Changes to the Arlington Zoning ByLaw
Passed by the Annual Town Meeting-2008
As a result of the actions voted by the Arlington Annual Town Meeting, four articles were passed which propose changes to the Arlington Zoning Bylaw. These changes require approval by the State Attorney General, but are considered in effect until the Town is notified otherwise. These changes will not appear in the Zoning Bylaw until Attorney General approval is received; this is expected to be by September 1, 2008.
The changes to the Zoning Bylaw are:
Section 6.13 Reduced Height Limits in Height Buffered Areas
Open space properties that were subject to height buffering were changed from the R1 zone to the new OS zone in 2001, but the OS zone was not mentioned in the height buffering section (Section 6.13). This oversight is corrected.
Section 7.03 General Regulations for Signs
At one time, there were special sign guidelines for the “H” (hospital) zoning district; an “H” district no longer exists. By oversite, a sign bylaw referring to the “H” district was not removed. This oversight is corrected.
Section 8.01 Table of Off-street Parking Regulations
This change will allow restaurants to create outdoor seating (where it complies with other regulations) without having to add parking spaces that the extra seats would otherwise require. The outdoor seating must be temporary (seasonal) only. Here is the change:
TABLE OF OFF-STREET PARKING REGULATIONS
Use |
Number of off-street parking spaces per unit |
Dwelling, one-, two-, and three-family units. |
Two (2) per dwelling unit. |
Theater, restaurant, gymnasium, auditorium or similar place of public assembly with seating facilities. |
One for each four (4) seats of total seating. For the purpose of calculating parking requirements for restaurants, seasonal outdoor seating shall not count in total seating capacity. |
Section 8.06 Location of Parking Spaces
This article proposes to allow property owners to meet the parking requirement for a particular use by off-site parking. Every use that is developed must meet a parking requirement. The Bylaw currently allows off-site parking that is under the same ownership to meet parking requirements. This amendment would allow off-site parking that the user does not own, but has agreement to utilize. The amendment applies only to projects that are subject to Environmental Design Review.
Here is the update:
Section 8.06 - Location of Parking Spaces
Required off-street parking spaces shall be provided on the same lot as the principal use they are required to serve or when practical difficulties as determined by the ZBA, or in cases subject to Section 11.06, the ARB, prevent their establishment upon the same lot, they shall be established no further than three hundred (300) feet from the premises to which they are appurtenant. Such spaces may be located out of doors or within a structure designed as a public or private garage. Projects subject to Environmental Design Review under Section 11.06, may provide parking off site within six hundred (600) feet, where it can be shown that a long-term agreement has been made to secure off site parking.
Section 11.06 Environmental Design Review
Environmental Design Review is a special permit process with 11 standards which developers must address in their application. A new review standard has been added – Standard 12. Sustainable Building and Site Design. The standard encourages developers to consider sustainable options for elements and systems in the construction of their projects. Applicants seeking a special permit under Environmental Design Review are advised to review the LEED (Leadership in Energy and Environmental Design) rating system as established by the U.S. Green Building Council. A project is NOT required to be LEED certifiable, but application must discuss what design elements will be included to make the project energy efficient and environmentally sustainable.
Here is the change:
Section 11.06 Environmental Design Review
f. ENVIRONMENTAL DESIGN REVIEW STANDARDS
1.
..
12. Sustainable Building and Site Design. Projects are encouraged to incorporate best practices related to sustainable sites, water efficiency, energy and atmosphere, materials and resources, and indoor environmental quality. Applicants must submit a current Green Building Council Leadership in Energy and Environmental Design (LEED®) checklist, appropriate to the type of development, annotated with narrative description, that indicates how the LEED® performance objectives will be incorporated into the project.
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