HomeMy Public PortalAbout2021-09-28 Transmittal_Zoning Amendments_First Reading_2021_0922Steve Magoon
Director
smagoon@watertown-ma.gov
TOWN OF WATERTOWN
Department of
Community Development and Planning
PLANNING OFFICE
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6417
Fax: 617-972-6484
www.watertown-ma.gov
To: Honorable Town Council
From: Steve Magoon, DCDP Director and Assistant Town Manager
Date: September 22, 2021
Subject: First Reading for Amendments to the Zoning Ordinance — Sale of Firearms and
Short Term Rentals
The Town Council has accepted committee reports for two proposed amendments to the
Zoning Ordinance with the suggestion that they be submitted to the full Town Council for a first
reading and referral to the Planning Board. The amendments include:
Text Amendments:
1. Sale of Firearms (June 23, 2021 Committee Report for July 13, 2021 Town Council
Meeting) as a Use Category with supporting language (separates the use from the more
general retail use category)
2. Short -Term Rentals (March 29, 2021 Committee Report for June 22, 2021 Town Council
Meeting) as a Use Category with supporting language (includes draft regulatory
language as well). At the request of Town Council, the Planning Board should consider
concerns, including:
a. Lessee as Operator, and; (allowing a renter to use their unit for short-term rentals with
the owner's permission)
b. Maximum Number of Guests (currently recommended to be based on building and
health code with a maximum)
I would respectfully request that these Text Amendments (see attachments) be placed on the
Honorable Town Council agenda for a first reading and referral to the Planning Board by the
Honorable Town Council.
Cc Michael J. Driscoll, Town Manager
Mark R. Reich, KP Law
Attachment 1- Firearms Zoning Amendment
Amendment 1: Article II Definitions - Add a new definition as follows with the renumbering of the
following Definition sections starting with Flood, base:
§2.27 Firearms business. A retail or wholesale operation involving the purchase or sale of firearms,
ammunition, and/or firearm accessories, including the repairing, altering, cleaning, polishing, engraving,
blueing or performing of any mechanical operation on any firearm.
Amendment 2: Article V Tables of District Regulations. Add a new row to § 5.01 Table of Use
Regulations as follows:
As a Principal
Use
5-6
5-10
CR
5C
T
R.75
R1.2
NB
LB
CB
I-1
I-2
1-3
PSCD
OSC
RMUD
3. Business, Office, and Consumer Service Uses
p. Firearms
N
N
SP (18) SP (18) SP (18) SP (18) SP (18) SP (18)
SP (18)
Amendment 3: Article V Tables of District Regulations. Add a new note to § 5.05 Notes to Table of Use
Regulations as follows:
(18) Firearms businesses are prohibited from siting within a radius of five hundred feet (500 ft.) both
between other like businesses and/or around pre-existing public or private schools providing education
in kindergarten or any of grades 1 through 12. Further, there shall be a 500 foot buffer from public
parks, playgrounds, and the Charles River Reservation, all as identified within the Watertown Open
Space Plan. The distance shall be measured in a straight line from the nearest point of the property line
of the proposed use to the nearest point of the property line of the pre-existing establishment or park.
Attachment 2 — Short-term Rental Proposed Zoning Amendments:
I. Article II — Insert a new Section alphabetically (after Section 2.74 Setback) to define
short-term rental for zoning regulation. Subsequent sections would be renumbered.
Proposed Language:
Section 2.75 Short -Term Rental
Any rental of a residential dwelling unit, or of a bedroom within a dwelling unit, in exchange for
payment, as residential accommodations for a duration of not more than thirty-one (31) consecutive
days.
II. Article V — Strike out Section 5.02(a) and replace with NEW Section 5.02(a) Short -Term
Rental. Add a note to reference the proposed Ordinance. This removes an unused
section and replaces it with an allowance for short-term rentals. This amendment does
not have a requirement for a Special Permit for any scenario, and only requires
registration and compliance with new regulations.
Proposed Language:
SECTION 5.02 TABLE OF ACCESSORY USE REGULATIONS
Accessory Use Only
S-6
S-10
CR
SC
T
R.75
R1.2
NB
LB
CB
1-1
1-2
1-3
PSCD
OSC
RMUD
a
SR
SR
SP
SR
SR
SR
SP
SP
SR
SR
N
SR
SP
N
N
N
a.
Short -Term Rental (191
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
III. Add a new note within SECTION 5.03 NOTES TO TABLE OF USE REGULATIONS,
referencing that Short -Term rentals are only allowed as specified in the new Short -Term
Rentals Section within the ordinance.
Proposed Language:
(19) Short-term rentals may be allowed as an accessory use within residential dwelling units in all
districts, as specified in Section 5.19.
