Article III Establishment of Districts

As defined by MGL c. 19D, Section 1, an assisted living residence is any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:

Provides room and board; and

Provides, directly by employees of the entity or through, arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adults who are not related by consanguinity or affinity to their care provider; and

Collects payments or third party reimbursements from or on behalf of residents to pay for the provisions of assistance with the activities of daily living or arranges for the same.

All assisted living residences allowed under this section are required to be certified by the Executive Office of Elder Affairs.

(c)

Assistance with activities of daily living. Physical support, aid or assistance with bathing/bathroom use, dressing, grooming, ambulation, eating, self-administered medication management or other similar tasks.

(d)

"Ancillary services" shall mean services and facilities including, but not limited to, the following: meeting rooms; laundry rooms; exercise rooms and recreational areas; libraries; restaurants; offices; health practitioner services for diagnosis and outpatient services for residents only; self-administered medication management; meals; common or private dining facilities; physical therapy facilities; social activities; barber/beauty services; transportation for medical and recreational purposes; assistance with activities of daily living and such other common areas or additional services for residents as may be desirable, including, but not limited to, snack bars, gift shops, banking and financial services.

(e)

"Personal care services" shall mean staffing, facilities and programs which are provided to residents and residential partners of assisted living residences in the areas of health counseling, instruction, examination, diagnosis, hygiene, nutrition and physical fitness.

(f)

"Resident" shall mean an individual as provided for in MGL c. 19D, Section 1.

(g)

"Dwelling unit" shall mean a portion of an assisted living residence designed for and occupied by one or two individuals as the private living quarters of such individuals.

Additional conditions.

(h)

Ancillary services shall be made available for use and convenience of the residents, guests and staff only of an elderly assisted living unit residence.

(i)

Ancillary services located within an assisted living structure shall have no exterior advertising display.

(j)

Ancillary services are conducted within and may be entered only from within the principal building.

3.218B.

Cat shelter: A facility operated by a charitable nonprofit organization and used for the temporary confinement and care of cats, for the purpose of protecting cats from cruelty, neglect, abandonment or abuse. Should the operator lose their nonprofit status with the IRS, the operator shall be considered noncompliant. There shall be no commercial boarding of cats. No services shall be performed at the shelter that would require a licensed veterinarian. The shelter will only be allowed when there is a demonstrated need for service.

[Added 10-16-2013 by Ord. No. 32037]

3.219.

Public service corporations: The use of public or private land and structures for the location of sewer, water, electric, gas, television or radio or similar facilities used to provide services to the City.

3.220.

Membership clubs: Private clubs, sororities, fraternity houses and lodges, provided that the principal activity carried on shall not be conducted for profit.

3.220A.

Nonprofit sports/recreational clubs with grounds for games and sports: Nonprofit clubs or organizations which have as their main purpose the promotion of any outdoor athletic, sport or recreational activity, provided that the lot on which the organization is located shall contain outdoor playing fields or areas open to the general public for the conduct of such athletic, sport or recreational activity.

3.221.

Garage, public: Any building for housing of motor vehicles other than a private garage, as defined by Section 3.212.

COMMERCIAL

3.222.

Retail stores: Stands and structures where the principal use of the premises is limited to the conduct of retail business and to the dispensing of retail services, including car dealerships but not retail gasoline stations. Such stands and structures shall include but not be limited to barbershops, beauty shops and hairdressing shops, drugstores, florist shops, food stores, furniture stores, home appliance stores for retail sale of new merchandise only (and excluding stores for the sale of secondhand merchandise), hand laundries, newsstands, photographic studios, shoe repair shops, tailor shops, upholstery shops, variety stores, gift shops and antique shops. Medical marijuana facilities as identified in Article XI hereof, and marijuana establishments as identified in Article XII hereof shall be required to obtain special permits for such uses as would otherwise qualify them as "retail stores."

[Amended 4-22-2019 by Ord. No. 34437]

3.222A.

Body art establishment: as defined in Section 2.347, shall be permitted as of right in the zoning districts defined in Section 3.4, subject, however, to the following requirements:

[Amended 12-26-2023 by Ord. No. 36132]

Body art establishments shall not be considered a customary home occupation as defined by Section 6.11 of this Zoning Ordinance; and further, shall not be allowed in any residential unit in any district.

Body art establishments shall not be located in any establishment where liquor is sold or consumed or as an accessory use to any other use permitted in this Zoning Ordinance.

Body art establishments shall in no case operate between the hours of 10:00 p.m. and 10:00 a.m.

Body art establishments shall not be operated without a valid permit from the Board of Health.

3.222B.

Smoke shop: A business establishment that sells tobacco products or smoking devices, as defined in Subsections 2.351 and 2.352, whether the sale of such products is the primary business or accessory to another use. Smoke shops shall in no case operate between the hours of 10:00 p.m. and 10:00 a.m.

[Added 5-28-2019 by Ord. No. 34472]

3.223.

Laundromats: Establishments for the cleaning of clothing, including laundromats, automatic laundries (excluding car washes), cleaning and dyeing pickup stations, dry cleaning and pressing establishments, and such establishments are subject to requirements that the hours of business shall be restricted to the period between 7:00 a.m. and 11:00 p.m.

3.224.

Business and professional offices and banks: Buildings where offices are used for a general range of business services, including banking, but specifically excluding drive-in banking facilities, manufacturing and manufacturing related activities.

3.224A.

Organ procurement organization. An organ procurement organization is a federally designated organization established for the purpose of the coordination of organ donations, which may include the recovery of human organs and tissue for transplantation. The prohibition of philanthropic organizations, as defined in Section 3.610 and set forth in Section 3.4, Table of Uses, shall not apply to an organ procurement organization.

3.225.

Drive-in customer services: Business establishments that are designed to allow customers to access sales or services without leaving their motor vehicles, including but not limited to automated banking facilities, drive-up dry cleaning services, drive-up food service windows or similar customer services. Further, for the purposes of this chapter, restaurants whose primary function is the provision of food for consumption off the premises shall be considered a drive-in customer service. No marijuana establishment as defined by Article XII hereof and/or G.L.M. Chapter 94G shall have a drive-in customer service component.

[Amended 4-22-2019 by Ord. No. 34437]

3.226.

