The purpose of this Article is to establish the zoning regulations for the comprehensive plan for the Chinatown District as required by the provisions of the Downtown Interim Planning Overlay District, Article 27D of this Code. The goals and objectives of this Article and the Chinatown Community Plan are to upgrade the quality of life and ensure the long-term viability of Chinatown as a historic residential neighborhood and a unique cultural, business, and service center; to create housing which is affordable to all segments of the community; to encourage community businesses and trades; to diversify the economy and improve employment opportunities for neighborhood residents; to protect the historic and cultural resources of the district; to improve the environment through the establishment of open space subdistricts; to manage institutional growth in an open process and to establish boundaries for institutional uses; to promote the most desirable use of land in accordance with the Chinatown Community Plan; and to promote the public safety, health, and welfare of the people of Boston.

In accordance with Section 27D-18 of this Code, which requires production of comprehensive planning policies, development controls, and design guidelines for Special Study Areas in the Downtown Interim Planning Overlay District, including the Chinatown District (Special Study Area No. 7), the Zoning Commission hereby recognizes the Chinatown Community Plan as the general plan for Chinatown. The Chinatown Community Plan also serves as the portion of the general plan for the City of Boston applicable to the Chinatown District. This Article is one of the means of implementing the Chinatown Community Plan, the preparation of which is pursuant to Section 70 of Chapter 41 of the General Laws, Section 652 of the Acts of 1960, and Section 3 of Chapter 4 of the Ordinances of 1952.

The provisions of this Article are applicable only in the Chinatown District. The boundaries of the Chinatown District are as shown on a map entitled "Map 1G Chinatown District (supplemental to 'Map 1 Boston Proper')," of the series of maps entitled "Zoning Districts City of Boston," as amended.

This Article together with the rest of this Code constitutes the zoning regulation for the Chinatown District, and applies as specified in Section 4-1 regarding the conformity of buildings and land to this code. Exceptions to the provisions of these regulations, pursuant to Article 6A, shall not be available, except to the extent expressly provided in this Article or Article 6A. Application of the provisions of Article 27D to the Chinatown District is rescinded, and the Chinatown District is deleted from the Downtown Interim Planning Overlay District as of the effective date of this Article, except as provided below. Where conflicts between this Article and the rest of this Code exist, the provisions of this article shall govern. Except where specifically indicated in this Article, the provisions of this Article supersede Article 8 (except Section 6-6 (Extension of Conditional Use)), Article 13 (except Section 13-3), and Articles 14 through 24, inclusive, of this Code for the Chinatown District. However, the exceptions to building height limitations provided for in Section 16-2 shall apply to building height limitations established in this Article, unless otherwise expressly provided. Further, the provisions of this Article are not applicable to the following Proposed Projects, which are governed by the rest of this Code, including Article 27D:

1.

Any Proposed Project for which application to the Inspectional Services Department for a building or use permit has been made prior to the first notice of hearing before the commission for adoption of this Article and for which no Zoning Relief is required.

2.

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

Text Amd. No. 471, § 14h., 4-3-2024)

This Section establishes three "protection areas" within the Chinatown District. The three protection areas are established in order to protect the existing scale, the quality of the pedestrian environment, the character of the residential/commercial mixed-use neighborhoods, and concentrations of historic buildings within and abutting the protection areas. The three protection areas are designated on Map 1G of this Code and are referred to herein as "Liberty Tree Protection Area," "Beach/Knapp Protection Area," and "Historic Chinatown Protection Area." Any other provision of this Article or this Code notwithstanding, Proposed Projects within a protection area are limited to the building height and FAR specified for such protection area as follows:

1.

Liberty Tree Protection Area. Within that portion of the Chinatown District depicted on Map 1G of this Code as the "Liberty Tree Protection Area," a maximum building height of sixty-five (65) feet and a maximum FAR of six (6) are allowed.

2.

Beach/Knapp Protection Area. Within that portion of the Chinatown District depicted on Map 1G of this Code as the "Beach/Knapp Protection Area," a maximum building height of sixty-five (65) feet and a maximum FAR of six (6) are allowed.

3.

Historic Chinatown Protection Area. Within that portion of the Chinatown District depicted on Map 1G of this Code as the "Historic Chinatown Protection Area," a maximum building height of sixty-five (65) feet and a maximum FAR of six (6) are allowed.

The foregoing provisions of this section notwithstanding, a Proposed Project within a protection area shall have a maximum allowed building height of eighty (80) feet and a maximum allowed FAR of seven (7) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

(As amended on May 9, 1996.)

This Section establishes the following subdistricts within the Chinatown District, each as designated on Map 1G of this Code:

1.

Commercial Chinatown Subdistrict. Within the Commercial Chinatown Subdistrict, a maximum building height of eighty (80) feet and FAR of six (6) are allowed; provided that any Proposed Project shall be allowed a maximum building height of one hundred (100) feet and a maximum FAR of seven (7) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

2.

Residential Chinatown Subdistrict. Within the Residential Chinatown Subdistrict, a maximum building height of eighty (80) feet and a maximum FAR of four (4) are allowed; provided that any proposed Project shall be allowed a maximum building height of one hundred (100) feet and a maximum FAR of six (6) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

3.

Institutional Subdistrict. Within the Institutional Subdistrict, a maximum building height of eighty (80) feet and a maximum FAR of six (6) are allowed; provided that any Proposed Project shall be allowed a maximum building height of one hundred twenty-five (125) feet and a maximum FAR of eight (8) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

4.

