Changes to the Arlington Zoning ByLaw
Passed by the Annual Town Meeting-2009
As a result of the actions voted by the Arlington Annual Town Meeting, six articles were passed which amend the Arlington Zoning Bylaw. These changes require approval by the State Attorney General, which were approved in October 2009.
The changes to the Zoning Bylaw are shown below; where appropriate, for clarification, changes are in bold.
Section 5.04 Table of Use Regulations
This change to the Table, use 8.19, makes consistent across all the business zoning districts that the provision of dwelling units in buildings that contain a business or service use will require a special permit.
Section 5.04 Table of Use Regulations - a new use: 8.23 Keeping of no more than 6 hen chickens (no roosters)
This amendment to the Table of Use Regulations was submitted by 10 registered voters. It will allow the keeping of not more than 6 hens, for non-commercial purposes, in these residential districts: R0, R1 and R2. A permit from the Arlington Board of Health is required for this use. Additional requirements for this use (keeping chickens) include that they be in “ .. an enclosure in the rear yard of a property at least six feet from all property lines and at least 25 feet from residences on adjacent lots.”
Section 8.06 Location of Parking Spaces
Last year, compliance with off-street parking requirements were made easier when shared parking agreements were allowed between nearby businesses within 600 feet. Off-site owned parking spaces were allowed within just 300 feet from the business. The change to this section will allow off-site owned parking to be within 600 feet, the same as what is allowed for shared parking.
Section 8.07(a) Parking in Commercial Districts
This is a new subsection in the Zoning Bylaw. For new developments, it will prevent the location of parking spaces and driveways in the front yard between a business establishment and the street; such arrangements as exist now may remain. However, where a situation warrants it, the ZBA or the ARB may permit front yard parking in the public interest.
Section 9.02(d) Extension and Alteration
This article is meant to clarify a section of the bylaw modified in the 1980’s and 1990’s which made easier the ability to expand structures that did not conform to zoning; the intent at the time was that all other aspects of an addition would still have to conform to zoning. Unfortunately, the language adopted did permit other violations of zoning to occur. This amendment supports the original intent with explicit language “that the extension creates no new nonconformities, nor increases any open space nonconformities, and that no such extension shall be permitted unless there is a finding by the special permit granting authority that the extension shall not be substantially more detrimental to the neighborhood…”
Section 10.11 Special Permits
This article is intended to standardize the language in the Zoning Bylaw, Article 10, Section 10.11 referring to special permit standards and to avoid any confusion with special permit conditions.
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