The purpose of this Article is to establish the zoning regulations for the Charlestown Neighborhood District.

(Text Amd. No. 465, § 1, 11-7-2023.)

The provisions of this Article are applicable only in the Charlestown Neighborhood District. The boundaries of the Charlestown Neighborhood District and its subdistricts are as shown on the map numbered 2E and entitled "Charlestown Neighborhood District", of the series of maps entitled "Zoning Districts City of Boston".

(Text Amd. No. 465, § 1, 11-7-2023.)

This Article together with the rest of this Code constitutes the zoning regulation for the Charlestown Neighborhood District and applies as specified in Section 4-1 regarding the conformity of buildings and land to this Code. Zoning relief in the form of exceptions from the provisions of this Article pursuant to Article 6A, is not available except to the extent expressly provided in this Article or Article 6A. Where conflicts exist between the provisions of this Article and the remainder of the Code, the provisions of this Article shall govern. Except where specifically indicated in this Article, the provisions of this Article supersede Section 8-3 (Use Regulations) and Articles 13 through 24 of this Code for the Charlestown Neighborhood District. A Proposed Project shall be exempt from the provisions of this Article, and shall be governed by the rest of this Code, if application to the Inspectional Services Department for a building or use permit has been made prior to the first notice of hearing before the Zoning Commission for adoption of this Article, and (1) no Zoning Relief is required, or (2) any required Zoning Relief thereafter is granted by the Board of Appeal; provided that construction work under such building permit, or occupancy under such occupancy permit, as the case may be, is commenced within six (6) months of the date of such permit and proceeds in good faith continuously so far as is reasonably practicable under the circumstances.

(Text Amd. No. 465, § 1, 11-7-2023; Text Amd. No. 471, § 14g., 4-3-2024.)

Within the Charlestown Neighborhood District, no Planned Development Area shall be permitted, except as expressly provided for in Section 62-19.

This Section 62-5 establishes Residential Subdistricts within the Charlestown Neighborhood District. The purpose of the Residential Subdistricts is to maintain, enhance, and promote the character of the residential neighborhoods in terms of density, housing type, and design.

The following Residential Subdistricts are established:

1.

Three-Family Residential ("3F") Subdistricts. The Three-Family Residential ("3F") Subdistricts are established to preserve low density three-family areas with a variety of housing types appropriate to the existing fabric, including one-, two-, and three-family Dwellings, to preserve existing structures, to provide for new infill construction appropriate to the existing fabric, and to allow minor changes to occur as-of-right. In a 3F Subdistrict, the maximum number of Dwelling Units allowed in a single structure, or in any combination of semi-attached or attached structures (including semi-attached Dwellings, Town Houses, and Row Houses) is three (3).

2.

Row House Residential ("RH") Subdistricts. The Row House Residential ("RH") Subdistricts are established to preserve, maintain, and promote the existing fabric of row house neighborhoods by allowing row houses as the sole housing type.

3.

Multifamily Residential ("MFR") Subdistricts. The Multifamily Residential ("MFR") Subdistricts are established to encourage medium density multifamily areas with a variety of allowed housing types, including one-two- and three-family Dwellings, Row Houses, Town Houses, and Multifamily Dwellings.

(Text Amd. No. 465, § 1, 11-7-2023.)

Within the Residential Subdistricts, no land or Structure shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in said Table A of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table A is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table A for the proposed location of such use is forbidden in such location.

1.

Basement Units: Notwithstanding any contrary provision of this Article or Code, Dwelling Units in Basements are forbidden in the Charlestown Neighborhood District.

2.

Additional Dwelling Unit. Within the Charlestown Neighborhood District, an Additional Dwelling Unit, as defined in Section 2-1, shall be subject to the Use Regulations set forth in Table A of this Article; however said Additional Dwelling Unit shall be an Allowed Use where it may otherwise be Conditional or Forbidden provided that it is the addition of no more than one (1) dwelling unit to the existing structure; and shall be exempt from all requirements of this Code provided that the Additional Dwelling Unit does not involve any bump out, extension or construction to the existing envelope of the structure which results in the addition of Gross Floor Area and that the residential structure to which the conversion is occurring is owner-occupied and registered in accordance with Ch. 9-1.3 of the City of Boston Rental Registry Ordinance at the time of conversion.