Health Sciences Subdistrict. This Subdistrict constitutes an Institutional Master Plan Area pursuant to subsection 43-18.2 of this Code, and comprises Areas A, B and C, as designated on Map 1G of this Code. Within the Health Sciences Subdistrict, a maximum building height of eighty (80) feet and FAR of six (6) are allowed; provided that, if any Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6, then such Proposed Project shall be allowed maximum building heights and maximum FARs as follows:

(a)

Within that portion of the Health Sciences Subdistrict depicted on Map 1G as Area A, a maximum building height of one hundred forty (140) feet and a maximum FAR of nine (9).

(b)

Within that portion of the Health Sciences Subdistrict depicted on Map 1G as Area B, a maximum building height of one hundred seventy (170) feet and a maximum FAR of eleven (11).

(c)

Within that portion of the Health Sciences Subdistrict depicted on Map 1G as Area C, a maximum building height of two hundred (200) feet and a maximum FAR of fourteen (14).

(As amended on March 6, 1995 and May 9, 1996.)

This Section establishes the "Turnpike Air-Rights Special Study Area" within the Chinatown District, as designated on Map 1G of this Code. Within the Turnpike Air-Rights Special Study Area, a maximum building height of eighty (80) feet and a maximum FAR of six (6) are allowed; provided that any Proposed Project shall be allowed a maximum building height of one hundred (100) feet and a maximum FAR of seven (7) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

In accordance with the Chinatown Community Plan, a comprehensive plan for the Turnpike Air-Rights Special Study Area shall be developed and shall address, at a minimum, the following:

(a)

specific measures to expand the existing residential areas, community services, and open spaces that will benefit the abutting communities, including Chinatown, the South End, and Bay Village;

(b)

appropriate urban design guidelines to govern and facilitate the proper development of the Turnpike Air-Rights Special Study Area;

(c)

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

(d)

measures to assure an appropriate relationship and transition between the scale and density of new residential development and the scale and density of existing residential areas in surrounding neighborhoods;

(e)

an open space plan for the Turnpike Air-Rights Special Study Area, providing for urban parks and usable recreation areas;

(f)

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

(g)

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

(h)

land use regulations necessary to implement the comprehensive plan. No development plan approval shall be granted pursuant to Section 80C-4 (Standards for Planned Development Area Review Approval) for a PDA in the Turnpike Air-Rights Special Study Area, until such comprehensive plan is completed.

(As amended on May 9, 1996.)

This Section establishes the "Chinatown Gateway Special Study Area" within the Chinatown District, as designated on Map 1G of this Code. Within the Chinatown Gateway Special Study Area, a maximum building height of eighty (80) feet and a maximum FAR of six (6) are allowed; provided that any Proposed Project shall be allowed a maximum building height of one hundred (100) feet and a maximum FAR of seven (7) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

In accordance with the Chinatown Community Plan, a comprehensive plan for the Chinatown Gateway Special Study Area shall be developed and shall address, at a minimum, the following:

(a)

specific measures to balance the different needs for housing resources, economic diversification, entrepreneurial development, and open space;

(b)

appropriate urban design guidelines to govern and facilitate the proper development of the Chinatown Gateway Special Study Area, including the creation of an effective transition between residential areas and development at South Station;

(c)

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

(d)

a plan to encourage the diversification and expansion of the neighborhood economy, employment opportunities, and local business ownership;

(e)

an open space plan for the Chinatown Gateway Special Study Area, providing for urban parks and usable recreation areas;

(f)

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

(g)

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

(h)

land use regulations necessary to implement the comprehensive plan's proposals. No development plan approval shall be granted pursuant to Section 80C-4 (Standards for Planned Development Area Review Approval) for a PDA in the Chinatown Gateway Special Study Area until such comprehensive plan is completed.

(As amended on May 9, 1996.)

This Section establishes the "Tyler Street Special Study Area" within the Chinatown District, as designated on Map 1G of this Code. Within the Tyler Street Special Study Area, a maximum of eighty (80) feet and a maximum FAR of six (6) are allowed; provided that any Proposed Project shall be allowed a maximum building height of one hundred twenty-five (125) feet and a maximum FAR of eight (8) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6.

In accordance with the Chinatown Community Plan, a comprehensive plan for the Tyler Street Special Study Area shall be developed and shall address, at a minimum, the following:

(a)

specific measures to balance and integrate institutional development, housing, community services, and businesses;

(b)

appropriate urban design guidelines to govern and facilitate the proper development of the Tyler Street Special Study Area, including urban parks and usable recreation space;

(c)

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

(d)

appropriate means to encourage the establishment of community facilities serving neighborhood needs;

(e)

an open space plan for the Tyler Street Special Study Area, providing for urban parks and usable recreation areas;

(f)

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

(g)

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

(h)

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

(As amended on May 9, 1996.)

This Section establishes within the Chinatown District Open Space Subdistricts as listed in Table A of this Article and designated on Map 1G of this Code. Regulations applicable to uses in such subdistricts are set forth in Article 33 of this Code, as indicated in Table A of this Article.

Under the provisions of Article 6A and this Section, the Board of Appeal may grant an exception to the maximum allowed FAR for a Proposed Project in the Chinatown District in the following manner. The Board of Appeal shall grant such an exception for increased FAR only if it finds that:

(a)

a portion of the floor area of the Proposed Project shall be limited to Community Uses as further provided in Subsection 1 below;

(b)

the Proposed Project and its massing are architecturally compatible with the surrounding area, in accordance with the Urban Design Component of Large Project Review;

(c)

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

(d)

the Proposed Project is consistent with the Chinatown Community Plan and the general plan for the city as a whole; and

(e)

if such exception relates to a Development Impact Project as defined in Section 80B-7 (Development Impact Project Exactions), the Applicant shall have complied with the requirements set forth in said Section 80B-7. The increased FAR available pursuant to this Section is up to one (1) ratio point. The procedure for granting such exceptions shall be in accordance with the provisions of Section 6A-2, governing the granting of exceptions; provided that a four-fifths majority of the Boston Redevelopment Authority shall have recommended approval of the exception for increased FAR prior to the Board of Appeal's consideration of the application.

