The purpose of this Article is to establish the zoning regulations for a neighborhood plan for the Jamaica Plain Neighborhood District as required by the provisions of the Jamaica Plain Interim Planning Overlay District, Article 27J of this Code. The goals and objectives of this Article and the Jamaica Plain Neighborhood Plan are to provide adequate density controls that protect established residential areas and direct growth to areas where it can be accommodated; to promote mixed-income residential development; to provide for affordable and market rate housing for individuals and families; to promote a viable neighborhood economy, and provide for new economies and expansion of job opportunities; to provide for the well-planned development of institutions to enhance their public service and economic development role in the neighborhood; 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 in accordance with the Jamaica Plain Neighborhood Plan; and to promote the public safety, health, and welfare of the people of Boston.

In accordance with Section 27J-7 of this Code, which requires production of comprehensive planning policies, development controls, and design guidelines for the Jamaica Plain Neighborhood District, the Commission shall recognize the Jamaica Plain Neighborhood Plan, when adopted by the Boston Redevelopment Authority, following approval by the Jamaica Plain Neighborhood Council, as the general plan for the Jamaica Plain Neighborhood District. The Jamaica Plain Neighborhood Plan, when approved, also shall serve as the portion of the general plan for the City of Boston applicable to the Jamaica Plain Neighborhood District. This Article is an integral part of, and one of the means of implementing, the Jamaica Plain 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 Jamaica Plain Neighborhood District. The boundaries of the Jamaica Plain Neighborhood District and its subdistricts are as shown on the maps numbered 9A, 9B, and 9C entitled "Jamaica Plain Neighborhood District," replacing "Map 9 Jamaica Plain," all 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 Jamaica Plain 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 in Article 6A. Application of the provisions of Article 27J to the Jamaica Plain Neighborhood District is rescinded, and the Jamaica Plain Interim Planning Overlay District is extinguished on the effective date of this Article, except as provided below. Where conflicts exist between the provisions of this Article and the remainder of this Code, the provisions of this Article shall govern. Except where specifically indicated to the contrary in this Article, the provisions of this Article supersede Section 8-3 (Use Regulations) and Articles 13 through 24 of this Code for the Jamaica Plain Neighborhood District. A Proposed Project, however, is exempt from the provisions of this Article, and is governed by the rest of this Code, if 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 (1) no Zoning Relief is required, or (2) any required Zoning Relief has been or thereafter is granted by the Board of Appeal; provided that construction work under such building permit, or occupancy under such occupancy permit, as the case may be, is commenced within six (6) months of the date of such permit and proceeds in good faith continuously so far as is reasonably practicable under the circumstances.

(Text Amd. No. 471, § 14g., 4-3-2024)

Within the Jamaica Plain Neighborhood District, no Planned Development Area shall be permitted, except as expressly provided for in Section 55-29.

This Article has been developed with the extensive participation of the Jamaica Plain Neighborhood Council and its Zoning Committee, together with civic and neighborhood associations, business and trade groups, and residents. 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. To continue that role, the Jamaica Plain Neighborhood Council and its Zoning Committee, and the Jamaica Plain civic and neighborhood associations, business and trade groups, and residents, shall continue to play an ongoing role in advising the City on land use planning for Jamaica Plain.

This Section 55-7 establishes Residential Subdistricts within the Jamaica Plain 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 that enhances the Residential Subdistricts while preventing overdevelopment.

The following Residential Subdistricts are established:

1.

One-Family Residential ("1F") Subdistricts. The One-Family Residential ("1F") Subdistricts are established to preserve, maintain and promote low density one-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 1F Subdistrict, the maximum number of Dwelling Units allowed in a single Building is one (1).

2.

Two-Family Residential ("2F") Subdistricts. The Two-Family Residential ("2F") Subdistricts are established to preserve, maintain, and promote low density 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 is two (2), except where otherwise specified in Table A of this Article.

3.

Three-Family Residential ("3F") Subdistricts. The Three-Family Residential ("3F") Subdistricts are established to preserve low density three-family areas with a variety of housing types appropriate to the existing fabric, including one-, two-, and three-family Dwellings, 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 3F Subdistrict, the maximum number of Dwelling Units allowed in a single Building, including a Town House Building or Row House Building, is three (3), except where otherwise specified in Table A of this Article.

4.

Multifamily Residential ("MFR") Subdistricts. The Multifamily Residential ("MFR") 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.

Within the Residential Subdistricts, no land or Structure 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 Table A of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table A is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table A for the proposed location of such use is forbidden in such location.

Additional Dwelling Unit. Within the Jamaica Plain Neighborhood District, an Additional Dwelling Unit, as defined in Section 55-45, shall be subject to the Use Regulations set forth in Table A 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, § 50a., 7-2-2015For Additional Dwelling Units, see Section 53-8. (Text Amd. No. 428, § 2A., 11-9-2017; Text Amd. No. 440, § 6A., 5-8-2019.)

1.

