The purpose of this Article is to establish the zoning regulations for the Hyde Park Neighborhood District. The objectives of this Article are to provide adequate density controls that protect established residential areas and direct growth to areas where it can be accommodated; 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 Boston.

The provisions of this Article are applicable only in the Hyde Park Neighborhood District. The boundaries of the Hyde Park Neighborhood District and its subdistricts are as shown on the map numbered 12, entitled "Hyde Park Neighborhood District" (replacing existing "Map 12 Hyde Park"), 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 Hyde Park 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. 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 Hyde Park 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)

Within the Hyde Park Neighborhood District, no Planned Development Area shall be permitted.

This Article has been developed with the extensive participation of the Hyde Park Neighborhood Strategic Plan Advisory Group, residents, neighborhood associations, and business groups. 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. The Boston Redevelopment Authority shall continue to involve Hyde Park residents, civic associations, and business groups in an advisory capacity for future land use and planning initiatives for Hyde Park. SECTION 69-6. Recognition of the Hyde Park Neighborhood Plan. The Zoning Commission hereby recognizes the Hyde Park Neighborhood Strategic Plan dated August 2011 as the planning basis for the design regulations and guidelines for the Hyde Park Neighborhood District.

This Section 69-7 establishes Residential Subdistricts within the Hyde Park 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 low- and 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.

One-Family ("1F") Residential Subdistricts. The One-Family Residential ("1F") Subdistricts are established to preserve, maintain and promote low density one-family neighborhoods, to provide for new infill construction appropriate to the existing fabric. In a 1F Subdistrict, the maximum number of Dwelling Units Allowed in a single Building shall be one (1).

2.

Two-Family Residential ("2F") Subdistricts. The Two-Family Residential ("2F") Subdistricts are established to preserve, maintain and promote two-family neighborhoods, to preserve existing structures, to provide for new infill construction appropriate to the existing fabric. In a 2F Subdistrict, the maximum number of Dwelling Units Allowed in a single Building shall be two (2).

3.

Three-Family Residential ("3F") Subdistricts. The Three-Family Residential ("3F") Subdistricts are established to preserve the low-density three-family areas with a variety of housing types appropriate to the existing fabric, including one-, two-, and three-family Dwellings. In a 3F Subdistrict, the maximum number of Dwelling Units Allowed in a single Building, including a Town House Building or Row House Building, is three (3).

4.

Multifamily Residential ("MFR") Subdistricts. The Multifamily Residential ("MFR") Subdistricts are established to encourage low to 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.

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 Hyde Park Neighborhood District.

3.

Additional Dwelling Unit. Within the Hyde Park 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, § 64a., 7-2-2015; Text Amd. No. 440, § 17A., 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 C of this Article.

2.

Lot Frontage. Within the One-Family Residential ("1F") Subdistricts, Two-Family Residential ("2F") Subdistricts, and Three-Family Residential ("3F") Subdistricts, every Lot shall have a minimum frontage on a Street not less than the minimum Lot Width specified in Table C of this Article for such Lot, and, in addition, each Detached Dwelling, Semi-Attached Dwelling, Row House Building, and Town House Building on a Lot shall have a minimum frontage on a Street not less than such minimum Lot Width.

3.

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

This Section 69-10 establishes Neighborhood Business Subdistricts within the Hyde Park Neighborhood District. There are two types of Neighborhood Business Subdistricts: Local Convenience ("LC") Subdistricts, providing convenience retail and services for the immediate neighborhood and pedestrians, and Neighborhood Shopping ("NS") Subdistricts, providing convenience goods and services to the larger neighborhood and surrounding areas. The NS Subdistricts are further subdivided into NS-1 and NS-2 Subdistricts, the latter of which allows for moderately greater FAR and promotes mixed use development. Both types of Neighborhood Business Subdistrict encourage the development of neighborhood businesses that provide essential goods and services to, as well as jobs and entrepreneurial opportunities for, the Hyde Park community.

The following Neighborhood Business Subdistricts are established:

1.

Hyde Park/Dana/Pine Local Convenience (LC) Subdistrict

2.

Hyde Park/Collins/Metropolitan Local Convenience (LC) Subdistrict

3.

