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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 •