(Text Amd. No. 465, § 1, 11-7-2023.)

1.

Lot Area Lot Width Lot Frontage Usable Open Space Yard Building Height and FAR Requirements. The minimum Lot Area, Lot Width, Lot Frontage, Usable Open Space per Dwelling Unit, Front Yard, Side Yard, and Rear Yard required for any Lot in a Residential Subdistrict, and the maximum allowed Building Height and Floor Area Ratio for such Lot, are set forth in Table C of this Article.

2.

Lot Frontage. Within the Three-Family Residential ("3F") Subdistricts, and Row House (RH) Subdistricts, every Lot shall have a minimum frontage on a Street not less than the minimum Lot Width specified in Table C of this Article for such Lot, and, in addition, each Detached Dwelling, Semi-Attached Dwelling, Row House Building, and Town House Building on a Lot shall have a minimum frontage on a Street not less than such minimum Lot Width.

3.

Location of Main Entrance. Within the Residential Subdistricts, the main entrance of a Dwelling shall face the Front Lot Line.

4.

Location of Garage Entrance. Within the Residential Subdistricts, a motor vehicle entrance to a garage shall not face a Front Lot Line or a Rear Lot Line facing a public street.

(Text Amd. No. 465, § 1, 11-7-2023.)

This Section 62-8 establishes Mixed-Use Subdistricts within the Charlestown Neighborhood District. The purpose of the Mixed-Use Subdistricts is to promote a dynamic blend of residential, commercial, and recreational spaces, fostering economic growth while meeting community needs. These subdistricts serve as vibrant economic centers that promote active street life and public realm.

(Text Amd. No. 465, § 1, 11-7-2023.)

Within the Mixed-Use Subdistricts, no land or structure shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in Table B of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table B is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table B for the proposed location of such use is forbidden in such location.

(Text Amd. No. 465, § 1, 11-7-2023.)

The dimensional regulations applicable in Mixed-Use Subdistricts are set forth in Table D of this Article.

(Text Amd. No. 465, § 1, 11-7-2023.)

This Section 62-11 establishes Neighborhood Shopping Subdistricts within the Charlestown Neighborhood District. The purpose of the Neighborhood Shopping ("NS") Subdistricts is to provide convenience goods and services to the larger neighborhood, and encourage the development of neighborhood businesses that provide essential goods and services as well as jobs and entrepreneurial opportunities for the Charlestown community.

(Text Amd. No. 465, § 1, 11-7-2023.)

Within the Neighborhood Business Subdistricts, no land or structure shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in Table B of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table B is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table B for the proposed location of such use is forbidden in such location.

(Text Amd. No. 465, § 1, 11-7-2023.)

The dimensional regulations applicable in Neighborhood Shopping Subdistricts-are set forth in Table D of this Article.

This Section 62-14 establishes Open Space ("OS") Districts and Subdistricts in the Charlestown Neighborhood District. The purpose of the Open Space Districts and Subdistricts is to enhance the quality of life for Charlestown's residents by protecting open space resources. Any Lot within any Open Space District or Subdistrict is subject to the applicable provisions of this Code, including without limitation Article 33 (Open Space Subdistricts). The Open Space Districts and Subdistricts designated in the Charlestown Neighborhood District are listed in Table 1 of this Section 62-14 and are of the following types:

1.

Cemetery Open Space (OS-CM) Subdistrict. Cemetery Open Space Subdistricts are designated for interment uses, and are subject to provisions of Section 33-14.

2.

Community Garden Open Space (OS-G) Subdistrict. Community Garden Open Space Subdistricts shall consist of land appropriate for the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, and are subject to the provisions of Section 33-8.

3.

Parkland Open Space (OS-P) Subdistrict. Parkland Open Space Subdistricts shall consist of land appropriate for passive recreational uses, including walkways, picnic areas, and sifting areas. Such land may include Vacant Public Land. Parkland Open Space Subdistricts are subject to the provisions of Section 33-9.

4.

Recreation Open Space (OS-RC) Subdistrict. Recreation Open Space Subdistricts shall consist of land appropriate for active or passive recreational uses, including walkways, physical education areas, children's play areas, swimming pools, skating rinks, and sporting areas, or a combination thereof. Recreation Open Space Subdistricts are subject to the provisions of Section 33-10.

