Village Center Zoning

Village Center Zoning What is Village Center Zoning? Village Center Zoning is the creation of a specific zoning district for the unique needs of a small scale mixed use commercial area. The current zoning for villages in your community could be creating a suburbanized setting by requiring large parking lots and setbacks. A Village Center District seeks to preserve the existing mixed uses of a village and encourage new construction to be compatible with the setbacks and scale of existing structures. This can make a substantial difference in creating a village or downtown that people want to visit, shop and return to over and over. Village Center Zoning can be difficult to define. However, at a minimum, your village center zoning should include the following: Zero lot line or reduced setback requirements Village center zoning should require new construction to respect the traditional smaller setbacks. Parking Lot Requirements Village Center Zoning should strongly discourage any off street parking in the front of a building. Village center parking is best located in municipal parking lots and through on street parking. Municipal Parking Mixed use development Residential Office Retail Village Center Zoning should encourage mixed-use developments and additional stories. If your village center zoning doesn t include the criteria above, consider changing the bylaw to better preserve the unique character of your village center. 5/6/2003 Preservation through Bylaws and Ordinances Page 37

Cape Cod Commission The Cape Cod Commission, the regional planning agency for communities on Cape Cod, prepared a model bylaw for Village Center Zoning. It can be used as an overlay district or as a separate zoning district. Communities in Massachusetts with Village Center Zoning: Acton Amesbury Amherst Andover Arlington Barnstable Berlin Blackstone Bourne Boxborough Brewster Brookfield Cambridge Carlisle Carver Clinton Cohasset Concord Dennis East Bridgewater Edgartown Fairhaven Framingham Great Barrington Groveland Holliston Hudson Lancaster Lee Leyden Maynard Millville Monson Nantucket Natick Needham Norfolk Northampton Orleans Otis Plymouth Royalston Sharon Sheffield Southborough Sterling Sudbury Walpole Wareham Wellesley West Brookfield Westborough Westfield Weymouth Wilbraham Williamstown Woburn Acton The town of Acton has village center zoning for its four village centers. One goal of the zoning is to make sure that a residential presence remains in the villages. Amesbury The town of Amesbury has village center zoning includes zero front line setbacks and a waiver from all parking requirements if the site is located within 500 feet of a municipal parking lot. Amherst The town of Amherst was one of the first to create village center zoning. Andover The town of Andover has village center zoning for its three villages. Special provisions, in these districts, include zero lot lines. Blackstone The town of Blackstone uses an incentive point system to assess proposed development in the village center. Bourne When the town of Bourne improved their zoning in the village centers, they did so by reducing dimensional requirements, allowing curb parking to count toward the parking requirements, instituting additional sign regulations and requiring a special permit for any business over 1600 square feet. Concord 5/6/2003 Preservation through Bylaws and Ordinances Page 38

The town of Concord has a residential/business district which allows mixed use development appropriate in a village center. Fairhaven Fairhaven created a mixed use zoning district which also reduced parking requirements. Framingham Framingham created a Neighborhood Business District to keep small businesses close to the neighborhoods. Georgetown In 1997, Georgetown reduced their frontage and setback requirements in their village center. Norfolk The town of Norfolk created a new zoning district to encourage the development of a traditional New England village center. The bylaw considers such things as pedestrian access, building scale and architectural features and shared parking facilities. The changes were based on a Master Plan. North Andover North Andover requires parking at the rear or on the side of buildings and emphasizes landscaping/screening of parking. Oak Bluffs The town of Oak Bluffs created the Ocean Park Overlay District to preserve the center of their Victorian town. Demolition and major alterations to buildings are regulated and strongly discouraged. Orange Orange eliminated all parking requirements in their downtown. Orleans Within the Village Center District in Orleans certain uses are not allowed such as drive throughs, auto service stations or side yard parking. The maximum setback for buildings is 25 feet and this is to be used only for landscaping or pedestrian areas. The Orleans bylaw encourages compact development and small scale buildings. An interesting feature of this bylaw is that facade transparency is required along major pedestrian ways. Plymouth The need for concentrating development in the village centers was a conclusion of the Master Plan for the town of Plymouth. Changes to the zoning were then implemented. Royalston The town of Royalston has a special zoning district for its village center, which is also a designated local historic district. Weymouth The town of Weymouth has a Neighborhood Center District which is designed to preserve the mixed use area and to provide services close by for the residents. 5/6/2003 Preservation through Bylaws and Ordinances Page 39