Hyde Park/Thatcher/Greenwood Local Convenience (LC) Subdistrict

4.

Hyde Park/Arlington Local Convenience (LC) Subdistrict

5.

River/West Local Convenience (LC) Subdistrict

6.

River/Oakcrest/Tileston Local Convenience (LC) Subdistrict

7.

River/Reservation Local Convenience (LC) Subdistrict

8.

River/Norton Local Convenience (LC) Subdistrict

9.

Fairmount/Truman Local Convenience (LC) Subdistrict

10.

Dana/Truman Local Convenience (LC) Subdistrict

11.

Wolcott Square Local Convenience (LC) Subdistrict

12.

River/Solaris Local Convenience (LC) Subdistrict

13.

American Legion/Cummins Neighborhood Shopping (NS-1) Subdistrict

14.

Hyde Park/Willow Neighborhood Shopping (NS-1) Subdistrict

15.

Oak Lawn Neighborhood Shopping (NS-1) Subdistrict

16.

Hyde Park/Factory Neighborhood Shopping (NS-1) Subdistrict

17.

River/Winthrop Neighborhood Shopping (NS-1) Subdistrict

18.

River/Wood Neighborhood Shopping (NS-2) Subdistrict

19.

Truman/Washington Neighborhood Shopping (NS-1) Subdistrict

20.

Cleary and Logan Square Neighborhood Shopping (NS-2) Subdistrict

(As amended on May 22, 2014)

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

(Text Amd. No. 416, § 54b., 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 Business Subdistrict, and the maximum Allowed Floor Area Ratio and Building Height for such Lot, are set forth in Table E of this Article.

This Section 69-13 establishes Local Industrial ("LI") Subdistricts within the Hyde Park Neighborhood District. The LI Subdistricts are further subdivided into LI-1 and LI-2 Subdistricts, the latter of which allows for moderately greater FAR. The purpose of Local Industrial Subdistricts is to encourage the preservation of the existing manufacturing and industrial base in a manner that is sensitive to and preserves the quality of life of the surrounding neighborhoods, and to encourage the development of new job opportunities and innovation within the manufacturing and industrial sector in the Hyde Park Neighborhood District.

The following Local Industrial Subdistricts are established:

1.

Hyde Park/Margin/Grantley Local Industrial (LI-1) Subdistrict

2.

Providence/Collins/Westminster Local Industrial (LI-1) Subdistrict

3.

Providence/Arlington/West Local Industrial (LI-1) Subdistrict

4.

Meadow Road Local Industrial (LI-1) Subdistrict

5.

River/Knight/Roxana Local Industrial (LI-1) Subdistrict

6.

Business/Reservation Local Industrial (LI-2) Subdistrict

7.

Westinghouse Plaza Local Industrial (LI-2) Subdistrict

8.

Hyde Park/Reservation/Milton Local Industrial (LI-2) Subdistrict

9.

Boston/Dedham Industrial Park Local Industrial (LI-2) Subdistrict

10.

Industrial Drive/Readville Yard Local Industrial (LI-2) 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, § 64c., 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 D of this Article.

This Section 69-16 establishes Conservation Protection ("CPS") Subdistricts in the Hyde Park Neighborhood District. The Conservation Protection Subdistricts are established to promote the most desirable use of land and siting of development in areas with special natural or scenic features in accordance with a well considered plan, and to protect and enhance the natural and scenic resources of Hyde Park.

The following Conservation Protection Subdistricts are established:

1.

Maple Street and Walnut Street Conservation Protection (CPS) Subdistrict

2.

Beechmont Terrace Conservation Protection (CPS) Subdistrict

3.

Dedham Line Conservation Protection (CPS) Subdistrict

4.

Manila Avenue Conservation Protection (CPS) Subdistrict

5.

Monterey Hilltop Conservation Protection (CPS) Subdistrict

6.

Pleasant View Conservation Protection (CPS) Subdistrict

7.

Sprague Pond Waterfront Conservation Protection (CPS) Subdistrict

8.

Tacoma Street and Stafford Street Conservation Protection (CPS) Subdistrict

Within the Conservation Protection 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.