IV. Add a new Section 5.19 with the zoning requirements for Short -Term Rentals, as
follows.
Proposed Language:
SECTION 5.19 SHORT-TERM RENTALS
(a) Intent and Purpose
This Section is intended to make the operation of short-term rentals legal for residents, protect the
safety of renters and residents, ensure that the primary use remains residential, and ensure that
short-term rentals will not be a detriment to the character and livability of the surrounding residential
neighborhood.
(b) Definitions
(1) Booking Agent: Any person or entity that facilitates reservations or collects payment for a
Short -Term Rental on behalf of or for an Operator.
(2) Short -Term Rental: Any rental of a residential dwelling unit, or of a bedroom within a
dwelling unit, in exchange for payment, as residential accommodations for a duration of not
more than thirty-one (31) consecutive days.
(3) Short -Term Renter: Any person or persons occupying a dwelling unit, or a bedroom within
a dwelling unit, as a short-term rental for a duration of not more than thirty-one (31)
consecutive days.
(4) Operator: The person or persons offering a dwelling unit or bedroom for short-term rental,
who may be either the owner or the primary leaseholder of the dwelling unit with the
written permission of the property owner and the condominium association if applicable.
(5) Operator - Limited Share Unit: consists of a private bedroom or shared space at the primary
residence of the Operator while the Operator is present with occupancy limited to three
bedrooms or six guests, whichever is fewer. One bedroom must be reserved for the
Operator.
(6) Operator - Home Share Unit: consists of a whole unit available for a short-term rental which
is the primary residence of the Operator with occupancy limited to five bedrooms or 10
guests, whichever is fewer.
(7) Operator - Owner Adjacent Unit: consists of one whole unit offered as a Short -Term Rental
by an Operator that is not the Operator's primary residence, but that is located within the
same residential building as the owner's primary residence and where all dwelling units in
the building are owned by the Operator. An Operator of an Owner -Adjacent Unit may only
register and use one Owner Adjacent Unit as a Short -Term Rental.
(c) Applicability
The requirements of this Section shall apply to all short-term rentals in all districts where
residential uses are located, but shall not apply to principal transient accommodations including
Hotels.
(d) Regulations
The Director of the Department of Community Development and Planning, or their designee, shall have the
authority to promulgate regulations to carry out and enforce the provisions of this Section.
(e) Requirements: Only operator -occupied short-term rentals and owner -adjacent short-term rentals
are permitted as follows:
(1) A short-term rental operator may make available:
a. Limited Share Unit: a private bedroom or shared space at the primary residence of
the Operator while the Operator is present with occupancy limited to three
bedrooms or six guests, whichever is fewer, but the number of rooms may not
exceed the lawful number of bedrooms in the unit. One bedroom must be reserved
for the Operator.
b. Home Share Unit: one whole unit available for a short-term rental which is the
primary residence of the Operator with occupancy limited to five bedrooms or 10
guests, whichever is fewer, but the number of rooms may not exceed the lawful
number of bedrooms in the unit.
c. Owner Adjacent Unit: one whole unit offered as a Short -Term Rental by an
Operator that is not the Operator's primary residence, but that is located within the
same residential building as the owner's primary residence and where all dwelling
units in the building are owned by the Operator. An Operator of an Owner -Adjacent
Unit may only register and use one Owner Adjacent Unit as a Short -Term Rental.
(2) A dwelling unit or bedroom offered for short-term rentals shall comply with all standards
and regulations promulgated by DCDP.
(3) All short-term rental operators shall register with the State and the Department of
Community Development and Planning (DCDP) prior to short-term rental use and
occupancy, showing conformance with regulations in place.
(4) A dwelling unit or bedroom offered for short-term rentals shall comply with building and
health code requirements for occupancy.
(5) Operators of short-term rentals shall remit to the appropriate body all fees and taxes as
required by the Town and/or State authorities.
(6) Short-term rental operators shall maintain liability insurance appropriate to cover the short-
term rental use.
(7) Renting for an hourly rate, or for rental durations of less than one day, shall not be
permitted.
(8) Commercial meetings and uses are prohibited in short-term rentals.
Attachment 3. Proposed Short -Term Rental Regulations:
Town of Watertown
Department of Community Development and Planning
149 Main Street
Watertown, MA 02472
SHORT TERM RENTAL REGULATIONS
These regulations are developed pursuant to the Watertown Zoning Ordinance, Section 5.19 Short -
Term Rentals, to carry out and provide enforcement requirements for operation of short-term rentals
within Watertown. The regulations are intended to provide clear guidance and requirements for
short-term rentals to be legal for residents, protect the safety of renters and residents, ensure that
the primary use remains residential, and ensure that short-term rentals will not be a detriment to the
character and livability of the surrounding residential neighborhoods.
