(a)

Definitions. As used in this code, the following words and phrases shall have the meanings given in the following clauses, unless a contrary intention clearly appears:

Abutting. To be next to or share a common boundary with a building or an area of land such as a lot, street, or zoning district.

Accessible or Accessible to Physically Disabled Persons. Accessible or Accessible to Physically Disabled Persons shall be as defined in Chapter 521 of the Code of Massachusetts Regulations, as amended.

Accessory Building. A structure devoted exclusively to a use accessory to a main use of the lot.

Accessory Use. A use customarily incident to, and on the same Lot as, a main or principal use,

(See this Article for definitions of certain Accessory Uses. See Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking) for regulations applicable to Accessory Uses.)

Adjusted Income. Defined as it is in 24 CFR Section 813.102 (1986), as amended, or as set forth in regulations adopted in accordance with a neighborhood district article.

AFFH Assessment Component. This includes completion of 1) the most recent version of the Assessment Tool, with a copy provided to the Boston Redevelopment Authority (d/b/a Boston Planning and Development Agency or BPDA) and the BIFDC, which shall provide to the Proponent a Displacement Risk Analysis and Historical Exclusion Analysis 2) an Affirmative Fair Housing Marketing Requirement 3) and a description of which measures from the most recent version of the AFFH Intervention Options, as adopted by the Boston Redevelopment Authority, the Proponent intends to utilize to address displacement and affirmatively create housing accessible to people within protected classes. These measures should be commensurate with the size and scope of the project, as well as the magnitude of historical exclusion and potential displacement, and shall be reviewed by the BIFDC, which shall advise the Boston Redevelopment Authority on the Proposed Project's compliance with the provisions of this article.

Affirmatively Furthering Fair Housing. Taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, Affirmatively Furthering Fair Housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, and transforming racially and ethnically concentrated areas of poverty into areas of opportunity.

Affirmatively Integrated Communities. Where a diverse set of people, including those that belong to Protected Classes, can afford to live and where they have reasonable access to amenities (e.g. healthcare, transit, groceries, banking, greenspace), educational opportunities, and economic opportunities. Reasonable access means that such amenities and opportunities are affordable, in close proximity to one's housing, and culturally appropriate.

Affordable Housing. 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-two percent (32%) (or such other percentage set by the Massachusetts Housing Finance Agency for the purpose of defining affordability) 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-two percent (32%) of its adjusted income (or the percentage set by the Massachusetts Housing Finance Agency).

Analysis of Impediments. A review of potential actions, omissions, conditions, or decisions that have the effect of restricting housing choices or the availability of housing choices on the basis of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance and/or source of income including but not limited to any other protected classes listed under Chapter 151B of the Massachusetts General Laws; policies, practices, or procedures that appear neutral on the face, but which operate to deny or adversely affect the availability of housing to protected classes; and accompanying corrective actions designed to overcome such impediments.

Ancillary Use. Auxiliary, assisting. 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; and any such use on such a lot in another district or subdistrict unless such use is a use specifically forbidden in such other district or subdistrict.

Annual Income. Defined as it is in 24 CFR Section 813.106 (1986), as amended, or as set forth in regulations adopted in accordance with a neighborhood district article.

Applicable Institutional Master Plan or Applicable IMP. With respect to a Proposed Institutional Project, means an Institutional Master Plan of the proponent of such Proposed Institutional Project approved by the Boston Redevelopment Authority and the Zoning Commission in accordance with applicable provisions of the code, and covering the project location.

Applicant. Any person or entity having a legal or equitable interest in a Proposed Project or the authorized agent of any such person or entity.

Area Median Income (AMI). The midpoint of a specific area's income distribution. The AMI applicable to Boston is calculated on an annual basis by the Boston Redevelopment Authority using data from the U.S. Department of Housing and Urban Development (HUD). AMI, or a percentage thereof, is used to determine the maximum income that a given household size may receive before becoming ineligible for an Inclusionary Development Unit.

Authority. The Boston Redevelopment Authority.

Basement. A building story where more than thirty-five percent (35%) of the story's height is below grade. Where this Code specifies a maximum number of stories, that number of stories shall not include a basement.

Bay Window. A fenestrated projection from the face of a building entirely contained within the following dimensions:

(a)

Depth not to exceed five feet,

(b)

Width not to exceed eighteen feet or seventy percent of the width of the building, whichever is the lesser, and

(c)

Each side to form an angle with the face of the building of not less than one hundred thirty-five degrees. (Illustrated in Appendix 2 of this Code.)

Blank Wall of Facade. On the Ground Floor of a building, the width of the facade that does not have windows or a pedestrian entrance facing the Primary Lot Frontage. For a Proposed Project that is subject to or has elected to comply with Small or Large Project Review under Article 80 (Development Review and Approval), the maximum Blank Wall of Facade may be established on any lot frontage through such review process.

Block. The lot or lots fronting on the same side of a street, between two other streets that form the side boundaries of the block.

Board of Appeal. The Board of Appeal in the Inspectional Services Department of the City.

Boston Interagency Fair Housing Development Committee ("BIFDC"). Comprised of representatives from the Boston Housing Authority (BHA), Office of Fair Housing and Equity ("OFHE"), Department of Neighborhood Development ("DND"), the Mayor's Commission for Persons with Disabilities, and the Boston Redevelopment Authority staff ("BRA") for a total of five. The BIFDC shall meet regularly to review the assessment components, proposals, and public comments, and develop a plan for ongoing monitoring of commitments and reporting requirements for the Proponent and/or successors and assignees and make recommendations to the BRA Board.

Building. A structure forming a shelter for persons, animals, or property and having a roof, exclusive, however, of such frameworks and tents as are customarily used exclusively for outdoor carnivals, lawn parties, or like activities. Where the context allows, the word "building" shall be construed as though followed by the words "or part thereof".

Building Commissioner. The Building Commissioner, or successor, including but not limited to the City's Commissioner of Inspectional Services.

Building Depth. The greatest distance between the frontmost and rearmost parts of a building, measured from the Building faces most closely aligned to the Front and Rear Lot lines. The measurement of Building Depth includes Bay Windows and permanently covered porches and balconies.

The Building Emissions Reduction and Disclosure Ordinance (BERDO). City of Boston Code Chapter VII, Sections 7-2.1 and 7-2.2, and its implementing regulations and policies, all as may be amended from time to time.

Building Floor Plate. The total floor area of a single story within a Building. A story's floor plate includes the area measured from the outside surface of the Building's exterior walls and the area of any covered porches or covered balconies extruding from said story.

Building Line. The line in conformity with the alignment of existing buildings in the same block, at a distance from the street line equal to the yard depth occurring most frequently on that block, as measured by lot widths along the street line. The distance from the street line to the building line shall be calculated in accordance with the method described in Section 18-2 or the definition of "Existing Building Alignment."

Building Lot Coverage. The cumulative percentage of Lot Area covered by the largest Building Floor Plate of each building on the lot. Excludes any one story detached building that is exempt from building code such as small tool or storage sheds, playhouses, and the like.

Building Width. The greatest distance between the right most and left most parts of a Building, measured from the Building faces most closely aligned to the right and left Lot lines. The measurement of Building Width includes Bay Windows and permanently covered porches and balconies.

Bulkhead. A vertical structure used to create an edge between the land and the water against which Vessels can be placed to unload or engage in other activities.

Carbon Dioxide Equivalent (CO₂e). Greenhouse gas Emissions, including carbon dioxide, methane and nitrous oxide. CO ₂ e shall be calculated using a methodology as set forth in the Building Emissions Reduction and Disclosure Ordinance (BERDO) and related regulations, policies, and guidance.

Chapter 91. M.G.L. Chapter 91 and implementing regulations, codified as of the effective date of this article at 310 C.M.R. 9.00, as said statute and regulations may, from time to time, he amended.

City. The City of Boston.

Commission. The Zoning Commission of the City.

Commonwealth Tidelands. The meaning ascribed in Chapter 91.

Displacement. Unwilling or coerced departure, removal or economic dislocation, in a community or in an adjacent and impacted community, occurring when neighborhood choices become limited due to increasing rent burden or a lack of housing that is affordable to area residents, area renters, low-income residents, or residents belonging to protected class or a set of protected classes, thereby restricting housing choice for the impacted population.

Displacement Risk Analysis. An analysis of the risk of directly or indirectly displacing current residents, or residents of neighboring or nearby areas, including disproportionately displacing members of protected classes, and shall be measured by data provided by the Boston Redevelopment Authority to Proponents.

Downtown. The Downtown districts, as established pursuant to Section 3-1B (Downtown District) of this Code.

For the purposes of Demolition Delay, "Downtown" means the area described in Section 85-2 (Definitions).

Erect. To construct or reconstruct or excavate, fill, drain, or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction, or to move a building or structure upon a lot.

Existing Building Alignment. The Front Yard depth that occurs most frequently along a block, as measured by lot widths along the block. The existing building alignment may also be referred to as the "modal front yard depth".

1.

Calculation of Existing Building Alignment - General Rule. The Existing Building Alignment (or "modal front yard depth") is calculated by measuring lot widths and the depths of Front Yards along a block, as follows:

(a)

Measurement of Front Yard depth: Along the same side of a Street on a block, the Front Yard depth of each developed Lot is measured. These measurements may be scaled off from a reliable plan or map. Rounding rule: If the buildings are attached, the measurement is rounded off to the nearest half-foot. If the buildings are detached, the measurement is rounded off to the nearest foot.

