SENATE DOCKET, NO. 1773        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 81

The Commonwealth of Massachusetts

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PRESENTED BY:

Brendan P. Crighton

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regarding municipal form-based zoning codes.

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PETITION OF:

SENATE DOCKET, NO. 1773        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 81

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act regarding municipal form-based zoning codes.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 1A of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting the following definition:-

“Form-based zoning”, means text and graphics in a zoning ordinance or by-law that specify the built form of the community, general intensity of use, and the relationship between buildings and the outdoor public spaces they shape.

SECTION 2.  Said section 6 of said Chapter 40A, as so appearing, is hereby amended by adding a new last paragraph:

Notwithstanding any provision of any general or special law, form-based zoning may regulate building type, exterior building materials, minimum and maximum building heights, frontage type, build-to lines, street type, street and streetscape design, public open spaces, and any other parameter of the built or natural environment which gives form to the exterior of buildings and the spaces between them. Form-based zoning may combine in a single document standards for new subdivision streets, existing and new public streets and sidewalks, and use and dimensional standards. Such combined standards may be in the form of a “regulating plan” that integrates building, dimensional, use, street, sidewalk, and parking requirements. Form-based zoning may also specify lot-by-lot in a detailed regulating plan, building forms and allowed use mixes, even if such specification is not uniform throughout a zoning district, provided that it is based upon a plan for the area subject to the code. Form-based zoning may specify prescribed future lot division lines which will be allowed as of right in any future division of land.