1.

Uses Qualifying a Proposed Project for Increased FAR. The Board of Appeal may grant an exception for increased FAR corresponding to additional gross floor area of up to the amount of floor area to be reserved permanently for Community Uses, as described in Appendix B to this Article, and, in any event, not exceeding one (1) ratio point. The Board of Appeal may require the Applicant to provide evidence of a long-term commitment by the Applicant itself or a third party either:

(a)

to use the floor area for such Community Uses; or

(b)

to lease or otherwise transfer such floor area for such Community Uses (which may include a lease or transfer to the City of Boston or its designee).

2.

Use of the Floor Area Qualifying Proposed Projects for Increased FAR. The use of the amount of floor area of a Proposed Project which qualifies the Proposed Project for an exception for increased FAR in accordance with the provisions of this Section 43-11 shall be limited to the Community Uses, and any other use of such an amount of floor area shall be forbidden. The nonuse of floor area which qualifies a Proposed Project for increased FAR shall not affect the validity of such exception.

(As amended on May 9, 1996.)

This section establishes three areas within which Planned Development Areas ("PDAs"), as described in Section 3-1A.a, may be permitted within the Chinatown District. The purposes for establishment of the areas within which PDAs may be permitted are: to establish a more flexible zoning law and encourage large-scale private development on underutilized sites in the Chinatown District while insuring high-quality design by providing planning and design controls; to build affordable housing; to encourage the creation of affordable housing and open space; to create community facilities; to provide for neighborhood economic development and commercial expansion which is compatible with adjacent uses; to provide connections from Chinatown to adjacent areas of the city; and to direct institutional expansion outside the core of Chinatown. The three areas within which PDAs may be permitted are shown on Map 1G of this Code, and are otherwise referred to herein as the "Residential Chinatown PDA Area," the "Turnpike Air-Rights PDA Area," and the "Chinatown Gateway PDA Area." No PDA is permitted within the Chinatown District except within these areas.

1.

Consistency with Section 3-1A; Review and Approval Requirements. Any application for Development Plan approval for a Proposed Project within the Chinatown District is subject to the provisions of this Section and Sections 43-13 through 43-17, in addition to the provisions of Section 3-1A.a. See Article 80 concerning the applicability of Planned Development Area Review.

2.

Amendment of Development Plan. No Proposed Project in a PDA shall proceed, no change in use category of any public benefit qualifying a Proposed Project for Development Plan approval shall proceed, and no exterior alteration or change in use category of a rehabilitated Landmark, Historic Building, or Theater qualifying a Proposed Project for Development Plan approval shall proceed, unless the Boston Redevelopment Authority has certified to the Commissioner of Inspectional Services that the Proposed Project is consistent with the approved Development Plan, as amended from time to time, for such PDA or the portion thereof to which said work relates. See Section 80C-7 (PDA Review: Amendment of PDA Plans) for the procedure for amendment of a Development Plan.

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

The land use and dimensional regulations for PDAs in the Chinatown District are established by this section.

1.

Use Regulations. Any Proposed Project within a PDA is subject to the use regulations set forth in Section 43-19.

2.

Building Height and FAR Regulations. The building height for any Proposed Project within a PDA shall be in substantial accord with the building height specified in the applicable Development Plan, which specified building height shall not exceed the maximum building height stated in Table B of this Article. The FAR for any Proposed Project within a PDA shall not exceed the FAR specified in the applicable Development Plan, which specified FAR shall not exceed the applicable maximum FAR stated in said Table B, subject to the allowance of up to one (1) ratio point pursuant to the provisions of Section 43-11.

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

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

Deleted on May 9, 1996 by Text Amendment No. 228.

The Boston Redevelopment Authority may approve a Development Plan as meeting the requirement of Section 80C-4 (Standards for Planned Development Area Review Approval) for compliance with the applicable planning and development criteria of this Article if the Development Plan proposes a plan for public benefits, consistent with the Chinatown Community Plan, including one or more of the following:

(a)

the provision of Affordable housing, in accordance with the provisions of Subsection 1, below, of this Section;

(b)

the creation of neighborhood economic development opportunities, in accordance with the provisions of Subsection 2, below, of this Section;

(c)

the construction of community facilities, in accordance with the provisions of Subsection 3, below, of this Section;

(d)

the development of cultural facilities, in accordance with the provisions of Subsection 4, below, of this Section; or

(e)

the substantial rehabilitation of an eligible Theater, Historic Building, and Landmark, in accordance with the provisions of Subsection 5, below, of this Section. On the basis of provision of these mitigating public benefits under this Section, the Boston Redevelopment Authority may approve a Development Plan providing for a building height and FAR deviating from the standards set forth in Section 43-7, 43-8, or 43-9, as the case may be, provided that such building height and FAR shall not exceed the limits provided for in Section 43-13.

1.

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

(a)

at least fifty percent (50%) of the gross floor area of the Proposed Project is devoted to Residential Uses;

(b)

either

(i)

at least fifty percent (50%) of the dwelling units proposed in the Development Plan on site are Affordable; or

(ii)

the Applicant creates or causes the creation of the same number of Affordable units off site in the Chinatown District; and

(c)

a minimum of 0.7 off-street parking space* ^[2] is provided for each dwelling unit or, if a lesser number of spaces is permitted to be provided for such dwelling units pursuant to the terms of any applicable state or federal parking freeze or similar law, the greatest number of spaces permitted for such dwelling units under such parking freeze or similar law.