(b)

Calculation of Lot widths: Along the same side of the Street on a block, the widths of all Lots with the same Front Yard depth are added together.

(c)

Identification of Existing Building Alignment: For the same side of the Street on a block, the Front Yard depth occurring across the largest total Lot width shall be the Existing Building Alignment (or "modal front yard depth"). If two or more Front Yard depths occur across equal total Lot widths, the depth most similar to the Front Yard required by this Code shall be the Existing Building Alignment (or "modal front yard depth").

2.

Building Setback Required for Upper Story Dominant Building Line. On a block in which there is a uniform or dominant building line at the upper story level that differs from the Existing Building Alignment (or "modal front yard depth") because of ground floor projections, the part of a Structure above one story shall not extend beyond the faces of abutting buildings at the upper story levels.

Extend. To increase in area or volume.

Family. One person or two or more persons related by blood, marriage, adoption, or other analogous family union occupying a dwelling unit and living as a single non-profit housekeeping unit, provided that a group of five or more persons who are enrolled as fulltime, undergraduate students at a post-secondary educational institution shall not be deemed to constitute a family. A group residence, limited, as defined in "Group residence, limited" shall be deemed a family.

FAR. Floor area ratio.

Floor Area Ratio. The ratio of Gross Floor Area of a structure to the total area of the Lot. (See "Floor Area, Gross.)

Maximum FAR. Except as otherwise provided in this Code, the ratio of the gross floor area of all structures on a Lot to the total area of the Lot shall not exceed the maximum Floor Area Ratio specified in this Code. For purposes of calculating maximum FAR, Gross Floor Area excludes the floor area required to meet the off-street parking requirements of this Code.

Calculation of Lot Area. For the purposes of determining the Floor Area Ratio of a structure or use, the calculation of Lot area excludes:

(a)

Any area needed by any other structure or use to comply with any requirement of this Code, and

(b)

Any area needed for compliance with the requirements of this Code concerning minimum Lot size, Lot width, Lot frontage, minimum usable open space per dwelling unit, Front Yard, Side Yard, or Rear Yard, if the ownership of that area was transferred subsequent to the effective date of this Code.

Floor Area, Gross. The sum of areas of the several floors of the structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by their exterior limits, but excluding the areas specified in part 1 of this definition.

1.

Areas excluded from calculation of Gross Floor Area.

(a)

Garage space: garage space in the basement of a building, and grade-level garage space accessory to a dwelling; however, above-grade parking shall be included in gross floor area,

(b)

Accessory uses below grade: basement and cellar areas devoted exclusively to uses accessory to the operation of the structure,

(c)

Certain above-grade mechanical equipment: Except as otherwise specified in part 2 of this definition (concerning laundry and storage areas in certain districts), areas elsewhere in the structure devoted to housing mechanical equipment that is customarily located in the basement or cellar, such as heating and air conditioning equipment, plumbing, electrical equipment, laundry facilities and storage facilities,

(d)

Public transit improvements: Public transit improvements by or for a Public Agency within the Lot, above or below grade, including head houses and/or structures designated for use by, access to or egress from public transit services, provided that any exterior changes are subject to Small Project Review.

2.

Areas not excludable in certain districts: In an H-2-45, H-2-65, H-3-65, L-2-65 or B-3-65 district, floor area is not excludable from the calculation of Gross Floor Area as an area for storage facilities or laundry facilities if:

(i)

The floor area was previously included in Gross Floor Area in an existing structure, or

(ii)

The floor area is located in an addition to an existing structure; except that floor area in an addition shall be excludable from Gross Floor Area if it is used for storage or laundry facilities in areas not used or designed to be used for human occupancy (such as attics, basements, cellars or space under sloping eaves).

Grade.

General Rule. Except as otherwise provided in this Code, the average elevation of the nearest sidewalk at the line of the street or streets on which the building abuts.

1.

Building Not Abutting a Street. In the case of a building not abutting a street, grade shall be the average elevation of the ground between the building and: (i) the Lot line, or (ii) a line twenty (20) feet from the building, whichever is nearer; but in no event shall the average elevation of such ground be taken to be more than five (5) feet above or below the average elevation of the ground immediately contiguous to the building.

2.

North End Restricted Roof Structure District. In the North End restricted roof structure district, the provisions of Section 16-8 of this Code (Restricted Roof Structure Districts) govern when in conflict with this definition of Grade.

Green Building. A structure and its surrounding landscape designed, constructed, and maintained to decrease energy and water usage and costs, to improve the efficiency and longevity of building systems, and to decrease the burdens imposed on the environment and public health.

Greenhouse Gas Emissions. The emission of greenhouse gasses, measured in units of Carbon Dioxide Equivalent, associated with the generation and transmission of energy used by a building or structure within a Proposed Project.

Green Roof Project. The portion(s) of building or structure roof area with vegetation or plantings purposed to reduce Heat Island Effects and provide Storm Water Retention and Thermal Insulation benefits. Additional benefits may include agricultural, habitat, and/or human well-being. Except for intensive and agricultural plantings, Green Roof systems should be drought resistant and not require irrigation once established. The Green Roof Project may consist of extensive or intensive vegetation and/or plantings, or a combination of both, and constructed of either in-place or modular systems.

Ground Floor. The lowest story of which sixty-five percent (65%) or more of the height is above grade. See also Story, First.

Ground Floor Ceiling Height. The height of the underside of the floor structure of the second floor.

Ground Floor Use Depth. The depth of the Ground Floor interior space devoted to a use., The Ground Floor Active Use Depth is measured as the distance from the interior building facade towards the interior of the building.

Harborpark. Includes:

(i)

The Harborpark District, as established pursuant to Section 3-1D of this Code;

(ii)

In the Dorchester Neighborhood District, established pursuant to Article 65, any Waterfront Lot, as that term is used in Article 65;

(iii)

In the East Boston Neighborhood District, established pursuant to Article 53, any Waterfront Subdistrict and any Tidelands subject to M.G.L. Chapter 91.

Height of Building or Building Height. Building Height (or Height of Building) means the vertical distance from grade to a certain point at the top of the building, as specified in this definition.

This definition contains the following parts:

1.

Measurement of Building Height

2.

Rules for roof structures and penthouses not for occupancy

3.

Maximum Building Height

4.

Building Height exception for a structure adjacent to a non-conforming structure

1.

Measurement of Building Height: The upper point for the measurement of Building Height depends on the roof type and building location, as listed in this part 1.

(a)

In a Downtown district established under Section 3-1C (Neighborhood District), if a building is subject to Article 80B (Large Project Review), Building Height shall be measured to the top of the structure of the last occupied floor.

(b)

For all other buildings, Building Height shall be measured to one of the following points:

(i)

For a flat roof: the highest point of the roof beams. For purposes of measuring Building Height, a mansard roof is considered a flat roof.

(ii)

For a non-flat roof: the mean level of the highest gable or the mean level of the slope of the roof.

2.

Rules for roof structures and penthouses not for occupancy.

(a)

Examples of roof structures and penthouses not for occupancy. Examples of the roof structures and penthouses to which this part 2 applies include belfries, cupolas, domes, monuments, church spires, water towers, observation towers, radio and other transmission towers, windmills, chimneys, smokestacks, silos, derricks, conveyors, masts, flagpoles, aerials, elevator penthouses, water tanks, monitors, signs, and the like.

(b)

Exemption from measurement of Building Height. Roof structures and penthouses normally built above the roof and not used or designed to be used for human occupancy are not included in the measurement of Building Height, if the total area of such roof structures and penthouses does not exceed 33⅓ percent of the total of all of the building's roof areas (measured horizontally).

(c)

Maximum dimensions of exempted roof structures and penthouses. Roof structures and penthouses exempted from the measurement of Building Height may be erected only to such heights, and cover only such areas, as are necessary to accomplish the purpose they are intended to serve.

3.

Maximum Building Height. Where the applicable zoning specifies a maximum Building Height, whether in number of stories or feet, no building or part of a building shall exceed that height. When both stories and feet are specified, both requirements must be met.

4.

Building Height exception for a structure on a Lot adjacent to a non-conforming structure. The exception provided in this part 4 of the definition of Building Height does not apply in the following districts: H-2-45, H-3-65, B-3-65, B-6-90a, B-6-90b, B-8-120a, and B-8-120C. In all other districts: If a legally existing structure that is not excepted from the measurement of Building Height exceeds the maximum Building Height specified by the applicable zoning, a structure built on an adjoining Lot also may exceed the maximum Building Height specified for its location, with the following limitations:

(a)

The adjoining Lot must be located in the same zoning district or subdistrict (and not limited to a lower Building Height by an applicable overlay district), and

(b)

The structure on the adjoining Lot may not project above a line drawn between the following two points:

(1)

The highest point of the legally existing, nonconforming structure, and

(2)

A point located (i) at the maximum height set by the zoning for that location, and (ii) at a distance equal to 3 times the difference between the height of the legally nonconforming structure and the height allowed by the zoning.

Example: If the legally nonconforming structure is 70 feet tall in a 65-foot height zone (so 5 feet above the allowed height), the line is drawn between: (Point 1) the highest point of the nonconforming structure (at 70 feet), and (Point 2) a point 65 feet high, and 12 feet away from the first point.

High impact Subuse. Any subuse of an Institutional Use that is identified as a High Impact Subuse in the definition of such Institutional Use.

High/Low Tide Line. The present arithmetic mean of the water heights observed at high or low tide, as applicable, over a specific 19-year Metonic Cycle (the National Tidal Datum Epoch) and shall be determined using hydrographic survey data of the National Ocean Survey of the U.S. Department of Commerce.

