TABLES
Key: A = Allowed, C = Conditional, F = Forbidden
For definitions of use categories and certain specific uses, see Article 2.
For requirements applicable to Institutional Uses, see Note 1.
See Table Footnote: (1)
(As amended on May 9, 1996.)
1.
This Table B sets forth the underlying zoning dimensions for the New England Deaconess Hospital Institutional District. For applicability of the dimensional regulations of this Table B to buildings and structures used for Institutional Uses, see Section 72-3 (Applicability), Section 72-6 (Dimensional Regulations), Section 80D-2.4 (Regulations Applicable to Exempt Projects), and Section 80D-11 (Institutional Master Plan Review: Effect on Applicability of Other Zoning Requirements). See also Section 72-7 (Institutional Master Plan Review Requirement) and Section 80D-2 (Applicability of Institutional Master Plan Review) concerning the applicability of Institutional Master Plan Review to such buildings and structures.
2.
Not applicable to Proposed Institutional Projects described in Section 72-7.2 (Exempt Projects).
(Text Amd. No. 464, §§ 3k., 3l., 11-8-2023.)
(Text Amd. No. 432, § 3, 4-13-2018; Text Amd. No. 459, § A.17., 4-14-2023)
(*As amended on October 20, 2000.)
(‡As inserted on March 15, 2006.)
See Table Footnote: (7)
(*As amended on December 19, 1994.)
(†As inserted on February 16, 2001.)
See Table Footnote: (7)
(*As inserted on August 22, 1996.)
(†As inserted on August 22, 1996.)
(‡As inserted on April 9, 2001.)
(*As inserted on September 18, 2000)
See Table Footnote: (7)
(†As amended on November 7, 1996.)
(*As inserted on November 21, 1996.)
(‡As amended on March 15, 2006)
In the New England Deaconess Hospital Institutional District, an accessory use ordinarily incident to a lawful main use is allowed, subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), unless such use is (i) specifically forbidden as a main use for such subdistrict in this Table A and (ii) not designated "A" or "C" in the accessory use table below. In any event, an accessory use shall be subject to the same restrictions, conditions, limitations, provisos and safeguards as the use to which it is accessory.
Text Amd. No. 464, §§ 3n., 3o., 11-8-2023; Text Amd. No. 471, § 14c., 4-3-2024.)
1.
Note regarding Institutional Uses. The Institutional Use categories "College or University Use," "Hospital Use," and "Nursing or Convalescent Home Use," are defined in Article 2 to include subuses (office, parking, etc.) that also appear as main uses in this Table A. If part of an Institutional Use, pursuant to the provisions of this Article and Article 2, any such subuse shall be regulated as the pertinent Institutional Use and not as an accessory or ancillary use subject to Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking) or as an independent use. To determine whether the substitution of one such subuse for another constitutes a Proposed Institutional Project, and to determine whether a subuse is a High Impact Subuse, see the definition of the pertinent Institutional Use in Article 2.
See Section 72-3 (Applicability), Section 72-5 (Use Regulations), Section 80D-2.4 (Regulations Applicable to Exempt Projects), and Section 80D-11 (Institutional Master Plan Review: Effect on Applicability of Other Zoning Requirements) concerning the applicability of the use regulations of this Table A to Institutional Uses. See also Section 72-7 (Institutional Master Plan Review Requirement) and Section 80D-2 (Applicability of Institutional Master Plan Review) concerning the applicability of Institutional Master Plan Review to such uses.
(As amended on May 9, 1996.)
2.
Provided that, where such use is located in an area where residential uses are permitted: (1) the requirements of St. 1956, c. 665, s.2, where applicable, are met; (2) the use is essential to service in the residential area in which it is located; and (3) in the case of a pumping station, sub-station, or automatic telephone exchange, no storage building or yard is maintained in connection with such use.
3.
Provided that, where such use exists on the effective date of this Article and is designated "F," any expansion of seating or standing capacity of such use is forbidden, notwithstanding any contrary provision of Article 9.
4.
Provided that such use shall comply with all the guidelines and standards promulgated by the National Institutes of Health concerning the care and use of laboratory animals.
5.
Total gross floor area not more than 1,000 square feet per restaurant.
6.
Total gross floor area exceeding 1,000 square feet per restaurant.
7.
If a Retail, Service, or Trade Use is designated "A," it shall be conditional if merchandise is sold or displayed out-of-doors or if such establishment is open to the public after midnight or before 6:00 a.m. and such establishment has direct public access to a public way or sidewalk.
7a.
