BURLINGTON TOWN MEETING January 28, 2013 ZONING BYLAW ARTICLES BACK-UP Article 1: Zoning Bylaw Amendments to Article VII "General Regulations," Section 7.1.0 "Access through other Districts" Article 2: Zoning Bylaw Amendments to Article IV, Section 4.1.2 "Retroactive Special Permit" and Article VI "Nonconforming Uses and Structures" Article 3: Zoning Bylaw Amendments to Article II "Definitions" and Article IV "Use Regulation Schedule" Hotel, Motor Hotel, Motel and Residence Hotel Article 4: Zoning Bylaw Amendments to Article IV, Section 4.3.1.12 "The keeping of animals other than the usual household pets, subject to the restrictions of Lhe Board of Health"- Chickens Articles: Zoning Bylaw Amendments to Article X, to Add a New Section 10.6 "Temporary Moratorium on Medical Marijuana Treatment Centers" Town M eeting Back-Up Page I
Article 1: Zoning Bylaw Amendments to Article VII "General Regulations," Section 7.1.0 "Access through other Districts" Prepared by: The Land Use Committee The Land Use Committee (LUC) will, on occasion, review the Zoning Bylaws (ZBL) and recommend amendments to articles. On occasion the committee will learn of residents' concerns and respond by proposing amendments to the ZBL. Shortly before rhe May 2012 Town Meeting, LUC members became aware of a proposal that residents were concerned about. On review of the ZBL relative to access and egress through residentially zoned neighborhoods and properties, the LUC submitted an anicle for September 2012 Town Meeting to amend Article VII, Section 7.1.0, of the Zoning Bylaws. The Article was one of four tabled until January 2013 Town Meeting. The curtent text reads: No access to or egress from BN, BL, BG, BT, lh, IR, and IG districts shall be permitted in or through RO and RG districts or in or through residentially zoned land in a contiguous municipality except over public ways, and private ways in use as public ways on January 3 1, 1977. The article submitted proposes to amend the current section so the section reads: No access to or egress from any other zoning district through the RO district shall be permitted, and no access or egress from the BN, BL, BG, BT, IH, IR and IG districts shall be permitted in or through the RG district, and no access to or egress from residentially zoned land in a contiguous municipality shall be permitted, except over public ways, and private ways in use as public ways on January 31, 1977. Town Meeting Back-Up Page 2
ARTICLE 2: AMEND ZONING BYLAW ARTICLE IV, SECTION 4.1.2 "RETROACTIVE SPECIAL PERMLT" AND ARTIC LE VI II NONCONFORMING USES AND STRUCTURES!! Prepared by: The Planning Department BACK-UP: This article seeks to provide greater clarity and direction to the Planning Board and Inspector of Buildings for reviewing and regulating proposed alterations, extensions or changes to nonconforming uses, buildings, structures and premises. The Zoning Bylaw cuttently allows the Planning Board to entertain alterations, extensions or changes with no specific guidance on the mechanism for review, and approval or denial of such requests is by majority vote. The proposed bylaw amendment spells out limited specific scenarios that can be pursued under different thresholds of review, with most scenarios requiring a special permit and a two-thirds majority of the Planning Board for approval. It also provides that the creation of a new nonconformity is not within the purview of the Planning Board under Section 6 but requires a variance from the Board of Appeals. Summary: [J This article seeks to provide greater clarity and direction to the Planning Board and Inspector of Buildings. [J The proposed bylaw amendment: Elevates the vote of the Planning Board to a Special Permit requiring 2/3 majority. Eliminates a change from a nonconforming use to another nonconforming use Spells out limited specific scenarios within changes to nonconforming uses, structures and premises as well as changes to one and two family structures. It also provides that the creation of a new nonconformity is not within the purview of the Planning Board under Section 6 but requires a variance from the Board of Appeals. Town Meeting Back-Up Page 3
Example A Build nq Fnv.. l op~ 1!<.111 Sp<!Ct<.l I ermlt r rd, ntug II.r lxtstlnq Non-Conrormny Town Meeting Back-Up Page4
ARTICLE 3: AMEND ZONI NG BYLAW ARTICLE II "D EF IN ITIONS" AND ARTICLE IV "USE REGULATION SCHEDULE" HOTEL, MOTOR HOTEL, M OTEL AND RESID ENCE HOTEL Prepared by: The Planning Department BACK-UP: The Zoning Bylaw currently groups Hotels with motor hotels and motels, allowed by Special Permit only in the IH district. There are very few IH zoned parcels in Burlington. The Zoning Bylaw separately allows for Residence Hotels (commonly called Extended Stay Hotels) by Special Permit in the IG District for which many parcels in Burlington are zoned in the commercial area. As a result Burlington has seen a number of applications for residence style hotels but no full service hotels. Due to the limited number of parcels zoned IH compared with the number of parcels zoned IG we have inadvertently promoted the growth of residence hotels over full service hotels. Today, there is approximately a 50/50 split in the number of hotel rooms in full service hotels (Burlington Marriot & Hilton Garden Inn) to rooms in residence hotels (Hyatt House Burlington, Homestead Studio Suites, Candlewood Suites & Sonesta Suites). Hotel Room InventorY (1.172 rooms) w~esidence ln 1 (},311 J Hotel Tvpe i'lumber of Rooms Percentage Hotel 597 51 o/o Residence Hotel 575 49o/o TVith Reside11ce Inn 714 549o In order to better balance hotel options with resident hotels as future applications may arise, this amendment seeks to revise the definitions of hotels and residence hotels, and separately regulate hotels from the grouping \1\iith motor hotels and motels, by allowing hotels in the IG and IH districts and relegating motor hotels and motels to the BT district alone. Below is a mark-up of the chan ges form the original text in the zoning bylaw. 