Lot Area, Lot Width, Lot Frontage, Usable Open Space, Yard, Building Height and FAR Requirements. The minimum Lot Area, Lot Width, Lot Frontage, Usable Open Space per Dwelling Unit, Front Yard, Side Yard, and Rear Yard required for any Lot in a Residential Subdistrict, and the maximum allowed Building Height and Floor Area Ratio for such Lot, are set forth in Table E of this Article.

2.

Lot Frontage. Within the One-Family Residential ("1F") Subdistricts, Two-Family Residential ("2F") Subdistricts, and Three-Family Residential ("3F") Subdistricts, every Lot shall have a minimum frontage on a Street not less than the minimum Lot Width specified in Table E 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.

3.

Location of Main Entrance. Within the Residential Subdistricts, the main entrance of a Dwelling should face the Front Lot Line. If the main entrance does not face a Street, the building should be designed to provide visual clues, such as a porch or covered walkway, that direct one to the main entrance.

(As amended on August 22, 1996.)

This Section 55-10 establishes Conservation Protection ("CP") Subdistricts in the Jamaica Plain Neighborhood District. The Conservation Protection Subdistricts are established to promote the most desirable use of land and siting of development in areas with special natural or scenic features in accordance with a well considered plan, and to protect and enhance the natural and scenic resources of Jamaica Plain.

The following Conservation Protection Subdistricts are established:

1.

Adams Nervine Asylum Conservation Protection Subdistrict

2.

Bussey Brook Conservation Protection Subdistrict

3.

Chapman-Runyon Conservation Protection Subdistrict

4.

Daughters of St. Paul Conservation Protection Subdistrict

5.

Hellenic Hill Conservation Protection Subdistrict

6.

Lawrence Farm Conservation Protection Subdistrict

7.

Monastery of St. Clare Conservation Protection Subdistrict

8.

Nazareth/Showa Conservation Protection Subdistrict

9.

Our Lady of the Cedars of Lebanon Conservation Protection Subdistrict

10.

Parkside Conservation Protection Subdistrict

Within the Conservation Protection Subdistricts, no land or Structure 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 Table A of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table A is subject to the provisions of Article 6. 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, § 50b., 7-2-2015.)

The minimum allowed Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space for any Lot in a Conservation Protection Subdistrict, and the maximum allowed Building Height and Floor Area Ratio for such Lot, are set forth in Table F of this Article.

In order to assure that any significant new development within a Conservation Protection Subdistrict occurs in a manner that is protective of its special natural and scenic features in accordance with a plan considering the most desirable land uses for such area, requirements for Boston Redevelopment Authority review of site plans for Proposed Projects in Conservation Protection Subdistricts apply as provided in Article 80 for the Site Plan components of Large Project Review and Small Project Review, pursuant to Section 80B-2 (Applicability of Large Project Review) and Section 80E-2 (Applicability of Small Project Review), respectively.

(As amended on May 9, 1996.)

This Section 55-14 establishes Open Space ("OS") Subdistricts in the Jamaica Plain Neighborhood District. The purpose of the Open Space Subdistricts is to enhance the quality of life for Jamaica Plain's residents by protecting open space resources. Any Lot within any Open Space Subdistrict is subject to the applicable provisions of this Code, including without limitation Article 33 (Open Space Subdistricts). The Open Space Subdistricts designated in the Jamaica Plan Neighborhood District are listed in Table 1 of this Section 55-14 and are of the following types:

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. Cemetery Open Space Subdistricts are designated for interment uses and are subject to the provisions of Section 33-14.

3.

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. Such land may include Vacant Public Land. Parkland Open Space Subdistricts are subject to the provisions of Section 33-9.

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. Recreation Open Space Subdistricts are subject to the provisions of Section 33-10.

5.

Urban Wild Open Space (OS-UW) Subdistrict. Urban Wild Open Space Subdistricts shall consist of land not in the City's park system that includes such features as undeveloped hills, rock outcroppings, quarries, woodlands, meadows, scenic views, inland waters, freshwater wetlands, flood plains, wildlife habitat, or any estuary, creek, river, stream, pond, or lake, or any land under said waters. Urban Wild Open Space Subdistricts are subject to the provisions of Section 33-12.

6.

Botanical/Zoological Garden Open Space (OS-BZ) Subdistrict. Botanical/Zoological Garden Open Space Subdistricts shall consist of land appropriate for facilities open to the general public that are devoted to the conservation, study, and observation of plant and animal species. Such facilities may include botanical gardens, arboretums, horticultural conservatories, and zoological gardens. Passive recreational uses, including walkways, picnic areas, and sitting areas, also are allowed in Botanical/Zoological Garden Open Space Subdistricts.