(Text Amd. No. 416, § 64d., 7-2-2015.)

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

In order to assure that any significant new development within the Conservation Protection Subdistricts occurs in a manner that is protective of the special natural and scenic features in accordance with a plan considering the most desirable land uses for such areas, requirements for Boston Redevelopment Authority review of site plans for Proposed Projects in Conservation Protection Subdistricts apply as provided in Article 80 for the Site Plan components of Large Project Review and Small Project Review, pursuant to Section 80B-2 (Applicability of Large Project Review) and Section 80E-2 (Applicability of Small Project Review), respectively.

This Section 69-20 establishes Open Space ("OS") Subdistricts in the Hyde Park Neighborhood District. The purpose of the Open Space Subdistricts is to enhance the quality of life for Hyde Park'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 Hyde Park Neighborhood District are listed in Table 1 of this Section 69-20 and are of the following types:

1.

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

2.

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

3.

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.

4.

Urban Plaza Open Space (OS-UP) Subdistricts. Urban Plaza Open Space (OS-UP) Subdistricts are designated for passive recreational uses, shall be directly accessible to the public from an adjoining Street, may be furnished with benches, and other features. Urban Plaza Open Space Subdistricts are subject to the provisions of Section 33-15.

5.

Urban Wild Open Space (OS-UW) Subdistrict. Urban Wild Open Space Subdistricts shall consist of land not in the City's park system that includes such features as undeveloped hills, rock outcroppings, quarries, woodlands, meadows, scenic views, inland waters, freshwater wetlands, flood plains, wildlife habitat, or any estuary, creek, river, stream, pond, or lake, or any land under said waters. Urban Wild Open Space Subdistricts are subject to the provisions of Section 33-12.

This Section 69-21 establishes Greenbelt Protection Overlay Districts ("GPOD") in the Hyde Park Neighborhood District shall preserve and enhance air quality by protecting the supply of vegetation and open space along the City's Greenbelt Roadways; enhance and protect the natural scenic resources of the City; protect the City's Greenbelt Roadways from traffic congestion; and abate serious and present safety concerns.

The following Greenbelt Roadways and their adjacent areas between the boundary lines shown on Map 12, entitled "Hyde Park Neighborhood District," and described in Article 29 are designated Greenbelt Protection Overlay Districts, as follows:

1.

Dedham Parkway Greenbelt Protection Overlay (GPOD) District

2.

Enneking Parkway Greenbelt Protection Overlay (GPOD) District

3.

Neponset Valley Parkway Greenbelt Protection Overlay (GPOD) District

4.

Truman Parkway Greenbelt Protection Overlay (GPOD) District

5.

Turtle Pond Parkway Greenbelt Protection Overlay (GPOD) District

Any Lot within a GPOD is subject to the provisions of this Article and Code applicable to the subdistrict within which it is located and to the provisions of Article 29 (Greenbelt Protection Overlay Districts).

This Section 69-22 establishes Riverfront Protection Overlay Districts ("RPOD") in the Hyde Park Neighborhood District. The Riverfront Protection Overlay Districts are established to preserve and enhance river resources and the natural environment by protecting the supply of vegetation and open space along the City's waterways. This district encompasses land within 200 feet of the centerline of the waterway. The Design Component of Small Project Review shall apply to Proposed Projects within the RPOD that are new non-residential buildings or existing structures adding two thousand (2,000) or more square feet of gross floor area. The RPOD requires compliance with design guidelines. Design guidelines shall respect the natural features of the area, require waterfront setbacks and encourage public access and views to the water, and require the screening of all service areas and, for commercial buildings, encourage porches or decks facing the water. Use of impervious surfaces should be minimized to improve natural hydrology and river water quality and should include benches, adequate trash receptacles and pet waste removal stations.

The following Rivers and their adjacent areas between the boundary lines shown on Map 12, entitled "Hyde Park Neighborhood District," are Riverfront Protection Overlay Districts:

1.

Neponset River Riverfront Protection Overlay (RPOD) District

2.

