The purpose of this article is to establish the zoning regulations for the comprehensive plan for the Huntington Avenue/Prudential Center District as required by the provisions of the Downtown Interim Planning Overlay District, Article 27D of this code. The goals and objectives of this article and the Huntington Avenue/Prudential Center District Plan are: to preserve the historic and architectural character of the historic residential neighborhoods included in the district; to realize the potential of Huntington Avenue as an important city boulevard and as a transitional boundary between the large-scale Prudential Center and the historic St. Botolph Street and South End neighborhoods; to encourage the private redevelopment of the Prudential Center; to integrate more effectively the Prudential Center with adjacent districts; to promote development that emphasizes a sense of human scale through appropriate block and building sizes and shapes, modulated and detailed façades and storefronts, and articulated entryways; to increase pedestrian activity along the streets surrounding the Prudential Center by promoting streetscape improvements, requiring active ground-level uses, and permitting the creation of a mixed-use economy, including office, retail, commercial, and residential uses; and to promote the public welfare of the people of Boston.

In accordance with Section 27D-18 of this code, which required production of comprehensive planning policies, development controls, and design guidelines for Special Study Areas in the Downtown Interim Planning Overlay District, including Huntington Avenue/Prudential Center (Special Study Area No. 1), the Zoning Commission hereby recognizes the Huntington Avenue/Prudential Center District Plan as the general plan for the Huntington Avenue/Prudential Center District. The Huntington Avenue/Prudential Center District Plan shall also serve as the portion of the general plan for the City of Boston applicable to the Huntington Avenue/Prudential Center District. This article is one of the means of implementing the Huntington Avenue/Prudential Center District Plan, the preparation of which is pursuant to Section 70 of Chapter 41 of the General Laws, Section 652 of the Acts of 1960, and Section 3 of Chapter 4 of the Ordinances of 1952.

The provisions of this article are applicable only in the Huntington Avenue/Prudential Center District. The boundaries of the Huntington Avenue/Prudential Center District are as shown on the map entitled, "Map 1D Huntington Avenue/Prudential Center District (supplemental to 'Map 1 Boston Proper')," of the series of maps entitled "Zoning Districts City of Boston" as amended.

(As amended on July 31, 1997.)

This article together with the rest of this code constitutes the zoning regulation for the Huntington Avenue/Prudential Center District and applies as specified in Section 4-1 regarding the conformity of buildings and land to this code. Zoning Relief in the form of exceptions to the provisions of this article pursuant to Article 6A is not available, except to the extent expressly provided in this article or Article 6A. Application of the provisions of Article 27D to the Huntington Avenue/Prudential Center District is rescinded, and the Huntington Avenue/Prudential Center District is deleted from the Downtown Interim Planning Overlay District as of the effective date of this article, except as provided below. Where conflicts between this article and the rest of this code exist, the provisions of this article shall govern. Except where specifically indicated in this article, the provisions of this article supersede Sections 13-1, 13-2, and 13-4 and Articles 8 and 14 through 24 of this code for the Huntington Avenue/Prudential Center District. However, the exclusions from building height limitations set forth in Section 16-2 are applicable to building height limitations established in this article, unless expressly otherwise provided. Further, the provisions of this article, are not applicable to the following Proposed Projects, which are governed by the rest of this code, including Article 27D:

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.

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.

This section establishes three "protection areas" within the Huntington Avenue/Prudential Center District. The three protection areas are established in order to protect public open spaces and residential neighborhoods within the protection areas, the concentration of historic buildings within the protection areas, and the existing human scale of buildings within the protection areas. The three protection areas are shown on Map 1D of this code, and are otherwise referred to herein, as "St. Botolph Street Protection Area," "St. Germain Street Protection Area," and "Massachusetts Avenue/Belvidere Street Protection Area." Any other provision of this article or this code notwithstanding, Proposed Projects within a protection area are limited to the as-of-right building height and floor area ratio ("FAR") specified for such protection area as follows:

1.

St. Botolph Street Protection Area. Within that portion of the Huntington Avenue/Prudential Center District depicted on Map 1D of this code as the "St. Botolph Street Protection Area," an as-of-right building height of forty-five (45) feet and an as-of-right FAR of two (2) are allowed.

2.

St. Germain Street Protection Area. Within that portion of the Huntington Avenue/Prudential Center District depicted on Map 1D of this code as the "St. Germain Street Protection Area," an as-of-right building height of forty-five (45) feet and an as-of-right FAR of two (2) are allowed.