5.

Urban Plaza Open Spaces (OS-UP) Subdistrict. Urban Plaza Open Space Subdistricts shall consist of land appropriate for passive recreational uses; and are subject to the provisions of Section 33-15.

TABLE 1 Open Space Districts and Subdistricts in the Charlestown Neighborhood District

(Text Amd. No. 465, § 1, 11-7-2023.)

This Section 62-15 establishes Local Industrial ("LI") Subdistricts within the Charlestown Neighborhood District. The purpose of Local Industrial Subdistricts is to encourage the preservation of the existing manufacturing and industrial base in a manner that is sensitive to and preserves the quality of life of the surrounding neighborhoods, and to encourage the development of new job opportunities within the Charlestown Neighborhood District.

(Text Amd. No. 465, § 1, 11-7-2023.)

Within the Local Industrial Subdistricts, no land or Structure shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in Table B of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table B is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table B for the proposed location of such use is forbidden in such location.

(Text Amd. No. 465, § 1, 11-7-2023.)

The dimensional regulations applicable in Local Industrial Subdistrict are set forth in Table D of this Article.

(Text Amd. No. 465, § 1, 11-7-2023.)

This Section 62-18 establishes the Neighborhood Design Overlay District ("NDOD") as an overlay to certain subdistricts within the Charlestown Neighborhood District. The Neighborhood Design Overlay District is established to protect the existing scale, quality of the pedestrian environment, character of the residential neighborhoods, and concentrations of historic buildings within the Neighborhood Design Overlay Districts.

For applicability of the Design Component of Small Project Review to Proposed Projects in Neighborhood Design Overlay Districts, see Article 80. All use, dimensional, and other provisions applicable to the underlying subdistricts are applicable within the Neighborhood Design Overlay District.

(Text Amd. No. 465, § 1, 11-7-2023.)

Planned Development Area ("PDAs"), as described in Section 3-1A.a, are permitted within the Local Industrial Subdistricts, the Mixed-Use Subdistricts, the Commercial Subdistricts, and the Neighborhood Shopping 1 Subdistrict (NS-1). The boundaries of the areas where PDAs are permitted are depicted on Map 2E, Charlestown Neighborhood District. PDAs are not permitted elsewhere in the Charlestown Neighborhood District.

The purposes of establishing PDA-eligible areas are to provide for a more flexible zoning law; to provide public benefits to the Charlestown community and implement the recommendations of the PLAN: Charlestown including, but not limited to, mobility and access improvements; housing supply diversification, particularly affordable housing and housing near public transit; job opportunity growth; and quality urban form, new open space, and public realm improvements through planning and design controls.

(Text Amd. No. 465, § 1, 11-7-2023.)

1.

Use Regulations. A Proposed Project within a PDA shall comply with the use regulations applicable to the underlying subdistrict for the location of the Proposed Project, except as those regulations are expressly modified by an approved Development Plan.

2.

Dimensional Regulations. The dimensional requirements for a Proposed Project within a PDA shall be as set forth in the applicable approved Development Plan, provided that the Building Height, Floor Area Ratio (FAR), and Permeable Area of Lot for such Proposed Project shall comply with the requirements set forth in Table 2, of this Section 62-20.

TABLE 2 Planned Development Areas': Maximum Building Heights, Floor Area Ratios, and Minimum Permeable Area of Lot

*The 150-foot height limit shall apply only in the area that is west of a line drawn parallel to and 200 feet west of Rutherford Avenue.

**The 280-foot height limit shall apply only in the area that is west of a line drawn parallel to and 400 feet west of Rutherford Avenue.

+The 90-foot height limit shall apply only in the area to the south of Cambridge Street.

++For projects containing a residential use, see Section 62.21.

(Text Amd. No. 465, § 1, 11-7-2023.)

Projects containing a residential use in PDA I, PDA VI, PDA VII, and PDA X are eligible for a 1.0 increase to the maximum FAR for the area.

For projects containing a mix of residential and non-residential uses above the ground floor, the residential FAR bonus is pro-rated according to the equation shown in this Section 62-21.

(Text Amd. No. 465, § 1, 11-7-2023.)