4.2.0 PRINCIPAL USE REGULATION SCHEUDLE USE DESlGNA TION DISTRICT OVERLA V DISTRICTS U.l U.J.3 +.2.1.3.1 RESIDENCE USES RO RG RC BN BL Jl(; llt IG lll IR OS A WR cc CB)) Melels. Hotel. >~eter hetel NO NO NO NO NO NO NO N(} SP NO NO YES YES SP 1 SP 1 SP Residence hotel/motel NO NO NO NO NO NO NO SP SP NO NO YES YES SP 1 SP, Town Meeting Back-Up Page 5
~ 2.1.32 Motor Hotel or "ot!'l In addition to the amendments to the use regulation schedu le we propose new/modified definitions for hotels, motor hotels and residence hotels. 2.8.6 Hotel. Motor Hotel or Motel Anicle II: Definitions A building or several buildings containing sleeping rooms for resident or transient guests \Vith a provision for serving food in a public dining room, but no cooking in rooms occupied by guests. 2.8.6.1 Hotel A building or buildings containing not less than fotty (40) sleeping rooms for a fee for transient guests accessed primarily from interior lobbies or halls, and customary lodging services, including maid service, furnishing and upkeep of furniture and bed linens, and telephone and desk service for resident or transient guests with a provision for serving complimentary food in a dining room, but no cooking in rooms occupied by guests. Related accessory uses may include but shall not be limited to conference and meeting rooms, restaurants and recreational facilities. 2.8.6.2 Motor Hotel or Motel A building or buildings containing sleeping rooms for a fee for transient guests, accessed through an individual exterior door per unit or room without cooking facilities in rooms occupied by guests. 2.18.6 Residence Hotel/Motel A building or buildings containing not less than fifty (50) sleeping rooms for resident or transient guests.vhich may provide for serving food in a public dining room and/or which may also provide for cooking and private dining in individual rooms. A residence hotej./motel shajj be located within 1,500 feet of the layout of a limited access highway which, for purposes of this Bylaw, shah mean a roadway under federal and/or state jurisdiction to which access is limited to certain designated interchange locations. Only Route 3 and Route 128/95 qualify as limited access highways for purposes of this Bylaw. A building or buildings containing not less than fifty (50) sleeping rooms for a fee for transient guests which may pr ovide for complimentary snacks or continenta l breakfast, in a public space, but not a formal r estaurant or dining room for which additional charges are made, and which may also provide for cooking and private dining in individual rooms. A residence hotel/motel shall be located within 1,500 feet of Route 3 or Route 128/95. Summary: [J Hotels are grouped with motor hotels and motels, allowed by Special Permit only in the IH district. [J The Zoning Bylaw separately allows for Residence Hotels (commonly called extended stay hotels) by special permit in the IG District. Town Meeting Back-Up Page 6
D Currently more land is zoned IG in Burlington. Therefore the Zoning Bylaw has promoted the growth of residence hotels over fu11 service hotels. Today, there is approximately a sofso split in the number of hotel rooms in full service hotels D Relegates motor hotels and motels to the BT district alone. Town Meeting Back-Up Page 7
ARTICLE 4: AMEND ARTICLE IV, SECTION 4.3.1.12 "THE KEEPING OF ANLMALS OTHER THAN THE USUAL HOUSEHOLD PETS, SUBJECT TO THE RESTRICTIONS OF THE BOARD OF HEALTH" & CHICKENS Prepared by: The Planning Department BACK-UP: Suburban farming, the practice of growing and distributing food in an urban environment is a national trend that has been on the rise. The rise in the cost of food and the movement to provide an ecological understanding of what is in our food and where our food comes from has resulted in many urban and suburban residents across the country turning towards home gardening and raising backyard chickens. Here in Burlington the Building Department and Planning Department have received numerous requests for the keeping of anywhere from 4 to 25 chickens. Within Burlington's CUJTent regulatory setup, the keeping of any animal that does not qualify as a "usual household pet" requires both a permit from the Board of Health and a special pe1mit from the Planning Board. "Usual household pet" is not currently defined, raising an an ay of potential dilemmas as to whether certain animals are pets versus livestock. Chickens are not CliiTCntly considered usual household pets and therefore require a special petmit. This a1ticle seeks to enable the keeping of not more than 6 hen chickens by right under zoning, but still requires a permit from the Board of Heallh under its "Regulations Concerning the Keeping of Certain Domesticated Animals and Fowl in Residential Areas of the Town of Burlington and Concerning the Use of Certain Animal Products". The keeping of more than 6 hen chickens would still require a special permit. Summary: [J Backyard Urban & Suburban farming is a national trend that has been on the rise. [J This article seeks to enable the keeping of not more than 6 hen chickens by right under zoning, but still requiring a permit from the Board of Health The keeping of more than 6 hen chickens would still require a special permit. Town Meeting Back-Up- January 2013 Page 8
