This Article is written to promote the public health, safety and welfare of the residents of Boston by helping to ensure a range of housing options with sizes, types, and levels of affordability to support a diverse populace. The purpose of inclusionary zoning is to generate affordable housing through conventional market-rate housing development.

(Text Amd. No. 466, § 1, 11-30-2023.)

A.

This Article applies to any Proposed Project or series of Proposed Project phases or components put forward by the same Applicant or Applicant affiliates at the same time which result in seven (7) or more Dwelling Units, if such development occurs through one or more of the following: Construction of a new structure or structures, construction of an addition to an existing structure that results in an increase in the total number of units to 7 or more Dwelling Units, alterations within an existing structure that result in an increase in the total number of units to 7 or more Dwelling Units, or a change of use that results in an increase in the total number of units to 7 or more Dwelling Units (each such Proposed Project or series of Proposed Project phases or components is referred to in this Article as a "Covered Project").

B.

Exemption: Notwithstanding the foregoing, the term Covered Project does not include any Proposed Project or component thereof that is:

1.

Financed as one entity that exceeds the affordability requirements set out in this Article;

2.

A Dormitory as the term is defined in Article 2 or 8; or

3.

Other uses not defined as Residential Uses in Articles 2 or 8.

(Text Amd. No. 466, § 1, 11-30-2023.)

A.

In order to take into account the geographic variability and sales prices and rents, and therefore the variability in developer feasibility, Boston is divided into the three, distinct zones listed below, as shown on the map entitled " Inclusionary Development Policy Zone Designations" attached as Appendix A to this Article.

1.

Zone A: Neighborhood Districts of Audubon Circle, Back Bay, Bay Village, Charlestown, City Square, the Fenway, tire North End, and the South End, as well as the Chinatown District, the Leather District, the Government Center/Markets District, the Bulfinch Triangle District, the Cambridge Street North District, the Stuart Street District, the Central Artery Special District, the Greenway Overlay District, the Midtown Cultural District, the North End Economic Development Area, the South Station Economic Development Area, the Huntington Avenue/Prudential Center District, the North End/Downtown Waterfront District, the Harborpark Districts of the Charlestown Waterfront, Charlestown Navy Yard, and Fort Point Waterfront, and those parcels in East Boston regulated by Massachusetts General Law Chapter 91.

2.

Zone B: Neighborhood Districts of Allston-Brighton, Jamaica Plain, Mission Hill, and South Boston, as well as East Boston, excluding those parcels in East Boston regulated by Massachusetts General Law Chapter 91.

3.

Zone C: Neighborhood Districts of Dorchester, Hyde Park, Greater Mattapan, Roslindale, Roxbury, and West Roxbury, as well as the Dorchester Bay/Neponset River Waterfront District.

B.

In the case where a Covered Project site is in more than one zone, the requirements of the less restrictive zone will apply.

(Text Amd. No. 466, § 1, 11-30-2023.)

A.

Required Percentages.

B.

Partial Units. Where the total number of units required to meet the on-site and/or off-site unit contributions of this Article is calculated to a fraction below .5, the Applicant shall pay the fractional amount into the Inclusionary Development Fund as set forth in Section 79-7. Where the calculation is at or above .5, the Applicant shall elect any of:

1.

Rounding up to allocate an additional IZ Unit;

2.

Paying a fee equal to the Full Unit Contribution into the Inclusionary Development Fund as set forth in Section 79-7; or

3.

Providing additional square footage to any proposed IZ Units - with two or more bedrooms so as to provide, at minimum, the required Usable Square Footage where this method of calculation is utilized in lieu of total units.

C.

Off Site Unit Requirements.

1.

Location: Off-site units must be located within a half-mile radius of the Covered Project making the off-site contribution.

2.

Timing: The location of the off-site unit contribution must be identified when the Covered Project files for Boston Redevelopment Authority approval. Article 80B cooperation agreements shall cross reference the offsite location, number of units to be developed, and intended household AMIs.

3.

Conversions: Applicants may convert existing off-site market rate units to satisfy Inclusionary Zoning requirements, except that rental to condo conversions shall not be permitted to satisfy requirements related to off-site homeownership development.

4.

A mix of on-site and off-site units may be allowed, subject to approval of the Mayor's Office of Housing or its successor agency.

(Text Amd. No. 466, § 1, 11-30-2023; Text Amd. No. 482, § 21, 7-3-2025.)

1.

The size and type (number of bedrooms) of the IZ Units shall be proportional to the size and type (number of bedrooms) of the units within the Covered Project as a whole. Notwithstanding the foregoing, pursuant to Section 79-4A or Section 79-4B.3, the Applicant may use some of the required Usable Square Footage to create larger IZ Units.

2.

IZ Units must be dispersed and may not be clustered or stacked in any one area.

3.

On-site IZ Units shall be indistinguishable in finishes and construction internally and externally.

4.

Off-site IZ Units shall be reviewed by the Mayor's Office of Housing and deemed substantially similar to other units within the Covered Project.

(Text Amd. No. 466, § 1, 11-30-2023.)

A deed restriction and/ or affordability covenant will be placed on each IZ Unit, whether developed on- or off- site, for a period of thirty (30) years, unless such restriction is recorded by deed restriction and affordability covenant shall continue for a further twenty (20) years from the date of recording such notice of restriction.

(Text Amd. No. 466, § 1, 11-30-2023.)

A payment may be made in lieu of the provision of a partial unit pursuant to Section 79-4B according to the below schedule. Full IZ Unit requirements may be satisfied, subject to Mayor's Office of Housing approval, by payment in lieu of units into the Inclusionary Development Fund of the City of Boston Treasury subject as follows:

(Text Amd. No. 466, § 1, 11-30-2023.)

Payment into the Inclusionary Development Fund must be paid to the City of Boston Treasury. Payment of 50% of the amount is due at the issuance of a full building permit, and payment of the other 50% is due at the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy.

(Text Amd. No. 466, § 1, 11-30-2023.)

This Article shall become effective October 1, 2024. Notwithstanding the foregoing, any development with a residential component for which an application for a conditional use permit, exception, zoning map amendment, zoning text amendment, variance, Project Notification Form or other Article 80 application (including, without limitation, the filing of a Development Plan for a Planned Development Area) has been filed with the appropriate governmental authority prior to the effective date of this Article 79 shall not be subject to this Article 79; and provided further, however, that the Boston Redevelopment Authority, Boston Zoning Commission, or Board of Appeal may require adherence to Article 79 for a Covered Project that, after the said effective date, seeks additional or amended relief through the filing of a Notice of Project Change, amendment of a Development Plan for Planned Development Area, an additional variance, an additional conditional use permit, or an additional zoning exemption.

(Text Amd. No. 466, § 1, 11-30-2023.)

For all Covered Projects subject to this Article, the Commissioner of Inspectional Services shall not issue any building permit or use permit unless an affordable housing agreement memorializing the Applicant's obligations under this Article has been executed between the Mayor's Office of Housing (MOH) or its successors or assignees and the Applicant.

(Text Amd. No. 466, § 1, 11-30-2023.)

The provisions of this Article are severable and if any such provision or provisions shall be held invalid by any final decision of any court of competent jurisdiction, such decision shall not impair or otherwise affect any other provision of this Article.

(Text Amd. No. 466, § 1, 11-30-2023.)