Arcades: The business premises, open to the public, where more than five mechanical or electronic amusement devices, as defined in Subsection 1 of Sec. 8-17 of Chapter 8, Art. II, of the General Ordinances, are located. Where the business premises are used for business purposes other than the operation of mechanical or electronic amusement devices, then "arcade" shall mean that portion of the premises where the devices are located.

3.226A.

Commercial recreational facilities, indoor: Business premises, open to the public, which are used for indoor recreational purposes, including bowling alleys, tennis courts, skating rinks, soccer, basketball, racquetball, swimming, gymnastics, gymnasiums, health/exercise clubs. For purposes of this section, a facility shall be considered an indoor recreational facility if the recreational use is within a structure which has a roof. Arcades, as defined in Section 3.226, are hereby excluded from this section.

3.226B.

Commercial recreational facilities, outdoor: Business premises, open to the public, which are used for outdoor recreational purposes, including tennis courts, skating rinks, baseball fields, soccer fields, basketball courts, swimming pools, hiking, walking trails, horseback riding, cross-country skiing, bicycling, roller-skating, roller-blading, archery and recreational day camps for children.

3.226C.

Commercial conservation/nature facilities: Business premises, open to the public, which are used for activities relating to conservation of natural resources, including butterfly atria, zoological parks, nature trails, botanical gardens and petting zoos.

3.226D.

Animal shelter: A public animal control facility or any other facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect, or abuse.

3.226E.

Kennel: One pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over owned or kept by a person on a single premises irrespective of the purpose for which they are maintained or the length of time which they are kept on the premises.

3.226F.

Small athletic and fitness facilities, indoor: Business premises, open to the public, which are used for indoor exercise and fitness purposes, including yoga studios, gymnastics studios, gymnasiums, and health/exercise/fitness clubs, where the gross floor area of the facility is 5,000 square feet or less. Arcades, as defined in Section 3.226, are hereby excluded from this section.

[Added 3-27-2017 by Ord. No. 33702[1]]

Editor's Note: This local law was vetoed by the Mayor 4-6-2017 but overridden by the City Council 5-8-2017.

3.226G.

Electronic game center: An establishment whose primary business is the sale of new and/or used electronic video games and/or equipment, but which also includes an area open to the public where more than five, but not more than 35 mechanical or electronic amusement devices, as defined Sec. 8-17(a) of Chapter 8, Art. II, of the General Ordinances, are located, and provided that said area shall comprise no more than 40% of the gross floor area of the premises. Notwithstanding the provisions of Sections 3.226, an electronic game center shall be considered a separate and distinct use under the Zoning Ordinance and shall be an allowed use as provided for in Section 3.4 Table of Uses, but shall remain subject to the licensing requirements of Chapter 8, Art. II, of the General Ordinances.

[Added 9-10-2018 by Ord. No. 34192]

3.227.

Retail gasoline stations: Structures used for the retail sale of gasoline, oil and greasing stations, the sale and installation of tires and other automobile accessories, public garages for storage and minor repair to motor vehicles, but excluding car washes and places of business which engage in tin knocking, autobody work, autobody spraying and painting, and subject to the provisions of Section 3.88. Retail gasoline stations that include a convenience food store may be allowed but shall require a special permit from the City Council; provided that no such special permit shall be issued if such convenience food store will have a public floor area in excess of 1,000 square feet. If a retail gasoline station contains a preexisting nonconforming convenience food store, the owner of said convenience food store may, by special permit, seek an increase in the public floor area thereof; provided, however, that no special permit shall be granted that would result in the total public floor area of said convenience food store (existing convenience food store public floor area and proposed additional convenience food store public floor area) exceeding 1,000 square feet. A convenience food store in a retail gasoline station shall be considered a separate retail business and parking spaces for said retail business shall be provided in accordance with Section 5.2 of this chapter, "stores/shops (retail businesses)."

[Amended 5-26-2020 by Ord. No. 34823]

3.228.

Restaurants: Eating places, including membership clubs and establishments, which may be licensed to serve alcoholic beverages and whose primary method of serving food is at tables, booths or counters serviced by waiters and waitresses and whose primary business is the sale and preparation of food to be consumed on the premises. Catering establishments whose primary activity is wholesale preparation of food to be consumed off the premises shall not be considered restaurants. No wholesale sale, storage and/or warehousing of marijuana and/or marijuana products, as defined in Article XII and/or G.L.M. Chapter 94G shall be authorized without a special permit issued pursuant to Article XII hereof.

[Amended 4-22-2019 by Ord. No. 34437]

3.228A.

Micro-Brewery Restaurants: Eating places which are licensed by the United States Department of Alcohol, Tobacco and Firearms and the Commonwealth of Massachusetts, under the pub brewery license statute (MGL c. 138, § 19D), to produce and sell beer and/or ale at the location and whose primary method of serving food is at tables, booths or counters serviced by waiters and waitresses, and which maintains the availability of dinner entrees on its menu from the time it opens each day until at least two and one-half hours prior to its closing time and which maintains the availability of other food at all hours when it is open for business to the retail dining public; and whose primary business is the sale and preparation of food to be consumed on the premises, but which also produces beer and/or ale on the premises which may be sold wholesale to other establishments, but not more than 20% of the production capacity ("Production capacity" shall be defined as the total amount of beer and ale which can be produced with the brewing equipment running 24 hours a day, 365 days a year.), and which are not within 500 feet of a public or private school property serving any grades Kindergarten through grade 12.

[Amended 3-14-2016 by Ord. No. 33408]

3.228B.

Tea Room/Tea Shop: An establishment where the primary business is the retail sale of bulk tea, packaged tea, and tea related-products; but where brewed tea and certain food items customarily incidental to a tea room (i.e., scones, tea sandwiches) may be served on the premises, provided that it must be served at tables by waiters or waitresses; provided further that no beverages other than tea, juice, or milk shall be served or sold on the premises; and provided further that no more than 45% of the gross floor area of the premises shall be devoted to food preparation or food service, including dining area. Notwithstanding the provisions of Sections 3.228, 3.229 and 3.620, a Tea Room/Tea Shop shall be considered a separate and distinct use, and shall be an allowed use as provided for in Section 3.4. Table of Uses.

