^ARTICLE 69 HYDE PARK NEIGHBORHOOD DISTRICT (^Article inserted on February 9, 2012) TABLE OF CONTENTS Page Section 69-1 Statement of Purpose, Goals, and Objectives 3 69-2 Physical Boundaries 3 69-3 Applicability 3 69-4 Prohibition of Planned Development Areas 3 69-5 Community Participation 3 69-6 Recognition of the Hyde Park Neighborhood Plan 3 REGULATIONS APPLICABLE IN RESIDENTIAL SUBDISTRICTS Section 69-7 Establishment of Residential Subdistricts 4 69-8 Use Regulations Applicable in Residential Subdistricts 4 69-9 Dimensional Regulations Applicable in Residential Subdistricts 5 REGULATIONS APPLICABLE IN NEIGHBORHOOD BUSINESS SUBDISTRICTS Section 69-10 Establishment of Neighborhood Business Subdistricts 6 69-11 Use Regulations Applicable in Neighborhood Business Subdistricts 6 69-12 Dimensional Regulations Applicable in Neighborhood Business Subdistricts 6 REGULATIONS APPLICABLE IN LOCAL INDUSTRIAL SUBDISTRICTS Section 69-13 Establishment of Local Industrial Subdistricts 7 69-14 Use Regulations Applicable in Local Industrial Subdistricts 7 69-15 Dimensional Regulations Applicable in Local Industrial Subdistricts 7 REGULATIONS APPLICABLE IN CONSERVATION PROTECTION SUBDISTRICTS Section 69-16 Establishment of Conservation Protection Subdistricts 8 69-17 Use Regulations in Conservation Protection Subdistricts 8 69-18 Dimensional Regulations in Conservation Protection Subdistricts 8 69-19 Site Plan Approval Requirement 8 As of August 1, 2012 ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 1 REGULATIONS APPLICABLE IN OPEN SPACE DISTRICTS AND SUBDISTRICTS Section 69-20 Establishment of Open Space Districts and Subdistricts 9 REGULATIONS APPLICABLE IN OVERLAY DISTRICTS Section 69-21 Recognition of Greenbelt Protection Overlay Districts 11 69-22 Establishment of Riverfront Protection Overlay Districts 11 69-23 Establishment of Neighborhood Design 11 Overlay Districts 69-24 Boston Landmarks Commission Requirements 14 REGULATIONS GOVERNING DESIGN Section 69-25 Design Review and Design Guidelines 15 69-26 Specific Design Requirements 18 69-37 Screening and Buffering Requirements 20 MISCELLANEOUS PROVISIONS Section 69-28 Sign Regulations 23 69-29 Off-Street Parking and Loading Requirements 24 69-30 Application of Dimensional Requirements 26 69-31 Nonconformity as to Dimensional Requirements 28 69-32 Regulations 28 69-33 Severability 28 69-34 Definitions 28 69-35 Tables 29 ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 2 SECTION 69-1. Statement of Purpose, Goals, and Objectives. The purpose of this Article is to establish the zoning regulations for the Hyde Park Neighborhood District. The objectives of this Article are to provide adequate density controls that protect established residential areas and direct growth to areas where it can be accommodated; to retain and develop affordable, moderate income, and market rate housing compatible with adjacent areas, particularly for families; to promote the viable neighborhood economy; to preserve, maintain and create open space; to protect the environment and improve the quality of life; to promote the most appropriate use of land; and to promote the public safety, health, and welfare of the people of Boston. SECTION 69-2. Physical Boundaries. The provisions of this Article are applicable only in the Hyde Park Neighborhood District. The boundaries of the Hyde Park Neighborhood District and its subdistricts are as shown on the map numbered 12, entitled "Hyde Park Neighborhood District" (replacing existing “Map 12 Hyde Park”), of the series of maps entitled "Zoning Districts City of Boston," as amended. SECTION 69-3. Applicability. This Article, together with the rest of this Code, constitutes the zoning regulation for the Hyde Park Neighborhood District. This Article 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 Article 6A. Where conflicts exist between the provisions of this Article and the remainder of the Code, the provisions of this Article shall govern. Except where specifically indicated in this Article, the provisions of this Article supersede Section 8-7 and Articles 13 through 24 of this Code for the Hyde Park Neighborhood District. A Proposed