Historic Building. A building listed in the Massachusetts Cultural Resource Information System (MACRIS) or the Massachusetts State Register of Historic Places, or that is categorized for or pending future landmarking by the Boston Landmarks Commission.

Historical Exclusion Analysis. An analysis of explicit discrimination based on race or membership in other Protected Classes, or correlative economic factors have perpetuated housing segregation and excluded members of Protected Classes from living in the neighborhood, and it shall be measured by data provided by the Boston Redevelopment Authority to proponents.

Impact Area. The geographic district within which an impact on the Transportation Network can reasonably be attributed to the Proposed Project under review.

Inclusionary Development Fund. The fund - held and managed by the City of Boston Treasury that serves as the recipient of monetary contributions received from Covered Projects as applicable.

Inclusionary Zoning (IZ) Unit. Any Dwelling Unit that is income-restricted in compliance with the Inclusionary Development Policy (Article 79).

Income-Restricted Unit. Any Dwelling Unit that is subject to an income restriction, which limits occupancy to households not exceeding a specific AMI, which includes, but is not limited to, Inclusionary Development Units.

Inspectional Services. The building department of the City of Boston.

Institutional Master Plan Review. The review described as Institutional Master Plan Review in Section 80D-1 of this Code.

Landmark. A building or structure designated a landmark by the Boston Landmarks Commission pursuant to Chapter 772 of the Acts of 1975, as amended.

Large Project Review. The review described as Large Project Review in Section 80B-1 of this Code.

LEED. Leadership in Energy and Environmental Design Green Building Rating System are nationally accepted standards for green buildings developed by the USGBC. LEED standards include the following: LEED NC for new construction and major renovation projects; LEED CI for commercial interior projects; LEED H for homes; LEED ND for neighborhood development, The Green Building Guide for Health Care, developed by Healthcare without Harm, in conjunction with the USGBC is the appropriate standards for hospitals.

LEED Certifiable. A structure that is planned, designed, and constructed to achieve the level "Certified" using the LEED building rating system most appropriate for the Proposed Project.

Level of Service. The functional capacity of a traffic intersection, as measured by the ratio between the volume of vehicles passing through the intersection and the capacity of the intersection, or by the average delay per vehicle passing through the intersection.

Lot. A parcel of land including land under water, whether or not platted, in single ownership, and not divided by a street.

Lot Area. The horizontal area of the lot exclusive of:

(a)

Any area in a street or private way open to public use, and

(b)

Any fresh-water area more than ten (10) feet from the shoreline, and

(c)

Any salt-water area below the mean high-tide line.

Calculation of Lot Area. In computing the area of a lot or the dimensions of the yards required for any building or use, there shall not be included any land which was used to meet the minimum area or minimum yard space required by law for any other building or use at the time of its erection or inception, and which would be required to meet the requirements of this code for such other building or use. This prohibition shall apply whether or not such land is still in the same ownership as when it was used as aforesaid.

Lot Area per Dwelling Unit. Where a minimum lot area for each additional dwelling unit is specified in this Code, the minimum lot area for the first dwelling unit on the Lot shall be the minimum lot size; and the minimum additional Lot area for each additional dwelling unit on the Lot shall be the required minimum lot area for each additional dwelling unit.

Calculation of Dwelling Units. For purposes of determining the required Lot Area per Dwelling Unit, the number of dwelling units is determined as follows:

(a)

For a residential structure not divided into dwelling units (other than a Limited Group Care Residence), each two (2) sleeping rooms for single or double occupancy, and each four (4) beds in sleeping rooms that contain beds for more than two (2) persons, shall be deemed to constitute one (1) dwelling unit.

(b)

A Limited Group Care Residence, as defined in this Article, shall be deemed to constitute one (1) dwelling unit.

(c)

For nonresidential structures, and for structures where nonresidential uses are combined with residential uses, each fifteen hundred (1,500) square feet of gross floor space devoted to nonresidential uses shall be deemed to constitute one (1) dwelling unit.

Lot Depth. The horizontal distance between the front and rear Lot lines. This distance is measured by a straight line connecting the midpoints of the following two lines:

(i)

At the front of the Lot, a straight line between the foremost points of the side lot lines, and

(ii)

At the rear of the Lot, a straight line between the rearmost points of the side lot lines.

Lot Frontage. The width of a lot, measured along the front lot line, that abuts the public right-of-way.

Lot Line, Front. The line separating the lot from the street. Where a lot abuts two or more streets, the owner may designate either of the two widest streets as the Front Lot Line.

Lot Line, Rear. The line which most nearly qualifies as the line most distant and opposite from the front lot line; where the lot is irregularly shaped, a line perpendicular to the mean direction of the side lot lines, and at least ten feet in length within the lot.

Lot Size. Where the zoning applicable to a lot specifies a minimum lot size, no main building shall be erected, nor main use established, on a Lot of lesser size.

Lot Width. The shortest horizontal distance between the side lot lines.

Measurement of Lot Width. Lot width shall be measured perpendicular to the mean direction of two straight lines: (i) one between the foremost and rearmost points of one side lot line, and (ii) the other between the foremost and rearmost points of the other side lot line. Unless specifically provided, where a minimum lot width is specified in this Code, no main building shall be erected on that part of a Lot where the lot width is less than that specified.

Lot, Corner. A lot with boundaries abutting on, and meeting at the intersection of, two streets when the lines of such boundaries form within such lot at such intersection an angle of not more than 135 degrees. In the case of a curved boundary, the tangent to such curved boundary at its point of intersection with another boundary of the lot shall be deemed to be the line of such boundary for the purposes of this definition.

Low-Income Household. 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.

Main Building. A building, not including a dwelling, that is not an accessory building.

Main Shipping Channel. The shipping channel for deep draft vessels in the Boston Inner Harbor as depicted by dashed lines on that certain chart issued by National Oceanic and Atmospheric Administration as chart number 13272 and entitled "Boston Inner Harbor," 39th Edition, dated November 24,1984.

Mansard Roof. A sloping roof having a pitch of more than sixty (60) degrees to the horizontal. The floor under a mansard roof shall be considered a story as defined in "Story".

Maritime Economy Reserve (MER) District. MER districts contain, or are adjacent to,

(a)

Navigable channels of 12 feet or more in depth at mean low tide; or

(b)

Tidelands and associated lands abutting such channels that by their topography, size, and relationship to residential neighborhoods are suited for maritime-dependent industrial use. Where an area is being used or, within the five (5) years prior to the establishment of the MER district in this code, has been used for a maritime-dependent industrial use, this requirement is deemed to have been met.

Meaningful actions. Significant decisions and other actions in the development process, including unit mix, affordability levels, allocation of financial mitigation, transportation planning, and other decisions that are designed, and can be reasonably expected, to achieve a material positive change for Boston residents and affirmatively further fair housing.

Median Gross Income. Defined as it is by the United States Department of Housing and Urban Development, pursuant to 24 CFR Section 813.102 (1986), as amended, or as set forth in regulations adopted in accordance with a neighborhood district article.

Midtown Shadow Overlay. The Midtown Shadow Oerlay, as shown in Map 1A, records the extent of the Midtown Cultural District as referenced in State Shadow Regulations. Structures built within the boundaries of the Midtown Shadow Overlay shall abide by the provisions for the Midtown Cultural District in State Shadow Regulations.

Modal Front Yard depth. See "Existing Building Alignment".

Moderate-Income Household. 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.

Motor Vehicle. A self-propelled, wheeled, non-rail conveyance with gas-, electric-, solar- or other non-muscle powered engine (such as cars, trucks, motorcycles, minibikes, pocket bikes, mopeds) with the exception of:

(a)

Personal mobility devices designed for use on sidewalks and pedestrian areas (such as Electronic Personal Assistive Mobile Device or "EPAMD's" and segways), including those designed for persons with impaired mobility (such as wheelchairs); and

(b)

Motor vehicles with primarily an agricultural or industrial purpose (such as tractors and riding lawn mowers).

(c)

Micromobility Vehicles such as electric-assist bicycles and electric scooters.

Natural High/Low Tide Line. The historic high/low tide line that would be observed except for alteration of the shoreline by filling, dredging, or impounding.

Neighborhood Council. Any neighborhood-based council established by the Mayor to render advice to neighborhood residents, the Mayor, city departments, and the Boston Redevelopment Authority regarding any municipal issues of neighborhood concern.

Neighborhood Housing Trust. A Massachusetts public charitable trust created under the authority of Chapter 371 of the Acts of 1987 and the laws of the Commonwealth of Massachusetts and administered pursuant to a Declaration of Trust dated November 19, 1985 and pursuant to an Ordinance Establishing the Neighborhood Housing Trust passed by the City Council on May 21, 1986 and approved by the Mayor of Boston on July 6, 1986, or another trust created or administered for such purpose, if passed by the City Council and approved by the Mayor.

Neighborhood Jobs Trust. A Massachusetts public charitable trust created under the authority of Chapter 371 of the Acts of 1987 and the laws of the Commonwealth of Massachusetts and administered pursuant to a Declaration of Trust dated November 19, 1985 and pursuant to an Ordinance Establishing the Neighborhood Jobs Trust passed by the City Council on August 19, 1987 and approved by the Mayor of Boston on September 8, 1987, or another trust created or administered for such purpose, if passed by the City Council and approved by the Mayor.

Neighborhoods. The Neighborhood Districts, as established pursuant to Section 3-1C (Neighborhood District) of this Code, and any other area of the City of Boston not included in the Downtown or the Harborpark, as defined in this Article.

