The purpose of this Article is to establish the zoning regulations for the South Boston Neighborhood District as required by the provisions of the South Boston Waterfront Interim Planning Overlay District, Article 27P of this Code. This Article builds upon the planning that resulted in the Seaport Public Realm Plan and the visioning of the First Street Working Group and the South Boston Community. The visioning built upon the general planning goal of protecting residential uses while encouraging commercial and industrial growth where appropriate. Pursuant to the Seaport Public Realm Plan, First Street is envisioned as a walkable mixed-use residential scale street. Development along First Street will include setbacks to provide additional sidewalk area and street trees, creating a pleasant pedestrian environment. First Street is where residential uses to the south will transition to local commercial and industrial uses to the north. On the south side of First Street, active retail and commercial uses are envisioned on the first floor of the buildings to activate the streetscape and provide services to residents in the area. The north side of First Street is envisioned as a mix of local industrial and commercial uses providing employment in the neighborhood. The goals and objectives of this Article and the Seaport Public Realm Plan are to provide adequate density controls that reflect and protect established residential areas and provide opportunities for growth where appropriate; to protect and promote both the working port and residential uses and provide an appropriate mix of uses that provide a transition from the established residential areas to the working port and local industrial uses that provide jobs to the City's residents; to retain and develop affordable, moderate income, and market rate housing compatible with adjacent areas, particularly for families; to promote the viable neighborhood economy; to preserve, maintain and create open space; to protect the environment and improve the quality of life; to promote the most appropriate use of land; and to promote the public safety, health, and welfare of the people of South Boston.

The provisions of this Article are applicable only in the South Boston Neighborhood District. The boundaries of the South Boston Neighborhood District and its subdistricts are as shown on the map numbered 4F, entitled "South Boston Neighborhood District," of the series of maps entitled "Zoning Districts City of Boston," as amended.

This Article, together with the rest of this Code, constitutes the zoning regulation for the South Boston Neighborhood District. This Article 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. Application of the provisions of Article 27P to the South Boston Neighborhood District is rescinded and the South Boston Waterfront Interim Planning Overlay District shall remain in effect in those areas not governed by this Article. 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 South Boston 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. 471, § 14g., 4-3-2024)

This Article has been developed with the extensive participation of the First Street Planning Working Group, civic associations, business groups, and residents. The role of community participation in determining appropriate land use regulations and zoning is critical to the success of any zoning article or development plan. To continue that process, the Boston Redevelopment Authority shall continue to involve the South Boston civic associations, residents, and business and trade groups in an ongoing role in advising the City on land use planning for South Boston.

The Zoning Commission hereby recognizes the Seaport Public Realm Plan as the planning basis for the South Boston Neighborhood District.

The following additional provisions shall apply to the Waterfront Yard Area requirement:

1.

Waterfront Yard Area Measurements. The depth of the Waterfront Yard Area shall be measured perpendicularly from the High Tide Line in the case of bulkheads, rip rap, fill, or shoreline and from the Ends and Sides of Piers. In locating the Waterfront Yard Area, the actual High Tide Line may be smoothed with such curves and chords as may be accessory to achieve a reasonably regular landward boundary. However, in no instance shall the Waterfront Yard Area be narrower than the required dimension measured perpendicularly from the actual High Tide Line. For the limited purpose of applying the Waterfront Yard Area requirements of this Article, a filled area or a structure consisting of both fill and Pier, projecting seaward of the prevailing shoreline, and having the form of a wharf or Pier, shall be treated as Pier.

2.

Setback Requirements. No portion of any building or structure (including, without limitation, mechanical facilities associated with a building) shall be located in any Waterfront Yard Area, except walkways, landscape furniture, guardrails, cleats, bollards, pilings, boat ramps, and other structures that do not materially interfere with pedestrian use of the Waterfront Yard Area or that are required for operational or safety reasons to be located at the water's edge, provided that any resulting interference with pedestrian use of the Waterfront Yard Area is minimized to the extent economically practicable.

3.

Exception to Waterfront Yard Area Setback Requirement. Any building or structure used for a Water Dependent Use, including, without limitation, drydocks, enclosed or covered wet dock sheds, davits, hoists, mast markers, and the structures listed in Section 68-20.2, shall be permitted within the Waterfront Yard Area as necessary to avoid interference with any direct access to the water required for such Water-Dependent Use.

4.

Floating Structures. No portion of any Waterfront Yard Area shall be located on any floating structure.

This Section 68-6 establishes Residential Subdistricts within the South Boston 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; to provide for medium-density single, two, and three family and multifamily housing appropriate to the existing built environment; and to encourage appropriate development which enhances the Residential Subdistricts while preventing overdevelopment.

The following Residential Subdistricts are established:

1.

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.

2.

Multifamily Residential/Local Services ("MFR/LS") Subdistricts. The Multifamily Residential ("MFR/LS") 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, as well as ground floor local retail and commercial uses.

1.

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.

2.

Basement Units: Notwithstanding any contrary provision of this Article or Code, Dwelling Units in a Basement are Forbidden in the South Boston Neighborhood District.

3.

Additional Dwelling Unit. Within the South Boston 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. 416, § 63a., 7-2-2015; Text Amd. No. 440, § 16A., 5-8-2019; Text Amd. No. 461, § 3, 6-22-2023.)

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 D of this Article.

2.

Lot Frontage. Within the Multifamily Residential Subdistricts, every Lot shall have a minimum frontage on a Street not less than the minimum Lot Width specified in Table D of this Article for such Lot.

3.

Location of Main Entrance. Within the Residential Subdistricts, the main entrance of a Dwelling shall face the Front Lot Line; provided that within the MFR/LS Subdistricts, any entrance to a Dwelling located above a ground floor nonresidential use may face the side or rear Lot Line.

4.