Mother Brook Riverfront Protection Overlay (RPOD) District

This Section 69-23 establishes Neighborhood Design Overlay Districts ("NDOD") as overlays to all or portions of certain subdistricts within the Hyde Neighborhood District. The Neighborhood Design Overlay Districts are established to protect the existing scale, quality of the pedestrian environment, character of the residential neighborhoods, and concentrations of historic buildings within the Neighborhood Design Overlay Districts. Whether through new construction or rehabilitation, development within these Neighborhood Design Overlay Districts that preserves and complements the existing character and enhances the historic quality of these neighborhoods is encouraged.

The following Neighborhood Design Overlay District is established:

1.

The Haleyville and Webster Square Design Overlay (NDOD) District. The area of Hyde Park known in the late 19th century as Haleyville contains handsomely designed and often substantial Italianate, Queen Anne/Colonial Revival, and Colonial Revival houses dating from c. 1870 through the turn of the 20th century. Most of these residences were built by local builder/contractor Charles Haley who, for 50 years, lived at 1161 Hyde Park Avenue. Haley was an important developer in the town, and the stretch of houses along Hyde Park Avenue is indicative of the highest quality of his work and forms an important gateway to Cleary Square.

The Webster Square section of Hyde Park, centered around and small park and continuing along and around Central Avenue, contains a mix of residential architectural styles, including some of Hyde Park's finest examples of Gothic Revival, Italianate, and Queen Anne Housing. At 17 Webster Street is the long-time home of American Impressionist landscape painter John J. Enneking. Facing the Webster Square park is the 1910-1911 Modern Gothic style First Congregational Church, designed by Kilham and Hopkins and listed on the National register of Historic Places in 1999.

2.

The Fairmount Historic District Design Overlay (NDOD) District. Although sited on a steeply sloping hill, Fairmount is laid out in a fairly strict grid pattern, with the curvilinear exceptions of Williams Avenue and Pond Street. Now an area of mixed architectural character, the original settlement developed by the 20 Associates—which focused around Fairmount Avenue, and Williams, Pond, Water, and Highland Streets—consisted of a nucleus of 20 houses patterned after the same Italianate design. By 1876, the development extended from Dana to Metropolitan Avenue, and was characterized primarily by Italianate, Mansard, and Gothic Revival dwellings typical of the period. Interspersed with the many larger residences are houses of more modest dimensions, as well as cul de sac developments from the mid-20th century. While there is a substantial amount of later infill, the area retains is consistently residential character. Many of the houses from the mid-19th century through early 20th century are outstanding examples of their types and are in an excellent state of preservation. Both historically and architecturally significant, the district contains the layout of original 1856 settlement, and retains many of the original structures, including Italianate houses of the 20 Associates, Fairmount Hall, and others constructed during the same period, as well as the residential sites of notable people such as abolitionist Theodore Weld.

3.

Child Street/Sunnyside Design Overlay (NDOD) District. Although the residential development of Sunnyside began in the mid 1850s by the Hyde Park Company just prior to the settlement of Fairmount, the earliest remaining building fabric of this district dates from the late 1860s through the early 1870s. Sunnyside housed both the town's wealthy mill owners as well as its mill workers, with the business managers and owners residing on the "hill" and the workers remaining near the river and the industrial plants. Although Child Street in particular is characterized by its retention of houses of some of the town's most affluent residents, including several architecturally notable houses in a good state of preservation dating from c.1870 through the 1890's, Sunnyside's residential development retains many examples of modest and well-designed housing characteristic of much of the area

4.

Mt Neponset Design Overlay (NDOD) District. The area known in the 19th century as Mt. Neponset was laid out by the Hyde Park Real Estate and Building Company in 1858. The plan for the hillside slopes of Mt. Neponset included streets that reflect the contours of the land and were named after trees that formerly were located in abundance on its slopes. The curling axes of Oak, Maple, Pine, and Walnut Streets sharply contrast to the rather strict grid pattern cut through earlier on Fairmount. Building on Mt. Neponset began in the early 1860s, and by 1872 it was substantially developed with Italianate and Mansard housing. A few fine houses in the Queen Anne and Shingle styles were added into the 1890s. Mt. Neponset also provided the site for a church for Hyde Park's growing Catholic community when Most Precious Blood Church was constructed between 1880 and 1885, with its complex of a rectory, convent, and school that followed.

