The purpose of this Article is to establish the zoning regulations for the comprehensive plan for the Roxbury Neighborhood District as required by the provisions of the Roxbury Interim Planning Overlay District, Article 27E of this Code. The goals and objectives of this Article and the Roxbury Neighborhood Plan are to provide for affordable and market rate housing for individuals and families; to promote and expand neighborhood educational and cultural facilities; to promote the viable neighborhood economy and provide for new economies and expansion of job opportunities; to preserve, enhance, and create open space; to protect the environment and improve the quality of life; to promote the most desirable use of land; and to promote the public safety, health, and welfare of the people of Roxbury.

This Article has been developed with the extensive participation of the Roxbury Neighborhood Council including the Planning and Zoning Advisory Committee. The role of community participation in determining appropriate land use regulations and zoning is critical to the success of any zoning article or development plan. The Roxbury Neighborhood Council and its successor organization, if any (collectively hereinafter referred to as the "Roxbury Neighborhood Council"), may continue to play an active role in advising on land use planning and design review for Roxbury through advising City agencies on land use and design decisions for their neighborhood. See Article 80 concerning the procedure for community participation in Boston Redevelopment Authority review of large and small projects (Section 80B-5 and Section 80E-5.1) and Planned Development Area development plans (Section 80C-5). In addition, in order to encourage community participation, the Boston Redevelopment Authority shall transmit to the Roxbury Neighborhood Council project plans and application materials for a Proposed Project received by the Authority in connection with any of the following actions where not otherwise addressed in Article 80:

(a)

Zoning Relief, as defined in Article 2; or

(b)

the disposition of publicly owned land, including land disposed of through the Roxbury Land Trust. With respect to any such action, the Roxbury Neighborhood Council may, within thirty (30) days after the date of such transmittal, file with the Boston Redevelopment Authority written recommendations on any action to be taken by the Authority. The Boston Redevelopment Authority shall not take any such action until such recommendations have been received and considered, provided that if no such recommendations are received within said thirty (30) days, the Boston Redevelopment Authority may proceed with such action without such recommendations.

(As amended on August 22, 1996 and July 31, 1997; Text Amd. No. 461, § 2, 6-22-2023.)

In accordance with Section 27E-7 of this Code, which requires production of comprehensive planning policies, development controls, and design guidelines for the Roxbury Neighborhood District, the Commission hereby recognizes the Roxbury Neighborhood Plan as the general plan for the Roxbury Neighborhood District. The Roxbury Neighborhood Plan shall also serve as the portion of the general plan for the City of Boston applicable to the Roxbury Neighborhood District. This Article is an integral part of and one of the means of implementing the Roxbury Neighborhood 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 Roxbury Neighborhood District. The boundaries of the Roxbury Neighborhood District and its subdistricts are as shown on the maps entitled "Map 6A Roxbury Neighborhood District," "Map 6B Roxbury Neighborhood District," and "Map 6C Roxbury Neighborhood District" (supplemental to 'Map 6 Roxbury) of the series of maps entitled "Zoning Districts City of Boston," as amended.

This Article together with the rest of this Code constitute the zoning regulation for the Roxbury Neighborhood District and apply as specified in Section 4-1 regarding the conformity of buildings and land to this Code. Zoning relief in the form of exceptions from the provisions of this Article pursuant to Article 6A, is not available except to the extent expressly provided in this Article or Article 6A. Application of the provisions of Article 27E to the Roxbury Neighborhood District is rescinded, and the Roxbury Interim Planning Overlay District is extinguished, as of the effective date of this Article, except as provided below. Where conflicts exist between the provisions of this Article and the remainder of the Code, the provisions of this Article shall govern. Except where specifically indicated in this Article, the provisions of this Article supersede Section 8-3 (Use Regulations) and Articles 13 through 24 of this Code for the Roxbury Neighborhood District. The following Proposed Projects, however, are exempt from the provisions of this Article and are governed by the rest of this Code:

1.

Any Proposed Project for which application to the Inspectional Services Department for a building or use permit has been made prior to the first notice of hearing before the Zoning Commission for adoption of this Article and for which no Zoning Relief is required, provided that construction work under such building permit, or occupancy under such permit, is commenced within six (6) months of the date of such permit and proceeds in good faith continuously so far as is reasonably practical under the circumstances; and provided further that all construction work is completed within two (2) years from the effective date of this Article and in accordance with the building permit as in effect on said effective date.

2.

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

3.

Any Proposed Project or site subject to a Planned Development Area Development Plan approved by the Boston Redevelopment Authority prior to the first notice of hearing before the Zoning Commission for adoption of this Article.

(Text Amd. No. 471, § 14g., 4-3-2024)

Within the Roxbury Neighborhood District, no Planned Development Area shall be permitted, except as expressly provided for in Section 50-12.

This Section establishes two economic development areas ("EDAs") within Roxbury: the Greater Roxbury EDA and the Dudley Square EDA. These EDAs are established to encourage economic growth and commercial activity in a manner which is sensitive to the needs and interests of the community and to provide for economic development that is of a quality and scale appropriate to the surrounding neighborhood. They are established to encourage the diversification and expansion of Boston's and Roxbury's economy, the creation and retention of job opportunities, and the provision of additional economic benefits to the Roxbury Neighborhood District. The EDAs are designated "EDA" on the maps establishing the Roxbury Neighborhood District.

A focal point for economic development activity is the Greater Roxbury Economic Development Area ("EDA"), an area which has historically been referred to as the Southwest Corridor. This area has been the location of major development and economic activity in the past. Because of the central nature of the location and access to public transportation and major arteries, the Greater Roxbury EDA should be a location for major economic growth in the future. The Greater Roxbury EDA provides opportunities for significant economic development projects on publicly owned land which links Roxbury to the downtown economy.

The establishment of the Dudley Square Economic Development Area ("EDA") recognizes the extent to which, historically, Dudley Square has served as a regional business and commercial center. While it still serves that function, there are opportunities for new construction and for rehabilitation of existing structures to further expand opportunities for commercial and retail development in this center. In addition, much related retail and commercial activity will be generated as a result of growth and development in the Greater Roxbury EDA. As a result, the Dudley Square EDA will provide opportunities for neighborhood business development which can provide jobs and entrepreneurial opportunities to the Roxbury community.

Within the Greater Roxbury EDA and the Dudley Square EDA of the Roxbury Neighborhood District, the uses identified in Table A of this Article and described in greater detail in Article 2 are allowed, conditional, or forbidden as set forth in said Table A. No land or Structure in said subdistricts shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified as "A" (allowed), or subject to the provisions of Article 6, such use is identified as "C" (conditional). Any use identified as "F" (forbidden) in Table A for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 47a., 7-2-2015; Text Amd. No. 461, § 2, 6-22-2023.)

Within the Greater Roxbury EDA, the maximum allowed Building Height is sixty-five (65) feet and the maximum allowed Floor Area Ratio is two (2). Within the Dudley Square EDA, the maximum allowed Building Height is fifty-five (55) feet and the maximum allowed Floor Area Ratio is two (2). The minimum allowed Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space are set forth in Table C of this Article.

Within the Greater Roxbury EDA, the Dudley Square EDA, and the Newmarket IDA, Planned Development Areas ("PDAs"), as described in Section 3-1A.a, may be permitted on the following parcels:

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

(a)

the creation or retention of job opportunities and neighborhood economic development opportunities, in accordance with the provisions of paragraph 1, below, of this Section; or

(b)

the diversification and expansion of Boston's economy in new areas of economic activity, such as private investment in research and development of pharmaceutical and biomedical products in accordance with the provisions of paragraph 2, below, of this Section.