For the purposes of Demolition Delay, "Neighborhoods" means the areas described in Section 85-2 (Definitions).

Nonconforming Use. A use of a structure or lot that does not conform to a regulation prescribed by this code for the district in which it is located; provided that such use was lawfully in existence on the effective date of this code or, in the case of a use made nonconforming by an amendment of this code, on the effective date of such amendment.

Occupied. Shall include the words "designed, arranged, or intended to be occupied".

Outdoor Amenity Space. A space open to the outdoor air directly accessed from the ground floor of a building, the upper stories of a building, or from a pedestrian accessway, that is designed for active or passive recreational use such as playing, gathering, and seating by building occupants or the public. Outdoor Amenity Space may include overhead structures that provide shade or protection from the elements, but are otherwise open to the outdoor air, such as pergolas and canopies.

When the Code requires a Proposed Project to provide Outdoor Amenity Space, the following types of spaces qualify as outdoor amenity space:

• Publicly Accessible Open Space, as defined in Article 8; or

• Publicly accessible sidewalk provided on the lot; or

• Outdoor space for tenants or customers, including restaurant seating or outdoor event and performance areas; or

• Publicly accessible through-block pedestrian connections of a width not less than ten (10) feet; or

• Private amenity space designed for use primarily by the building occupants, such as porches, interior courtyards, shared gardens, playgrounds, shared terraces, and/or programmed or landscaped yards, provided that such spaces have an unobstructed length of not less than ten (10) feet and an unobstructed depth of not less than ten (10) feet; or

• Private amenity space dedicated for use by a single dwelling unit, and that is directly accessible from that dwelling unit, such as fenced/walled patios, private terraces, and balconies, provided that such a space has an unobstructed length of not less than five (5) feet, an unobstructed depth of not less than five (5) feet, and an overall area of not less than thirty (30) square feet; or

• Roofdecks, occupiable vegetative roofs, and other programmed recreational spaces on rooftops that are accessible by building occupants or the public through common circulation.

When the Code requires a Proposed Project to provide Ground Floor Outdoor Amenity Space, only spaces accessed from the ground floor of the building or from a pedestrian accessway qualify.

Outdoor Amenity Space requirement calculation:

• When specified, the Outdoor Amenity Space requirement is calculated by dividing the total area of all outdoor amenity space by the lot area.

• Every 1 square foot of Publicly Accessible Open Space counts as 1.25 square feet toward the total required Outdoor Amenity Space.

• On a lot larger than 11,000 square feet, outdoor amenity space located on the roof may provide no more than fifty percent (50%) of the required Outdoor Amenity Space.

Parapet line. For purposes of measuring a parapet setback, the parapet line is a horizontal line that is measured:

(i)

Along the wall of the building nearest to, and substantially parallel with, the Lot line from which the setback is being measured, and

(ii)

At the mean height of that wall.

Party Wall. Any wall located on a lot line between adjacent buildings, which is used or adapted for joint service between the two buildings.

Performance Standards. Requirements to be met by all Light Manufacturing uses, General Manufacturing uses, and Restricted Industrial uses. 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.

For a Light Manufacturing use, 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.

For a General Manufacturing use, 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.

For a Restricted Industrial use, 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.

Permeable Area of Lot. The Lot Area covered by natural ground cover or any material/surface on the ground that allows water to pass through at a rate and quantity equal to or greater than natural ground cover. Surfaces included in the calculation of Permeable Area of Lot include, but are not limited to, vegetative landscapes, such as lawn and trees; vegetated green infrastructure, such as rain gardens and bioswales; porous paving materials, such as porous asphalt and permeable pavers; and other natural materials that achieve the prescribed infiltration rate of 0.17 inches/hour, as referenced in the Massachusetts Stormwater Handbook (Volume 3, Chapter 1), such as mulch and clean washed stone. The calculation of Permeable Area of Lot excludes permeable surfaces (green roofs) and rain capture systems (e.g. blue roofs) located on a roof or elsewhere on or in an above-grade structure.

Pier. Any structure that extends seaward of the High Tide Line, but excluding any floating structure.

Pierhead Line. The seaward limit of Pier construction as established in applicable law of the Commonwealth of Massachusetts.

Planned Development Area Development Plan or PDA Development Plan. The development plan required for a Planned Development Area, pursuant to Section 3-1 A.a.

Planned Development Area Master Plan or PDA Master Plan. A master plan setting forth the development concept for a PDA, as provided for in Section 3-1 A.a.

Planned Development Area Review. The review described as Planned Development Area Review in Section 80C-1 of this Code.

Planning and Zoning Advisory Committee. Any neighborhood-based committee appointed by the Mayor to render advice to neighborhood residents, the Mayor, city departments, and the Boston Redevelopment Authority regarding land use planning and zoning issues.

Primary Lot Frontage. The lot line along a Street that is the primary focus of pedestrian activity and building orientation, as generally evidenced by having the greatest volume of pedestrian traffic, the presence of pedestrian entrances, and the greatest number of building facades facing that Street. For a Proposed Project that is subject to or has elected to comply with Small or Large Project Review under Article 80 (Development Review and Approval), the Primary Lot Frontage shall be designated through that review.

Principal Structure. The structure designed, used, or occupied for the main or principal uses(s) of the lot.

Private Tidelands. Has the meaning ascribed in Chapter 91.

Proposed Institutional Project. A Proposed Project occupied or to be occupied for Institutional Uses upon issuance of a building, use, or occupancy permit.

Proposed Project. The erection, extension, alteration, rehabilitation, or substantial demolition of any structure, land, or part thereof, or the change of use of any structure or land (including Flowed Tidelands), for which the Applicant is required to obtain a building or use permit.

A Proposed Project may proceed in phases, and may include more than one building, structure, or use.

Protected classes. Individuals or groups who are entitled to protection from discrimination or other adverse action, or to affirmative accommodations, opportunities, or protections, pursuant to federal, state, and local civil rights and fair housing laws including but not limited to protected classes listed under M.G.L. c. 151B of the Massachusetts General Laws.

Public Agency. A department, agency, board, commission, authority, or other instrumentality of the Commonwealth of Massachusetts, or of one or more political subdivisions of the Commonwealth, or of the United States.

Recycle. To recover materials or byproducts:

(a)

Which are to be reused, or

(b)

Which are to be employed as an ingredient or a feedstock in an industrial or manufacturing process to make a product, or

(c)

Which are to be employed in a particular function or application as an effective substitute for a commercial product or commodity. Recycle does not mean to recover energy from the combustion of a material.

Required Square Footage. A percentage of a development's total usable square footage equal to the percentage of units required in a proposed project.

Restricted, more, and less. A use district is "more restricted" if it is listed earlier in Section 3-1 and "less restricted" if listed later in said section.

Rounding Numbers, Rule For. When a decimal must be rounded to the nearest whole number, as in the case of off-street parking requirements, or to the nearest foot, and when the only digit dropped is .5, then if the last digit retained is an even number, it shall be left unchanged; but if the last digit retained is an odd number, it shall be increased to the next higher digit. In the case of rounding to the nearest half foot to determine the existing building alignment, if the only digits dropped are .25, the preceding digit shall be left unchanged; but if the only digits dropped are .75, the preceding digit shall be raised to the next higher number.

Roxbury Land Trust. A trust or other organization to be formed for the purpose of establishing a process for community participation in the disposition of certain publicly owned land in the Roxbury Neighborhood District.

Shall. Shall be considered mandatory and not directory.

Sides of a Pier. The edges of the Pier other than the edge connecting the Pier with dry land and other than the End of the Pier.

Sign. Any structure, device, light, letter, word, model, banner, pennant, insignia, trade flag, or representation which is designed to be seen from outside a building and which advertises or announces a use conducted or goods, products, services or facilities available, including electric signs in windows or doors, but excluding window displays of merchandise and signs incidental to the display of merchandise.

Sign Area.

1.

For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.

2.

For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any background of a different color than the natural color of the building.

3.

Where the sign consists of individual letters or symbols attached to or painted on a surface, building, canopy, awning, wall, or window, the area shall be considered to be that of the smallest rectangle or other geometric shape which encompasses all of the letters or symbols.

4.

Only one face of a two-faced sign shall be counted in computing the area of a sign, or the total area of signs on a sign frontage or on a lot.

Sign Design, Comprehensive. A plan submitted to the Urban Design Department of the Boston Redevelopment Authority for signs and related architectural features on a sign frontage, a building front, or a group of buildings.

Sign Frontage. On the front of a building, Sign Frontage is the length in feet along a ground floor building front facing a street, or a private way accessible from a street, which is

Occupied by a separate and distinct use. On the side of a building, the Sign Frontage is the length along a ground floor building side facing a street, which is occupied by a separate and distinct use or by the same use that occupies the front of the building.

Sign, Awning. A sign on or attached to a temporary retractable shelter which is supported entirely from the exterior wall of a building.

Sign, Canopy. A sign on or attached to a permanent overhanging shelter which projects from the face of a building and is supported only partially by said building.

Sign, Electronic. A sign that allows for periodic changes in copy, images and/or symbols by electronic means.

Sign, Marquee. A sign on or attached to a permanent overhanging shelter which projects from the face of a building and is entirely supported by said building.

Sign, Off-Premise. A sign which advertises or announces a use conducted or goods available elsewhere than on the lot on which the sign is located.

Sign, On-Premise. A sign which advertises or announces a use conducted or goods available on the lot on which the sign is located.

Small Project Review. The review described as Small Project Review in Section 80E-1 of this Code.