See Article 80 concerning the applicability of Planned Development Area Review to the approval of PDA Development Plans, PDA Master Plans, and Proposed Projects in Planned Development Areas.

(Text Amd. No. 465, § 1, 11-7-2023.)

The Boston Redevelopment Authority may approve a Development Plan for a Proposed Project as meeting the requirement of Section 80C-4 (Standards for Planned Development Area Review) for compliance with the applicable planning and development criteria of this Article if the Development Plan proposes a plan for public benefits, including two or more of the following: (a) significant mobility improvements through the addition of, but not limited to, streets, sidewalks, and bike lanes; or (b) improvements to existing open space or the creation of new open space, particularly parks; (c) preservation of historically significant buildings through adaptive reuse;(d) provision of affordable housing exceeding that which is required by city policy; (e)diversification and expansion of Charlestown's economy and job opportunities through economic activity, such as private investment in commercial and cultural uses, or research and development. The selected public benefits should advance the goals detailed in PLAN: Charlestown.

(Text Amd. No. 465, § 1, 11-7-2023.)

1.

Applicability of Design Review. To ensure that growth in the Charlestown Neighborhood District is compatible with the character of the buildings and urban design features of the neighborhood, design review is required for certain Proposed Projects through Large Project Review (Urban Design Component) or Small Project Review (Design Component), pursuant to Article 80 of this Code.

To determine whether a Proposed Project is subject to Large Project Review, see Section 80B-2 (Applicability of Large Project Review).

To determine whether a Proposed Project is subject to Small Project Review, see Section 80E-2.1 (Applicability of Small Project Review: Design Component).

2.

Design Guidelines. The Design Guidelines for the Charlestown Neighborhood Districts are set forth in PLAN: Charlestown.

(Text Amd. No. 465, § 1, 11-7-2023.)

In the Charlestown Neighborhood District, no roofed structure designed or used for human occupancy, access (except as allowed in the following paragraph), or storage, and no roof structure, headhouse, or mechanical equipment normally built above the roof and not designed or used for human occupancy, shall be erected or enlarged on the roof of an existing building, if such construction relocates or alters the profile and/or configuration of the roof or mansard, unless after public notice and hearing and subject to Sections 6-2, 6-3, and 6-4, the Board of Appeal grants a conditional use therefore.

An open roof deck may be erected on the main roof of a building with a flat roof or a roof with a slope of less than five (5) degrees, provided that (a) such deck is less than one (1) foot above the highest point of such roof; (b) the total height of the building, including such deck, does not exceed the maximum building height allowed by this Article for the location of the building; (c) access is by roof hatch or bulkhead no more than thirty (30) inches in height above such deck, unless after public notice and hearing and subject to Sections 6-2, 6-3, and 6-4, the Board of Appeal grants permission for a stairway headhouse; and (d) an appurtenant hand rail, balustrade, hatch, or bulkhead is set back horizontally, one (1) foot for each foot of height of such appurtenant structure, from a roof edge that faces a street more than twenty (20) feet wide.

(Text Amd. No. 465, § 1, 11-7-2023.)

In order to enhance the appearance of the Charlestown Neighborhood District and to ensure that its commercial, industrial, and community facilities subdistricts are appropriately separated from adjacent areas, the screening and buffering requirements of this Section 62-27 shall apply to those Proposed Projects described in this Section 62-27, except where provisions for adequate screening and buffering have been established for a Proposed Project through Large Project Review or Small Project Review, pursuant to Article 80. The provisions of Article 6A shall apply to the provisions of this Section 62-27.

1.

Screening and Buffering Along Property Lines Abutting Public Streets, Public Parks, and Certain Subdistricts and Uses. Where any Lot line of a Proposed Project located in a Neighborhood Business Subdistrict abuts (a) a public park, or (b) a Residential Subdistrict or Residential Use, and where any Lot line of a Proposed Project located in a Local Industrial Subdistrict abuts (a) a public street, (b) a public park, (c) a Residential Subdistrict or Residential Use, or (d) a Neighborhood Business Subdistrict, such Proposed Project shall provide and maintain, along each Lot line abutting such street, park, subdistrict or use, a strip of shrubs and trees densely planted along the inside edge of a wall or heavy duty fence. Trees may be planted without shrubs along the inside edge of a solid wall or of a stockade or board type wooden fence that is constructed to be at least sixty percent (60%) opaque.

