Boston City Zoning Code
ARTICLE 8
REGULATION OF USES1
Editor's note— Text Amd. No. 470, § 2, effective April 23, 2024, repealed the former Art. 8, §§ 8-1—8-8, and enacted a new Art. 8 as set out herein. The former Art. 8 pertained to similar subject matter and derived from September 16, 1965; February 3, 1966; December 5, 1966; April 14, 1967; September 7, 1967; May 26, 1970; February 17, 1971; March 20, 1972, May 26, 1972, July 9, 1973; November 30, 1973; June 7 and October 22, 1974, June 7, 1978, October 19, 1978, February 28, 1979; April 11, 1979, and October 31, 1980; October 14, 1981, June 16, 1982; September 23, 1987 and April 29, 1988, July 15, 1988; June 23, 1989, and May 3, 1990; Text Amd. No. 387, 1-26-13Text Amd. No. 410, 12-5-14; Text Amd. No. 416, 7-2-2015; Text Amd. No. 421, 11-18-16; Text Amd. No. 432, 4-13-2018; Text Amd. No. 444, 2020; Text Amd. No. 459, 4-14-2023; Text Amd. No. 463, 8-16-2023; Text Amd. No. 464, § 2, 11-8-2023.
Section 8-1.- Uses Regulated by Districts.
In each district the use of land and structures is hereby regulated as provided in the following sections.
Unless otherwise specified in this Code, no land or structure shall be erected, used, or arranged or designed to be used, in whole or in part, except in conformity with this Article 8.
(Text Amd. No. 470, § 2, 4-23-2024)
Section 8-2. - General Use Provisions.
1.
Allowed Uses. In any applicable district, land or structures may be used for specific purposes where such use is allowed and designated "A," A-G - C," "A-G - F," "A*" "A-G - C*," or "A-G - F*" in Table A or Table B of Article 8.
2.
Conditional Uses. In any applicable district, land or structures may be used for specific purposes where such use is conditional and designated "C," C-G - F," "C*," or "C-G - F*" in Table A or Table B of Article 8, upon receipt of a conditional use permit from the Board of Appeal. The procedures and conditions required for receiving such permit can be found in Article 6. The continued right to a conditional use is dependent upon maintaining the character and extent of operations and structures.
3.
Forbidden Uses. In any applicable district, no land or structure may be used for specific purposes where such use is forbidden and designated "F" in Table A and Table B of Article 8, unless such land or structure is allowed as a nonconforming use under the provisions of Article 9.
4.
Uses Subject to Other Regulations. Allowed and conditional uses shall be subject to dimensional regulations, provisions for off-street parking and loading, and to such other provisions as are specified in other sections of this code. Uses designated in Table A of this Article 8 as "A*", "AG - C*", "A-G - F*", C*," or "C-G - F*" are subject to any applicable Use and Performance Standards provisions identified in the corresponding district article
5.
Accessory Uses. The following provisions apply to any Accessory Use.
a)
General Accessory Use Provisions. An accessory use is a use customarily incident to, and on the same lot as a lawful principal use(s).
Unless otherwise designated as a distinct accessory use in Table A or Table B, any use is allowed as an accessory use customarily incident to, and on the same lot as a lawful principal use(s). Any allowed use is also permitted as an accessory use.
When an accessory use is designated as a distinct accessory use in Table A or Table B with a designation of:
(I)
"A" it is allowed in any applicable district subject to the provisions of Section 8-2.1
(II)
"C" it is conditional in any applicable district subject to the provisions of Section 8-2.2
(III)
"F" it is forbidden in any applicable district subject to the provisions of Section 8-2.3
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.
b)
Limitation of Area. Any such accessory use on a lot shall be limited to no more than twenty-five percent of the floor area of principal or main use(s) to which such use is accessory, unless such accessory use is Accessory Electric Vehicle Charging, Accessory Dwelling Unit (Detached), Accessory Dwelling Unit (non-Detached), Accessory Parking, Accessory Public Transit Use, Accessory Smoking Area, Shared Parking.
c)
Temporary Accessory Uses. If upon application for a permit under this section, the Building Commissioner is of the opinion that a use not conforming to this code is incidental to, and reasonably required for, the development of a lawful use, the Building Commissioner may grant for an initial period of not more than two years, and may extend from time to time but not for more than one year at a time, a permit for such nonconforming use; provided that the Building Commissioner has on file:
(1)
an instrument wherein the applicant for such permit covenants with the city to terminate such use at the expiration of such permit and to remove within three months after such expiration all nonconforming structures erected under such permit, and
(2)
to secure the faithful performances of such covenant, either a bond of an insurance company authorized to do business in Massachusetts or bonds, notes or certificates of indebtedness of the City, the Commonwealth of Massachusetts or the United States, the former in a penal sum, and the latter in the amount, not less than whichever of the following is the greater:
(a)
twice the amount which the Building Commissioner estimates it will cost the City to remove such nonconforming structures or
(b)
one thousand dollars; and provided, further, no such permit shall be extended or renewed to permit such nonconforming use more than seven years after the inception thereof.
(Text Amd. No. 470, § 2, 4-23-2024; Text Amd. No. 490, § 1, 10-28-2025)
TABLE A: - USE REGULATIONS
Key:
Districts. S = Squares + Streets
SKY = Skyline
Status.
ALLOWED
A = Allowed
A-G - C = Allowed only on basement or ground floor (Conditional on upper stories)
A-G - F = Allowed only on basement or ground floor (Forbidden on upper stories)
CONDITIONAL
C = Conditional
C-G - F = Conditional only on basement or ground floor (Forbidden on upper stories)
FORBIDDEN
F = Forbidden
* = Subject to district Use and Performance Standards for the designated use.
Other Use and Performance Standards may apply for all buildings in a district or for certain groups of uses if indicated by the corresponding district article.
See Section 3-1 (Division of the City into Districts) for listing of districts.
(Text Amd. No. 482, § 1, 7-3-2025; Text Amd. No. 490, § 1, 10-28-2025; Text Amd. No. 491, 10-28-2025)
Table A Definitions
The following definitions and size categories shall apply only for Districts in Table A of this Article 8 or where otherwise specified in the Code. For the purposes of determining size categories, total square footage shall mean the total internal area dedicated to a use including storage, mechanicals, and all other occupied and non-occupied space.
Active uses. Uses which are open to the public and produce high levels of coming and going by customers, visitors, and users. Active Uses include Accessory Public Transit Use, Community Center, Grocery Store, Entertainment/Events, Makerspace, Museum, Restaurant, Retail Cannabis Establishment, Retail Store, Indoor Recreation, Service Establishment, and Social Club.
OPEN SPACE USES
Cemetery. A facility used for the interment of human remains.
Private Open Space. As a principal use, open space on a lot in private ownership which is dedicated to or appropriated for active or passive recreational use and which is not accessible to the general public because of exclusive membership requirements, fees (excluding nominal parking or entrance fees), or physical barriers (excluding those needed for safety). Private Open Space includes, but is not limited to, private sports fields and complexes such as golf courses. Private Open Space does not include open spaces in private ownership that is accessory to another use of the lot, such as yards.
Publicly Accessible Open Space. Open space in public or private ownership dedicated to or appropriated for active or passive recreational use or to the conservation of natural resources and which is intended and designed to be accessible to the general public including having no exclusive membership requirements, fees (excluding nominal parking or entrance fees), or physical barriers (excluding those needed for safety), including but not limited to the waterway areas, beaches, reservations, parks, and playgrounds. See Article 33 (Establishment of Open Space Districts) for categories of Open Space Subdistricts and the uses of open space within them.
CIVIC USES
Adult Day Health Center - A non-residential facility where nursing care, supervision, and health related support services are provided in a structured group setting to persons 18 years of age or older who have physical, cognitive, or behavioral health impairments. Adult day health programs must subsequently receive a Massachusetts Adult Day Health program license for operation.
Child Care/Adult Day Health Center. A facility for day-time care of children or adults.
Child Care Center - Any facility operated on a regular basis, whether known as a child nursery, nursery school, kindergarten, child playschool, progressive school, child development center, or preschool, or known under any other name, which receives children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if those children have special needs as defined in Massachusetts General Laws, for nonresidential custody and care during part or all of the day separate from their parents. Any facility of this type shall comply with the standards, inspectional requirements, and dimensional regulations as established by the Massachusetts Department of Early Education and Care (or a successor agency responsible for the state licensing of home-based child care facilities).
Community Center. A facility, other than a Municipal Use, that provides recreational, educational, or social services to a community, including but not limited to a recreation or social center or similar use.
Municipal Use. A facility owned, operated, or administered by the City or its designee for the purpose of operating and providing government services, including a fire station, police station, courthouse, municipal office, library, community center, or similar use.
Place of Worship. A facility used for religious or spiritual services or observances, as well as the gathering of a religious or spiritual community.
School, K through 12. A facility in which a regular course of public or private educational instruction is given for grades including kindergarten through twelfth grades. For a School offering kindergarten and no higher grades, see Child Care Center.
RESIDENTIAL USES
Artists' Live-Work. A facility that is used for both habitation and Art Studio. When such use is subject to the provisions of Article 80 Large or Small Project Review, any portion of a Building devoted to such use shall be:
(a)
Occupied by persons certified as artists pursuant to the Boston Redevelopment Authority's Artist Certification Process,
(b)
Designed in accordance with Boston Redevelopment Authority standards and guidelines for artists' mixed-use space, and
(c)
Subject to an agreement for artists' housing with the Boston Redevelopment Authority.
Fraternity or Sorority. A housing facility affiliated with a specific educational institution or institutions for which residency is based on membership in an organization with shared social, service, or cultural affinity. Such use may subsequently require a license granted by the Boston Licensing Board for operation.
Household Living. A dwelling that contains one or more dwelling units and that is not any other residential use defined in this Section 8-3. The number of units is further established in Table A of this Section 8-3, unless otherwise specified in the Code.
Lodging House. A dwelling (other than Fraternity, Sorority, or Hotel) containing 4 or more single rooming units or sleeping accommodations which are rented individually, with or without common kitchen facilities, where persons residing within do not have equal rights to the entire dwelling. Such use shall subsequently require a Lodging House License granted by the Boston Licensing Board for operation.
Mobile Home Establishment. A collection of dwellings, other than recreational vehicles, that are transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation.
Shelter Facility. A public or non-profit facility in which short-term residential accommodations and social services, on site or off site, are provided to individuals or families who are experiencing homelessness or at risk of experiencing homelessness.
Supportive Housing. A residence for 4 or more people receiving long-term (monthly or annual) housing accommodations and physical health, mental health, or social services. Such use may include living quarters for staff providing services. Supportive Housing does not include Institutional Uses, as defined in Article 2 and subject to Article 80D.
COMMERCIAL USES
Adult Entertainment. Any establishment used for activities, facilities, performances, or exhibitions, or for the rental or sale of printed or audiovisual entertainment, in which the principal feature or characteristic is an emphasis on matters or conduct depicting, describing or relating to sexual conduct and which is not open to persons under 18 years old by reason of age. Adult entertainment includes but is not limited to bookstores, motion picture theaters, paraphernalia stores, video stores, and establishments which display live nudity for its patrons.
Art Studios. A facility for the creation of physical art or audiovisual content, where the activities produce little to no vibration, fumes, or other nuisances more typical in industrial or manufacturing uses, including but not limited to arts production space and studios, dance and music rehearsal space, or similar use. Such use may include the sale of art which does not require any permanent and dedicated space and is incidental to the Art Studio use. Any space permanently dedicated to sales shall constitute a Retail Store.
Bank. A licensed financial institution dedicated to the extension of credit and the custody, loan, or exchange of money. Such use may include an Automatic Teller Machine in a dedicated vestibule which is accessible directly from a sidewalk or public right of way.
Check Casher. A facility devoted to the cashing of checks or remittance payments for a fee. Check Casher does not include Bank or Automatic Teller Machine.
Drive-in. A facility for which the principle use involves customers receiving services or viewing entertainment, or both, exclusively while seated in a vehicle, including but not limited to a drive-in movie theater, drive-in restaurant, or similar use. Parking spots designated as pick-up locations for retail uses shall not constitute a Drive-in; Drive-through access for a Restaurant does not constitute a Drive-in. .
Entertainment/Events. A facility which is primarily devoted to hosting live entertainment events, including but not limited to event centers, theaters, cinemas, night clubs, concert halls, arenas, and stadiums, or similar use. Such use may receive a Live Entertainment License.
Extra Small - Capacity less than 250 persons.
Small - Capacity of 251-500 persons.
Medium - Capacity of 501-2,000 persons.
Large - Capacity of 2,001-9,999 persons.
Extra Large - Capacity greater than or equal to 10,000 persons.
Funeral Home. A facility used for the care and preparation of human remains. Such use may include facilities to host ceremonies for people to pay their respects.
Grocery Store. A store selling groceries as the primary merchandise, where groceries include fresh produce and other perishable foods and ingredients for preparing food. At least twenty-five (25) percent the total square footage of a Grocery Store shall be devoted to the sale, display or storage of fresh or fresh frozen foods such as fresh meat, poultry, seafood, or produce. No more than twenty-five (25) percent of the total square footage of a Grocery Store may be devoted to the sale, display or storage of alcoholic beverages. A food pantry which sells or otherwise distributes perishable or nonperishable foods to households with limited resources is a Grocery Store.
Small - Total square footage less than 15,000 square feet.
Large - Total square footage greater than or equal to 15,000 square feet.
Hotel. An establishment containing four or more rooms or suites affording transient sleeping accommodations to the general public. Hotel may include space for hosting events. Such use shall subsequently require an Innholder License granted by the Boston Licensing Board for operation.
Small - Fewer than 50 guest rooms and total square footage of less than 50,000 square feet.
Large - At least 50 guest rooms or total square footage greater than or equal to 50,000 square feet.
Indoor Recreation. A facility devoted primarily to indoor large-scale sports or recreation, including but not limited to laser tag, bowling, arcade, ice rinks, or similar use. Indoor Recreation does not include Entertainment/Events. Such use may receive a Live Entertainment License.
Makerspace. A facility for artisans, craftspeople, or small scale manufacturers to work in a communal setting, where the activities produce little to no vibration, fumes, or other nuisances more typical in industrial or manufacturing uses.
Museum. A facility in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited.
Office. A facility where one or more persons do professional, administrative, or similar work, including but not limited to coworking spaces and businesses which may meet with clients on an appointment basis, such as insurance brokers and real estate offices. Office does not include a medical office for a medical professional practicing under a medical license.
Small - Total square footage less than 10,000 square feet.
Medium - Total square footage of 10,001—49,999 square feet.
Large - Total square footage greater than or equal to 50,000—249,000 square feet.
Extra Large - Total square footage greater than or equal to 250,000 square feet.
Research Laboratory. A facility used for the development, conduct, or observation of scientific experimentation or research, including but not limited to the medical, chemical, physical, or biological disciplines, in which all or a portion is dedicated to uses that require specialized facilities and/or built accommodations designed for the development, conduct, or observation of scientific experimentation or research, including but not limited to wet laboratory facilities, clean rooms, controlled environment rooms, and facilities with high-frequency ventilation. May include areas dedicated to other uses that are directly related and accessory to the scientific experimentation and research being conducted, including but not limited to office, storage, and prototype manufacturing.
Restaurant. An establishment devoted to the preparation, sale, and consumption on premises of food or alcoholic beverages. Such use may include take-out. Drive-through access for a restaurant constitutes a district accessory use (see Accessory Drive Through).
Small - Total square footage less than 2,500 square feet.
Large - Total square footage greater than or equal to 2,500 square feet.
Retail Cannabis Establishment. An entity, licensed and registered with the Commonwealth of Massachusetts subject to 935 CMR 500, 105 CMR 725.100, or any successor regulation that acquires, dispenses, possesses, or administers cannabis and products containing cannabis to be sold on the lot and consumed off-site, including a medical use cannabis establishment.
Retail Store. A store for sale of goods, commodities, or merchandise, including but not limited to food, clothing, art, homegoods, hardware, pharmaceuticals, alcohol, tobacco products, and tickets for events. Such use may also include consignment stores or pawnshops. Retail Store does not include Adult Entertainment, Grocery Store, or Retail Cannabis Establishment.
Small - Total square footage less than 2,500 square feet.
Medium - Total square footage of 2,501-10,000 square feet.
Large - Total square footage of 10,001-49,999 square feet.
Extra-Large - Total square footage greater than or equal to 50,000 square feet.
Service Establishment. An establishment, open to customers, that provides services, with or without the exchange of goods. Examples of a Service Establishment include, but are not limited to:
Barber, beauty, or body art establishment.
Tailor, laundry or location for dry-cleaning drop-off;
Post office or parcel pickup/dropoff location;
Fitness center or yoga studio;
Animal daycare, grooming, kennel; or similar use.
Small - Total square footage less than 10,000 square feet.
Large - Total square footage greater than or equal to 10,000 square feet.
Social Club. A facility used or operated by a non-profit membership association that operates for charitable, philanthropic, civic, social, benevolent, educational or similar purposes. The use of such premises is restricted to the members of these organizations and their guests.
Standalone ATM. Automatic Teller Machine which is accessible directly from a sidewalk, public right of way, or outdoor pedestrian accessway or in a dedicated vestibule which is accessible directly from a sidewalk, public right of way or outdoor pedestrian accessway. An Automatic Teller Machine which is inside of a building and not in a dedicated vestibule which is accessible directly from a sidewalk, public right of way, or outdoor pedestrian accessway does not constitute a Standalone ATM and is allowed as an accessory use.
HIGHER EDUCATION USES
College or University Use. An institutional use which may be subject to the provisions of Article 80D, including subuses such as classrooms, dormitories, student housing, eating facilities, research laboratories, athletic facilities, libraries, faculty and other offices, museums, auditoria and other facilities of public assembly, parking, and other similar uses. Additional provisions for College or University Use include:
• Property owned or occupied by a college or university not having a use that is substantially related to education at the post-secondary level, research, scholarship, or student life shall not be deemed to be a college or university use merely by reason of such ownership or occupancy.
• College or university use shall not include property held by a college or university for investment purposes only.
• College or university subuses shall not be treated as accessory or ancillary uses subject to Section 8-2.5 or as independent uses.
• The substitution of one such subuse for another such subuse shall not by itself constitute a Proposed Institutional Project as described in Article 80D unless the new subuse is a High Impact Subuse. A college or university subuse is a High Impact Subuse for the purpose of the review requirements described in Article 80D if it is a dormitory, student housing, athletic facility, facility of public assembly, parking facility, power plant, or centralized heating or cooling plant.
School, Trade or Professional. A facility in which regular course of public or private instruction is given in one or more professions or occupations. School, Trade or Professional does not include any subuse of a College or University Use.
HEALTH CARE USES
Clinic. A facility, including any medical office for a medical professional practicing under medical license, with a gross floor area no greater than 50,000 square feet for the medical, dental, mental health or similar examination and treatment of persons or animals as outpatients or laboratory space dedicated to health care diagnostic procedures and routine testing. Ad hoc health promotion and screening programs shall not by themselves constitute a Clinic.
Hospital Use. A healthcare use which may be subject to the provisions of Article 80D, including subuses such as patient rooms, eating facilities, offices, out-patient clinics, research and clinical laboratories, libraries, auditoria and other facilities of public assembly, nursing schools, nursing residences, parking, and other similar uses. Additional provisions for Hospital use include:
• Property owned or occupied by a hospital not having a use that is substantially related to the provision of in-patient or out-patient health care, including care for those with acute illnesses or injuries, shall not be deemed to be a hospital use merely by reason of such ownership or occupancy.
• Hospital use shall not include property held by a hospital for investment purposes only.
• Hospital subuses shall not be treated as accessory or ancillary uses subject to Section 8-2.5 or as independent uses.
• The substitution of one such subuse for another such subuse shall not by itself constitute a Proposed Institutional Project as described in Article 80D unless the new subuse is a High Impact Subuse. A hospital subuse is a High impact Subuse for the purpose of the review requirements described in Article 80D if it is a facility of public assembly, nursing residence, parking facility, power plant, centralized heating or cooling plant, or ambulatory clinical care facility.
Nursing Home Use. A healthcare use which may be subject to the provisions of Article 80D, including subuses such as patient rooms, health care facilities, nursing residences, eating facilities, mechanical facilities, and other similar uses. Additional provisions for Nursing Use include:
• Property owned or occupied by a nursing or convalescent home not having a use that is substantially related to the provision, by a facility licensed by the state as a nursing, convalescent, or rest home, of care and minor medical treatment for patients in order that they may recover from a medical infirmity, or of long-term care of the elderly or infirm, shall not be deemed to be a nursing or convalescent home use merely by reason of such ownership or occupancy.
• Nursing home use shall not include property held by a nursing or convalescent home for investment purposes only.
• Nursing home subuses shall not be treated as accessory or ancillary uses subject to Section 8-2.5 or as independent uses.
• The substitution of one such subuse for another such subuse shall not by itself constitute a Proposed Institutional Project as described in Article 80D unless the new subuse is a High Impact Subuse. A nursing home subuse is a High Impact Subuse for the purpose of the review requirements described in Article 80D if it is a facility of public assembly, nursing residence, parking facility, power plant, or centralized heating or cooling plant.
TRANSPORTATION USES
Airport-Related Remote Parking Facility. A parking lot or parking garage from which transportation service is offered to airport premises.
Gasoline Station. A facility used for the retail sale of motor fuel and lubricants, not including a car wash, repair garage, or other vehicular services.
Major Transportation Facility. A station or terminal for freight or passenger transportation including train and bus stations and airports. Airport shall include all subuses located on airport premises and generally associated with and related to the operation of an airport, such as access roads; vehicle maintenance, storage, parking, and rental facilities; passenger terminals; offices; restaurants, retail stores; and hotels.
Motor Vehicle Rentals. A facility for the rental of motor vehicles.
Motor Vehicle Sales. A showroom or facility for the sale of motor vehicles which is the principal use of the lot.
Standalone Parking Garage. A structure wherein motor vehicles are parked or stored, either for private vehicular use or for the dispatch and storage of taxicabs, ambulances, or similar use.
Standalone Parking Lot. A lot and used for parking of motor vehicles.
Vehicular Services. Facilities for servicing and repair of motor vehicles, including the installation and sale of automotive parts and supplies. includes bus and truck servicing, carwash, or similar use.
INDUSTRIAL AND STORAGE USES
Crematory. A facility used for the cremation of human remains.
Food and Beverage Production. A facility for the production of food and beverages including but not limited to commercial kitchens, breweries, and distilleries. Such use may include associated Restaurant or Retail Store. If the total square footage of the use, excluding the square footage of associated or accessory Restaurant or Retail Store, is greater than 20,000 square feet, such use shall be considered Light Manufacturing rather than Food and Beverage Production.
General Industrial. Facilities including plants, factories, mills, or other facilities engaged in the mechanical or chemical transformation of materials or substances (which may also include the blending of materials or the assembling of component parts of manufactured products), where such processes do not consist entirely of a Light Manufacturing use or a Food and Beverage Production use and do not include a Restricted Industrial use. The following effects shall not be allowed from any General Industrial use:
1.
Any emission of any air, water, or other pollutants or of radiation or any release of toxic or biohazardous material in violation of federal, state, or local standards or regulations.
2.
Any emission beyond the boundaries of the lot that is known to or can be shown to endanger human health or cause significant damage to property or vegetation.
3.
Any surface water or groundwater contamination that exceeds any applicable state or federal regulations.
4.
Any noise, air pollutant, vibration, dust, odor, change of temperature, or direct glare of lighting, that emanates:
(a)
Beyond any boundary of the lot that abuts a Residential Subdistrict or a Conservation Protection Subdistrict; or
(b)
More than twenty (20) feet beyond any boundary of the lot that abuts any subdistrict (other than a Residential Subdistrict or a Conservation Protection Subdistrict) where a General Manufacturing use is not designated "A" (allowed) in the applicable table of uses; or
(c)
More than fifty (50) feet beyond any boundary of the lot that abuts a subdistrict where a General Manufacturing use is designated "A" (allowed) in the applicable table of uses; if any such effect is detectable at such distances by human senses without aid of instruments and is of sufficient quantity or duration to cause significant annoyance or interference with normal activities.
Light Manufacturing or Trade Establishment. Facilities that process or manufacture materials or goods and typically have low impacts on the surrounding environment. Includes, but not limited to, the design, development, compounding, processing, fabrication, altering, assembly, finishing, packaging, repairing, servicing, renting, testing, handling, or transfer of products such as apparel, food, metal, ceramic, textile, and wood products, electronic machinery, pharmaceutical or diagnostic products.
The following effects shall not be allowed from any Light Manufacturing or Trade Establishment use:
1.
Any emission of any air, water, or other pollutants or of radiation or any release of toxic or biohazardous material in violation of federal, state, or local standards or regulations.
2.
Any emission beyond the boundaries of the lot that is known to or can be shown to endanger human health or cause significant damage to property or vegetation.
3.
Any noise, air pollutant, vibration, dust, odor, change of temperature, or direct glare of lighting that emanates beyond the boundaries of the lot on which the use is located, is detectable at such distance by human senses without aid of instruments, and is of sufficient quantity or duration to cause significant annoyance or interference with normal activities.
Non-Retail Cannabis Establishment. An entity, licensed and registered with the Commonwealth of Massachusetts subject to 935 CMR 500, 105 CMR 725.100, or any successor regulation that acquires, cultivates, possesses, processes (including development of related products such as edibles, MIPs, tinctures, aerosols, oils, or ointments), transfers, transports, or distributes cannabis and products containing cannabis neither to be sold on the lot nor consumed on-site. Non-Retail Cannabis Establishment includes, but is not limited to, a marijuana product manufacturer or a marijuana cultivator.
Restricted Industrial. Restricted industrial uses typically have substantial impacts on the environment in which articles are usually mass produced from raw materials or materials or chemicals, toxic materials, or sewage are stored or transported. Examples of restricted industrial uses include, but are not limited to: Chemical Manufacturing; Electrical Equipment, Appliance, & Component Manufacturing; Fabricated Metal Product Manufacturing; Machinery Manufacturing; Plastics & Rubber Products Manufacturing; Transportation Equipment Manufacturing. Restricted Industrial uses shall not include: Heavy & Civil Engineering Construction; Mining and Extraction: incl: oil, gas, mining, support activities; Petroleum & Coal Products Manufacturing; Waste Management & Remediation Services. The following effects shall not be allowed from any such use:
1.
Any emission of any air, water, or other pollutants or of radiation or any release of toxic or biohazardous material in violation of federal, state, or local standards or regulations.
2.
Any emission beyond the boundaries of the lot that is known to or can be shown to endanger human health or cause significant damage to property or vegetation.
3.
Any surface water or groundwater contamination that exceeds any applicable state or federal regulations.
4.
Any noise, air pollutant, vibration, dust, odor, change of temperature, or direct glare of lighting that emanates beyond the boundaries of the subdistrict in which the use is located, is detectable at such distance by human senses without aid of instruments, and is of sufficient quantity or duration to cause significant annoyance or interference with normal activities.
Self-Storage, A facility where indoor areas for the storage of non-hazardous goods or personal property are available for rent or sale to the general public.
Storage of Fuel or Minerals. The storage, outdoors or in silos, hoppers, and tanks, of solid or liquid fuel or minerals, including, but not limited to, flammable liquids and gasses, coal, crushed stone, sand, or similar materials.
Storage of Supplies and Scrap. The storage of dumpsters, equipment and machinery for construction, junk and scrap, damaged or disabled vehicles, or similar materials.
Urban Agriculture. See Article 89 (Urban Agriculture).
Warehouse or Distribution Center. The holding, storing, and/or distribution of goods, wares, or merchandise. Warehousing shall include wholesale businesses. Such use shall not include Self Storage.
ACCESSORY AND ANCILLARY USES
Accessory Drive-Through. Subject to the provisions of Section 8-2.5 (Accessory Uses), a vehicular queuing lane where patrons place orders or receive goods or services, or both, while seated in a vehicle. Accessory parking designated as pick-up locations for retail uses shall not constitute Accessory Drive-Through.
Accessory Dwelling Unit (Detached). A self-contained, non-transient dwelling unit contained within a separate structure, with its own separate entrance but on the same lot where the Owner is also a resident. The following regulations apply to all Detached ADUs:
1.
The Detached ADU has a building floor plate less than or equal to 900 sf or the building floor plate of the primary structure, whichever is less.
2.
The Detached ADU has a height no greater than 1 and % stories or no greater than the height of primary structure, whichever is smaller.
3.
A lot may contain up to one (1) Detached ADU.
4.
The Detached ADU must be at least 5 feet from any other structure on the lot.
A Detached Accessory Dwelling Unit shall not be subject to the provisions of Section 8-2.5b. The residential structure to which the conversion is occurring must be registered in accordance with Ch. 9-1.3 of the City of Boston Rental Registry Ordinance at the time of conversion.
Accessory Dwelling Unit (non-Detached). A self-contained, non-transient dwelling unit with its own separate entrance, incorporated within the footprint of the principal residential structure where the Owner is also a principal resident. ADUs may be constructed through the incorporation of exterior changes to the existing structure, such as a bump-out, extension, or similar addition to the existing envelope of the structure that result in an increase in overall building footprint. The following regulations apply to all non-detached ADUs:
1.
The additional gross square footage created by the non-detached ADU shall add no more than 75% of the gross square footage of the principal unit or 1250 square feet, whichever is smaller.
2.
The extension, addition, or bump-out of the primary structure to create a non-detached ADU shall be no taller than the height of the primary structure.
3.
A lot shall only contain one (1) non-Detached ADU, however a lot may contain one (1) nondetached ADU and one (1) Detached ADU.
An non-Detached Accessory Dwelling Unit shall not be subject to the provisions of Section 8-2.5b. The residential structure to which the conversion is occurring must be registered in accordance with Ch. 9-1.3 of the City of Boston Rental Registry Ordinance at the time of conversion.
Accessory Electrical Vehicle Charging. Vehicle charging infrastructure accessory to a lawful parking use and including no more than four Direct Current Fast Charging (DCFC) stations or any number of level 1 and level 2 electrical vehicle charging stations as defined by the US Department of Energy. For charging stations associated with non-residential uses or residential uses with three or more units, at least one charger must be provided on a space which meets the size requirements for accessible spaces outlined in the Americans with Disabilities Act (ADA) including an access aisle. This space would be in addition to any fully accessible (non-charger) spaces required by the ADA. For facilities with more than one EV charger, the accessible EV charger space shall follow a "use last" model, including signage, as defined by the U.S. Access Board's Design Recommendations for Accessible Electric Vehicle Charging Stations. Such use shall not be subject to the provisions of Section 8-2.5b.
Accessory Entertainment/Event. Subject to the provisions of Section 8-2.5 (Accessory Uses), a facility which regularly hosts live entertainment events which are incidental the main use. The Boston License Board may require an Entertainment License for this use.
Accessory Family Child Care Home. Subject to the provisions of Section 8-2.5 (Accessory Uses), the use of a dwelling unit for receiving, on a regular basis, temporary custody and care during part or all of the day, children under seven (7) years of age, or children under sixteen (16) years of age if those children have special needs, and receiving for temporary custody and care for a limited number of hours children of school age under regulations adopted by the Board of Early Education and Care as defined in Massachusetts General Laws; provided, however, in either case that:
(1)
The unit is licensed by the Massachusetts Department of Early Education and Care (or a successor agency responsible for the state licensing of home-based child care facilities) for the number of participating children per the agency's standards, inspectional requirements, and dimensional regulations, and
(2)
The total number of children under sixteen (16) in a family child care home shall not exceed ten (10), including participating children living in the dwelling unit.
Accessory Helicopter Landing Facility. An area of land, structure, or associated facilities used for landing and takeoff of helicopters.
Accessory Home Occupation. Subject to the provisions of Section 8-2.5 (Accessory Uses), an occupation for compensation customarily carried on in a dwelling unit by a person residing therein which involves receiving clients or customers. Such occupation shall require only equipment ordinarily incident to a dwelling unit, not involve the on-site employment of more than 3 persons not resident in a dwelling unit on the lot, and not involve trading in merchandise. Home occupations include, but shall not be limited to piano lessons, tutoring, therapy, and similar uses which are clearly incidental to the dwelling for dwelling purposes and do not change the character thereof.
Accessory Keeping of Animals. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Article 89 (Urban Agriculture), the keeping of horses, cows, goats, poultry, pigeons, rabbits, bees, or similar animals other than pigs.
Accessory Keeping of Laboratory Animals. Subject to the provisions of Section 8-2.5 (Accessory Uses), the keeping of laboratory animals incidental to an educational, institutional, or research and development use.
Accessory Motor Vehicle Rentals. An area accessory to a lawful parking use dedicated to the storing of motor vehicles which can be rented on an hourly or daily basis, including car share rentals that may require a membership. Such use shall not be subject to the provisions of Section 8-2.5b.
Accessory Office. Subject to the provisions of Section 8-2.5 (Accessory Uses), a facility used for office space which is accessory to another use.
Accessory Parking. Subject to the provisions of Article 23 (Off-street Parking), a garage or parking space for occupants, employees, customers, students, and visitors of a lawful use, provided that, in the case of a lot lying in two or more districts or subdistricts, such parking is accessory to a use that is lawful in the district or subdistrict in which such parking is located. For parking accessory to a residential use, such parking may include up to two electrical vehicle chargers. Three or more chargers shall constitute Accessory Electrical Vehicle Charging.
Accessory Personnel Quarters. Subject to the provisions of Section 8-2.5 (Accessory Uses), permanent dwellings for personnel required to reside on a lot for the safe and proper operation of a lawful main use of such lot.
Accessory Public Transit Use. When accessory to a main use other than Public Transit Station, passenger facilities, accessways, and amenities provided as part of public transit service. Such use shall not be subject to the provisions of Section 8-2.5b.
Accessory Smoking Area. A facility for consumption of tobacco products on the premises and accessory to a lawful Social Club, Entertainment/Events, Retail Store, or Restaurant. Such use shall not be subject to the provisions of Section 8-2.5b.
Shared Parking. A parking space for the occupants, employees, customers, students, and visitors of one or more lawful uses on other lots which would be lawful accessory parking if it were for only the main use of the lot. Such use shall not be subject to the provisions of Section 8-2.5b.
(Text Amd. No. 478, § 2, 1-22-2025; Text Amd. No. 482, § 1, 7-3-2025; Text Amd. No. 490, § 1, 10-28-2025)
TABLE B: - USE REGULATIONS FOR RESIDENTIAL (R, H), BUSINESS (L, B), INDUSTRIAL (MJ) and Open Space (OS) DISTRICTS
Key:
Residential. R = General, H = Apartment
Business. L = Local, B = General
Industrial. M = Restricted, I = General, MER = Maritime Economy Reserve
* Open Space. OS = Open Space
Status. A = Allowed, C = Conditional, F = Forbidden
See Section 3-1 (Division of the City into Districts) for listing of districts.
For a district or subdistrict with the letter "N" added to its designation, see the article of this code pertaining to the neighborhood district within which such district or subdistrict lies.
For a downtown district, as established under Section 3-1 B, see the article of this code pertaining to such downtown district.
For the Harborpark District, see Articles 42A, 42B, 42E, and 42F and other provisions of this code expressly referenced therein.
ID = Institutional District. See Section 3-1A for specific regulations.
*OS districts are not included in the table below. All uses except Use Items No. 27 and 27A are forbidden in OS districts. Use Item No. 27 is allowed in OS districts subject to the provisions of Article 33 of this code and of St. 1956, c. 665, s. 2, as amended. Use Item No. 27A is allowed in OS districts; provided, however, that in OS districts, Use Item No. 27A is subject to the provisions of Article 33 of this code, and of St. 1956, c. 665, s. 2, as amended.
(Text Amd. No. 475, § 2, 5-30-2024)
SINGLE FAMILY DWELLINGS
Use Item No. 1
Detached dwelling, occupied by not more than one family
Mobile home on a permanent foundation and occupied by not more than one family
*Except F in a flood hazard district.
(As inserted on June 29, 1984)
Semi-detached dwelling occupied by not more than one family on each side of a party wall
TWO-FAMILY DWELLINGS
Use Item No. 4
Detached dwelling occupied by not more than two families
Semi-detached dwelling occupied by not more than two families on each side of a party wall
Attached or row house occupied by not more than two families in each structure between fire walls
MULTI-FAMILY DWELLINGS
Use Item No. 7
Building or group of buildings for occupancy by four or more families in separate dwelling units including apartment hotel without accessory uses specified in Use Item No. 78
*F in R-.5; A in R-.8.
GROUP CARE RESIDENCES
CONVERSION OF DWELLING STRUCTURES
Use Item No. 8
Any dwelling converted for more families in separate dwelling units
*Where structures after conversion will conform to this code; provided that, in a density limitation district, the maximum number of dwelling units with usable interior living area of
(1)
less than 750 square feet, in a building having a gross floor area of 2,000 or more square feet, or
(2)
less than 525 square feet, in a building having a gross floor area of less than 2,000 square feet, is as follows, unless after public notice and hearing and subject to the provisions of Sections 6-2, 6-3, and 6-4 the Board of Appeal grants permission for a larger number: one such unit, if the number of stories containing dwelling units is one to five inclusive; two such units, if the number of stories containing dwelling units is six or seven; and such units not limited if the number of stories containing dwelling units is eight or more.
†Provided that after conversion, the lot area per dwelling unit, the open space, and the off-street parking each meet not less than one-half the requirements of this code and that after conversion any nonconformity as to floor area ratio and yard dimension is no greater than prior to conversion.
Any lodging or boarding house converted for three or more families in separate dwelling units
*Where structures after conversion will conform to this code; provided that, in a density limitation district, the maximum number of dwelling units with usable interior living area of
(1)
less than 750 square feet, in a building having a gross floor area of 2,000 or more square feet, or
(2)
less than 525 square feet, in a building having a gross floor area of less than 2,000 square feet, is as follows, unless after public notice and hearing and subject to the provisions of Sections 6-2, 6-3, and 6-4 the Board of Appeal grants permission for a larger number: one such unit, if the number of stories containing dwelling units is one to five inclusive; two such units, if the number of stories containing dwelling units is six or seven; and such units not limited if the number of stories containing dwelling units is eight or more.
†Provided that after conversion, the lot area per dwelling unit, the open space, and the off-street parking each meet not less than one-half the requirements of this code and that after conversion any nonconformity as to floor area ratio and yard dimension is no greater than prior to conversion.
TEMPORARY DWELLINGS
Use Item No. 9
Temporary dwelling structure
LODGING HOUSES, DORMITORIES, HOTELS, ETC.
Use Item No. 10
Lodging or boarding house
*Except C in L-2-65 and B-3-65.
Dormitory on the same lot as, and accessory to, a use specified in Use Item No. 16A or Use Item No. 18 on a lot of three acres or more
*Except F in H-2-65.
Dormitory on the same lot as, and accessory to, a use specified in Use Item No. 16A or Use Item No. 18 on a lot of less than three acres
*Except F in H-2-65.
Dormitory not upon the same lot as, but accessory to, a use specified in Use Item No. 16A or Use
*Except F in H-2-65.
Dormitory not accessory to a use specified in Use Item No. 16A or Use Item No. 18
*Except F in H-2-65 and H-3-65.
Hotel; motel; apartment hotel
*Except F in H-2-65 and H-3-65.
†F in L-.5 and L-1; A in L-2; C in L-2-65.
EDUCATIONAL INSTITUTIONS
Use Item No. 16 ID
Elementary or secondary school attendance at which satisfies the requirements of the compulsory education laws of the Commonwealth of Massachusetts
*Provided that no play space or parking area is nearer any lot line than the front yard depth required by this code for the lot, and that the requirements of St. 1956, c.665, s.2, where apt, are met.
†A* except C* in H-2-65 and except C* in H-3-65 if an elementary school and F in H-3-65 if a secondary school.
‡Subject to St. 1956, c.665, s.2.
College or university granting degrees by authority of the Commonwealth of Massachusetts
*Except F in H-2-65 and H-3-65; provided, however, that the use shall be C in these districts if it will occupy space being used by the same educational institution for Use Item No. 11, 12, 13, 20, 24, or 79 at the time that such change in use is proposed.
Day care center; nursery school; kindergarten
*Except A in an R-8 district, provided that the facility accommodates no more than 60 children and the use is accessory to Use Item 16, 16A, 20, 21, 27, 28 or 29; otherwise C.
†Provided that the facility accommodates no more than 60 children; otherwise conditional; and except C in H-2-65 and H-3-65 regardless of the number of children accommodated.
Machine shop or other noisy activity accessory to a school, college or university
*Provided that it is located at least one hundred feet from all lot lines and in the opinion of the Board of Appeal is adequately sound-insulated to protect the neighborhood from unnecessary noise.
†Except F in H-2-65 and H-3-65.
OTHER INSTITUTIONAL USES
Use Item No. 20 ID
Library or museum, not conducted for profit and not accessory to a use listed under Use Item No. 16A, 18, 22, 23, or 24
Library or museum not conducted for profit, and accessory to a use listed under Use Item No. 16A, 18, 22, 23, or 24, whether or not in the same lot
*Except A if accessory to Use Item No. 22 and if at least one of the provisos in the footnote of Use Item 22 is met.
Place of worship; monastery; convent; parish house
*Except C in H-2-65, H-3-65 and L-2-65.
Hospital or sanatorium not providing custodial care for drug addicts, alcoholics or mentally ill or mentally deficient persons; clinic or professional offices accessory to a hospital or sanatorium whether or not on the same lot
*Except A provided that
(1)
the land or structure occupied by such use is located in an urban renewal area (U) overlay district or planned development area (D) overlay district as those areas are defined in Section 3-1A; or
(2)
such use is the subject of an application for determination of need filed on or before October 22,1981, with the Department of Public Health of the Commonwealth under Section 25C of Chapter 111 of the General Laws, and such application, as it may be amended or modified, has been granted either prior or subsequent to October 22, 1981, or
(3)
an extension of a pre-existing structure contains no more than 2,500 square feet of gross floor area or a free standing building contains no more than 500 square feet of gross floor area and, in either case, occupies land in medical institutional use prior to October 22, 1981, or
(4)
such use will occupy interior space being used by the same institution for Use Item No. 20A, 22, 24, 29, 77 or 79 at the time such change is proposed.
Convalescent, nursing or rest home; home for the aged; orphanage; or similar institution not for correctional purposes
*Provided that custodial care is not provided for drug addicts, alcoholics or mentally ill or mentally deficient persons.
Any use listed under Use Item No. 22 or 22A providing custodial care for drug addicts, alcoholics or mentally ill or mentally deficient persons
Accessory Research Laboratory.
*Except A if accessory to Use Item No. 16 and also A if accessory to Use Item No. 22 and at least one of the provisos in the footnote of Use Item No. 22 is met.
a.
New cemetery
b.
Extension of a cemetery existing on the effective date of this code
c.
Mortuary chapel in a cemetery
d.
Crematory in a cemetery
e.
Columbarium in a cemetery
*Provided that such chapel is located more than one hundred and fifty feet from every lot line of the cemetery that abuts land in a S, R or H district that is not part of a cemetery.
†Provided that such crematory is located more than three hundred feet from every lot line of the cemetery that abuts land in a S, R or H district that is not part of a cemetery.
RECREATIONAL USES
Use Item No. 27
Open space in public ownership dedicated to or appropriated for active or passive recreational use or to the conservation of natural resources," including but not limited to the waterway areas, beaches, reservations, parks, and playgrounds within the boundaries of the City of Boston; or, open space in private ownership for active or passive recreational use or for the conservation of natural resources. In an OS district there shall be no structures except those accessory to open space uses, in accordance with Use Item No. 27 A
*Subject to St. 1956, c. 665, s.2, as amended.
Open space recreational building, a structure on an open space area that is necessary and/or appropriate to the enhanced enjoyment of the particular open space area.
In an OS district, such structure is C and, further, is subject to the provisions of Article 33.
*Subject to St. 1956, c. 665, s.2, as amended.
Private grounds for games and sports not conducted for profit
*Provided
(1)
that no parking area or active outdoor recreation area is nearer any lot line than the front yard depth required by this code for the lot, and
(2)
that, unless after public notice and hearing and subject to the provisions of Sections 6-2, 6-3 and 6-4, the Board of Appeal grants permission therefor, there are no accommodations for spectators nor outdoor floodlights nor any indoor or outdoor activity which is in itself noisy.
Adult education center building; community center building; settlement house
*Provided
(1)
that no parking area or active outdoor recreation area is nearer any lot line than the front yard depth required by this code for the lot, and
(2)
that, unless after public notice and hearing and subject to the provisions of Sections 6-2, 6-3, and 6-4, the Board of Appeal grants permission therefor, there are no accommodations for spectators not outdoor floodlights nor any indoor or outdoor activity which is in itself noisy.
†Except C in H-2-65, H-3-65 and L-2-65.
Private club (including quarters of fraternal organizations) operated for members only
*Provided
(1)
that no parking area or active outdoor recreation area is nearer any lot line than the front yard depth required by this code for the lot, and
(2)
that there are no accommodations for spectators nor outdoor floodlights nor any indoor or outdoor activity which is in itself noisy.
†Except C in B-3-65.
PUBLIC SERVICE USES
Use Item No. 31
Public service pumping station; public service sub-station, automatic telephone exchange; telecommunications data distribution center; outdoor payphone
Provided that the structure is essential to service in the residential area in which it is located, that no business office nor any storage building or yard is maintained in connection with it, and that the requirements of St. 1956, c. 665, s.2, where apt, are met.
*Subject to St. 1956, c. 665, s.2.
Telephone exchange (other than automatic)
*Provided that it is essential to service in the area in which it is located.
RETAIL BUSINESS
Use Item No. 34
Store primarily serving the local retail business needs of the residents of the neighborhood, but not constituting a business as described in Use Item No. 34A, including, but not limited to, store retailing one or more of the following: food, baked goods, groceries, packaged alcoholic beverages, drugs, tobacco products, clothing, dry goods, books, flowers, paint, hardware and minor household appliances
A shop for the barter, rental or sale of printed matter, pictures or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age; or if such shop keeps a part of such stock segregated as available to only one or more classes of the public excluding any minor by reason of age; or shop for the barter, rental or sale of printed matter, pictures or motion picture film bearing a legend restricting it to adults only or to one or more classes of the public excluding any minor by reason of age
*Except A in an adult entertainment district.
Department store, furniture store, general merchandise mart, or other store serving the general retail business needs of a major part of the city, including accessory storage
*The sale or display of merchandise out of doors on the premises of such store shall require a supplementary or separate conditional use permit granted by the Board of Appeal under Sections 62, 6-3, and 6-4.
†Except C if merchandise is sold or displayed out of doors on the premises of such store.
‡Except C if such use will occupy a gross floor area of seventy-five thousand (75,000) or more square feet after it is established or enlarged; provided, however, that this footnote shall not apply in an 1-2 district within the area bounded on the northeast by Interstate 93, on the northwest by the Midland Division railroad right-of-way, and on the southwest by Massachusetts Avenue.
Sale within a building of automotive parts, including, but not limited to, batteries, seat covers, tires, alternators, generators, carburetors, headlamps, fanbelts, motor oil, and similar automotive parts and accessories and supplies
*C if a maritime-dependent use; otherwise F.
RETAIL CATERING
Use Item No. 36A
Sale over the counter, not wholly incidental to a use listed under Use Item No. 34 or Use Item No. 37 or Use Item No. 50, of on-premises prepared food or drink for off-premises consumption or for on-premises consumption if, as so sold, such food or drink is ready for take-out
EATING PLACES AND ENTERTAINMENT
Use Item No. 37
Lunch room, restaurant, cafeteria or other place for the service or sale of food or drink for on-premises consumption, provided that there is no dancing nor entertainment other than phonograph, radio and television, and that neither food nor drink is served to, or consumed by, persons while seated in motor vehicles
*Except C in L-2-65, B-3-65, B-6-90a, and B-8-120a.
The maintenance and operation of any amusement game machine in a private club, dormitory, fraternity or sorority house, or similar noncommercial establishment (other than as an accessory use described in Use Item No. 86A)
Except C in B-3-65, B-6-90a, B-8-120a, B-8-120b, and M-8.
Place for sale and consumption of food and beverages (other than drive-in restaurant) providing dancing or entertainment or both; theater (including motion picture theater but not drive-in theater); concert hall; dance hall; skating rink; bowling alley; pool room; billiard parlor; other social, recreational or sports center conducted for profit; or any commercial establishment maintaining and operating any amusement game machine (other than as an accessory use described in Use Item No. 86B or 86C); provided that such establishment is customarily open to the public at large and does not exclude any minor by reason of age as a prevailing practice
*A in B-1, B-2, B-4, B-8 and B-10; C in B-3-65, B-6-90a, B-8-120a, and B-8-120b.
†A in M-1, M-2, M-4; C in M-8.
OFFICE USES
Use Item No. 39
Office of accountant, architect, attorney, dentist, physician, or other professional person, not accessory to a main use
*Except F in H-2-65 and H-3-65; C in H-1, H-1-40, H-1-50, H-2, H-2-45 or H-3 only if it is within two hundred feet of an H-4, H-5, L, B, M, I or W district.
#Except C in L-2-65 if the use is in the basement or first floor.
†Except subject to Article 34, for a period of three years from its effective date.
The effective date of Article 34 was April 29, 1988.
Clinic not accessory to a main use
*Provided that if in an H-1, H-1-40, H-1-50, H-2, H-2-45, H-2-65 or H-3 district, it is within two hundred feet of an H-3-65, H-4, H-5, L, B, M, I or W district.
Cannabis Establishment
*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.
Real estate, insurance or other agency office
*Except subject to Article 34, for a period of three years from its effective date.
#Except C in L-2-65 if the use is in the basement or first floor.
The effective date of Article 34 was April 29, 1988.
Office building, post office, bank (other than drive-in bank) or similar establishment
*Except subject to Article 34, for a period of three years from its effective date.
#Except C in L-2-65 if the use is in the basement or first floor.
The effective date of Article 34 was April 29, 1988.
Office or display or sales space of a wholesale, jobbing or distributing house
*Provided that not more than twenty- five percent of gross floor area devoted to this use is used for assembling, packaging and storing merchandise unless after public notice and hearing and subject to the provisions of Sections 6-2, 6-3 and 6-4, the Board of Appeal grants permission for a greater percentage to be so used.
SERVICE ESTABLISHMENTS
Use Item No. 43
Barber shop; beauty shop; shoe repair shop; self-service laundry; pick-up and delivery station of laundry or dry-cleaner; or similar use
*Except C if the hours during which such establishment is open to the public begin before 6 A.M. or extend beyond 12 midnight.
Tailor shop; hand laundry; dry-cleaning shop
*Provided that only nonflammable solvents are used for cleaning; and in L districts, provided also that not more than five persons at a time work in the establishment.
Caterer's establishment; photographer's studio; printing plant; taxidermist's shop; upholsterer's shop; carpenter's shop; electrician's shop; plumber's shop; radio and television repair shop; radio or television studio
*Provided that not more than five persons at a time work in such establishment, studio, plant or shop.
Container redemption center
All storage of beverage containers shall be located entirely within a building.
*Except F within fifty (50) feet of a residential district or sub- district, Open Space district or subdistrict, or Conservation Protection subdistrict.
†A if a maritime-dependent use; otherwise F.
OPEN AIR AND DRIVE-IN USES
Use Item No. 50
Drive-In bank; drive-in restaurant; drive-in cafeteria; or other place for the service or sale of on-premises prepared food or drink for on-premises or off-premises consumption, providing off-street parking facilities for its customers while doing business on the premises; outdoor sale or display for sale of garden supplies, agricultural produce, flowers and the like
Drive-in theater; stadium, or other outdoor place of assembly, operated for profit; golf driving range; other outdoor place of recreation operated for profit, Provided that such establishment is customarily open to the public at large and does not exclude any minor by reason of age as a prevailing practice
WHOLESALE BUSINESS AND STORAGE
Use Item No. 54
Wholesale business, including accessory storage (other than of flammable liquids, gases and explosives) in roofed structures
Outdoor storage of: new building materials, contractor's equipment, machinery, metals (other than scrap and junk), and the like
*Provided that any material or equipment stored to a height greater than four feet above grade level is surrounded by a wall or tight fence not less than seven feet high.
Warehouse; storage, outdoors or in silos or hoppers, of coal, coke or other solid fuel or of crushed stone, sand or similar material; storage of fifteen thousand gallons or less of flammable liquids or of ten thousand cubic feet or less of gases
*Provided that all dust and dirt incident to storage or handling is effectively confined to the lot; and in M districts, provided also that any material stored to a height greater than four feet above grade level is surrounded by a wall or tight fence not less than seven feet high.
Storage of dumpsters not accessory or ancillary to a Main Use, nor used in conjunction with the ongoing operation of a permitted site with explicit legal use and occupancy as a dumpster repair facility, waste hauling contractor yard, or site assigned and licensed solid waste management facility
Outdoor storage of second-hand lumber or other used building material, junk, scrap, paper, rags, unrepaired or uncleaned containers, or other articles; storage of more than fifteen thousand gallons of flammable liquids and of more than ten thousand cubic feet of gases; wrecking and dismantling of motor vehicles
*Provided the use is screened by a wall or tight fence not less than seven feet high.
VEHICULAR STORAGE AND SERVICE
Use Item No. 58
Parking lot
*Provided that the parking lot abuts or is across the street from an L, B, M, I or W district and is operated by an establishment in such district exclusively for the parking of motor vehicles (other than trucks) of, and with- out charge to, its employees, customers and guests; and provided further, in either case, that no vehicle is parked in the front yard required by this code or within a distance equal to the side yard so required from any side or rear lot line adjoining a lot in an S, R or H district, that all lighting is so arranged as to shine downward and away from streets and adjoining lots, and that the parking lot is adequately screened from all streets and adjoining lots.
‡Except F in H-2-65 and H-3-65; also F unless the parking lot either is operated exclusively for the parking of motor vehicles (other than trucks) of persons living in the neighborhood, or abuts or is across the street from a L, B, M, I or W district and is operated by an establishment in such district exclusively for the parking of motor vehicles (other than trucks) of, and with- out charge to, its employees, customers and guests; and provided further, in either case, that no vehicle is parked in the front yard required by this code or within a distance equal to the side yard so required from any side or rear lot line adjoining a lot in a S, R or H district, that all lighting is so arranged as to shine downward and away from streets and adjoining lots and that the parking lot is adequately screened from all streets and adjoining lots.
#At in B-1 and B-2; Ct in other B districts.
†tExcept C in a restricted parking district and except F in a limited parking district.
Parking garage
*Provided that the parking garage is operated exclusively for the parking of motor vehicles (other than trucks) of persons living in the neighborhood except that gasoline and oil may be sold if sales thereof are limited to tenants of the garage and are completely consummated entirely within the garage.
†Except C in a restricted parking district and except F in a limited parking district.
Airport-related remote parking facility
*Except F in:
(a)
a restricted parking district;
(b)
a limited parking district; (c) the area of North Dorchester bounded on the north by Southampton Street, on the west and east by the Roxbury and Dorchester Avenue Neighborhood Districts, respectively, and on the south by Dudley, Stoughton, and Thornley Streets.
†C if a maritime-dependent use; otherwise F.
Repair garage; gasoline service station; car wash
*Provided that all washing, painting, lubricating, and making of repairs is carried on inside a building and that any auto body shop, car wash, repair shop and paint shop is sufficiently sound- insulated to confine all noise to the lot and that all flashing, fumes, gases, smoke and vapor are effectively confined to the lot; and further provided that there is no outdoor storage of damaged, disabled or unregistered motor vehicles for a period of more than one month.
Sale and installation within a building of batteries, seat covers, tires and similar automotive parts and accessories
TRANSPORTATION USES
Use Item No. 62
Bus terminal; bus station
Motor freight terminal; yard for storing or servicing trucks or buses; rail freight terminal; storage yard accessory to rail- road operation
*Provided that the terminal or yard is at least one hundred and fifty feet from every S, R and H district; and provided further, that the roadway of every street upon which a truck entrance or exit thereof abuts is at least forty feet wide and that every loading platform facing such an entrance or exit is at least eighty feet from the centerline of the street and at least fifty feet from the nearest sideline of the street.
Water freight or passenger terminal facility, including docks, piers, wharves, storage sheds for waterborne commodities, and rail and truck facilities accessory to a waterborne freight terminal
Provided that the facility is at least one hundred and fifty feet from every S, R and H district; and provided further, that the roadway of every street upon which a truck entrance or exit thereof abuts is at least forty feet wide and that every loading platform facing such an entrance or exit is at least eighty feet from the centerline of the street and at least fifty feet from the nearest sideline of the street.
†A if a maritime-dependent industrial use; otherwise F.
INDUSTRIAL USES
Use Item No. 68
Any of the following uses:
*A if waterfront access required for receipt or dispatch of goods or for any other reason; otherwise C.
†A if a maritime-dependent industrial use; otherwise F,
‡F in B-1, B-2, B-4; C in B-8, B-10.
Any industrial use, other than a use described in Use Item No. 70, which does not result in noise or vibration perceptible without instruments more than fifty feet outside the perimeter of the lot.
Bottling works for beverages.
Cotton ginning.
Manufacture or repair of
Advertising displays (including billboards).
Apparel or other products (including hat bodies and like) from textiles or similar materials.
Beverages containing less than 0.5% of alcohol by volume at 60 degrees F.
Boats less than one hundred feet long.
Brooms or brushes.
Cameras or other photographic equipment, except flammable film.
Carpets.
Canvas or canvas products. Ceramic products, including pottery, small glazed tile and the like.
Cosmetics or toiletries.
Cotton wadding or linters.
Electric lamp bulbs.
Electric lighting fixtures, electric irons, electric fans, electric toasters, electric toys or similar electric appliances.
Electric wiring supplies, dry cell batteries and the like. Electronic components and supplies.
Food products except the curing, smoking or drying of meat or fish.
Fur goods (exclusive of curing, dyeing and tanning).
Gases in amounts not exceeding two thousand cubic feet a day.
Glass products from previously manufactured glass.
Hair, felt or feather products (exclusive of curing, dyeing and washing).
Hosiery.
Ice (dry or natural).
Ink or inked ribbon.
Leather products, including shoes, machine belting and the like.
Luggage.
Mattresses (including rebuilding and renovating).
Metal furniture, cabinets, doors, fencing and the like. Metal products made by stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils and the like.
Musical instruments, including pianos and organs.
Novelty products.
Optical equipment, clocks, or similar precision instruments.
Orthopedic or medical appliances, including artificial limbs, braces, supports, stretchers and similar appliances.
Paper products, including envelopes, stationery, bags, boxes, shipping containers, wallpaper printing and similar products.
Pharmaceutical products.
Plastic products, including tableware, phonograph records, buttons, and the like.
Rubber products (exclusive of rubber and synthetic processing), including washers, gloves, footwear, bathing caps, atomizers and the like.
Shoddy.
Silverware (plate or sterling).
Sporting goods or athletic equipment, including balls, baskets, cues, gloves, bats, racquets, rods and the like.
Statuary, mannequins, figurines, or religious or church art goods, exclusive of foundry operations.
Textiles, knit goods, yarn goods, thread or cordage, including spinning, weaving, dyeing and printing.
Tobacco products, including curing tobacco.
Tools or hardware, including hand tools, drills, cutlery, bolts, nuts, screws, doorknobs, hinges, house hardware, locks, nonferrous metal castings, plumbing appliances, and the like.
Toys.
Umbrellas.
Vehicles for children, including baby carriages, scooters, wagons, bicycles, and the like.
Venetian blinds, window shades, and awnings.
Wax products.
Wood products, including furniture, boxes, crates, barrels, baskets, pencils, and the like.
Packaging chemicals, detergents or soap.
Poultry or rabbit slaughtering or packing. Printing or newspaper publishing, including engraving, or photo- engraving. Scenery construction. Stone cutting or lettering. Storage of gases in amounts not exceeding ten thousand cubic feet. Upholstering.
Any industrial use other than a use described in Use Item No. 70
*A if waterfront access required for receipt or dispatch of goods or for any other reason; otherwise C.
†A if a maritime-dependent industrial use; otherwise F.
Any of the following uses:
*C if a maritime-dependent industrial use; otherwise F.
Any use which is objectionable or offensive because of special danger or hazard, or because of cinders, dust, smoke, refuse matter, flashing, fumes, gases, vapor or odor not effectively confined to the lot, or because of noise or vibration perceptible without instruments more than two hundred and fifty feet outside the perimeter of the lot or, if a residential district is within two hundred and fifty feet of the lot, at any point inside such residential district.
Batching or casting of concrete including handling and/or storage of cement, lime, sand, stone or other aggregates.
Curing, dyeing, washing or bulk processing feathers, felt or hair.
Curing, dyeing, finishing or tanning fur or leather.
Curing, drying or smoking offish or meat.
Disposal, handling or storage of radioactive waste.
Distillation of wood or bones.
Incineration or reduction of garbage, offal or dead animals.
Manufacture of
Asphalt or asphalt products.
Charcoal, fuel briquettes, or lampblack.
Chemicals including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black or bone black, cleaning or polishing preparations, creosote, disinfectants, exterminating agents, fungicides, hydrogen or oxygen, industrial alcohol, insecticides, potash, plastic materials or synthetic rosins, or hydrochloric, picric or sulfuric acids or derivatives.
Coal, coke, or tar products, including gas.
Fertilizers.
Gases in amounts exceeding two thousand cubic feet a day.
Gelatin, glue or size.
Gypsum.
Linoleum or oil cloth.
Matches.
Paint, turpentine or varnish.
Plastic (raw).
Rubber (natural or synthetic) including tires, tubes, or similar products.
Soaps or detergents, including fat rendering.
Reduction, refining or smelting metal or metal ores.
Refining petroleum or petroleum products.
Removal of gravel, loam, sand or stone except for re-use on the same lot or incident to the erection of a building on such lot.
Sewage disposal plant.
Solvent extracting.
Storage of gases in amounts exceeding ten thousand cubic feet.
Wool scouring or pulling.
ANCILLARY USES
Use Item No. 71
Any use on a lot adjacent to, or across the street from, but in the same district as, a lawful use to which it is ancillary and ordinarily incident and for which it would be a lawful accessory use if it were on the same lot; any such use on such a lot in another district unless such use is a use specifically forbidden in such other district
*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.
ACCESSORY USES
Use Item No. 72 ID
As an accessory use subject to the limitations and restrictions of Section 8-2.5, a garage or parking space for occupants, employees, customers, students and visitors; provided that, in the case of a lot lying in two or more districts, such parking is accessory to a use that is lawful in the district in which such parking is located
*Provided that where a garage or parking space is accessory to a dwelling use in an S, R, or H district, there is space for no more than three vehicles for each dwelling unit, none of which shall be a commercial vehicle with a maximum load capacity of more than 1 -% tons and not more than one of which shall be a commercial vehicle with a maximum load capacity of 1 -% tons or less.
†A if accessory to a maritime-dependent industrial use; otherwise F.
‡Except C in a restricted parking district if accessory to any use other than Use Items numbered 1 through 15.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, a swimming pool or tennis court not within a required front yard
*Provided that it is more than four feet from every lot line, and in the case of a swimming pool, that it is protected by a six-foot-high fence with a gate which is locked from the outside, and that if the pool is within ten feet of a lot line, the fence is concealing to a height of at least six feet.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, an office, within a main building, of an accountant, architect, attorney, dentist, physician or other professional person who resides in such building
*Provided that nonresident assistants do not exceed: one in a S district, two in a R district, and three in an H district.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, an occupation for profit customarily carried on in a dwelling unit by a person residing therein
*Provided that such occupation is carried on in a main building and requires only equipment ordinarily incident to a dwelling unit, that no non-resident help is employed and that there is no trading in merchandise.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, the keeping of horses, cows, goats or similar animals other than pigs
*Provided that every stable and enclosure is at least one hundred feet from every residential building on another lot; and provided further that every stable and enclosure sheltering more than four such animals is at least one hundred feet from every lot on which there is a church, school playground, library, or public or eleemosynary institution unless that distance is intersected by a street at least sixty feet wide; and provided also in a S, R or H district, that no more than twenty-five animals at a time are kept on the lot and that every stable and enclosure is more than one hundred feet from the nearest street.
A condition of this use shall be that if on another lot a residential building is erected within one hundred feet of a stable or enclosure, the use of such stable or enclosure shall cease, and such stable or enclosure shall be removed.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, the keeping of poultry, pigeons, or rabbits
*Provided that every enclosure therefor is at least fifty feet from every residential building on another lot; and provided further in a S, R or H district, that not more than twenty-five birds and rabbits in the aggregate, and that every enclosure is more than fifty feet from the nearest street. A condition of this use shall be that if on another lot a residential building is erected within fifty feet of an enclosure, the use of such enclosure shall cease, and such enclosure shall be removed.
(Text Amd. No. 473, § 2, 5-14-2024)
As an accessory use subject to the limitations and restrictions of Section 8-2.5, the keeping of laboratory animals incidental to an educational or institutional use, provided that all resulting noise, dust, fumes, gases, odors and refuse matter are effectively confined to the lot or so disposed of as not to be a nuisance or hazard to health or safety
*Except A if accessory to Use Item No. 22 and if at least one of the provisos in the footnote of Use Item No. 22 is met.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, in buildings with more than fifty dwelling units, and in hotels with more than fifty sleeping rooms, newsstand, barber shop, dining room and similar services primarily for the occupants thereof, when conducted wholly within the building and entered solely from within the building
As an accessory use subject to the limitations and restrictions of Section 8-2.5, in hospitals with more than fifty beds, and in educational institutions with more than four hundred full time students, incidental uses and services ordinarily found in connection therewith and primarily for the patients and staff or students and faculty, when conducted wholly within a building and entered solely from within the building where there is but one building on the lot or from an entrance not directly facing a street or lot line where there is more than one building on a lot
*Except A if accessory to Use Item No. 22 and if at least one of the provisos in the footnote of Use Item 22 is met.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, the storage of flammable liquids and gases incidental to a lawful use
*A if accessory to a maritime-dependent industrial use; otherwise F.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, the manufacture, assembly or packaging of products sold on the lot
*Provided that no products are processed for sale elsewhere than on the lot and that at any one time no more than five persons are employed in such manufacture, assembly and packaging.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, a repair garage incident to auto sales
*Providing that all washing, lubricating and making of repairs is carried on inside a building, and that all noise, flashing, dust, fumes, gases, smoke and vapor are effectively confined to the lot.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, sale within a building of automotive parts, including, but not limited to, batteries, seat covers tires, alternators, generators, carburetors, headlamps, fanbelts, motor oil, and similar automotive parts and accessories and supplies
*C if a maritime-dependent use; otherwise F.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, permanent dwellings for personnel required to reside on a lot for the safe and proper operation of a lawful main use of such lot
As an accessory use subject to the limitations and restrictions of Section 8-2.5, any non-residential use lawful in an 1 district
*Provided that such use is so carried on as not to be either a hazard to the health or safety of persons on any adjacent lot or a nuisance.
†Subject, in the case of an accessory office, to Article 34, for a period of three years from its effective date.
(The effective date of Article 34 was April 29, 1988.)
As an accessory use subject to the limitations and restrictions of Section 8-2.5, any use ancillary to, and ordinarily incident to, a lawful main use
*Provided that such use is not a use specifically forbidden in such district; and provided further that any such use shall be subject to the same restrictions, conditions, limitations, provisos and safeguards as the use to which it is accessory.
†Except, in the case of an accessory office, subject to Article 34, for a period of three years from its effective date.
[The effective date of Article 34 was April 29, 1988.]
As an accessory use subject to the limitations and restrictions of Section 8-2.5, the maintenance and operation of not more than four amusement game machines:
a.
in a private club, dormitory, fraternity or sorority house, or similar noncommercial use
*Except C in H-2-65, H-3-65, L-2-65, B-3-65, B-6-90a, and B-8-120a.
b.
in a bar, tavern, or other commercial establishment where alcoholic beverages are sold and consumed
*Except C in L-2-65, B-3-65, B-6-90a, and B-8-120a.
c.
in a store, self-service laundry, restaurant, or other commercial establishment (other than a commercial establishment where alcoholic beverages are sold and consumed)
*Except C in B-3-65, B-6-90a, B-8-120a, B-8-120b, and M-8.
As an accessory use subject to the limitations and restrictions of Section 8-2.5, facilities for the temporary berthing on shore of personnel of vessels under repair
*Not applicable.
†A if accessory to a maritime-dependent industrial use; otherwise F.
As an accessory use not subject to Section 8-2.5, family day care home
(Text Amd. No. 470, § 2, 4-23-2024)
Section 8-4. - Use Regulations of Urban Renewal Subdistricts.
The use regulations of Table B shall apply to each of the Urban Renewal Subdistricts, with the following additions:
(a)
As an accessory use to housing developments, and subject to limitations and restrictions of Section 8-2.5.b, business uses such as a food store, drug store, physician or dentist office, barber shop or restaurant shall be permitted within the H-1U through H-5U districts, when such uses are intended primarily for the convenience of residents of such housing.
(Text Amd. No. 470, § 2, 4-23-2024)