The Commission finds that:

1.

The attributes of an evolving city make it necessary from time to time to consider rezoning of an area;

2.

it is usually desirable to precede a contemplated rezoning of an area with a comprehensive planning study;

3.

a reasonable period of time is required to complete such comprehensive planning study, given the need to assemble and consider adequately the necessary economic, social, physical and other information, and to hold public hearings and otherwise involve the public in the planning process;

4.

the preparation, drafting, and adoption of a proposed rezoning may take a significant period of time to complete;

5.

in the time period during which the comprehensive planning study and contemplated rezoning are prepared, it is essential to protect the area under review from unwise development that would frustrate the ultimate goals of the comprehensive planning process and contemplated rezoning;

6.

the use of interim zoning measures to protect the integrity of an area pending completion of a comprehensive planning study and preparation of a rezoning proposal is a commonly used technique around the country.

Therefore, under the authority of Chapter 665 of the Acts of 1956 and Chapter 652 of the Acts of 1960 this article is established.

1.

An Interim Planning Overlay District shall be established through text and map amendment to the Zoning Code and zoning maps.

2.

An Interim Planning Overlay District may operate to suspend all or a portion of the existing underlying zoning of an area for the period during which the Interim Planning Overlay District shall be in effect.

3.

An Interim Planning Overlay District shall be adopted for a specified time period, not to exceed two years; provided that, notwithstanding any contrary provision of this code, including, but not limited to, any provision of an effective Interim Planning Overlay District, such time period shall automatically be extended until final zoning for the Interim Planning Overlay District is adopted by the Zoning Commission, but in no case shall an Interim Planning Overlay District be automatically extended to be in effect for a period exceeding three years. An Interim Planning Overlay District may also be extended, with respect to all or any part of the area within such District, by approval of the Zoning Commission at any time, after public notice and hearing. An Interim Planning Overlay District shall dissolve upon expiration of the specified time period as extended pursuant to this paragraph or by the Zoning Commission.

4.

An Interim Planning Overlay District itself may be divided into subdistricts.

5.

Deleted on March 16, 1989.

6.

An Interim Planning Overlay District may employ an Interim Planning Permit procedure to govern any or all areas of the Interim Planning Overlay District. The Interim Planning Permit system is described in Section 27-3.

(As amended on September 23, 1987, March 16 and September 13, 1989)

An application for an Interim Planning Permit must be filed in quadruplicate with the Inspectional Services Department, which will retain one copy and transmit the other copies within seven days as follows: one to the Board of Appeal, one to the Boston Redevelopment Authority, and one to the Zoning Commission. Within ninety days of the receipt of such transmittal, the Boston Redevelopment Authority shall file with the Board of Appeal a report with recommendations together with materials, maps or plans to aid the Board of Appeal in judging the application. The Board of Appeal shall not hold a hearing or render any decision on an application for such Permit until such report with recommendations has been received and considered; provided that if no such report is received within ninety days, the Board of Appeal may hold a hearing and render a decision without such report.

The Board of Appeal shall grant such application only if it finds that the proposed action described in the application would not be incompatible with the goals of the comprehensive planning study and contemplated rezoning.

The Boston Redevelopment Authority may petition the Zoning Commission for the designation of an Interim Planning Overlay District. Such petition must:

1.

Define the physical boundaries of the Interim Planning Overlay District.

2.

Describe the characteristics of the area that suggest the existing underlying zoning may not be appropriate.

3.

Specify a detailed timetable with specified deadlines for conducting and completing the comprehensive planning study, and for drafting and petitioning for any rezoning of the area.

4.

Specify a specific date, not to exceed two years from the effective date of an amendment establishing such district, for dissolution of the Interim Planning Overlay District.

5.

State regulations to control land use in the area during the specified time period including but not limited to the following:

a.

regulations which suspend the underlying existing zoning;

b.

regulations governing the Interim Planning Permit, if any.

6.

State explicitly which land uses and activities are subject to the provisions of the Interim Planning Overlay District, and which land uses and activities, if any, are left to be governed by the underlying existing zoning.

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