Solar Energy System. A renewable energy generating system that employs solar photovoltaic or solar thermal energy, and associated mounting systems.

Solid Waste Transfer Station. A facility where solid wastes are brought, stored, and transferred to vehicles for transport to the location of further processing or treating or ultimate disposal.

State Building Code. The Massachusetts State Building Code, 780 CMR, as amended.

State Shadow Regulations. An Act Protecting Certain Public Commons, of the Massachusetts Legislature Acts of 1990, Chapter 362, An Act Protecting the Boston Public Garden, of the Massachusetts Legislature Acts of 1992, Chapter 384; and the Acts of 2017 Protecting Sunlight and Promoting Economic Development in the City of Boston, Chapter 57.

Stepback. The distance an upper story facade is recessed from the building facade below.

Stepback Height. The Building Height at which a required Stepback shall occur for the building facade at and above that height.

Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, except that a space used exclusively for the housing above the roof of mechanical equipment of a building shall not be considered to be a story if access to such space may be had only for maintenance of such equipment.

Story, First. The lowest story of which sixty-five percent (65%) or more of the height is above grade. See also "Ground Floor".

Story, Half. A story that is used or designed to be used for human occupancy, and that meets the following dimensions:

(i)

The floor area, measured four (4) feet vertically from the floor, does not occupy more than one-half (%) the area of the floor next below, and

(ii)

The ceiling area or plane, measured at a height of seven and one-third (7⅓) feet above the floor, is a minimum of one-third (⅓) the area of the floor.

1.

Treatment of dormers: The floor area of dormers shall be included in the gross floor area of a dwelling. Exception from Building Height: For the purpose of determining Building Height, the floor area of up to two (2) dormers on a dwelling shall be excluded from the floor area calculation for a half story, if each of the excluded dormers meets the following requirements:

(i)

The dormer is not wider than eight (8) feet; and

(ii)

The ridge line of the dormer does not exceed the ridge line of the structure of which it is a part, or thirty-five (35), whichever is less.

Street. A public way, alley, lane, court, sidewalk, and such parts of public squares and public places as form traveled parts of highways.

Street Line. The line separating a street from a lot.

Street Wall. 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 streetwall height specified in a Neighborhood District article.

Structure. A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole, or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part thereof'.

Substantially Rehabilitate. To cause alterations or repairs to be made to a structure or structures within any period of twelve (12) months, if such alterations or repairs cost more than fifty percent (50%) of the physical value of the structure or structures. Physical value shall be based on the assessed value, as recorded on the assessment rolls of the City as of the January 1 preceding the date of: i) notice to the Boston Redevelopment Authority of a Substantial Rehabilitation project pursuant to Section 80B-2.4, or ii) the date of the filing of an application for a building permit with the Inspectional Services Department for all other Substantial Rehabilitation projects.

Tidelands. Present and former submerged lands and tidal flats lying between the Natural High Tide Line and the seaward limit of state jurisdiction.

Transit Corridor. Any interstate, state, or local highway or rail line which lies below the grade level of abutting parcels of land, not including abutting transit corridors which lie below grade level.

Transportation Access Plan. A document prepared in accordance with Section 80B-3.1 (Large Project Review, Scope) that identifies the impact of a Proposed Project on the Transportation Network and describes proposed mitigation and monitoring measures.

Transportation Network. The elements of the publicly-owned facilities and accessible ways within the Impact Area of a Proposed Project, as set forth pursuant to Section 8OB-3.1 (Large Project Review, Scope), and all aspects of operation and maintenance of such ways and facilities.

Underlying Zoning. The zoning regulations applicable to the location of a Proposed Project or site, as set forth in this Code, without regard to the provisions of any applicable PDA Development Plan, PDA Master Plan, or Institutional Master Plan.

Usable Open Space. Space suitable for recreation, swimming pool, tennis court, gardens, or household service activities, such as clothes drying. Such space must be at least seventy-five percent (75%) open to the sky, free of automotive traffic, parking, and undue hazard, and readily accessible by all those for whom it is required.

1.

Required Usable Open Space. Unless otherwise specified in this Code, where the zoning applicable to a Lot specifies a minimum Usable Open Space per dwelling unit, the specified amount of land must be allotted and maintained for lawful outdoor uses, other than off-street parking.

Minimum usable open space per dwelling unit requirements shall not apply to hotels, motels, hospitals, dormitories, or other residential structures intended and designed primarily for transient occupancy.

2.

Calculation of Usable Open Space. The following areas shall be included in the calculation of Usable Open Space:

(a)

Open Space in Required Yards - space in required Front, Side, and Rear Yards that is not devoted to accessory buildings, off-street parking, or driveways;

(b)

Open Space on Balconies - suitably designed and accessible space on the balconies of a main building (including balconies on wings of a main building);

(c)

Open Space on Roofs - accessible space on the roof of a main or accessory building that is part of a Green Roof Project, if no more than 25% of the Green Roof area is physically accessible to the dwelling occupants.

Usable Square Footage. In a development with a residential component subject to the provisions of Article 79, the actual space a tenant or owner occupies from wall to wall. Usable square footage does not include mechanical spaces or common areas of a building such as lobbies, restrooms, stairwells, storage rooms, and shared hallways.

Use. As a verb, shall be construed as if followed by the words "or is intended, arranged, designed, built, altered, converted, rented, or leased to be used".

Vessel. Any watercraft, including, but not limited to, a Commercial Vessel or Recreational Vessel, but not including any floating structure permanently moored or attached to land or a Pier.

Vessel, Commercial. Any Vessel used for the principal purpose of engaging in a water- related commercial activity, including, but not limited to, charter boat, fishing boat, tug boat, cruise boat, freighter, or barge.

Vessel, Recreational. Any Vessel used principally for recreational purposes.

Yard, Front. An open space extending across the full width of the Lot and lying between the Front Lot line and the nearest building.

1.

Front Yard Measurement.

(a)

General Rule. Unless otherwise specified by this Code, where a minimum depth of Front Yard is specified, the required depth of Front Yard is measured: (i) from the Front Lot line (ii) to a line drawn inside the lot, parallel to the Front Lot line, at the depth required for the Front Yard.

(b)

Front Yard Required for Each Building or Use. The land in the required Front Yard for a building or use may not be used in computing the required Front Yard for another building or use. (See the definition of Lot Area.)

(c)

Existing Building Alignment. Where a Lot is required by this Code to conform to the Existing Building Alignment of the block, the depth required for the Front Yard is the depth of the Existing Building Alignment.

2.

Plantings and Structures Inside Required Front Yard. Within a required Front Yard, no planting other than shade trees shall be maintained more than five (5) feet above the average natural grade of the Front Yard. Within the required Front Yard, no Structure shall be erected except:

(a)

Fences and walls not over five (5) feet in height above the average natural grade of the Front Yard;

(b)

Steps, terraces, open porches without roofs, and the like, that do not extend more than three (3) feet above the floor of the first story;

(c)

Signs that conform with Article 11 (Signs).

Yard, Rear. An open space immediately behind the rearmost main building on the Lot, and extending across the full width of the Lot.

1.

Rear Yard Measurement.

(a)

General Rule. Except as otherwise specified in this Code, where a minimum depth of Rear Yard is specified, the required depth of Rear Yard is measured: (i) from the Rear Lot Line (ii) to a line drawn inside the Lot, parallel to the Rear Lot Line, at the depth required for the Rear Yard.

(b)

Rear Yard Required for Each Building or Use. The land in the required Rear Yard for a building or use may not be used in computing the required Rear Yard for another building or use. (See the definition of Lot Area.)

2.

Structures Inside Rear Yard. Within a required Rear Yard, no Structure shall be erected, other than those allowed into Side Yards (see 'Yard, Side"). Those Structures may extend the same distances into a Rear Yard that are allowed in a Side Yard, except that they may not come within ten (10) feet of a Rear Lot Line or within eight (8) feet of an accessory building.

Yard, Side. An open space along the side line of a Lot, extending from the Front Yard line to:

(i)

The Rear Yard line (see "Yard, Rear"), or

(ii)

For a Side Yard abutting a street, the Rear Lot Line.

1.

Side Yard Measurement.

(a)

General Rule. Except as otherwise specified in this Code, where a minimum depth of Side Yard is specified, the depth of each required Side Yard is measured: (i) from the Lot line on one side of the Lot (ii) to a line drawn inside the Lot, parallel to that Lot line, at the depth required for the Side Yard.

(b)

Side Yard Required for Each Building or Use. The land in the required Side Yard for a building or use may not be used in computing the required Side Yard for another building or use. (See the definition of Lot Area.)

2.

Plantings and Structures Inside Required Front Yard. Within a required Side Yard, no planting other than shade trees shall be maintained more than six (6) feet above the average natural grade of the Side Yard.

Within the required Side Yard, no Structure shall be erected except:

(a)

Fences and walls not over six (6) feet in height above the average natural grade of the Side Yard;

(b)

Steps, terraces, open porches without roofs, and the like, that do not extend more than three (3) feet above the floor of the first story;

(c)

Other protrusions that: (i) do not come within three (3) feet of a side lot line, and

i.

Do not extend into the Side Yard by more than the following distances:

- For porches not over half the length of the side wall of the building, and for ground story bays and open iron fire escapes: three and one-half (3½) feet,

- For other fire escapes, bays, balconies, chimneys, and flues: one-third (⅓) of the width of the Side Yard, or three and one-third (3⅓) feet,

- For belt courses, leaders, sills, pilasters, lintels, and ornamental features: one (1) foot,

- For cornices and gutters: two (2) feet.