3.228C.

Retail bakery: An establishment that primarily bakes food products such as cakes, breads, cookies, pies, pastries, and similar goods, but not limited to traditional bakery products, primarily intended for off-site consumption. Notwithstanding the provisions of Sections 3.228, 3.229 and 3.620, a retail bakery shall be considered a separate and distinct use and shall be an allowed use as provided for in Section 3.4 Table of Uses.

[Added 12-9-2013 by Ord. No. 32080]

3.228D.

Delicatessen: An establishment where the principal use of the premises is the sale by weight of fresh meat, prepared meats (e.g., cold cuts, smoked meats), fish, cheeses, and other delicacies. A delicatessen may also sell sandwiches, soups, salads, desserts and beverages prepared and/or packaged for immediate consumption on the premises or elsewhere, provided that such activity is clearly accessory and incidental to the principal use and does not constitute the primary business of the establishment. Notwithstanding the provisions of Sections 3.228, 3.229 and 3.620, a delicatessen shall be considered a separate and distinct use and shall be an allowed use as provided for in Section 3.4, Table of Uses.

[Added 1-13-2014 by Ord. No. 32097]

3.228E.

Cafe: An establishment, except for those that are licensed to serve alcoholic beverages, that primarily serves coffee, tea and/or other nonalcoholic beverages, but also serves food, and that satisfies all of the following criteria: 1) provides table and/or counter seating for at least 25 patrons; 2) prepares food on premises from fresh ingredients upon customer order, generally for consumption on the premises; 3) provides nondisposable plates, cups, and utensils for food and beverages consumed on the premises; and 4) where food to be consumed on the premises is served at tables and/or counters by wait staff. A cafe may provide carryout service but shall not include establishments that 1) primarily sell prepackaged or ready-made food prepared prior to customer order for off-site consumption; 2) have a drive-up food service window; or 3) are housed in a standalone building. A cafe may include entertainment. Notwithstanding the provisions of Secs. 3.228, 3.229 and 3.620, a cafe shall be considered a separate and distinct use, and shall be an allowed use as provided for in Sec. 3.4, Table of Uses.

[Added 2-24-2020 by Ord. No. 34743]

3.229.

Fast-food establishment: Any establishment, except for those that are licensed to serve alcoholic beverages, where that portion of floor space designated to be used for activities related to food preparation exceeds 25% of the total floor area of that story level of the establishment used for such food preparation; or in which the total table seating provided is less than 50 seats; or that includes drive-in customer service facilities; or where the primary business of the establishment is the sale of food or drink prepared in advance of the customer's order or the preparation of quick order food upon direct instructions to personnel at a counter rather than at individual tables and which food is packaged or presented in such a manner that it can be readily consumed within the structure, upon the associated grounds, in a motor vehicle or elsewhere. For the purposes of this chapter, activities related to food preparation shall include but shall not be limited to any space used for the storage of food, for the operation of a salad bar or for serving food to customers. Retail bakeries, as defined by Section 3.228C, and delicatessens, as defined by Section 3.228D, regardless of whether or not table seating is provided, shall not be considered a fast-food establishment.

[Amended 1-13-2014 by Ord. No. 32098]

3.230.

Taverns: Establishments for the dispensing of alcoholic beverages such as bars, cocktail lounges and similar establishments which are licensed to dispense alcoholic beverages.

3.231.

Catering establishments: Establishments whose primary activity is wholesale preparation of food to be consumed off the premises.

3.232.

Funeral homes and undertakers' establishments: A place of business for burial or for conducting funerals or cremations or a place where all of these functions are carried on.

3.233.

Private schools: Use of land or buildings to provide instruction in a skill or a trade such as computer operations, ceramics, engine or electronics repair, driving schools and training facilities of all types.

3.234.

Radio and television broadcasting studios: Establishments and facilities for the production and transmission of radio and television signals over the public air waves, including all cable television transmission facilities and associated satellite dish antennae.

3.235.

Indoor theaters: Establishments that provide entertainments for the general public with or without an associated fee, and may be further subject to any additional licensing regulations.

3.236.

Newspaper publishing, printing and job printing: Establishments for the assembly, printing and distribution of newspapers and similar written materials and establishments designed for commercial printing services.

3.237.

Car wash: an establishment where motor vehicles are washed by mechanical or manual means; also see Section 3.225.

3.238.

Wholesale sale, storage and warehousing: Establishments for the sale of goods at wholesale, including the wholesale storage or warehousing of food, fodder, fuel and building materials.

3.239.

Off-street parking (See Article V.): Areas, whether publicly or privately owned, used for the parking of automobiles off the public right-of-way.

3.240.

Used car lot: A lot of land or a portion thereof, together with associated buildings, that is used primarily for the sale of used cars.

3.241.

Accessory uses-commercial: Accessory uses customarily incidental to commercial uses allowed by this chapter, including but not limited to day care, cafeteria and health club facilities for employees only, and further including satellite dish antennas and similar transmission devices used for private business purposes of businesses located on the lot.

INDUSTRIAL

3.242.

Accessory off-street parking: Off-street parking areas, open or enclosed, that are shielded from view from abutting streets, tracts or lots by appropriate landscaping and separated from the main building by a planting strip of not less than 50 feet.

3.2421.

Adult entertainment enterprises: as defined in Section 2.303A(1),(2), (3) and (4), subject to the following findings and conditions and to such additional terms and conditions as the special permit granting authority may impose in granting the special permit.

No merchandise or services prohibited as obscene and indecent shall be disseminated or available therein.

No pictures, publications, videotapes, movies, covers or other implements, items or advertising that fall within the definition of adult entertainment enterprise merchandise or are erotic, prurient or related to violence, sadism or sexual exploitation shall be displayed in store windows or visible from areas used by the general public.

The permitted uses specifically exclude disseminating or offering to disseminate adult matter to minors, and suffering minors to view the display or linger in the store shall be deemed evidence of violation of this section.

No adult entertainment enterprise shall be located within the same block or within 500 feet of a residential zone, conservation-recreation zone, dwelling unit, school, place of worship, church, park, playground, youth center or another adult entertainment enterprise.

(5)

Parking requirements for adult entertainment enterprises shall comply with Article V of this chapter.

