The purpose of this Article is to establish the zoning regulations for the Greater Mattapan Neighborhood District in accordance with the Greater Mattapan Neighborhood Plan and PLAN: Mattapan, as adopted by the Boston Redevelopment Authority on May 12, 2023.

The provisions of this Article are applicable only in the Greater Mattapan Neighborhood District. The boundaries of the Greater Mattapan Neighborhood District and its subdistricts are as shown on the maps numbered Maps 8A, 8B, and 8C, entitled "Greater Mattapan Neighborhood District," "Boston Zoning Code" 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 regulations for the Greater Mattapan Neighborhood District and applies 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. 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 Greater Mattapan Neighborhood District.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 471, § 14g., 4-3-2024; Text Amd. No. 474, § 1a., 5-30-2024)

This Section 60-2 establishes the following Residential Subdistricts within the Greater Mattapan Neighborhood District:

1.

Residential 1 (RI) Subdistrict. The Residential 1 Subdistrict is established to preserve existing residential structures, to provide for new infill construction appropriate to the existing fabric and density, and to allow additions and updates, including Accessory Dwelling Units (ADUs). In a Residential 1 Subdistrict, the maximum number of Dwelling Units allowed on a single lot is two (2), exclusive of any ADU; the maximum number of Dwelling Units including Accessory Dwelling Units is three (3).

2.

Residential 2 (R2) Subdistrict. The Residential 2 Subdistrict is established to preserve existing residential structures, to provide for new infill construction appropriate to the existing fabric and density, and to allow additions and updates, including Accessory Dwelling Units (ADUs). In a Residential 2 Subdistrict, the maximum number of Dwelling Units allowed on a single lot is three (3), exclusive of any ADU; the maximum number of Dwelling Units including Accessory Dwelling Units is four (4).

3.

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).

4.

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).

5.

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.

(Text Amd. No. 467, § 3, 2-7-2024)

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 Greater Mattapan Neighborhood District in 2F, 3F, and MFR Residential Subdistricts, an Additional Dwelling Unit, as defined in Article 2, 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. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1b., 5-30-2024)

Dimensional Regulations for Residential Subdistricts are Set Forth in Table D of this Article.

1.

Location of Main Entrance. Within the Residential Subdistricts, the building should be designed to provide visual clues, such as a porch walking path, lighting, or signage, that direct one to the main entrance, if the main entrance cannot face the front lot line.

(Text Amd. No. 467, § 3, 2-7-2024)

This Section 60-5 establishes Enterprise Protection ("EP") Subdistricts in the Greater Mattapan Neighborhood District. The following Enterprise Protection Subdistricts are established:

1.

Boston State Hospital Enterprise Protection Subdistrict.

(Text Amd. No. 467, § 3, 2-7-2024)

Within the Enterprise 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 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. 467, § 3, 2-7-2024)

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

(Text Amd. No. 467, § 3, 2-7-2024)

In order to assure that any significant new development within an Enterprise 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 Enterprise 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.

(Text Amd. No. 467, § 3, 2-7-2024)

This Section 60-9 establishes Open Space ("OS") Subdistricts in the Greater Mattapan Neighborhood District. Lots within Open Space Subdistricts are subject to the provisions of Article 33 (Open Space Subdistricts).

The following Open Space Subdistricts are designated in the Greater Mattapan Neighborhood District:

1.

Air-Right Open Space (OS-A) Subdistrict.

2.

Cemetery Open Space (OS-CM) Subdistrict.

3.

Parkland Open Space (OS-P) Subdistrict.

4.

Recreation Open Space (OS-RC) Subdistrict.

5.

Urban Wild Open Space (OS-UW) Subdistrict

(Text Amd. No. 467, § 3, 2-7-2024)

This Section 60-10 establishes Neighborhood Business Subdistricts within the Greater Mattapan Neighborhood District. There are two types of Neighborhood Business Subdistricts in the Greater Mattapan 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 Greater Mattapan community.

The following Neighborhood Business Subdistricts are established:

1.

Franklin Park Local Convenience (LC) Subdistrict

2.

Talbot Avenue Local Convenience (LC) Subdistrict

3.

Blue Hill Avenue Neighborhood Shopping (NS) Subdistrict

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, §§ 1c., 1i., 5-30-2024)

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. 467, § 3, 2-7-2024)

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 F of this Article.

(Text Amd. No. 467, § 3, 2-7-2024)

This Section 60-13 establishes Local Industrial ("LI") Subdistricts within the Greater Mattapan Neighborhood District. The following Local Industrial Subdistricts are established:

1.

New England Avenue Local Industrial Subdistrict

(Text Amd. No. 467, § 3, 2-7-2024)

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. 467, § 3, 2-7-2024)

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 G of this Article.