The land designated in the Jamaica Plain Neighborhood District as the Arnold Arboretum Botanical/Zoological Garden Open Space (OS-BZ) Subdistrict is governed by the terms of certain orders of taking by the Board of Park Commissioners of the City of Boston, by certain agreements between the City of Boston and President and Fellows of Harvard College (including but not limited to certain Indentures), and by rules and regulations issued by the City of Boston Parks Commission with respect to such land. Within the Arnold Arboretum Botanical/Zoological Garden Open Space Subdistrict, no land or Structure shall be erected, used, or arranged or designed to be used, in whole or in part, except in accordance with all such takings, agreements, rules, and regulations, as they may be amended from time to time, with respect to such land or Structure, and no Structure shall be erected, used, or arranged or designed to be used, in whole or in part, except as approved by the City of Boston Parks Commission, or any successor thereto, in accordance with such takings, agreements, rules, and regulations. The Arnold Arboretum Botanical/Zoological Garden Open Space (OS-BZ) Subdistrict is not subject to the provisions of Table J (Off-Street Parking) or Table K (Off-Street Loading) of this Article 55.

(As amended on November 19, 1993.)

This Section 55-15 establishes Neighborhood Business Subdistricts within the Jamaica Plain Neighborhood District. There are two types of Neighborhood Business Subdistricts in the Jamaica Plain Neighborhood District: Local Convenience ("LC") Subdistricts, providing convenience goods and services for the immediate neighborhood and pedestrians; and Neighborhood Shopping ("NS") Subdistricts, providing convenience goods and services to the larger neighborhood. Both types of Neighborhood Business Subdistricts encourage the development of neighborhood businesses that provide essential goods and services as well as jobs and entrepreneurial opportunities for the Jamaica Plain community.

The following Neighborhood Business Subdistricts are established:

1.

Centre Street Local Convenience (LC) Subdistrict

2.

Green Street Local Convenience (LC) Subdistrict

3.

Hyde Park Avenue Local Convenience (LC) Subdistrict

4.

Hyde Square Local Convenience (LC) Subdistrict

5.

Morton Street Local Convenience (LC) Subdistrict

6.

South Street Local Convenience (LC) Subdistrict

7.

Centre Street Neighborhood Shopping (NS) Subdistrict

8.

Egleston Square Neighborhood Shopping (NS) Subdistrict

9.

Hyde Park Avenue Neighborhood Shopping (NS) Subdistrict

10.

Hyde Square Neighborhood Shopping (NS) Subdistrict

11.

Jackson Square Neighborhood Shopping (NS) Subdistrict

12.

Forest Hills Neighborhood Shopping (NS )Subdistrict

(As amended on September 22, 2004; Text Amd. No. 364, § 1, 5-19-2010.)

Within the Neighborhood Business Subdistricts, no land or Structure 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 Table B of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table B is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table B for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 50c., 7-2-2015.)

The minimum allowed Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space required for any Lot in a Neighborhood Business Subdistrict, and the maximum allowed Floor Area Ratio and Building Height for such Lot, are set forth in Table G of this Article.

This Section 55-18 establishes Local Industrial ("LI") Subdistricts within the Jamaica Plain Neighborhood District. The purpose of the Local Industrial Subdistricts is to encourage the preservation of the existing manufacturing and industrial base in a manner that is sensitive to and preserves the quality of life of the surrounding neighborhoods, and to encourage the development of new job opportunities within the Jamaica Plain Neighborhood District.

The following Local Industrial Subdistricts are established:

1.

Amory Street Local Industrial Subdistrict

2.

Germania Street Local Industrial Subdistrict

3.

Lanesville Terrace Local Industrial Subdistrict

4.

Marbury Terrace Local Industrial Subdistrict

5.

Stonely Road Local Industrial Subdistrict

6.

Washington Street Local Industrial Subdistrict

Within the Local Industrial Subdistricts, no land or Structure 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 Table C of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table C is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table C for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 50d., 7-2-2015.)

The minimum Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space required for any Lot in a Local Industrial Subdistrict, and the maximum allowed Floor Area Ratio and Building Height for such Lot, are set forth in Table H of this Article.

This Section 55-21 establishes Industrial Development Areas ("IDAs") within the Jamaica Plain Neighborhood District. IDAs are designed to encourage the expansion of the existing manufacturing and industrial base in a manner that is sensitive to and preserves the quality of life of the surrounding neighborhoods, and to encourage the development of new job opportunities within the Jamaica Plain 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 following Industrial Development Areas are established:

1.

Jackson Square Industrial Development Area

2.

Arborway Industrial Development Area

Within the Industrial Development Areas, no land or Structure 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 Table C of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table C is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table C for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 50e., 7-2-2015.)

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, are set forth in Table H of this Article.

This Section 55-24 establishes Neighborhood Institutional ("NI") Subdistricts within the Jamaica Plain Neighborhood District. The purpose of the Neighborhood Institutional Subdistricts is to identify major Institutional uses within residential neighborhoods and to provide regulations that will allow small-scale Institutional projects to proceed as of right, while requiring review of larger Institutional projects to ensure that such projects proceed in a manner that is sensitive to and preserves the quality of life of the surrounding residential neighborhoods.

The following Neighborhood Institutional Subdistricts are established:

1.

Faulkner Hospital Institutional Subdistrict

2.

Veterans Administration Hospital Institutional Subdistrict

3.

Angell Memorial Hospital Institutional Subdistrict

Within the Neighborhood Institutional Subdistricts, no land or Structure 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 Table D of this Article as "A" (allowed) or as "C" (conditional). Any use identified as conditional in Table D is subject to the provisions of Article 6. Any use identified as "F" (forbidden) in Table D for the proposed location of such use is forbidden in such location.

