OVERVIEW OF BOSTON ZONING. Presented by: David R. Jackowitz, Esq.

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1 OVERVIEW OF BOSTON ZONING Presented by: David R. Jackowitz, Esq. 1

2 Boston Zoning Regulations 1. The Enabling Act: 1956 Mass. Acts c. 665 ( An Act Authorizing the City of Boston to Limit Buildings According to Their Use or Construction to Specified Districts ) Creates Zoning framework in Boston Authorizes development of the Boston Zoning Code M.G.L. c. 40A does not apply to the City of Boston except for Chapter 40A, Section 3 ( imposition of health and safety law or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. ) Courts have applied 40A case law to Boston 2

3 Boston Zoning Officials 1. Zoning Commission adoption of zoning regs 2. Board of Appeal 7 members, hears appeals of: - Interpretations of the code - Conditional uses - Variances 3. Inspectional Services Department ( ISD ) powers of building commissioner for administration and enforcement of Building and Zoning Code 4. Boston Redevelopment Authority ( BRA ) planning and economic development arm of the city. 3

4 Boston Zoning Code Base - Base code, a.k.a. General Code or Old Code applies except where replaced by new zoning, i.e. neighborhoods. - General application for whole city - Article 2 Definitions - Article 11 Signs sign regs also found in Neighborhood articles - Articles 9, 13 Non-conforming uses and structures - Articles 6, 6A and 7 zoning relief - Articles 4, 5 - zoning administration - Article 80 development review - Article 28 Boston Civic Design Commission - Article 85 demolition delay - Article 30 barrier-free access - lower threshold than Architectural Access Board regs 521 CMR. - Article 37 green buildings - Plus overlay districts 4

5 Article 85 Demolition Delay - all buildings in downtown and Harborpark and all buildings that are at least 50 years old and all buildings in NDOD. - Boston landmarks commission reviews demolition requests (90 days) for public hearing - Establishes waiting period for significant buildings - Architectural significance - Association with historical persons or events - Loss would have significant negative impact on character of neighborhood - 2 year wait if demolition occurs without Article 85 review 5

6 Boston Zoning Code Neighborhood Districts Each neighborhood Article establishes use, dimensional, parking, and design requirements to reflect the neighborhood s special character. Article 2A Definitions applies in Neighborhood districts and Article 80. Neighborhood sub-districts, e.g.: - Residential - Neighborhood Business - Economic Development - Industrial Overlay Districts - Interim Planning Overlay District ( IPOD ) interim land use regs during rezoning, may require Board of Appeal for new projects - Plan Development Areas ( PDA ) provides greater flexibility for project development in certain locations - Restricted Parking Overlay District - Restricted Roof Structure Overlay District - Groundwater Conservation Overlay District ( GCOD ) - Neighborhood Development Overlay District ( NDOD ) may require BRA design review for very small exterior changes, expansions or new projects. 6

7 Use Boston Zoning Code Use, Dimensional & Parking - Base Code Article 8 and Article 10 for accessory uses - Neighborhoods see particular Article for use tables 7

8 Dimensional Boston Zoning Code Use, Dimensional & Parking - Base Code Articles Neighborhoods see particular Article for dimensional tables 8

9 Parking Boston Zoning Code Use, Dimensional & Parking - Base Code Article 23 - Neighborhoods see particular Article for dimensional tables 9

10 Boston Zoning Code Article 80 Boston Redevelopment Authority Development Review Article 80B Large Project Review - threshold 50,000 sq. ft. or 100,000 sq. ft. for rehab - requires very detailed submissions (PNF) regarding every component of project - Development Impact Project Exactions (linkage for affordable housing) Article 80C Plan Development Area Review Article 80D Institutional Master Plan Review (universities and hospitals, threshold starts at 20,000 sq. ft. Article 80E Small Project Review Section 2A Definitions apply under Article

11 Boston Zoning Code Article 80E Small Project Review Three Components 1.Design Review 2. Site Plan Review 3.Comprehensive Sign Design Review 11

12 Boston Zoning Code Article 80E Small Project Review 1. Design Review 12

13 Boston Zoning Code Article 80E Small Project Review 2. Site Plan Review 3.Comprehensive Sign Design Review 13

14 Boston Zoning Code Article 80E Small Project Review Application 1. Design Review - Submission must include plans, drawings and specs - Existing and proposed: - Vehicular and pedestrian access and egress - Traffic impact - Location and dimension of all buildings - Parking and loading - Landscaping and screening - Roof shapes, cornice lines and roof structure - Proposed signage 14

15 Boston Zoning Code Article 80E Small Project Review Application 2. Site Plan Review (if applicable) - topographical survey - photographs - proposed site plan including grading and landscaping - drainage plan - maintenance program - any other information requested by the BRA 3. Comprehensive Sign Design plan showing all proposed signs and related architectural features. 15

16 Boston Zoning Code Article 80E Small Project Review Standards 1. Design Component: consistent with design guidelines of underlying zoning. 16

17 Boston Zoning Code Article 80E Small Project Review Standards continued Design Component: consistent with design guidelines of underlying zoning 2. Site Plan Component: consistent with standards under 80B-4(2) of Large Project Review - Minimal interference with natural features - Appropriate clustering of buildings - Sensitivity to surrounding residential areas - Sensitivity to run off water - Preservation of natural terrain - Minimize alterations to natural grade 3. Comprehensive Sign Design - harmonious synthesis of signs and architectural features - Technical requirements under 11-2, e.g.: - Sign attached at right angles to building, no more than 2 faces - No more than one such for each entrance - Projects no more than 6 feet - Area of sign does not exceed 24 sq. ft. on either side (exception for public service message device such as time and temperature sign) 17

