The purpose of this Article is to establish zoning regulations for the review and approval of projects for major institutional uses in the context of long-term institutional development plans within the area governed by this Article. The goal of these regulations is to provide for the well-planned development of institutions and to enhance their public service and economic development role in the surrounding neighborhoods; to encourage economic growth and the diversification of Boston's economy, with special emphasis on creating and retaining job opportunities; to preserve, enhance and create open space; to protect the environment and improve the quality of life; to promote the most desirable use of land; and to promote the public safety, health, and welfare of the people of Boston.

The provisions of this Article apply to: (1) land and structures located within the Dana-Farber Cancer Institute Institutional District, and (2) land and structures located outside such Institutional District but described in an Institutional Master Plan approved from time to time in accordance with the provisions of this Article. The land referred to in (1) and (2) above is collectively referred to as the Dana-Farber Cancer Institute Institutional Master Plan Area. The Institutional Master Plan Area is applicable on an overlay basis and may include non-contiguous elements within or outside the Dana-Farber Cancer Institute Institutional District. The boundaries of the Dana-Farber Cancer Institute Institutional District are as shown on the map entitled "Map 1 Boston Proper" of the series of maps entitled "Zoning Districts City of Boston," as amended from time to time.

This Article, together with the rest of this Code, constitutes the zoning regulation for the Dana-Farber Cancer Institute Institutional District, and together with the provisions of an applicable Institutional Master Plan, constitute the zoning regulation for the Dana-Farber Cancer Institute Institutional Master Plan Area. The zoning regulations for such Institutional District and Institutional Master Plan Area apply 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 in 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 to the contrary in this Article, the provisions of this Article supersede Section 8-3 (Use Regulations), Articles 13 through 24, and Article 27M of this Code for the Dana-Farber Cancer Institute Institutional District.

Proposed Projects are exempt from the provisions of this Article, and are 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 has been or 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 to completion so far as is reasonably practicable under the circumstances.

Notwithstanding any contrary provision of this Code, any Institutional Use existing within the Dana-Farber Cancer Institute Institutional District as of the date of the first notice of hearing before the Zoning Commission for the adoption of this Article shall be deemed allowed for all purposes under this Code, whether or not described in an Institutional Master Plan and without need for a Certification of Consistency under Institutional Master Plan Review, pursuant to Section 80D-10.

Any building or structure existing within the Dana-Farber Cancer Institute Institutional District as of the date of the first notice of hearing before the Zoning Commission for the adoption of this Article and:

(i)

used for an Institutional Use as of such date, or

(ii)

adequately described in an applicable Institutional Master Plan in accordance with Section 80D-3.2 (Existing Property and Uses)

shall be deemed to be in compliance, as so existing, with the dimensional, parking, and loading requirements of this Article and shall not be considered dimensionally nonconforming for the purposes of Article 9.

(As amended on May 9, 1996; Text Amd. No. 471, § 14g., 4-3-2024.)

No Planned Development Area shall be permitted for any Proposed Project to which the Institutional Master Plan Review requirement of Section 73-7 applies.

(As amended on May 9, 1996.)

Except as otherwise specifically provided in this Article or Code, no land or structure within the Dana-Farber Cancer Institute Institutional District 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 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.

(As amended on July 31, 1997; Text Amd. No. 416, § 68a., 7-2-2015.)

Except as otherwise specifically provided in this Article or Code, the dimensional requirements governing land and structures in the Dana-Farber Cancer Institute Institutional District are as set forth in Table B of this Article.

(As amended on July 31, 1997.)

Requirements for the review and approval of Institutional Master Plans and Proposed Institutional Projects are set forth in Article 80 for Institutional Master Plan Review. See Section 80D-2 (Applicability of Institutional Master Plan Review) concerning the applicability of such requirements, requirements applicable to exempt projects, exemptions for small institutions, and election to include exempt projects in Institutional Master Plans.

1.

Applicability of Requirement. Any Proposed Institutional Project governed by the provisions of this Article for the erection, extension, or alteration of any structure or part thereof, or the change of use of any structure or land, that is (or immediately after completion will be) used or occupied for an Institutional Use shall be consistent with an approved Institutional Master Plan, within the meaning of paragraph 2(a) (Review Requirement) of Section 80D-2 (Applicability of Institutional Master Plan Review), unless such Proposed Institutional Project is exempt from such requirement pursuant to subsection 2 (Exempt Projects) of this Section 73-7.