1.

Development Plan Approval for the Creation of New Job Opportunities. The Boston Redevelopment Authority may approve a Development Plan proposing creation of new job opportunities if it determines that:

(a)

employment positions in businesses occupying the Proposed Project are newly created in Roxbury;

(b)

the Development Plan provides for entrepreneurial assistance measures, such as

(i)

information, outreach, and education programs concerning new business development;

(ii)

general business planning and management counseling;

(iii)

technical assistance; and

(iv)

the establishment of general financing options; or

(c)

the Development Plan provides for job opportunities to facilitate community access to jobs created by the Proposed Project.

2.

Development Plan Approval for Diversification and Expansion of Boston's Economy. The Boston Redevelopment Authority may approve a Development Plan proposing diversification and expansion of Boston's economy if at least thirty percent (30%) of the gross floor area of the Proposed Project is dedicated to or supportive of uses such as, but not limited to, the following:

(a)

research, development, and production of pharmaceutical and biomedical products;

(b)

the design, development, fabricating, and testing of instruments for engineering, medical, dental, scientific, optical, or other similar professional use; or

(c)

other scientific Research and Development Uses, including laboratories and facilities for theoretical, basic, and applied research, product development and testing, prototype fabrication, or production of experimental products. Examples of uses which shall be considered "supportive of" the uses enumerated in subparagraphs (a), (b), and (c) of this Subsection include, but are not limited to: office space occupied by private entities engaged in such uses or occupied by governmental entities regulating such uses; hotel, conference, or convention facilities; and educational facilities providing instruction in fields related to such uses.

Any Proposed Project dedicated to or supportive of the uses enumerated in subparagraphs (a), (b), and (c) of this Subsection is subject to the Guide for the Care and Use of Animals of the National Institutes of Health; the Animal Welfare Act, and other federal regulations pursuant to the act; and the Public Health Service Policy on Humane Care and Use of Laboratory Animals.

(As amended on May 9, 1996.)

The dimensional regulations for PDAs are established by this Section.

1.

Use Regulations. A Proposed Project within a PDA is subject to the use regulations set forth in Table A of this Article, except as the same may be modified in the Development Plan.

2.

Dimensional Regulations. A Proposed Project within an established PDA shall comply with the standards set forth in Table 2 of this Article.

Deleted on May 9, 1996 by Text Amendment No. 230. (For approval standards for Planned Development Area Development Plans, see Section 80C-4, Standards for Planned Development Area Review Approval.)

See Article 80 concerning the applicability of Planned Development Area Review to the approval of PDA Development Plans, PDA Master Plans, and Proposed Projects in Planned Development Areas.

1.

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

(As amended on May 9, 1996.)

Deleted on May 9, 1996 by Text Amendment No. 230.

This Section establishes four Neighborhood Business Subdistricts within the Roxbury Neighborhood District. All four Neighborhood Business Subdistricts are Neighborhood Shopping Subdistricts, a type of Neighborhood Business Subdistrict which encourages smaller retail and community uses which serve the residents of the Roxbury Neighborhood District, and encourages the development in these areas of neighborhood businesses which provide essential goods and services as well as jobs and entrepreneurial opportunities for the Roxbury community. The Neighborhood Shopping Subdistricts are designated "NS" on the maps establishing the Roxbury Neighborhood District.

1.

Egleston Square Neighborhood Shopping Subdistrict

2.

Grove Hall Neighborhood Shopping Subdistrict

3.

Washington Park Mall Neighborhood Shopping Subdistrict

4.

St. Patrick's Neighborhood Shopping Subdistrict

Within the Neighborhood Business Subdistricts, the uses identified in Table A of this Article and described in greater detail in Article 2, are allowed, conditional, or forbidden as set forth in said Table A. No land or Structure in said subdistricts shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in said Table A as "A" (allowed) or, subject to the provisions of Article 6, such use is identified as "C" (conditional). Any use identified as "F" (forbidden) in Table A for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 47b., 7-2-2015; Text Amd. No. 461, § 2, 6-22-2023.)

Within Neighborhood Business Subdistricts, the maximum allowed Building Height is forty-five (45) feet and the maximum allowed FAR is one (1). The minimum allowed Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space are set forth in Table D of this Article.

(As amended on August 22, 1996.)

For sign regulations applicable within the Roxbury Neighborhood District, see Section 50-42 (Sign Regulations).

(As amended on July 31, 1997.)

Within Neighborhood Business Subdistricts, specific design requirements apply as set forth in Section 50-40, screening and buffering requirements apply as set forth in Section 50-41, and design review guidelines as set forth in Section 50-39 may be applicable.

This Section establishes eight (8) Community Facilities Subdistricts within the Roxbury Neighborhood District. These subdistricts are established to encourage the development and expansion of important community-based facilities in the Roxbury Neighborhood District, which provide health, educational, and cultural services to the community and are an important part of the institutional fabric of the Roxbury community. The Community Facilities Subdistricts are designated "CF" on the maps establishing the Roxbury Neighborhood District.

1.

Campus High Subdistrict

2.

Community College Subdistrict

3.

Dimock Street Subdistrict

4.

Walnut Avenue Subdistrict

5.

Warren Street Subdistrict

6.

Roxbury Heritage State Park Subdistrict

7.

Townsend Street Subdistrict

8.

Albany Street Medical Area Subdistrict

Within the Community Facilities Subdistricts, the uses identified in Table A of this Article and described in greater detail in Article 2 are allowed, conditional, or forbidden as set forth in said Table A. No land or Structure in said Subdistricts shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in said Table A as "A" (allowed) or, subject to the provisions of Article 6, such use is identified as "C" (conditional). Any use identified as "F" (forbidden) in Table A for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 47c., 7-2-2015; Text Amd. No. 461, § 2, 6-22-2023.)

Within Community Facilities Subdistricts, the maximum allowed Building Height is forty-five (45) feet and the maximum allowed FAR is two (2), except within the Walnut Avenue Subdistrict, where the maximum allowed Building Height is thirty-five (35) feet and the maximum allowed FAR is one (1). The minimum allowed Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space are set forth in Table E of this Article.

This Section establishes Residential Subdistricts within the Roxbury Neighborhood District. The purpose of the Residential Subdistricts is to maintain, enhance, and promote the character of residential neighborhoods in terms of density, housing type, and design; to provide for low- and medium-density multifamily housing appropriate to the existing built environment; and to encourage appropriate development which enhances the Subdistrict while preventing overdevelopment and poor quality of construction. These Residential Subdistricts are designated as follows on the maps establishing the Roxbury Neighborhood District.

1.

Two-Family Residential Subdistricts, as indicated by the designation "2F" on said Maps. The Two-Family Residential Subdistricts are established to preserve, maintain, and promote two-family neighborhoods, to preserve existing structures, to provide for new infill construction appropriate to the existing fabric, and to allow minor changes to occur as-of-right. In a 2F subdistrict the maximum number of Dwelling Units allowed in a single Building shall be two (2); a greater number up to three (3) units in a Building shall be conditional, subject to the provisions of Article 6.

2.