Zoning Relief. Any zoning variance, exception, conditional use permit, interim planning permit, zoning map or text change, PDA Development Plan or PDA Master Plan approval, Institutional Master Plan approval, or any other relief granted by the Zoning Commission or the Board of Appeal.

(b)

Use definitions. The following definitions of uses and use groupings do not apply to any district listed in Article 8, Table A, unless otherwise indicated within Article 8. Definitions for uses and use groupings which do apply to districts listed in Article 8 Table A are found in Article 8 Table A Definitions.

Accessory Clinic or Office for Hospital. Clinic or professional offices accessory to a hospital whether or not on the same lot.

Accessory Drive-through Restaurant. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), a use wholly incidental to a restaurant, with a vehicular queuing lane and a window where customers place orders or receive services, or both, while seated in a vehicle.

Accessory Drive-through Retail. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), a use wholly incidental to a local retail business establishment, with a vehicular queuing lane and a window where patrons place orders or receive services, or both, while seated in a vehicle.

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 1,250 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) non-Detached ADU and one (1) Detached ADU.

A non-Detached Accessory Dwelling Unit shall not be subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking). 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 (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 1½ 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 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking). 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 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. Such occupation shall be carried on in a main building, require only equipment ordinarily incident to a dwelling unit, not require nonresident help, and not involve trading in merchandise. Home occupations include, but shall not be limited to sewing, piano lessons, tutoring, and similar uses which are clearly incidental to the dwelling for dwelling purposes and do not change the character thereof.

Accessory Industrial Use. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), any nonresidential accessory use lawful in a Manufacturing Subdistrict, 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.

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,or similar animals other than pigs.

Accessory Keeping of Laboratory Animals. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), the keeping of laboratory animals incidental to an educational, institutional, or research and development use.

Accessory Manufacture of Products. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), the manufacture, assembly, or packaging of products sold on the lot.

Accessory Office of University. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), office accessory to a University which is not on the same lot as the University.

Accessory Parking. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory 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.

Accessory Personnel Quarters. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), 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 Professional Office. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), an office, within a main building, of a professional person (whether or not requiring a professional license) who resides in such building, provided that nonresident assistants do not exceed; one in a 1F subdistrict, two in a 2F, 3D, 3F, or Row House subdistrict, or three in a MFR or MFR/LS subdistrict.

Accessory Research Laboratory. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), a Research Laboratory wholly incidental to another use and with a maximum gross floor area of 50,000 square feet, including space dedicated to lab dependent mechanical equipment.

Accessory Services for Apartment and Hotel Residents. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), in buildings with more than fifty dwelling units, and in hotels with more than fifty (50) 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.

Accessory Services Incidental to Educational Uses. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), in educational institutions with more than four hundred (400) full-time students, incidental uses and services ordinarily found in connection therewith and primarily for the staff, students, and faculty, when conducted wholly within a building.

Accessory Services Incidental to Hospitals. Subject to the provisions of Section 8-2.5 (Accessory Uses) and Section 23-9.a (Location of Accessory Parking), in hospitals with more than fifty (50) beds, incidental uses and services ordinarily found in connection therewith and primarily for patients or staff, when conducted wholly within a building.

Accessory Truck or Bus Servicing or Storage. Yard for storing or servicing trucks or buses accessory to a repair garage, gasoline station, carwash, or other use.

Active Uses. See Article 8 Table A Definitions.

Additional Dwelling Unit. One self-contained, non-transient residential living unit providing complete independent living facilities incorporated entirely within the footprint of the existing residential structure (a) which itself does not contain more than three dwelling units; and (b) in which the Owner is a resident of the residential structure.

Adult Bookstore. 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 a 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.

Adult Entertainment. Any of the uses listed under "Cultural Uses", "Entertainment", or "Retail Uses" if such establishment is customarily not open to the public generally but only to one or more classes of the public excluding any minor by reason of age.

Agency or Professional Office. Any room, studio, clinic, office or suite wherein the primary use is the conduct of business by professional persons, whether or not requiring professional license, such as attorneys, physicians, architects, insurance agents, professional managers and agents, consultants, writers, and the like.

Airport Use. Means the operation of an airport and includes all subuses located on airport premises and generally associated with and related to the operation of an airport. Such subuses may include, but are not limited to: runways; access roads; flight control and meteorological facilities; vehicle maintenance, storage, parking, and rental facilities; cargo and baggage sorting, handling, and storage facilities; passenger terminals; offices; restaurants, retail stores; and hotels.

Airport-Related Remote Parking Facility. A parking lot or parking garage from which transportation service is offered to airport premises.

Amusement Game Machine. A machine, apparatus, device, or mechanism, by which entertainment requiring or involving participation therein or the use of skill therein by a player or patron is furnished for profit, including, but not exclusively, video games and pinball machines, and excluding pool tables, sippio tables, billiard tables, and bowling alleys. An amusement game machine may be, but need not be, controlled by a coin, token, or slug.

Amusement Game Machines in Commercial Establishment. The maintenance and operation of more than four (4) mechanical, electronic, and/or coin-operated games and/or devices in a commercial establishment for the amusement of the general public.

Amusement Game Machines in Noncommercial Establishment. The maintenance and operation of more than four (4) mechanical, electronic, and/or coin-operated amusement game machines in a private club, dormitory, fraternity house, or similar noncommercial establishment.

Animal Hospital. A clinic or hospital, with or without outside runs, for the diagnosis, treatment, or hospitalization of household pets.

Apartment Hotel. A building primarily for persons who have their residence therein, containing four or more apartments which do not have kitchens.

Art Use. The creation, manufacture, or assemblage of visual art, including two- or three-dimensional works of fine art or craft, or other fine art objects created, manufactured, or assembled for the purpose of sale, display, commission, consignment, or trade by artists or artisans; or classes held for art instruction.

Artists' Mixed-Use. The use of all or a portion of a Building for both habitation and either Art Use or Arts Studio use (see Studio, Arts), or a combination thereof, provided that 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.

Automatic Telephone Exchange. A non-attended telephone switching or transmitting service.

Automatic Teller Machine. A machine accessible to banking customers by means of a coded celluloid card or other similar device which permits limited automated consumer banking transactions, such as deposits, cash withdrawals, balance inquiries, and the purchase of travelers checks.

Back Office. The use of a structure or land principally for clerical, data processing, or support staff functions and related services and occupations.

Bakery. A place where baked goods are made or sold for off-premises consumption.

Bank. A facility for the extension of credit and the custody, loan, or exchange of money, without a drive-in window.

Bank, Drive-in. A bank which provides, as all or part of its services, one or more teller's windows for the use of persons while seated in motor vehicles.

Banking and Postal Uses. Automatic teller machine; bank; drive-in bank; or post office.

Bar. An establishment devoted primarily to the retailing and on-premises drinking of alcoholic beverages. Such establishment may or may not serve food, and may or may not include dancing or entertainment.

Barber Shop or Beauty Shop. A barber shop, beauty shop, or other facility where haircutting, hairdressing, shearing, facials, manicures, or related services are performed.

Bed and Breakfast. Any owner-occupied dwelling unit in which three or fewer rooms or apartments without kitchen facilities are let on an overnight basis, primarily the temporary abode of persons who have their residence elsewhere, provided that food and beverage service is limited to breakfast for registered paying overnight guests at no additional cost, that there are no exterior signs, that there are no retail sales on premises, and that the length of occupancy does not exceed fourteen days.

Boat Rental Establishment. Any use or establishment that involves the renting, hiring, or instruction in the use of any sailboat, rowboat, or other Recreational Vessel that does not require an operator's license by the United States Coast Guard or the conferring of seasonal use privileges in a fleet of such Recreational Vessels.

Body Art. The practice of physical body adornment by permitted establishments and practitioners using, but not limited to the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification, but does not include practices that are considered medical procedures by the Board of Registration of Medicine, which are prohibited. This definition excludes the piercing of the earlobe with a pre-sterilized single-use stud-and-clasp system manufactured exclusively for ear piercing.

Body Art Establishment. A location, place, or business where the practices of body art are performed.

Cannabis Establishment. An entity, licensed and registered with the Commonwealth of Massachusetts that acquires, cultivates, possesses (including development of related products as edible marijuana infused products (MIP), tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers cannabis, products containing cannabis, including, but not limited to an adult use cannabis establishment, a medical use cannabis establishment, a marijuana retailer, a marijuana product manufacturer or a marijuana cultivator. Cannabis Establishments shall include any Marijuana Establishment or Medical Marijuana Treatment Center licensed pursuant to 935 C.M.R. 500, 105 C.M.R. 725.100, or any successor regulation.

Check Cashing Business. An establishment offering cash in exchange for checks, money orders, or the like, where the transaction involves a fee or an exchange at other than face value and is not principally in payment for the purchase of goods or services. "Check cashing business" does not include a bank or automatic teller machine.

Child Care Center. Any facility operated on a regular basis, whether known as a child nursery, nursery school, kindergarten, child play school, 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).

Cleaning Plant. A laundry plant, dry-cleaning plant, or rug cleaning plant.

Clinic. A place for the medical or similar examination and treatment of persons as outpatients or laboratory space dedicated to health care diagnostic procedures and routine testing.

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.

• 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.

Columbarium. A vault with niches for cinerary urns.

Community Center. A facility providing educational, recreational, and social services to the community.

Community Uses. Adult education center; community center; child care center; day care center, elderly; library; place of worship; monastery; convent; or parish house.