(Text Amd. No. 416, § 50f., 7-2-2015.)

The minimum Lot Size, Lot Width, Lot Frontage, Front Yard, Side Yard, Rear Yard, and Usable Open Space required for any Lot in a Neighborhood Institutional Subdistrict, and the maximum allowed Floor Area Ratio and Building Height for such Lot, are set forth in Table I of this Article.

This Section 55-27 establishes Greenbelt Protection Overlay Districts ("GPOD") in the Jamaica Plain Neighborhood District. The following Greenbelt Roadways and their adjacent areas between the boundary lines shown on Maps 9A, 9B, and 9C are designated Greenbelt Protection Overlay Districts.

1.

Allandale Street GPOD

2.

Arborway GPOD

3.

Centre Street GPOD

4.

Forest Hills Street GPOD

5.

Jamaicaway GPOD

6.

Morton Street GPOD

7.

Perkins Street GPOD

8.

Prince Street GPOD

9.

Sigourney Street GPOD

10.

South Street GPOD

11.

Southwest Corridor GPOD

12.

Walnut Avenue GPOD

Any Lot within a GPOD is subject to the provisions of this Article and Code applicable to the subdistrict within which it is located and to the provisions of Article 29 (Greenbelt Protection Overlay Districts).

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

This Section 55-28 establishes Neighborhood Design Overlay Districts ("NDOD") as overlays to certain subdistricts within the Jamaica Plain Neighborhood District. The Neighborhood Design Overlay Districts are established to protect the historic character, existing scale, quality of the pedestrian environment, character of the residential neighborhoods, and concentrations of historic buildings within the Neighborhood Design Overlay Districts.

For applicability of the Design Component of Small Project Review to Proposed Projects in Neighborhood Design Overlay Districts, see Article 80. All use, dimensional, and other provisions applicable to the underlying subdistricts are applicable within the Neighborhood Design Overlay Districts.

The following Neighborhood Design Overlay Districts are established:

1.

Glenvale Park Neighborhood Design Overlay District. Glenvale Park was platted in 1848 and features a significant concentration of architecturally notable Greek Revival, Italianate, and mansard residences.

2.

Green Street Neighborhood Design Overlay District. The Green Street manufacturing area is characterized by a concentration of late 19th century masonry manufacturing and hotel buildings which were built near the location of the old Jamaica Plain Depot in the Stony Brook Valley.

3.

Hyde Square Neighborhood Design Overlay District. The Hyde Square area features a number of triple decker residential buildings built in the 1890s by Roxbury and Jamaica Plain architects. Built in the Queen Anne style of architecture, these buildings are notable for their unusually high quality of design.

4.

Monument Square Neighborhood Design Overlay District. The Monument Square area is the historic center of Jamaica Plain. The area contains many significant examples of high quality residential and public architecture.

5.

Sumner Hill Neighborhood Design Overlay District. Sumner Hill has a variety of high quality architectural styles among its residential buildings. Houses in this district were built along curvilinear streets which were designed to enhance the topography of the area and create a more picturesque neighborhood form.

6.

Walnut/Sigourney Neighborhood Design Overlay District. The Walnut/ Sigourney area has a significant number of 19th century Victorian residences that were designed and built on large lots in order to take advantage of the close proximity to Franklin Park. These buildings are notable because of their high design quality.

7.

Williams Street Neighborhood Design Overlay District. Williams Street has an eclectic mix of high design quality triple deckers and Victorian residences nestled between Franklin Park and the Parkside Conservation Protection Subdistrict. These houses were designed to take advantage of the topography of the area and create a more picturesque urban form.

8.

Jamaica Hills Neighborhood Design Overlay District. Jamaica Hills is significant and sytlistically distinct from surrounding areas for the manner in which its collection of intact residential buildings and landscape elements illustrates evolving architectural styles and trends in 19th and 20th century suburban development. Jamaica Hills' well-defined boundaries are largely dictated by the area's hilly topography, as is its pattern of winding roads, which follow the contours of these hills. The area is characterized by mature trees and other well-established landscape elements, including some areas of a wooded or semi-rural character.

(As amended on May 9, 1996; Text Amd. No. 365, 9-15-2010.)

Planned Development Area ("PDAs"), as described in Section 3-1A.a, are permitted within the Conservation Protection Subdistricts and the Industrial Development Areas. PDAs are not permitted elsewhere in the Jamaica Plain Neighborhood District.

The purposes of establishing the areas specified above as ones within which a PDA may be permitted are to provide for a more flexible zoning law; to provide public benefits to the Jamaica Plain community, including the creation of new job opportunities; to allow for the diversification and expansion of Boston's and Jamaica Plain's economy through manufacturing, commercial, and scientific research and development uses; to encourage economic development in the Industrial Development Areas while ensuring public benefits and quality urban design by providing planning and design controls; to encourage economic development and commercial, manufacturing, and industrial expansion; and to protect the significant open space and significant natural features of areas in a Conservation Protection Subdistrict.