Residential Use Extensions in Rear Yard. Notwithstanding any provision of the Article or Code, any Proposed Project that otherwise meets the applicable use and dimensional requirements of this Article shall be conditional if such Proposed Project involves the extension of a Residential Use into a rear yard, where such extension increases the gross floor area of such Residential Use by one thousand (1,000) or more square feet.

(Text Amd. No. 442, § 1, 10-15-2019)

This Section 68-9 establishes Neighborhood Development Area ("NDA") Subdistricts within the South Boston Neighborhood District. The Neighborhood Development Area Subdistricts are established to serve as a transition from the residential areas to the local industrial areas. The purpose of the Neighborhood Development Area Subdistricts are to promote a mix of uses that include residential and commercial to activate First Street as a pedestrian scale neighborhood street.

The following Neighborhood Development Area Subdistricts are established:

1.

First Street Neighborhood Development Area (NDA) Subdistrict

2.

D Street Neighborhood Development Area (NDA) Subdistrict

Within the Neighborhood Development Area 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. 416, § 63b., 7-2-2015.)

The minimum Allowed Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space required for any Lot in a Neighborhood Development Areas, and the maximum Allowed Floor Area Ratio and Building Height for such Lot, are set forth in Table E of this Article.

This Section 68-12 establishes Local Industrial ("LI") Subdistricts within the South Boston 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 residential neighborhoods, and to encourage the development of new job opportunities within the South Boston Neighborhood District.

The following Local Industrial Subdistricts are established:

1.

First Street Local Industrial (LI) Subdistrict

2.

E Street Local Industrial (LI) Subdistrict

3.

Summer Street Local Industrial (LI) Subdistrict

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. 416, § 63c., 7-2-2015)

The minimum Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space required for any Lot in a Local Industrial Subdistrict, and the maximum Allowed Floor Area Ratio and Building Height for such Lot, are set forth in Table F of this Article.

In accordance with Chapter 91 of the General Laws of Massachusetts ("Chapter 91") and the regulations promulgated thereunder, certain projects located in Tidelands (as that term is defined in Chapter 91) require a license ("Chapter 91 License") from the Commonwealth's Department of Environmental Protection ("DEP"). Section 18 of Chapter 91 requires that the planning board of a municipality in which the project is located (in Boston, the Boston Redevelopment Authority) submit a written recommendation ("Section 18 Recommendation") stating whether the planning board believes the project would serve a proper public purpose and would not be detrimental to the public's rights in Tidelands (the "Section 18 Standard").

A Section 18 Recommendation with respect to a project requiring a Chapter 91 License and located in the South Boston Neighborhood District shall be made by the Boston Redevelopment Authority in accordance with the provisions of this Section 68-15. For the purposes of this Section 68-15 only, the term "Project" shall mean a development, activity, or change of use requiring a Chapter 91 License.

1.

Determination of Proper Public Purpose. The Boston Redevelopment Authority, in making a Section 18 Recommendation regarding a Project located in the South Boston Neighborhood District, shall determine whether such Project serves a proper public purpose and would not be detrimental to the public's rights in Tidelands. The Boston Redevelopment Authority shall base such determination of the conformity of the Project to the provisions of subsections 2 through 7 of this Section 68-15, and on the extent to which the Project reasonably and appropriately preserves and enhances the public's rights in Tidelands including, without limitation, the public's:

(a)

visual access to the water, whether such Project is for a Water-Dependent or non-Water-Dependent Use on Private or Commonwealth Tidelands;

(b)

rights to fishing, fowling, and navigation and the natural derivatives thereof, if such Project is for a Water-Dependent Use or non-Water-Dependent Use on Private or Commonwealth Tidelands;

(c)

physical access to and along the water's edge for recreation, commerce, and other lawful purposes, and interest in public recreational opportunities at the water's edge and open space for public use and enjoyment, if such Project is for a Water-Dependent Use or non-Water-Dependent Use on Commonwealth Tidelands;

(d)

interest in the preservation of the historic character of the Project's site;

(e)

interest in industrial and commercial waterborne transportation of goods and persons;

(f)

interest in repair and rehabilitation of dilapidated piers that blight the South Boston Neighborhood District and limit public access; and

(g)

interest in safe and convenient navigation in Boston Harbor, including without limitation:

(i)

navigation by water transportation Vessels, such as ferries, water taxis, water shuttles, or commuter vessels, including, without limitation, appropriate and convenient navigation by such Vessels outside of the Main Shipping Channel and other established channels;

(ii)

navigation by deep draft Vessels, including, without limitation, appropriate navigation in the Main Shipping Channel and other established channels and the requirements of turning, anchorage, and approaches to deep water piers and berths;

(iii)

navigation by Recreational Vessels and small Commercial Vessels outside of the Main Shipping Channel and other established channels as necessary or convenient for such Vessels to avoid interference with water transportation Vessels and deep draft shipping and as otherwise required for the purposes of harbor traffic management; and

(iv)

navigation, as appropriate to the site, by U.S. Coast Guard, U.S. Naval, police, fire, and other public safety Vessels.

2.

Public Access to the Waterfront and Open Space. Public access to the waterfront and Open Space is a central policy of the City of Boston Municipal Harbor Plan and the Seaport Public Realm Plan. Pursuant to this policy, the Boston Redevelopment Authority shall not make a positive Section 18 Recommendation with respect to a Project that the Boston Redevelopment Authority determines will significantly interfere with public rights to walk or otherwise pass freely on Commonwealth Tidelands for purposes of commerce, recreation, and all other lawful activities; or on Private Tidelands for purposes of fishing, fowling, navigation, and the natural derivatives thereof. The Boston Redevelopment Authority shall find that the Section 18 Standard is not met if the Project does not comply with the following public access conditions:

(a)

Pedestrian Access to Flowed Private Tidelands. To the extent that the Project site includes Flowed Private Tidelands, the Project shall allow continuous, on-foot, lateral passage by the public in the exercise of its rights therein, wherever feasible; and Pier, wharf, groin, jetty, or other structure on such Tidelands shall be designed to minimize interference with public passage, either by maintaining at least a five-foot clearance above the ground along the high water mark, or by providing a stairway for the public to pass laterally over such structures, or by providing other means of lateral access substantially consistent with the foregoing; where obstruction of continuous access below the high water mark is unavoidable, the Project shall provide free lateral passage to the public above said mark in order to mitigate interference with the public's right to pass freely on Flowed Private Tidelands.