The regulations shall be in effect at the time of passing of the Zoning Ordinance Amendment, with the
understanding that there will be a three-month initial timeframe for existing sites to become
compliant and properly permitted. This timeframe may be extended by the Director upon a written
request by a pre-existing operator explaining the need for an extension.
I. Procedural Requirements
The following information shall be provided to all short-term renters and posted in all owner -adjacent
short-term rentals in a manner to be determined by the Department of Community Development and
Planning:
a. Instructions for disposal of waste per the Town of Watertown's rules and the
conditions of the particular residence.
b. An emergency -exit diagram in all bedrooms used for owner -adjacent short-term
rentals and on all egresses from the dwelling unit.
c. Instructions for parking rules and limitations for off -site public parking (including the
rules about no parking on sidewalk or planter strips, and the winter parking ban).
d. Contact information for the short-term rental operator, or when the operator is not
present, the contact information for a locally available contact designated to
respond to all emergencies and problems that may arise during the rental period,
whether from renters, neighbors or municipal authorities.
e. The Certificate of Registration for the short-term rental.
2. The operator of an owner -adjacent short-term rental shall keep accurate books and records,
make them available upon request of the Department, and maintain such books and records
for a three year period.
II. Registration and Eligibility
All dwelling units offered for short-term rental shall first register with the municipality and secure a
Certificate of Registration according to standards set forth by the Building Inspector/Inspectional
Services Division, and pay all associated fees. The Certificate of Registration shall require the operator to
agree to abide by the requirements of these Regulations.
❑ Owner Consent: If the operator is not the owner of the property, the operator shall
provide written evidence that the owner, and the condominium association if applicable,
has consented to the short-term rental use of the property.
Proof of Residency: All operators shall provide the municipality with proof that one of the
units in the structure is used as the operator's primary residence, either by:
Providing proof of enrollment in the municipality's residential tax exemption
program, or
Providing an affidavit, signed under the pains and penalties of perjury, stating that
the dwelling being used for short-term rental is the operator's primary residence, a
property title or tenancy agreement along with a photo ID, and a government or
utility correspondence with operator's name and address issued within the last
three (3) months.
❑ Ineligibility: The following residential units are not eligible to be offered as Short -Term
Rentals:
❑ Residential Units designated as below market rate or income -restricted, that are
subject to affordability covenants, or that are otherwise subject to housing or
rental assistance under local, state, or federal law.
❑ Inspection: Prior to issuing or renewing a Certificate of Registration, the Department
must conduct an inspection to verify that each dwelling unit and bedroom to be rented
to short-term renters:
❑ Meets all Building/Health/Fire Code requirements for occupancy.
❑ Meets all other requirements of this Section and regulations promulgated by
the Commissioner of Inspectional Services.
❑ It is the responsibility of the short-term rental operator to renew its certificate
of registration every five years or upon change of operator or owner.
❑ Is an eligible unit, including not having affordability restrictions.
Proof of Insurance — Proof of liability insurance shall be required. You should confirm with
your insurance company on what level of insurance you will be required to have. If you
have a house loan, also make sure to check with your mortgage company to confirm that
they allow short-term rental.
Listing Information: The Operator, upon listing a Short -Term Rental or modifying
an existing listing, shall file with the municipality an exact duplicate of the listing,
including property address. Listings must specify the quantity of off-street parking,
if any, and include language relative to Watertown parking regulations.
Agent Updates: A Booking Agent with any listings in Watertown shall provide to
the municipality on a quarterly basis an electronic report, in a format to be
determined by Watertown. The report shall include a breakdown of where the
listings are located, whether the listing is for a room or a whole unit, the number
of nights each unit was reported as occupied during the applicable reporting
period, and the Operator's name and full contact information.
III. Registry
The Town will keep a public registry of approved sites.
IV. Complaint Process and Violations
Complaints shall be made to the Department, unless it is an emergency in which case it should be
reported to emergency services, and an investigation shall commence within 30 days. Violations may,
at the Director's discretion, result in a warning or a ticket and the maximum fine appropriate per the
Zoning Ordinance.
One (1) or more such tickets within a six (6) month period will result in the unit no longer being eligible
to that Operator for use as a short-term rental for a period of six (6) months following the most recent
violation.
Violations may also include any failure to abide by these Regulations, including, but not limited to:
• Offering an ineligible unit,
• Excessive noise, improper trash disposal, disorderly conduct,
• Failure to furnish a copy of a Booking Agent listing or include required parking information in
such listing, or
• Failure to remit any required excise tax or surcharge as required by law