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

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

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

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

See Table Note (1)

See Table Footnote (1)

See Table Footnote: (1)

See Table Footnote: (1)

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

(Text Amd. No. 370, § 2, 7-14-11)

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

(Text Amd. No. 370, § 2, 7-14-11; Text Amd. No. 444, § 9, 1-10-2020)

See Table Footnote: (5)

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

See Table Footnotes: (6), (17)

(Text Amd. No. 370, § 2, 7-14-11)

See Table Footnotes: (9), (10), (11)

See Table Footnotes: (10), (11)

See Table Footnotes: (10), (11)

In each subdistrict of the Fenway 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 A 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. 370, § 2, 7-14-11; Text Amd. No. 464, §§ 3n., 3o., 11-8-2023; Text Amd. No. 471, § 14c., 4-3-2024.)

1.

Notes regarding Institutional Uses. The Institutional 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 is the pertinent Institutional Use. To determine whether the substitution of a single 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.

Provided that, where such use is located in an area where Residential Uses are permitted: (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.

3.

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.

4.

Where located within a cemetery; otherwise, forbidden.

5.

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

6.

Where designated "A" or "C," provided that Dwelling Units are forbidden in Basements.

7.

Provided that, where such use is designated "C," such Structure shall be removed from the Lot no later than six (6) months from the date the Structure is placed on the Lot; otherwise forbidden.

8.

Small: total gross floor area not exceeding one thousand (1,000) square feet per Restaurant. Large: total gross floor area exceeding one thousand (1,000) square feet per Restaurant.

9.

Where a Retail Use is designated "A," any single such use located on a ground floor shall be conditional if its total Gross Floor Area exceeds thirty-five thousand (35,000) square feet, provided that, in the case of a supermarket, such use shall be conditional only if its total Gross Floor Area exceeds fifty thousand (50,000) square feet.

10.

Where a Retail, Service, or Trade Use is designated "A," this use shall be conditional if merchandise is sold or displayed out-of-doors or if such establishment is open to the public at any point between midnight and 6:00 a.m.

11.

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

12.

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) or more gallons of flammable liquids or ten thousand (10,000) or more cubic feet of gases.

13.

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.

14.

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

15.

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)

16.

Where designated "A", such use shall be conditional if there is any outdoor rooftop expansion of outdoor rooftop dining, seating and/or outdoor rooftop standing area.

17.

For Additional Dwelling Units, see Section 66-8. (Text Amd. No. 370, § 1, 7-14-11; Text Amd. No. 440, § 14B., 5-8-2019.)

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

(Text Amd. No. 370, § 4, 7-14-11)

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

(Text Amd. No. 370, § 4, 7-14-11; Text Amd. No. 444, § 9, 1-10-2020)

See Table Footnote: (8)

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

See Table Footnotes: (9), (23)

(Text Amd. No. 370, § 4, 7-14-11)

See Table Footnotes: (12), (13)

See Table Footnote: (13)

See Table Footnote: (13)

In each subdistrict of the Fenway 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 B, 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. 370, § 4, 7-14-11; Text Amd. No. 464, §§ 3n., 3o., 11-8-2023; Text Amd. No. 471, § 14c., 4-3-2024.)

1.

Notes regarding Institutional Uses. The Institutional 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 is the pertinent Institutional Use. To determine whether the substitution of a single 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.

Provided that such use shall (a) be conditional to the extent that it exceeds forty percent (40%) of the Gross Floor Area of any Building, and (b) not include any High Impact Subuses, which are forbidden.

3.

Provided that, where such use is located in an area where residential uses are permitted: (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.

4.

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.

5.

Where designated "A," such hotel use shall be conditional to the extent that the hotel contains more than two hundred (200) rooms.

6.

Where designated "A," such office use shall be conditional in the North and South Boylston Streets NS subdistricts to the extent that it exceeds forty percent (40%) of the Gross Floor Area of any Building.

7.

Except that such use shall be allowed in the North Boylston Neighborhood Shopping District.

8.

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

9.

Provided that Dwelling Units are forbidden in Basements.

10.

Provided that where such use is designated "C," such structure shall be removed from the lot no later than six months from the date the structure is placed on the lot; otherwise forbidden.

11.

Small: total gross floor area not more than two thousand, five hundred (2,500) square feet per restaurant in a Neighborhood Business Subdistrict, or one thousand (1,000) square feet per restaurant in a Cultural Facilities Subdistrict. Large: total gross floor area exceeding two thousand, five hundred (2,500) square feet per restaurant in a Neighborhood Business Subdistrict, or one thousand (1,000) square feet per restaurant in a Cultural Facilities Subdistrict.

12.

Where designated "A," provided that such use, if located on a ground floor, shall be conditional if its total Gross Floor Area exceeds thirty thousand (30,000) square feet in a NS subdistrict or thirty-five thousand (35,000) square feet in a CC subdistrict. In the case of a supermarket, such use shall be conditional only if its total Gross Floor Area exceeds fifty thousand (50,000) square feet.

13.

Where a Retail, Service or Trade Use is designated "A," this use shall be conditional if merchandise is sold or displayed out-of-doors or if such establishment is open to the public at any point between midnight and 6:00 a.m.

14.

Where designated "A," provided that any Proposed Project for a General Retail Business shall be conditional if it: (a) establishes an occupancy for a General Retail Business having a gross floor area of seventy-five thousand (75,000) or more square feet; or (b) changes the use of seventy-five thousand (75,000) or more square feet of gross floor area to General Retail Business; (c) enlarges a General Retail Business so as to increase its gross floor area by seventy-five thousand (75,000) or more square feet.

15.