(6)

Dimensional requirements for adult entertainment enterprises shall comply with Article IV of this chapter.

3.243.

Railroad and transit stations: Use of land and structures for railroad or other rail transit stations or motor bus transportation stations for the purpose of handling passengers and the rights-of-way incident thereto, but not including railroad yards, shops, sheds and freight terminals.

3.244.

Windmill. A structure which serves as a supplemental electrical generation source, provided that no such windmill shall be closer to any lot line than the combined height of the tower to the hub and a blade extended vertically.

3.245.

Gas works, electric lighting and power stations: Establishments for the generation of power for public or private consumption purposes that are further regulated by Massachusetts General Laws.

3.246.

Fuel oil and gas storage: Facilities for the storage of natural gas under pressure, gasoline, fuel oil and other petroleum products.

3.247.

Heavy trucking and equipment storage: Buildings or land used for the storage of heavy trucks, heavy contracting equipment and earthmoving equipment. "Storage" shall mean the keeping of such vehicles or equipment or portions or parts thereof, remaining unutilized or stationary, in open lots or in uncovered or unenclosed areas between the hours of 10:00 p.m. and 6:00 a.m. or any portion thereof. "Heavy contracting equipment and earthmoving equipment" shall mean equipment or vehicles with a curb weight in excess of three tons which can be used in the construction or reconstruction of streets and sidewalks or in excavation work or in similar activities. A "heavy truck," for the purposes of this chapter, shall mean any truck with a cab weight in excess of five tons, whether or not such truck is used in construction work.

3.248.

Open storage: Storage or display of merchandise or goods, new or used, whether for sale at retail or wholesale, whether crated, uncrated or in cartons, within 10 feet of the street line; storage or display of used merchandise or goods or of cartons or crates, whether full or empty, between the line of the front of the building and the street line; storage or display of used merchandise or goods or of cartons or crates, whether full or empty, unless all such items are screened from view from public or private ways and from adjacent residentially zoned properties whenever stored out of doors; storage out of doors of merchandise or goods, whether new or used, after normal business hours unless stored in an enclosed area. This subsection shall not apply to the storage or display of motor vehicles in connection with the operation of a duly licensed motor vehicle business. No open storage of marijuana or marijuana products shall be permitted. This prohibition, however, shall not operate to prevent the cultivation of marijuana or its storage in compliance with all applicable state statutes and regulations, subject, however, to the further requirement that such activity complies with all state statutes and regulations applicable thereto and that a special permit therefor is obtained pursuant to the provisions of Articles XI and/or XII, whichever is applicable.

[Amended 4-22-2019 by Ord. No. 34437]

3.249.

Truck or private bus terminals: An area of land, with or without structures, where three or more buses, trucks, trailers or tractor-trailers, or any combination thereof, are parked or otherwise used in connection with the mass transportation of persons or with the receiving, shipping, transferring or other handling of items, objects or materials of any kind, packaged or unpackaged. No area of land shall be used as a private bus terminal or a truck terminal, or any combination thereof, unless the area has been graded, paved and drained with on-premises catch basins or appropriate dry wells or connection to the street drainage system. For the purposes of this section, the term "bus" shall include a van which has seats for eight or more passengers and is used for the transportation of persons for profit.

3.250.

Light manufacturing: The assembly or packaging of product(s) that do not require any smelting or chemical reduction processes, have a decibel level of 55 or below 50 feet from any portion of any structure on the premises and are nonnuisance in character. It shall include research and development facilities whose manufacturing component is for testing purposes and is clearly accessory to the principal use. It shall also include research and development facilities for renewable and alternative energy technologies as defined in Section 2.3362. All marijuana establishments engaging in such activities require a special permit under Article XII.

[Amended 10-28-2013 by Ord. No. 32044; 4-22-2019 by Ord. No. 34437]

3.251.

Research laboratories and structures: Facilities used for conducting research in bacteriological, chemical, DNA, high-frequency electric, pharmaceutical, plastics, renewable and alternative energy technologies as defined in Section 2.3362, and similar types of research, excluding light nonnuisance manufacturing and manufacturing which is incidental to research and experimental laboratories, and also excluding general electronic or computer research facilities which shall be considered as light manufacturing. Research laboratory uses and structures shall comply with all applicable requirements of the General Ordinances of the City of Waltham and such regulations as are promulgated thereunder. All marijuana establishments engaging in such activities require a special permit under Article XII.

[Amended 10-28-2013 by Ord. No. 32044; 4-22-2019 by Ord. No. 34437]

3.252.

General manufacturing: The use of land or buildings for baking plants, bottling works, paper box manufacturing, cold storage plants, commercial greenhouses, electrical laboratories, ice manufacturing and ice cream manufacturing, laundries, milk bottling and processing, the distribution of milk and milk products, stone cutting, monument works, food packaging and processing, manufacture and assembly of consumer products, machine tools, vehicle assembly plants requiring chemical reduction facilities, wholesale storage and warehouse facilities (except such as prohibited by this chapter), all forms of light nonnuisance manufacturing and any other use not listed but deemed similar in character by the Board of Appeals. All marijuana establishments engaging in such activities require a special permit under Article XII.

[Amended 4-22-2019 by Ord. No. 34437]

3.253.

Autobody shop: Establishments for tin knocking, autobody work, autobody painting, paint spraying or interior customizing.

3.254.

Plastics manufacturing: Establishments designed for the processing or manufacturing of plastic and plastic materials.

3.255.

Steam laundries: Establishments which utilize a pressurized process for commercial or industrial cleaning purposes.

3.256.

Heliports-airports: Facilities for the operation of an airport for helicopters or any kind of aircraft, commercial or noncommercial.

3.257.

Junkyard: Any establishment or place of business which is maintained, operated or used for the keeping or selling of junk, including but not limited to storing, keeping, buying or selling of wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. For the purposes of this chapter, the term shall not include garbage dumps and sanitary landfills.

3.258.

Garbage dumps and sanitary landfills: Any parcel or lot of land with associated buildings and equipment used for the disposal of trash, rubbish or any other nontoxic waste materials. In no instance shall this definition be construed to allow the dumping, storing or handling of any hazardous waste materials, including sludge or sludge by-products.

