighborhoods, affordable housing, and new growth in downtown and village centers in accordance with Town Council annual Policy Goal III Economic Vitality. The zoning amendments were to be studied and presented in two time periods: March 15, 2021 and September 1, 2021.
At this meeting, the Town Council also voted to authorize the use of funds for consultants to study form based zoning and design guidelines.
Zoning Amendment Priorities
By March 15, 2021
- Adding B-L District to footnote b
- Adding footnote a to maximum lot coverage and maximum building coverage
- Proposed a revised SDU bylaw, similar to the 2018 Town Meeting proposal
- Demolition Delay bylaw revisions
- Work with the Council to begin a conversation on housing types expansion, in preparation for meeting the September 1, 2021 priorities below
- Move apartments to SPR in more zoning districts
- Remove Footnote m
- Revise the Apartments definition
By September 1, 2021
- Dimensional regulations in the R-G and R-VC
- Lowering barriers to development of duplexes and triplexes
- Frontage regulations for Residential zones o Look at appropriateness of Use Table for V-C: What kinds of businesses are allowed or encouraged in V-C districts - food, entertainment, services - things that make community and meet basic needs, within walking distance
- Transportation issues (may not be zoning)
Description of zoning amendment processThe 2021 zoning amendments follow the general process as outlined below and as described in the flowchart provided by the CRC (see blow):
Step 1: Town Council and CRC identify zoning priorities
Step 2: Town staff research zoning bylaws, develop concepts and draft language
Step 3: The CRC and Planning Board discuss research of Town staff
Step 4: The CRC and Planning Board determine that the zoning change is ready to be submitted to Town Council as an official zoning amendment
Step 5: The zoning amendment is presented to the Town Council. Town Council refers the zoning amendment to the CRC and Planning Board
Step 6: The CRC and Planning Board have 60 days to hold a public hearing to receive comments on the zoning amendment, review the language and make changes to the bylaw
Step 7: An updated zoning amendment is presented the Town Council by the CRC and Planning Board for review and approval as a formal zoning amendment
Step 8: Town Council votes on the zoning amendment
Order approving zoning priorities from 1-04-2021 Town Council Meeting
Memo from CRC to Town Council re zoning priorities (large file, 9 MB)
Zoning process flow chart
Supplemental Dwelling Units
The existing Zoning Bylaw (Section 5.011 Supplemental Dwelling Units) lists three types of supplemental dwelling units—1. Supplemental Apartment, 2. Supplemental Apartment II, and 3. Supplemental detached dwelling unit. The section also lists general requirements for supplemental units.
The bylaw has various provisions and requirements that could be updated. For instance, it limits the size of detached units to 800 sq. ft. (below new State standards); it limits attached units to expanding an existing house footprint no more than 10%; it defines a minimum size which may contradict health and other codes; and it requires a special permit approval for a detached and attached supplemental dwelling unit.
The zoning amendment hopes to:
- Update the name to Accessory Dwelling Unit (ADU), which aligns with State and National organizations
- Clearly identifies 3 types of accessory dwelling units
- Provides more flexibility in terms of size and permitting for ADU’s
- Provide a comprehensive list of requirements and conditions for all ADU’s, including design guidelines
status of zoning amendment(where it is in the process)
As of April 27, 2021, this zoning amendment has been determined by the CRC and Planning Board that it is ready to be presented to Town Council as a formal zoning amendment.
CRC Meeting Packets: Scroll to folders 3-09-2021; 4-13-2021
Planning Board Meeting Packets: Scroll to documents 2-17-2021; 4-14-2021
The existing Zoning Bylaw (Section 12) defines an apartment as "A residential use consisting of one or more buildings, each building containing no fewer than three (3), nor more than twenty-four (24) dwelling units." Table 3, the Use Chart, lists standards and conditions such as a an apartment must be located close to a heavily traveled street or streets, close to a business, commercial or educational district, or in an area already developed for multi-family use. Additionally, an apartment must be connect to Town sewer, submit a management plan when going through permitting, and no more than 50% of the units can have the same bedroom count unless all of the units are affordable. Apartments are generally permitted through a Special Permit.
- Clarify the number of units (minimum and maximum) allowed in an apartment building
- Provide standards and conditions that allow apartments to have usable open space and design guidelines
- Update the zoning districts in which apartments are allowed
LINKED DOCUMENTSCRC Meeting Packets: Scroll to folder 5-11-2021
Planning Board Meeting Packets: Scroll to folder 5-12-2021
The existing Zoning Bylaw (Article 15: Inclusionary to projects that require a Special Permit for the use and if a project requests to modify certain dimensional standards (building coverage, lot coverage, an additional floor, or height). The Zoning Bylaw defines affordability as less than 80% of Area Median Income (AMI), has a tiered requirement for providing affordable units, and has a provision for off-site units or payment in lieu fee.
The existing bylaw does not capture many types of development. For instance, mixed-use buildings that do not require a Special Permit for the use (or modify the dimensional standards) are not required to provide affordable units.