(b)

Pedestrian Access to Commonwealth Tidelands and Filled Private Tidelands. To the extent that the Project site includes Flowed or Filled Commonwealth Tidelands, or Filled Private Tidelands, the Project shall include reasonable measures to provide on-foot passage on such lands for the public in the exercise of its rights therein, in accordance with the following provisions:

(i)

if the Project is not a Water-Dependent Use Project, said Project shall provide a public Pedestrian Access Network;

(ii)

if the Project is a Water-Dependent Use Project, the Project shall provide for public passage by such means as are consistent with the need to avoid undue interference with the Water-Dependent Use or Uses in question and to avoid any safety hazard to people working on or visiting the Project site; measures which may be appropriate in this regard include, but are not limited to, allowing the public to pass laterally along portions of the Project shoreline, or transversely across the site to a point on the Project shoreline.

(c)

Accessibility, Maintenance, and Design of Open Space and Pedestrianways. All Open Space areas established pursuant to Section 68-19 located on Commonwealth Tidelands, and all public access facilities described in subsections (a) and (b) of this Section 68-15.2 ("Public Access Facilities"), shall be open and accessible to the public twenty-four (24) hours a day. No gates, fences, or barriers may be placed on such Public Access Facilities or Open Space in a manner that would impede or discourage the free flow of pedestrian movement thereon. The foregoing shall not be deemed to prohibit the placing of temporary barriers as required in emergencies or in connection with construction, maintenance, or the like, provided that interference with pedestrian access and passage is minimized to the extent reasonably practicable and consistent with public safety and that such barriers are in place no longer than necessary. All such Public Access Facilities shall be Accessible to Physically Disabled Persons. Active pedestrian use of such Open Space areas and Public Access Facilities shall be encouraged on a year-round basis, particularly for water-related activities, through such means as appropriate ground level uses of adjacent buildings and facilities and amenities designed to be attractive to pedestrians. Maintaining, cleaning, landscaping, and managing such Open Space areas and Public Access Facilities shall at all times be the responsibility of the Chapter 91 licensee of the Project. The Applicant for any Project subject to or electing to comply with Large Project Review shall include in the urban design component of its Draft Project Impact Report, submitted pursuant to Large Project Review, an Open Space and Public Access Plan, including plans, drawings, specifications, descriptions of proposed uses, and descriptions of proposed management measures and access-related rules and regulations, if any, sufficient to permit the Boston Redevelopment Authority to determine the conformity of the Project to this Section 68-15.2 and to Section 68-19 (Waterfront Open Space Requirements), and to make a Section 18 Recommendation.

(d)

Signage for Public Access Facilities. Any Project required to provide Public Access Facilities in accordance with subsection (b) of this Section 68-15.2 shall encourage public patronage of such facilities by placing and maintaining adequate signage at all entryways and at other appropriate locations on the site. Such signage shall:

(i)

conform to Section 68-32 (Sign Regulations);

(ii)

conform, as applicable, to design guidelines for HARBORWALK signage to be issued as regulations by the Boston Redevelopment Authority; and

(iii)

include at least one sign, conforming to such design guidelines and placed in a prominent location, that advises the public of its access rights and discloses whatever access-related rules and regulations are in effect, if any.

3.

Provision of Water Transportation Facilities. To promote an effective water transportation system, and to ensure use of the waterfront and full access to recreational, commuting, and economic activities, the Boston Redevelopment Authority shall find that the Section 18 Standard for a Project is not met unless the Project conforms to the applicable requirements for water transportation facilities set forth below:

(a)

Water Transportation Facility Requirement. In making a Section 18 Recommendation with respect to a Project, the Boston Redevelopment Authority shall consider the extent to which provision is made on the Project site for waterborne passenger transportation facilities, including, without limitation, terminals and landings for water ferries, water shuttles, or water taxis, and free public landings, as appropriate to the scale, use, and location of the Project.

(b)

Provision of Dockage at Seawalls and Bulkheads. In order to provide adequate docking areas for both emergency use and routine harbor activities, any reconstruction of seawalls or bulkheads along those portions of the Project shoreline that line waters accessible by Vessels shall, to the extent reasonably practicable, accommodate dockage of Vessels alongside such seawalls or bulkheads.

4.

Additional Regulations Applicable to Tidelands Proposed to be Filled. This Section 68-15.4 governs Tidelands that are filled after the date of the first notice of hearing before the Zoning Commission on this Article. Piles are not considered "fill" for the purpose of this Article.

New fill is prohibited in any area where Pier construction or extension is prohibited by this Code.

No portion of a Project located on Tidelands that are subject to this Section 68-15.4 shall be erected, used, or arranged or designed to be used except for a Water-Dependent Use otherwise allowed, or conditionally permitted subject to the provisions of Article 6, for such location, except as otherwise provided in this Section 68-15.4. In making a Section 18 Recommendation with respect to a Project involving such new fill, the Boston Redevelopment Authority shall find that the Section 18 Standard is not met unless such new fill is limited to the extent reasonably practicable by measures such as substituting pile-supported or floating structures for new fill or relocating the use to a position above the High Tide Line. The foregoing shall not, however, prohibit or limit the use of new fill the purpose of which is to eliminate irregularities in or to repair previously altered portions of the shoreline included in the Project, provided that such new fill replaces previously authorized fill elsewhere along such shoreline on a one-to-one square foot basis (new fill to removed fill). The foregoing also shall not prohibit or limit the use of new fill the purpose of which is to accommodate mechanical elements of the Project that enter the seabed, such as, without limitation, elevator shafts, ventilation shafts, utility conduits, or the like, and any associated structural elements, provided that such fill is limited to that reasonably required under the circumstances, and provided further that all such mechanical elements, structural elements, and fill are wholly contained within the edges of a Pier.