Notwithstanding the above, the percentage of affordable dwelling units and the off-street parking ratio for planned development areas within the Residential Chinatown PDA Area II shall be determined through Article 80 Large Project Review.

2.

Development Plan Approval for Creation of Neighborhood Economic Development Opportunities. The Boston Redevelopment Authority may approve a Development Plan for a Proposed Project to be constructed on a site owned by a Public Agency if the Development Plan proposes the creation of neighborhood economic development opportunities through the provision of:

(a)

entrepreneurial assistance measures, such as

(i)

informational, outreach, and educational programs concerning new business development;

(ii)

general business planning and management counseling;

(iii)

technical assistance; and

(iv)

the establishment of general financing options;

(b)

a set-aside of space for neighborhood businesses or assistance with commercial site improvement;

(c)

an opportunity for equity participation in business opportunities by Chinatown residents and community development corporations; or

(d)

franchise training programs or other job-training programs which include employment opportunities upon completion.

3.

Development Plan Approval for Construction of Community Facilities. The Boston Redevelopment Authority may approve a Development Plan proposing to construct or to cause the construction or expansion of community facilities if:

(a)

the community facilities are fully finished and equipped and are of a size and type which are appropriate, under the circumstances pertaining at the time of the application for Development Plan approval, to the needs of the Chinatown community, as identified by the Community Service Needs Assessment and Feasibility Study in the Chinatown Community Plan; and

(b)

the Applicant provides evidence of a long-term commitment by the Applicant itself or a third party either

(i)

to use the community facilities in accordance with the Chinatown Community Plan or

(ii)

to lease or otherwise transfer such community facilities for such use (which may include a lease or transfer to the City of Boston or its designee). The use of any community facility which is developed for qualification as a public benefit for Development Plan approval under this Article shall be limited to the uses specified in the Development Plan. Such uses shall be consistent with the uses specified in the Chinatown Community Plan. To guarantee the continuation of such uses, the Applicant may, but shall not be required to, lease or otherwise transfer any right, title, and interest in the community facility to the City of Boston or its designee. No change in the use of any public benefit providing a basis for Development Plan approval shall proceed unless there has been an amendment to the Development Plan.

4.

Development Plan Approval for Development of Cultural Facility. The Boston Redevelopment Authority may approve a Development Plan proposing to develop or to cause the development of a new Theater or other cultural facility if:

(a)

the new Theater or other cultural facility is of a useful condition, size, and type which is appropriate, under the circumstances pertaining at the time of the application for Development Plan approval, to contribute to the balance of cultural facilities responsive to the needs of the Chinatown District and the City of Boston, as identified in the Chinatown Community Plan, with consideration being given to the Theaters and cultural facilities being provided or rehabilitated in the Midtown Cultural District and to the provisions of the Midtown Cultural District Plan;

(b)

the Development Plan provides sufficient assurance of the successful operation of the Theater or cultural facility, through provision for necessary ancillary or accessory facilities such as administrative offices, rehearsal/studio space, dressing room/green room space, storage space, or other facilities; and

(c)

the Applicant provides evidence of a long-term commitment by the Applicant itself or a third party either

(i)

to use the Theater or cultural facility in accordance with the Chinatown Community Plan or

(ii)

to lease or otherwise transfer such Theater or cultural facility for such use (which may include a lease or transfer to the City of Boston or its designee).

5.

Development Plan Approval for Substantial Rehabilitation of Existing Theaters, Historic Buildings, or Landmarks. The Boston Redevelopment Authority may approve a Development Plan proposing substantial rehabilitation of an eligible Theater, Historic Building, or Landmark if:

(a)

the Development Plan proposes substantial rehabilitation of an eligible Theater, Historic Building, or Landmark, which the Applicant owns or will own at the time set for commencement of construction, in accordance with the provisions of paragraphs (x) and (y) of this Subsection; or

(b)

the Applicant and the fee simple owner (or agent thereof) (the "Owner") of an eligible Theater, Historic Building, or Landmark enter into an agreement which agreement shall provide that a substantial rehabilitation of such a building shall be performed in accordance with the provisions of paragraphs (x) and (y) of this Subsection, and the Development Plan reflects the provisions of such agreement and the Applicant's undertaking to be bound by them. Under clause (b) above, an agreement shall be entered into which shall conform to the provisions of Section 38-25. In the case of existing Theaters, Development Plan approval shall also be subject to the provisions of Subsection 38-14.1. In the case of Landmarks, the substantial rehabilitation must also be approved by the Boston Landmarks Commission in accordance with Chapter 772 of the Acts of 1975, as amended from time to time. A Theater, Historic Building, or Landmark shall be "eligible" for the purpose of this Subsection 5 if it is listed in Appendix C to this Article.

(a)

Qualification of Substantial Rehabilitation of a Theater. Substantial rehabilitation of an eligible Theater qualifying as a public benefit for Development Plan approval consists of:

(i)

major interior or structural changes for the purpose of improving the Theater's design and its viability for Theater use, including an equipment level commensurate with its proposed use, or

(ii)

historic restoration of the interior of the Theater. Major exterior renovations and improvements, such as afaçade restoration, may also be included in the qualification as substantial rehabilitation. Substantial rehabilitation to the interior of a Theater may include, without limitation, such work as expanding stage or wings, reraking the orchestra, increasing rehearsal, dressing room, or lobby space, or historic restoration. It may also include conversion to Theater use of an original Theater currently in other use. Substantial rehabilitation does not mean normal Theater maintenance, painting, or improvements to mechanical systems alone.

