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HomeMy WebLinkAboutMemo Update on List of Priority Zoning Amendments1 Town of Barnstable Planning & Development Department https://barnstable.gov/Departments/planninganddevelopment/ TO: Town Council Zoning and Regulatory Committee FROM: James Kupfer, AICP, Director of Planning & Development DATE: Thursday, July 30, 2026 RE: Update List of Priority Topics for Zoning and Regulatory Committee Consideration Below is a list of priority zoning amendments as discussed by the Town Council Zoning and Regulatory Committee for discussion at the upcoming meeting to be held Thursday, July 30th. The first (7) zoning amendments were identified as a top priority by multiple committee members. Additional amendments in accordance with State regulations and updates to the Zoning Act Massachusetts General Law 40A have been captured as well. The remaining amendments were stated, but only once. Top Priority Zoning Amendments 1. Explore amendments to the Town’s commercial vehicle ordinance (Town Council) This priority was identified by Town Council with an objective to implement restrictions related to the parking of commercial vehicles in residential neighborhoods. (Note: this amendment has been formally referred to the Committee by the Town Council). Status: The Committee has requested this item to be held until the conclusion of the Home Occupation ordinance discussion. 2. Explore amendments to the Town’s home occupation ordinance (Town Council) This priority was identified by Town Council with an objective of limiting commercial activity in residential neighborhoods. (Note: this amendment has been formally referred to the Committee by the Town Council). Status: Staff have developed two draft versions of an amended home occupation ordinance which have been provided with the meeting materials for this meeting. The drafts were developed to reflect both feedback received at previous subcommittee meetings, and additional input from members in reaction to meeting with town staff. The first draft ordinance is a response to the comments received by the subcommittee and includes an additional requirement of site plan approval for home occupations that meet certain characteristics. This is intended to allow for a more robust staff review of relevant applications to determine if Special Permit approval is required. 2 The second draft ordinance was developed in response to some members expressing that Site Plan Review approval may not be required or appropriate for these applications. In this version applicants would instead be required to submit additional materials at application in writing to effectuate a detailed review by staff. Both versions include the same clarifying and housekeeping edits, such as introducing new definitions and establishing the requirement of a home occupation license for improved monitoring. 3. Review of all of the Town’s zoning districts related to signage regulations (Zoning Board of Appeals) This priority was identified by the Zoning Board of Appeals with an objective to review each of the Town’s zoning regulations related to signage to analyze existing dimensional requirements and other standards to develop suggested amendments. Status: Staff from Planning & Development and the Building Division continue to meet to review the Town’s current signage regulations. To date, staff have discussed the following goals to enhance user interpretation and enforcement of the Town’s signage regulations: ▪ Modify the current regulations to develop a consolidated document eliminating redundant text ▪ Modify the current regulations with modern language ▪ Modify the current regulations to remove historically problematic text ▪ Explore opportunities to restructure the regulations by broader use categories as opposed to individual zoning districts ▪ Incorporate visual graphics for signage types and signage area calculations As a next step, staff will coordinate a redline of the current zoning ordinance with suggestions for restructuring the regulations based upon broader use categories. 4. Create short-term rentals ordinance (Town Council) This priority was identified by Town Council with an objective to establish a definition for a short-term rental with restrictions related to minimum duration of rental, parking requirements, registration process, occupancy requirements, etc. Status: A Memorandum related to short-term rental regulations is enclosed with the meeting materials for this meeting. The Memorandum summarizes short-term rental regulations from the region and beyond to provide insight for the various components that different communities have prioritized. In order to offer additional guidance on this topic and to begin to develop draft regulations, town staff are looking for guidance from this committee as to which aspects of potential regulations staff should focus on. 3 5. Explore amendments to the Town’s Downtown Hyannis Zoning Districts (Town Council) This priority was identified during the Downtown Hyannis zoning amendment process. This could include amending the Downtown Neighborhood (DN) zoning district to modify the building height definition and height limitation in accordance with recent changes to the Downtown Main Street (DMS) and Downtown Village (DV) zoning districts. In addition, the process resulted in other suggested amendments being considered such as setbacks or other map amendments. Status: Three zoning amendments, listed below, will be discussed at the upcoming Planning Board meeting to be held Monday, August 10th. 2027-007: To revise the definition of building height for the Downtown Hyannis Zoning Districts and to create building height standards for the Downtown Neighborhood Zoning District 2027-008: To revise primary and secondary front setback requirements in the Downtown Main Street and Downtown Village Zoning Districts 2027-009: To amend the zoning map to revise the boundaries of the Downtown Main Street and Downtown Neighborhood Zoning Districts 6. Create an accessory structures ordinance (Zoning Board of Appeals) This priority was identified by Zoning Board of Appeals with an objective to establish a definition for what an accessory structure is, and to establish requirements including setbacks, lot coverage, and maximum height related to the size and type of accessory structure. Status: No update at this time. Staff will proceed with draft language when the Committee