3.

Massachusetts Avenue/Belvidere Street Protection Area. Within that portion of the Huntington Avenue/Prudential Center District depicted on Map 1D of this code as the "Massachusetts Avenue/Belvidere Street Protection Area," an as-of-right building height of forty-five (45) feet and an as-of-right FAR of two (2) are allowed; provided that any Proposed Project is allowed an as-of-right building height of seventy-five (75) feet and an as-of-right FAR of four (4) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

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

Each protection area in the Huntington Avenue/Prudential Center District shall constitute a Restricted Roof Structure District for the purposes of Section 16-8. Reference to the "maximum height specified in Table B of Section 13-1" shall be deemed to mean forty-five (45) feet. The restrictions set forth in Section 16-8 shall apply only to residential structures or structures originally built for residential use within said protection areas. In considering any appeal for a conditional use pursuant to this section and Section 16-8, the Board of Appeal shall consider whether a proposed roof structure is architecturally consistent with the distinctive historical and architectural character of the protection area. The Inspectional Services Department shall transmit a copy of any appeal for a conditional use pursuant to this section and Section 16-8 to the Boston Landmarks Commission. The Boston Landmarks Commission may, within thirty days after the date of such transmittal, file with the Board of Appeal a recommendation, provided that if no such recommendation is received within said thirty days, the Board of Appeal may render its decision without such recommendation.

This section establishes the "Christian Science Institutional Area" within the Huntington Avenue/Prudential Center District. The area is shown on Map 1D of this code. In order to preserve the unique urban plan of the Christian Science Center, within the Christian Science Institutional Area an as-of-right building height of seventy-five (75) feet and an as-of-right FAR of two (2) are allowed, provided that any structure in existence as of the date of the first notice of hearing before the Zoning Commission for the adoption of this article and described in the urban renewal plan and land disposition agreement applicable to the Christian Science Institutional Area as of said date may be reconstructed in conformity with said plan and agreement in the event of fire or other casualty, notwithstanding any contrary provision of Section 13-3. Any Proposed Project that would encroach upon or diminish open spaces in existence in the Christian Science Institutional Area as of said date is subject to Small Project Review, pursuant to paragraph (a)(i) (Design Review Required by Applicable Zoning) of Section 80E-2.1 (Applicability of Small Project Review: Design Component), notwithstanding any contrary provision of that section, unless such Proposed Project is subject to Large Project Review. In reviewing such a Proposed Project pursuant to the Design Component of Small Project Review or the Urban Design Component of Large Project Review, the Boston Redevelopment Authority shall consider the impact of the Proposed Project on the unique urban design of buildings and open spaces of the Christian Science Institutional Area and other urban design considerations described in Section 80B-3.3, concerning the Urban Design Component of Large Project Review.

Pursuant to the provisions of Article 6A and this section, the Board of Appeal may grant an exception to the maximum permitted building height otherwise applicable to a Proposed Project within the Christian Science Institutional Area in the following manner. The Board of Appeal may grant such an exception for increased building height only if it finds that:

(a)

the Proposed Project and its massing are architecturally compatible with the surrounding area and with the unique urban plan of the Christian Science Center as described in the urban renewal plan and report and decision identified below, in accordance with the Design Component of Small Project Review or the Urban Design Component of Large Project Review as certified by the Director of the Boston Redevelopment Authority;

(b)

such an exception is in harmony with the general purpose and intent of this code;

(c)

the Proposed Project is consistent with the Huntington Avenue/Prudential Center District Plan and the general plan for the city as a whole; and

(d)

if such exception relates to a Development Impact Project as defined in Section 80B-7 (Development Impact Project Exactions), the Applicant shall have complied with the requirements set forth in said Section 80B-7, as applicable. The increased height available by exception is limited to 40 (forty) feet for a total building height of up to one hundred fifteen (115) feet. The procedure for granting such an exception shall be in accordance with the provisions of Section 6A-2, governing the granting of exceptions; provided that a four-fifths majority of the Boston Redevelopment Authority shall have recommended approval of the exception for increased height prior to the Board of Appeal's consideration of the application.