3.2581.

Composting facility: An established site or works, and other appurtenances thereto, used for the handling, storage, transfer, processing or treatment of compostable materials for a fee or for profit. This section shall not apply to backyard composting as defined by Section 2.305A.

3.2582.

Yard waste transfer station: A handling facility where yard wastes are brought, stored and/or transferred from one vehicle or container to another vehicle or container for transport off-site to a treatment, processing or disposal facility.

3.2583.

Organic products storage: Bulk storage of organic fertilizers, peat moss, wood chips, mulch or compost, for sale at retail or wholesale. "Bulk storage" shall mean the keeping of such materials, unpackaged or uncrated; where the total volume of such materials exceeds five cubic yards.

3.259.

Automobile recycling center: See Junkyard, Section 3.257.

3.260.

Accessory uses-manufacturing: Accessory uses customarily incidental to the industrial uses permitted in this chapter; provided, however, that the total floor area allocated to said accessory use or uses shall not exceed 20% of the total floor area of the building or buildings.

AGRICULTURE

3.261.

Farms: Land and buildings devoted to agricultural purposes only, market gardens, greenhouses and nurseries; provided, however, that no heating plant or accessory building or enclosure shall be nearer than 40 feet to any lot line.

3.262.

Livestock farms: Land or buildings used for the raising or keeping of poultry, pigeons, fur-bearing animals, except dogs, or any form of livestock or for the maintenance of riding stables.

3.263.

Farm stands: A building or stand used for the sale of eggs and agricultural products actually raised or produced on the premises; provided, however, that such building or stand must be located at least 40 feet from any street line and accessible over a private driveway. Advertising signs not more than four square feet in area may be used.

CONSERVATION-RECREATION

3.264.

Conservation, water and water supply area: Land and accessory buildings maintained for the protection of water, water supply, wildlife, wetlands, water retention and storage.

3.265.

Public outdoor recreational facilities: Land owned and operated by a governmental agency for playgrounds, parks, nature study areas, arboretums and supporting facilities.

3.266.

Semipublic outdoor recreation facilities: Outdoor recreational uses, together with sporting facilities operated by a conservation association, homeowners' association or private association that is available to members of the association.

3.267.

Associated commercial recreation facilities: Outdoor or indoor recreation facilities provided by any business activity, located on the premises of the business activity in question, that are designed to market, advertise or otherwise enhance said business activity, such as tot lots associated with fast-food restaurants or other retail and service establishments.

Sec. 3.3 Uses.

[Amended 6-10-1991 by Ord. No. 27154; added 6-13-2005 by Ord. No. 30180]

3.31.

Table of Uses generally. This section indicates the uses allowed by right and by special permit within the various zoning districts established by the City of Waltham. (See Section 3.11.) For the purposes of clarity, the following abbreviations are used with the following meanings:

Y	=	Permitted use as of right
N	=	Not permitted
Y1	=	Permitted by right and additional intensity of use permitted by special permit from the City Council
S1	=	Use permitted only by special permit by City Council
S2	=	Use permitted only by special permit by Board of Appeals

Please note that the special permits administered by the Board of Survey and Planning for parking and for structures on floodplains are referenced in Sections 5.41 and 3.81 and are not referenced in the Table of Uses, since they do not directly relate to any specific use.

3.31A.

Zoning Ordinance prohibition. Any use of any building, structure or premises, not expressly permitted by this chapter, is hereby prohibited.

3.31A.1.

(Reserved)[1]

Editor’s Note: Former Subsection 3.31A.a, Prohibition of medical marijuana treatment centers, added 5-28-2013 by Ord. No. 31939, was removed from the Code as having been superseded 1-12-2015 by Ord. No. 33181A. For current provisions, see Art. XI, Medical Marijuana Treatment Centers and Cultivation Operations.

3.31A.2.

(Reserved)[2]

Editor’s Note: Former Subsection 3.31A.2, Prohibition of marijuana establishments, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers, and any other type of licensed marijuana-related business and prohibition of on-site consumption of marijuana and and/or marijuana products, added 6-18-2018 by Ord. No. 34109, was removed from the Code as having been superseded 4-22-2019 by Ord. No. 34437. For current provisions, see Art. XII, Nonmedical Marijuana Establishments.

3.32.

Please refer to Section 3.511 for all uses requiring a special permit for an increase in the intensity of use.

Sec. 3.4 Table of Uses. [1]

Editor's Note: The Table of Uses is located at the end of this chapter.

Sec. 3.41 (Reserved) [1]

Editor’s Note: Former Subsection 3.41, Moratorium on medical marijuana treatment centers, added 5-28-2013 by Ord. No. 31939, as amended 3-24-2014 by Ord. No. 33026, has been removed from the Code, having been superseded 1-12-2015 by Ord. No. 33181A. See now Art. XI, Medical Marijuana Treatment Centers and Cultivation Operations.

Sec. 3.5 Special permits.

[Amended 6-10-1991 by Ord. No. 27154; 12-23-1991 by Ord. No. 27262; 12-9-1991 by Ord. No. 27265; 12-14-1992 by Ord. No. 27463; 11-23-1992 by Ord. No. 27461; 5-28-2002 by Ord. No. 29513; 12-23-2002 by Ord. No. 29628; 6-13-2005 by Ord. No. 30180; 9-23-1991 by Ord. No. 27225; 6-27-1994 by Ord. No. 27756; 6-27-2011 by Ord. No. 31581; 6-10-1991 by Ord. No. 27154; 9-25-1991 by Ord. No. 27224; 6-10-1991 by Ord. No. 27154; 8-27-1973 by Ord. No. 23477; 12-26-1991 by Ord. No. 27263; 5-13-1986 by Ord. No. 25930; 6-10-1991 by Ord. No. 27154]

3.51.