5.

Uses Allowed on Floating Structures. No floating Structure, other than a Vessel, shall be used or arranged or designed to be used except for a Water-Dependent Use otherwise allowed for the location of such Structure, or conditionally permitted subject to the provisions of Article 6.

6.

Regulations Governing Piers. No portion of any Pier shall extend beyond the Pierhead Line.

(Text Amd. No. 463, § 4, 8-16-2023)

This Section 68-16 establishes Waterfront Subdistricts within the South Boston Neighborhood District. The following Waterfront Subdistricts are established:

1.

Waterfront Manufacturing ("WM") Subdistricts. The Waterfront Manufacturing ("WM") Subdistrict in the South Boston Neighborhood District is governed by the provisions of this Article, rather than by Article 42D (Waterfront Manufacturing District) of this Code. The purposes of the Waterfront Manufacturing Subdistrict includes protecting the working waterfront and supporting maritime industrial uses through promotion of related manufacturing uses.

2.

Waterfront Commercial ("WC") Subdistricts. The purposes of the Waterfront Commercial ("WC") Subdistrict are to ensure that the commercial areas located near the waterfront develop in a manner that is sensitive to and compatible with the Seaport Public Realm Plan and applicable state policy.

Within the Waterfront 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 C of this Article as "A" (Allowed) or as "C" (Conditional). Any use identified as Conditional in Table C is subject to the provisions of Article 6. Any use identified as "F" (Forbidden) in Table C for the proposed location of such use is Forbidden in such location.

(Text Amd. No. 416, § 63d., 7-2-2015)

The minimum allowed Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space for any Lot in a Waterfront Subdistrict, and the maximum allowed Floor Area Ratio and Building Height for such Lot, are set forth in Table F of this Article.

Notwithstanding any contrary provisions of this Article, the Open Space requirements of this Section 68-19 apply to any Proposed Project involving new construction at grade and located on Tidelands subject to Chapter 91 or in a Waterfront Commercial Subdistrict, except for any Proposed Project with a Gross Floor Area of 2,500 square feet or less used exclusively for one or more Water-Dependent Uses.

Any Proposed Project to which the Open Space requirements of this Section 68-19 apply shall devote to Open Space at least fifty percent (50%) of the Lot Area of such Proposed Project.

For the purposes of those regulations in this Article governing Waterfront Subdistricts and Tidelands, the term "Open Space" shall mean land areas and areas on Piers excluding (a) any area occupied by a building or roofed structure; (b) any parking lot or parking area; (c) any street; (d) any private road or area devoted to motor vehicle use; (e) any salt-water area below the mean High Tide Line, other than areas on Piers; (f) any fresh water area more than ten (10) feet from the shoreline; and (g) marina slips or floats or other floating structures.

The foregoing notwithstanding, the following areas shall be deemed "Open Space":

1.

any area occupied by a building not exceeding a Building Height of fifteen (15) feet and a Gross Floor Area of four hundred (400) square feet and reserved exclusively for use as a Water-Dependent Use or a recreational use allowed, or permitted as a conditional use, pursuant to the table of uses of this Article applicable to the location of such use;

2.

any area occupied by a street or private way open only to pedestrians and emergency vehicles; and

3.

any area, at Grade, otherwise meeting the definition of Open Space, as set forth in this Section 68-19, but covered by a pedestrian skywalk or skybridge, provided that an exception allowing the designation of such area as Open Space is granted by the Board of Appeal, subject to the requirements of Article 6A.

All Open Space areas shall be Accessible to Physically Disabled Persons, as those terms are defined in Article 2.

The Open Space requirements of this Section 68-19 shall not prohibit occasional access to or over Open Space by service vehicles reasonably required to construct or maintain the structures on the Lot or by emergency vehicles. However, routine access to or over Open Space areas by vehicles transporting, loading, or unloading passengers or supplies for the normal operation of buildings and uses is not consistent with the foregoing definition.

(Text Amd. No. 461, § 2, 6-22-2023; Text Amd. No. 463, § 4, 8-16-2023)

Except as otherwise expressly provided in this Article, the Waterfront Yard Area requirements of this Section 68-20 apply to any Lot located on Tidelands subject to Chapter 91, or in a Waterfront Subdistrict, if such Lot is adjacent to or includes the High Tide Line. Any such Lot shall include a Waterfront Yard Area adjacent to and landward of such High Tide Line, excluding portions of the High Tide Line occupied by Piers. A Waterfront Yard Area also shall be required along the edges of any Pier. The required Waterfront Yard Area landward of the High Tide Line and the required Waterfront Yard Area on Piers shall be connected so as to provide a continuous path along the waterfront, with a minimum width at the places of connection of no less than twelve (12) feet. The dimensions of the required Waterfront Yard Areas are set forth in Table 1, below:

1.

Applicability of Review. See Article 80 concerning the applicability of Large Project Review.

2.

Urban Design Guidelines. Review and analysis of a Proposed Project pursuant to the Urban Design Component of Large Project Review shall include review and analysis of such Proposed Project in accordance with the urban design guidelines set forth in this Section 68-21.2. The issuance of an Adequacy Determination by the Boston Redevelopment Authority approving the Applicant's Final Project Impact Report pursuant to Large Project Review shall constitute the Boston Redevelopment Authority's determination of compliance with this Section 68-21.2, subject to any conditions as may expressly be set forth in said Adequacy Determination.

(a)

New development and rehabilitation shall reinforce the traditional pattern, height, and massing of the urban waterfront.

(b)

Buildings and spaces shall direct views and pedestrian movements toward the water.

(c)

Buildings on Piers shall be sited so as to reinforce the geometry of the Pier, and buildings near the water's edge shall not be massed so as to create a continuous well along the water's edge.

