How is Zoning Adopted?

The framework for enacting an amendment to the Zoning Bylaw is set forth in Chapter 40A § 5 of the Massachusetts General Laws.

Types of Zoning Amendments

Map Change: An alteration to the boundaries of a zoning district, or a change in the zoning designation of a particular district (for instance, from a Business district to a Residence district), resulting in a change to the Zoning Map.

Text Change: An alteration to the language within one or more sections of the Zoning Bylaw, modifying the regulations that apply within one or more zoning districts.

Zoning Amendment Process

The Arlington Town Meeting is the only entity that may amend the Zoning Bylaw or the Zoning Map. Although Annual Town Meeting begins on the last Monday of April of each year, the statutory process begins much earlier, at the end of the prior year. The Select Board will open the Town Meeting Warrant for submissions in December and it remains open until late January. A Special Town Meeting might also be called by the Select Board and occur at any time during the calendar year. Zoning Warrant Articles may also be filed and heard at a Special Town Meeting.

Zoning Article Submission:

To initiate a zoning change, a zoning article must be filed with the Office of the Select Board prior to the closing of the Town Meeting Warrant. There are six ways a zoning change may be initiated:

1. Land Owner Petition: One or more property owners petition for a zoning change affecting their property.
2. Citizen Petition: A group of at least ten registered Arlington voters petition for a zoning change.
3. Redevelopment Board Petition: The Arlington Redevelopment Board proposes a zoning change.
4. Board of Appeals Petition: The Arlington Zoning Board of Appeals proposes a zoning change.
5. Select Board Petition: The Select Board proposes a zoning change.
6. Regional Planning Agency Petition: The regional planning agency, the Metropolitan Area Planning Council, proposes a zoning change.

After a zoning article has been filed with the Office of Select Board, it is reviewed by Town Counsel and the Director of Planning and Community Development and placed on the warrant for Annual Town Meeting. The Select Board can also call a Special Town Meeting if there is a pressing need to act prior to Annual Town Meeting.

When a petition for a map change is filed, such petition shall show that copies of the petition have been sent by registered or certified mail to all abutters of the land reference to in the petition.

Once the Town Meeting Warrant closes, the Select Board may refer any zoning matters for consideration to the Arlington Redevelopment Board, acting in its Planning Board capacity.

Public Hearings:

The Redevelopment Board schedules and then advertises and publishes public hearing notices to take place within 65 days of the date on which the zoning article is referred by the Select Board.

Redevelopment Board Recommendation:

After hearing testimony from the Petitioner and the public, the Redevelopment Board discusses the proposed zoning change. The Board may then decide to submit a recommendation to Town Meeting. The recommendation may support adoption or rejection of the proposed zoning change, and may include suggestions for changes or further study. The recommendations and actions are outlined in the Board’s Report to Town Meeting, which is typically filed prior to the start of Town Meeting.

Town Meeting Action:

Town Meeting may take action on the proposed zoning amendment after Town Meeting receives the Redevelopment Board report, or if no recommendation has been received, 21 days have elapsed since the Redevelopment Board held its public hearing.

Final Action:

The final outcome of a zoning petition may include one of the following:

1. Adoption/Ordination: Town Meeting votes to adopt the zoning article, possibly with amendments, and the proposed zoning change is incorporated into the Zoning Bylaw or Zoning Map.
2. Failure: On a vote of Town Meeting, the article fails to receive the necessary votes to adopt the petition. In this case, the same article may not be re-filed until two years after the vote.
3. No Action: Town Meeting may choose to take no action on an article. It may then be refiled as a new article, in which case the process would begin again with referral to the Redevelopment Board following submittal to an open Town Meeting Warrant.

Simple Majority or Supermajority Vote?:

In most cases, a Zoning Bylaw or a Zoning Map amendment still requires a supermajority (two-thirds) vote of Town Meeting Members to be adopted. However, Chapter 40A was amended by Chapter 358 of the Acts of 2020 which reduced the voting threshold to a simple majority for the following:

• An amendment to a zoning bylaw to allow any of the following as of right: (a) multifamily housing or mixed-use development in an eligible location; (b) accessory dwelling units, whether within the principal dwelling or a detached structure on the same lot; or (c) open space residential development.
• An amendment to a zoning bylaw to allow by special permit: multifamily housing or mixed-use development in an eligible location; (b) an increase in the permissible density of population or intensity of a particular use in a proposed multi-family or mixed use development; (c) accessory dwelling units in a detached structure on the same lot; or (d) a diminution in the amount of parking required for residential or mixed-use development.
• An amendment to a zoning bylaw that: (a) provide for transfer of development rights zoning or natural resource protection zoning in instances where the adoption of such zoning promotes concentration of development in areas that the municipality deems most appropriate for such development, but will not result in a diminution in the maximum number of housing units that could be developed within the municipality; or (b) modify regulations concerning the bulk and height of structures, yard sizes, lot area, setbacks, open space, parking and building coverage requirements to allow for additional housing units beyond what would otherwise be permitted under the existing zoning bylaw.
• The adoption of a smart growth zoning district or starter home zoning district in accordance with section 3 of chapter 40R.

Attorney General Review and Effective Date

For Towns, the Massachusetts Attorney General must review and approve any zoning changes prior to the bylaw or map being effective. If approval is received by the Attorney General, the zoning change is effective dating to when the public hearing was first advertised, unless some other date is identified in the zoning change.