Three-Family Residential Subdistricts, as indicated by the designation "3F" on said Maps. The Three-Family Residential Subdistricts are established to encourage low-density three-family areas with a variety of housing types appropriate to the existing fabric including one-, two-, but no more than three-family Dwellings. In a 3F subdistrict the maximum number of Dwelling Units allowed in a single Building, in a Town House Building, or in a Row House Building shall be three (3), and the maximum number of Town House Buildings or Row House Buildings attached in a row shall be three (3); a greater number of units up to four (4) in a Building and a greater number of Buildings up to four (4) attached in a row shall be conditional, subject to the provisions of Article 6.

3.

Row House Residential Subdistricts, as indicated by the designation "RH" on said Maps. The Row House Subdistricts are established to preserve, maintain, and promote the existing fabric of Row House neighborhoods by allowing Row Houses and Town Houses as the sole housing types. There shall be a limit of four (4) Dwelling Units per individual Row House Building or Town House Building in the Row House Residential Subdistricts.

4.

Multifamily Residential Subdistricts, as indicated by the designation "MFR" on said Maps. The Multifamily Residential Subdistricts are established to encourage medium-density multifamily areas with a variety of allowed housing types including one-, two-, and three-family Dwellings, Row Houses, Town Houses, and Multifamily Dwellings.

5.

Multifamily Residential/Local Services Subdistricts, as indicated by the designation "MFR/LS" on said Maps. The Multifamily Residential/Local Services Subdistricts are established to encourage medium-density multifamily areas with a variety of allowed housing types including two-, and three-family Dwellings, Row Houses, Town Houses, Multifamily Dwellings, and ground floor retail.

The provision of opportunities for the development of Affordable Housing is critical in Roxbury, as it is throughout the City of Boston.

Dudley Triangle Area. Notwithstanding any contrary provision of Section 50-29 (Dimensional Regulations Applicable in Residential Subdistricts), any Proposed Project within the Dudley Triangle Area, which is generally bounded by Dudley Street, Howard Avenue, Harlow Street, Folsom Street, Robinhood Street, Hartford Street, Brookford Street, and Blue Hill Avenue that is the subject of a regulatory agreement entered into pursuant to Chapter 121A of the Massachusetts General Laws between an urban redevelopment corporation, as that term is defined in said chapter, and the Boston Redevelopment Authority, as of the effective date of this Article, shall be required to meet seventy percent (70%) of the minimum Lot Size, minimum Lot Width, Open Space, and Front, Rear, and Side Yard requirements that would otherwise be applicable pursuant to Section 50-29 and Table F of this Article, provided that:

(a)

such Proposed Project is used exclusively for Residential Uses and uses Accessory thereto;

(b)

not less than seventy percent (70%) of the Dwelling Units included in such Proposed Project are Affordable Housing; and

(c)

such Proposed Project is subject to or elects to comply with Large Project Review or Small Project Review.

Notwithstanding the use regulations set forth in Table B for a Row House Subdistrict, a One-Family Detached Dwelling or a Two-Family Detached Dwelling shall be an allowed use for a Proposed Project located in a Row House Subdistrict in the Dudley Triangle Area, provided that such Proposed Project conforms to this Subsection 50-27.2.

(As amended on May 9, 1996; Text Amd. No. 389, § 3, 2-15-13.)

Within the Residential Subdistricts of the Roxbury Neighborhood District, the uses identified in Table B of this Article and described in greater detail in Article 2 are allowed, conditional, or forbidden as set forth in said Table B. No land or Structure in said subdistricts or areas shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in said Table B as "A" (allowed) or, subject to the provisions of Article 6, such use is identified as "C" (conditional). Any use identified as "F" (forbidden) in Table B for the proposed location of such use is forbidden in such location.

Additional Dwelling Unit. Within the Roxbury Neighborhood District, an Additional Dwelling Unit, as defined in Section 2-1, shall be subject to the Use Regulations set forth in Table B of this Article; however said Additional Dwelling Unit shall be an Allowed Use where it may otherwise be Conditional or Forbidden provided that it is the addition of no more than one (1) dwelling unit to the existing structure; and shall be exempt from all requirements of this Code provided that the Additional Dwelling Unit does not involve any bump out, extension or construction to the existing envelope of the structure which results in the addition of Gross Floor Area and that the residential structure to which the conversion is occurring is owner-occupied and registered in accordance with Ch. 9-1.3 of the City of Boston Rental Registry Ordinance at the time of conversion.

(Text Amd. No. 416, § 47d., 7-2-2015; Text Amd. No. 440, § 2A., 5-8-2019; Text Amd. No. 461, §§ 2, 3, 6-22-2023.)

1.

Lot Area, Lot Width, Frontage, Yard, Building Height, and FAR Requirements. The minimum Lot Area, Lot Width, Lot Frontage, minimum Usable Open Space per Dwelling Unit, and Front Yard, Side Yard, and Rear Yard required for any Proposed Project in a Residential Subdistrict and the maximum allowed Building Height and Floor Area Ratio for such Proposed Project shall be established by:

(a)

determining whether the Lot is located in a zone designated "4000" (minimum Lot Area of 4,000 square feet), "5000" (minimum Lot Area of 5,000 square feet), "6000" (minimum Lot Area of 6,000 square feet), or "7000" (minimum Lot Area of 7,000 square feet), as shown on "Map 6A Roxbury Neighborhood District," "Map 6B Roxbury Neighborhood District," or "Map 6C Roxbury Neighborhood District," and

(b)

determining the dimensional requirements applicable to the pertinent zone by reference to Table F of this Article.

2.

Allowed Additions in Required Yards. Within a Two-Family Residential Subdistrict or Three-Family Residential Subdistrict, additions to existing Detached Dwellings or Main Buildings may extend into a required yard (except the Front Yard) when the existing Detached Dwelling or Main Building is already nonconforming with respect to that yard; provided that such nonconformity affects at least seventy percent (70%) of the total length of the wall facing such required yard. The extension of the line formed by the principal alignment of the nonconforming wall of the Detached Dwelling or Main Building shall be the limit to which the addition may be built. The addition may extend up to the applicable maximum Building Height and may include a basement addition. The Floor Area Ratio of the existing Detached Dwelling or Main Building together with the new addition shall not exceed the maximum allowed Floor Area Ratio specified for the subdistrict. The addition to the nonconforming wall or walls shall comply with the following requirements:

(a)

Side Yard: When completed, the side wall of an addition to a nonconforming side wall is at all points at least five (5) feet from the Side Lot Line and ten (10) feet from an existing Detached Dwelling or Main Building on an abutting lot.

(b)

Rear Yard: When completed, the rear wall of an addition to a nonconforming rear wall is at all points at least twenty (20) feet from the Rear Lot Line.

3.

Lot Frontage. Within a Two-Family Residential Subdistrict or Three-Family Residential Subdistrict, every Lot shall have a minimum frontage on a Street not less than the minimum Lot Width specified in Table F of this Article for such Lot, and, in addition, each Detached Dwelling, Semi-Attached Dwelling, Row House Building, and Town House Building on a Lot shall have a minimum frontage on a Street not less than such minimum Lot Width. (See also Subsection 50-44.1, Exceptions to Minimum Lot Size Requirements.)