(Text Amd. No. 467, § 3, 2-7-2024)

This Section 60-16 establishes Community Facilities ("CF") Subdistricts within the Greater Mattapan Neighborhood District. The following Community Facilities Subdistricts are established:

1.

Boston Specialty Rehabilitation Community Facilities (CF) Subdistrict

2.

American Legion Highway Community Facilities (CF) Subdistrict

(Text Amd. No. 467, § 3, 2-7-2024)

Within a Community Facilities Subdistrict, 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. 467, § 3, 2-7-2024)

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

(Text Amd. No. 467, § 3, 2-7-2024)

This Section 60-19 establishes Neighborhood Institutional Subdistricts within the Greater Mattapan Neighborhood District. The following Neighborhood Institutional Subdistricts are established:

1.

Lemuel Shattuck Hospital Neighborhood Institutional Subdistrict

(Text Amd. No. 467, § 3, 2-7-2024)

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 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. 467, § 3, 2-7-2024)

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 G of this Article.

(Text Amd. No. 467, § 3, 2-7-2024)

This Section 60-22 establishes Greenbelt Protection Overlay Districts ("GPOD") in the Greater Mattapan Neighborhood District. The following Greenbelt Roadways and their adjacent areas between the boundary lines shown on Map 8D and 8E are designated Greenbelt Protection Overlay Districts.

1.

Morton Street 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).

(Text Amd. No. 467, § 3, 2-7-2024)

This section 60-23 establishes Urban Agriculture Overlay Districts ("UAOD") as overlays to underlying subdistricts within the Greater Mattapan Neighborhood District. UAODs are established to improve public health and environmental sustainability and promote economic development by supporting the local production of fresh food. UAODs shall consist of land appropriate for and limited to: a) the cultivation of plants, 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, b) composting (the accelerated biodegradation and stabilization of organic material under controlled conditions for beneficial garden use)only of materials produced on site. The cultivation of any and all edible produce shall comply with all applicable federal, state and city requirements. All use regulations, dimensional regulations, and other provisions applicable to the underlying subdistricts are applicable within UAODs.

(Text Amd. No. 467, § 3, 2-7-2024)

Within the Greater Mattapan Neighborhood District, Planned Development Area ("PDAs") as described in Section 3-1A.a are forbidden, except for within an Enterprise Protection Subdistrict where PDAs are permitted.

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 Greater Mattapan community, including the creation of new job opportunities; to allow for the diversification and expansion of Boston's and Greater Mattapan's economy through manufacturing, commercial, and scientific research and development uses; to encourage economic development 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 an Enterprise Protection Subdistrict.

(Text Amd. No. 467, § 3, 2-7-2024)

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:

TABLE 2 Greater Mattapan Neighborhood District Planned Development Areas Maximum Building Heights, Floor Area Ratios, and Number of Dwelling Units Per Acre

(Text Amd. No. 467, § 3, 2-7-2024)

Requirements for the approval of Planned Development Area Development Plans and Master Plans, and for the approval of Proposed Projects in Planned Development Areas, are set forth in Article 80 for Planned Development Area Review.

(Text Amd. No. 467, § 3, 2-7-2024)

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 consistency 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 Franklin 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.

(Text Amd. No. 467, § 3, 2-7-2024)

1.

Applicability of Design Review. Design Review is required in the Greater Mattapan Neighborhood District for a Proposed Project that is subject to Small Project Review or Large Project Review, 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 8OE-2.1 (Applicability of Small Project Review: Design Component) and this Section 60-36.1.

In addition to those Proposed Projects described in Section 80E-2.1, the following Proposed Projects are subject to the Design Component of Small Project Review, pursuant to paragraph (b)(iv) (Design Review Required by Underlying Zoning) of said Section 80E-2.1:

(a)

Certain Projects in Neighborhood Business Subdistricts. Within the Neighborhood Business Subdistricts, any Proposed Project for the erection or extension of a Building with a gross floor area of three hundred (300) or more square feet, or for an exterior alteration to change the Building massing or the size, shape, or location of door or window openings, where such exterior alteration affects three hundred (300) or more square feet of exterior wall area, if such new Building, extension, or exterior wall alteration is visible from any public street or public open space.

2.

Design Guidelines. The Design Guidelines for the Greater Mattapan Neighborhood District are set forth in the plan recognized in Section 60-1 as PLAN: Mattapan.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1l., 5-30-2024)

Except as otherwise expressly provided in this Article or Code, the provisions of this Section 60-29 shall apply to Proposed Projects within those subdistricts specified in this Section 60-29, 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 60-29.

1.

Street Wall Continuity in Neighborhood Business Subdistricts. This Section 60-29.1 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 60-29.1, 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 60-29.1, 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 the façade 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 Large Project Review or the Design Component of Small Project Review.