Where designated "A," provided that any Proposed Project for a General Retail Business shall be conditional if it: (a) establishes an occupancy for a General Retail Business having a gross floor area of seventy-five thousand (75,000) or more square feet; or (b) changes to a General Retail Business the use of a gross floor area of seventy-five thousand (75,000) or more square feet; or (c) enlarges a General Retail Business so as to result in a total gross floor area of seventy-five thousand (75,000) or more square feet.
(As inserted on December 19, 1994.)
7b.
Provided that all storage of beverage containers shall be located entirely within a building, and provided further that such use shall be forbidden within fifty (50) feet of any Residential District or Subdistrict, Open Space District or Subdistrict, or Conservation Protection Subdistrict.
(As inserted on August 22, 1996.)
8.
Small: storage of less than thirty thousand (30,000) gallons of flammable liquids or less than ten thousand (10,000) cubic feet of gases; Large: storage of thirty thousand (30,000) gallons or more of flammable liquids or ten thousand (10,000) cubic feet or more of gases.
9.
Where such use is designated "A," or "C," provided that all washing, painting, lubricating, and making of repairs is carried on inside a building; that such establishment is sufficiently sound insulated to confine all noise to the lot; that all flashing, fumes, gases, smoke and vapor are effectively confined to the lot; and that there is no outdoor storage of damaged, disabled or unregistered motor vehicles for a period of more than one month; otherwise forbidden.
10.
Except allowed if accessory to a residential use, dormitory or fraternity use, or hotel or conference center use (all as defined in Article 2, and including any dwelling converted for more families in separate dwelling units).
11.
Provided that such use is more than four (4) feet from every lot line, and in the case of a swimming pool, that it is protected by a fence at least six (6) feet in height with a gate locked from the outside, and that if the pool is within ten (10) feet of a lot line, the fence is concealing to a height of at least six (6) feet.
12.
Provided that any such use shall be subject to the same restrictions, conditions, limitations, provisos and safeguards as the use to which it is ancillary.
13.
Provided that such shall be forbidden unless located within a building at least ten (10) feet from an entrance. (As inserted on March 15, 2006.)
14.
Cannabis Establishment, provided that any cannabis establishment shall be sited at least one-half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only. (Text Amd. No. 421, § 2, 11-18-16; Text Amd. No. 432, § 3, 4-13-2018; Text Amd. No. 471, § 14c., 4-3-2024)
TABLES
Key: A = Allowed, C = Conditional, F = Forbidden
For definitions of use categories and certain specific uses, see Article 2.
For requirements applicable to Institutional Uses, see Note 1.
See Table Footnote: (1)
(As amended on May 9, 1996.)
1.
This Table B sets forth the underlying zoning dimensions for the New England Deaconess Hospital Institutional District. For applicability of the dimensional regulations of this Table B to buildings and structures used for Institutional Uses, see Section 72-3 (Applicability), Section 72-6 (Dimensional Regulations), Section 80D-2.4 (Regulations Applicable to Exempt Projects), and Section 80D-11 (Institutional Master Plan Review: Effect on Applicability of Other Zoning Requirements). See also Section 72-7 (Institutional Master Plan Review Requirement) and Section 80D-2 (Applicability of Institutional Master Plan Review) concerning the applicability of Institutional Master Plan Review to such buildings and structures.
2.
Not applicable to Proposed Institutional Projects described in Section 72-7.2 (Exempt Projects).
(Text Amd. No. 464, §§ 3k., 3l., 11-8-2023.)
(Text Amd. No. 432, § 3, 4-13-2018; Text Amd. No. 459, § A.17., 4-14-2023)
(*As amended on October 20, 2000.)
(‡As inserted on March 15, 2006.)
See Table Footnote: (7)
(*As amended on December 19, 1994.)
(†As inserted on February 16, 2001.)
See Table Footnote: (7)
(*As inserted on August 22, 1996.)
(†As inserted on August 22, 1996.)
(‡As inserted on April 9, 2001.)
(*As inserted on September 18, 2000)
See Table Footnote: (7)
(†As amended on November 7, 1996.)
(*As inserted on November 21, 1996.)
(‡As amended on March 15, 2006)
In the New England Deaconess Hospital Institutional District, an accessory use ordinarily incident to a lawful main use is allowed, subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), unless such use is (i) specifically forbidden as a main use for such subdistrict in this Table A and (ii) not designated "A" or "C" in the accessory use table below. In any event, an accessory use shall be subject to the same restrictions, conditions, limitations, provisos and safeguards as the use to which it is accessory.
Text Amd. No. 464, §§ 3n., 3o., 11-8-2023; Text Amd. No. 471, § 14c., 4-3-2024.)