This Section establishes two Industrial Development Areas ("IDAs") within the Roxbury Neighborhood District. IDAs are designed to encourage the expansion of the existing manufacturing and industrial base in a manner which is sensitive to and preserves the quality of life of the surrounding neighborhoods and to encourage the development of new job opportunities within the Roxbury Neighborhood District. The Economic Development and Industrial Corporation ("EDIC"), as the agency with the responsibility for coordinating and implementing the Industrial Development Plan for the City of Boston, will play an ongoing and active role in overseeing the direction of growth and development in the IDAs. The IDAs are designated "IDA" on the maps establishing the Roxbury Neighborhood District.

1.

Newmarket Industrial Development Area

2.

Grove Hall Industrial Development Area

Within the Industrial Development Areas of the Roxbury Neighborhood District, each use shall comply with the provisions of this Section.

1.

None of the following effects will be allowed:

(a)

Any emissions beyond the boundaries of the Lot in quantities that endanger human health or cause damage to vegetation or property.

(b)

Any emission of radioactivity or any biohazard that exceeds the applicable local, state, or federal regulations.

(c)

Any electrical disturbance which interferes unduly with the normal operation of equipment or instruments or which is reasonably likely to cause injury to any person located outside the Lot.

(d)

Any surface water or groundwater contamination that exceeds any applicable state or federal regulations.

2.

Any noise, air pollutant, vibration, dust, odor, change in temperature, or direct or sky-reflected glare of a significant quantity and duration detectable by the human senses without the aid of instruments shall not be allowed to emanate more than fifty (50) feet beyond the boundaries of the Lot upon which a use is located, or to emanate more than twenty (20) feet beyond the boundaries of the Lot upon which a use is located if the Lot abuts or is across the Street from a residential subdistrict.

For general performance standards applicable to all industrial uses, see the definition of "performance standards" as set forth in Article 2.

(As amended on August 22, 1996; Text Amd. No. 461, § 2, 6-22-2023.)

Within an IDA in the Roxbury Neighborhood District, the uses identified in Table A of this Article, and described in greater detail in Article 2, are allowed, conditional, or forbidden as set forth in said Table A. No land or Structure in said subdistricts or areas shall be erected, used, or arranged or designed to be used, in whole or in part, unless, for the proposed location of such use, the use is identified in said Table A as "A" (allowed) or, subject to the provisions of Article 6, such use is identified as "C" (conditional). Any use identified as "F" (forbidden) in Table A for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 47e., 7-2-2015; Text Amd. No. 461, § 2, 6-22-2023.)

The minimum Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space required for any Lot in an Industrial Development Area and the maximum allowed Floor Area Ratio and Building Height for such Lot shall be as provided in Table G of this Article.

Within Industrial Development Areas, screening and buffering requirements apply as set forth in Section 50-41.

This Section establishes Open Space Districts and Subdistricts in the Roxbury Neighborhood District as indicated on Table 3, below, of this Section, and as shown on the maps establishing the Roxbury Neighborhood District. A land trust composed of residents and representatives of community organizations and businesses may be established within the Roxbury Neighborhood District to own and manage open space which was previously in the ownership of Public Agencies. Any Lot within any Open Space District or Subdistrict is subject to the provisions of this Code applicable to such District or Subdistrict, including without limitation Article 33, Open Space Subdistricts.

1.

Air-Right Open Space (OS-A) Subdistrict. Air-Right Open Space Subdistricts shall consist of land used as Transit Corridors owned by a Public Agency. Air-Right Open Space Subdistrict regulations as established in Section 33-16 shall apply to the development of spaces over such Transit Corridors.

2.

Cemetery Open Space (OS-CM) Subdistrict. These subdistricts are designated for interment uses and are subject to provisions of Section 33-14 of the Code.

3.

Community Garden Open Space (OS-G) Subdistrict. These subdistricts consist of land appropriate for the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity and are subject to the provisions of Section 33-8 of the Code.

4.

Recreation Open Space (OS-RC) Subdistrict. Recreation Open Space Subdistricts shall consist of land appropriate for active or passive recreational uses, including walkways, physical education areas, children's play areas, swimming pools, skating rinks, and sporting areas, or a combination thereof, and are subject to the provisions of Section 33-10 of the Code.

5.

Parkland Open Space (OS-P) Subdistrict. Parkland Open Space Subdistricts shall consist of land appropriate for passive recreational uses, including walkways, picnic areas, and sitting areas; may include Vacant Public Land; and are subject to the provisions of Section 33-9 of the Code.

6.

Urban Plaza Open Space (OS-UP) Subdistrict. Urban Plaza Open Space Subdistricts shall consist of land appropriate for passive recreational uses and are subject to the provisions of Section 33-15 of the Code.

7.

Urban Wild Open Space (OS-UW) Subdistrict. Urban Wild Open Space Subdistricts shall consist of land not in the city's park system which include such features as undeveloped hills, rock outcroppings, quarries, woodlands, meadows, scenic views, inland waters, freshwater wetlands, flood plains, wildlife habitat, or any estuaries, creeks, rivers, streams, ponds, or lakes, and are subject to the provisions of Section 33-15 of the Code.

This Section establishes the following Neighborhood Design Districts as overlays to residential subdistricts within the Roxbury Neighborhood District. The Neighborhood Design Districts are established to protect the historic character of these neighborhoods, which give Roxbury its unique architectural character. While development of housing within these Neighborhood Design Districts is encouraged, new construction or rehabilitation which preserves and complements the character of the existing housing stock will enhance the historic quality of these neighborhoods. For applicability of the Design Component of Small Project Review to Proposed Projects in Neighborhood Design Districts, see Article 80. All use, dimensional, and other provisions applicable to the underlying residential subdistricts are applicable within the Neighborhood Design Districts. The Neighborhood Design Districts are located as designated on the maps establishing the Roxbury Neighborhood District.

1.

Highland Park - John Eliot Square Neighborhood Design District

2.

St. James Neighborhood Design District

3.

Moreland Street Neighborhood Design District

4.

Mt. Pleasant Neighborhood Design District

5.

Elm Hill Park Neighborhood Design District

6.

Lower Roxbury Neighborhood Design District

7.

Harriswood Crescent Neighborhood Design District

(As amended on May 9, 1996.)

This Section establishes Boulevard Planning Districts ("BPDs") as overlays to underlying subdistricts. The BPDs are an acknowledgement of the significance of major boulevards as the entryways to Roxbury's neighborhoods. As gateways to the residential areas they establish a design image and are focal points for the surrounding neighborhoods. Within the BPDs, special design review requirements and design guidelines apply as set forth in Subsection 50-38.1, Section 50-39, and Section 50-40, and screening and buffering requirements apply as set forth in Section 50-41. All use regulations, dimensional regulations, and other provisions applicable to the underlying subdistricts are applicable within the BPDs. The BPDs extend one hundred (100) feet in each direction from the center line of each of the following boulevards.

1.

Blue Hill Avenue

2.

Columbia Road

3.

Columbus Avenue

4.

Dudley Street

5.

Humboldt Avenue

6.

Massachusetts Avenue

7.

Melnea Cass Boulevard

8.

Tremont Street

9.

Seaver Street

10.

Shawmut Avenue

11.

Warren Street

12.

Washington Street

In order to ensure that growth in the Roxbury Neighborhood District is compatible with the character of the buildings and landscape and that new development is of a quality that enhances the neighborhood visually and economically and is not damaging to environmental quality, design review is required for certain Proposed Projects through Large Project Review (Urban Design Component) or Small Project Review (Design Component), pursuant to Article 80 of this Code.

