(a)

Generally. No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this section, unless exempted by this chapter or by statute. Dimensions shall meet the requirements of the table of dimensional regulations in section 34-262.

(b)

One structure per lot. Except as otherwise provided herein, not more than one principal structure may be placed on any lot.

(c)

Reduction in dimension. No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(d)

Conversion of dwellings. No new dwelling unit created by the conversion of an existing dwelling into a greater number of units or by addition or enlargement of an existing dwelling shall be permitted unless the requirements of minimum lot area for each dwelling unit, maximum ratio of floor area to lot area, usable open space and off-street parking are satisfied for all dwelling units (in existence and proposed) in the dwelling after the conversion or enlargement.

(e)

Table of dimensional requirements. See section 34-262.

(Ord. of 6-20-2005, § 4.1)

(a)

Reserved.

(b)

Airport related uses. All airport related uses as defined herein shall be subject to the dimensional requirements of the Industrial (I) District.

(c)

Waterfront (W) and Port (P) Districts. There shall be a land setback and/or easement of 15 feet from the mean higher high water line or harbor street.

(d)

Floor area ratio. Floor area ratio shall not exceed 2.0 if the lot is two acres or more or if all parking is provided in a parking structure.

(e)

Access road. An access road divided by a median strip shall be considered one access point.

(f)

LI2 district. In the LI2 district, residential use shall conform to the requirements of the R3 district.

(Ord. of 6-20-2005, § 4.2; Ord. of 11-21-2016(1); Ord. of 3-8-2021(5), § 4)

(a)

Reduction of lot area. No lot on which a building exists or is erected shall be altered and no structures shall be rearranged so as to create or increase a nonconformance with this chapter. This section shall not apply to a lot when a portion of it is taken for a public purpose.

(b)

Area of corner lots. The area of a lot located at the intersection of streets may be computed as the area enclosed by the straight line extension of the right-of-way lines of the intersecting streets abutting the lot provided that the existing lot exclusive of this area contains at least 75 percent of the required area.

(c)

Corner clearance. In order to eliminate interference with traffic visibility at the corner of any intersection, no building or structure, fence or wall, or off-street parking space may be located or vegetation other than shade trees may be maintained above a plane 2½ feet above the curb grades of the property lines of intersecting streets 20 feet back from the point at which the tangents to the said property lines intersect; provided, however, that this regulation shall not apply to the Retail Business District.

(d)

Usable open space and balconies. Required usable open space may be provided either on grade level, on balconies, on decks or on the roof of the building and shall comply with the following requirements:

(1)

Such areas shall be located at any level and shall be open to the sky (except for overhead balconies) and shall be unobstructed except for the ordinary projections of skylights, parapets and permitted signs above the bottom of such open spaces, and except for the ordinary projections of window sills, belt courses, eaves, chimneys and other ornamental features to the extent of not more than 30 inches. The 30-inch limitation does not apply to balconies;

(2)

Such areas, except for balconies, roofs or decks, shall be developed and permanently maintained in grass or other plant materials or appropriately designed for outdoor recreational use for the occupants of the lot and shall be free of automotive traffic and parking;

(3)

Service areas such as laundry yards, rubbish storage yards, and loading areas; entrance and service walkways, parking areas and driveways shall not be counted as usable open space;

(4)

At least 75 percent of the required area or at least 100 square feet per bedroom, whichever is lesser, shall have a grade of less than eight percent if the open space is provided on grade level;

(5)

When provided on grade level, the width and shape of such space shall be determined by the building inspector, and each dimension shall be at least ten feet; and

(6)

In the R3 district, open space at ground level must be visually or physically accessible from public sidewalks/streets. A minimum of 50 percent of open space must be at grade; private balconies, decks and rooftop spaces can account for a maximum of 25 percent of the required open space; common balconies, decks and rooftop spaces can be used to satisfy the remaining requirement.

(e)

Required yards in R1, and R2 and R3 districts. In the R1, R2 and R3 districts, the following regulations shall apply:

(1)

Upon application and authorization by the inspectional services department, in consultation with the planning and development department, a dwelling to be erected on a lot between two existing dwellings adjacent to the lot may seek approval to vary the front yard setback so as to be the average of the front yard setback in front of the two existing dwellings.

(2)

The aggregate width of two side yards shall not be less than 20 feet in the R1 district or 12 feet in the R2 district and no single yard shall be less than five feet in either district.

