The proposal contains two section which are for more innocuous than the other zoning provisions previous discussed. These deal with amendments on housing size and form based code. These two changes are recommendations for changes to Section 3.
2) Ability to regulate maximum interior floor area
The beginning of the second paragraph of Section 3 of Chapter 40A is modified as follows:
No zoning ordinance or by-law shall regulate or restrict the minimum interior area of a single family residential building . . .
This change is supposed to provide communities the ability to regulate "mcmansions." While it will provide some of that protection, it has other shortcomings. If we are looking for housing diversity, communities need some level of ability to ensure that houses of various sizes are created. A healthy community will need studio, one, two and three bedroom units for instance. The proposal, as with the current statute, does not give communities any real ability to influence the choice of housing types being constructed. While I am not sure if there is a good solution, the proposal is not the answer. Perhaps simply removing the existing reference in Section 3 altogether and ensure that in the Comprehensive Plan Guidelines, there are provisions that require communities to ensure housing availability to all family sizes.
3) Form-based zoning
Add the following to the end of Section 3 of Chapter 40A:
The text and diagrams in a zoning ordinance or by-law that address the location and extent of land uses, may also express community intentions regarding urban form and design. These expressions may differentiate neighborhoods, districts, and corridors, provide for a mixture of land uses and housing types within each, and provide specific measures for regulating relationships between buildings, and between buildings and outdoor public areas, including streets.[1]
"Form-Based Code" is all the rage. It has become the second biggest buzz-word of the day behind "Smart Growth" and probably just ahead of "New Urbanism". Communities are currently adopting Form-Based Codes, there is no prohibition on such zoning. Calling out this specific type of zoning code is as unwarranted as specifying "Euclidean Zoning." Calling it out may even make some courts consider that Form Based Zoning is the only proper method of zoning, rendering old practices, and any new initiatives as illegal.
In addition, as an allowed tool, why would this be placed into Section 3 which has come to be known as the section which restricts what zoning can regulate.
[1] Adapted from California enabling act for form-based zoning.
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