1.

Applicability of Design Review. To determine whether a Proposed Project is subject to Large Project Review, see Section 80B-2 (Applicability of Large Project Review).

To determine whether a Proposed Project is subject to Small Project Review, see Section 80E-2.1 (Applicability of Small Project Review: Design Component) and this Section 50-38.1. In addition to those Proposed Projects specified in Section 80E-2.1, the following Proposed Projects are subject to the Design Component of Small Project Review pursuant to subsection (b)(iv) (Design Review Required by Underlying Zoning) of Section 80E-2.1:

(a)

Any Proposed Project to erect a new building or structure in a Neighborhood Design District;

(b)

Any exterior alteration affecting more than three hundred (300) square feet of the Street Wallfaçade above the Ground Floor Ceiling Height of a Proposed Project visible from any public street or public open space within a Neighborhood Design District or Boulevard Planning District;

(c)

Any exterior alteration changing the roof shape, cornice line, height of Street Wall, or Building Height of an existing Building within a Neighborhood Design District or Boulevard Planning District. However, those Proposed Projects within a Boulevard Planning District in which the underlying subdistrict is an Industrial Development Area shall not be subject to design review pursuant to (a) and (b) above; or

(d)

Any Proposed Project, if visible from a public street or public open space, that proposes the erection of a new building or the addition or the expansion of an existing building by more than seven hundred fifty (750) square feet or more of gross floor area. In connection with its design review of such Proposed Projects, to the extent that they are not subject to Article 80 Small or Large Project Review, the Boston Redevelopment Authority shall notify abutters, the Roxbury Neighborhood Council, the Mayor's Office of Neighborhood Services, and the relevant District City Councilor within five (5) days of receipt of all materials required for such review. A fourteen (14)-day public comment period concerning the Proposed Project shall commence upon the issuance of this notice.

(As amended on July 27, 1993, May 9, 1996, July 31, 1997, and January 9, 2008.)

This Section 50-39 establishes the following design guidelines for the Roxbury Neighborhood District; provided, however, that for any Proposed Project in an IDA, only those design guidelines numbered 1 through 10 shall be applied.

1.

Site planning, including location of buildings, open space, and vehicular access and parking areas, shall be designed to enhance the street frontage and surrounding Buildings and spaces.

2.

Vehicular access and egress to a site shall provide safe visual access for drivers and pedestrians.

3.

When possible, parking shall not be located in front of Buildings. Parking and storage areas should be located behind Buildings, and the provisions of Section 50-41 (Screening and Buffering Requirements) shall be applicable.

4.

Design features of a Proposed Project for residential or commercial uses shall take into consideration any special characteristics of the site and its location and shall enhance and reinforce any historic qualities of existing Structures.

5.

Setbacks, corner treatments, and other design details shall be used to minimize the sense of bulk of Structures, and ornamental and decorative elements appropriate to the urban context are encouraged.

6.

Roofs of buildings shall be designed to minimize the visibility of roof structures and penthouses normally built above the roof and not designed to be used for human occupancy.

7.

A clearly defined zone for Signs on the buildingfaçade should be established, defined by a change infaçade color and/or materials or by an articulation of thefaçade without change of color. In buildings with multiple stores, the sign band should be subdivided so that each section clearly relates to an individual store. Signs should be limited in accordance with Section 50-42 (Sign Regulations). Signs should be designed and located so as not to obscure architectural elements or ornamental details of the buildingfaçade. Internally lit signs should be designed so as not to create a hazard or nuisance through excessive brightness, and such signs should be constructed so that bulbs, wires, and other lighting equipment located inside the sign are not visible through the face of the sign.

8.

New or rehabilitated commercial Buildings shall be compatible with the architectural character of older commercial Buildings.

9.

Open spaces, building entrances, shop fronts, shop windows, shop entrances, terraces, gardens, arcades, and similar elements shall be designed to enhance pedestrian activity and should encourage an active street life. Blank walls, without windows or entrances facing onto pedestrian areas, shall be avoided to the extent practicable in building designs, in accordance with Section 50-40, relating to Street Wall continuity and display windows.

10.

Storefronts shall be open and welcoming to the shopper and stroller.façade treatments, building materials, and design details should be in keeping with the area's finest commercial architecture.

11.

Landscaping and screening should be used to make commercial subdistricts more attractive and to provide screening between commercial and Residential Uses. The screening and buffering requirements set forth in Section 50-41 shall be applicable.

12.

New or rehabilitated residential buildings shall reflect and complement the patterns of siting and the architectural character of the surrounding residential structures. The removal or alteration of any historic or architectural feature should be held to a minimum.

13.

Distinctive features such as the size, scale, mass, color, and building materials shall be retained, if possible, when rehabilitating residential Buildings. This should include roofs, roof profiles, existing window and door openings, steps, porches, and other features that give a neighborhood its distinguishing character.

14.

Deteriorated architectural features should be repaired rather than be replaced, wherever possible, when rehabilitating residential buildings. In the event that replacement is necessary, the new material should match the existing in composition, design, texture, and appearance. Repair or replacement of missing architectural features should be based as much as possible on accurate duplication of original features or on other Buildings of the same style and period.

15.

Contemporary design for additions to existing residential Structures shall not be discouraged, if such design is compatible with the size, material, and character of the existing Structure and surrounding neighborhood environment. Alterations to create earlier or later appearances shall be discouraged.

16.

New residential construction shall reflect the traditional location and relationship of Buildings on their sites. This includes setback from streets, spacing among Buildings, and orientation of openings to the street and neighboring Structures. In addition, the location of the Buildings shall respect significant landscape features on the site.

17.

New residential construction shall respect certain standards of scale in order to maintain the subdistrict's special qualities. Overall building height and massing, relationships of primary Buildings to secondary Buildings, and landscape elements all shall be consistent with the surrounding architecture and environment.

18.

If a security grate is to be used on a building, it should be a grille rather than a roll-up steel door. Such security grate should be mounted inside rather than outside the building, if practicable, and if it must be mounted on the outside of the building, the box or other housing for such grate should be concealed in an appropriate manner. Security grates should be integrated into the design of thefaçade.

(As amended on May 9 and August 22, 1996, and July 31, 1997.)

In the Roxbury Neighborhood District, any Proposed Projects for the erection of a Building, except a Proposed Project for a Residential Use, shall comply with the following design requirements. The provisions of Article 6A shall be applicable to the provisions of this Section 50-40.

1.

Street Wall Continuity. In a Neighborhood Business Subdistrict, the Street Wall of any Structure subject to this provision shall be built to be coextensive with the Building Line, as defined in Article 2, of the Block on which the Street Wall faces. If there is no determinable Building Line of said Block, then said Street Wall shall be built at a depth from the curb line equal to that of the Building Line farthest from the curb line of the two blocks adjacent to said Block, facing onto the same Street. If there is no determinable Building Line of either of said adjacent Blocks, then

(a)

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

(b)

otherwise, the Proposed Project shall be deemed to be subject to the Design Component of Small Project Review for the limited purpose of determining an appropriate Street Wall location. A Proposed Project shall comply with the requirements of this Subsection with respect to eachfaçade facing a public Street, but excluding alleys and private ways.