Reference is made to the fact that the entire Christian Science Institutional Area is included within the Symphony Sub-Area of the Fenway Urban Renewal Plan, Mass. R-115, as approved by City Council on December 20, 1965, as amended, which plan shall remain in full force and effect until December 20, 2005. Further, portions of the Christian Science Institutional Area are governed by the provisions of Chapter 121A of the General Laws and Chapter 652 of the Acts of 1960, pursuant to a Report and Decision by the Boston Redevelopment Authority filed on August 16, 1966, as amended, the controls of which will remain in full force and effect until August 16, 2006. Notwithstanding any contrary provision of this article, until such expiration dates, no change in the existing structures or open spaces requiring a building permit may proceed without a determination by the Boston Redevelopment Authority that such change is consistent with the said urban renewal plan and said Chapter 121A Report and Decision or a modification of that plan or report and decision, as applicable, by the Boston Redevelopment Authority after a public hearing and community review process.

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

This section establishes the "Huntington Avenue Boulevard Area" within the Huntington Avenue/Prudential Center District. The Huntington Avenue Boulevard Area is established in order to promote the improvement of Huntington Avenue as an important urban boulevard, while creating a successful transition between the scale of Huntington Avenue and the historic and architectural character of the St. Botolph Street neighborhood. The area is shown on Map 1D of this code. Within the Huntington Avenue Boulevard Area, an as-of-right building height of one hundred fifteen (115) feet and FAR of eight (8) are allowed. Special side and rear yard requirements apply within the Huntington Avenue Boulevard Area as provided in Subsections 41-18.4(d) and 41-18.4(e).

(As amended on July 31, 1997.)

This section establishes the "St. Cecilia Special Study Area" within the Huntington Avenue/Prudential Center District. The area is shown on Map 1D of this code. Within the St. Cecilia Special Study Area, an as-of-right building height of sixty-five (65) feet and FAR of four (4) are allowed; provided that any Proposed Project is allowed an as-of-right building height of one hundred (100) feet and an FAR of seven (7) if such Proposed Project is subject to or elects to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6. In accordance with the Huntington Avenue/Prudential Center District Plan, a comprehensive plan for the St. Cecilia Special Study Area shall be developed and shall address, at a minimum, the following:

(a)

appropriate means to preserve and encourage the rehabilitation and restoration of the notable historic buildings which characterize the St. Cecilia Special Study Area;

(b)

appropriate means to encourage the creation of housing, including Affordable housing;

(c)

an open space plan for appropriate portions of the St. Cecilia Special Study Area;

(d)

appropriate means to encourage a mix of retail uses serving neighborhood needs;

(e)

appropriate means to ensure a human scale in the design of new development in the St. Cecilia Special Study Area;

(f)

the appropriate mix of land uses to accomplish these objectives; and

(g)

land use regulations necessary to implement the comprehensive plan's proposals.

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

Except as otherwise may be allowed within a Planned Development Area ("PDA") established in accordance with Section 41-11 and Section 3-1A of this code and except as otherwise provided in Section 41-5, pertaining to protection areas, Section 41-7, pertaining to the Christian Science Institutional Area, Section 41-8, pertaining to the Huntington Avenue Boulevard Area, and Section 41-9, pertaining to the St. Cecilia Special Study Area, a Proposed Project within the Huntington Avenue/Prudential Center District is allowed an as-of-right building height of one hundred fifty-five (155) feet and an as-of-right FAR of ten (10).

This section establishes four areas within which Planned Development Areas ("PDAs") may be permitted within the Huntington Avenue/Prudential Center District. The purposes for establishment of the areas within which PDAs may be permitted are: to establish a more flexible zoning law and encourage large-scale private redevelopment of the obsolete Prudential Center and other sites, while insuring high-quality design by providing planning and design controls; to provide a secure economic base and encourage economic growth for office, hotels, convention and hospitality economies; and to encourage resiential and economic development which knits together the surrounding neighborhoods through a new urban design in a vibrant, mixed use manner.

1.

Consistency with Section 3-1A; Review and Approval Requirements. The five areas within which PDAs may be permitted within the Huntington Avenue/Prudential Center District are shown on Map 1D of this Code and are otherwise referred to herein, as "PDA-I," "PDA-II," "PDA-III," "PDA-IV," and "PDA-V." No PDA is permitted within the Huntington Avenue/Prudential Center District except within these areas. Any application for Development Plan approval for a Proposed Project within the Huntington Avenue/Prudential Center District is subject to the provisions of this section and Sections 41-12 through 41-16, in addition to the provisions of Subsection 3-1A.a. See Article 80 concerning the applicability of Planned Development Area Review.

2.