1.

Use Regulations. A Proposed Project within a PDA shall comply with the use regulations applicable to the underlying subdistrict for the location of the Proposed Project, except as those regulations are expressly modified by an approved Development Plan.

2.

Dimensional Regulations. The dimensional requirements for a Proposed Project within a PDA shall be as set forth in the applicable approved Development Plan, provided that the Building Height, Floor Area Ratio (FAR), and number of dwelling units per acre for such Proposed Project shall not exceed the limits set forth in Table 2, below:

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.

(As amended on May 9, 1996.)

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

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.)

The Boston Redevelopment Authority may approve a Development Plan for a Proposed Project 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) diversification and expansion of Boston's economy and job opportunities through economic activity, such as private investment in manufacturing, commercial uses, or research and development; or (b) creation of new job opportunities and establishment of educational facilities, career counseling, or technical assistance providing instruction or technical assistance in fields related to such jobs; or (c) improvements to the aesthetic character of the development site and its surroundings, which may include the provision of open space improvements, including open space connections to the Emerald Necklace open space system and the Southwest Corridor Park, the provision of street trees and other improvements that enhance open space, the improvement of the urban design characteristics of the site and its surroundings, and the enhancement of existing open space or the creation of new open space.

(As amended on May 9, 1996.)

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

1.

Applicability of Design Review. To ensure that growth in the Jamaica Plain Neighborhood District is compatible with the character of the buildings and urban design features of the neighborhood, 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.

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).

2.

Design Guidelines. This Section 55-36.2 establishes the following design guidelines for the Jamaica Plain Neighborhood District.

(a)

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

(b)

Vehicular access and egress to and from a site should minimize traffic impacts on the adjacent roadways and provide safe visual access for drivers and pedestrians.

(c)

Parking, storage, and disposal areas should not be located in the front of buildings, unless there are special circumstances, such as existing building locations or site conditions, that make it necessary. Wherever practicable, such areas should be located behind buildings. Parking, storage, and disposal areas should be adequately screened from public view by suitable fencing and vegetation.

(d)

New or rehabilitated residential buildings should reflect and complement the patterns of height, siting, and architectural character of the surrounding residential structures. The removal or alteration of any historic architectural feature is discouraged.

(e)

New or rehabilitated commercial buildings should reflect and complement the patterns of height, siting, and architectural character of historically distinctive commercial buildings in the surrounding area.

(f)

For industrial buildings, siting and design of new construction and rehabilitation of existing buildings should be compatible with pedestrian activity. Where the provision of windows in the Street Wall is impracticable, articulation of the Street Wall by other means is encouraged. Where a Front Yard is required between the sidewalk edge and the Street Wall, such Front Yard should include an adequate landscaped buffer.

(g)

In the rehabilitation of residential or commercial buildings, deteriorated architectural features should be repaired rather than replaced, wherever possible and appropriate. In the event that replacement is necessary, the new material should be compatible with the existing in composition, design, texture, and appearance. Repair or replacement of missing architectural features should be based, where appropriate, on accurate duplication of original features of the building to be rehabilitated or those of other buildings of the same style and period.

(h)

Contemporary design for residential structures shall not be discouraged, if such design is compatible with the size, material, and character of the surrounding neighborhood environment.

(i)

New residential construction should reflect the traditional location and relationship of buildings on their sites. This includes setbacks from streets, spacing among buildings, and orientation of façades to the street and neighboring structures. Afaçade facing a Street should not consist of blank walls without windows. In addition, the location of buildings should respect significant landscape features on the site.

(j)

New residential construction should respect the standards of scale of existing residential construction 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 should be consistent with the surrounding architecture and environment.

(k)

Open spaces, building entrances, shop fronts, shop windows, shop entrances, terraces, gardens, arcades, and similar elements should be designed to enhance pedestrian activity and should encourage an active street life. Blank walls, without windows facing onto pedestrian areas, should be avoided to the extent practicable in building design. Consistency with the established local structure should be considered in the design of cornice and roof lines and wall articulation, including the design of bays and fenestration.

(l)

Storefronts and display windows should 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. Street Wall continuity should be maintained.

(m)

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

(n)

Roofs of buildings should be designed to minimize the visibility of roof structures normally built above the roof and not designed to be used for human occupancy, such as headhouses and mechanical equipment.

(o)

A zone for signs on the buildingfaçade should be established, defined by a change infaçade color and/or materials, or by an articulation of the facade, and all permanent signs mounted on the buildingfaçade should be located within such sign band. In buildings with multiple stores, the sign band should be subdivided so that each section clearly relates to an individual store. 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.

(p)

Landscaping and screening should be used to make the business and industrial subdistricts more attractive, and to provide screening between business, industrial, and residential uses.

(q)

In addition to the foregoing, the design features of a Proposed Project should take into consideration any special characteristics of the site and its location, and should enhance and reinforce any historic qualities of existing structures.

(r)

For those Proposed Projects within the area shown on Appendix A attached hereto, inclusion of the public benefits set forth in the "South Huntington Avenue Framework for Development Review" Planning Study is strongly encouraged.