Except as otherwise provided in this Subsection 50-40, Street Walls shall be continuous across a Lot. However, design articulation involving deviations from the Street Wall Plane of two (2) feet or less shall be permitted across the Street Wall. Further, larger recesses and bays in Street Walls shall be permitted as follows. For Proposed Projects neither subject to nor electing to comply with Large Project Review or Small Project Review, recesses not exceeding fifteen (15) feet in depth, and not affecting more than fifty percent (50%) of the surface area of the Street Wall Plane shall be permitted. Further, 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 which are subject to or elect to comply with Large Project Review or Small Project Review, recesses and Bays shall be permitted if appropriate to the creation of visually interesting designs or the accommodation of a specific ground level function, provided that thefaçade remains compatible with its historical and architectural surroundings and visual continuity in the Block front is preserved, as certified by the Boston Redevelopment Authority in accordance with the Urban Design Component of Large Project Review or the Design Component of Small Project Review.

2.

Display Window Area Regulations. This Subsection shall apply in an Economic Development Area, Neighborhood Business Subdistrict, Community Facilities Subdistrict, or Boulevard Planning District to any Proposed Project for a Retail Use, Service Use, or Trade Use. For the purposes of this Subsection, the term "Display Window Area" means that area of the Street Wall of any Structure that is between Grade and the Ground Floor Ceiling Height (or the roof structure if only a one-story Structure), or fourteen (14) feet, whichever is less, and excludes any area of Street Wall serving as access to off-street loading berths or accessory off-street parking.

(a)

Display Window Area Transparency. At least sixty percent (60%) of the Display Window Area between three (3) feet above Grade and eight (8) feet above Grade of Retail Uses, Service Uses, and Trade Uses shall be glazed and transparent. Article 11 of this Code applies to any painting or signs on the Display Window Area. That portion of the Display Window Area required by this section to be transparent glazing shall not be obstructed by more than fifty percent (50%) by signs on or behind such glazing.

(b)

Display Window Area Usage. To a depth of at least two (2) feet behind the Display Window Area for a Retail Use, Service Use, or Trade Use there shall be:

(a)

an area for the display of goods and services available for purchase on the premises; or

(b)

an area for exhibits and announcements; provided, however, that no such areas shall be required in the case of a display window that provides pedestrians with a view of the Retail Uses, Service Uses, or Trade Uses, as the case may be, being conducted on the premises.

(c)

Display Window Security Grates. That portion of the Display Window Area required by Section 50-40.2(a) to be transparent glazing shall not be obstructed by a solid opaque security grate. Security grates that provide pedestrians with a view through the display window, such as grill-type security grates, may be used. Security grates should be integrated into the design of the storefront. Wherever practicable, security grates should be mounted inside the building, rather than outside, and if a security grate must be mounted on the outside of the building, the box or other housing for such grate should be concealed in an appropriate manner.

(As amended on May 9 and August 22, 1996; Text Amd. No. 461, § 2, 6-22-2023.)

In order to ensure that the commercial, industrial, and boulevard districts of the Roxbury Neighborhood District develop into attractive and appropriately landscaped areas which enhance the neighborhood and streetscape, the following screening and buffering requirements apply to a Proposed Project for the erection or extension of a Building in Neighborhood Business Subdistricts, Boulevard Planning Districts, and Industrial Development Areas, and to off-street parking facilities and lots in Residential Subdistricts. The provisions of Article 6A shall be applicable to the provisions of this Section 50-41.

1.

Where any Proposed Project for the erection or extension of a Building, except a Proposed Project for a Residential Use listed in Table B of this Article, abuts a Residential Subdistrict, Residential Use, public street, or public park, such Proposed Project shall provide and maintain along the property line(s) abutting such Residential Subdistrict a screen that consists of one of the following combinations of plant materials and fencing:

(a)

A strip at least five (5) feet wide, densely planted with shrubs and trees, and a heavy-duty vinyl-clad chain-link fence with or without redwood strips woven through it, at least six (6) feet high, but not more than eight (8) feet above finished Grade;

(b)

A strip at least five (5) feet wide, planted with trees, and a stockade or board-type wooden fence, without plywood sheeting, constructed to be at least sixty percent (60%) opaque and at least six (6) feet high, but not more than eight (8) feet above finished Grade; or

(c)

Masonry piers and/or walls in conjunction with other materials such as steel pickets may be used, at least six (6) feet high but not more than eight (8) feet above finished Grade.

2.

Off-street parking facilities and lots, off-street loading areas, and accessory storage areas located along a Front Lot Line adjacent to a Street shall be screened from view as provided below. Except as limited by Subsection 50-44.3 (Traffic Visibility Across Corner), such screening shall consist of trees and shrubs densely planted in a strip at least five (5) feet wide on the inside edge of a steel-picket or stockade or board-type wooden fence, provided that such fencing is not more than fifty percent (50%) opaque and is no less than three (3) feet and no more than four (4) feet high; except that in an IDA such screening shall consist of trees and shrubs densely planted in a strip at least three (3) feet wide on the inside edge of a steel-picket or stockade or board type wooden fence, provided that such fencing is not more than fifty percent (50%) opaque and is no less than four (4) feet high and no more than six (6) feet high. All parking lot lighting shall be designed to shine entirely on the lot. All parking lots shall be accessible to the handicapped.

3.

Shrubs required by this Section may be of deciduous or evergreen, or a mixture of both types, densely planted to provide a mature appearance within three (3) years. Trees required by this section may be deciduous or evergreen, or some combination of both types. Deciduous trees shall be minimum three- (3)-inch caliper at the time of planting and planted twenty to twenty-five (20-25) feet on center. Evergreen trees shall be minimum twelve (12) feet high and planted twelve to fifteen (12-15) feet on center. Ground cover consisting of grass or other plantings or four to six (4-6) inches of pine-bark or similar mulch shall be placed within the planting strip at the time of planting and replenished as necessary.

4.

Landscaping required by this Section shall be maintained in a healthy growing condition, free of refuse and debris. All plant materials and fencing shall be arranged and maintained so as not to obscure the vision of traffic. There shall be no parking of vehicles in areas used for screening and buffering.

5.

Disposal areas, dumpsters, and ground-mounted mechanical equipment located along a Front Lot Line adjacent to a Street shall be screened from view as provided below. Disposal areas and dumpsters shall be screened with an opaque wall or fence at least six (6) feet high. Ground-mounted mechanical equipment shall be screened with an opaque wall or fence sufficiently high to provide effective screening.

6.

Roof-mounted mechanical equipment shall be painted to blend with adjacent or nearby building materials or shall be screened by wood, brick, or similar material. In an IDA, this requirement shall apply only if such mechanical equipment is located on a Lot which abuts a Residential Subdistrict, Residential Use, public street, or public park or is located on a Lot fronting on Massachusetts Avenue or Melnea Cass Boulevard.

7.

Outside storage of any materials, supplies, or products is not permitted within any landscaped area required in this Section. In an IDA, for all Storage Uses as identified in Table A, any material or equipment stored to a height greater than four (4) feet above Grade level shall be surrounded by an opaque wall or fence not less than six (6) feet high.

(As amended on August 22, 1996.)

The provisions of this Section 50-42 apply to all Proposed Projects except to the extent that sign requirements have been established through Large Project Review or Small Project Review, pursuant to Article 80.

1.

Sign Regulations Applicable in Residential Subdistricts and in Open Space Districts and Subdistricts. In all Residential Subdistricts, and in all Open Space Districts and Subdistricts, there shall not be any Sign except as provided in Article 11 for Signs in residential districts.

2.

