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Millis updates floodplain zoning and adopts new state ADU rules; short‑term‑rental ban proposal fails
Summary
Town Meeting amended zoning to incorporate FEMA’s 2023 flood-mapping changes and adopted state-authorized accessory dwelling unit (ADU) rules with local restrictions. A proposed amendment to delete the ADU short‑term rental ban failed.
Town Meeting approved two zoning-related warrant articles: an update to the special flood hazard district to align with FEMA’s 2023 map changes, and a new accessory-dwelling-unit (ADU) bylaw written to implement the state’s Affordable Homes Act.
The flood-hazard amendment—intended to bring the town’s bylaws into conformance with the National Flood Insurance Program and the 2023 FEMA rate maps—passed by the two‑thirds majority required for zoning changes. Planning-board members told the meeting the revisions adjust flood-zone delineations and update construction standards and criteria for floodplain development.
Separately, the planning board proposed repealing the older "accessory family unit" rules and replacing them with an ADU section to conform to the Affordable Homes Act (August 2024). The new ADU bylaw allows ADUs up to 900 square feet (or 50% of a primary dwelling, whichever is less) by right in single-family districts, while preserving local controls permitted by state law including setbacks, parking and architectural standards. The planning board and town counsel advised that if local bylaws are silent the state rules would still allow ADUs by right; the proposed local bylaw creates local requirements and procedures to govern them.
Voters defeated an on-the-floor amendment to strike the provision that would prohibit ADUs being used as short-term rentals (less than 31 days). Opponents of the amendment argued regulating short-term rentals is a separate policy discussion that should be handled by a townwide short‑term‑rental ordinance rather than ad-hoc changes to the ADU text; proponents of striking the ban argued owners should have flexibility. The motion to eliminate the short‑term‑rental restriction failed.
The ADU bylaw passed by simple majority. Town counsel and planning board members told the meeting that existing accessory-family-unit (AFU) approvals that predate the change would be treated as preexisting nonconforming uses and not subject to forced removal.