Applicability of Zoning Requirements Grandfathering and Non-conformity GRANDFATHERING: No zoning regulation or amendment thereof shall affect any permit issued or any building or structure lawfully

18 Applicability of Zoning Requirements Grandfathering and Non-conformity GRANDFATHERING: No zoning regulation or amendment thereof shall affect any permit issued or any building or structure lawfully begun before before the Zoning Commission has first been given. (Enabling Act, Section 5, Section 4.2 of BZC). Neighborhood Articles grandfather projects for which applications for a permit was filed before the hearing notice. Grandfathering requires work to begin within 6 months of permit, and work must proceed in good faith continuously to completion so far as is reasonably practicable. 18

Applicability of Zoning Requirements Non-conformity NON-CONFORMING USES AND STRUCTURES: a use of a structure or lot that does not conform to a regulation prescribed by this code for the district in

19 Applicability of Zoning Requirements Non-conformity NON-CONFORMING USES AND STRUCTURES: a use of a structure or lot that does not conform to a regulation prescribed by this code for the district in which it is located; provided that such use was lawfully in existence on the effective date of this code or...on the effective date...[of the amendment that made the use nonconforming]. (BZC Art. 2, 2A). Article 9 of BZC governs the application of the non-conformity principle. Nonconforming use may (subject to Section 6, Conditional Use), be extended with permission of Board of Appeal. Can t exceed 25% of volume or area & aggregate amount expended can t exceed 50% of physical value of building Change from one nonconforming use to another nonconforming use (Section 9-2) - Subject to Section 6, and need permission of Board of Appeal - Upon substitution, right to use structure/land of the former nonconforming use terminates Effect of Non-Use of Nonconforming Use (Section 9-3) use it or lose it nonuse for 24 consecutive calendar months terminates right to use such structure/land for nonconforming use. (Less than abandonment. Must be actual use). 19

Applicability of Zoning Requirements Non-conformity continued...section 6, Conditional Use Section 6 Conditional Use: Conditions Required for Approval.

substitute nonconforming use under Section 9-2, such substitute nonconforming use will not be more objectionable nor more detrimental to the neighborhood than the nonconforming use for which it is

20 Applicability of Zoning Requirements Non-conformity continued...section 6, Conditional Use Section 6 Conditional Use: Conditions Required for Approval. The Board of Appeal shall grant any such appeal only if it finds that all of the following conditions are met: (a) the specific site is an appropriate location for such use or, in the case of a substitute nonconforming use under Section 9-2, such substitute nonconforming use will not be more objectionable nor more detrimental to the neighborhood than the nonconforming use for which it is being substituted; (b) the use will not adversely affect the neighborhood; (c) there will be no serious hazard to vehicles or pedestrians from the use; (d) no nuisance will be created by the use; (e) adequate and appropriate facilities will be provided for the proper operation of the use; Strengthening, restoration and reconstruction: Commissioners bulletin No permits restoration of a building under Section 4-1 to the building s prior footprint and square footage and requires design review by the BRA. Requires determination that building is unsafe and that work be commenced within 2 years of such determination. 20

21 Variances NOTE: Special circumstances are not limited to shape, soil conditions and topography as in M.G.L. c. 40A. Conditions are peculiar to neighborhood, as opposed to zoning district under 40A. 21

22 Building Permits and Use Permits - Zoning review triggered by building permit application. - Application requires description of the premises, proposed work, proposed site plan, floor plans and proposed use for zoning review. Construction docs not required for zoning analysis (all done online). - Defers building code analysis to future submission of construction plans - Change of use requires application for change of occupancy even if no work done. (Online application) Subdivisions - M.G.L. c. 41 does not apply to Boston. - Contiguous lots acquired by single owner requires request to combine lots. - ISD may require subdivision plan for separate permits on contiguous lots under single ownership. - If separate lots are assessed and taxed separately ISD does not consider lots to be merged. - Tregor Bill 1982 Mass. Acts ch. 190 Section 9 requires collector/treasurer to certify that an excise tax of $500 in excess of two lots has been paid. 22

Board of Appeal Contact abutters to gain support before notice issues Building permit application denied 45 days Appeal period File appeal with ZBA on their form 7-10

days Corporation counsel approves as to form Draft decision to submit to Board Board of Appeal hearing Lobby city councilors, Office of Neighborhood Services, BRA, and

23 Board of Appeal Contact abutters to gain support before notice issues Building permit application denied 45 days Appeal period File appeal with ZBA on their form 7-10 days Call ZBA to obtain processing tentative hearing date at least 20 days before hearing ZBA publishes notice and mails notice to abutters Decision signed by Board 15 days Corporation counsel approves as to form Draft decision to submit to Board Board of Appeal hearing Lobby city councilors, Office of Neighborhood Services, BRA, and others Decision sent back ISD 20 days Appeal period File construction expires docs for code compliance ~ days Obtain permit, commence use/construction within 2 years 23

24 Let s give it a try! 24

13 NONCONFORMITIES [Revises Z-4]

13 NONCONFORMITIES [Revises Z-4] Dimensional Standards Building Design Standards Sidewalks Tree Protection & Landscaping Buffers & Screening Street Tree Planting Parking Lot Landscaping Outdoor Lighting Signs 13.1 PURPOSE AND APPLICABILITY