Sign Regulations Applicable in All Subdistricts Other Than Residential and Open Space Subdistricts. In all subdistricts other than Residential Subdistricts and Open Space Subdistricts, there shall not be any Sign except as provided in Article 11 for Signs outside residential districts and as provided in this Section 50-42. Notwithstanding any provision of Section 11-2 to the contrary, the following regulations shall apply:

(a)

Total Sign Area. The Sign Area, as defined in Article 2, in square feet of all permanent Signs on a Sign Frontage, as defined in Article 2, except for signs on windows above the first floor, freestanding signs, directional signs, and public purpose signs listed in items (g) through (k) inclusive of Section 11-1, shall not exceed the Sign Frontage multiplied by two (2);

(b)

Signs Attached at Right Angles to Building. A Sign attached at right angles to a building shall not have an area in excess of ten (10) square feet on either face; except that an additional four (4) square feet on each face is allowed for a Sign which incorporates a public service message device, such as a time and temperature indicator; and

(c)

Free-standing Signs. A free-standing Sign shall not have an area in excess of fifteen (15) square feet for each use on the Lot, and the top of such Sign shall not be higher than ten (10) feet above Grade.

(d)

Signs Parallel to Building Wall. For Signs parallel to a Building wall, including Signs painted on or affixed to awnings, canopies, marquees, security grate housings, or other Building projections, but not including Signs on windows above the first floor, free-standing Signs, directional Signs, and public purpose Signs listed in items (g) through (k) of Section 11-1, the total Sign Area, in square feet, shall not exceed the lesser of the Sign Frontage multiplied by two (2), or forty-five (45) square feet. No such Sign shall measure more than thirty (30) inches from top to bottom. No part of any such Sign shall be located less than two (2) feet from either edge of the Building wall to which such Sign is parallel, provided that, if the Sign Frontage is shorter than the length of such Building wall, no part of any such Sign shall be located less than two (2) feet from either end of that portion of such Building wall that is used to measure the Sign Frontage.

The bottom of any such Sign should be at least eight (8) feet above Grade. Where the Building wall includes a Sign band, Signs parallel to such wall should be located within such band whenever practicable.

(e)

Billboards. Any billboard, signboard, or other advertising subject to the provisions of Section 11-6, except those legally in existence as of August 22, 1996, is forbidden in the Roxbury Neighborhood District.

(f)

Display of Permit Number and Posting Date. Each permanent Sign, including any Sign painted on or affixed to an awning, canopy, or marquee, shall display the Sign's building permit number clearly but unobtrusively, in letters and numbers not exceeding one (1) inch in height. Temporary signs shall display the date of posting.

(As inserted on August 22, 1996; Text Amd. No. 461, § 2, 6-22-2023.)

For any Proposed Project subject to or electing to comply with Large Project Review, required off-street parking spaces and off-street loading facilities shall be determined through such review in accordance with the provisions of Article 80. For any other Proposed Projects, the minimum required off-street parking spaces are as set forth in Table H and the minimum required off-street loading spaces are as set forth in Table I.

1.

Uses Not Divided into Dwelling Units. For the purposes of Table H, where a use is not divided into Dwelling Units:

(a)

if sleeping rooms have accommodations for not more than two persons, each two sleeping rooms shall constitute a Dwelling Unit;

(b)

if sleeping rooms have accommodations for more than two people, each four beds shall constitute one Dwelling Unit.

2.

Outdoor Uses. For the purpose of computing required off-street parking spaces, where a main use on a Lot is an open-air use not enclosed in a Structure, the area of the part of the Lot actually devoted to such use shall constitute floor area.

3.

Pre-Code Structures. If a Structure existing on the effective date of this Article is altered or extended so as to increase its Gross Floor Area or the number of Dwelling Units, only the additional Gross Floor Area or the additional number of Dwelling Units shall be counted in computing the off-street parking facilities required; provided, however, that no additional off-street parking facilities shall be required in connection with the alteration or extension of such a Structure for use as a Group Residence Limited, Homeless Shelter, or Lodging House.

4.

Mixed Uses. If a Lot includes multiple uses, then the required number of off-street parking spaces for such Lot shall be the total of the required number of off-street parking spaces for each use, and the required number of off-street loading spaces shall be the total of the required number of off-street loading spaces for each use; provided, however, that, subject to the provisions of Sections 6-2, 6-3, and 6-4 and after public notice and hearing, the Board of Appeal may permit a reduction in the total number of required off-street parking spaces if the Board of Appeal determines that so-called "shared parking" arrangements, in which a single parking space may be counted for different uses whose peak parking use periods are not coincident, will adequately meet the parking demand associated with the Proposed Project.

5.

Location.

(a)

Except in the case of a Lot serviced by a common parking facility, the off-street parking facilities required by this Section shall be provided on the same Lot as the main use to which they are accessory; provided, however, that if the Board of Appeal shall be of the opinion that this is impractical with respect to a particular Lot, said Board, after public notice and hearing and subject to the provisions of Sections 6-2, 6-3, and 6-4, may grant permission for such facilities to be on another Lot in the same ownership in either of the following cases:

(1)

where the main use on the particular Lot is for Residential Uses and the other Lot is within four hundred (400) feet of the particular Lot; and

(2)

where the main use on the particular lot is for non-Residential Uses and the other Lot is within twelve hundred (1,200) feet of the particular Lot.

(b)

After public notice and hearing and subject to the provisions of Sections 6-2, 6-3 and 6-4, the Board of Appeal may grant permission for a common parking facility cooperatively established and operated to service two or more uses of the same or different types; provided that there is a permanent allocation of the requisite number of spaces for each use and that the total number of spaces is not less than the aggregate of the numbers required for each use, or the Board of Appeal may permit a reduction in the total number of required off-street parking spaces if the Board of Appeal determines that "shared-parking" arrangements, in which a single parking space may be counted for different uses whose peak parking use periods are not coincident, will adequately meet the parking demand associated with the Proposed Project.

(c)

Off-street parking and loading spaces shall not be located in any part of a landscaped area required by this Article or in any part of a Front Yard, except as specifically provided in this Section 50-43. If a Lot is located in a Residential Subdistrict, a total of two (2) accessory parking spaces serving residential uses on such Lot may be located in that portion of the Front Yard that lies between the side yard and the Front Lot Line, provided that the total width of such Front Yard area used for parking does not exceed ten (10) feet.

6.

Design. All off-street parking facilities provided to comply with this Article shall met the following specifications:

(a)

Such facilities shall have car spaces to the number specified by this Article, maneuvering areas, and appropriate means of vehicular access to a street, and shall be so designed as not to constitute a nuisance or a hazard or unreasonable impediment to traffic; and all lighting shall be so arranged as to shine downward and away from streets and residences.

(b)

Such facilities, whether open or enclosed in a structure, shall be so graded, surfaced, drained, and maintained as to prevent water and dust therefrom going upon any street or another Lot.

(c)

Such facilities shall not be used for automobile sales, dead storage, or repair work, dismantling, or servicing of any kind.

(d)

All car spaces shall be located entirely on the Lot. Fifty percent (50%) of the spaces may be no less than seven (7) feet in width and eighteen (18) feet in length, and the remainder shall be no less than eight and one-half (18-½) feet in width and twenty (20) feet in length, in both instances exclusive of maneuvering areas and access drives.

7.

