Zoning Amendments
- Introduction
- Solar Bylaw
- Supplemental Dwelling Units
- Apartments
- Mixed-use Building Standards
- Inclusionary Zoning
- Parking
- Limited Business Overlay
- Demolition Delay
- Article 16 (Moratorium)
- Public Comments
INTRODUCTION
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 & 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 process
The 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
Linked Documents
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
Solar Bylaw
Currently Article 3 of the Amherst Zoning Bylaw allows for approval of solar photovoltaic installations by Site Plan Review (Planning Board) or Special Permit (Zoning Board of Appeals) dependent upon the zoning district. In the fall and winter of 2021, a petition article to impose a temporary moratorium on large-scale ground mounted solar installations was initiated. The Planning Board held a public hearing on this proposed zoning amendment (Article 16 – Temporary Moratorium on the Permitting and Approval of Large-Scale Ground Mounted Solar Photovoltaic Installations) on December 1st and December 15th ultimately deciding not to recommend the proposed temporary moratorium.
However, the Planning Board, at their January 5, 2022 meeting, began discussions regarding the importance of developing a Solar Bylaw for Amherst and the benefits of a Solar Resource Assessment and Map.
Resources
PVPC Solar Best Practices Guide 2020
Public Comments
Solar Bylaw Comments Jenny Kallick 1 1 2022
Supplemental Dwelling Units
Existing Zoning
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.Problem Statement
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.Proposal Strategies
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)The Planning Board and CRC have both held public hearings and deliberated on this proposal - both voting to recommend the adoption of this bylaw.
On October 4, 2021, the Town Council held their first reading of the bylaw proposal. On October 18th, 2021, the Town Council will hold their second reading of the bylaw.
Linked documents
Current version of amendment as of September 10, 2021
Presentation of amendment dated February 17, 2021
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
Apartments
EXISTING ZONING
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.
PROBLEM STATEMENT
PROPOSAL STRATEGIES
- 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
- Provide special provisions for Apartment building located within the General Business (B-G) Zoning District
STATUS OF ZONING AMENDMENT
(where it is in the process)At their June 28th, 2021 meeting, the Town Council referred this bylaw to the Community Resources Committee and Planning Board for a Public Hearing and to offer their recommendation to the Town Council on the adoption of the bylaw.
A joint public hearing of the Planning Board and CRC was held on July 21, 2021. The Planning Board and CRC will deliberate separately at a future meeting to discuss the bylaw proposal and offer their recommendation to the Town Council.
LINKED DOCUMENTS
Current Draft Apartment Language, as of September 30, 2021
Report by the Chair of CRC to the Town Council – Revisions to Zoning Bylaw – ADU and Apartments Use Table
Town Council Meeting Packets: Scroll to folder 6-28-2021; 10-04-2021
Planning Board Meeting Packets: Scroll to folder 5-12-2021, 6-16-2021, 7/14/2021, 7-21-2021, 9-1-2021, 9-14-2021
mixed-use building
Existing Zoning
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.
Problem Statement
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.
Proposal Strategies
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)
At their June 28th, 2021 meeting, the Town Council referred this bylaw to the Community Resources Committee and Planning Board for a Public Hearing and to offer their recommendation to the Town Council on the adoption of the bylaw.
A joint public hearing of the Planning Board and CRC was held on July 21, 2021. The Planning Board and CRC will deliberate separately at a future meeting to discuss the bylaw proposal and offer their recommendation to the Town Council.
At their August 18th, 2021 meeting, the Planning Board voted to recomend the mixed-use bylaw amendment.
Linked Documents
- Presentation to Planning Board/CRC Joint Public Hearing, July 21, 2021
- Current version of amendment language as of 6-28-2021
- Current version of amendment presentation as of 6-28-2021
- CRC Meeting Packets: Scroll to folders 3-09-2021; 3-23-2021; 4-13-2021, 6-22-2021
- Planning Board Meeting Packets: Scroll to 3-31-2021; 4-14-2021; 7/14/2021
- Town Council Meeting Packets: Scroll to 6/28/2021
INClusionary Zoning
EXISTING ZONING
The existing Zoning Bylaw (Article 15: Inclusionary Zoning) applies 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.PROBLEM STATEMENT
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.