(d)

Inland buildings shall reinforce the City's street pattern and avoid continuous walls parallel to the water's edge by maintaining view and access corridors, especially at cross-streets.

(e)

Buildings shall be sited to provide view and access corridors toward the open water and to preserve views from Public Access Facilities and Open Space areas at the Ends of Piers.

(f)

Building elements on a site shall generally step down in height toward the water's edge.

(g)

Open areas and buildings at or near the Ends of Piers shall offer opportunities for public views of the water and public amenities that attract the public to the water's edge.

(h)

Building massing shall enhance the air flow channels created by sea breezes that are beneficial to air quality in the City.

(i)

Open spaces, building entrances, shopfronts, shop windows, shop entrances, terraces, gardens, arcades, and similar elements shall be designed to enhance pedestrian activity, access to, and enjoyment of the waterfront. Blank walls, without windows or entrances facing onto pedestrian areas, shall be avoided to the extent practicable in building designs.

(j)

Facade treatment, building materials, and design details shall complement the traditional character of Boston's historic waterfront development patterns.

(k)

Setbacks, corner treatments, and other design details shall be used to minimize the sense of bulk of structures. Ornamental and decorative elements appropriate to the urban and historical waterfront context are encouraged.

(l)

Roofs of buildings shall be designed to minimize the visibility of roof structures and penthouses normally built above the roof and not designed to be used for human occupancy.

(m)

A Proposed Project should promote and enhance the quality of the pedestrian environment, by means such as: (a) pedestrian pathways connecting to the waterfront and, where appropriate, linking the waterfront and mass transit stations; (b) spaces accommodating pedestrian activities and public art; (c) use of materials, landscaping, public art, lighting, and furniture that enhance the pedestrian and waterfront environment; (d) pedestrian systems that encourage more trips on foot to replace vehicular trips; (e) other attributes that improve the pedestrian environment and pedestrian access to the waterfront and Boston Harbor; and (f) appropriate management and maintenance of pedestrian access within the Proposed Project.

(n)

In addition to the foregoing, design features of a Proposed Project shall take into consideration the characteristics of the site and its location in the South Boston Neighborhood District and provide opportunities for special amenities, and shall enhance and reinforce any historic qualities of existing structures.

Any Proposed Project located on Tidelands subject to Chapter 91, or in a Waterfront Subdistrict, shall conform to the environmental protection and safety standards established in this Section 68-22, to the extent economically practicable, as determined in Large Project Review.

1.

Trash Disposal Standards. Any such Proposed Project with a Gross Floor Area of fifty thousand (50,000) or more square feet shall include a trash compactor in an interior location for garbage and trash disposal, and shall provide for the maintenance and cleanliness of such compactor.

2.

Area for Recyclable Materials. Any such Proposed Project with a Gross Floor Area of fifty thousand (50,000) or more square feet shall include an interior area for the separation, temporary storage, and collection of recyclable materials. Such area shall be located in the vicinity of any off-street loading facility.

3.

Provision of Safety Ladders. Any such Proposed Project, if adjacent to the water, shall provide a safety ladder or ladders extending from the water to an accessible area above the high water mark such that there shall be one safety ladder located approximately every one hundred (100) feet along those portions of the waterfront occupied by seawalls, piers, wharves, or other structures otherwise inaccessible to a person in the water. The foregoing notwithstanding, a safety ladder shall not be required in a location that would unreasonably interfere with docking facilities or other Water-Dependent Use, provided that safety ladders are placed at intervals most closely approximately one hundred (100) feet and not so interfering.

This Section 68-23 establishes Open Space ("OS") Subdistricts in the South Boston Neighborhood District. The purpose of the Open Space Subdistricts is to enhance the quality of life for South Boston's residents by protecting open space resources. Any Lot within any Open Space Subdistrict is subject to the applicable provisions of this Code, including without limitation Article 33 (Open Space Subdistricts). The Open Space Subdistricts designated in the South Boston Neighborhood District are of the following types:

1.

Recreation Open Space (OS-RC) Subdistricts. 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.

Planned Development Areas ("PDAs"), as described in Section 3-1A.a, are permitted within the D Street Neighborhood Development Area, Local Industrial Subdistricts, and Waterfront Commercial Subdistricts. PDAs are not permitted elsewhere in the South Boston Neighborhood District. The purposes for establishing the areas specified above as ones within which a PDA may be permitted are to provide for a more flexible zoning law; to provide public benefits to the South Boston community, including publicly accessible green space and streetscape improvements, the creation of new job opportunities, and to allow for the diversification and expansion of Boston's and South Boston's economy through manufacturing, commercial, and scientific research and development uses.

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 and Floor Area Ratio (FAR) for such Proposed Project shall not exceed the limits set forth in Table 3, below:

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.

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 one or more of the following: (a) diversification and expansion of Boston's economy and job opportunities through economic activity, such as private investment in manufacturing, commercial uses, or research and development; or (b) creation of new job opportunities and establishment of educational facilities, career counseling, or technical assistance providing instruction or technical assistance in fields related to such jobs; or (c) provision of Affordable Housing available to South Boston and Boston residents; or (d) improvements to the aesthetic character of the development site and its surroundings, which may include the provision of open space connections to the waterfront, the provision of street trees and other improvements that enhance open space, the improvement of the urban design characteristics of the site and its surroundings, or the enhancement of existing open space or the creation of new open space.

1.

Applicability of Design Review. To ensure that growth in the South Boston 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) and this Section 68-28.1.

2.

Design Guidelines. This Section 68-28.2 establishes the following design guidelines for the South Boston Neighborhood District.

1.

Site Plan.

(a)

Site planning, including location of buildings, open space, and bicycle and vehicular access and parking areas, should be designed to enhance the street frontage and surrounding building and spaces.

(b)

Vehicular access and egress to and from a site should minimize traffic impacts on the adjacent roadways and provide safe visual access for drivers and pedestrians.

