About Zoning in Boston

Posted by: Deirdre White
Posted on: Tuesday, May 29, 2007 at 12:46 pm
Categories: Zoning, Zoning, Zoning, West Roxbury, Jamaica Plain, Roslindale

What is zoning? How could it or does it affect me?

These are common questions asked by City of Boston homeowners, which I will try to address in as simplified a manner as possible.  Zoning regulates the uses that can be applied or the type of building that can legally be erected for privately owned buildings and land.  Zoning codes were first established in 1964 within the City of Boston to regulate privately owned land.  This means that every homeowner in the City is affected by zoning codes. 

Zoning was originally intended to protect the “character” of a neighborhood by forbidding the development of incompatible property uses. For example, zoning would not allow an auto body shop to be built within a residential neighborhood.  A by-product of zoning is that it can support the health of a residential neighborhood and sustain value.

Zoning may come into play when you want to add an addition on your existing property.  It answers the question “ What can I build and where?”  Zoning addresses building types & sizes, density, height and land uses throughout the city.  If a proposed project does not fall within the existing zoning guidelines, owners and/or developers can request zoning relief through the Zoning Appeals Process which is overseen by the Zoning Board of Appeal which is within the jurisdiction of the Boston Redevelopment Authority (BRA).  This process can take months, sometimes years, to successfully navigate and there are no guarantees!  An experienced zoning attorney is highly recommended to assist a homeowner that needs to go through the process.

The Zoning process is an on-going one. All areas of the city are broken down into zones. Each section of the City has it’s own zoning maps and guidelines.  Not all areas of the city have the same codes by which they must abide.  Zoning can be more or less restrictive depending on the character of an area within a particular “zone”.  For example, historic neighborhoods generally have more restrictive zoning codes, whereas, neighborhoods close to transportation may allow more density. 

The City of Boston typically works closely with the local communities to determine appropriate zoning codes for a particular area. For example, Roslindale is currently going through a re-zoning process is now working with city officials to formalize new zoning guidelines and an accompanying zoning map.

I have personally been through the Zoning Appeals Process and have first hand experience of the journey.  It is not a process for the feint of heart!  This is the forum where neighbors can become adversaries and friends can become foes.  At times, it can be a very intimidating experience but it can be also more entertaining than a movie!  

Feel free to comment here and tell me of some of your war stories. They will be educational for all of us!

Share This • 2 Comments

Close
E-mail It