PROPOSAL STRATEGIES
- 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 DOCUMENTS
Current version of amendment as of 6-29-2021
Current version of amendment as of 4-22-2021
CRC Meeting Packets: Scroll to folders 3-09-2021; 3-23-2021; 4-13-2021Planning Board Meeting Packets: Scroll to 3-31-2021; 4-14-2021
Inclusionary Zoning Presentation to the Planning Board 5-19-2021
Parking
EXISTING ZONING
The existing Zoning Bylaw (Section 7) requires 2 parking spaces per dwelling unit for all residential and mixed-use buildings.
PROPOSAL STRATEGIES
A Zoning Amendment related to parking seeks to require:
Two (2) parking spaces for each dwelling unit shall be provided unless the applicant can demonstrate to the Permit Granting Authority (PGA) that an alternative ratio ensuring adequate parking for the proposed use will be provided. The PGA shall approve a parking management plan and determine the adequate number of off-street parking spaces based on criteria such as:
- bedroom count;
- analysis of traffic impact reports;
- analysis of parking utilization study of public or private, on or off-street parking no further than 800-feet of the proposed use;
- Peak parking needs generated by on-site uses occur at different times;
- proximity to downtown;
- proximity to public transit;
- proximity to public parking, including on-street and off-street parking;
- availability of alternative modes of transportation;
- tenant lease restrictions relative to parking; and
- shared or leased parking, as regulated in accordance with Section 7.2.
STATUS OF ZONING AMENDMENT (where it is in the process)
At their June 28th, 2021 meeting, the Town Council referred this bylaw to the Community Resources Committee and Planning Board for a Public Hearing and to offer their recommendation to the Town Council on the adoption of the bylaw.
A joint public hearing of the Planning Board and CRC was held on July 21, 2021. The Planning Board and CRC will deliberate separately at a future meeting to discuss the bylaw proposal and offer their recommendation to the Town Council.
Linked Documents
- Current Draft Parking Amendment Language (Marked-Up Copy), as of 11-16-2021
- Current Draft Parking Amendment Language (Clean Copy), as of 11-16-2021
- Presentation to CRC, Dated November 5, 2021
- CRC Meeting Packets: Scroll to folder 6-8-2021; 7/21/2021; 8/17/2021; 11/9/2021
- Planning Board Meeting Packets: Scroll to folder 6-16-2021; 7/14/2021; 7/21/2021; 9/1/2021; 9/14/2021; 11/3/2021
- Town Council Meeting Packets: Scroll to folder 6/28/2021; 11/29/2021
limited business overlay
Existing Zoning
The existing Limited Business (BL) Zoning District allows various commercial, retail and residential uses, and has its own dimensional standards.
PROBLEM STATEMENT
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
PROPOSAL STRATEGIES
The 2021 amendment with the BL Overlay District tries to:
- Create a an area along the street that allows flexibility in terms of dimensional standards
- Determine front setbacks that allow for wider sidewalks and active pedestrian areas along the street
- provide design guidelines that encourage scale, massing and architectural elements that are consistent with the historic buildings in downtown
- incentivize density along the street away from the adjacent residential neighborhoods.
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.
LINKED DOCUMENTS
Current version of amendment presentation as of 07-14-2021
Current version of amendment as of 07-13-2021
Version of amendment as of 6-22-2021
Version of amendment presentation as of 6-22-2021
CRC Meeting Packets: Scroll to folders 3-09-2021; 3-23-2021; 4-27-2021; 6-22-2021
Planning Board Meeting Packets: Scroll to 2-17-2021; 2-24-2021; 3-03-2021; 7/14/2021
demolition delay
EXISTING ZONING
The existing Demolition Delay bylaw is found in Article 13 of the Zoning Bylaw. This bylaw has been in place since 1999 and was once amended in 2005. The bylaw empowers the Historical Commission to place a 12-month delay on the demolition of buildings found to be historically significant and whose demolition would be detrimental to the Town's heritage and historic character.
