FROED One Government Center Fall River, MA 02722-7700 Tel 508-324-2620 Fax 508-677-2840 info@froed.org		REVISIONS ALMOST COMPLETE Officials working to refresh city's zoning regulations The Herald News, Saturday, October 17, 2009 - Page A1 FALL RIVER - For the first time since the city established its zoning ordinance laws in 1927, the modernized revision compiled under the draft master plan includes a table showing 75 separate land uses within 19 separate types of zoning districts. Briefly unveiled during Wednesday’s master plan public hearing, the five-page table — in a form used by most communities — shows whether uses are allowed by right, by special permit or are not permitted. For instance, two-family dwellings are allowed in all four multi-family districts, in two business districts and by special permit in a third business zone. The table clearly shows where religious or educational buildings can be built with special permits in the local business zone, all multi-family zones and three of the four single-family zones. The only reference to adult entertainment on the table is that it is not permitted within the arts overlay district created last year. While the zoning ordinance has been updated and clarified in many areas, Planning Director James K. Hartnett said, “We’re keeping adult entertainment regulations we have the same way. The zoning we have in place remains.” That means it continues to be regulated under entertainment and alcohol provisions requiring special permits in designated areas and with a license in both instances granted by the Licensing Board. Hartnett and Brian Barber, lead consultant and proprietor of Community Preservation Associates, noted a range of improvements under the zoning ordinance they hope will gain adoption within the next six months. They said that since the current master plan was adopted in 1992-93, the need to revise zoning regulations has been recognized. Four lawyers — two from city government and two from the consultants — joined Barber, Hartnett and Chief Building Inspector Joseph Biszko at about a dozen meetings drafting the new codes, Hartnett said. The city lawyers were the current and former chairmen of the Zoning Board of Appeals, David Assad and Arthur DeAscentis. The Master Plan Steering Committee also had a subcommittee work with those officials to improve the antiquated laws. “A lot of stuff was based on how predecessors did it and kept in place,” said Biszko, whose department is charged with enforcing those zoning laws. Even dimensional requirements for garages and sheds were ambiguous — which would change with minimum sizes and setbacks defined. When a citizen or developer would say, “Show me exactly where it says that,” Biszko said he’d often be hard-pressed to show them in writing. Sometimes, that would be a problem in court, he said. Hartnett said the existing zoning districts have not changed. The presentation of them is improved, and out-of-date terminology changed and revised. Certain business districts were combined for simplicity. He said their group worked many hours on the revisions and took their models from Lowell, Worcester, New Bedford, Gloucester and Clinton. “We’re near completion of the process,” Hartnett said of the revisions that will be submitted to the City Council for the required review process of all zoning amendments. The master plan, having been presented at a 90-minute public hearing Wednesday night, began a 30-day comment period from that date. Hartnett said written comments should be submitted to his office on the fifth floor of Government Center. The full 126-page plan is available online through the city Web site and planning department links, or a hard copy from the office. The Planning Board, which holds the approval authority, set a tentative date to consider approval of the master plan on Nov. 19 at 5:30 p.m. Hartnett said that unless there is considerable public input to research and consider, he believes the plan could be voted upon that night. Hartnett, who co-chaired the Master Plan Steering Committee with Joe Marshall, was joined by five other committee members at this week’s meeting, including DeAscentis, city grant writer Jane DiBiosio, City Councilor and mayoral candidate Cathy Ann Viveiros, and two citizens, Al Lima representing Save Our Neighborhoods and Everett Castro representing Green Futures. The original committee had 20 members, while a core group of about a half-dozen stayed with the 2½-year process through the end, the chairmen had reported. Back