(s)

Any Proposed Project that abuts the Jamaicaway is subject to review by the Boston Parks and Recreation Commission in accordance with the City of Boston Ordinance Section 7-4.10, Restrictions on Park Frontages.

(As amended on May 9, 1996 and July 31, 1997; Text Amd. No. 419, § 1c., 3-23-2016.)

Except as otherwise expressly provided in this Article or Code, the provisions of this Section 55-37 shall apply to Proposed Projects within those subdistricts specified in this Section 55-37, except to the extent that provisions for Street Walls and display windows have been addressed through Large Project Review or Small Project Review, pursuant to Article 80. The provisions of Article 6A shall be applicable to the provisions of this Section 55-37.

1.

Street Wall Continuity in Neighborhood Business Subdistricts. This Section 55-37.1 shall apply within the Neighborhood Business Subdistricts to any Proposed Project, except a Proposed Project for a Residential Use, that includes the erection of a new structure or the extension of an existing structure, where such extension changes the location of a Street Wall.

In any Proposed Project that is subject to this Section 55-37.1, each newly constructed or relocated Street Wall shall be built to be coextensive with the Building Line of the Block on which the Street Wall faces. If there is no determinable Building Line of said Block, then such Street Wall shall be built at a depth from the Street Line equal to that of the Building Line closest to the Street Line of the two blocks adjacent to said Block, facing the same Street.

If there is no determinable Building Line of either of said adjacent blocks, then 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.

Except as otherwise provided in this Section 55-37.1, 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. Larger recesses not exceeding fifteen (15) feet in depth shall be permitted, provided that such recesses do not affect more than fifty percent (50%) of the Street Wall plane. Bay Windows may 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 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 in Neighborhood Business Subdistricts. This Section 55-37.2 shall apply in the Neighborhood Business Subdistricts to any Proposed Project for the uses specified in this Section 55-37.2. For the purposes of these Display Window Area Regulations, the term "Display Window Area" means that area of any Street Wall between Grade and (i) the Ground Floor Ceiling Height (or the roof structure of a one-story structure), or (ii) fourteen (14) feet, whichever is lower, and excludes any area of the Street Wall serving as access to off-street loading berths or accessory off-street parking.

(a)

Display Window Area Transparency. That portion of the Display Window Area required by this Section 55-37.2(a) to be transparent glazing shall not be obstructed more than thirty percent (30%) by signs on or behind such glazing.

(i)

For Retail Uses, Restaurant Uses, Service Uses, and Trade Uses, at least sixty percent (60%) of the Display Window Area shall be glazed and transparent. Sill heights for windows in the Display Window Area shall be no higher than two (2) feet above Grade, and the tops of such windows shall be no lower than eight (8) feet above Grade.

(ii)

For Office Uses and Entertainment Uses, at least fifty percent (50%) of the Display Window Area shall be glazed and transparent. Sill heights for windows in the Display Window Area shall be no higher than three (3) feet above Grade, and the tops of such windows shall be no lower than eight (8) feet above Grade.

(iii)

For Vehicular Uses involving the servicing or washing of vehicles, and for Industrial Uses, at least fifty percent (50%) of the Display Window Area shall be glazed so as to be transparent or translucent, provided that at least twenty-five percent (25%) of the Display Window Area shall be transparent. Sill heights for windows in the Display Window Area shall be no higher than three (3) feet above Grade, and the tops of such windows shall be no lower than eight (8) feet above Grade.

(b)

Display Window Area Usage. For Retail Uses, Service Uses, Office Uses, and Trade Uses, there shall be, to a depth of at least two (2) feet behind the Display Window Area: (i) an area for the display of goods and services available for purchase on the premises; or (ii) an area for exhibits and announcements; provided, however, that no such areas shall be required for a display window that provides pedestrians with a view of the Retail Use, Service Use, Office Use, or Trade Use conducted on the premises.

(c)

Display Window Security Grates. That portion of the Display Window Area required by Section 55-37.2(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, 1996.)

In order to enhance the appearance of Jamaica Plain's commercial and industrial subdistricts and to ensure that these subdistricts are appropriately separated from adjacent areas, the screening and buffering requirements of this Section 55-38 shall apply to those Proposed Projects described in this Section 55-38, except where provisions for adequate screening and buffering have been established for a Proposed Project through Large Project Review or Small Project Review, pursuant to Article 80. The provisions of Article 6A shall apply to the provisions of this Section 55-38.

1.

Screening and Buffering Along Property Lines Abutting Public Streets, Public Parks, and Certain Subdistricts and Uses. Where any Lot line of a Proposed Project located in a Neighborhood Business Subdistrict abuts (a) a public park, or (b) a Residential Subdistrict or Residential Use, and where any Lot line of a Proposed Project located in a Local Industrial Subdistrict or an Industrial Development Area abuts (a) a public street, (b) a public park, (c) a Residential Subdistrict or Residential Use, or (d) a Neighborhood Business Subdistrict, such Proposed Project shall provide and maintain, along each Lot line abutting such street, park, subdistrict, or use, a strip of shrubs and trees densely planted along the inside edge of a wall or heavy-duty fence. Trees may be planted without shrubs along the inside edge of a solid wall or of a stockade or board-type wooden fence that is constructed to be at least sixty percent (60%) opaque.