Downtown Revitalization Zoning What is Downtown Revitalization Zoning? Downtown Revitalization Zoning is simply zoning that encourages uses, building types and transportation modes compatible for a downtown environment. Downtown zoning should encourage compact development, off site parking, mixed uses, pedestrian movement as well as many other things. If your downtown needs increased economic activity, consider a review of its zoning. Is the zoning encouraging businesses to locate there? If not, consider some of the ideas listed below. These techniques are no guarantee of success. They must be part of a coordinated effort to bring new business to your downtown but they can certainly help. Fitchburg In the central business district, the city of Fitchburg requires no setbacks, allows small frontages, waives parking requirements and allows mixed uses. All of these items help to preserve their historic downtown. Lowell In 1998, the city of Lowell created an Artist Overlay District. The ordinance seeks to encourage economic development, building rehabilitation and central business district activity by allowing artist live/work spaces throughout downtown Lowell. Without the overlay district, the zoning would not permit residential uses, but with the overlay district, artists can obtain a special permit from the Zoning Board of Appeals, allowing them to work and live in the studio spaces. Marlborough Revitalization and the relaxing of parking requirements are coordinated with the local historic district commission. Newburyport - Waterfront Zoning District This ordinance was created with the objective of enhancing the downtown waterfront area as the civic and cultural center of the city. The ordinance seeks to require mixed use development compatible in a waterfront downtown area and also to protect public access and views of the water. The ordinance requires site plan review and allows a density bonus for residential uses when public access is provided. Northampton The city of Northampton has requirements that buildings in the downtown be located at the street and that they have a second floor. Taunton The city of Taunton changed their zoning to allow residential uses, by special permit, on the upper, vacant floors of buildings located in their central business district. Worcester The city of Worcester created a Flexible Parking Overlay District to encourage new uses in their downtown. 5/6/2003 Preservation through Bylaws and Ordinances Page 40

Local Option Property Tax Assessment What is the Local Option Property Tax Assessment? In 1996, the State Legislature passed legislation which allows cities and towns to adopt an ordinance or bylaw known as the Local Option Property Tax Assessment. The purpose of this bylaw is to provide a tax savings to historic property homeowners that rehabilitate their property according to appropriate historic standards. With this bylaw, the increased property taxes that result from a rehabilitation can be phased in over a period of five years. It is hoped that this bylaw will stimulate additional homeowners to restore their property. Communities in Massachusetts with LOPTA: Bedford Foxborough Chelmsford Ludlow Wellfleet 5/6/2003 Preservation through Bylaws and Ordinances Page 41

Neighborhood Conservation Districts What is a Neighborhood Conservation District? A Neighborhood Conservation District is an effective method for maintaining the scale and character of established, older neighborhoods. The review requirements of a Neighborhood Conservation District are more flexible than for a Local Historic District. For instance, review authority in a Neighborhood Conservation District could be limited to major construction projects or demolition. Other minor changes such as small additions, vinyl siding or window replacement could be reviewed but in an advisory capacity. Neighborhood Conservation Districts can be administered by a Historical Commission, Planning Board, Historic District Commission or a special Neighborhood Conservation District. It is preferable to include some residents of the District on the Commission. Neighborhood Conservation Districts are effective at maintaining overall neighborhood character but they are not as effective at preservation as Local Historic Districts. This is because the incremental changes allowed in a Neighborhood Conservation District can impact the integrity of an area. Nevertheless, if a Local Historic District is not practical, Neighborhood Conservation Districts are a recommended alternative. Cambridge Although used in other states, the city of Cambridge is the only community in Massachusetts that has established Neighborhood Conservation Districts. However, the success of this preservation tool in Cambridge suggests that many other communities may want to explore this option for their neighborhoods. The Mid Cambridge Neighborhood Conservation District contains approximately 2,000 buildings. Interest in Neighborhood Conservation Districts is growing. Perhaps this technique is right for your community. For additional information, visit http://www.ci.cambridge.ma.us/~historic/districts.html 5/6/2003 Preservation through Bylaws and Ordinances Page 42