Provided that all storage of beverage containers shall be located entirely within a Building, and provided further that such use shall be forbidden within fifty (50) feet of any Residential District or Subdistrict, or Open Space District or Subdistrict.

16.

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) or more gallons of flammable liquids or ten thousand (10,000) or more cubic feet of gases.

17.

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 one month; otherwise, forbidden.

18.

Where such use is designated "A," except conditional in a Rear Yard abutting a Residential Subdistrict.

19.

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.

20.

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

21.

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)

22.

Where designated "A", such use shall be conditional if there is any outdoor rooftop expansion of outdoor rooftop dining, seating and/or outdoor rooftop standing area.

23.

For Additional Dwelling Units, see Section 66-8. (Text Amd. No. 370, § 4, 7-14-11; Text Amd. No. 440, § 14B., 5-8-2019.)

1.

The minimum usable open space requirement is applicable only to Residential Uses and Dormitory/Fraternity Uses.

For any lot that exceeds the minimum lot area specified in this Table C, the required number of square feet of usable open space per dwelling unit shall be calculated by adding: (a) the minimum usable open space per dwelling unit specified in this Table C, and (b) twenty-five percent (25%) of the lot area in excess of the required minimum lot area specified in this Table C for the lot.

All or a portion of the usable open space requirement may be met by unenclosed porches (with or without roofs) or by suitably designed and accessible space on the roofs of Main Buildings, or on the roofs of Accessory Buildings.

2.

See Section 66-43.2 (Conformity with Existing Building Alignment) A bay window may protrude into a Front Yard.

(Text Amd. No. 482, § 17, 7-3-2025)

1.

All dimensional regulations are expressed in units of feet, unless otherwise specified.

2.

The former, more restrictive dimensional regulation shall apply to subdistricts located on the north side of Huntington Avenue; the latter, less restrictive dimensional regulation shall apply to those located on the south side of Huntington Avenue.

3.

See Section 66-39.1, Street Wall Continuity.

4.

In a required front yard, no plaza, terrace or public access to a basement (other than as required by the State Building Code) 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.

5.

Rear Yards are required only in Lots with Rear Lot Lines abutting a Residential Subdistrict. In such Lots, a minimum Rear Yard depth of twenty (20) feet shall be required.

1.

All dimensional regulations are expressed in units of feet, unless otherwise specified.

2.

Provided that, in the North Boylston Neighborhood Shopping Subdistrict, the maximum Building Height shall be ninety-five (95) feet.

3.

In the South Boylston NS-1, North Boylston NS-2, North Boylston NS-3, South Boylston NS-3, and Brookline Avenue CC Subdistricts. In all other such subdistricts, Street Wall Height shall be consistent with that of the nearest Buildings that constitute portions of the pertinent Street Wall, including the Buildings, if any, to either side along the pertinent Street. Where such Building Heights are inconsistent, Street Wall Height shall be consistent with the average Building Height among such Buildings, unless determined otherwise through Article 80 Large or Small Project Review.

4.

In a Neighborhood Business Subdistrict, all or a portion of the usable open space requirement may be met by unenclosed porches (with or without roofs) or by suitably designed and accessible space on the roofs of Main Buildings, or on the roofs of Accessory Buildings.

5.

See Section 66-39.1, Street Wall Continuity. Within any Lot fronting on Boylston Street, the required setback shall be fifteen (15) feet. Oriel or bay windows may extend up to five (5) feet from the Street Wall plane into the area of such setback from Boylston Street, provided that such windows do not occupy more than 40% of the Street Wall plane. Where practicable, multiple, smaller bays shall be provided rather than a single, continuous projection.

6.

In a required front yard, no plaza, terrace, or public access to a basement (other than as required by the State Building Code) 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.

In a Neighborhood Business Subdistrict, every Front Yard required by this code shall be at grade level along every Lot line on which such yard abuts.

7.

In a Neighborhood Business Subdistrict, 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.

8.

Rear Yards are required only in Lots with Rear Lot Lines abutting a Residential Subdistrict. In such Lots, a minimum Rear Yard depth of twenty (20) feet shall be required.

9.

In a Neighborhood Business Subdistrict, 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.

(Text Amd. No. 374, § 5, 10-24-11; Text Amd. No. 376, § 4, 12-15-11)

1.

The provisions of this Table F shall apply to all Proposed Projects. See Section 66-42 (Off-Street Parking and Loading Requirements). Proposed Projects subject to Large Project Review with Transportation Access Plans that include a Parking Management Element, pursuant to Section 80B-3.1a, shall assess in such Parking Management Element the need for alternative parking options, including car sharing, bicycle parking, and carpool/vanpool parking, as a means of minimizing the number of accessory spaces, promoting a more sustainable pattern of development and efficient use of land, and promoting good design. The following guidelines shall apply in determining the need for alternative parking spaces:

a.

Proposed projects with a gross floor area of 100,000 square feet or more should provide at least two (2) car sharing spaces;

b.

Proposed Projects should provide bicycle parking spaces, in compliance with Boston Transportation Department (BTD) standards, equal to at least 0.5 spaces per Dwelling Unit (see Footnote 2, below), in the case of Residential Uses, or, in the case of other uses, ten percent (10%) of the number of vehicular spaces. Bicycle parking shall include both short- and long-term spaces, as defined by BTD; and

c.

Carpool/vanpool parking spaces should be provided, as needed, in accordance with BTD standards.

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) people, each group of four (4) beds shall constitute a Dwelling Unit.

3.

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, § 17, 7-3-2025)

1.

The provisions of this Table G do not apply to Proposed Projects that are subject to Large Project Review. See Section 66-42 (Off-Street Parking and Loading Requirements).