Power Point for Zoning Hearings Mar 11 2013 Dist
§350-3.4 and attachment 1.1 Rezone Watershed Protection Throughout the City
1.
§350-3.4 Rezone Parcels on Easthampton Road from BP and SR to GI to Help Fulfill the Business Park Vision
2.
§350-4.4 Language Regarding Home Occupation to be Consistent with Current “Home Business” Classification
3.
§350j Water Supply Protection: Larger Accessory Structures Allowed, Addressing Mistakes in Attached Garage
4.
Setbacks, Relaxing Photovoltaic Structures
§350-11.2, 11.3, 11.4, and 11.6b Minimize Permit Review Also Add Recording Requirements
5.
§350-10.1B Site Plans Approved with Special Permits be Recorded with the Decision
6.
§350-9.3A New Non-Conforming Aspects to Already Existing Non-Conforming Single or Two Family Homes be
7.
Allowed by Special Permit Consistent with Recent Court Rulings on the Matter
§350-350a et seq. Increase Height Limits in Office/Industrial, General Industrial, and Central Business District
8.
by Five Feet, eliminate all references to SI remaining in text.
§350-7.7 General Advertising Signs (Billboards) May Not Be Reconstructed to Contain Electronic Technology.
9.
Clarify when billboards must be removed.
Similar to proposal in 2009
•
Shrink WP Zone to FEMA mapped
•
areas (where it exists).
Rezone from WP to Special
•
Conservancy(SC)
Reduces number of permits
•
Treats all residential uses equally
•
Rename WP to FP overlay for clarity.
•
No other changes to business districts.
Correct errors relative to detached and
•
attached garage setbacks.
Expand allowed sizes for detached accessory
•
structures.
Allow majority of ground mounted PV panels
•
by-right instead of Special Permit.
Less than 8KW or 100% of demand = No SP
•
Greater than 8KW or 100% continues to require SP.
•
Zoning Board of Appeals Permits:
•
“Finding” Section 9, Non-Conformities
1.
No new violations AND is not substantially more detrimental to the
•
neighborhood than existing conditions
Majority to approve: 2 of 3 members
•
“Special Permits” , Table of Use
(signs, det. accessory apart.)
2.
Board finds something unique about the building/parcel to warrant a
•
permit & it is consistent with the City’s Master Plan
Unanimous to approve: 3 of 3 members
•
“Variance” section 9, Non-Conformities
3.
Rarely requested/granted for new violations
•
Most difficult permit
•
Board can only grant if:
•
No other viable use of the property
•
Affects individual lot differently than others due to topography or geography
•
Hardship not created by the applicant
•
Unanimous to approve: 3 of 3 Members
•
MA Appeals Ct. case driving change: single/two-family non-
•
conformities
Variance no longer required for new violations on pre-existing non
•
conforming 1 /2 Family structures
Effects:
•
If you have a vacant lot, you must build to zoning.
•
Finding
If your structure conforms to zoning, must always conform.
•
If non-conforming structure/lot, do whatever you want after permit from
•
Zoning Board of Appeals.
ZBA must find: The change is not substantially more detrimental to the
•
neighborhood than previous condition.
Alters permit from variance
•
to special permit
Maintains Super Majority
Finding
•
Non-Conforming Side
Proposed
Setback
Vote
).
(3 members to approve
Special
Standard for approval easier
•
Permit
than Variance.
(same as Finding)
Variance
Existing
If underlying zoning
Structure
•
ordinances change to make
more lots conform, then
less likely to use new
Side Setback
standard to by-pass zoning
intentions.
Clarifyexisting interpretations
•
No reconstruction of grandfathered billboards
•
OrdinaryMaintenance Allowed, no structural
•
replacements
Add prohibition on electronic signs/LED sign
•