(b)

Qualification of Substantial Rehabilitation of Landmark or Historic Building. Substantial rehabilitation of an eligible Landmark or Historic Building qualifying as a public benefit for Development Plan approval consists of alterations or repairs made to a building or structure, costing in excess of fifty percent (50%) of the physical value of the building or structure, in accordance with the Boston Landmarks Commission's standards and criteria for landmark rehabilitation, if any. The physical value of a structure or structures shall be deemed to be the assessed value of the structure, as recorded on the assessment rolls of the City as of the January 1 preceding the date of the application for Development Plan approval.

6.

Use of Theaters and Cultural Facilities. The use of any Theater or cultural facility which is developed or substantially rehabilitated for qualification as a public benefit for Development Plan approval under this Article shall be limited to the uses specified in the Development Plan. Such uses shall be consistent with the uses specified in the Chinatown Community Plan. To guarantee the continuation of such uses, the Applicant may, but shall not be required to, lease or otherwise transfer any right, title, and interest in the Theater or cultural facility to the City of Boston or its designee.

(As amended on May 9, 1996 and November 6, 2008; Text Amd. No. 454, § 2, 12-22-21.)

In addition to the Large Project Review requirements set forth in Article 80 of this code, Proposed Projects submitted for approval as part of a Development Plan application under Planned Development Area Review shall comply with the Chinatown General Design and Environmental Impact Standards described herein. The purpose of these additional standards is to maintain and improve the quality of life in the Chinatown area, with particular regard to the Landmarks and buildings listed on the Massachusetts Register of Historic Places.

1.

Open Space. A Proposed Project must provide open space which has landscaping features, a management plan, and a shape, dimension, character, and location suitable to assure its use for park, recreation, conservation, or garden purposes.

2.

Shadow Criteria. Each Proposed Project shall be arranged and designed in a way to assure that it does not cast shadows for more than two hours from 10:00 a.m. through 2:30 p.m., on any day from March 21 through September 21, in any calendar year, on Gateway Park, Pagoda Park, or Tai Tung Park.

3.

Wind. Buildings shall be designed to avoid excessive and uncomfortable downdrafts on pedestrians. Each Proposed Project shall be shaped, or other wind-baffling measures shall be adopted, so that the Proposed Project will not cause ground-level ambient wind speeds to exceed the standards in Table C of this Article, provided that a site that does not conform to such standards on the effective date of this Article shall not become more non-conforming as the result of a Proposed Project and that acceptable wind standards for such Proposed Project shall be determined through Article 80 Large Project Review or Small Project Review.

Requirements for the review and approval of Institutional Master Plans are set forth in Article 80 (Development Review and Approval) for Institutional Master Plan Review. See Section 80D-2 (Applicability of Institutional Master Plan Review) concerning the applicability of such requirements, regulations applicable to exempt projects, exemptions for small institutions, and election to include exempt projects in an Institutional Master Plan.

1.

Applicability of Requirement. A Proposed Project which includes one or more Institutional Uses, as identified in Appendix B hereto, shall be consistent with an approved Institutional Master Plan, within the meaning of paragraph 2(a) (Institutional Master Plan Review: Review Requirement) of Section 80D-2, unless such Proposed Project is exempt from such requirement, pursuant to subsection 2 (Exempt Projects) of this Section 43- 18.

2.

Exempt Projects. A Proposed Project that would otherwise be subject to the Institutional Master Plan Review requirement set forth in subsection 1 of this Section 43-18 is exempt from such requirement if such Proposed Project is described in paragraph (a) (Certain Interior Alterations) or paragraph (b) (Special Provision for Conditional Approval of Certain Projects in Absence of Institutional Master Plan) of this Section 43-18.2.

(a)

Certain Interior Alterations. The provisions of this Section 43-18 shall not, in any event, apply to a Proposed Project limited to interior alterations affecting a gross floor area of fifty thousand (50,000) square feet or less and not involving a change of use or increase in FAR; provided, however, that the provisions of this Section 43-18 shall apply to a Proposed Project involving any interior alterations located on the ground floor materially affecting pedestrian access routes provided for in the Institutional Master Plan or materially affecting then existing space devoted to Retail, Service, Restaurant, Cultural, or Community Uses. For the limited purpose of applying the gross floor area threshold of the preceding sentence, a series of Proposed Projects on the same or contiguous lots, undertaken by the Applicant or affiliates of the Applicant pursuant to building permits issued within any period of twenty-four (24) consecutive months, shall be deemed to be a single Proposed Project.

(b)

Special Provision for Conditional Approval of Certain Projects in Absence of Institutional Master Plan. If no applicable current Institutional Master Plan has been approved, a Proposed Project containing less than five thousand (5,000) square feet of gross floor area devoted to one or more Institutional Uses otherwise allowed for the location, pursuant to Section 43-19, may be conditionally permitted, in accordance with the provisions of Article 6, but if an applicable current Institutional Master Plan has been approved, then such a Proposed Project must be in conformity with said current Institutional Master Plan. For the purpose hereof, a "current" Institutional Master Plan shall mean an Institutional Master Plan approved, either originally or in amended form, by the Boston Redevelopment Authority and the Zoning Commission, in accordance with this Section 43-18, not more than four (4) years prior to the date on which a Certification of Consistency under Institutional Master Plan Review has been issued for such Proposed Project, pursuant to Section 80D-10.

3.