(f)

Side yards in BR and BH districts. In the Retail Business District and the Highway Business District, side yards between buildings may be omitted, provided that:

(1)

The side yard does not adjoin a residential district or building used exclusively for residential purposes;

(2)

The access of emergency equipment to the rear yard of any building is not thereby obstructed;

(3)

No off-street parking or loading area is thereby rendered inaccessible.

(g)

Gasoline service stations and automobile repair services and washing in BH district. In the Highway Business District, the following dimensional requirements shall apply:

(1)

Gasoline service stations, including routine maintenance operations, as licensed under article V of chapter 14 in accordance with the following requirements:

a.

The minimum lot area shall be at least 8,000 square feet;

b.

The minimum frontage on the principal street shall be at least 100 feet;

c.

The minimum building setback from the street right-of-way shall be 30 feet and the minimum side and rear yard shall be 20 feet. There shall be no more than two 30-foot curb cuts (access or egress points) on each abutting street. Such curb cuts shall not be located less than 50 feet from any intersection;

d.

All pump islands shall be set back at least 15 feet from the street right-of-way;

e.

No vehicles in any inoperative condition are to remain on the site for more than a two week period unless enclosed in a building;

f.

Screening shall be provided and maintained along adjoining properties in accordance with section 34-108;

g.

Areas not covered by buildings or pavement shall be maintained in grass, trees, shrubs or similar landscape material; and

h.

Hours of operation will be limited to between 7:00 a.m. and 7:00 p.m. unless otherwise permitted by the license to operate.

(2)

Automobile repair services and automotive washing and waxing establishments as licensed under article V of chapter 14, provided that:

a.

All service is performed within an enclosed structure;

b.

Such building shall be located not less than 100 feet from properties used or zoned for residential purposes;

c.

Such building shall be set back at least 50 feet from the street right-of-way;

d.

No motor vehicles in an inoperative condition are to remain on such site for more than a two week period unless enclosed in a building;

e.

Screening in accordance with section 34-108 shall be provided and maintained along all adjacent properties;

f.

All cleaning operations are wholly enclosed within a building; and

g.

Hours of operation will be limited to between 7:00 a.m. and 7:00 p.m. unless otherwise permitted by the license to operate.

(h)

Yard requirements in SC and I districts. In the Shopping Center District and Industrial District, for a lot adjoining a residential district, the adjacent yard (front, side or rear) shall be at least equal to that required in the adjoining residential district.

(i)

Projections into required yards. The following may project into required yards:

(1)

Open steps.

(2)

Terraces and porticos, but to a distance no greater than five feet into the required front yard (exclusive of the open steps).

(3)

Bay windows may project no more than two feet into any required yards so long as the individual bays are a maximum of ten feet wide, have a minimum of ten feet clear between adjacent bays, provide a minimum of ten feet of vertical clearance below if there are walkways beneath, and constitute no more than 25 percent of the overall surface of the total facade they project from.

(4)

Balconies may project no more than two feet into any required yards so long as they are a maximum of ten feet wide, have a minimum of ten feet clear between adjacent balconies, provide a minimum of ten feet of vertical clearance beneath them, and do not have solid or opaque railings.

(j)

Special height regulations.

(1)

Exceptions. The height regulations of the chapter shall not apply to the following:

a.

Erection of belfries and towers designed exclusively for ornamental purposes, flagstaffs, chimneys, flues, electric generating plants, passive solar devices, elevator shafts, water tanks, standpipes, bulkheads, headhouses for roof access, roof deck railings and mechanical equipment.

b.

Parapet walls or cornices extending not more than three feet above the height limit.

(2)

Limitation of height due to Logan Airport. Reference should be made to Federal Aviation Regulations, 14 CFR, Part 77, objects affecting navigable air space, or any amendments thereto, with regard to limitations on height of structures due to existing or planned approaches to Logan Airport. Notwithstanding any provision of this chapter, no structure shall be erected or maintained in any district to a height in excess of any limitation established by these regulations.

(k)

Lot coverage. In the industrial, port, and waterfront upland districts, a greater percent of site coverage may be permitted by special permit provided that the off-street parking and loading requirements of this chapter are met.

(l)

Floor area ratio in R2 and R3 districts. In a Residential R2 District or a Residential R3 District, the bonus floor area ratio delineated in the table of dimensional regulations in section 34-262 may apply, provided that:

(1)

At least 50 percent of the required parking is enclosed underground, and/or within the principal building, and/or in a structure not more than ten feet high.