The width of the planting strip shall be appropriate for the species and quantities of plant materials necessary to provide adequate screening, but shall in no event be less than five (5) feet wide. Along a Lot line abutting a public street or public park, the height of the fence or wall shall be no less than three (3) feet and no more than four (4) feet above Grade. Along a Lot line abutting a Residential Subdistrict, Residential Use, or Neighborhood Business Subdistrict, the height of the fence or wall shall be no less than four (4) feet and no more than seven (7) feet above Grade. If the planting strip abuts a parking area, a curb six (6) inches in height shall separate the landscaped area from the parking area.

2.

Screening and Buffering of Parking, Loading, and Storage Areas. Any off-street parking facility or lot, off-street loading area, or accessory storage area that abuts (a) a public street, (b) a public park, (c) a Residential Subdistrict or Residential Use, or (d) in the case of a Lot located in a Local Industrial Subdistrict or Industrial Development Area, a Neighborhood Business Subdistrict, shall be screened from view as provided in this Section 55-38.2. 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. Such fence shall not be more than fifty percent (50%) opaque and shall be no less than three (3) feet and no more than four (4) feet high. The planting strip shall be separated from any parking area by a curb six (6) inches in height.

Any material or equipment stored outdoors to a height greater than four (4) feet above Grade shall be surrounded by a wall or fence or vegetative screen of such height, not less than six (6) feet high, as may be necessary to screen such material or equipment from view from any public street or public open space.

3.

Screening of Disposal Areas and Certain Equipment. Disposal areas, dumpsters, and ground-mounted mechanical equipment that abut (a) a public street, (b) a public park, (c) a Residential Subdistrict or Residential Use, or (d) in the case of a Lot located in a Local Industrial Subdistrict or an Industrial Development Area, a Neighborhood Business Subdistrict, shall be screened from view as provided in this Section 55-38.3. Disposal areas and dumpsters shall be screened with an opaque wall or fence at least six (6) feet high or by vegetation. Ground-mounted mechanical equipment shall be screened with an opaque wall or fence sufficiently high to provide effective screening.

4.

Roof-Mounted Mechanical Equipment. 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.

5.

Materials for Walls and Fences. Walls and fences may be made of one or more materials, such as masonry (piers or walls), iron pickets, decorative metal, wrought iron, shadow box, vinyl coated or galvanized chain link with or without redwood strips woven through it, or stockade or board-type wood. The use of chain link fencing without wooden strips is discouraged except on small areas not facing a public street or public park. The use of plywood sheeting also is discouraged. Two or more materials may be used in combination with each other, and piers and walls may be used in combination with fences.

6.

Specifications for Plantings. Shrubs required by this Section 55-38 may be deciduous or evergreen, or a mixture of both types. Shrubs must be densely planted to provide a mature appearance within three (3) years. Trees required by this Section 55-38 may be evergreen or a combination of deciduous and evergreen. Deciduous trees shall be at least three (3)-inch caliper at the time of planting (measured six (6) to twelve (12) inches above Grade) and shall be at least twelve (12) feet tall and planted fifteen to twenty (15-20) feet on center, and evergreen trees shall be at least twelve (12) feet tall 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. Existing mature trees and shrubs should be retained when possible. The use of bulbs, perennials, and annuals also is encouraged.

7.

Maintenance of Landscaped Areas. Landscaping required by this Section 55-38 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. Outside storage of any materials, supplies, or products is not permitted within any landscaped area required by this Section 55-38.

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

The provisions of this Section 55-39 shall 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, Open Space Subdistricts and Conservation Protection Subdistricts. In all Residential Subdistricts, Open Space Subdistricts and Conservation Protection 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, Open Space, and Conservation Protection Subdistricts. In all subdistricts other than Residential Subdistricts, Open Space Subdistricts, and Conservation Protection Subdistricts, there shall not be any Sign except as provided in Article 11 for Signs outside residential districts and as provided in this Section 55-39. Notwithstanding any provision of Section 11-2 to the contrary, the following regulations shall apply:

(a)

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.

(b)

Signs Attached at Right Angles to Building. A Sign attached at right angles to a Building shall not have a Sign Area in excess of four (4) square feet on either face; except that an additional four (4) square feet on each face is allowed for a Sign that incorporates a public service message device, such as a time and temperature Sign, provided such public service message device operates no less than seventy-five percent (75%) of every hour.

(c)

Free-standing Signs. Free-standing Signs shall be permitted only for Gasoline Stations and conditional for all other uses. Where such free-standing Signs are permitted, there shall be only one (1) free-standing Sign on a Lot. Such free-standing Sign shall not have a Sign Area in excess of: (i) fifteen (15) square feet, if there is one use on the Lot, or (ii) thirty (30) square feet, if there are two or more uses on the Lot. The bottom of such Sign shall not be higher than ten (10) feet above Grade nor lower than eight (8) feet above Grade, and the top of such Sign shall not be higher than eighteen (18) feet above Grade.