Procedures. Property owners desiring to obtain a special permit from the City Council authorized elsewhere within this chapter for either use or intensity of use purposes shall file application for the same with the City Clerk. Each application shall be accompanied by one original development prospectus, fully prepared, together with 20 copies of said development prospectus. The development prospectus form is incorporated as Appendix A of this chapter.[1] The plot plan shall clearly set forth the locus, together with all existing and/or proposed buildings, parking spaces, driveway openings and driveways. It shall show all properties within 300 feet of the locus with names and addresses of owners and all abutting properties and properties adjoining land of abutters. The names of owners of such properties shall be included. In addition, it shall set forth existing and proposed topography, service areas, other open use areas, required open space and buffer areas, all facilities for sewerage, refuse and other waste disposal, surface drainage and all landscape features (such as fences, walls, planting and walks). The plot plan described above shall be prepared by a registered land surveyor or registered civil engineer.

3.511.

Intensity of use. As used in this section, a special permit for an increase in intensity of use shall mean a special permit where the applicant is requesting permission to build on a particular lot or parcel to a floor area ratio which is greater than the floor area ratio allowed in said zone as a matter of right. For purposes of this section, the words "as a matter of right" or "by right" shall mean the right to develop a particular lot or parcel without having to obtain a special permit for such increase in intensity of use. For special permits for an increase in the intensity of use, all determinations listed in Section 3.53, inclusive, shall apply.

3.511.1.

(Reserved)[2]

Editor's Note: Former Subsection 3.511.1, Suspension of special permits for increased intensity of use for residential development, added 12-27-2004 by Ord. No. 30079, provided for the suspension of special permits for increased intensity of use for residential development prior to June 1, 2005. These provisions have been removed from the Code as they have expired.

3.512.

Special permits for use.

As used in this section, a special permit for use, as opposed to a special permit for an increase in the intensity of use, shall mean a special permit where the applicant is requesting permission to build or operate a specific use not allowed by right in the zoning district; provided, however, that special permits for use may be granted only after it has been determined that the proposed use will be in compliance with the provisions of Sections 3.531, 3.533, 3.534, 3.535 and 3.538 of the zoning ordinance and that the allowance of the proposed use will not adversely impact upon the health and safety of the surrounding neighborhoods. The determinations and requirements set forth in Sections 3.532, 3.536, 3.537 and 3.539 shall not apply to a special permit for use, except that an applicant for a special permit to operate a fast-food establishment (Section 3.620) and an applicant for a special permit to operate a convenience store in conjunction with a retail gasoline station (Section 3.634) shall be required to show that facilities have been designed and will be developed so that no significant impairment will occur in relation to the convenience and safety of vehicular and pedestrian movements on adjacent streets, properties and improvements. Further, an applicant for a special permit for either one of the two above-mentioned uses shall be required to obtain from the Waltham Traffic Commission (Commission) findings as to whether the boundaries of the proposed project are within a radius of one-half (1/2) mile of an intersection in Waltham that accommodates at least 500 vehicles during the peak hour (of which at least 50 vehicles per hour enter from a minor street) with a preexisting level of service (LOS) of D or lower; and further, whether or not improvements can be made to bring the level of service at any such intersection to LOS D or higher. In making its decision on whether or not the City Council will grant the special permit, the City Council shall give due consideration to said findings of the Commission. The Commission may use existing in-house information if it has been assembled within the previous 12 months, or require the applicant to prepare the necessary information for its review. For the purpose of this section, the LOS shall be defined by the National Transportation Research Board, Highway Capacity Manual (current and future applicable editions); the LOS shall be measured at the 50th highest design hour (DHV50) at the relevant intersections. For the purposes of this section, "preexisting level of service" shall mean the level of service existing as of the date of the application for a special permit to operate a fast-food establishment or the date of the application for a special permit to operate a convenience store in conjunction with a retail gasoline station.

In making its determination on whether or not to grant a special permit for a specific type of use or for a combination of certain uses specified elsewhere in this section, the special permit granting authority may impose general or specific conditions which shall be set forth therein, and said conditions may include but shall not be limited to safeguards and limitations as to time or use.

3.513.

Additional special permits. In addition to the requirements of this section, if the applicant is required to obtain a special permit from the City Council under another section of this chapter, then the request for both special permits may be combined into a single petition to be presented to the City Council which may require the issuance of only one special permit (which shall be the special permit involving the more restrictive use of the land). Further, if the applicant is required to obtain a special permit for use and a special permit for intensity of use, the City Council may require the issuance of only one special permit and said permit procedure shall conform to the requirements of a special permit issued for intensity of use.

Editor's Note: Appendix A is located at the end of this chapter.

3.52.

Development prospectus comments. The applicant shall file a development prospectus (Appendix A)[3] and, further, shall provide factual data required in Sections 3.51 through 3.538, including a development schedule setting forth the proposed starting time and completion date concerning the project, including a clear identification of any noncompliance with statutes, ordinances or regulations, if any, as will enable the City Council to carry out its responsibilities in acting upon the petition.

3.521.

Table of Floor Area Ratios (FAR).

District		FAR As of Right	FAR Maximum allowed by Special Permit
Residence C		0.2 (lots less than 6,000 square feet exempted)	0.6 (lots less than 6,000 square feet exempted)
Residence D		0.2 (lots less than 6,000 square feet exempted	0.8 (lots less than 6,000 square feet exempted)
Hope Avenue Redevelopment District One***		1.8	Not applicable
	Except for assisted living facilities
	Assisted living facilities	1.0	1.5
Hope Avenue Redevelopment District Two
	Including all uses allowed in HR 2 except multifamily housing and assisted living facilities	1.0	1.25
	As to multifamily housing	0.01	1.25
	As to assisted living facilities	0.5	1.25
Business A**
	Residential	0.2 (lots less than 10,000 square feet exempted)	0.8 (lots less than 10,000 square feet exempted)
	Nonresidential (excluding retail)	0.5 (lots less than 25,000 square feet exempted)	1.0 (lot less than 25,000 square feet exempted)
	Retail	0.2 (lot less than 25,000 square feet exempted)	1.0 (lots less than 25,000 square feet exempted)
Business B**
	Residential	0.25 (lot less than 10,000 square feet exempted)	1.0 (lots less than 10,000 square feet exempted)
	Nonresidential (excluding retail)	0.5 (lot less than 25,000 square feet exempted)	2.5 (lots less than 25,000 square feet exempted)
	Retail	0.24 (lots less than 25,000 square feet exempted)	2.5 (lots less than 25,000 square feet exempted)
Business C		1.0 (lots less than 10,000 square feet exempted)	2.5 (lots less than 10,000 square feet exempted)
Limited Commercial		0.25	0.6
Commercial*
	Retail	0.28 (lots less than 10,000 square feet exempted)	2.0 (lots less than 10,000 square feet exempted)
	Nonretail	0.40 (lots less than 10,000 square feet exempted)	2.0 (lots less than 10,000 square feet exempted)
Industrial*
	Retail	0.28 (lots less than 20,000 square feet exempted)	2.0 (lots less than 20,000 square feet exempted)
	Nonretail	0.40 (lots less than 20,000 square feet exempted)	2.0 (lots less than 20,000 square feet exempted)
Conservation/Recreation [Added 8-4-1997 by Ord. No. 28403]		0.05	0.10