Container Redemption Center. A facility that is registered with the Massachusetts Department of Environmental Protection, Bureau of Waste Prevention, Division of Solid Waste Management, or any successor agency thereto, as a facility for the redemption of beverage containers subject to deposit.

Cultural Uses. Art gallery; art use; auditorium; cinema; concert hall; museum; public art display space; studio, arts; studio, production; theatre; or ticket sales.

Custodial Care Facility. A facility which provides custodial care, supervision and/or guardianship for people experiencing substance use disorder, or with cognitive disabilities, or with mental health disabilities.

Day Care Center, Elderly. Any facility operated on a regular basis which receives elderly persons for nonresidential custody or care during part or all of the day.

Dormitory. Any dwelling (other than a fraternity or sorority house) occupied primarily as a place of temporary abode by persons attending educational institutions.

Dormitory and Fraternity Uses. A dormitory, or fraternity.

Dumpster. Any dumpster, container, drum or compactor greater than one cubic yard in volume used for the storage of waste, refuse, garbage, construction debris or similar material. For the purpose of this Code, a dumpster shall be treated as an Accessory or Ancillary use where the dumpster is serving as the primary means for disposal for a Main Use, including the storage of construction debris generated on the lot on which the Main use is located, and a dumpster or storage of dumpsters shall be treated as an Accessory or Ancillary use when 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.

Dwelling. A building or structure used in whole or in part for human habitation.

Dwelling Unit. A room or group of rooms forming a habitable unit for one family, or one "Group Residence, Limited," with facilities used or intended to be used for living, sleeping, cooking, and eating; but not including any use contained in artists' mixed uses.

Dwelling, Detached. A dwelling which is designed to be and is substantially separate from any other structure or structures except accessory buildings.

Dwelling, Multifamily. A building containing four or more dwelling units. Not including a hotel or motel.

Dwelling, Semi-Attached. Two dwellings attached by a common party wall, but detached from other structures, sitting on different lots. Can contain one or two dwelling units.

Educational Uses. College or university; elementary or secondary school; kindergarten; professional school; or trade school.

Elderly Housing. A multifamily dwelling occupied exclusively by elderly residents, containing a common eating area, and providing social and personal care, but not medical care.

Entertainment Uses. Adult entertainment; amusement game machines in commercial establishment; amusement game machines in noncommercial establishment; bar; bar with live entertainment; bowling alley; billiard parlor; dance hall; drive-in theater; fitness center or gymnasium; private club not serving alcohol; private club serving alcohol; restaurant with live entertainment not operating after 10:30 p.m.; or restaurant with live entertainment operating after 10:30 p.m.

Executive Suites. Any dwelling (other than a boarding house, dormitory, fraternity, lodging house, sorority house, hotel, motel, or apartment hotel) in which living space, with kitchen facilities, is let to fewer than ten persons who are not related by blood, marriage, adoption or other analogous family union, primarily the temporary abode of persons living elsewhere.

Family Child Care Home. Any dwelling unit which, on a regular basis, receives for 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 receives 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.

Fraternity. A fraternity or sorority house, or other facility for housing a social or service organization of college students.

Funerary Uses. A cemetery; columbarium; crematory; funeral home; or mortuary chapel.

Garage with Dispatch. A building or part of a building wherein motor vehicles, such as taxicabs or ambulances, are dispatched from and are housed or stored when not in use.

Gasoline Station. An area of land, including any structures on the area, used for the retail sale of motor fuel and lubricants. A gasoline station shall not include an automobile laundry, car wash, repair garage, or local retail business establishment.

General Manufacturing. Includes plants, factories, mills, or other facilities engaged in the mechanical or chemical transformation of materials or substances into new products (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 and do not include a restricted industrial use. Performance standards, as defined in this Article, are applicable to general manufacturing.

General Office. The use of a structure or land principally for office space. Such use shall not involve manufacturing, repair, or warehousing of materials, goods, or products for the retail or wholesale market.

General Retail Business. A 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.

Grounds for Sport, Private. Private grounds for games and sports, not conducted for profit, including but not limited to areas providing private recreational facilities such as playgrounds, parks, swimming pools, and playing fields.

Group Care Residence, General. Premises for the residential care or supervision (but not including custodial care) of people experiencing substance use disorder, or previously or currently incarcerated individuals, juveniles under seventeen years of age who are under the care of correctional agencies of the Commonwealth, but not including "Group residence, limited."

Group Residence, Limited. A facility for the residential living, care, or supervision in any single dwelling unit of five or more people experiencing substance use disorder, physical or cognitive disabilities or mental health disabilities which is licensed, regulated, or operated by the Commonwealth of Massachusetts or operated by a vendor under contract with the Commonwealth.

Health Care Uses. Clinic; custodial care facility; group care residence, general; hospital; or nursing or convalescent home.

Homeless Shelter. A facility providing temporary housing for one or more individuals who are otherwise homeless.

Hospital Use. A healthcare use which may be subject to the provisions of Article 80D, including subuses such as health care facilities, 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.

• 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.

Hotel. A building (other than a dormitory) containing four or more apartments without kitchens, or containing sleeping accommodations for ten or more persons, primarily the temporary abode of persons who have their residences elsewhere.

Hotel and Conference Center Uses. Bed and breakfast; conference center; executive suites; hotel; or motel.

Industrial Park.

(a)

Any area designated as an Industrial Park in an Economic Development Plan (EDP) approved by the Boston Economic Development Industrial Corporation (EDIC), or its successor organization, if any, and used for the purposes described in such EDP; and

(b)

Any Marine industrial Park, as defined in 310 CMR 9.00 as it may be amended from time to time.

Industrial Uses. Artists' mixed-use; cleaning plant; general manufacturing use; light manufacturing use; printing plant; or restricted industrial use.

Institutional Uses. College or University Uses, Hospital Uses or Nursing or Convalescent Home Uses.

Kennel. A facility for the breeding or boarding of animals that has outside enclosures for the animals.

Light Manufacturing. Manufacturing typically having low impacts on the surrounding environment. Light manufacturing includes the design, development, compounding, processing, fabrication, altering, assembly, finishing, packaging, repairing, servicing, renting, testing, handling, or transfer of products. Examples of light manufacturing include, but are not limited to, the manufacture of such products as:

Ceramic products, including pottery and glazed tile;

Construction equipment and products;

Gas, diesel, and electrical machinery, equipment, or supplies;

Electronic and communication products, including, but not limited to, computer equipment, sound equipment, and household appliances;

Fish or other food products, except processing;

Instruments for engineering, medical, dental, diagnostic, scientific, photographic, optical, or other similar professional use;

Metal and wood products;

Office equipment or machinery;

Pharmaceutical or diagnostic products;

Cosmetics and toiletries;

Textile products including, but not limited to, products from the following: Canvas, burlap, cotton, knit goods, rope, and twine;

Photographic supplies, including processing solutions; and

Supplies related to printing or engraving.

Performance standards as defined in this Article, are applicable to light manufacturing.

Local Retail Business. A store primarily serving the local retail business needs of the residents of the neighborhood, but not constituting an adult bookstore or adult entertainment business, including, but not limited to, store retailing or renting one or more of the following: food, baked goods, groceries, drugs, videos, computer software, tobacco products, clothing, dry goods, books, flowers, paint, hardware, and minor household appliances, but not including a bakery or liquor store.

Lodging House. Any dwelling (other than a dormitory, fraternity, sorority house, hotel, motel, or apartment hotel) in which living space, with or without common kitchen facilities, is let to five or more persons, who do not have equal rights to the entire dwelling and who are not living as a single, non-profit housekeeping unit. Board may or may not be provided to such persons. For the purposes of this definition, a family is one person.

Maritime-dependent industrial uses. Marine terminals and related structures for the transfer between ship and shore of goods and/or passengers transported in waterborne commerce; facilities associated with marine terminals for the storage of goods transported in waterborne commerce; manufacturing facilities relying on the bulk receipt of shipments of goods by waterborne commerce; wharves, piers, docks, and processing and storage facilities for the commercial fishing industry; dry docks and other facilities related to the construction, servicing, storage, maintenance, or repair of vessels and other marine structures; and other docks, piers, wharves, berths, dolphins, or mooring facilities for tow boats, barges, dredges, ferries, commuter boats, water buses, water taxis, or other vessels engaged in waterborne commerce, port operations, or marine construction.

Medical Marijuana Treatment Center. A not-for-profit entity registered under 105 CMR 725.100, to be known as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses (including development of related products as edible marijuana infused products (MIP), tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers.

Mobile Home. A dwelling, other than a recreational vehicle, that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation.

Mobile Home Park. A parking space for two or more mobile homes used as dwellings.

Mortuary Chapel. A facility in a cemetery in which bodies are prepared for burial or cremation or funeral services are conducted.

Motel. A hotel primarily for transients traveling by automobile, with a parking space on the lot for each lodging unit, and with access to each such unit directly from the outside.

Motor Freight Terminal. A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked or stored.

Music store. A store for the sale of musical instruments and sheet music.

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.

• 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.

Office Uses. Agency or professional office, back office, or general office.

Open Space. Except where otherwise specified in this Code, Open Space includes 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.

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.

Open Space Uses. Golf driving range; grounds for sport, private; open space; open space recreational building; outdoor place of recreation for profit; or stadium uses.

Outdoor Storage of Damaged or Disabled Vehicles. Outdoor storage of damaged or disabled motor vehicles, with no dismantling of motor vehicles or sale of used parts on the lot.