Scenic Road Bylaw What is a Scenic Road Bylaw? Communities throughout the state are concerned that far too often our rural, country roads are disappearing by road construction projects that widen and straighten for faster speed and additional capacity. A scenic roads bylaw is an effective tool to provide a public forum for preserving the rural or historic character of local roads throughout the commonwealth. With a scenic roads designation, a public hearing by the planning board is required prior to repair, maintenance, reconstruction, or paving work when it would involve the removal or cutting of trees, or the tearing down or destruction of stone walls. A scenic roads bylaw provides no review authority for actions not directly impacting the road itself. Nor does a scenic roads bylaw provide for any review authority when the trees or stonewalls are on private property. It only covers trees and stonewalls within the public right of way. However, since the public right of way is often wider than the roadway itself, a scenic road bylaw can help protect these unique resources. Generally, all roads in the state of Massachusetts are either owned and maintained by the Commonwealth or owned and maintained by the local municipality. Interstate highways and most, although not all, state numbered routes are maintained by the Commonwealth through the Massachusetts Highway Department. State numbered routes owned and maintained by the Commonwealth cannot be designated as scenic roads by the town unless the state numbered route is entirely within the boundaries of the town and is not owned and maintained by the Commonwealth. Other public roads in your town are maintained by your local department of public works and may be designated as scenic roads. Designating a state roadway as a scenic road can only be done through the state legislature as was done on Route 6A on Cape Cod. Deciding which roads are scenic roads is entirely up to the town so long as they are not state numbered routes or state highways. The law has no criteria for what constitutes scenic. Some communities have designated all locally owned and maintained roads as scenic roads. This option may work for your community or you may want to review all of the roads in your town as part of a plan. The public right of way often extends beyond the roadway paved surface. Stonewalls and trees outside of the public right of way are not impacted by a scenic d Public Right of Way Roadway paved surface A scenic road bylaw helps to protect the trees and stonewalls only within the public right of way 5/6/2003 Preservation through Bylaws and Ordinances Page 43

Communities in Massachusettswith a Scenic Roads Bylaw: Acton Amherst Arlington Ashburnham Ashland Auburn Barnstable Becket Bedford Belchertown Bellingham Belmont Berlin Billerica Bolton Bourne Boxborough Boxford Brewster Brimfield Brookfield Canton Carlisle Charlton Chatham Chelmsford Dalton Dartmouth Dennis Douglas Dover Dunstable Duxbury E. Bridgewater Easton Edgartown Falmouth Fitchburg Foxborough Framingham Franklin Grafton Groton Hamilton Hanover Harvard Hingham Holliston Hopkinton Hubbardston Hudson Ipswich Kingston Lancaster Lee Leyden Leverett Lincoln Littleton Lunenburg Mansfield Marlborough Marshfield Medfield Mendon Millbury Millis Milton Natick Needham Newburyport Newton Norfolk Northborough Northfield Norton Orleans Peabody Pepperell Petersham Phillipston Plainville Reading Rehoboth Richmond Royalston Sandwich Scituate Sharon Sherborn Shirley South Hadley Southborough Southwick Sterling Stockbridge Sudbury Sutton Topsfield Uxbridge Walpole Wareham Wayland Webster Wellesley Wendell West Newbury Westford Weston Westwood Wilbraham Williamstown Worthington Yarmouth Without a scenic roads bylaw, quiet, rural roads with trees and stonewalls can be completely destroyed. 5/6/2003 Preservation through Bylaws and Ordinances Page 44

Arlington The town of Arlington found that design standards could be relaxed with the designation of a road as a scenic road. Barnstable In the town of Barnstable, review is coordinated with the Tree Warden, Department of Public Works, Planning Board and Historical Commission. The town has used this to promote road improvements which are more consistent with rural character. Berlin In the town of Berlin, all local roads, except numbered routes, were designated scenic roads in 1974. Dartmouth The town of Dartmouth is one community that has implemented non-criminal disposition in order to enforce the bylaw when trees are removed without permission. Dover The town of Dover has 27 designated scenic roads. Duxbury The town of Duxbury, by vote of town meeting, designates all private roads which are converted to a town roads, as scenic roads. Fitchburg The city of Fitchburg has 5 designated scenic roads. In one case, the ordinance helped to protect the destruction of many trees along the roadway. Instead of 7 separate driveway entrances off the roadway, the subdivision plan was modified so that all the houses would be served by a common driveway. Hopkinton In order to strengthen their scenic road bylaw, the town of Hopkinton has instituted non-criminal disposition, which will allow the town to issue citations when property owners cut down trees that are actually in the public right of way. The town also created a tree planting account. This is used when developers are required to replicate cut trees but the site conditions don t allow replication to occur at the same location. With the account, funds can be used by the tree warden for planting trees in other locations. Royalston All the town roads in Royalston that are not numbered routes are designated scenic roads. Sandwich In the town of Sandwich, the review is coordinated with the Tree Warden, DPW, Planning Board and Historical Commission. Southborough In the town of Southborough, all non-state numbered routes are designated as scenic roads Wayland In Wayland, the Planning Board uses scenic road standards to review projects. 5/6/2003 Preservation through Bylaws and Ordinances Page 45