(c)

Parking, storage, and disposal areas, and the entrance to accessory parking within a main Building, should not be located in the front of Buildings, unless there are special circumstances, such as existing Building locations or site conditions that make it necessary. Wherever practicable, such areas should be located behind Buildings. Parking, storage, and disposal areas should be adequately screened from public view by suitable fencing and vegetation.

(d)

For industrial Buildings, siting and design of new construction and rehabilitation of existing Buildings should be compatible with pedestrian activity. Where the provision of windows in the Street Wall is impracticable, articulation of the Street Wall by other means is encouraged. Where a Front Yard is required between the sidewalk edge and the Street Wall, such Front Yard should include an adequate landscaped buffer.

2.

Design and Architecture.

(a)

New or rehabilitated residential Buildings should reflect and complement the patterns of height, siting, and architectural character of the surrounding residential Structures. In this regard, Applicants are encouraged to consult the reference work, "A Pattern Book of Boston Houses," published by the Department of Neighborhood Development, which is available to the public through the Boston Redevelopment Authority. The removal or alteration of any historic architectural feature is discouraged.

(b)

New or rehabilitated commercial Buildings should reflect and complement the patterns of height, siting, and architectural character of historically-distinctive commercial buildings in the surrounding area.

(c)

In the rehabilitation of residential or commercial Buildings, deteriorated architectural features should be repaired rather than replaced, wherever possible and appropriate. In the event that replacement is necessary, the new material should be compatible with the existing in composition, design, texture, and appearance. Repair or replacement of missing architectural features should be based, unless this is infeasible or inappropriate, on accurate duplication of original features of the Building to be rehabilitated or those of other Buildings of the same style and period.

(h)

Contemporary design for residential structures is appropriate, provided that such structures are compatible with the size, material, and character of the surrounding neighborhood environment.

(i)

New residential construction should reflect the traditional location and relationship of Buildings on their sites. This includes setbacks from streets, spacing among Buildings, and orientation of facades to the street and neighboring structures. A facade facing a Street should not consist of blank walls without windows. In addition, the location of Buildings should respect significant landscape features on the site.

(j)

New residential construction should respect the standards of scale of existing residential construction in order to maintain the subdistrict's special qualities. Overall Building Height and massing, relationships of primary Buildings to secondary Buildings, and landscape elements all should be consistent with the surrounding architecture and environment.

(k)

Open spaces, Building entrances, shop fronts, shop windows, shop entrances, terraces, gardens, arcades, and similar elements should be designed to enhance pedestrian activity and should encourage an active street life. Blank walls, without windows facing onto pedestrian areas, should be avoided to the extent practicable in Building design. Consistency with the architecturally-significant design elements of adjoining buildings and the established local structure should be considered in the design of cornice and roof lines and wall articulation, including the design of bays and fenestration.

(l)

Storefronts and display windows should be open and welcoming to the shopper and stroller. Facade treatments, building materials, and design details should be in keeping with the area's finest commercial architecture. Street Wall continuity should be maintained. (Refer to Section 68-30 of this Article).

(m)

Setbacks, corner treatments, and other design details should be used where appropriate to minimize the sense of bulk of structures, and ornamental and decorative elements appropriate to the urban context are encouraged.

(n)

Roofs of Buildings should be designed and screened to minimize the visibility of roof structures normally built above the roof and not designed to be used for human occupancy, such as headhouses and mechanical equipment.

(o)

A zone for signs on the Building facade should be established, defined by a change in facade color and/or materials, or by an articulation of the facade, and all permanent signs mounted on the Building facade should be located within such sign band. In Buildings with multiple stores, the sign band should be subdivided so that each section clearly relates to an individual store. Signs should be designed and located so as not to obscure architectural elements or ornamental details of the Building facade. Internally lit signs should be designed so as not to create a hazard or nuisance through excessive brightness, and such signs should be constructed so that bulbs, wires, and other lighting equipment located inside the sign are not visible through the face of the sign. Signs should not be flood-lighted. Small, shielded sources may be used if no spill-over is visible to abutting properties. (Refer to Section 68-31 of this Article).

(p)

In addition to the foregoing, design features of a Proposed Project should take into consideration any special characteristics of the site and its location, and should enhance and reinforce any historic qualities of existing structures.

3.

Landscape.

(a)

Where such front yard is required between the sidewalk edge and the street wall, such front yard should include an adequate landscaped buffer.

(b)

Buildings should be sited so as to respect significant landscape features on the site, such as rock outcroppings, drainage areas, and mature trees.

(c)

Landscaping and screening should be used to make the Neighborhood Development Areas and Local Industrial Subdistricts more attractive and to provide screening between business, industrial, and residential uses.

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 residential Building, or on the roof of a Building not in residential use but originally built as a residential 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 therefor. In reaching its decision, the Board of Appeal shall consider whether such roof structure has the potential of damaging the uniformity of height or architectural character of the immediate vicinity.

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; and (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, two (2) feet for each foot of height of such appurtenant structure, from a roof edge that faces a Street more than twenty (20) feet wide.

Roof structures, headhouses, and mechanical equipment normally built above the roof and not designed or used for human occupancy shall be included in measuring the height of a building if the total area of such roof structures, headhouses, and mechanical equipment exceeds in the aggregate: (a) 330 square feet, if the total roof area of the building is 3,300 square feet or less; or (b) ten percent (10%) of the total roof area of the building, if such total roof area is greater than 3,300 square feet.

The height of any building existing on (the existing date of this amendment [October 15, 2019]), shall determine that allowed building height on that lot subsequent to total or partial demolition of such building. Any proposed construction on the lot that would exceed the prior height shall require Board of Appeal approval, and shall be subject to the roof structure and building height restrictions of this Section 68-29 and the height limits applicable to the Subdistrict in which the lot is located. In making its decision, the Board of Appeal shall consider whether such roof structure has the potential for significantly restricting light and/or air flow to adjacent structures and/or restricting views from roofs, windows, doors, or balconies. Notwithstanding anything in Article 2 respecting the definition of the term "grade," if a building abuts more than one street, "grade" is the average elevation of the street with the lowest elevation.