Maintenance. All off-street parking facilities provided to comply with this Article shall be maintained exclusively for the parking of motor vehicles so long as a use requiring them exists. Such facilities shall be used in such a manner as at no time to constitute a nuisance or a hazard or unreasonable impediment to traffic.

(As amended on May 9 and August 22, 1996.)

1.

Exceptions to Minimum Lot Size Requirements. If the requirements of this Article with respect to Open Space and to Front, Rear, and Side Yards are met, the minimum Lot Area or minimum Lot Size and minimum Lot Width requirements of this Article shall not prevent the construction, reconstruction, or alteration of a single-family Dwelling, two-family Dwelling, three-family Dwelling, or four-family Dwelling on any Lot assessed as a separate parcel or in separate ownership of record (by plan or deed) at the time this Article takes effect; provided that three-fourths (3/4) of the minimum Lot Area or minimum Lot Size and minimum Lot Width requirements are met and that such use is an allowed use in the district or subdistrict. This exception shall apply regardless of whether or not a Lot meets the Lot Area or Lot Size and Lot Width requirements for a lesser number of Dwelling Units than is proposed.

2.

Conformity with Existing Building Alignment. If at any time in the same Block as a Lot required by this Article to have a minimum Front Yard there exist two or more buildings fronting on the same side of the same Street as such Lot, instead of the minimum Front Yard depth specified in this Article, the minimum Front Yard depth shall be in conformity with the Existing Building Alignment of the Block.

3.

Traffic Visibility Across Corner. Whenever a minimum Front Yard is required and the Lot is a Corner Lot, no Structure or planting interfering with traffic visibility across the corner or higher, in any event, than two and one-half (2-½) feet above the curb of the abutting Street shall be maintained within that part of the required Front Yard which is within the triangular area formed by the abutting side lines of the intersecting Streets and a line joining points on such lines thirty (30) feet distant from their point of intersection.

4.

Front Wall of Building Not Parallel to Front Lot Line. If the front wall of a Building is not parallel to the Front Lot Line, but the average distance between such wall and such Lot Line is no less than the minimum Front Yard depth otherwise required by this Article, and the distance between such wall and such Lot Line is at no point less than three-fourths (3/4) of the minimum Front Yard depth so otherwise required, the requirements of this Article shall be deemed to be met; provided that the provisions of this Subsection 50-44.4 shall not be applicable to any Proposed Project subject to Subsection 50-40.1, Street Wall Continuity.

5.

Special Provisions for Corner Lots. If a Lot abuts on more than one Street, the requirements for Front Yards shall apply along every Street Line except as otherwise provided below. The Front Yard requirements of this Code, and not the Side Yard requirements of this Article, shall apply to that part of a side Lot line which is also a Street Line, which Street Line extends more than one hundred (100) feet from the intersection of such line with another Street.

6.

Side Wall of Building Not Parallel to Side Lot Line. If the side wall of a Building is not parallel to the side Lot line nearest to it, but the average distance between such wall and such Lot line is no less than the minimum Side Yard width otherwise required by this Article, and the distance between such wall and such Lot line is at no point less, in the case of a side Lot line which is not also a Street Line, than three-fourths (3/4) of the minimum Side Yard width so otherwise required, and in the case of a side Lot line which is also a Street Line, than one-half (½) of the minimum Side Yard width so otherwise required, the requirements of this Article shall be deemed to be met.

7.

Side Yards of Certain Narrow Lots. For each full foot by which a Lot existing at the time this Article takes effect is narrower than the minimum Lot Width specified for such Lot in this Article, or, if no minimum Lot Width is so specified, the Lot is narrower than fifty (50) feet, two (2) inches shall be deducted from the width otherwise required by this Article for each Side Yard thereof; provided that in no event shall either Side Yard of any such Lot in a Two-Family Residential Subdistrict be less than eight (8) feet wide, or in a Three-Family Residential Subdistrict, Row House Residential Subdistrict, Multifamily Residential Subdistrict, or Multifamily Residential/Local Services Subdistrict be less than five (5) feet wide, or in any other subdistrict less than six (6) feet wide. No Side Yard in which there is a driveway providing access to off-street parking or to off-street loading facilities required by this Article shall be less than ten (10) feet in width.

8.

Accessory Buildings in Rear Yards. Accessory Buildings may be erected in a Rear Yard; provided that no such Building is more than fifteen (15) feet in height or nearer than four (4) feet to any side Lot line.

9.

Rear Wall of Building Not Parallel to Rear Lot Line. If the rear wall of a Building is not parallel to the Rear Lot Line and the Rear Lot Line is not also a Street Line, but the average distance between such wall and such Lot Line is no less than the minimum Rear Yard depth otherwise required by this Article, and the distance between such wall and such Lot Line is at no point less than three-fourths (3/4) of the minimum Rear Yard depth so otherwise required, the requirements of this Article shall be deemed to be met.

10.

Rear Yards of Through Lots. The Front Yard requirements of this Code, and not the Rear Yard requirements of this Article, shall apply to that part of a Rear Yard which is also a Street Line except in the case of a Rear Yard which abuts a street less than twenty (20) feet in width.

11.

Rear Yards of Certain Shallow Lots. For each full foot by which a Lot existing at the time this Article takes effect is less than one hundred (100) feet deep, six (6) inches shall be deducted from the depth otherwise required by this Article for the Rear Yard thereof; provided that in no event shall the Rear Yard of any such Lot be less than ten (10) feet deep.

12.

Underground Encroachments in Yards. In any district, any garage or other accessory Structure erected underground within any Rear Yard or Side Yard required by this Code, including the piers, railings, and parapets thereof, shall not extend more than five (5) feet above Grade level.

13.

Two or More Dwellings on Same Lot. If on one Lot there are two or more Dwellings (other than a temporary Dwelling) designed for occupancy or occupied by one or more Families, or if on one Lot there are one or more such Dwellings and one or more other Main Buildings, such Dwellings shall be separated from each other and from such other Buildings by yards of the same minimum depths as if each Dwelling were on a separate Lot. A Dwelling shall not be built to the rear of another Dwelling, Accessory Building, or Main Building. After public notice and hearing and subject to the provisions of Section 6-2, the Board of Appeal may grant permission for a variation from the requirements of this Subsection if it finds that open space for all occupants, and light and air for all rooms designed for human occupancy, will not be less than would be provided if the requirements of this Subsection were met.

14.

Two or More Buildings on One Lot. If on one Lot there are two or more Main Buildings other than Dwellings, except temporary Dwellings, the yard requirements of this Article shall apply at each actual Lot line and not as if each Building were on a separate Lot.

A Building or use existing on the effective date of this Article and not conforming to the applicable dimensional requirements specified in other provisions of this Article may nevertheless be altered or enlarged, provided that such nonconformity is not increased and that any enlargement itself conforms to such dimensional requirements.

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

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

Capitalized words and phrases in this Article have the meanings set forth in Article 2.

(Text Amd. No. 461, § 2, 6-22-2023)

The following tables are hereby made part of this Article:

Tables A—B Use Regulations

A

Nonresidential Subdistricts

B

Residential Subdistricts

Tables C—G Dimensional Regulations

C

Economic Development Areas

D

Neighborhood Business Subdistricts

E

Community Facilities Subdistricts

F

Residential Subdistricts

G

Industrial Development Areas

Tables H—I Off-Street Parking and Loading Regulations

H

Off-Street Parking

I

Off-Street Loading