A Few Words About Zoning
Zoning is a topic about which most people don't give a second thought. Until,
that is, they wish to build an addition and the local building inspector denies
them a building permit application because the proposal violates a provision of
the local zoning code.
Zoning regulates the uses and dimensional boundaries (i.e. height) of privately owned buildings and land. The City of Boston Zoning Code, to a certain extent, serves the purpose of a planning board for smaller projects. It allows owners and developers to build projects as long as the proposals fall within the restrictions of the Zoning Code. For example, it may allow a homeowner to erect a small addition, but prevents an auto body shop from opening in a residential district.
The current City of Boston Zoning Code was enacted in 1964, and has been modified numerous times since. The Zoning Code revisions recognize that Boston's neighborhoods are unique. In fact, most neighborhoods outside the immediate downtown area were towns annexed over the years. There are fourteen similar neighborhood codes plus eighteen different codes for downtown and the waterfront. Zoning is in place to protect the neighborhoods from the construction of buildings or structures that do not fit into the context of a neighborhood. These structures may bring additional traffic, noise or pollution, or they may be constructed at a height that does not work for the neighborhood.
When a project does not fit the use or dimensional requirements of the Zoning Code, the Board of Appeal can grant relief from strict interpretations of the Code. Relief is granted after a public hearing and a finding that the proposed project is in harmony with the legal zoning in the neighborhood.