- Broaden local preference to all categories allowed by the State
- Expand application of the bylaw to all residential development with limited exceptions
- Require a set aside of affordable units at 60% Area Median Income for larger projects
- Increase payment in lieu fee
status of zoning amendment(where it is in the process)
The Inclusionary Amendment is being presented to the Town Council on May 3, 2021 as a formal zoning amendment.
LINKED DOCUMENTSCRC Meeting Packets: Scroll to folders 3-09-2021; 3-23-2021; 4-13-2021
Planning Board Meeting Packets: Scroll to 3-31-2021; 4-14-2021
Inclusionary Zoning Presentation to the Planning Board 5-19-2021
mixed-use building standards
The existing Zoning Bylaw provides minimal standards for mixed-use buildings. The standards & conditions are found in Section 3.325 (Use Chart) and require a management plan, a Special Permit in the Limited Business (B-L) Districts not abutting the B-G District, and in the Commercial (COM) District if there are more than ten dwelling units above the first floor; retail and commercial uses in a building in the commercial district cannot face onto the street; and in Commercial Districts, no more than forty percent (40%) of the first floor Gross Floor Area shall be used for residential purposes.
The current standards and conditions do not clearly define a mixed-use building or provide guidance on the type and orientation of uses, and the provisions in the Commercial district are problematic.
The 2021 amendment to the mixed-use building standards references previous zoning amendments from 2016 and 2018, as well as other communities, to help:
- Define a mixed-use building with a new definition in Article 12
- Apply standards & Conditions that regulate types of uses, location and orientation of uses on the first floor, require project open space and require that the existing design review guidelines be applied to all mixed-use projects.
Status of Zoning Amendment (Where it is in the process)
The Mixed-use standards are currently being reviewed by the CRC and Planning Board
- Current version of amendment as of 4-22-2021
- CRC Meeting Packets: Scroll to folders 3-09-2021; 3-23-2021; 4-13-2021
- Planning Board Meeting Packets: Scroll to 3-31-2021; 4-14-2021
limited business overlay
The existing Limited Business (BL) Zoning District allows various commercial, retail and residential uses, and has its own dimensional standards.
The existing dimensional standards in the BL Zoning District include a provision of 4,000 additional square feet per dwelling unit that limits residential development. Additional dimensional standards such as building and lot coverage also
The 2021 amendment with the BL Overlay District tries to:
STATUS OF ZONING AMENDMENT (WHERE IT IS IN THE PROCESS)
The amendment is being reviewed by the CRC and Planning Board, with staff making updates and changes.
STATUS OF ZONING AMENDMENT (WHERE IT IS IN THE PROCESS)
Proposed Article 16 (Moratorium)
On March 19, 2021, a Zoning Bylaw Change Petition Form signed by more than 10 residents requesting that the Town Council pass the following measure, Article 16: Temporary Moratorium For 180 Days On Building Permits For Construction Of Residential Buildings With Three Or More Dwelling Units. The petition by the residents has been referred to the Planning Board and Community Resources Committee of the Town Council (CRC) for the purpose of holding a public hearing. A joint public hearing of the Planning Board and CRC for proposed Article 16: Temporary Moratorium For 180 Days On Building Permits For Construction Of Residential Buildings With Three Or More Dwelling Units is scheduled for Wednesday, May 19, 2021 beginning at 8:00 p.m.
Zoning Bylaw – Article 16 – Temporary Moratorium For 180 Days On Building Permits For Construction Of Residential Buildings With Three Or More Dwelling Units
To see if the Town will vote to add Article 16 – Temporary Moratorium For 180 Days On Building Permits For Construction Of Residential Buildings With Three Or More Dwelling Units to the Zoning Bylaw which would temporarily halt the issuance of building permits for the proposed construction of any residential building including three or more dwelling units in the Business General (B-G), Business Limited (B-L) or General Residence (R-G) zoning districts in the town for a period of 180 days. A 180-day delay will provide time for town staff and a consultant to provide outreach to residents, to assist in drafting design standards and to amend the zoning requirements regarding:
- Streetscape, side-walk widths, and green space for new multi-unit developments
- Building heights and setbacks required in the zoning bylaw dimensional table
- Inclusionary Zoning requirements
- The definition of Mixed-use Buildings
- Municipal parking overlay in the B-G District that allows for no parking spaces for new residential buildings and allows removal of existing parking spaces without contribution to a public parking fund, yet allows tenants to secure town parking permits for town parking spaces, irrespective of the number of residential units
- Climate action/resilience criteria for new construction recommended in the town Climate Action, Adaptation and Resilience Plan
If the Town is not able to implement amended zoning bylaws addressing all of the areas listed in this section before 180 days, then there shall be a 90-day extension of the temporary moratorium.
SUBMIT PUBLIC COMMENTS
Public comments can be submitted by
2. Emailing Christine Brestrup, Planning Director,
REVIEW SUBMITTED COMMENTS
Public Comments have been combined into PDF's by date and can be viewed below: