This Section establishes the Newmarket 21st Century Industrial District within a greater geographical area conventionally known as the Newmarket Industrial Area. The District is established to reflect more contemporary uses of the present-day economy, ease permitting, retain and protect core industrial uses, and support the growth of arts, creative, and maker work spaces. Historically, the Newmarket 21st Century Industrial District has been Boston's established epicenter for food processing, distribution, other light manufacturing industries, and nonindustrial compatible uses which support these industries. Recently, it has also become the home to core public/private services; and professional, scientific and technical business. Moving forward, the District seeks to maintain and expand these uses, create a diverse and expanding workforce, and foster creative artist uses.

(Text Amd. No. 468, § 1, 2-7-2024.)

The provisions of this Article are applicable only in the Newmarket 21st Century Industrial District. The boundaries of the Newmarket 21st Century Industrial District are as shown on the map entitled "Map 6E Newmarket 21st Century Industrial District" of the series of maps entitled "Zoning Districts City of Boston," as amended.

(Text Amd. No. 468, § 1, 2-7-2024.)

This Article together with the rest of this Code constitute the zoning regulation for the Newmarket 21st Century Industrial District and 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 Article 6A. Where conflicts exist between the provisions of this Article and the remainder of the Code, the provisions of this Article shall govern. Except where specifically indicated in this Article, the provisions of this Article supersede Section 8-3 (Use Regulations) and Articles 13 through 24 of this Code for the Newmarket 21st Century Industrial District. The following Proposed Projects, however, are exempt from the provisions of this Article and are governed by the rest of this Code:

1.

Any Proposed Project for which 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 for which no Zoning Relief is required, provided that construction work under such building permit, or occupancy under such permit, is commenced within six (6) months of the date of such permit and proceeds in good faith continuously so far as is reasonably practical under the circumstances; and provided further that all construction work is completed within two (2) years from the effective date of this Article and in accordance with the building permit as in effect on said effective date.

2.

Any Proposed Project for which appeal to the Board of Appeal for any Zoning Relief has been made prior to the first notice of hearing before the Zoning Commission for adoption of this Article, provided that such Zoning Relief has been or thereafter is granted by the Board of Appeal pursuant to such appeal.

3.

Any Proposed Project or site subject to a Planned Development Area Development Plan approved by the Boston Redevelopment Authority prior to the first notice of hearing before the Zoning Commission for adoption of this Article.

(Text Amd. No. 468, § 1, 2-7-2024; Text Amd. No. 471, § 14g., 4-3-2024.)

Within the Newmarket 21st Century Industrial District, no Planned Development Area shall be permitted.

(Text Amd. No. 468, § 1, 2-7-2024.)

Within the Newmarket 21st Century Industrial District, the uses identified in Table A of this Article and described in greater detail in Article 2 are allowed, conditional, or forbidden as set forth in said Table A. No land or Structure in said subdistricts 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 as "A" (allowed), or subject to the provisions of Article 6, such use is identified as "C" (conditional). Any use identified as "F" (forbidden) in Table A for the proposed location of such use is forbidden in such location. Any use not included in Table A is forbidden in the Newmarket 21st Century Industrial District.

(Text Amd. No. 468, § 1, 2-7-2024.)

The dimensional regulations applicable within the Newmarket 21st Century Industrial District are set forth in Table D of this Article 90.

(Text Amd. No. 468, § 1, 2-7-2024.)

For general performance standards applicable to all industrial uses, see the definition of "Performance Standards" set forth in Article 2 (Definitions).

(Text Amd. No. 468, § 1, 2-7-2024.)

1.

Off-street parking facilities and lots, off-street loading areas, and accessory storage areas located along a Front Lot Line adjacent to a Street shall be screened from view. Such screening shall consist of trees and shrubs densely planted in a strip at least three (3) feet wide on the inside edge of a steel-picket or stockade or board type wooden fence, provided that such fencing is not more than fifty percent (50%) opaque and is no less than four (4) feet high and no more than six (6) feet high. All parking lot lighting shall be designed to shine entirely on the lot. All parking lots shall be accessible to the handicapped.

2.

Disposal areas, dumpsters, and ground-mounted mechanical equipment located along a Front Lot Line adjacent to a Street shall be screened from view as provided below. Disposal areas and dumpsters shall be screened with an opaque wall or fence at least six (6) feet high. Ground-mounted mechanical equipment shall be screened with an opaque wall or fence sufficiently high to provide effective screening.

3.

Roof-mounted mechanical equipment shall be painted to blend with adjacent or nearby building materials or shall be screened only if such mechanical equipment is located on a Lot which abuts a Residential Subdistrict, Residential Use, public street, or public park or is located on a Lot fronting on Massachusetts Avenue.

4.

Outside storage of any materials, supplies, or products is not permitted within any landscaped area required in this Section. For all Storage Uses as identified in Table A, any material or equipment stored to a height greater than four (4) feet above Grade level shall be surrounded by an opaque wall or fence not less than six (6) feet high.

(Text Amd. No. 468, § 1, 2-7-2024.)

The provisions of this Section 90-9 apply to all Proposed Projects except to the extent that sign requirements have been established through Large Project Review or Small Project Review, pursuant to Article 80.

1.

Sign Regulations Applicable in the Newmarket 21st Century Industrial District. There shall not be any Sign except as provided in Article II for Signs outside residential districts and as provided in this

(Text Amd. No. 468, § 1, 2-7-2024.)

(a)

Total Sign Area. The Sign Area, as defined in Article 2, in square feet of all permanent Signs on a Sign Frontage, as defined in Article 2, except for signs on windows above the first floor, freestanding signs, directional signs, and public purpose signs listed in items (g) through (k) inclusive of Section 11-1, shall not exceed the Sign Frontage multiplied by two (2);

(b)

Signs Attached at Right Angles to Building. A Sign attached at right angles to a building shall not have an area in excess of ten (10) square feet on either face; except that an additional four (4) square feet on each face is allowed for a Sign which incorporates a public service message device, such as a time and temperature indicator; and

(c)

Free-standing Signs. A free-standing Sign shall not have an area in excess of fifteen (15) square feet for each use on the Lot, and the top of such Sign shall not be higher than ten (10) feet above Grade.

(d)

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

The bottom of any such Sign should be at least eight (8) feet above Grade. Where the Building wall includes a Sign band, Signs parallel to such wall should be located within such band whenever practicable.

(e)

Billboards. Any billboard, signboard, or other advertising subject to the provisions of Section 116, except those legally in existence as of January 8, 2014, is forbidden in the Newmarket 21st Century Industrial District.

(f)

Display of Permit Number and Posting Date. Each permanent Sign, including any Sign painted on or affixed to an awning, canopy, or marquee, shall display the Sign's building permit number clearly but unobtrusively, in letters and numbers not exceeding one (1) inch in height. Temporary signs shall display the date of posting.

(Text Amd. No. 468, § 1, 2-7-2024.)

For any Proposed Project subject to or electing to comply with Large Project Review, required off-street parking spaces and off-street loading facilities shall be determined through such review in accordance with the provisions of Article 80. For any other Proposed Projects, the minimum required off-street parking spaces are as set forth in Table B and the minimum required off-street loading spaces are as set forth in Table C of this Article 90.

1.

Outdoor Uses. For the purpose of computing required off-street parking spaces, where a main use on a Lot is an open-air use not enclosed in a Structure, the area of the part of the Lot actually devoted to such use shall constitute floor area.

2.

Pre-Code Structures. If a Structure existing on the effective date of this Article is altered or extended so as to increase its Gross Floor Area or the number of Dwelling Units, only the additional Gross Floor Area or the additional number of Dwelling Units shall be counted in computing the offstreet parking facilities required; provided, however, that no additional offstreet parking facilities shall be required in connection with the alteration or extension of such a Structure for use as a Group Residence Limited, Homeless Shelter, or Lodging House.

3.

Mixed Uses. If a Lot includes multiple uses, then the required number of offstreet parking spaces for such Lot shall be the total of the required number of off-street parking spaces for each use, and the required number of offstreet loading spaces shall be the total of the required number of off-street loading spaces for each use; provided, however, that, subject to the provisions of Sections 6-2, 6-3, and 6-4 and after public notice and hearing, the Board of Appeal may permit a reduction in the total number of required off-street parking spaces if the Board of Appeal determines that so-called "shared parking" arrangements, in which a single parking space may be counted for different uses whose peak parking use periods are not coincident, will adequately meet the parking demand associated with the Proposed Project.

4.

Location.

(a)

Except in the case of a Lot serviced by a common parking facility, the off-street parking facilities required by this Section shall be provided on the same Lot as the main use to which they are accessory; provided, however, that if the Board of Appeal shall be of the opinion that this is impractical with respect to a particular Lot, said Board, after public notice and hearing and subject to the provisions of Sections 6-2, 6-3, and 6-4, may grant permission for such facilities to be on another Lot in the same ownership in either of the following cases: (1) where the main use on the particular Lot is for Residential Uses and the other Lot is within four hundred (400) feet of the particular Lot; and (2) where the main use on the particular lot is for non-Residential Uses and the other Lot is within twelve hundred (1,200) feet of the particular Lot.

(b)

After public notice and hearing and subject to the provisions of Sections 6-2, 6-3 and 6-4, the Board of Appeal may grant permission for a common parking facility cooperatively established and operated to service two or more uses of the same or different types; provided that there is a permanent allocation of the requisite number of spaces for each use and that the total number of spaces is not less than the aggregate of the numbers required for each use, or the Board of Appeal may permit a reduction in the total number of required off-street parking spaces if the Board of Appeal determines that "shared-parking" arrangements, in which a single parking space may be counted for different uses whose peak parking use periods are not coincident, will adequately meet the parking demand associated with the Proposed Project.

(c)

Off-street parking and loading spaces shall not be located in any part of a landscaped area required by this Article or in any part of a Front Yard, except as specifically provided in this Section 50-43. If a Lot is located in a Residential Subdistrict, a total of two (2) accessory parking spaces serving residential uses on such Lot may be located in that portion of the Front Yard that lies between the side yard and the Front Lot Line, provided that the total width of such Front Yard area used for parking does not exceed ten (10) feet.

5.

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

(a)

Such facilities shall have car spaces to the number specified by this Article, 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 there from going upon any street or another Lot.

(c)

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

(d)

All car spaces shall be located entirely on the Lot. Fifty percent (50%) of the spaces may be no less than seven (7) feet in width and eighteen (18) feet in length, and the remainder shall be no less than eight and one-half (18½) feet in width and twenty (20) feet in length, in both instances exclusive of maneuvering areas and access drives.

6.

Maintenance. All off-street parking facilities provided to comply with this Article shall be maintained exclusively for the parking of motor vehicles so long as a use requiring them exists. Such facilities shall be used in such a manner as at no time to constitute a nuisance or a hazard or unreasonable impediment to traffic.

(Text Amd. No. 468, § 1, 2-7-2024.)

1.

Special Provisions for Corner Lots. If a Lot abuts on more than one Street, the requirements for Front Yards shall apply along every Street Line except as otherwise provided below. The Front Yard requirements of this Code, and not the Side Yard requirements of this Article, shall apply to that part of a side Lot line which is also a Street Line, which Street Line extends more than one hundred (100) feet from the intersection of such line with another Street.

2.

Side Wall of Building Not Parallel to Side Lot Line. If the side wall of a Building is not parallel to the side Lot line nearest to it, but the average distance between such wall and such Lot line is no less than the minimum Side Yard width otherwise required by this Article, and the distance between such wall and such Lot line is at no point less, in the case of a side Lot line which is not also a Street Line, than three-fourths (¾) of the minimum Side Yard width so otherwise required, and in the case of a side Lot line which is also a Street Line, than one-half (½) of the minimum Side Yard width so otherwise required, the requirements of this Article shall be deemed to be met.

3.

Rear Wall of Building Not Parallel to Rear Lot Line. If the rear wall of a Building is not parallel to the Rear Lot Line and the Rear Lot Line is not also a Street Line, but the average distance between such wall and such Lot Line is no less than the minimum Rear Yard depth otherwise required by this Article, and the distance between such wall and such Lot Line is at no point less than three-fourths (¾) of the minimum Rear Yard depth so otherwise required, the requirements of this Article shall be deemed to be met.

4.

Underground Encroachments in Yards. In any district, any garage or other accessory Structure erected underground within any Rear Yard or Side Yard required by this Code, including the piers, railings, and parapets thereof, shall not extend more than five (5) feet above Grade level.

5.

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

(Text Amd. No. 468, § 1, 2-7-2024.)

A Building or use existing on the effective date of this Article and not conforming to the applicable dimensional requirements specified in other provisions of this Article may nevertheless be altered or enlarged, provided that such nonconformity is not increased and that any enlargement itself conforms to such dimensional requirements.

(Text Amd. No. 468, § 1, 2-7-2024.)

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

(Text Amd. No. 468, § 1, 2-7-2024.)

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.

(Text Amd. No. 468, § 1, 2-7-2024.)

Capitalized words and phrases in this Article have the meanings set forth in Article 2.

"Miscellaneous Light Manufacturing" consists of manufacturing activities with less environmental impacts that use moderate amounts of partially-processed materials to produce small consumer goods.

(Text Amd. No. 468, § 1, 2-7-2024.)

The following tables are hereby made part of this Article:

Table A Use Regulations

Table B Off-Street Parking Regulations

Table C Off-Street Loading Regulations

Table D Dimensional Regulations

(Text Amd. No. 468, § 1, 2-7-2024.)