Outdoor Storage of Junk and Scrap. Outdoor storage of second-hand lumber or other used building material, junk, scrap, paper, rags, unrepaired or uncleaned containers, or other articles.

Outdoor Storage of New Materials. Outdoor storage of new building materials, contractor's equipment, machinery, metals (other than scrap and junk), and the like.

Pawnshop. Any business, establishment or enterprise that engages in or carries on the business of loaning money upon mortgages, deposits or pledges, deposited with the lender, of wearing apparel, jewelry, ornaments, household goods or other personal property, or of purchasing such property on condition of selling it back again at a stipulated price.

Penal Institution. A facility for the incarceration of persons under warrant, awaiting trial on felony or misdemeanor charges, or serving a sentence upon conviction.

Private Club. Facilities used or operated for a purpose such as, but not limited to, a fraternal, social, recreational, or athletic purpose, including a health club.

Professional School. An institution which offers courses of instruction in any of several fields of study and/or in a number of professions or occupations, and which is not part of a college, university or trade school.

Public Assembly Uses. For the purposes of off-street parking requirements, such uses are entertainment uses, funerary uses, places of worship, or restaurant uses.

Public Boat Ramp. Any ramp structure that provides public access to or egress from the water for Vessels.

Public Open Space. An open space in public ownership devoted or to be devoted to a public use with only minor accessory buildings, if any. No structure that exceeds twenty (20) feet in height or two thousand (2,000) square feet in gross floor area shall be considered to be a part of such public open space. "Public open space" shall be construed to include a street.

Public Service Uses. Automatic telephone exchange; courthouse; fire station; telecommunications data distribution center; penal institution; police station; pumping station; recycling facility (excluding toxic waste); solid waste transfer station; substation; telephone exchange; or payphone(s).

Pumping station. A public service facility for transporting water, including pumps, piping, valves, and controls.

Recreational Marina. Any arrangement of docks, slips, Piers, pilings, moorings, or other facilities in or adjacent to the water, for use primarily by Recreational Vessels, including, but not limited to, any such facility associated with a yacht club or boat club.

Recycling Facility. A facility which recovers and recycles solid waste for reuse. A recycling facility shall not include a drop-off center for general commercial or household waste.

Research and Development Uses. Research Laboratory.

Research Laboratory. A building, room, or workplace 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, dean rooms, controlled environment rooms, and facilities with high-frequency ventilation. May include area 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.

Residential Uses. Congregate living complex; elderly housing; group residence, limited; homeless shelter; lodging house; mobile home; mobile home park; multifamily dwelling; one-family detached dwelling; one-family semi-attached dwelling; orphanage; row house; temporary dwelling structure; three-family detached dwelling; townhouse; transitional housing; two-family detached dwelling; or two-family semi-attached dwelling.

Restaurant. Lunch room, restaurant, cafeteria, or other place for the service or sale of food or drinks 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.

Restaurant Uses. A drive-in restaurant, restaurant, or take-out restaurant.

Restricted Industrial Use. A heavy manufacturing use typically having substantial impacts on the environment in which articles are usually mass produced from raw materials. A restricted industrial use includes any use which is objectionable or offensive because of special danger or hazard, or because of cinders, dust, smoke, refuse matter, flashing, fumes, gasses, vapor or odor not effectively confined to the lot. Examples of restricted industrial uses include, but are not limited to:

Batching or casting of concrete, including handling and/or storage of cement, lime, sand, stone, or other aggregates.

Blending of disinfectants, exterminating agents, fungicides, or insecticides.

Curing, dyeing, or finishing of fur or leather.

Curing, drying or smoking of fish, meat, or poultry.

Disposal, handling, or storage of radioactive waste.

Energy production facilities.

Incineration or reduction of garbage or organic waste.

Manufacture or refining of

Asphalt or asphalt products.

Fossil fuel products.

Fertilizers.

Gasses in amounts exceeding two thousand (2,000) cubic feet a day.

Rubber (natural or synthetic) including tires, tubes, or similar products.

Soaps or detergents, including fat rendering.

Toxic chemicals including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black or bone black, cleaning or polishing preparations, creosote, industrial alcohol, potash, plastic materials or synthetic rosins, or hydrochloric, picric, or sulphuric acids or derivatives.

Reduction, refining, or smelting of metal or metal ores.

Removal of gravel, loam, sand, or stone except for reuse on the same lot or incidental to the erection of a building on such lot.

Sewage disposal plant.

Storage of gasses in amounts exceeding ten thousand (10,000) cubic feet.

Storage and processing of salvage materials.

Performance standards, as defined in this Article, are applicable to all restricted industrial uses."

Retail Uses. Adult bookstore; bakery, general retail business; liquor store; local retail business; outdoor sale of garden supplies; or similar use.

Row House Building or Row House. One of a group of three or more residential buildings on different Lots sharing common or party walls or fire walls, on one or both side lot lines.

School. Buildings, premises and parts thereof in which a regular course of public or private instruction is given.

Seasonal Dry Storage. The storage of Recreational Vessels on land for periodic use in the water during the active boating season, generally from April through October.

Service Uses. Animal hospital; barber or beauty shop; caterer's establishment; dry-cleaning shop; kennel; laundry, retail; laundry, self-service; photocopying establishment; shoe repair; tailor shop; or similar use.

Storage (Outdoor or Enclosed) of Solid Fuel or Minerals. Storage, outdoors or in silos or hoppers, of coal, coke or other solid fuel or of crushed stone, sand, or similar material.

Storage Uses, Major. Outdoor storage of new materials; outdoor storage of damaged or disabled vehicles; outdoor storage of junk and scrap; outdoor or enclosed storage of solid fuel or minerals; storage of flammable liquids and gasses; warehousing; or wrecking yard.

Studio, Arts. A studio for professional work or teaching of music, dancing, or theatrical arts to students.

Studio, Production. A studio for production of motion pictures, videos, or radio or television programs; or for radio or television broadcasting.

Substation. A public service facility for transforming electricity for distribution to customers.

Take-out Restaurant. Sale over the counter, not wholly incidental to a local retail business, restaurant, or drive-in restaurant, of food or drink prepared on premises for off-premises consumption or for on-premises consumption if, as so sold, such food or drink is ready for take-out. A take-out restaurant shall include any restaurant with an accessory drive-through restaurant and any restaurant which serves its food and beverages primarily in disposable containers and provides disposable tableware.

Telephone Exchange. A telephone switching or transmitting service which is not automatic.

Theatre. A structure or facility where theatrical works, performing arts, motion pictures, or musical concerts are presented.

Ticket Sales. A structure or building or portion thereof, for the retail sale of tickets to performing, visual arts, sports, cultural or community events.

Town House Building or Town House. One of a group of three or more residential buildings on one lot, sharing common or party walls or fire walls, with each building having a separate entrance.

Trade Uses. A carpenter's shop; electrician's shop; machine shop; photographer's studio; plumber's shop; radio/television repair shop; upholsterer's shop; or similar use.

Transitional Housing. A building, or portion thereof, in which temporary residential accommodations are provided for persons or families who are not related to the owner, operator, or manager. Such residential accommodations shall be operated by a nonprofit organization, and shall include social services, on site or off site, to assist individuals or families living there. Transitional housing may contain a common kitchen and eating area and shared bathroom facilities.

Transportation Uses. An airport; bus terminal; garage with dispatch; helicopter landing facility; motor freight terminal; rail freight terminal; railroad passenger station; or water terminal.

Truck or Bus Servicing or Storage. Yard for storing or servicing trucks or buses.

Vacant Public Land. Any land owned by a public agency that is not in use for an essential public purpose.

Vehicular Uses. Bus servicing or storage; carwash; gasoline station; indoor installation of automotive parts; indoor sale of motor vehicles; outdoor sale of new and used motor vehicles; parking garage; parking lot; rental agency for cars; rental agency for trucks; repair garage; or truck servicing or storage uses.

Warehousing. The holding or storing of goods, wares, or merchandise as a main use in a building, whether for the owner or for others.

Water Terminal. A water freight or passenger terminal facility, including docks, piers, wharves, storage sheds for water-borne commodities, and rail and truck facilities accessory to a waterborne freight terminal.

Wholesale Business or Wholesale Use. A facility for the sale of goods, merchandise, or commodities, in gross, primarily for the purpose of resale.

Wrecking Yard. Wrecking and dismantling of motor vehicles.

(Text Amd. No. 461, § 4, 6-22-2023; Text Amd. No. 463, §§ 1—3, 8-16-2023; Text Amd. No. 464, § 1, 11-8-2023; Text Amd. No. 465, § 2, 11-7-2023; Text Amd. No. 466, § 2, 11-30-2023; Text Amd. No. 467, § 1, 2-7-2024; Text Amd. No. 471, §§§ 1, 14c., 14i., 4-23-2024; Text Amd. No. 472, § 1, 5-1-2024 Text Amd. No. 473, § 1, 5-14-2024; Text Amd. No. 478, § 1, 1-22-2025; Text Amd. No. 479, § 2, 2-6-2025; Text Amd. No. 486, § 1, 8-18-2025; Text Amd. No. 488, § 1, 10-28-2025; Text Amd. No. 491, 10-28-2025)

Words and phrases not defined in Section 2-1 but defined in the Commonwealth of Massachusetts State Building Code shall have the meanings given in the Commonwealth of Massachusetts State Building Code unless a contrary intention clearly appears.

(Text Amd. No. 461, § 4, 6-22-2023)

Words importing the singular shall include the plural; and words importing the plural shall include the singular.

(Text Amd. No. 461, § 4, 6-22-2023)