2.

Exempt Projects. Within the Dana-Farber Cancer Institute Institutional District, a Proposed Institutional Project is exempt from the requirement of subsection 1 of this Section 73-7 to be consistent with an approved Institutional Master Plan if such Proposed Institutional Project is:

(i)

for interior alterations to an existing building, provided that such Proposed Institutional Project does not involve the establishment or expansion of a High Impact Subuse that will affect, after such establishment or expansion, an aggregate gross floor area of more than fifty thousand (50,000) square feet (which area is not a phase of another Proposed Institutional Project); or

(ii)

for the erection or extension of an Institutional Use, provided that such Proposed Institutional Project does not affect an aggregate gross floor area of more than twenty thousand (20,000) square feet (which area is not a phase of another Proposed Institutional Project).

3.

Institutional Master Plan Previously Filed. The Institutional Master Plan entitled "Dana-Farber Cancer Institute Institutional Master Plan, 1993-2001" dated "March 1994" and approved by the Boston Redevelopment Authority on March 10, 1994, shall be deemed approved hereunder as though such Institutional Master Plan had been approved pursuant to the provisions of this Article and Code.

4.

Time for Renewal of Institutional Master Plan. An Institutional Master Plan Notification Form (IMPNF) seeking renewal of an Institutional Master Plan pursuant to Section 80D-8 (Renewal of Institutional Master Plan) shall be filed on or before the eighth (8th) anniversary of the date of the later of (a) the Zoning Commission's approval of the original Institutional Master Plan, or (b) the most recent renewal thereof by the Zoning Commission (or by the Boston Redevelopment Authority, if no Zoning Commission review was required).

(As amended on May 9, 1996.)

Deleted on May 9, 1996 by Text Amendment No. 230.

Deleted on May 9, 1996 by Text Amendment No. 230.

Deleted on May 9, 1996 by Text Amendment No. 230.

Deleted on May 9, 1996 by Text Amendment No. 230.

Deleted on May 9, 1996 by Text Amendment No. 230.

Deleted on May 9, 1996 by Text Amendment No. 230.

1.

Applicability of Design Review. To ensure that growth in the Dana-Farber Cancer Institute Institutional 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 73-14.1. In addition to those Proposed Projects described in Section 80E-2.1, the following Proposed Projects are subject to the Design Component of Small Project Review, pursuant to paragraph (b)(iv) (Design Review Required by Underlying Zoning) of said Section 80E-2.1:

(a)

Projects Visible from a Public Street or Public Park. Any Proposed Project for the erection or extension of one or more Buildings or Structures, if such Proposed Project is visible from a public street or public park.

2.

Design Guidelines. Any design guidelines adopted by the Zoning Commission or the Boston Redevelopment Authority for the area in which a Proposed Project is located shall apply as design guidelines to such Proposed Project for purposes of design review pursuant to this Article or Code.

(As amended on May 9, 1996 and July 31, 1997.)

Within the Dana-Farber Cancer Institute Institutional District, no off-street parking or loading facilities are required. For any Proposed Project that is subject to the Institutional Master Plan Review requirement of Section 73-7, zoning relief for the provision of off-street parking and loading facilities may be granted through the approval of such parking and loading facilities in an applicable Institutional Master Plan, notwithstanding any contrary provision of Section 3-1A.c. For any Proposed Project that also is subject to Large Project Review, pursuant to Article 80 or by election, the approval of parking and loading requirements or specifications in an applicable Institutional Master Plan shall not preclude the establishment of restrictions on the number of parking spaces or the establishment of additional specifications for the design and location of parking and loading facilities through Large Project Review.

All off-street parking or loading facilities provided for any Proposed Project that is not subject to Large Project Review shall meet the following specifications:

1.

Design.

(a)

Such facilities shall have adequate maneuvering areas 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; and all lighting shall be so arranged as to shine downward and away from streets and residences.

(b)

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.

(c)

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

(d)

Each car space and loading bay shall be located entirely on the Lot.

2.

Maintenance. Such facilities shall be maintained exclusively for the parking of motor vehicles, or for loading and unloading purposes, as the case may be, 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.

(As amended on May 9, 1996.)

A Building or Structure 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 and requirements of this Article are severable, and if any such requirements or provisions shall be held invalid by any decision of any court of competent jurisdiction, such decision shall not impair or otherwise affect any other provision or requirement 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:

Table A - Use Regulations

Table B - Dimensional Regulations