1.
Note regarding Institutional Uses. The Institutional Use categories "College or University Use," "Hospital Use," and "Nursing or Convalescent Home Use," are defined in Article 2 to include subuses (office, parking, etc.) that also appear as main uses in this Table A. If part of an Institutional Use, pursuant to the provisions of this Article and Article 2, any such subuse shall be regulated as the pertinent Institutional Use and not as an accessory or ancillary use subject to Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking) or as an independent use. To determine whether the substitution of one such subuse for another constitutes a Proposed Institutional Project, and to determine whether a subuse is a High Impact Subuse, see the definition of the pertinent Institutional Use in Article 2.
See Section 72-3 (Applicability), Section 72-5 (Use Regulations), Section 80D-2.4 (Regulations Applicable to Exempt Projects), and Section 80D-11 (Institutional Master Plan Review: Effect on Applicability of Other Zoning Requirements) concerning the applicability of the use regulations of this Table A to Institutional Uses. See also Section 72-7 (Institutional Master Plan Review Requirement) and Section 80D-2 (Applicability of Institutional Master Plan Review) concerning the applicability of Institutional Master Plan Review to such uses.
(As amended on May 9, 1996.)
2.
Provided that, where such use is located in an area where residential uses are permitted: (1) the requirements of St. 1956, c. 665, s.2, where applicable, are met; (2) the use is essential to service in the residential area in which it is located; and (3) in the case of a pumping station, sub-station, or automatic telephone exchange, no storage building or yard is maintained in connection with such use.
3.
Provided that, where such use exists on the effective date of this Article and is designated "F," any expansion of seating or standing capacity of such use is forbidden, notwithstanding any contrary provision of Article 9.
4.
Provided that such use shall comply with all the guidelines and standards promulgated by the National Institutes of Health concerning the care and use of laboratory animals.
5.
Total gross floor area not more than 1,000 square feet per restaurant.
6.
Total gross floor area exceeding 1,000 square feet per restaurant.
7.
If a Retail, Service, or Trade Use is designated "A," it shall be conditional if merchandise is sold or displayed out-of-doors or if such establishment is open to the public after midnight or before 6:00 a.m. and such establishment has direct public access to a public way or sidewalk.
7a.
Where designated "A," provided that any Proposed Project for a General Retail Business shall be conditional if it: (a) establishes an occupancy for a General Retail Business having a gross floor area of seventy-five thousand (75,000) or more square feet; or (b) changes to a General Retail Business the use of a gross floor area of seventy-five thousand (75,000) or more square feet; or (c) enlarges a General Retail Business so as to result in a total gross floor area of seventy-five thousand (75,000) or more square feet.
(As inserted on December 19, 1994.)
7b.
Provided that all storage of beverage containers shall be located entirely within a building, and provided further that such use shall be forbidden within fifty (50) feet of any Residential District or Subdistrict, Open Space District or Subdistrict, or Conservation Protection Subdistrict.
(As inserted on August 22, 1996.)
8.
Small: storage of less than thirty thousand (30,000) gallons of flammable liquids or less than ten thousand (10,000) cubic feet of gases; Large: storage of thirty thousand (30,000) gallons or more of flammable liquids or ten thousand (10,000) cubic feet or more of gases.
9.
Where such use is designated "A," or "C," provided that all washing, painting, lubricating, and making of repairs is carried on inside a building; that such establishment is sufficiently sound insulated to confine all noise to the lot; that all flashing, fumes, gases, smoke and vapor are effectively confined to the lot; and that there is no outdoor storage of damaged, disabled or unregistered motor vehicles for a period of more than one month; otherwise forbidden.
10.
Except allowed if accessory to a residential use, dormitory or fraternity use, or hotel or conference center use (all as defined in Article 2, and including any dwelling converted for more families in separate dwelling units).
11.
Provided that such use is more than four (4) feet from every lot line, and in the case of a swimming pool, that it is protected by a fence at least six (6) feet in height with a gate locked from the outside, and that if the pool is within ten (10) feet of a lot line, the fence is concealing to a height of at least six (6) feet.
12.
Provided that any such use shall be subject to the same restrictions, conditions, limitations, provisos and safeguards as the use to which it is ancillary.
13.
Provided that such shall be forbidden unless located within a building at least ten (10) feet from an entrance. (As inserted on March 15, 2006.)
14.
Cannabis Establishment, provided that any cannabis establishment shall be sited at least one-half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only. (Text Amd. No. 421, § 2, 11-18-16; Text Amd. No. 432, § 3, 4-13-2018; Text Amd. No. 471, § 14c., 4-3-2024)