The width of the planting strip shall be appropriate for the species and quantities of plant materials necessary to provide adequate screening, but shall in no event be less than five (5) feet wide. Along a Lot line abutting a public street or public park, the height of the fence or wall shall be no less than three (3) feet and no more than four (4) feet above Grade. Along a Lot line abutting a Residential Subdistrict, Residential Use, or Neighborhood Business Subdistrict, the height of the fence or wall shall be no less than four (4) feet and no more than seven (7) feet above Grade. If the planting strip abuts a parking area, a curb six (6) inches in height shall separate the landscaped area from the parking area.

2.

Screening and Buffering of Parking, Loading, and Storage Areas. Any off-street parking facility or lot, off-street loading area, or accessory storage area that abuts (a) a public street, (b) a public park, (c) a Residential Subdistrict or Residential Use, or (d) in the case of a Lot located in a Local Industrial Subdistrict, a Neighborhood Business Subdistrict, shall ¹ be screened from view as provided in this Section 62-27.2. Such -screening shall consist of trees and shrubs densely planted in a strip at least five (5) feet wide on the inside edge of a steel-picket or stockade or board-type wooden fence. Such fence shall not be more than fifty percent (50%) opaque and shall be no less than three (3) feet and no more than four (4) feet high. The planting strip shall be separated from any parking area by a curb six (6) inches in height.

Any material or equipment stored outdoors to a height greater than four (4) feet above Grade shall be surrounded by a wall or fence or vegetative screen of such height, not less than six (6) feet high, as may be necessary to screen such material or equipment from view from any public street or public open space.

3.

Screening of Disposal Areas and Certain Equipment. Disposal areas, dumpsters, and ground mounted mechanical equipment that abut (a) a public street, (b) a public park, (c) a Residential Subdistrict or Residential Use, or (d) in the case of a Lot located in a Local Industrial Subdistrict, a Neighborhood Business Subdistrict, shall be screened from view as provided in this Section 62-27.3, except that no additional screening shall be required if the disposal area, dumpster, or ground mounted mechanical equipment is located within a Lot where screening is required along Lot lines pursuant to Section 62-27.1. Disposal areas and dumpsters shall be screened with an opaque wall or fence at least six (6) feet high or by vegetation. Ground-mounted mechanical equipment shall be screened with an opaque wall or fence sufficiently high to provide effective screening.

(Text Amd. No. 465, § 1, 11-7-2023.)

The provisions of this Section 62-28 shall apply to all Proposed Projects except to the extent that sign requirements have been established through Large Project Review or Smail Project Review, pursuant to Article 80.

1.

Sign Regulations Applicable in Residential Subdistricts, and Open Space Subdistricts. In all Residential Subdistricts and Open Space Subdistricts, there shall not be any Sign except as provided in Article 11 for Signs in residential districts.

2.

Sign Regulations Applicable in All Subdistricts Other Than Residential and Open Space Subdistricts. In all subdistricts other than Residential Subdistricts and Open Space Subdistricts, there shall not be any Sign except as provided in Article II for Signs outside residential districts and as provided in this Section 62-28. Notwithstanding any provision of Section 11-2 to the contrary, the following regulations shall apply:

(a)

Signs Parallel to Building Wall. For Signs parallel to a Building wall, including Signs painted on or affixed to awnings, canopies, marquees, security grate housings, or other Building projections, but not including Signs on windows above the first floor, free-standing Signs, directional Signs, and public purpose Signs listed in items (g) through (k) of Section 11-1, the total Sign Area, in square feet, shall not exceed the lesser of the Sign Frontage multiplied by two (2), or forty-five (45) square feet. No such Sign shall measure more than thirty (30) inches from top to bottom. No part of any such Sign shall be located less than two (2) feet from either edge of the Building wall to which such Sign is parallel, provided that, if the Sign Frontage is shorter than the length of such Building wall, no part of any such Sign shall be located less than two (2) feet from either end of that portion of such Building wall that is used to measure the Sign Frontage.

The bottom of any such Sign should be at least eight (8) feet above Grade. Where the Building wall includes a Sign band, Signs parallel to such wall should be located within such band whenever practicable.

