Key: A = Allowed, C = Conditional, F = Forbidden

For definitions of use categories and certain specific uses, see Article 2.

For summary of requirements applicable to Institutional Uses, see Note 1.

See Table Footnote: (1)

See Table Footnote: (1)

(Text Amd. No. 464, §§ 3k., 3l., 11-8-2023.)

(Text Amd. No. 432, § 3, 4-13-2018; Text Amd. No. 459, § A.17., 4-14-2023)

See Table Footnote: (3)

See Table Footnote: (4)

(Text Amd. No. 459, § A.17., 4-14-2023)

See Table Footnote: (5)

See Table Footnote: (8)

See Table Footnote: (8)

See Table Footnote: (8)

See Table Footnote: (14)

In each subdistrict of the Bay Village Neighborhood District, an accessory use ordinarily incident to a lawful main use is allowed, subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), unless such use is (i) specifically forbidden as a main use for such subdistrict in this Table A and (ii) not designated "A" or "C" for such subdistrict in the accessory use table below. In any event, an accessory use shall be subject to the same restrictions, conditions, limitations, provisos and safeguards as the use to which it is accessory.

Text Amd. No. 464, §§ 3n., 3o., 11-8-2023; Text Amd. No. 471, § 14c., 4-3-2024.)

1.

Note regarding Institutional Uses. The Institutional Use categories "College or University Use," "Hospital Use," and "Nursing or Convalescent Home Use," are defined in Article 2 to include subuses (office, parking, etc.) that also appear as main uses in this Table A. If part of an Institutional Use, pursuant to the provisions of this Article and Article 2, any such subuse shall be regulated as the pertinent Institutional Use. To determine whether the substitution of one such subuse for another constitutes a Proposed Institutional Project, and to determine whether a subuse is a High Impact Subuse, see the definition of the pertinent Institutional Use in Article 2.

2.

Where designated "A" or "C," provided that such use is located on the ground floor, or in a basement with a separate entrance; otherwise forbidden.

3.

Where designated "A," provided that: (1) the requirements of St. 1956, c. 665, s.2, where applicable, are met; (2) the use is essential to service in the residential area in which. it is located; and (3) in the case of a pumping station, substation, or automatic telephone exchange, no storage building or yard is maintained in connection with such use.

4.

Provided that any such use shall comply with all the guidelines and standards promulgated by the National Institutes of Health concerning the care and use of laboratory animals.

5.

Provided that Dwelling Units are forbidden in Basements.

6.

Total gross floor area not more than 2,500 square feet per restaurant.

7.

Total gross floor area exceeding 2,500 square feet per restaurant.

8.

Where a Retail, Service or Trade Use is designated "A", it shall be conditional if merchandise is sold or displayed out-of-doors or if such establishment is open to the public after 12 midnight or before 6:00 a.m.

9.

Small: storage of less than thirty thousand (30,000) gallons of flammable liquids or less than ten thousand (10,000) cubic feet of gases; Large: storage of thirty thousand (30,000) gallons or more of flammable liquids or ten thousand (10,000) cubic feet or more of gases.

10.

Provided that such use is more than four (4) feet from every lot line, and in the case of a swimming pool, that it is protected by a fence at least six (6) feet in height with a gate locked from the outside, and that if the pool is within ten (10) feet of a lot line, the fence is concealing to a height of at least six (6) feet.

11.

Provided that any such use shall be subject to the same restrictions, conditions, limitations, provisos and safeguards as the use to which is it ancillary.

12.

Provided that, where such use is designated "A," it shall be conditional in a Rear Yard abutting a Residential Subdistrict.

13.

Where such use is designated "A," or "C," provided that all washing, painting, lubricating, and making of repairs is carried on inside a building that such establishment is sufficiently sound insulated to confine all noise to the lot; that all flashing, fumes, gases, smoke and vapor are effectively confined to the lot; and that there is no outdoor storage of damaged, disabled or unregistered motor vehicles for a period of more than month; otherwise forbidden.

14.