(Text Amd. No. 442, § 2, 10-15-2019; Text Amd. No. 461, § 2, 6-22-2023)

Except as otherwise expressly provided in this Article or Code, the provisions of this Section 68-30 shall apply to Proposed Projects within those subdistricts specified in this Section 68-30, except to the extent that provisions for Street Walls and display windows have been addressed through Large Project Review or Small Project Review, pursuant to Article 80. The provisions of Article 6A shall be applicable to the provisions of this Section 68-30.

1.

Street Wall Continuity in Local Industrial Subdistricts. This Section 68-30.1 shall apply within the Local Industrial Subdistricts to any Proposed Project, except a Proposed Project for a Residential Use, that includes the erection of a new structure or the extension of an existing structure, where such extension changes the location of a Street Wall.

Except as otherwise provided in this Section 68-30.1, Street Walls shall be continuous across a Lot. However, design articulation involving deviations from the Street Wall plane of two (2) feet or less shall be permitted across the Street Wall. Larger recesses not exceeding fifteen (15) feet in depth shall be permitted, provided that such recesses do not affect more than fifty percent (50%) of the Street Wall plane. Oriel or Bay Windows may extend from the Street Wall plane provided that such windows do not exceed more than forty percent (40%) of the Street Wall plane.

For Proposed Projects that are subject to or elect to comply with Large Project Review or Small Project Review, recesses and bays shall be permitted if appropriate to the creation of visually interesting designs or the accommodation of a specific ground level function, provided that the facade remains compatible with its historical and architectural surroundings and visual continuity in the Block front is preserved, as certified by the Boston Redevelopment Authority in accordance with the Urban Design Component of Large Project Review or the Design Component of Small Project Review.

Street Wall Continuity in Local Industrial Subdistricts. In the Local Industrial Subdistricts, each newly constructed or relocated Street Wall shall be built at a depth from the Street Line that is the greater of (i) the required depth of the vegetative buffer required by Section 68-31 of this Article (Screening and Buffering), or (ii) six (6) feet.

2.

Display Window Area Regulations in Neighborhood Development Areas, Multifamily Residential/Local Services Subdistricts, and Local Industrial Subdistricts. This Section 68-30.2 shall apply in the Neighborhood Development Areas and Local Industrial Subdistricts to any Proposed Project for the uses specified in this Section 68-30.2. For the purposes of these Display Window Area Regulations, the term "Display Window Area" means that area of any Street Wall between Grade and (i) the Ground Floor Ceiling Height (or the roof structure of a one-story structure), or (ii) fourteen (14) feet, whichever is lower, and excludes any area of the Street Wall serving as access to off-street loading berths or accessory off-street parking.

(a)

Display Window Area Transparency. That portion of the Display Window Area required by this Section 68-30.2(a) to be transparent glazing shall not be obstructed more than thirty percent (30%) by signs on or behind such glazing.

(i)

For Retail Uses, Restaurant Uses, Service Uses, and Trade Uses, at least sixty percent (60%) of the Display Window Area shall be glazed and transparent. Sill heights for windows in the Display Window Area shall be no higher than two (2) feet above Grade, and the tops of such windows shall be no lower than eight (8) feet above Grade.

(ii)

For Office Uses and Entertainment Uses, at least fifty percent (50%) of the Display Window Area shall be glazed and transparent. Sill heights for windows in the Display Window Area shall be no higher than three (3) feet above Grade, and the tops of such windows shall be no lower than eight (8) feet above Grade.

(iii)

For Vehicular Uses involving the servicing or washing of vehicles, and for Industrial Uses, at least fifty percent (50%) of the Display Window Area shall be glazed so as to be transparent or translucent, provided that at least twenty-five percent (25%) of the Display Window Area shall be transparent. Sill heights for windows in the Display Window Area shall be no higher than two (2) feet above Grade, and the tops of such windows shall be no lower than eight (8) feet above Grade.

(b)

Display Window Area Usage. For Retail Uses, Service Uses, Office Uses, and Trade Uses, there shall be, to a depth of at least two (2) feet behind the Display Window Area: (i) an area for the display of goods and services available for purchase on the premises; or (ii) an area for exhibits and announcements; provided, however, that no such areas shall be required for a display window that provides pedestrians with a view of the Retail Use, Service Use, Office Use, or Trade Use conducted on the premises.

(c)

Display Window Security Grates. That portion of the Display Window Area required by Section 68-30.2(a) to be transparent glazing shall not be obstructed by a solid opaque security grate. Security grates that provide pedestrians with a view through the display window, such as grill-type security grates, may be used. Unless not practicable, security grates shall be mounted inside the building and not on the outside of the building. If a security grate must be mounted on the outside of the building, the box or other housing for such grate shall be concealed and integrated into the façade design. Security grates should be integrated into the design of the storefront.

In order to enhance the appearance of the South Boston Neighborhood District and to ensure that its industrial subdistricts are appropriately separated from adjacent areas, the screening and buffering requirements of this Section 68-31 shall apply to those Proposed Projects described in this Section 68-31, 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 68-31.

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 Local Industrial Subdistrict or a Waterfront Commercial Subdistrict abuts (a) a public street, (b) a public park, or (c) a Residential Subdistrict or Residential Use such Proposed Project shall provide and maintain, along each Lot line abutting such park, subdistrict, or use, a strip of shrubs and trees densely planted along the inside edge of a solid wall 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 Development Area 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 shall be screened from view as provided in this Section 68-31.2. 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.

Interior Landscaping of Parking Areas. Parking areas must be broken up with landscaping by planting a landscape island on the interior of parking areas. Parking areas along the perimeter must be broken up with landscaping by providing a landscape island with a minimum of one (1) deciduous tree and five (5) evergreen shrubs in a planting area no less than five (5) feet by ten (10) feet to be provided after every ten (10) contiguous parking spaces.