Reconstruction of Pre-existing Structures. A Proposed Project for the reconstruction of a structure in existence in a PDA as of the date of Development Plan approval and described in said Development Plan, or of a structure constructed pursuant to said Development Plan, shall be determined by the Boston Redevelopment Authority to be consistent with said Development Plan, provided that said reconstruction is substantially similar to the original structure. Said reconstruction, unless described as part of the original Proposed Project in said Development Plan, shall constitute a separate Proposed Project for all purposes hereunder.

3.

Transition Provision. Where a boundary line of the Huntington Avenue/Prudential Center District divides a lot in single ownership of record at the time the PDA is approved in accordance with this article and Subsection 3-1A.a of this code, the regulations set forth in this article as applicable to the PDA and the authorizations, requirements, terms, and conditions of said PDA approval, including the approved Development Plan, any Cooperation Agreement, Development Impact Project Agreement, and any other plan or agreement included in or providing the basis for such PDA approval, shall be deemed to be applicable to an area extending to so much of the remainder of said lot as is within 120 feet of said district boundary line, except that the height provisions applicable within the PDA shall extend only to so much of the remainder of said lot as is within thirty (30) feet of said district boundary line.

(As amended on May 9, 1996, July 31, 1997 and July 27, 2002; Text Amd. No. 371, §§ 1, 2, 8-10-11; Text Amd. No. 427, § 1, 11-9-17.)

The land use and dimensional regulations for PDAs are established by this section.

1.

Use Regulations. Proposed Projects within PDAs are subject to the use regulations set forth in Section 41-17.

2.

Dimensional Regulations. Proposed Projects within PDA-I shall be in Substantial Accord with the following FAR and building height standards: there shall be permitted a maximum FAR of six (6) and a maximum building height of one hundred fifty-five (155) feet, except that one (1) building only within the PDA shall be permitted a maximum building height of four hundred sixty-five (465) feet, and one (1) building within the PDA shall be permitted a maximum building height of two hundred and forty-two (242) feet, and one (1) building within the PDA shall be permitted a maximum building height of three hundred and eleven (311) feet.

The dimensional requirements for a Proposed Project within PDA-II, PDA-III, PDA-IV, and PDA-V shall be as set forth in the applicable approved Development Plan.

For the purposes of this paragraph 2 of Section 41-12, FAR shall be computed as though the land within a PDA were in single ownership, notwithstanding actual ownership patterns or changes in ownership occurring after the approval of a Development Plan for the PDA and off-street parking as permitted in a Development Plan shall not be included in said FAR computation.

(As amended on January 7, 2009; Text Amd. No. 371, § 3, 8-10-11; Text Amd. No. 427, § 2, 11-9-17.)

For approval standards for Planned Development Area Development Plans, see Section 80C-4 (Standards for Planned Development Area Review Approval).

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

The Boston Redevelopment Authority may approve a Development Plan as meeting the requirement of Section 80C-4 (Standards for Planned Development Area Review Approval) for compliance with the applicable planning and development criteria of this article if the Development Plan proposes a plan for public benefits, consistent with the Huntington Avenue/Prudential Center District Plan, including, at a minimum, each of the following:

(a)

the creation of Affordable housing in accordance with the provisions of paragraph 1, below, of this section, and

(b)

the provision of substantial street improvements in accordance with the provisions of paragraph 2, below, of this section.

1.

Development Plan Approval for Creation of Affordable Housing. The Boston Redevelopment Authority may approve a Development Plan proposing to construct or cause the construction of housing if:

(a)

at least twenty percent (20%) of the gross floor area proposed to be newly constructed (as distinct from refurbished or rehabilitated) as part of the Proposed Project is devoted to Residential Uses;

(b)

either

(i)

at least ten percent (10%) of the new dwelling units proposed in the Development Plan on-site are Affordable; or

(ii)

the Applicant causes the creation, rehabilitation, or preservation of Affordable dwelling units off-site by making a dollar contribution to the Neighborhood Housing Trust, or another entity acceptable to the Boston Redevelopment Authority, of not less than an amount calculated by multiplying the total number of dwelling units to be constructed as part of the Proposed Project by 0.2 and multiplying the result by the average per-unit assistance granted by the Neighborhood Housing Trust for the twelve months prior to the effective date of this article; and

(c)

a minimum of 0.7 off-street parking space ^[2]* is provided for each new on-site dwelling unit or, if a lesser number of spaces is permitted to be provided for such dwelling units pursuant to the terms of any applicable state or federal parking freeze or similar law, the greatest number of spaces permitted for such dwelling units under such parking freeze or similar law. On-site Affordable dwelling units shall be comparable in size, appearance, and quality to other dwelling units within the Proposed Project.