Although a few lots have been subdivided and a small number of 20th-century infill houses were built, Mt. Neponset's distinctive curvilinear street pattern and original density are largely unchanged, and it is particularly rich in its intact collection of Mansard and Italianate dwellings.

5.

Hyde Park Main Streets Design Overlay (NDOD) District. "Downtown" in Hyde Park, by the late 1860s, was already focused along the stretch of Fairmount Avenue and River Street between the two railroad stations. By the early 1870s, this part of town housed several commercial blocks, and was the location of Hyde Park's Baptist, Congregational, and Episcopal Churches. By the end of the 19th century, local building laws required that all new development in this area be of masonry construction, and during the next two decades the character of Cleary and Everett (now Logan) Squares changed from one of frame blocks and stores to a commercial center of decidedly urban character. (74-84 Fairmount Avenue represents a rare wooden survivor in the district from its earliest period of development.) Substantial brick commercial buildings such as the Fallon Building, Way Building, the Bank Block (dating from 1875 and originally Ruskinian Gothic in style but extensively remodeled in a Colonial Revival Style in the early 20th century), 1-11 Fairmount Avenue (containing the Everett Square Theatre), and French's Block (home to Riverside Theatre Works housed in the old French's Opera House) are impressive remnants of this era. Over time, these commercial buildings were joined by imposing civic and institutional buildings such as the Hyde Park Library, the YMCA, the Police Station, and the Municipal Building. Of the original churches on Fairmount Avenue and River Streets, only Christ Church (designed by the prominent architectural firm of Cram, Wentworth, and Goodhue and listed on the National Register of Historic Places) survives. Although several substantial buildings have been lost or reduced in height as a result of suburbanizing forces in the mid 20th century, the district retains much of its feel as a lively and relatively dense commercial center. Designated a Boston Main Streets district in 1995 and a Historic Neighborhood Center by Historic Boston Incorporated in 2007, future development to restore some of the district's original density and support its economic revitalization could take its cue from what is known of its lost buildings, many of which have been documented using the resources of the Hyde Park Historical Society.

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

Any Proposed Project within a Neighborhood Design Overlay District is subject to review by the Boston Landmarks Commission, as set forth in this Section 69-24. Within five (5) days of its receipt of the application, the Boston Redevelopment Authority shall transmit a copy of the application to the Boston Landmarks Commission for its review. The Boston Landmarks Commission may, within thirty (30) days after its receipt of the application, file with the Boston Redevelopment Authority a report with recommendations, together with maps, plans, and other materials to aid the Boston Redevelopment Authority in determining consistency with the design guidelines set forth in Section 69-25.2 of this article. The Boston Redevelopment Authority shall not transmit its findings to the Inspectional Services Department until the Boston Redevelopment Authority has received and considered the Boston Landmarks Commission report with recommendations, provided that if the Boston Redevelopment Authority has not received such report within thirty (30) days, it may transmit the Director's certification to the Inspectional Services Department without such report.

1.

Applicability of Design Review. To ensure that growth in the Hyde Park 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 69-25.1. In addition to those Proposed Projects specified in Section 80E-2.1, the following Proposed Projects are subject to the Design Component of Small Project Review pursuant to subsection (b) (iv) (Design Review Required by Underlying Zoning) of Section 80E-2.1:

(a)

Any Proposed Project, if visible from a public street or public open space, that proposes the erection of a new Building or the addition or expansion of an existing Building or Structure by more than seven hundred fifty (750) square feet or more of Gross Floor Area. In connection with the design review for such Proposed Projects, to the extent that they are not subject to Article 80 Small or Large Project Review, the Boston Redevelopment Authority shall notify abutters, the Mayor's Office of Neighborhood Services, and the relevant District City Councilor within five (5) days of its receipt of all materials required under such review. A fourteen (14) day public comment period concerning the Proposed Project shall commence upon the issuance of this notice.

2.

Design Guidelines. This Section 69-25 establishes the following design guidelines for the Hyde Park Neighborhood District.

1.

Site Plan.

(a)

Site planning, including location of buildings, open space, 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.