	NOTES:
	*	If a building is in part retail and in part nonretail, the FAR shall be computed by the following formula:

	If this new FAR as of right exceeds the FAR by right of nonretail, then the nonretail FAR shall prevail.
	**	If a building is in part retail and in part nonresidential (excluding retail), the FAR shall be computed by the following formula:

	If this new FAR as of right exceeds the FAR by right of nonresidential (excluding retail), then the nonresidential (excluding retail) FAR shall prevail.
	***	In the HR1 District: If a building is in part an assisted living facility and in part a nonassisted living facility, or if there is more than one building on a lot and one building or a portion thereof contains an assisted living facility and one building or a portion thereof contains a non-assisted living facility, the FAR of the lot shall be computed by the following formula:

	If this new FAR as of right exceeds the FAR by right of non-assisted living, then the nonassisted living FAR shall prevail

[3]

Editor's Note: Appendix A is located at the end of this chapter.

3.53.

Determinations. Special permits may be granted only after the following determinations have been made:

3.531.

Provision has been made to prevent or minimize any detrimental effect on adjoining premises and the general neighborhood.

3.532.

Facilities have been designed and will be developed so that no significant impairment will occur in relation to the convenience and safety of vehicular and pedestrian movements on adjacent streets, properties and improvements.

Further, an application for a special permit for an increase in intensity of use shall require the applicant to receive from the Waltham Traffic Commission (Commission) findings as to whether the boundaries of the proposed project are within a radius of one-half (1/2) mile of an intersection in Waltham that accommodates at least 500 vehicles during the peak hour (of which at least 50 vehicles per hour enter from a minor street) with a preexisting level of service (LOS) of D or lower; and further, whether or not improvements can be made to bring the level of service at any such intersections to LOS D or higher. In making its decision on whether or not the City Council will grant the special permit, the City Council shall give due consideration to said findings of the Commission.

The Commission may use existing in-house information if it has been assembled within the previous 12 months or require the applicant to prepare the necessary information for its review. For the purpose of this section, the LOS shall be defined by the National Transportation Research Board, Highway Capacity Manual (current and future applicable editions); the LOS shall be measured at the 50th highest design hour (DHV50) at the relevant intersections. For the purposes of this section, "preexisting level of service" shall mean the level of service existing as of the date of the application for a special permit for an increase in intensity of use. In preparing the necessary information for said review by the Commission, the applicant shall comply with the guidelines as set down by the City Traffic Engineer relating to the scope of the traffic study, to any and all requirements designating the locations to be studied, the days of the week and the times of the day when such studies shall be conducted and to any other reasonable criteria which the Traffic Engineer deems to be necessary. Any firm conducting such a traffic study under the provision of this section shall also be required to meet certain specific objective standards of experience established by said Traffic Engineer.

3.533.

Designs have been prepared for the adequate disposal of sewerage, refuse, other waste, drainage and surface water.

3.534.

Parking.

Designs have been prepared allowing for sufficient parking space and service area, including necessary maneuvering areas, to serve the needs of the proposed construction.

All lighting within the parking and service area has been designed to be serviced by underground wiring and shall also be so designed to focus the light only on the parking lot and/or loading areas in question. Further, all plans for parking areas shall include the location of all refuse receptacles and the methods for screening said receptacles.

The proposed designs shall also indicate the following for all surface parking areas over 20 spaces, except where no new construction of parking areas is taking place:

Ten percent of the total parking area, including aisles but excluding access driveways and loading areas, shall be landscaped; a landscaping plan indicating materials on location of landscaping shall be submitted to the Inspector of Buildings for review and comment prior to the granting of a special permit. The Inspector of Buildings's comments shall be forwarded to the City Council, which shall have the final approval of the parking landscaping plan. Said ten-percent requirement shall be included as part of the open space requirements of Section 3.537.

As a minimum, trees required under this special permit shall be provided at thirty-foot intervals and shall be at least three and five-tenths (3.5) inches in diameter at a point on the tree which is six inches above the ground at the time of planting. The maintenance of said trees shall be a requirement of any special permit granted.

3.535.

Existing municipal facilities are of sufficient capacity so as to support the proposed development. Such services shall consist of but shall not be limited to fire and police operation, education and recreation facilities.

3.536.

For new structures and additions to existing structures, but not including existing structures, the applicant shall show that designs have been prepared for the placement of all electric, telephone and other utility lines and equipment underground, subject to the approval of the Department of Public Utilities.

3.537.

Applicants requesting a special permit for increased intensity of use shall prepare designs indicating that a percentage of the total site area has been set aside for open space. The method of calculating the required open space shall be as follows: The base open space requirement shall be 15% of the total site area; the open space requirement shall increase on a directly proportional basis with the floor area ratio range provided in the district. In no instance shall the required open space exceed 40% as defined hereafter; see Appendix C[4] for examples of open space/FAR ratios. For the purposes of this chapter and special permit determination, no more than 50% of the required open space shall be in an area determined to be a wetland. Further, it shall be determined that all open space shall be open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not constitute an obstruction. Required side, rear and front yards may be calculated as part of the required open space, but in no instance shall any of the required open space be used for parking and/or loading purposes. When site conditions permit, the applicant shall provide the majority of the required open space as a buffer zone between commercial and residential development. As a minimum, the applicant shall provide a forty-foot buffer zone between any commercial structure and any residential lot line, and said buffer zone shall be landscaped to serve as a visual buffer. Similarly, an applicant for a special permit in the Residence C (RC) District shall provide a forty-foot buffer zone between any RC structure and any single-family residential district.