Provided that, where such use is designated "C," any expansion of seating or standing capacity of such use is conditional, and where such use is designated "F," any expansion of seating or standing capacity of such use is forbidden.

15.

Where a Retail, Service or Trade Use is designated "A", it shall be forbidden if such establishment is open to the public after 9:00 p.m. or before 7:00 a.m.

16.

Subject to the limitations of Section 63-6.1 (concerning number of dwelling units allowed in a building in a Row House Residential Subdistrict).

17.

Except, where subject to the Restricted Parking District, such use is conditional when accessory to uses other than Residential Uses, Hotel and Conference Center Uses, or Dormitory and Fraternity Uses; see Section 3-1A.c and Map 1.

18.

Except allowed within fifty (50) feet of the Street Line of Stuart Street; provided that such use is located on the ground floor, or in a basement with a separate entrance.

19.

Except conditional within fifty (50) feet of the Street Line of Stuart Street; provided that such use is located on the ground floor, or in a basement with a separate entrance.

20.

Reserved.

21.

Provided allowed if 2,500 square feet or less. (Text Amd. No. 416, § 26, 7-2-2015)

22.

Cannabis Establishment, provided that any cannabis establishment shall be sited at least one-half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only. (Text Amd. No. 421, § 2, 11-18-16; Text Amd. No. 432, § 3, 4-13-2018)

a.

Applicable only to Residential Uses and Dormitory/Fraternity Uses.

b.

See Section 63-21.1, Conformity with Existing Building Alignment. A bay window may protrude into a Front Yard.

c.

Except 45 feet for structures located: (i) west of Arlington Street, or (ii) within fifty (50) feet of the Street Line of Stuart Street.

1.

In a required front yard, no plaza, terrace or public access to a basement (other than required by the State Building Cod) shall be below the grade of the nearest sidewalk unless, after public notice and hearing and subject to the provisions of Article 6, the Board of Appeal grants a permit therefor.

Every front yard required by this Code shall be at grade level along every lot line on which such yard abuts.

2.

See Section 63-21.1, Conformity with Existing Building Alignment. A bay window may protrude into a Front Yard. e

3.

No side yard is required except in the case of a lot with a side lot line abutting a Residential Subdistrict, which shall have side yards as if it were in such abutting district. Every side yard so required that does not abut a street line shall, along every lot line on which such yard abuts, be at a level no higher than that of the lowest window sill of the lowest room designed for human occupancy or so occupied, and relying upon natural light or natural ventilation from windows opening on such yard.

4.

Every rear yard required by this code that does not abut a street line shall, along every lot line on which such yard abuts, be at a level no higher than the level of the lowest window sill in the lowest room designed for human occupancy or so occupied, and relying upon natural light or natural ventilation from windows opening on such yard.

1.

The provisions of this Table D do not apply to Proposed Projects that are subject to Large Project Review. See Section 63-20 (Off-Street Parking and Loading Requirements).

2.

Where a use is not divided into Dwelling Units:

a.

if sleeping rooms have accommodations for not more than two (2) persons, each group of two (2) sleeping rooms shall constitute a Dwelling Unit;

b.

if sleeping rooms have accommodations for more than two (2) persons, each group of four (4) beds shall constitute a Dwelling Unit.

3.

Any dwelling converted for more families in separate dwelling units must meet not less than one-half the off-street parking requirements of this Table D.

4.

Off-street parking facilities are not required unless more than two car spaces are required by this Table D.

5.

For Dwelling Units qualifying as Affordable Housing, the off-street parking requirement shall be 0.7 parking spaces per Dwelling Unit.

6.

or, in the case of affordable residential housing, no parking shall be required. Affordable residential housing shall be considered to describe those projects where at least 60% of the proposed residential units are at or below 100% of Area Median Income (AMI), as by the U.S. Department of Housing and Urban Development.

Text Amd. No. 482, § 14, 7-3-2025

1.

The provisions of this Table E do not apply to Proposed Projects that are subject to Large Project Review. See Section 63-20 (Off-Street Parking and Loading Requirements).