1.

The following uses are Ground Level Uses, and are allowed uses within the Huntington Avenue/Prudential Center District, provided that the uses described in Use Items No. 34A and No. 38A are forbidden. This list is intended to be illustrative of ground level uses and not exclusive.

Antique stores

Appliances, repair shops

Appliances, sales

Art galleries, commercial and non-profit

Art metal craft shops

Art needle work shops

Artists' supply and music stores

Athletic goods stores

Auditoriums

Bakeries or pastry shops

Bank branch offices

Bank machines, provided that the ground level street frontage of a bank facility containing only bank machines is limited to twenty (20) feet

Barber shops

Beauty parlors

Bicycle stores, rental or repair

Book stores or card stores

Cafes

Candy stores

Carpet, rugs, linoleum, or other floor covering stores

Child care centers

Accessory family child care home

Churches

Cigar stores

Clock or watch stores, or repair shops

Clothing retail establishments

Clothing stores (men's, women's, children's apparel)

Clubs, noncommercial

Coffee shops

Coin stores

Community centers

Costume rental establishments

Dance halls, public

Delicatessen stores

Department stores

Diners

Dressmaking shops, custom

Drug stores

Dry cleaning establishments or laundromats

Dry goods or fabric stores

Eating or drinking places, in accordance with the provisions of Use Item No. 38A

Entrance/exit to off-street parking or loading area provided that it occupies not more than thirty (30) feet of ground level street frontage or such other dimension as may be provided in an approved Development Plan

Entrance/exit to public transit facilities

Fabric or yarn store

Fire Stations

Fishing tackle or equipment stores, or rental establishments

Florist shops

Food stores, including supermarkets, produce and grocery stores, markets, health foods, delicatessens, prepared food/special food, spices and herbs, coffees, teas, meat, fish, poultry, and cheese stores

Furniture stores

Furrier shops, custom

Gift shops

Hair products for headwear

Hardware stores

Health club or gym (only a Lobby Entrance Area not occupying more than forty (40) feet of ground level street frontage or such other dimension as is provided in an approved Development Plan is allowed at-grade on streets bounding blocks)

Historical exhibits

Hobby shops

Hotel or motel (only a Lobby Entrance Area not occupying more than forty (40) feet of ground level street frontage or such other dimension as is provided in an approved Development Plan is allowed at-grade on streets bounding blocks)

Housewares

Household appliance repair shops

Ice cream stores

Interior decorating establishments

Jewelry shops

Kitchenware

Lamp shops

Leather goods or luggage stores

Libraries

Locksmith shops

Luggage stores

Millinery shops

Motion pictures or video production studio

Museums

Music stores

Musical instruments, repair

Newsstands, enclosed

Office or business machine stores, sales or rental

Offices (only a Lobby Entrance Area not occupying more than forty (40) feet of ground level street frontage or such other dimension as is provided in an approved Development Plan is allowed at grade on streets bounding blocks)

Optician or optometrist establishments

Orthopedic stores

Paint stores

Parish houses

Parks, public or private

Party shops

Perfume shops

Pet shops

Phonographic repair shops

Photographic developing or printing establishments

Photographic equipment stores

Photographic studios

Photographic supply stores

Photostating establishments

Picture framing stores

Police stations

Post offices

Printing establishments

Radio appliance shop, repair or sales

Record stores

Recreational centers (noncommercial)

Residences (only a Lobby Entrance Area not occupying more than forty (40) feet of ground level street frontage or such other dimension as is provided in an approved Development Plan is allowed at-grade on streets bounding blocks)

Schools

Sewing machine stores, selling household machines

Shoe repair and shoeshine shops

Shoe stores

Sign painting shops

Skating rinks, outdoor ice

Sporting goods stores

Sports shop

Stamp stores

Stationery stores

Studios: music, dancing, visual arts, or theatrical

Tailor shops, custom

Telegraph offices

Television repair shops

Theater

Ticket sales

Tobacco stores

Tour operator

Toy stores

Typewriter stores

Typewriter or other small business machine repair stores

Variety or convenience stores

Video or motion picture store, sale or rentals

Wallpaper stores

(Text Amd. No. 464, §§ 3a., 3f., 11-8-2023)

For the purposes of this article only, the following words and phrases, when capitalized, shall have the meanings indicated.

Adjusted Income is defined as it is in 24 CFR Section 813.102, as amended, or as set forth in regulations adopted in accordance with Section 41-14.

Affordable means, either an owner-occupied dwelling unit, requiring the expenditure by a Low-Income or Moderate-Income Household for mortgage and insurance payments, real estate taxes, and condominium fees of not more than thirty percent (30%) of its Adjusted Income to occupy the unit, or a renter-occupied dwelling unit, requiring the expenditure by a Low-Income or Moderate-Income Household for rent payments of not more than thirty percent (30%) of its Adjusted Income.

Annual Income is defined as it is in 24 CFR Section 813.106, as amended, or as set forth in regulations adopted in accordance with Section 41-14.

Curb Line means the line of the curb or other structure or indication separating the street from the sidewalk.

[Development Plan]. Deleted on May 9, 1996 by Text Amendment No. 228.

Display Window Area means that portion of the Street Wall between

(i)

a height of two (2) feet above the ground floor and

(ii)

the height of the underside of the floor structure of the second floor, or fourteen (14) feet, whichever is less.

Ground Level Uses means the uses listed in Appendix B to this article.

Lobby Entrance Area means the frontage at street level of the lobby of an office, residential, hotel/motel, or other structure.

Low-Income Household means any household whose Annual Income does not exceed 50% of the Median Gross Income of households in the Boston Standard Metropolitan Statistical Area.

Median Gross Income is defined as it is by the United States Department of Housing and Urban Development, pursuant to 24 CFR Section 813.102, as amended, or as set forth in regulations adopted in accordance with Section 41-14.

Moderate-Income Household means any household whose Annual Income does not exceed 80% of the Median Gross Income of households in the Boston Standard Metropolitan Statistical Area.

Huntington Avenue/Prudential Center District Plan means the zoning regulations applicable to the Huntington Avenue/Prudential Center District and the plan for the District as evidenced by applicable development precedents and planning studies and any applicable comprehensive plan for the District, adopted by the Boston Redevelopment Authority pursuant to Chapter 652 of the Acts of 1960, Section 3 of Chapter 4 of the Ordinances of 1952, and Section 27D-18 of the code.

Huntington Avenue/Prudential Center District means the area depicted on Map 1D of this code.

(As amended on July 31, 1997.)

Street Wall means the portion of the exterior wall (including recesses, bays, windows, doors, and other features) of a Proposed Project that fronts on a public street (excluding public alleys) and is below the Street Wall Height, determined pursuant to Section 41-18.

Street Wall Plane means the planar surface of the Street Wall (disregarding recesses, bays, windows, doors, etc.) required pursuant to Section 41-18.

Substantial Accord means, with respect to building height, that the vertical distance from grade to the top of the structure of the last occupied floor shall not exceed the specified height limit for the applicable district or subdistrict by more than the lesser of

(i)

ten (10) feet or

(ii)

two-thirds of the average floor-to-floor height of the building, excluding the ground floor. Substantial Accord shall not be interpreted as allowing a Proposed Project to exceed the maximum permitted FAR.

Underlying Zoning means all zoning regulations, with the exception of this article, which are contained in this code.

(Text Amd. No. 463, § 17, 8-16-2023)