Parking areas not along the perimeter must have a landscape island for every row of cars that is no less than five (5) feet by ten (10) feet with a minimum of one (1) deciduous tree and five (5) evergreen shrubs in a planting area no less then five (5) feet by ten (10) feet to be provided after every ten (10) contiguous parking spaces.

4.

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, shall be screened from view as provided in this Section 68-31.4, 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 68-31.1. 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 from view.

5.

Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be located in the center of the roof and be painted to blend with adjacent or nearby building materials or shall be screened by wood, brick, or similar material, except that such painting or screening shall not be required for equipment in a Local Industrial Subdistrict.

6.

Materials for Screening Walls and Fences. Screening walls and fences may be made of one or more materials, such as masonry (piers or walls), metal pickets, decorative metal, wrought iron, shadow box, vinyl coated chain link, or board-type wood. The use of chain link fencing is discouraged except on small areas not facing a public street or public park. The use of plywood sheeting also is discouraged. Two or more materials may be used in combination with each other, and piers and walls may be used in combination with fences.

7.

Specifications for Plantings. Shrubs required by this Section 68-31 may be deciduous or evergreen, or a mixture of both types. Shrubs must be densely planted to provide a mature appearance within three (3) years. Trees required by this Section 68-31 may be evergreen or a combination of deciduous and evergreen. Deciduous trees shall be at least three (3) inch caliper at the time of planting (measured six (6) inches to twelve (12) inches above Grade) and shall be at least twelve (12) feet tall and planted fifteen to twenty (15-20) feet on center, and evergreen trees shall be at least twelve (12) feet tall and planted twelve to fifteen (12-15) feet on center. Ground cover consisting of grass or other plantings or four to six (4-6) inches of pine-bark or similar mulch shall be placed within the planting strip at the time of planting and replenished as necessary. Existing mature trees and shrubs shall be retained and maintained unless this is not possible. The use of bulbs, perennials, and annuals is also encouraged, as is the use of native plantings and other non-invasive species.

8.

Maintenance of Landscaped Areas. Landscaping required by this Section 68-31 shall be maintained in a healthy growing condition, free of refuse and debris. All plant materials and fencing shall be arranged and maintained so as not to obscure the vision of traffic. There shall be no parking of vehicles in areas used for screening and buffering. Outside storage of any materials, supplies, or products is not permitted within any landscaped area required by this Section 68-31.

The provisions of this Section 68-32 shall apply to all Proposed Projects except to the extent that sign requirements have been established through Large Project Review or Small 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 11 for Signs outside residential districts and as provided in this Section 68-32. 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 shall 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.

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 shall be located within such band whenever practicable.

(c)

Free-standing Signs. Free-standing Signs shall be permitted only for

(a)

uses located in a Local Industrial Subdistrict, Waterfront Commercial Subdistrict, or Waterfront Manufacturing Subdistrict. Where such free-standing Signs are permitted, there shall be only one (1) free-standing Sign on a Lot. Such freestanding 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.

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 South Boston 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, a canopy, or a 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.

For any Proposed Project that is subject to or has elected to comply with Large Project Review, 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 are as set forth in Table F, and the minimum required off-street loading spaces are as set forth in Table G.

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 off-street 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 for each 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 68-33. If a Lot is located in a

Residential

Subdistrict, a driveway may be located in that portion of the Front Yard that lies between the side yard and the Front Lot Line provided that such driveway provides access to parking spaces located in the side or rear yards and that such parking is accessory to a residential use on the Lot. In no case shall that portion of such driveway located in the front yard be used for parking. Accessory parking may be located in the Front Yard only if it is located immediately in front of a garage, provided that such garage is at least twenty (20) feet from the Lot Line.

(b)

Except in the case of a Lot serviced by a common parking facility, the off-street parking facilities required by this Section 68-33 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 in either of the following cases: (1) where the main use on a Lot is for Residential Uses, and the other Lot is within four hundred (400) feet of that Lot; or (2) where the main use on a Lot is for non-residential uses, and the other Lot is within twelve hundred (1,200) 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.

5.

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

(a)

Such facilities shall have car spaces and loading bays in the number specified by this Article, provide appropriate maneuvering areas located within the Lot 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)

The identification and visibility of loading entrances and exits shall be achieved by the use of signs, curb cuts, and landscaping.

(c)

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.

(d)

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

(e)

Each car space shall be located entirely on the Lot. Fifty percent (50%) of the required car 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 (8-1/2) feet in width and twenty (20) feet in length, in both instances exclusive of maneuvering areas and access drives. All loading spaces shall be no less than twelve (12) feet in width and twenty-five (25) feet in length, and shall have a vertical clearance of not less than fourteen (14) 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. 463, § 4, 8-16-2023)

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, instead of the minimum Front Yard depth specified in this Article, the minimum Front Yard depth shall be in conformity with the Existing Building Alignment of the Block, except along First Street where the setback will provide additional width for pedestrians and unless otherwise determined through Small Project or Large Project Review.

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 (2-1/2) 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 (3/4) 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 68-34. 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 (3/4) 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 (1/2) 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 (1-1/2) 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 seven (7) 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 (3/4) 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 one hundred (100) 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 68-34.12 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 68-34.12 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.

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.

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

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. 461, § 2, 6-22-2023)

The following tables are hereby made part of this Article:

Tables A—C Use Regulations

A

Residential Subdistricts

B

Neighborhood Development Areas

Local Industrial Subdistricts

C

Waterfront Subdistricts

Tables D—F Dimensional Regulations

D

Residential Subdistricts

E

Neighborhood Development Areas

F

Local Industrial Subdistricts

Waterfront Subdistricts

Tables G—H Parking and Loading Regulations

G

Off-Street Parking

H

Off-Street Loading