(b)

Signs Attached at Right Angles to Building. A Sign attached at right angles to a Building shall not have a Sign Area in excess of four (4) square feet on either face; except that an additional four (4) square feet on each face is allowed for a Sign that incorporates a public, service message device, such as a time and temperature Sign, provided such public service message device operates no less than seventy-five percent (75%) of every hour.

(c)

Free-standing Signs. Free-standing Signs shall be permitted only for Gasoline Stations and conditional for all other uses. Where such free-standing Signs are permitted, there shall be only one (1) free-standing Sign on a Lot. Such free-standing Sign shall not have a Sign Area in excess of: (i) fifteen (15) square feet, if there is one use on the Lot, or (ii) thirty (30) square feet, if there are two or more uses on the Lot. The bottom of such Sign shall not be higher than ten (10) feet above Grade nor lower than eight (8) feet above Grade, and the top of such Sign shall not be higher than eighteen (18) feet above Grade.

(d)

Billboards. Any billboard, signboard, or other advertising subject to the provisions of Section 11-6, except those legally in existence as of the effective date of this Article, is forbidden in the Charlestown Neighborhood District.

(e)

Total Sign Area. The total Sign Area, in square feet, of all permanent Signs, except for signs on windows above the first floor, directional signs, and public purpose signs listed in items (g) through (k) of Section 11-1, shall not exceed the Sign Frontage multiplied by two (2).

(f)

Display of Permit Number and Posting Date. Each permanent Sign, including any Sign painted on or affixed to an awning, canopy, or marquee, shall display the Sign's building permit number clearly but unobtrusively, in letters and numbers not exceeding one (1) inch in height. Temporary signs shall display the date of posting.

(Text Amd. No. 465, § 1, 11-7-2023.)

For any Proposed Project that is subject to or has elected to comply with Large Project Review, any required off- street parking spaces and off-street loading facilities shall be determined through such review in accordance with the provisions of Article 80. For all other Proposed Projects, the minimum required off-street parking spaces, if any, -are as set forth in Table E, and the minimum required off-street loading spaces are as set forth in Table F.

1.

Outdoor Uses. For the purpose of computing required off-street parking spaces, where a main use on a Lot is an open-air use not enclosed in a Structure, the area of the part of the Lot actually devoted to such open-air use shall constitute floor area.

2.

Pre-Code Structures. If a Structure existing on the effective date of this Article is altered or extended so as to increase its gross floor area or the number of dwelling units, only the additional gross floor area or the additional number of dwelling units shall be counted in computing the offstreet parking facilities required.

3.

Mixed Uses. If a Lot includes multiple uses, then the required number of off-street parking spaces for such Lot shall be the total of the required number of off-street parking spaces for each use, and the required number of off-street loading spaces for such Lot shall be the total of the required number of off-street loading spaces foreach use .

4.

Location.

(a)

Off-street parking and loading spaces shall not be located in any part of a landscaped area required by this Article or in any part of a Front Yard, except as specifically provided in this Section 62-29. If a Lot is located in a Residential Subdistrict, a total of two (2) accessory parking spaces serving residential uses on such Lot may be located in that portion of the Front Yard that lies between the side yard and the Front Lot Line, provided that the total width of such Front Yard area used for parking does not exceed ten (10) Feet.

(b)

Except in the case of a Lot serviced by a common parking facility, the off-street parking facilities required by this Section 62-29 shall be provided on the same Lot as the main use to which they are accessory; provided, however, that if the Board of Appeal shall be of the opinion that this is impractical with respect to a particular Lot, said Board, after public notice and hearing and subject to the provisions of Sections 6-2, 6-3, and 6-4, may grant permission for such facilities to. be on another Lot in the same ownership where the main use on a Lot is for Residential Uses, and the other Lot is within four hundred (400) feet of that Lot.

(c)

After public notice and hearing and subject to the provisions of Sections 6-2, 6-3 and 6-4, the Board of Appeal may grant permission for a common parking facility cooperatively established and operated to service two or more uses of the same or different types; provided that there is a permanent allocation of the requisite number of spaces for each use, and that the total number of spaces is not less than the aggregate of the number of spaces required for each use, unless the Board of Appeal determines that a reduction in the total number of required off- street parking spaces is appropriate because shared parking arrangements, in which parking spaces are shared by different uses for which peak parking use periods are not coincident, will adequately meet the parking demand associated with the Proposed Project.

