For the purposes of Article 42E only, the following words and phrases, when capitalized, shall have the meanings indicated. Words and phrases not herein defined but defined Article 2 shall have the meanings indicated in Article 2.

Adjusted Income is defined as it is in 24 CFR 813.102, as amended, or as set forth in regulations adopted in accordance with Subsections 42E-5.

Affordable means, in the case of an owner-occupied dwelling unit, requiring the expenditure by a Low-Income, Moderate-Income, or Upper 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, and, in the case of a renter-occupied dwelling unit, requiring the expenditure by a Low-Income or Moderate-Income Household or Upper-Moderate Income Household for rent payments of not more

Annual Income is defined as it is in 24 CFR 813.106, as amended, or as set forth in regulations adopted in accordance with Subsections 42E-5.

Building Height, notwithstanding the provisions of "Height of Building" of Section 2-1, means

(a)

for a flat roof, the vertical distance from the grade to the top of the highest point of the roof beams excluding mechanical roof structures and penthouses normally built above the roof and not used or designed to be used for human occupancy, and

(b)

for a pitched roof, the vertical distance from grade to the lower

(i)

of the mean level of the highest gable or of the slope of a hip roof or

(ii)

of the top of the structure of the highest occupied floor. A mansard roof shall be considered a flat roof. For Piers, grade shall be measured from the top of the deck of the Pier. In the Fort Point Waterfront, mechanical roof structures and penthouses normally built above the roof and not used or designed for human occupancy shall be excluded in calculating Building Heights.

[Development Plan].

Deleted on May 9, 1996 by Text Amendment No. 229.

End of a Pier means the edge of the Pier that is most nearly opposite the edge connecting the Pier with dry land and most nearly parallel to the 1880 Harbor Line or, if the 1880 Harbor Line is not applicable, the general direction of the shoreline.

Existing Pier means a Pier existing as of the date of the first notice of hearing for the adoption of this Article before the Zoning Commission.

Facility of Public Accommodation means a use so described in Appendix B.

FAR means floor area ratio, as defined in Section 2-1, subject to the provisions of Sections 15-1 and 42E-16.4 regarding calculation of the area of the Lot.

Filled Tidelands means former submerged lands and tidal flats which are no longer subject to tidal action due to the presence of fill.

Flowed Tidelands means present submerged lands and tidal flats which are subject to tidal action at the time of license application under Chapter 91.

Fort Point Waterfront means the area within the boundaries established on the map entitled "Map 4A Harborpark District: Fort Point Waterfront" of the series of maps entitled "Zoning Districts City of Boston," as amended.

Harborpark District means the Charlestown Waterfront, the Fort Point Waterfront, the North End/Downtown Waterfront, and the Dorchester Bay/Neponset River Waterfront.

Harborpark District Plan means the plan of the same name adopted or to be adopted by the Boston Redevelopment Authority.

Index means Consumer Price Index for all Urban Consumers, Boston, MA, all items - Series A (1982-84=100) published by the Bureau of Labor Statistics of the United States Department of Labor or, in the event such Consumer Price Index ceases to be published by the United States Department of Labor, a similar published index measuring consumer price levels in the Boston Metropolitan Area, as designated by the Boston Redevelopment Authority.

Lot, notwithstanding the provisions of "Lot" of Section 2-1, means a parcel of land, including land under water

(a)

whether or not platted,

(b)

in common control and combined for a single Proposed Project or in single ownership, and

(c)

except as otherwise provided in Section 42E-14, not divided by a street.

Lot Area, notwithstanding the provisions of "Lot area" of Section 2-1, means the horizontal area of the Lot exclusive

(a)

of any area in a street,

(b)

of any area in a private way devoted to public use by motor vehicles,

(c)

of any fresh water area more than ten (10) feet from the shoreline, and (d) of any salt water area below the High Tide Line. The foregoing notwithstanding, (x) the horizontal area of any Pier located in the Lot and (y) a private way open to vehicles for the purpose of accessing the Lot only and a street or private way open only to pedestrians and emergency vehicles shall be included in the Lot Area. Further, if a Proposed Project shall result in a net reduction in the horizontal area of Piers on the Lot, then Lot Area shall be computed on the basis of the horizontal area of said Piers as of the commencement of the Proposed Project.