Content of Institutional Master Plan: Additional Elements. Pursuant to subsection 10 (Additional Elements) of Section 80D-3 (Scope of Institutional Master Plan Review; Content of Institutional Master Plans), the additional elements required in an Institutional Master Plan may include, but need not be limited to, the elements set forth in this subsection 3 of Section 43-18 to the extent that the Boston Redevelopment Authority determines that such elements are necessary, for city planning purposes, to judge the impact on the surrounding neighborhoods of the Institution's current and future Proposed Projects together with other development reasonably anticipated to occur.

(a)

Alternative Development Scenarios

An identification and analysis of alternative development scenarios and their impacts, including alternative sites for proposed future projects, and sites not currently owned by the institution. The Plan should define functions and services which could possibly be decentralized to minimize impacts upon the most intensely utilized areas of the institution's campus and surrounding geographical area.

(b)

Schedule of Proposed Projects

A schedule and estimated timetable for current and future proposed projects, and associated mitigation measures to alleviate project impacts, particularly regarding transportation impacts.

(c)

Institutional Transportation and Parking Management and Mitigation Plan

In the Institutional Transportation and Parking Management and Mitigation Plan, described in Section 80D-3.5:

i.

An analysis of the cumulative impacts of all projects proposed in the Institutional Master Plan on the transportation network, taking into account the cumulative impacts of other foreseeable projects, and a statement of measures proposed to mitigate, limit, or minimize, to the extent economically feasible, any adverse impact on the transportation network reasonably attributable to the projects proposed in the Institutional Master Plan; and

ii.

An analysis identifying the demand created by projects proposed in the Institutional Master Plan for tenant, commuter, and short- and long-term visitor parking, nontenant parking, and evening and weekend parking, the impact of such parking needs on the available parking supply in Chinatown and adjacent neighborhoods, and the manner in which the institution proposes to meet demand reasonably attributable to the projects proposed in the Institutional Master Plan, taking into account the City's policy of encouraging use of transportation modes other than single-occupant private automobiles.

(d)

Pedestrian Access

A definition of the pedestrian circulation system to be provided through the campus of the institution, including access to public facilities, including but not limited to public open spaces. Such pedestrian access system shall include appropriate signage, benches, and other amenities to indicate the public nature of the system.

(e)

Housing Analysis

An identification of the impacts of the proposed future projects on city and neighborhood housing, and an analysis of possible mitigative measures to address these impacts upon the neighborhood housing supply.

(f)

Environmental Analysis

An identification of the impact of proposed future projects on the environment, and an analysis of mitigative measures to be undertaken to address such environmental impacts.

(g)

Urban Design Analysis

An analysis of the urban design aspects and impacts of proposed future projects. Said analysis shall include a definition of the major design elements of new or renovated buildings and associated landscaping, open space, and pedestrian access improvements, and their compatibility with existing buildings and improvements.

(h)

Child Care Analysis

An analysis of child care needs created by proposed future projects, and a description of mitigative steps to be taken to address such newly created needs.

(i)

Job Training Analysis

A description of the permanent employment to be created by proposed future projects, an analysis of the job skills necessary for such employment opportunities, and a definition of steps to be taken to work with Boston schools to train Boston students to achieve these skills.

(j)

Impacts of Other Projects

An analysis of the impacts of other known, proposed future projects within the neighborhood within which the institution is located. Such analysis shall include projects identified by the Boston Redevelopment Authority and other projects which the institution is or reasonably should be aware of. Such analysis shall include a definition of the cumulative impacts of all known projects proposed for the surrounding neighborhood from all of the aforementioned perspectives of concern.

(k)

Community Benefits Plan

An identification of measures to minimize or mitigate detrimental and adverse impacts of proposed future projects on communities and neighborhoods within which proposed future projects are located.

(l)

Community Review

A description of the proposed process and timetable for community review of each proposed future project, including a statement of written information to be provided to the neighborhood group as that term is defined in Subsection 2 below and other citizen group, in connection with the review process.

4.

Time for Renewal of Institutional Master Plan. An Institutional Master Plan Notification Form (IMPNF) seeking renewal of an Institutional Master Plan pursuant to Section 80D-8 (Renewal of Institutional Master Plan) shall be filed on or before the fourth (4th) anniversary of the date of the later of:

(a)

the Zoning Commission's approval of the original Institutional Master Plan, or

(b)

the most recent renewal thereof by the Zoning Commission (or by the Boston Redevelopment Authority, if no Zoning Commission review was required).

(As amended on May 9, 1996.)

In the Chinatown District the use of land and structures is hereby regulated as provided in this Section. No land or structure shall be erected, used, or arranged or designed to be used, in whole or in part, except in conformity with the provisions of this Section 43-19.

1.

Neighborhood Business Opportunities. An Applicant for any Proposed Project with fifty thousand (50,000) or more square feet of floor area available for lease, other than for residential purposes, shall use Best Efforts, as hereinafter defined, to market space within the Proposed Project to Neighborhood Business Establishments from Chinatown, on terms comparable to those for other potential users of such space, as detailed in the remainder of this paragraph, for a period of not less than ten (10) years. Such Best Efforts shall be detailed in a Neighborhood Business Opportunity Plan, prepared in accordance with regulations to be adopted by the Boston Redevelopment Authority after public notice and hearing, and approved by the Boston Redevelopment Authority. The Neighborhood Business Opportunity Plan shall take into account the size of the Proposed Project; the minimum user size (i.e., the number of square feet of each type of space) to which the Applicant contemplates leasing at identified stages of its marketing effort; and the uses permitted by the Applicant's leasing plan for office and retail space.