(d)

Billboards. Any billboard, signboard, or other advertising subject to the provisions of Section 11-6, except those legally in existence as of the effective date of this Article, is forbidden in the Jamaica Plain Neighborhood District.

(e)

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

(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 amended on May 9, 1996.)

For any Proposed Project that is subject to or has elected 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 all other Proposed Projects, the minimum required off-street parking spaces are as set forth in Table J, and the minimum required off-street loading spaces are as set forth in Table K.

1.

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 open-air use shall constitute floor area.

2.

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.

3.

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 for such Lot shall be the total of the required number of off-street loading spaces for each use.

4.

Location.

(a)

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 55-40. 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.

(b)

Except in the case of a Lot serviced by a common parking facility, the off-street parking facilities required by this Section 55-40 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 a Lot is for Residential Uses, and the other Lot is within four hundred (400) feet of that Lot; and (2) where the main use on a Lot is for non-residential uses, and the other Lot is within twelve hundred (1,200) feet of that Lot.

(c)

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 number of spaces required for each use, unless the Board of Appeal determines that a reduction in the total number of required off-street parking spaces is appropriate because shared parking arrangements, in which parking spaces are shared by different uses for which peak parking use periods are not coincident, will adequately meet the parking demand associated with the Proposed Project.

5.

Design. All off-street parking facilities provided to comply with this Article shall meet 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. Such facilities shall be Accessible to physically disabled persons. All lighting for such facilities shall be arranged so 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 from 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)

Each car space shall be located entirely on the Lot. Fifty percent (50%) of the required 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 (8-½) feet in width and twenty (20) feet in length, in both instances exclusive of maneuvering areas and access drives.

6.

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; Text Amd. No. 463, § 4, 8-16-2023.)

1.

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.

2.

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 that 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.

3.

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 Front Yard requirements of this Article shall be deemed to be met.

4.

Special Provisions for Corner Lots. If a Lot abuts more than one Street, the requirements for Front Yards shall apply along every Street Line except as otherwise provided in this Section 55-41. The Front Yard requirements of this Article, and not the Side Yard requirements, shall apply to that part of a side Lot line that is also a Street Line extending more than one hundred (100) feet from the intersection of such line with another Street.

5.

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 that 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 that is also a Street Line, than one-half (½) of the minimum Side Yard width so otherwise required, the Side Yard requirements of this Article shall be deemed to be met.

6.

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 (i) the minimum Lot Width specified for such Lot in this Article, or (ii) fifty (50) feet if no minimum Lot Width is so specified, a deduction of one and one half (1-½) inches shall be made from the width otherwise required by this Article for each Side Yard of such Lot; provided that in no event shall either Side Yard of any such Lot be less than seven (7) feet wide. No Side Yard in which there is a driveway providing access to off-street parking or off-street loading facilities required by this Article shall be less than ten (10) feet wide.

7.

Accessory Buildings in Side or Rear Yard. Accessory Buildings may be erected in a Side or Rear Yard; provided that no such Accessory Building is more than fifteen (15) feet in height, or nearer than four (4) feet to any side or rear Lot line, or closer than sixty-five (65) feet to the front Lot line.

8.

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 Rear Yard requirements of this Article shall be deemed to be met.

9.

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

10.

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 of such Lot; provided that in no event shall the Rear Yard of any such Lot be less than fifteen (15) feet deep.

11.

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

12.

Two or More Dwellings on Same Lot. Where a Dwelling (other than a temporary Dwelling) designed for occupancy or occupied by one or more families is on the same Lot as, and to the side of, another Dwelling or other Main Building, the distance between such Dwelling and such other Dwelling or Main Building shall be not less than twice the minimum Side Yard depth required by this Article for such other Dwelling or Main Building; and the requirements of this Article with respect to Lot Area, Lot Width, Lot Frontage, Usable Open Space, Front Yard, Rear Yard, and Side Yards shall apply as if such 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 Section 55-41.12 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 Section 55-41.12 were met.

13.

Two or More Buildings on One Lot. If on one Lot there are two or more Main Buildings other than Dwellings, including 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 of this Article are severable, and if any provision of this Article 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.

Editor's note— Text Amd. No. 440, § 6B., effective May 8, 2019, repealed § 55-45, which pertained to definition of Additional Dwelling Unit and derived from Text Amd. No. 428, § 2B., 11-9-2017.

The following tables are hereby made part of this Article:

Tables A—D Use Regulations

A

Residential Subdistricts

Conservation Protection Subdistricts

B

Neighborhood Business Subdistricts

C

Local Industrial Subdistricts

Industrial Development Areas

D

Neighborhood Institutional Subdistricts

Tables E—I Dimensional Regulations

E

Residential Subdistricts

F

Conservation Protection Subdistricts

G

Neighborhood Business Subdistricts

H

Local Industrial Subdistricts

Industrial Development Areas

I

Neighborhood Institutional Subdistricts

Tables J—K Parking and Loading Regulations

J

Off-Street Parking

K

Off-Street Loading