Project shall be exempt from the provisions of this Article, and shall be 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 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. SECTION 69-4. Prohibition of Planned Development Areas. Within the Hyde Park Neighborhood District, no Planned Development Area shall be permitted. SECTION 69-5. Community Participation. This Article has been developed with the extensive participation of the Hyde Park Neighborhood Strategic Plan Advisory Group, residents, neighborhood associations, and business groups. The role of community participation in determining appropriate land use regulations and zoning is critical to the success of any zoning article or development plan. The Boston Redevelopment Authority shall continue to involve Hyde Park residents, civic associations, and business groups in an advisory capacity for future land use and planning initiatives for Hyde Park. SECTION 69-6. Recognition of the Hyde Park Neighborhood Plan. The Zoning Commission hereby recognizes the Hyde Park Neighborhood Strategic Plan dated August 2011 as the planning basis for the design regulations and guidelines for the Hyde Park Neighborhood District. ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 3 REGULATIONS APPLICABLE IN RESIDENTIAL SUBDISTRICTS SECTION 69-7. Establishment of Residential Subdistricts. This Section 69-7 establishes Residential Subdistricts within the Hyde Park Neighborhood District. The purpose of the Residential Subdistricts is to maintain, enhance, and promote the character of the residential neighborhoods in terms of density, housing type, and design; to provide for low- and medium-density single, two, and three family and multifamily housing appropriate to the existing built environment; and to encourage appropriate development which enhances the Residential Subdistricts while preventing overdevelopment. The following Residential Subdistricts are established: 1. One-Family ("1F") Residential Subdistricts. The One-Family Residential ("1F") Subdistricts are established to preserve, maintain and promote low density one- family neighborhoods, to provide for new infill construction appropriate to the existing fabric. In a 1F Subdistrict, the maximum number of Dwelling Units Allowed in a single Building shall be one (1). 2. Two-Family Residential ("2F") Subdistricts. The Two-Family Residential ("2F") Subdistricts are established to preserve, maintain and promote two-family neighborhoods, to preserve existing structures, to provide for new infill construction appropriate to the existing fabric. In a 2F Subdistrict, the maximum number of Dwelling Units Allowed in a single Building shall be two (2). 3. Three-Family Residential (“3F”) Subdistricts. The Three-Family Residential (“3F”) Subdistricts are established to preserve the low-density three-family areas with a variety of housing types appropriate to the existing fabric, including one-, two-, and three-family Dwellings. 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). 4. Multifamily Residential ("MFR") Subdistricts. The Multifamily Residential ("MFR") Subdistricts are established to encourage low to 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. SECTION 69-8. Use Regulations Applicable in Residential Subdistricts. 1. 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 said 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. Any use not included in Table A is Forbidden in the Residential Subdistricts. 2. Basement Units: Notwithstanding any contrary provision of this Article or Code, Dwelling Units in a Basement are Forbidden in the Hyde Park Neighborhood District. ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 4 SECTION 69-9. Dimensional Regulations Applicable in Residential Subdistricts. 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 C 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 C 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 shall face the Front Lot Line. ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 5 REGULATIONS APPLICABLE IN NEIGHBORHOOD BUSINESS SUBDISTRICTS SECTION 69-10. Establishment of Neighborhood Business Subdistricts. This Section 69-10 establishes Neighborhood Business Subdistricts within the Hyde Park Neighborhood District. There are two types of Neighborhood Business Subdistricts: Local Convenience (“LC”) Subdistricts, providing convenience retail and services for the immediate neighborhood and pedestrians, and Neighborhood Shopping ("NS") Subdistricts, providing convenience goods and services to the larger neighborhood and surrounding areas. The NS Subdistricts are further subdivided into NS-1 and NS-2 Subdistricts, the latter of which allows for moderately greater FAR and promotes mixed use development. Both types of Neighborhood Business Subdistrict encourage the development of neighborhood businesses that provide essential goods and services to, as well as jobs and entrepreneurial opportunities for, the Hyde Park community. The following Neighborhood Business Subdistricts are established: 1. Hyde Park/Dana/Pine Local Convenience (LC) Subdistrict 2. Hyde Park/Collins/Metropolitan Local Convenience (LC) Subdistrict 3. Hyde Park/Thatcher/Greenwood Local Convenience (LC) Subdistrict 4. Hyde Park/Arlington Local Convenience (LC) Subdistrict 5. River/West Local Convenience (LC) Subdistrict 6. River/Oakcrest/Tileston Local Convenience (LC) Subdistrict 7. River/Reservation Local Convenience (LC) Subdistrict 8. River/Norton Local Convenience (LC) Subdistrict 9. Fairmount/Truman Local Convenience (LC) Subdistrict 10. Dana/Truman Local Convenience (LC) Subdistrict 11. Wolcott Square Local Convenience (LC) Subdistrict 12. River/Solaris Local Convenience (LC) Subdistrict 13. American Legion/Cummins Neighborhood Shopping (NS-1) Subdistrict 14. Hyde Park/Willow Neighborhood Shopping (NS-1) Subdistrict 15. Oak Lawn Neighborhood Shopping (NS-1) Subdistrict 16. Hyde Park/Factory Neighborhood Shopping (NS-1) Subdistrict 17. River/Winthrop Neighborhood Shopping (NS-1) Subdistrict 18. River/Wood Neighborhood Shopping (NS-1) Subdistrict 19. Truman/Washington Neighborhood Shopping (NS-1) Subdistrict 20. Cleary and Logan Square Neighborhood Shopping (NS-2) Subdistrict SECTION 69-11. Use Regulations Applicable in Neighborhood Business Subdistricts. 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. Any use not included in Table B is Forbidden in the Neighborhood Business Subdistricts. SECTION 69-12. Dimensional Regulations Applicable in Neighborhood Business Subdistricts. 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 E of this Article. ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 6 REGULATIONS APPLICABLE IN LOCAL INDUSTRIAL SUBDISTRICTS SECTION 69-13. Establishment of Local Industrial Subdistricts. This Section 69- 13 establishes Local Industrial ("LI") Subdistricts within the Hyde Park Neighborhood District. The LI Subdistricts are further subdivided into LI-1 and LI-2 Subdistricts, the latter of which allows for moderately greater FAR. The purpose of 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 and innovation within the manufacturing and industrial sector in the Hyde Park Neighborhood District. The following Local Industrial Subdistricts are established: 1. Hyde Park/Margin/Grantley Local Industrial (LI-1) Subdistrict 2. Providence/Collins/Westminster Local Industrial (LI-1) Subdistrict 3. Providence/Arlington/West Local Industrial (LI-1) Subdistrict 4. Meadow Road Local Industrial (LI-1) Subdistrict 5. River/Knight/Roxana Local Industrial (LI-1) Subdistrict 6. Business/Reservation Local Industrial (LI-2) Subdistrict 7. Westinghouse Plaza Local Industrial (LI-2) Subdistrict 8. Hyde Park/Reservation/Milton Local Industrial (LI-2) Subdistrict 9. Boston/Dedham Industrial Park Local Industrial (LI-2) Subdistrict 10. Industrial Drive/Readville Yard Local Industrial (LI-2) Subdistrict SECTION 69-14. Use Regulations Applicable in Local Industrial Subdistricts. 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 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. Any use not included in Table B is Forbidden in the Local Industrial Subdistricts. SECTION 69-15. Dimensional Regulations Applicable in Local Industrial Subdistricts. 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 D of this Article. ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 7 REGULATIONS APPLICABLE IN CONSERVATION PROTECTION SUBDISTRICTS SECTION 69-16. Establishment of Conservation Protection Subdistricts. This Section 69-16 establishes Conservation Protection ("CPS") Subdistricts in the Hyde Park 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 Hyde Park. The following Conservation Protection Subdistricts are established: 1. Maple Street and Walnut Street Conservation Protection (CPS) Subdistrict 2. Beechmont Terrace Conservation Protection (CPS) Subdistrict 3. Dedham Line Conservation Protection (CPS) Subdistrict 4. Manila Avenue Conservation Protection (CPS) Subdistrict 5. Monterey Hilltop Conservation Protection (CPS) Subdistrict 6. Pleasant View Conservation Protection (CPS) Subdistrict 7. Sprague Pond Waterfront Conservation Protection (CPS) Subdistrict 8. Tacoma Street and Stafford Street Conservation Protection (CPS) Subdistrict SECTION 69-17. Use Regulations Applicable in Conservation Protection Subdistricts. 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 said 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. Any use not included in Table A is Forbidden in the Conservation Protection Subdistricts. SECTION 69-18. Dimensional Regulations Applicable in Conservation Protection Subdistricts. The minimum Lot Area, 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 D of this Article. SECTION 69-19. Site Plan Approval Requirement. In order to assure that any significant new development within the Conservation Protection Subdistricts occurs in a manner that is protective of the special natural and scenic features in accordance with a plan considering the most desirable land uses for such areas, 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. ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 8 REGULATIONS APPLICABLE IN OPEN SPACE DISTRICTS AND SUBDISTRICTS SECTION 69-20. Establishment of Open Space Subdistricts. This Section 69-20 establishes Open Space ("OS") Subdistricts in the Hyde Park Neighborhood District. The purpose of the Open Space Subdistricts is to enhance the quality of life for Hyde Park'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 Hyde Park Neighborhood District are listed in Table 1 of this Section 69-20 and are of the following types: 1. Cemetery Open Space (OS-CM) Subdistricts. Cemetery Open Space Subdistricts are designated for interment uses, and are subject to provisions of Section 33-14. 2. Parkland Open Space (OS-P) Subdistricts. 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. 3. Recreation Open Space (OS-RC) Subdistricts. 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. 4. Urban Plaza Open Space (OS-UP) Subdistricts. Urban Plaza Open Space (OS- UP) Subdistricts are designated for passive recreational uses, shall be directly accessible to the public from an adjoining Street, may be furnished with benches, and other features. Urban Plaza Open Space Subdistricts are subject to the provisions of Section 33-15. 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. ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 9 TABLE 1 Open Space Subdistricts Designated in the Hyde Park Neighborhood District Designation Location/Name Cemetery Oak Lawn Cemetery Fairview Cemetery Parkland DeSantis Park Mother Brook Reservation Neponset River Reservation Neponset River at Hyde Park Avenue and Reservation Road Neponset Valley Parkway Stony Brook Reservation Truman Highway at Milton Avenue Walnut Street Recreation Amatucci Playground Camp Meigs Paul J. Colella Playground and Field Dooley Playground Doyle Playground Iacono/Readville Playground Martini Shell Park McGann Park Moynihan Playground Reservation Road Park Ross Playground Stonehill Park Stony Brook Recreation Complex John F. Thompson Memorial Park George Wright Golf Course Urban Plaza Cleary Square Shempa Square Jeremiah Hurley Memorial Park Urban Wild Blake Estate Urban Wild Dana Avenue Urban Wild I DeForest Urban Wild Dell Rock I Urban Wild Monterey Hilltop Urban Wild Mother Brook III Urban Wild Railroad Avenue Urban Wild Sherrin Woods I Urban Wild West Austin Urban Wild West Street Urban Wild ARTICLE 69 – HYDE PARK NEIGHBORHOOD DISTRICT 10