For the purpose of this Subsection 1, "Best Efforts" means reliance on traditional methods of leasing; and, whenever those traditional methods prove insufficient to afford a meaningful opportunity to Neighborhood Business Establishments to lease space within the Proposed Project, subject to the provisions of this Subsection, the Applicant shall take other affirmative measures to afford such an opportunity. The measures to be taken to satisfy the "Best Efforts" standard shall be in conformity with written regulations, referenced in the immediately preceding paragraph, and consistent with the applicable Neighborhood Business Opportunity Plan as approved by the Boston Redevelopment Authority. A Neighborhood Business Opportunity Plan shall not require that Applicant lease space to Neighborhood Business Establishments under any terms or conditions that are in any respect inconsistent with those terms and conditions generally applicable to other lessees in the Proposed Project.

2.

Inclusion of Child Care Facilities. The provisions of this Subsection 2 apply only to Proposed Projects to exceed a building height of eighty (80) feet, or an FAR of six (6), or both. Any Proposed Project having a gross floor area, not including the floor area devoted to Residential Uses or Cultural Uses, which equals or exceeds one hundred thousand (100,000) square feet, shall devote to child care facilities an amount of floor area equal to at least the amount listed below in Table D of this Section, except that the child care facilities requirement for that portion of any Proposed Project consisting of Institutional Uses located in the Institutional Subdistrict and subject to an approved Institutional Master Plan shall be as set forth in said Institutional Master Plan. For the purposes of this Subsection 2 and Table D only, floor area devoted exclusively to hotel or motel uses shall be multiplied by 0.5 before being used in any calculation of required child care facilities. An Applicant for a Proposed Project subject to the provisions of this paragraph may fulfill its obligations under this Subsection by either

(a)

creating such facilities on site; or

(b)

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

All Proposed Projects within the Chinatown District shall comply with the specific design requirements established in this Section, subject to the provisions of Article 6A.

1.

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

(a)

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

(b)

otherwise, the Proposed Project shall be deemed subject to the Design Component of Small Project Review for the limited purpose of determining an appropriate Street Wall location. The foregoing notwithstanding, within a PDA, a Street Wall of any Proposed Project shall be built at the depth from the curb line provided for in the applicable Development Plan. A Proposed Project shall comply with the requirements of this Subsection 1 with respect to eachfaçade facing a public street, but excluding alleys and private ways.

Except as otherwise provided in this Subsection 1, Street Walls shall be continuous across a lot. However, design articulation involving deviations from the Street Wall Plane of two (2) feet or less shall be permitted across the Street Wall. Further, larger recesses and bays in Street Walls shall be permitted as follows. For Proposed Projects not subject to nor electing to comply with Large Project Review, recesses in Street Walls shall be permitted as set forth in Table G and bay windows shall be permitted to extend from the Street Wall Plane above the ground-floor ceiling height, provided that such bay windows do not affect more than forty percent (40%) of the Street Wall Plane. For Proposed Projects that are subject to or have elected to comply with Large Project Review, recesses and bays may be permitted if appropriate to the creation of visually interesting designs or the accommodation of a specific ground level function, provided that thefaçade remains compatible with its historical and architectural surroundings and visual continuity in the block front is preserved, as determined by the Boston Redevelopment Authority in accordance with the Urban Design Component of Large Project Review.

The linear frontage of any single use of the first floor of any building on a street, excluding alleys, shall not exceed forty (40) feet in the Historic Chinatown Protection Area, Liberty Tree Protection Area, and Beach/Knapp Protection Area and fifty (50) feet in the Commercial Chinatown Subdistrict. For the purposes of the preceding sentence, separate business operations shall be deemed distinct uses notwithstanding that they may be classified under the same use category. The maximum allowed linear frontage on a street of any individual entrance to an off-street parking or loading area of a Proposed Project in the Chinatown District is thirty (30) feet. The maximum allowed linear frontage on a street of any office, hotel, motel, or residential lobby of a Proposed Project in the Chinatown District, excluding areas within which PDAs are allowed and excluding the Institutional Subdistrict, is fifteen (15) feet.

Within the protection areas depicted on Map 1G of this Code as the Beach/Knapp Protection Area and the Liberty Tree Protection Area, any Proposed Project for exterior alteration or construction shall be subject to Small Project Review, pursuant to paragraph (a)(i) (Design Review Required by Applicable Zoning) of Section 80E-2.1 (Applicability of Small Project Review: Design Component). Notwithstanding any contrary provision of Section 80E-2.1, such review shall be applicable whether or not any such Proposed Project is subject to the jurisdiction of the Boston Landmarks Commission or any other architectural board or commission having design review authority and established pursuant to a general or special law of the Commonwealth of Massachusetts.

To be consistent with the design guidelines established in this Section 43-21, a Proposed Project shall be designed such that the exterior proportions, scale, massing, window treatment, materials, colors, and architectural detailing are compatible with the observable historical and architectural character of other buildings in the area within which the Proposed Project is located, and with streets and open spaces to which it is visually related, as identified in the Chinatown Community Plan. To preserve a lot-by-lot appearance,façade ornamentation should be varied, and façades should be divided into modules or bays to reflect the lot width established by historic buildings within each area and to continue the established bay rhythm of each block.

1.

Specialfaçade Considerations. In reaching its decision, pursuant to Section 80E-4.1 (Standards for Small Project Review Approval: Design Component), the Boston Redevelopment Authority shall consider whether the Proposed Project will have an adverse effect on:

(a)

the character of the Beach/Knapp Protection Area as an area within which brick façades predominate;

(b)

the character of the Liberty Tree Protection Area as an area within which ornate façades and hip, gabled, and mansard roofs are distinctive elements; or

(c)

the lot-by-lot appearance of the district.

(As amended on May 9, 1996.)

The Commissioner of the Inspectional Services Department shall not issue a change of use or occupancy permit for any Theater within the Chinatown District, as identified in the Chinatown Community Plan, except in accordance with the provisions of this Section.