2.

Development Plan Approval for the Provision of Street Improvements. The Boston Redevelopment Authority may approve a Development Plan providing, either directly or through funding, for substantial street improvements to streets adjacent to and in the vicinity of the PDA. Such street improvements must be consistent with any applicable street improvement regulations or guidelines and must be sufficient, as determined by the Boston Redevelopment Authority, to improve the appearance, condition, quality of design and materials, and accessibility and useability of the affected streets by pedestrians, taking into account increased vehicular and pedestrian flows.

(As amended on May 9, 1996; Text Amd. No. 454, § 2, 12-22-21.)

See Section 80C-5.3 (BRA Procedures for PDA Review: Public Notice and Comment) concerning procedures for public notice and comment in the review of a Development Plan.

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

In addition to the Large Project Review requirements set forth in Article 80 of this code, Proposed Projects submitted as part of an application for Development Plan approval under Planned Development Area Review shall comply with the District general design and environmental impact standards described herein. Compliance with these additional standards shall be determined through Large Project Review. The purpose of these additional standards is to maintain and improve the quality of life in the Huntington Avenue/Prudential Center District.

1.

Shadow Criteria. Each Proposed Project shall be arranged and designed in a way to assure that it does not cast shadows for more than two hours from 8:00 a.m. through 2:30 p.m., on any day from March 21 through September 21, in any calendar year, on any portion of dedicated public parkland that either

(a)

is not cast in shadow during such period on such days by structures existing as of the effective date of this article or

(b)

would not be cast in shadow during such period on such days by structures built to the as-of-right limits allowed by this article, whichever structures cast the greater shadow. In addition, shadow studies shall be conducted in connection with any Proposed Project demonstrating that shadows will be minimized to the extent practicable in public open spaces created as part of the Proposed Project.

2.

Wind. Buildings shall be designed to avoid excessive and uncomfortable downdrafts on pedestrians. Each Proposed Project shall be shaped, or other wind-baffling measures shall be adopted, so that the Proposed Project will not cause ground-level ambient wind speeds to exceed the standards in Table A of this section.

In the Huntington Avenue/Prudential Center District, the use of land and structures is hereby regulated as provided in this section. The provisions of Article 8 apply only as specified in this section, except that Section 6-6 (Extension of Conditional Use) applies. No land or structure shall be erected, used, or arranged or designed to be used, in whole or in part, except in conformity with the provisions of this Section 41-17 or in conformity with the provisions of an approved Development Plan with respect to land or structures located in a PDA.

1.

Special Use Areas. Any other provision of this article or this code notwithstanding, within the St. Botolph Street Protection Area and St. Germain Street Protection Area, Proposed Projects shall be limited to those uses indicated as follows:

(a)

St. Botolph Street Protection Area

Allowed uses: residential uses identified in paragraph 4(a) of this section; uses accessory thereto identified in paragraph 4(q) of this section.

Conditional uses: residential uses identified in paragraph 5(a) of this section; uses accessory thereto identified in paragraph 5(k) of this section.

(b)

St. Germain Street Protection Area

Allowed uses: residential uses identified in paragraph 4(a) of this section; uses accessory thereto identified in paragraph 4(q) of this section.

Conditional uses: residential uses identified in paragraph 5(a) of this section; uses accessory thereto identified in paragraph 5(k) of this section.

2.

Inclusion of Child Care Facilities. The provisions of this paragraph 2 shall apply only to Proposed Projects exceeding a building height of one hundred fifteen (115) feet or an FAR of six (6) or both. Any Proposed Project having a gross floor area, not including the floor area devoted to Residential Uses, which equals or exceeds one hundred thousand (100,000) square feet shall devote to child care facilities an amount of floor area equal to at least the amount listed below in Table B of this Section. For the purposes of this Subsection 41-17.2 and Table B only, floor area devoted exclusively to hotel or motel uses shall be multiplied by 0.5 before being used in any calculation of required child care facilities. An Applicant for a Proposed Project subject to the provisions of this paragraph may fulfill its obligations under this paragraph by either

(a)

creating such facilities on-site; or

(b)

creating such facilities, or causing such facilities to be created elsewhere in the City. The provision of child care facilities in accordance with this paragraph shall be in conformity with written regulations to be adopted by the Boston Redevelopment Authority after public notice and hearing. For the purposes of this paragraph, the term "child care facilities" includes the finish, furnishings, and equipment required for use of the floor area for such facilities, to enroll people for care, instruction, or recreation during regular business hours.

