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The Zoning Guide:
A User Guide to the City of Cambridge Zoning Ordinance

Index

Building and Occupancy Permits
Special Permits
Variances
Zoning Amendment Procedure

Please note that the Zoning Guide does not in any way replace the Cambridge Zoning Ordinance. The Zoning Guide provides an overview of the Ordinance and seeks to explain some of the more technical concepts in language accessible to the layman.

IV. Zoning Procedure

The Cambridge Zoning Ordinance is administered through permit application processes of the Inspectional Services, the Board of Zoning Appeal, and the Planning Board. Changes to the Ordinance are accomplished through an amendment procedure involving the Planning Board and City Council.

Building and Occupancy Permits. Nearly all construction activity (new buildings, existing building expansion, and alterations) requires a building permit. When someone applies for a building permit Inspectional Services makes sure the proposed construction will comply with the State Building Code and with the Zoning Ordinance. Inspectional Services also issues certificates of occupancy. A certificate is required before a parcel of land or a building may be used for any purpose. It is obtained after work under a building permit is completed or when a building is changed from one use to another. The certificate states that the use of the property complies with the State Building Code and the Cambridge Zoning Ordinance.

Special Permits. Most of the regulations found in the Ordinance are "yes" or "no" type regulations. For example, a certain use may be allowed or it is prohibited. A building may be so tall but no taller. If a building proposal complies with such requirements, a building permit will be issued. There is another class of regulations which are not as rigid. They in effect say "maybe" a use will be allowed or "maybe" a taller building will be permitted if a special permit is granted. A special permit is issued by a local board when it determines that the particular project is reasonable at the location where it is being proposed. A special permit will normally be granted unless the proposal fails to meet the special permit criteria established in the Ordinance. The special permit granting authority has the power to attach any conditions or limitations on the special permit which it deems necessary. The procedure for obtaining a special permit is outlined on Diagram 3.

Go to Diagram 3

Variances. A Variance is a legal relief valve by which a property owner may obtain an exemption from the requirements of the Zoning Ordinance. Variances from dimensional, use and parking regulations may be granted by the Board of Zoning Appeal in cases where the requirements of the Ordinance represent a hardship for the petitioner. The petitioner must establish that the hardship is particular only to his lot and is due to the unique conditions of the land for which the variance is being requested. The BZA must find that the variance will not result in substantial detriment to the public good and that it will not significantly derogate from the intent of the Zoning Ordinance. Diagram 4 outlines the procedure for obtaining a variance.

Go to Diagram 4

Zoning Amendment Petition Procedure. The Zoning Ordinance and Zoning Map may be amended when existing regulations are no longer appropriate or when the City prepares new plans for an area. Amendments may involve text changes in district or citywide regulations or a change in the district designation for a certain area on the zoning map (called a rezoning). When regulations for an area are made more restrictive, the action is called a downzoning.

Amendments are adopted after a petition process requiring two public hearings - one before the Planning Board, the other before the City Council Committee on Ordinances. Notices of these hearings usually appear in a Cambridge newspaper. Petitions may be filed by the City Council, by the Planning Board, by the Board of Zoning Appeal, by ten registered voters or by any individual who owns land which would be affected by the petition. Once a public hearing on a proposed zoning amendment has been advertised in the newspapers, permits which would violate the proposed change are not issued by Inspectional Services. Typically, it takes between two and five months to complete the amendment petition process. Diagram 5 shows the sequence of events in the process.

Go to Diagram 5

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The Zoning Guide: A User Guide to the City of Cambridge Zoning Ordinance

Index

IV. Zoning Procedure

The Zoning Guide:
A User Guide to the City of Cambridge Zoning Ordinance