Sustainable Transportation Bylaws What are sustainable transportation bylaws? The one thing that can be credited with destroying community character more than anything else in this country would have to be the automobile. Due to the automobile and highway construction, thousands of buildings have been demolished, countless acres of open space and farmland have succumbed to suburban sprawl and once vibrant historic neighborhoods are now overrun with traffic and congestion. Some communities have recognized the impact of the automobile on their quality of life and are looking at alternatives. One method is to require development, facilities and infrastructure that will encourage people to walk, bicycle or take mass transit to their destination. Amesbury The town of Amesbury requires linkages to any existing or proposed bike paths and has requirements for bicycle parking facilities. Ashland The town of Ashland has a Rail Transit District adjacent to the commuter rail station. According to the zoning bylaw, the purpose of the district is to promote a neotraditional transit-oriented private and public development initiative which departs from the standard low-density, auto oriented suburban residential growth of the past. Cambridge The city of Cambridge requires bicycle parking spaces for multi-family and commercial development. Watertown The city of Watertown requires bicycle parking facilities for new commercial development. In addition, the Watertown Bicycle Committee participates in site plan review. Communities in Massachusetts with Sustainable Transportation Bylaws: Amesbury Amherst Ashland Belmont Braintree Brewster Brookline Cambridge Easthampton Falmouth Holliston Mashpee Needham Newton Norfolk Northampton Norwood Orleans Sudbury Watertown West Tisbury 5/6/2003 Preservation through Bylaws and Ordinances Page 46

Corridor Protection Bylaws Corridor protection bylaws offer another method of protecting a transportation corridor from inappropriate development. These are often done as an overlay district. Boston The city of Boston implemented a Greenbelt Protection Overlay District for a number of parkways in the city. The ordinance seeks to protect the natural scenic resources of these areas and to protect these roadways from excessive traffic congestion. Proposed development projects along these roadways are subject to additional site plan review procedures and must preserve the landscape features along the roadway. Brewster The town of Brewster created a Corridor Overlay District for the preservation of the town s transportation corridors and protection of its historic and cultural assets. In addition to increased regulations over site design, the corridor overlay district can be used to relax existing parking lot regulations if this would better protect the town s historic and rural character. Brewster also has a Water Protection Overlay District, as do many towns on Cape Cod. Falmouth - Wildlife Corridors This bylaw was created to protect...corridors and special areas for the feeding, breeding and normal home range movement of wildlife through the defined habitat areas. Greenfield The town of Greenfield created a Corridor Overlay District on the French King Highway, a gateway into the center of Greenfield. The bylaw prohibits certain uses such as gas stations and drive thru restaurants. Also included are architectural and signage guidelines for new construction. Common driveways are required for commercial property as are landscape buffers. An interesting aspect of this bylaw is that the steep terrain adjacent to the Connecticut River must be protected. Lee - Commercial Business Corridor District This bylaw was created to preserve the architectural character of the gateway to the town of Lee. Leverett - Rattlesnake Gutter Road Overlay District This bylaw was created to protect the natural, geological and historic character of the area. Structures are not permitted within 500 feet of the road and vegetation cannot be removed within 250 feet of the road except under certain conditions. Lunenberg The town of Lunenberg created a Route 2A Overlay District to better manage growth along this roadway corridor. Millbury The town of Millbury created a Highway Corridor Overlay District. Sudbury - Public Way Access Permit 5/6/2003 Preservation through Bylaws and Ordinances Page 47

This bylaw is used in Sudbury when a large development will impact roads that are maintained by the town. Under the bylaw, the Planning Board can deny the issuance of a public way access permit or impose conditions on the applicant to improve the project. 5/6/2003 Preservation through Bylaws and Ordinances Page 48