2.

Display Window Area Regulations in Neighborhood Business Subdistricts. This Section 60-29.2 shall apply in the Neighborhood Business Subdistricts to any Proposed Project for the uses specified in this Section 60-29.2. 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 60-29.2(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 60-29.2(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.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1m., 5-30-2024)

The screening and buffering requirements of this Section 60-30 shall apply to those Proposed Projects described in this Section 60-30, 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 60-30.

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 street, (b) a public park, or (c) a Residential Subdistrict or Residential Use, and where any Lot line of a Proposed Project located in a Local Industrial Subdistrict 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, a Neighborhood Business Subdistrict, shall be screened from view as provided in this Section 60-33.2. Screening shall consist of fencing no lower than three (3) feet and no higher than six (6) feet. Buffering shall consist of a strip of densely planted trees and shrubs no less than five (5) feet wide.

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, a Neighborhood Business Subdistrict, shall be screened from view as provided in this Section 60-33.3, except that no additional screening shall be required if the disposal area, dumpster, or ground-mounted mechanical equipment is located within a lot where screening is required along lot lines pursuant to Section 6033.1. 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 designed to minimize the visibility of roof structures and penthouses normally built above the roof and not designed to be used for human occupancy.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1n., 5-30-2024)

The provisions of this Section 60-31 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 Enterprise Protection Subdistricts. In all Residential Subdistricts, Open Space Subdistricts and Enterprise 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 Enterprise Protection Subdistricts. In all subdistricts other than Residential Subdistricts, Open Space Subdistricts, and Enterprise 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 60-31. 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.

For each Sign Frontage, no more than one (1) Sign parallel to a Building wall shall be internally lit.

(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. For each Sign Frontage, no more than one (1) Sign attached at right angles to a Building shall be internally lit.

(c)

Free-standing Signs. Free-standing Signs shall be permitted only for Gasoline Stations and forbidden 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 116, except those legally in existence as of the effective date of this Article, is forbidden in the Greater Mattapan 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.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1o., 5-30-2024)

For any Proposed Project that is subject to or has elected to comply with Large Project Review, 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 H, and the minimum required off-street loading spaces are as set forth in Table I.

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 60-32.4. 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 60-32 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. Parking facilities shall be designed by standards set forward by the Americans with Disabilities Act and the Massachusetts Architectural Access Board. 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 (8½) 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.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1p., 5-30-2024)

1.

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 (2½) 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 twenty (20) feet distant from their point of intersection.

2.

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 (¾) of the minimum Front Yard depth so otherwise required, the Front Yard requirements of this Article shall be deemed to be met.

3.

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 60-33. 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.

4.

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 (¾) 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.

5.

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 (1½) 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 five (5) 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.

6.

Accessory Buildings in Rear Yards. Accessory Buildings may be erected in a 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 Lot line. A Detached ADU may be erected in a Rear Yard provided that no such Detached ADU is more than 1½ stories in height or nearer than three (3) feet to any Lot line.

7.

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 (¾) of the minimum Rear Yard depth so otherwise required, the Rear Yard requirements of this Article shall be deemed to be met.

8.

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.

9.

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 ten (10) feet deep.

10.

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.

11.

Two or More Dwellings on Same Lot. Where a Dwelling (other than a temporary Dwelling) a Detached Accessory Dwelling Unit, or a Non-Detached Accessory Dwelling Unit 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 60-33.11 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 60-33.11 were met.

12.

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. Detached Accessory Dwelling Units and Non-Detached Accessory Dwelling Units are excluded from this provision.

13.

Side Yards, Cumulative: The Side Yards of lots in certain subdistricts, where specified, may have minimum Side Yard dimensions that add up to one cumulative minimum dimension. The combined width of such Side Yards shall be at least 14 feet, but in no event shall a single Side Yard setback be less than 3 feet.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, §§ 1d., 1q., 5-30-2024)

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.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1r., 5-30-2024)

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

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1s., 5-30-2024)

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.

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1t., 5-30-2024)

The following tables are hereby made part of this Article:

Tables A—C Use Regulations

A Residential Subdistricts

B Neighborhood Business Subdistricts

C Enterprise Protection Subdistricts

Local Industrial Subdistricts

Neighborhood Institutional Subdistricts

Community Facilities Subdistricts

Tables D—G Dimensional Regulations

D Residential Subdistricts

E Enterprise Protection Subdistricts

F Neighborhood Business Subdistricts

G Local Industrial Subdistricts

Neighborhood Institutional Subdistricts

Community Facilities Subdistricts

Tables H—I Parking and Loading Regulations

H Off-Street Parking

I Off-Street Loading

(Text Amd. No. 467, § 3, 2-7-2024; Text Amd. No. 474, § 1u., 5-30-2024)