3.

Design. All off-street parking facilities provided to comply with this Article shall meet the following specifications:

(a)

Such facilities shall have car spaces to the number specified by this Article, maneuvering areas and appropriate means of vehicular access to a street, and shall be so designed as not to constitute a nuisance or a hazard or unreasonable impediment to traffic. Such facilities shall be Accessible to physically disabled persons. All lighting for such facilities shall be arranged so as to shine downward and away from streets and residences.

(b)

Such facilities, whether open or enclosed in a structure, shall be so graded, surfaced, drained, and maintained as to prevent water and dust therefrom from going upon any street or another lot.

(c)

Such facilities shall not be used for automobile sales, dead storage, or repair work, dismantling, or servicing of any kind.

(d)

Fifty percent (50%) of the provided spaces may be no less than seven (7) feet in width and eighteen (18) feet in length, and the remainder shall be no less than eight and one half (8-/2) feet in width and twenty (20) feet in length, in both instances exclusive of maneuvering areas and access drives.

(e)

The width of a curb cut for a driveway in a Residential Subdistrict shall be limited to no more than 12 feet.

(f)

The width of a curb cut for a driveway in all other Subdistricts shall be limited to no more than 24 feet.

6.

Maintenance. All off-street parking facilities provided to comply with this Article shall be maintained exclusively for the parking of motor vehicles so long as a use requiring them exists. Such facilities shall be used in such a manner as at no time to constitute a nuisance or a hazard or unreasonable impediment to traffic.

(Text Amd. No. 465, § 1, 11-7-2023.)

1.

Conformity with Existing Building Alignment. If at any time in the same Block as a Lot required by this Article to have a minimum Front Yard there exist two or more Buildings fronting on the same side of the same Street as such Lot, the Front Yard depth can either be the minimum Front Yard depth specified in this Article or the Front Yard depth in conformity with the Existing Building Alignment of the Block. This provision is only applicable to Residential Subdistricts.

2.

Traffic Visibility Across Corner. Whenever a minimum Front Yard is required and the Lot is a Corner Lot, no Structure or planting interfering with traffic visibility across the corner, or higher, in any event, than two and one-half (2½) feet above the curb of the abutting Street, shall be maintained within that part of the required Front Yard that is within the triangular area formed by the abutting side lines of the intersecting Streets and a line joining points on such lines thirty (30) feet distant from their point of intersection.

3.

Front Wall of Building Not Parallel to Front Lot Line. If the front wall of a Building is not parallel to the Front Lot Line, but the average distance between such wall and such Lot Line is no less than the minimum Front Yard depth otherwise required by this Article, and the distance between such wall and such Lot line is at no point less than three-fourths (¾) of the minimum Front Yard depth so otherwise required, the Front Yard requirements of this Article shall be deemed to be met.

4.

Special Provisions for Corner Lots. If a Lot abuts more than one Street, the requirements for Front Yards shall apply along every Street Line except as otherwise provided in this Section 62-30. The Front Yard requirements of this Article, and not the Side Yard requirements, shall apply to that part of a side Lot line that is also a Street Line extending more than one hundred (100) feet from the intersection of such line with another Street.

5.

Side Wall of Building Not Parallel to Side Lot Line. If the side wall of a Building is not parallel to the side Lot line nearest to it, but the average distance between such wall and such Lot line is no less than the minimum Side Yard width otherwise required by this Article, and the distance between such wall and such Lot line is at no point less, in the case of a side Lot line that is not also a Street Line, than three-fourths (¾) of the minimum Side Yard width so otherwise required, and in the case of a side Lot line that is also a Street Line, than one-half (½) of the minimum Side Yard width so otherwise required, the Side Yard requirements of this Article shall be deemed to be met.

6.

Side Yards of Certain Narrow Lots. For each full foot by which a Lot existing at the time this Article takes effect is narrower than (i) the minimum Lot Width specified for such Lot in this Article, or (ii) fifty (50) feet if no minimum Lot Width is so specified, a deduction of one and one-half (1½) inches shall be made from the width otherwise required by this Article for each Side Yard of such Lot; provided that in no event shall either Side Yard of any such Lot be less than five (5) feet wide. No Side Yard in which there is a driveway providing access to off-street parking or off-street loading facilities required by this Article shall be less than ten (10) feet wide.