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

Marina Amenity Uses means those uses identified as such in Subsection 42B-14.5.

Maritime Economy Reserve Subdistrict means a subdistrict subject to the provisions of this Code applicable within an MER district.

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 Subsections 42E-3 or 42E-4.

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

Pedestrian Access Network means a pedestrian network of a kind and to a degree that is appropriate for the site and consisting of, at a minimum:

(i)

walkways and related facilities along the entire length of the shoreline, and along the edges of any Piers or filled areas, which walkways shall be no less than twelve (12) feet in width; and

(ii)

appropriate connecting walkways that allow pedestrians access to shoreline and Pier walkways from public ways or other Public Access Facilities to which any Commonwealth Tidelands or Private Tidelands on the site are adjacent.

Public Access Facility means a facility for pedestrian access to and/or along the waterfront, as provided in clauses (a) and (b) of Subsection 42E-5.

Public Agency. Public Agency has the meaning given in Article 2 (Definitions). For the purposes of this article, the Commonwealth's proprietary interest in Tidelands shall not constitute "ownership" by a Public Agency.

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 of a Proposed Project shall not exceed the specified height limit for the applicable district or subdistrict by more than the lesser of

(i)

nine (9) 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.

Upper-Moderate Income Household means any household whose Annual Income does not exceed 110% of the Median Gross Income of Households in the Boston Standard Metropolitan Statistical Area.

Water-Dependent Commercial Use means a use described in Subsection 42D-3.1(b).

Water-Dependent Use means those uses described as such in Appendix B to this Article 42E.

Water-Dependent Facility of Public Accommodation means a Facility of Public Accommodation that is also a Water-Dependent Use.

Waterfront Yard Area has the meaning ascribed in Section 42E-7.

(Text Amd. No. 463, §§ 20, 21, 8-16-2023)

Water-Dependent Uses

Water-Dependent industrial uses;

Facilities for fishing, swimming, diving, and other water-based recreational activities;

Parks, esplanades, boardwalks, and other pedestrian facilities that promote public use and enjoyment of the water and are located at or near the water's edge;

Aquariums and other cultural, educational, research, or training facilities dedicated primarily to marine purposes or water-oriented exhibits;

Aquaculture facilities;

Navigation aids, marine police and fire stations, and other waterways public safety and law enforcement facilities;

Shore protection structures, such as seawalls, bulkheads, revetments, dikes, breakwaters, rip rap, water defectors, and the like;

Waterborne passenger transportation facilities, such as those serving ferries, cruise ships, commuter and excursion boats, and water shuttles and taxis;

Marinas, boat basins, Boat Rental Establishments, boating or sailing school, channels, storage areas, and other facilities and establishments for commercial or recreational boating.

Facilities of Public Accommodation

A "Facility of Public Accommodation" means a facility, including a commercial facility, at which goods or services are made available directly to the general public. Facilities of Public Accommodation include, but are not limited to:

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;

Place for sale and consumption of food and beverages (other than drive-in restaurant) providing dancing or entertainment or both, 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;

Theater;

Lobbies and public areas of a hotel or motel; Library, museum, aquarium, educational, historical, or cultural institution open to the public;

Adult education center, community center, or other interior space dedicated to the programming of community meetings, informational displays, special recreational events, or other public activities;

Store primarily serving the local retail business needs of the residents of the neighborhood, including, but not limited to, store retailing one or more of the following: food, baked goods, groceries, drugs, tobacco products, clothing, dry goods, books, flowers, paint, hardware, and minor household appliances, but not including packaged alcoholic beverages;

Department store, furniture store, general merchandise mart, or other store serving general retail business needs of a major part of the city, including accessory storage;

Barber shop, beauty shop, shoe repair shop, self-service laundry, pick-up and delivery station of laundry or dry-cleaner, or similar use;

Tailor shop or hand laundry;

Caterer's establishment, photographer's studio, upholsterer's shop, carpenter's shop, or electrician's shop;

Child care facility;

Child care center;

Accessory family child care home.

Sports or physical fitness facility open to the public; and

Interior facility for waterborne public transportation facilities, recreational marina, boat rental establishment, recreational sailing or boating school, or other recreational boating facility or establishment.

(Text Amd. No. 464, § 3c., 11-8-2023; Text Amd. No. 464, §§ 3d., 3j., 5a., 11-8-2023)