Proposed zoning amendments for Retail Users and Home Occupations sent to the full City Council and Community Development Department with a favorable recommendation

Chief of Planning

upcoming meeting on September 30, 2020. This material was prepared by CDD staff in consultation with the Law Department and Inspectional Services Department (ISD). • Recommendations and possible zoning text amendments related to Home

Occupations, including Retail Residential Kitchens and Cottage Food

Production. Recommendations and possible zoning text amendments related to Retail or Consumer Service Establishments as principal land uses in the Zoning Ordinance, including revised and new definitions in Article 2.000, amendments to the Table of Use Regulations in Article 4.000, and criteria for special permit review in Article 10.000. The rationale for these recommendations is summarized on the following pages, and the attached document contains detailed zoning text changes for review and comment.

A two-page chart summarizing the recommended changes to the retail land use table is also attached, along with a copy of the Cambridge Zoning Map for reference. Because the suggested changes affect use definitions and regulations at a foundational level, implementing these changes will also require a detailed review of the entire Zoning Ordinance to resolve inconsistencies that may result.

For example, Article 6.000 of the Zoning Ordinance containing parking, loading and bicycle parking requirements will need to be modified because it mirrors the Table of Use Regulations. Because this is a time-consuming effort, it should be done only after there is consensus on the desired changes to Article 2.000 and Article 4.000. Background The retail industry is constantly changing, and Cambridge's retail zoning needs to be flexible enough to allow for current and new businesses to thrive and survive.

Since 2015, CDD has been engaged in an effort to analyze and improve base zoning regulations for retail businesses, following the recommendations of the Commercial Land Use Classification Study, Retail Strategic Plan, Envision Cambridge, and other studies.

This effort has involved community outreach including surveys of business association leaders, individual business owners, and others in the community, as well as a review of seven years of BZA cases to identify common special permit requests and challenges for local business owners.

Based on the studies above and after discussions with the City Council, City staff, and community stakeholders, the following goals were created for the Retail Zoning Initiative: • Consistently define all retail use types • Add use types that are not listed • Regulate "hybrid" activities • Plan for unforeseen use types • Consider relaxing some requirements (parking, change of use, & etc.) • Revise allowed home-based businesses The zoning recommendations that result from this initiative involve complex changes to a foundational part of the Zoning Ordinance.

These changes are intended to result in a clearer and more rational set of use regulations that are responsive to the City's future planning goals. However, they must be undertaken carefully to avoid unintended adverse consequences.

Home Occupations

Per the request of Council, staff looked at how home-based businesses are regulated in the Zoning Ordinance to explore how they could be more inclusive. The suggested language is intended to clarify the range of uses that are permitted as home occupations, particularly artists and other creative professionals, and to clarify the conditions in which they may operate. The most significant suggested change is to include language that would allow a residential kitchen to operate a Cottage Food business. According to state law, a Cottage Food business is defined as a person who produces cottage food products (e.g. jams, baked goods) in a residential kitchen of that person's primary residence. Staff are working to develop a new Cottage Food Operations Permit (through ISD) and webpage to be available once the new zoning is enacted. Page 2 of 7

Principal Use Retail or Consumer Service Establishments

Part 1: Amendments to Definitions (Article 2.000)

As discussed at the last committee meeting, the current Zoning Ordinance does not define retail uses in a consistent way. The suggested zoning text changes in the attached document are guided by the following objectives: • Creating a general umbrella definition of a "Retail or Consumer Service Establishment," to provide a way of regulating uses that do not fall into a specific category.

Ensuring that every use listed in the Table of Use Regulations has a corresponding definition in Article 2.000. • Consolidating and incorporating scattered footnotes and other provisions into definitions where appropriate. • Defining common types of use that are not currently defined, such as grocery stores, craft beverage establishments, fitness centers, and temporary outdoor retail. • Removing some provisions that have been found to be overly restrictive or difficult to enforce, such as limitations related to the volume of sales.

The summary table at the end of this memo lists the resulting set of defined retail uses, along with explaining the recommended regulatory approach to each.

Part 2: Addressing "Hybrid Uses" (New Section 4.39)