Except as otherwise expressly provided in this article or code, all Proposed Projects within the Huntington Avenue/Prudential Center District shall comply with the specific design requirements established in this section. The provisions of Article 6A shall be applicable to the provisions of this Section 41-18.

1.

Street Wall Continuity. A Street Wall of any Proposed Project shall be built to be coextensive with the building line, as defined in "Building line" of Section 2-1, of the block on which the Street Wall faces. If there is no determinable building line of said block, then said Street Wall shall be built at a depth from the curb line equal to that of the building line farthest from the curb line of the two blocks adjacent to said block, facing onto the same street. If there is no determinable building line of either of said adjacent blocks, then

(i)

if the Proposed Project is subject to or elects to comply with Large Project Review, an appropriate Street Wall location shall be determined through such review or

(ii)

otherwise, the Proposed Project shall be deemed subject to the Design Component of Small Project Review for the limited purpose of determining an appropriate Street Wall location. The foregoing notwithstanding, within a PDA a Street Wall of any Proposed Project shall be built at the depth from the curb line stipulated in the applicable Development Plan. A Proposed Project shall comply with the requirements of this Subsection 41-18.1 with respect to eachfaçade facing a public street, but excluding alleys and private ways.

Except as otherwise provided in this Subsection 41-18.1, Street Walls shall be continuous across a lot. However, design articulation involving deviations from the Street Wall Plane of two (2) feet or less shall be permitted across the Street Wall. Further, larger recesses and bays in Street Walls shall be permitted as follows. For Proposed Projects neither subject to nor electing to comply with Large Project Review, recesses in Street Walls shall be permitted as set forth in Table C of this article, and bay windows shall be permitted to extend from the Street Wall Plane above the ground floor ceiling height provided that such bay windows do not affect more than forty percent (40%) of the Street Wall Plane. For Proposed Projects that are subject to or elect to comply with Large Project Review, recesses and bays shall be permitted if appropriate to the creation of visually interesting designs or the accommodation of a specific ground level function, such as a hotel or residential carriageway, provided that thefaçade remains compatible with its historical and architectural surroundings and visual continuity in the block front is preserved, as certified by the Boston Redevelopment Authority in accordance with the Urban Design Component of Large Project Review.

The provisions of Article 23, Off-Street Parking, shall govern any Proposed Project in the Huntington Avenue/Prudential Center District, except a Proposed Project in a PDA, for which off-street parking shall be provided as required in the applicable Development Plan. The off-street parking requirements stated as applicable to a specific floor area ratio set forth in Table B of Section 13-1 shall also apply to the same floor area ratio set forth in this article. Where a use specified in this article is not included in any use item number listed in Article 23, off-street parking facilities shall be provided in accordance with the requirements for the use item number listed in Article 23 which is most similar to such use. The foregoing notwithstanding, in no event shall any Proposed Project be required to provide parking in excess of that permitted under any applicable state or federal parking freeze or similar law. No portion of any lot or structure within the St. Botolph Street Protection Area or St. Germain Street Protection Area shall be used, or arranged or designed to be used, for parking accessed directly from a public street (excluding alleys) over a curb cut not existing as of the date of the first notice of hearing before the commission for the adoption of this article.

Article 24 provides the regulations governing the provision and design of off-street loading facilities for the use of any structure or land not subject to Large Project Review. Where a use specified in this article is not included in any use item number listed in Article 24, off-street loading facilities shall be provided in accordance with the requirements for the use item number listed in Article 24 which is most similar to such use. The provision and design of off-street loading facilities for the use of any structure or land that is subject to Large Project Review shall be determined through such review, and mitigative measures, as appropriate, shall be required through such review to minimize the environmental effects of any off-street loading facilities on adjacent properties. Notwithstanding any contrary provision of Article 24, off-street loading facilities shall not be permitted in the St. Botolph Street Protection Area or in the St. Germain Street Protection Area.

(As amended on May 9, 1996.)

The Boston Redevelopment Authority may promulgate and amend from time to time regulations to administer this article.

The provisions and requirements of this article are severable, and if any such provision or requirement 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.