(d)

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

(e)

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 fa¸ades to the street and neighboring structures. A fa¸ade 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.

(f)

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.

(g)

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.

(h)

Storefronts and display windows should be open and welcoming to the shopper and stroller. fa¸ade 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 69-26 of this Article).

(i)

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.

(j)

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.

(k)

A zone for signs on the Building façade should be established, defined by a change in fa¸ade color and/or materials, or by an articulation of the fa¸ade, and all permanent signs mounted on the Building fa¸ade 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 fa¸ade. 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 69-28 of this Article).

(l)

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. (Refer to Section 69-27 of this Article).

(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 Business and Local Industrial Subdistricts more attractive and to provide screening between business, industrial, and residential uses.

Except as otherwise expressly provided in this Article or Code, the provisions of this Section 69-26 shall apply to Proposed Projects within those subdistricts specified in this Section 69-26, 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 69-26.

1.

Street Wall Continuity in Certain Subdistricts. This Section 69-26.1 shall apply within the Neighborhood Business Subdistricts and 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 69-26.1, 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 fa¸ade 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.

(a)

Street Wall Continuity in Neighborhood Business Subdistricts. In any Proposed Project that is subject to this Section 69-26.1, each newly constructed or relocated Street Wall shall be built to be coextensive with the Building Line of the Block on which the Street Wall faces. If there is no determinable Building Line of said Block, then such Street Wall shall be built at a depth from the Street Line equal to that of the Building Line closest to the Street Line of the two blocks adjacent to said Block, facing the same Street. Notwithstanding the provisions of this Section 69-26.1(a), in no case shall the Building Line be more than ten (10) feet from the Street Line.

If there is no determinable Building Line of either of said adjacent blocks, then the Proposed Project shall be deemed to be subject to the Design Component of Small Project Review for the limited purpose of determining an appropriate Street Wall location.

(b)

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 69-27 of this Article (Screening and Buffering), or

(ii)

six (6) feet.

2.

Display Window Area Regulations in Neighborhood Business Subdistricts and Local Industrial Subdistricts. This Section 69-26.2 shall apply in the Neighborhood Business Subdistricts and Local Industrial Subdistricts to any Proposed Project for the uses specified in this Section 69-26.2. 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 69-26.2(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 69-26.2(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 Hyde Park Neighborhood District and to ensure that its business and industrial subdistricts are appropriately separated from adjacent areas, the screening and buffering requirements of this Section 69-27 shall apply to those Proposed Projects described in this Section 69-27, except where provisions for adequate screening and buffering have been established for a Proposed Project through Large Project Review or Small Project Review, pursuant to Article 80. The provisions of Article 6A shall apply to the provisions of this Section 69-27.

1.

Screening and Buffering Along Property Lines Abutting Public Streets, Public Parks, and Certain Subdistricts and Uses. Where any Lot line of a Proposed Project located in a Neighborhood Business Subdistrict or Local Industrial Subdistrict abuts

(a)

a public park, or

(b)

a Residential Subdistrict or Residential Use, and where any Lot line of a Proposed Project located in a Local Industrial Subdistrict abuts

(a)

a public street,

(b)

a public park,

(c)

a Residential Subdistrict or Residential Use, or

(d)

a Neighborhood Business Subdistrict, such Proposed Project shall provide and maintain, along each Lot line abutting such street, park, subdistrict, or use, a strip of shrubs and trees densely planted along the inside edge of a 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 of a Neighborhood Business Subdistrict abutting a public street or public park, the fence type must be a metal picket fence. The height of the fence shall be no less than three (3) feet and no more than four (4) feet above Grade. Along a Lot line abutting a Residential Subdistrict, Residential Use, or Neighborhood Business Subdistrict, the height of the fence or wall shall be no less than four (4) feet and no more than seven (7) feet above Grade. If the planting strip abuts a parking area, a curb six (6) inches in height shall separate the landscaped area from the parking area.

2.

