Interestingly, the Massachusetts Zoning Act (G.L. c. 40A) does not apply to the City of Boston; rather, zoning in Boston is governed by the 1956 Mass. Acts c. 655 (“Enabling Act”) and the Boston Zoning
Code, which was adopted in 1964. Thereafter, as the character and nature of the City of Boston began to change, it was apparent that the Boston Zoning Code had become outdated. In response the City of Boston’s Planning & Development Agency and the Zoning Commission, pursuant to Section 3 of the Enabling Act, have worked to rezone, amend and substantially rewrite the Boston Zoning Code, which remains ongoing to this day. The Boston Zoning Code establishes three (3) zoning districts with each containing multiple subdistricts, which provide each district with regulations concerning use, dimension, and parking.
Article
23 of the Boston Zoning Code sets forth the minimum parking requirements for
new developments in the City of Boston, which was amended to address the lack
of parking concerns for the City’s residents.
For example, Section 1 of Article 23 provides that no structure or land
shall be used for residential purposes unless off-street parking facilities are
provided. Specifically, it requires a
certain number of spaces per maximum floor area ratio, as set forth in the
table below:
|
If
the Maximum Floor Area Ratio Specified in Table B of Section 13-1 for the Lot
is: |
For
Each Dwelling Unit There Shall Be Provided at Least:* |
|
0.3
or 0.5 |
1.0
space† |
|
0.8
or 1.0 |
0.9
space† |
|
2.0
|
0.7
space† |
|
3.0
|
0.6
space† |
|
4.0
|
0.5
space† |
|
5.0
|
0.4
space† |
* Where use is not divided into dwelling units:
(a) If
sleeping rooms have accommodations for not more than two persons, each two
sleeping rooms shall constitute one dwelling unit; and
(b) If
sleeping rooms have accommodations for more than two persons, each four beds
shall constitute one dwelling unit.
† or, in the case
of housing projects for elderly persons of low income, 0.2 space. Housing
projects for elderly persons of low income, as used herein, shall be deemed to
mean such housing constructed under the Housing Authority law of the
Commonwealth of Massachusetts and/or the United States Housing Act of 1937 as
amended.
Parking has always been
an issue in the City of Boston, no matter the neighborhood, but now it is likely
to be compounded by a recent amendment to Article 23 of the Boston Zoning Code. Last October, the Boston Planning and
Development Agency and the Zoning Commission unanimously approved an amendment
to remove parking minimums for affordable residential projects. Thereafter, in December, Mayor Wu approved
the amendment. This amendment will
delete the footnote † above and replace it with a new footnote to Article 23 to
remove parking minimum requirements for the purpose of increasing development
of affordable residential housing to confront the affordable housing crisis
(“Amendment”), which reads:
†
or, in the case of residential housing entirely for persons of low-income, no
off-street parking shall be required. Residential housing entirely for persons
of low-income shall be considered to describe those projects where all proposed
residential units are income-restricted at or below the maximum income level
permitted for affordable units under the requirements of the City of Boston’s
Inclusionary Development Policy.
The
Amendment was introduced to address the use of parking minimums as a basis to
prevent and/or stall the construction of affordable housing in the City of
Boston, as the City’s Zoning Code previously specified minimum parking
requirements for residential development in the specific neighborhoods of
Boston. This Amendment, however, will
only remove parking minimums for affordable residential developments where at
least 60% of the units are income-restricted at 100% Area Median Income (AMI)
or below. Notably, it also prevents the
use of parking requirements as a basis to challenge the development.
Importantly, this zoning
change does not eliminate or alter parking requirements for all other projects
in the City of Boston, it only applies to residential affordable housing
developments. At present, the Amendment
will help expedite the development of affordable housing, while also making it
more cost effective, as developers will no longer be required to include
parking as part of the development, which is typically a significant expense. While the impact of increased development of
more affordable housing and reduced parking remains to be seen, this Amendment
also is intended to work in conjunction with the City of Boston’s goals to move
to transit oriented housing, reduce congestion, and combat climate change
through the City of Boston’s Transportation Demand Management. The Transportation Demand Management Development
Review applies to all development projects over 50,000 square feet and requires
developers to evaluate existing transportation conditions and work with City of
Boston’s planners to reduce the development’s transportation impacts, which is
geared toward reducing driving and utilizing public transit.
A member of REBA’s
litigation section, Meghan is an associate at the Boston and Quincy-based form
of Moriarty, Troyer & Malloy, LLC.
Meghan’s experience includes representing clients in all Massachusetts
trial courts, including the Land Court, and the Massachusetts Appeals Court. Meghan
can be contacted at mhall@lawmtm.com.