(2)

100 square feet of the recreation space minimum required per family is provided in addition to the minimum required usable open space. Said recreation space may be provided in one or more of the following ways:

a.

Usable open space as defined in subsection (d) of this section (one square foot measured shall equal one square foot credited);

b.

Rooftop, safely railed, developed and maintained for recreational use and accessible to all tenants (one square foot measured shall equal 1.5 square feet credited);

c.

Balconies, each reserved for the exclusive use of the dwelling unit from which it is directly reached, safely railed, having no side of less than six feet and not enclosed by walls of the principal building for more than half of the perimeter (one square foot measured shall equal two square feet credited);

d.

Community or common rooms, at least one of which shall contain kitchen facilities, designed for social or recreational use by the tenants (one square foot measured shall equal three square feet credited); or

e.

Arcades under the principal building, but screened from any adjacent parking areas, for pedestrian circulation or for recreational purposes (one square foot measured shall equal two square feet credited).

(3)

In the R3 district only, the allowable floor area ratio (FAR) may be increased to 1.5 provided that the project accommodates ten percent of family housing or ten percent affordable housing. Family housing is defined as units with three or more bedrooms. Affordable housing is defined as housing targeted to families with incomes at or below 80 percent of the median area income.

(4)

In the R3 district, the bonus floor area ratio delineated in the table of dimensional regulations in section 34-262 may apply provided that at least 50 percent of the required parking is enclosed underground (see definition in this subsection), and/or within the principal building, and/or in a structure not more than ten feet high. In the R3 district, the underground parking bonus is subject to the approval of a special permit, design review and site plan review. As described in the design guidelines, all underbuilding parking should be concealed from view from the street and the elevation should not be visible in the main facade of the building. For the purposes of this subsection only, the term "underground" means the location of the entire parking facility below the finished grade of the ground abutting the structure, or the underground portion thereof, which grade is maintained naturally without any structural support. No more than two access drives, which in combination total no more than 30 feet in width, shall be permitted to be above the finished grade and still be considered to be located underground.

(m)

Floor area ratio in I district. In the Industrial (I) District, the maximum floor area ratio may be increased to 2.0, provided that:

(1)

The area of the lot is two acres or more; or

(2)

All required parking is provided underground or in a parking structure contained within the principal building.

(n)

Siting of buildings. For lots with a single frontage, permanent buildings shall be sited so that the primary building entrance and any ground-floor retail is oriented to face said frontage unless otherwise approved on a site plan. For lots with two or more frontages, permanent buildings shall be sited so any ground floor retail shall face the primary frontage, with entrances for living units or lobby entrances located on the secondary frontages. Vehicular entrances and loading shall not be located along the primary frontage of any permanent building with two or more frontages unless given site plan approval.

(o)

Indoor commercial recreation, theaters, concert halls and cinemas. Buildings and structures housing indoor commercial recreation, theaters, concert halls and cinemas shall be located not less than 25 feet from property used or zoned for residential purposes.

(Ord. of 6-20-2005, § 4.3; Ord. of 9-27-2010(01), § 2; Ord. of 6-17-2019; Ord. of 3-8-2021(5), § 5)

The building inspector may authorize the use of land for temporary structures and other uses related to the staging of development on or near the locus, with an anticipated duration of not more than six months. The zoning board of appeals may authorize by special permit, subject to proper conditions to protect the district, such structures and uses with an anticipated duration of more than six months, provided that:

(1)

No such permit shall be for more than a one-year period, subject to renewal as needed for the special purpose; and

(2)

Upon expiration of such permit, the structure shall be removed and the use cease and the land shall be restored to usable condition.

(Ord. of 6-20-2005, § 4.4)

The zoning board of appeals may vary the following otherwise applicable dimensional requirements upon the grant of a special permit:

(1)

BH, LI, I, districts. In the Highway Business (BH), Light Industrial (LI), and Industrial (I) Districts, building heights greater than that permitted in the district as listed on the table of dimensional regulations in section 34-262 may be allowed by special permit and after site plan approval, provided that such height shall not be greater than 80 feet.

(Ord. of 6-20-2005, § 4.5)

Municipal uses shall be exempt from all regulations set forth in this chapter.

(Ord. of 6-20-2005, § 4.6)