Screening and Buffering of Parking, Loading, and Storage Areas. Any off-street parking facility or lot, off-street loading area, or accessory storage area that abuts

(a)

a public street,

(b)

a public park,

(c)

a Residential Subdistrict or Residential Use, or

(d)

in the case of a Lot located in a Local Industrial Subdistrict or a Neighborhood Business Subdistrict, shall be screened from view as provided in this Section 69-27.2. Such screening shall consist of trees and shrubs densely planted in a strip at least five (5) feet wide on the inside edge of a steel-picket or stockade or board-type wooden fence. Such fence shall not be more than fifty percent (50%) opaque and shall be no less than three (3) feet and no more than four (4) feet high. The planting strip shall be separated from any parking area by a curb six (6) inches in height and contain trees of no less than three (3) inches caliper planted no more than fifteen (15) feet apart.

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 or a Neighborhood Business Subdistrict, shall be screened from view as provided in this Section 69-27.4, 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 69-27.1. Disposal areas and dumpsters shall be screened with an opaque wall or fence at least six (6) feet high or by vegetation. Ground-mounted mechanical equipment shall be screened with an opaque wall or fence sufficiently high to provide effective screening 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, provided that no part of the Local Industrial Subdistrict is located within a Greenbelt Protection Overlay District, nor within a Riverfront Protection Overlay District.

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 69-27 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 69-27 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 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 69-27 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 69-27.

The provisions of this Section 69-28 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, Open Space Subdistricts and Conservation Protection Subdistricts. In all Residential Subdistricts, Open Space Subdistricts and Conservation Protection 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, Open Space, and Conservation Protection Subdistricts. In all subdistricts other than Residential Subdistricts, Open Space Subdistricts, and Conservation Protection Subdistricts, there shall not be any Sign except as provided in Article 11 for Signs outside residential districts and as provided in this Section 69-28. Notwithstanding any provision of Section 11-2 to the contrary, the following regulations shall apply:

(a)

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

The bottom of any such Sign should be at least eight (8) feet above Grade. Where the Building wall includes a Sign band, Signs parallel to such wall 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 Allowed only for Gasoline Stations. Where such free-standing Signs are permitted, there shall be only one (1) free-standing Sign on a Lot. Such free-standing Sign shall not have a Sign Area in excess of: (i) fifteen (15) square feet, if there is one use on the Lot; or (ii) thirty (30) square feet, if there are two or more uses on the Lot.

The bottom of such Sign shall not be higher than ten (10) feet above Grade nor lower than eight (8) feet above Grade, and the top of such Sign shall not be higher than eighteen (18) feet above Grade.

(d)

Billboards. Any billboard, signboard, or other advertising subject to the provisions of Section 11-6, except those legally in existence as of the effective date of this Article, is Forbidden in the Hyde Park 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 69-29. 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 (see Appendix A), 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 69-29 shall be provided on the same Lot as the main use to which they are accessory; provided, however, that if the Board of Appeal shall be of the opinion that this is impractical with respect to a particular Lot, said Board, after public notice and hearing and subject to the provisions of Sections 6-2, 6-3, and 6-4, may grant permission for such facilities to be on another Lot in the same ownership 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.

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 69-30. The Front Yard requirements of this Article, and not the Side Yard requirements, shall apply to that part of a side Lot line that is also a Street Line extending more than one hundred (100) feet from the intersection of such line with another Street.

5.

Side Wall of Building Not Parallel to Side Lot Line. If the side wall of a Building is not parallel to the side Lot line nearest to it, but the average distance between such wall and such Lot line is no less than the minimum Side Yard width otherwise required by this Article, and the distance between such wall and such Lot line is at no point less, in the case of a side Lot line that is not also a Street Line, than three-fourths (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 69-30.12 if it finds that open space for all occupants, and light and air for all rooms designed for human occupancy, will not be less than would be provided if the requirements of this Section 69-30.12 were met.

13.

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

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—B Use Regulations

A

Residential Subdistricts

Conservation Protection Subdistricts

B

Neighborhood Business Subdistricts

Local Industrial Subdistricts

Tables C—E Dimensional Regulations

C

Residential Subdistricts

D

Conservation Protection Subdistricts

Local Industrial Subdistricts

E

Neighborhood Business Subdistricts

Tables F—G Parking and Loading Regulations

F

Off-Street Parking

G

Off-Street Loading