Somerville’s zoning became the poster child of development over-regulation this weekend, after a map showing only 22 buildings throughout the city conformed to the city’s existing zoning code circulated around the Internet via. Reddit, blogs and an article by VOX.

The map was produced by the Somerville Planning Department in 2013 and is accurate — in a sense.

But according to Somerville officials, Alderman President Bill White and a local development advocate, the VOX article in particular was a bit misleading about the existing zoning, doesn’t address the efforts to update it, and fails to mention the need for zoning in the first place.

According to the city’s Planning Director George Proakis, Somerville adopted its first zoning code in 1925 following similar ordinances by cities, including Boston, Cambridge and Medford. At first, the zoning regulated use, height and location of all buildings.

Proakis said it was revised and amended on several occasions throughout the years before being completely rewritten and organized in 1990 as the city was losing a lot of its population to the suburbs.

Since 1990, the zoning has been amended numerous times but still follows the same basic format of what was adopted then. Proakis said there are major issues with the existing code for instance, the language and structure of the zoning is too hard to navigate, is vague in meaning, and contradictory.

He also said the zoning district regulations do not provide predictable outcomes and often times fail to preserve the character of the city. And the zoning districts surrounding existing and future train stations are not equipped to promote in smart-growth, affordable housing, or new economic development.

New zoning efforts

In December 2015, city officials proposed a new zoning code, which among other things, revamps how the city classifies districts and what can be built in them.

The proposed code created new zoning districts such as neighborhood districts, such as neighborhood, urban and mixed-use districts, and special districts which comes with building height limitations.

Residents and aldermen raised concerns about the new zoning, saying it should bring in more affordable housing and commercial space, improve parking requirements and add open space. Some aldermen were concerned the zoning would allow many development projects to bypass the zoning review process.

Aldermen eventually sent the zoning code back to the drawing board and city officials are working on bringing back a revised proposal.

“The goal of the zoning overhaul is to provide Somerville with an effective, responsive, fair, efficient, user-friendly and predictable but flexible system to regulate development across the city,” Proakis. “The code will conserve our traditional residential housing while steering investment to enhance our squares and corridors and transform underutilized areas into vibrant, walkable neighborhoods.”

Only 22 buildings legal?

VOX claimed only 22 buildings in Somerville are legal under the existing zoning regulations.

This is not necessarily the case. The map they referenced was referring to buildings located in Residential A and Residential B zoning districts.

And, White said, it’s not that those buildings are illegal, it’s that they are non-conforming. And he said the zoning only relates to new construction. Anything built before, which is a lot of the city, was grandfathered in.

White said certain renovations, even if the building is non-conforming, can be done as-of-right. When there is new construction or more involved renovations to a non-conforming building, work can still be completed but the developer would need a special permit from Zoning Board of Appeals to do it.

He said the intent of the zoning is to “regulate development, regulate construction” and preventing factories from being built next to houses. And he said as the issues of the city change, the zoning can change to reflect that.

Recently aldermen amended the zoning raising the percentage of affordable housing units developers must include when building large-scale housing developments.

The big picture question

Wise Development Advocate Bill Shelton said giving the Zoning Board and planning staff discretion about which non-conforming properties should be approved on a case-by-case basis can be abused — giving favoritism to particular attorneys or developers in the city.

But he said during the ZBA approval process, residents have a chance to express their concerns about the project and can sometimes have their concerns addressed by the developers.

And because of that there is a philosophical question involved: Should residents have a say in a project that effects their quality of life?