1.

Demolition of Unsafe Theaters. The Commissioner of the Inspectional Services Department may issue a demolition permit where the Theater or building is unsafe and demolition is required pursuant to the provisions of the Commonwealth of Massachusetts State Building Code.

2.

Authorized Change of Use or Occupancy of Theaters. Excepting the provisions of Subsection 1 of this Section, the Commissioner of the Inspectional Services Department shall issue a change of use or occupancy permit for any Theater within the Chinatown District under the provisions of Article 6 only if the Board of Appeal finds, after reviewing the recommendations, if any, of appropriate City departments and agencies, and appropriate community and neighborhood organizations in the Midtown and Chinatown areas, and in addition to all other conditions required under Section 6-3, Section 6-3A, and Section 6-4, where applicable, that:

(a)

change of use or occupancy of the Theater structure will not unduly diminish the historic character of the Washington Street as a cultural, entertainment, and theatrical showcase, taking into consideration:

(i)

current physical characteristics of the Theater that affect its suitability for use as a Theater, including but not limited to seating capacity, interior configuration, and location;

(ii)

history of its use as a Theater;

(iii)

the likelihood of its future use for Theater production; and

(iv)

the Applicant's plans for replacement of the Theater structure with performing arts facilities supportive of the objectives and specifications of the Chinatown Community Plan. In its approval of a conditional use under this Subsection 2, the Board of Appeal shall attach as conditions and safeguards, at a minimum, that:

(b)

the Applicant for any Proposed Project on the lot containing a portion or all of the former site of the Theater either:

(i)

replace that Theater with a fully equipped new Theater or other cultural facility of a condition, size, and type which is appropriate, under the circumstances pertaining at the time of the permit application, to contribute to the balance of cultural facilities responsive to the needs of the Chinatown District and, as identified in the Chinatown Community Plan; or

(ii)

substantially rehabilitate or cause the substantial rehabilitation of an existing Theater, in accordance with the provisions of Subsection 3 of this Section 43-22; and

(c)

the Applicant provide evidence of a long-term commitment by the Applicant itself or a third party either:

(i)

to use the Theater or cultural facility in accordance with the Chinatown Community Plan; or

(ii)

to lease or otherwise transfer such Theater or cultural facility for such use (which may include a lease or transfer to the City of Boston or its designee). In the case of a new Theater, the new Theater must provide for sufficient facilities to support Theater operations, such as administrative offices, rehearsal studio space, dressing room/green room space, and storage space. In the case of a Theater in a building or an interior designated as a Landmark, such permit must also be authorized by the Boston Landmarks Commission, in accordance with Chapter 772 of the Acts of 1975, as amended from time to time. The Applicant shall also enter into an agreement for substantial rehabilitation of an existing Theater, as detailed in Section 38-25, where applicable.

3.

Qualification of Substantial Rehabilitation of a Theater. Substantial rehabilitation of an existing Theater qualifying for approval under this Section 43-22 consists of:

(a)

major interior or structural changes for the purpose of improving the Theater's design and its viability for Theater use, including an equipment level commensurate with its anticipated use, as set forth in the Chinatown Community Plan; or

(b)

historic restoration of the interior of the Theater. Major exterior renovations and improvements, such as afaçade restoration, may also be included in qualifying as substantial rehabilitation. Substantial rehabilitation to the interior of a Theater may include, without limitation, such work as expanding stage or wings, reraking the orchestra, increasing rehearsal, dressing room, or lobby space, or historic restoration. It may also include conversion to Theater use of an original Theater currently in other use. Substantial rehabilitation does not mean normal Theater maintenance, parking, or improvements to mechanical systems alone.

(Text Amd. No. 492, 10-28-2025)

The provisions of Article 23, Off-Street Parking, shall govern any Proposed Project in the Chinatown District, except a Proposed Project in a PDA for which off-street parking shall be provided as required in the applicable Development Plan. The off-street parking requirements stated as applicable to a specific floor area ratio set forth in Table B of Section 13-1, including the exemption from the off-street parking requirement set forth in Section 23-6(a), shall also apply to the same floor area ratio set forth in this Article. Where a use provided for in this Article is not included in any use item number listed in Article 23, off-street parking facilities shall be provided in accordance with the requirements for the use item number listed in Article 23 which is most similar to such use. The foregoing notwithstanding, in no event shall any Proposed Project be required to provide parking in excess of that permitted under any applicable state or federal parking freeze or similar law.

Within the Adult Entertainment District, Adult Entertainment Uses, identified in Appendix B, are allowed, and the prohibition of moving or flashing signs in Section 11-2 does not apply.

Article 24 provides the regulations governing the provision and design of off-street loading facilities for the use of any structure or land in the Chinatown District not subject to Large Project Review. Where a use provided for in this Article is not included in any use item number listed in Article 24, off-street loading facilities shall be provided in accordance with the requirements for the use item number listed in Article 24 which is most similar to such use. The provision and design of off-street loading facilities for the use of any structure or land that is subject to Large Project Review shall be determined through such review.

(As amended on May 9, 1996.)

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

The provisions of this Article are severable, and if any such provision or provisions shall be held invalid by any decision of any court of competent jurisdiction, such decision shall not impair or otherwise affect any other provision of this Article.

The following appendices to this Article are incorporated herein:

1.

Appendix A - Definitions

2.

Appendix B - Use Categories

3.

Appendix C - Eligible Theaters, Historic Buildings, and Landmarks

4.

Appendix D - General Use Restrictions

a.

Table E - Uses Regulated by Floor

b.

Table F - Uses Not Regulated by Floor