requests this issue as the next priority to proceed with. 7. Amend the Town’s zoning to light commercial along West Main Street with emphasis for integration of traffic mitigation measures and village center oriented design and scale. Consider prohibiting multi-family development of greater than 12 units along West Main Street and the Route 28 corridor as shown on the Future Land Use Map. (Local Comprehensive Plan) This priority has been identified within the Town’s Local Comprehensive Plan with an objective of reviewing zoning along West Main Street and the Route 28 corridor with regard to allowed uses, design regulations and for incorporation of traffic mitigation measures. Status: No update at this time. Staff will proceed with draft language when the Committee requests this issue as the next priority to proceed with. 4 Zoning Amendments In Accordance with State Regulations and Updates to the Zoning Act Massachusetts General Law 40A Review the ground-mounted solar photovoltaic overlay district and battery energy storage systems for compliance with the State’s Clean Energy Siting & Permitting Regulations mandate This priority has been identified by Planning & Development staff for compliance with State regulations. Status: Planning & Development staff have reviewed the State regulations related to Small Energy Infrastructure Facility Siting and Permitting as well as the model bylaws for Solar Photovoltaic Installations and Battery Energy Storage Systems (BESS). Planning & Development staff are currently coordinating with Legal to develop a redline with applicable edits to the Town’s Ground-Mounted Solar Photovoltaic Overlay District. Massachusetts General Law Chapter 40A (the Zoning Act) Amendments On July 9, 2026, the Governor Healey signed the FY 2027 budget, House Bill No. 5555 (“Budget Billl”), which makes several significant changes to Massachusetts General Law (Chapter 40A), the Zoning Act, including but not limited to amendments to notice requirements to allow electronic mail in lieu of certified mail, extension or alteration by right for pre-existing nonconforming structures or residential uses, expansion of protection from subsequent zoning changes, increase to the duration of a zoning freeze, easing of variance standards and increase to maximum periods for variance duration and extensions. Status: Planning & Development staff are currently working on applicable amendments to the Town’s zoning ordinance in collaboration with Legal. As a next step, staff will provide a redline for each section of the Town’s zoning ordinance that requires updates to comply with the recent amendments to MGL 40A. In addition, the Economic Bond Bill has further amendments proposed. Staff will continue to monitor and provide updates as they are available. Additional Zoning Amendments (not currently prioritized by the committee at this time) Review of all of the Town’s zoning districts related to illumination and lighting standards in both commercial and residential districts (Planning Board) This priority was identified by the Planning Board with an objective to review the Town’s zoning regulations related to illumination and lighting standards to analyze existing specifications and develop suggested amendments. 5 Strengthen the inclusionary affordable housing ordinance (Local Comprehensive Plan/Town Council) This priority has been identified within the Town’s Local Comprehensive Plan, the Town’s Housing Production Plan and was also recommended by two of Town Council SubCommittees: the SubCommittee to Review and Assess Zoning and Review the Town’s Use of Regulatory Agreements and the SubCommittee to Assess and Recommend Strategies for Housing Creation within the Town. The objective of this priority is to better understand how potential amendments to the Town’s inclusionary affordable housing ordinance would impact the feasibility of new development based upon real market conditions. Explore zoning map amendment for parcels north of Rt 132 at Phinney's Lane (Town Council) This priority has been identified to explore opportunities to amend the zoning for several parcels that front Route 132 at Phinney’s Lane. Explore designation as a Seasonal Community (State of Massachusetts) The Seasonal Communities designation was created as part of the Affordable Homes Act, signed into law by Governor Maura Healey on Aug. 6, 2024. The objective of the Seasonal Communities designation is to recognize Massachusetts communities that experience substantial variation in seasonal employment and to create distinctive tools to address their unique housing needs. This priority involves reviewing the criteria to become a designated Seasonal Community as well as corresponding efforts including a new zoning ordinance in order to become eligible for this designation. This item shall be reviewed by Town Council prior to coming to this committee. Explore amendments to the Town’s recreational and medical marijuana ordinance (Town Council) This priority was identified by Town Council in response to a Citizen’s Petition. The objective is to explore options for allowing recreational retail and to examine updating the Town’s existing recreational and medical marijuana ordinances. Accessory Affordable Apartment (AAP) ordinance (Zoning Board of Appeals) Review the Accessory Affordable Apartment (AAP) ordinance to incentivize the program which requires affordable restriction limiting tenant/household income and rent in support of affordable housing. Review definitions defined within the Town’s zoning districts (Planning & Development) This priority has been identified by Planning & Development staff with an objective to review definitions within the Town’s zoning to increase efficiency of review and amend any antiquated definitions as applicable. 6 Review of all of the Town’s zoning districts for modernization of uses (Town Council) This priority was identified by Town Council with an objective to review the Town’s zoning as a whole to identify antiquated uses for modernization (i.e. the current inclusion of blacksmith, confectioner, shoe shiner, etc.). Further refine the Town’s Land Use Control for Flow Neutral Wastewater Management (Town Council) This priority was identified by Town Council with an objective to amend General Ordinances, Chapter 184 Sewers and Water to further refine the recently added Article V for establishing a Land Use Control for Flow Neutral Wastewater Management.