PROBLEM STATEMENT
The Demolition Delay bylaw works well in many respects but could be made more concise and provide more clarity to staff, applicants, and Historical Commission members. The bylaw contains vague definitions for the terms Demolition and Building which makes interpretation difficult. The bylaw contains little guidance or criteria on how the Commission should decide to impose a delay on a demolition other than being detrimental. The actual permitting and application pathway is combined with the Building Department and should be a separate process from that of issuing a Building Permit. Lastly, the Historical Commission received a high number of cases to review and there is no mechanism for staff to provide administrative review of projects before sending to the Commission.
PROPOSAL STRATEGIES
The Historical Commission, Planning Department, and Building Commissioner have been working on revising this bylaw for many years. The 2021 amendment for the Demolition Delay Bylaw proposes to:
- Rename to "Bylaw for the Preservation of Historically Significant Buildings"
- Move Bylaw from Zoning to General Bylaw
- Clarify definitions of Building and Demolition
- Add administrative review for historical significance before sending to Historical Commission
- Add criteria to help the Commission and applicants understand how/when a delay will be imposed
- Encourage the Commission and staff to work with applicants on preservation during delay period
- Create a separate permitting track from the Building Department
- Add an appeal process
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. The Historical Commission is actively involved in the formation of the new bylaw.
The Planning Board will discuss this zoning amendment at their August 4, 2021 meeting.
LINKED DOCUMENTS
Presentation about the Bylaw given to CRC and Planning Board
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 was submitted.
Town Council referred the residents' petition 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.
STATUS OF ZONING AMENDMENT
(where it is in the process)
At their July 12, 2021 meeting, the Town Council voted 4-9 to reject the proposed building moratorium.
Documents
SUBMIT PUBLIC COMMENTS
Public comments can be submitted by
1. Clicking Here to use the online form to type comments or attach an existing document, or
2. Emailing Christine Brestrup, Planning Director,
REVIEW SUBMITTED COMMENTS
Public Comments have been combined into PDF's by date and can be viewed below:
December 21, 2020 to March 24, 2021
March 24, 2021 to March 31, 2021
April 1, 2021 to April 7, 2021
April 8, 2021 to April 16, 2021
April 21, 2021 to April 26, 2021
June 27, 2021 to July 27, 2021
Proposed Article 16 Public Comments March 16, 2021 to May 3, 2021
Proposed Article 16 Public Comments May 18, 2021
Proposed Article 16 Public Comment May 19, 2021
Proposed Article 16 (Moratorium) Comments May 19, 2021
Proposed Article 16 (Moratorium) Comment Spiegelman June 27, 2021
Memo re: Parking Garage Muspratt July 2, 2021
B-L Overlay District Schoen July 15, 2021
Janet McGowan Rezoning CVS Parking Lot Questions July 28, 2021
Janet McGowan list of questions on zoning amendment lifting the 24 unit cap 8-26-2021
Janet McGowan Parking Amendment Questions 7 27 2021
Janet McGowan Apartment Comments 9 20 2021
CVS Parking Lot Comments from Maura Keene 9 24 2021
Parking Garage Comments From Business Owners 9 27 2021
Support for Rezoning CVS Parking Lot from Collective Copies 9 28 2021
N Prospect Town Owned Parking Lot Rezoning Comment Keller 9 29 2021
Amherst Cinema Support for Rezoning the Official Zoning Map 9 29 2021
Proposed overlay zone for the "CVS" lot, and the matter of trust Suzannah Muspratt 10 8 2021
Proposed Prospect Street Garage Rani Parker 10 16 2021
N Prospect St Parking Structure Jay Silverstein 10 19 2021
Planning For A New Garage Downtown Ira Bryck 10 20 2021
Zoning Comments Jay Silverstein 10 21 2021
Parking and Mixed-use Building Comment Ira Bryck 11 9 2021
Amherst Center Parking Feedback - Peltz 11 3 2021
Parking Garage - Kenneth Rosenthal 11 28 2021
Opposition to Rezoning - Jay Silverstein 12 9 2021
Parking Garage Comment 12 13 2021