Article 5: Zoning Bylaw Amendments to Article X, to Add a New Section 10.6 "Temporary Moratorium on Medical Marijuana Treatment Centers" Prepared by: The Planning Department Since the passage of the Ballot Question in November the Town has received many inquires on the topic. In late November the Town Administrator, Building Inspector, Planning Director, Director of Public Health and Police Chief met to discuss options to move forward. In discussions with Town Counsel and the Planning Board we chose at this time to move forward with a moratorium so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. Brief Summary of Article Creates a new Section 10.6: "Temporary Moratorium on Medical Marijuana Treatment Centers" Clarifies that "Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town" The moratorium on use of land or structures for Medical Marijuana Treatment Center shall be in effect from the date of passage at Town Meeting to June 30, 2014, allowing slightly over twelve months after the date the Department of Public Health will issue its regulations to formulate bylaws or ordinances regulating medical marijuana treatment centers. During the moratorium period, the ToV\In shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses. To wn Meeting Back-Up - January 201 3 Page 9
Summary of a Moratorium provided by Town Counsel: K OPELMAN AND PAIGE. P.C. MEDICAL MARIJUANA UPDATE TEMPORARY ZONING MORATORIUM The Medical Marijuana Act went into effect on January 1, 2013. While some legislators will be seeking to postpone implementation of the law, we recommend that each municipality prepare now for the possibility that medical marijuana treatment centers may be registered and ready to open as early as the summer of 2013. Some municipalities may wish to immediately allow the siting of one or more treatment centers; however, many municipalities may wish to adopt zoning bylaws or ordinances to regulate where and how such a center may be sited. If a proposed bylaw or ordinance already has been developed, then the zoning amendment process should begin as soon as possible. Some municipalities may desire time to study whether and how to create zoning provisions to regulate medical marijuana treatment centers. If so, the municipality may consider enacting a zoning moratorium that would temporarily prohibit issuance of building and occupancy permits for medical marijuana treatment centers for a specific and limited period of time. Such zoning moratoria have withstood legal challenge. W.R. Grace & Co. Conn. v. City Council of Cambridge, 56 Mass. App. Ct. 559 (2002} (A two-year moratorium was upheld and found to be reasonable under the circumstances). To withstand a challenge, however, the moratorium must identify the particular issue to be addressed by the moratorium and state the rational basis for its adoption. The moratorium also must be limited in duration and the duration must be reasonable in relation to the planning process necessary to be undertaken. If a moratorium is challenged, the reviewing court will examine the circumstances under which it was adopted and require the municipality to establish the rational basis for the moratorium. Sturges v. Chilmark, 38 Mass. 246, 252 {1980). More specifically, a municipality must be ready to demonstrate its reasons for adopting the moratorium and be prepared to present the specific, tangible concerns that are to be addressed. For example, a municipality could describe the potential impact that location of a medical marijuana treatment center would have on local law enforcement and public safety needs. It must be emphasized that the duration of the moratorium must have a rational relationship to the proposed planning process. During the moratorium, officials should undertake a study of the issues and then take the necessary steps to develop and present a proposed bylaw or ordinance to the legislative body, so as to address the identified issues. Town Meeting Back-Up- January 20 13 Page 10
The following is for reference purposes only ARTICLE Ifi: DISTRICTS (Excerm fi Oinlhe Zoning Bvlaw) SECTION 3.1.0 DISTRICTS: For the purposes of the Bylaw, the Town of Burlington is hereby divided into the following types of use districts: Residential Districts RO- One-Family Dwelling Districts RG - Garden Apartment Districts RC - Continuing Care Districts Business Districts BN- Neighborhood Business Districts BL - Limited Business Districts BT- Continuous Traffic Business Districts BG - General Business Districts Industrial Districts IR - Retail Industi ial Districts IG - General Industrial Districts IH- High-Rise Industrial Districts Other Districts PD- Planned Development Districts OS - Open Space Districts Overlay Districts The following special districts are hereby established and are set forth in Article 8.0: FP - 100-Year Flood Plain Districts WR- Water Resources Districts W - Wetlands Districts A - Aquifer Districts WC - Wireless Communications Districts CC - Civic Center District CBD- Central Business District Town Meeting Back-Up - January 2013 Page II