7.

Accessory Buildings in Side-or Rear Yard. Accessory Buildings may be erected in a Side or Rear Yard; provided that no such Accessory Building is more than fifteen (15) feet in height, or nearer than four (4) feet to any side or rear Lot line, or closer than sixty-five (65) feet to the front Lot line.

8.

Rear Wall of Building Not Parallel to Rear Lot Line. If the rear wall of a Building is not parallel to the Rear Lot Line, and the Rear Lot Line is not also a Street Line, but the average distance between such wall and such Lot Line is no less than the minimum Rear Yard depth otherwise required by this Article, and the distance between such wall and such Lot line is at no point less than three-fourths (¾) of the minimum Rear Yard depth so otherwise required, the Rear Yard requirements of this Article shall be deemed to be met.

9.

Rear Yards of Through Lots. The Front Yard requirements of this Article, and not the Rear Yard requirements, shall apply to that part of a Rear Yard that is also a Street Line, except in the case of a Rear Yard that abuts a Street less than twenty (20) feet in width.

10.

Rear Yards of Certain Shallow Lots. For each full foot by which a Lot existing at the time this Article takes effect is less than seventy-five (75) feet deep, six (6) inches shall be deducted from the depth otherwise required by this Article for the Rear Yard of such Lot; provided that in no event shall the Rear Yard, of any such Lot be less than fifteen (15) feet deep.

11.

Underground Encroachments in Yards. Any garage or other accessory Structure erected underground within any Rear Yard or Side Yard required by this Article, including the piers, railings, and parapets of such Structure, shall not extend more than five (5) feet above Grade.

12.

Two or More Dwellings on Same Lot. Where a Dwelling (other than a temporary Dwelling) designed for occupancy or occupied by one or more families is on the same Lot as, and to the side of, another Dwelling or other Main Building, the distance between such Dwelling and such other Dwelling or Main Building shall be not less than twice the minimum Side Yard depth required by this Article for such other Dwelling or Main Building; and the requirements of this Article with respect to Lot Area, Lot Width, Lot Frontage, Usable Open Space, Front Yard, Rear Yard, and Side Yards shall apply as if such, Dwelling were on a separate Lot. A Dwelling shall not be built to the rear of another Dwelling, Accessory Building, or Main Building. After public notice and hearing and subject to the provisions of Section 6-2, the Board of Appeal may grant permission for a variation from the requirements of this Section 62-30.12 if it finds that open space for all occupants, and light and air for all rooms designed for human occupancy, will not be less than would be provided if the requirements of this Section 62-30.12 were met.

13.

Two or More Buildings on One Lot. If on one Lot there are two or more Main Buildings other than Dwellings, including temporary Dwellings, the yard requirements of this Article shall apply at each actual Lot line and not as if each Building were on a separate Lot.

(Text Amd. No. 465, § 1, 11-7-2023.)

A Building or use existing on the effective date of this Article and not conforming to the applicable dimensional requirements specified in other provisions of this Article may nevertheless be altered or enlarged, provided that such nonconformity is not increased and that any enlargement itself conforms to such dimensional requirements.

(Text Amd. No. 465, § 1, 11-7-2023.)

The Boston Redevelopment Authority may promulgate regulations to administer this Article.

(Text Amd. No. 465, § 1, 11-7-2023.)

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

Words and phrases in this Article have the meanings set forth in Article 2.

(Text Amd. No. 465, § 1, 11-7-2023.)

The following tables are hereby made part of this Article:

Tables A—B Use Regulations

A Residential Subdistricts

B Neighborhood Shopping Subdistricts

Local Industrial Subdistricts

Mixed-Use Subdistricts

Tables C—D Dimensional Regulations

C Residential Subdistricts

D Mixed-Use Subdistricts

Neighborhood Shopping Subdistricts

Local Industrial Subdistricts

Tables E—F Parking and Loading Regulations

E Off-Street Parking

F Off-Street Loading

(Text Amd. No. 465, § 1, 11-7-2023.)