[4]

Editor's Note: Appendix C is located at the end of this chapter.

3.538.

Special conditions that the special permit granting authority may require due to special circumstances affecting the locus.

3.539.

Traffic Safety and Infrastructure Maintenance Fund.

Except as otherwise provided in Sections 8.354, 8.433 and 8.435 and all other relevant provisions of the Riverfront Overlay District and Planned Unit Development sections of this chapter and Section 9.16 of this chapter, the City Council shall, upon the granting of a special permit for an increase in intensity of use, require the applicant to make a contribution into the Traffic Safety and Infrastructure Maintenance Fund ("fund") only for that portion of the new structure or structures which is in excess of the FAR allowed by right or in excess of the FAR which is in existence on the subject lot at the time of the filing of the application for the special permit, whichever is less. The rate of contribution shall be $3 per square foot of gross floor area of a building whose primary use shall be for office or retail space, and the rate of contribution shall be $1 per square foot of gross floor area of a building whose primary use will be for multifamily dwelling units in any residential development of 10 or more units or as a research laboratory or structure or for industrial, manufacturing, warehousing, product and material distribution or similar purposes. The primary use of a building or buildings, for the purpose of this section, shall be deemed to be office or retail use where the total square foot floor area used for office or retail purposes, considered either individually or where both uses are added together, constitute more than 20% of the entire gross square foot floor area of the building or buildings in question. Otherwise, the primary use of the building or buildings shall be deemed to be for use other than office or retail, and the rate of contribution shall be $1 per square foot of gross floor area.

Said Traffic Safety and Infrastructure Maintenance Fund shall be established in the City treasury and shall be kept separate and apart from other moneys by the City Treasurer. Any moneys in said "fund" shall be expended only at the direction of the City Council, for the purposes mentioned below without further appropriation. All moneys which are collected as a result of any contribution to this "fund" shall be transferred to the principal of said "fund", and the City Treasurer shall be custodian of the "fund" and may deposit the proceeds in a bank or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the commonwealth or in federal savings and loan associations situated in the commonwealth. Any interest earned thereon shall be credited to and become part of such "fund". The "fund" shall be administered by the Traffic Engineer of the City. In matters not exclusively involving traffic regulations and controls, the Traffic Engineer shall consult with and obtain recommendations and cost estimates from the appropriate department heads.

Any moneys in the "fund" may be expended only by a majority vote of the entire membership of the City Council and shall be appropriated only for the purpose of maintaining and improving traffic safety and for the purpose of maintaining and improving the traffic safety infrastructure in the City, which shall include traffic regulation and control, road improvements (including widening), streetlighting, sidewalks and other public services related to the maintenance of traffic safety and safe public utilities, including new construction where needed. The cost of land takings necessary to accomplish any of the purposes listed herein shall also be considered a proper purpose for the expenditure of moneys from this "fund". No moneys in this "fund" shall be used for any purpose not included or directly related to the purposes listed above. Further, moneys contributed by a certain applicant for a special permit for an increase in intensity of use shall be spent on City services related to said development.

Sec. 3.6 Special permit criteria for specific uses.

The payment of the required contribution shall be made in accordance with the following schedule: An initial payment of 25% of the required amount, and an irrevocable letter of credit for the balance shall be made within 30 days after the issuance of the building permit. Thereafter, the Traffic Engineer may, at any time after the City has awarded any contract for work to be performed pursuant to the terms of the special permit, requisition against the letter of credit an amount of money equal to the full amount of said contract; and thereafter he may requisition, but not more frequently than once every 60 days, up to 25% of the original amount of the entire impact fee, until the entire amount of the impact fee has been paid. In the event that no contract for the performance of such work has been awarded within 90 days after the issuance of said building permit, the Traffic Engineer may, at any time thereafter but not more frequently than once every 60 days, requisition up to 25% of the original amount of the entire impact fee, until the entire amount of the impact fee has been paid. The balance of the entire amount of the impact fee shall be paid no later than one year from the date of the issuance of the building permit or before the issuance of the final permanent occupancy permit, whichever occurs first. All payments received by the City under the provisions of this subsection shall be placed into the "fund", and no moneys in the "fund" shall be expended without the specific approval of the City Council.

(5)

(Reserved)[5]

[5]

Editor's Note: Former Section 3.539(5), containing provisions in the event that the Traffic Safety and Infrastructure Maintenance Fund has not been authorized or created at the time a payment is due, was repealed 6-10-1991 by Ord. No. 27154.

(6)

Said moneys shall be paid by applicants seeking a special permit for increased intensity of use, and provided further that all contributions must be paid into the "fund" before a permanent occupancy permit will be issued.

3.5391.

Order by City Council. Any final action by the City Council shall be in the form of an order which shall include findings of compliance with the matters in Sections 3.53 through 3.539. Such order shall clearly relate to the plans as submitted and shall identify any additional conditions or limitations determined by the City Council to be appropriate.

3.54.

Report by Inspector of Buildings. Upon completion of the development and the issuance of a certificate of occupancy, the Inspector of Buildings shall file a report with the City Council certifying that the development has been completed in accordance with both the approval order and the detail plans referred to therein, and in preparing such report, the Inspector of Buildings may call upon either municipal officers or boards for such assistance as may be appropriate.

3.55.

Time limitations and changes in special permits.

3.551.

Work shall commence within one year of the date of City Council approval of a special permit; provided, however, that in instances where an appeal consistent with MGLA c. 40A, Section 17, is in process, work shall commence within one year after the date that all appeals have been terminated. Failure to commence work within the time period specified or failure to complete the work within two years after the date of commencement shall cause the special permit to lapse. The City Council may, upon written application of the grantee of said special permit, grant extensions of time of any such date by a two-thirds (2/3) vote of the entire membership of the City Council for good cause shown. Each such extension shall not exceed an additional 12 months.

3.552.

Except as provided in Section 3.551, any change in any of the provisions of a special permit from the terms of the special permit as approved by the City Council, including but not limited to any change of use of any building or part thereof, any increase in the number of buildings or in the size of any individual building or, in the case of a residential development or a hotel, any increase in the number of units, shall require the issuance of a new special permit; provided, however, that nothing in this section shall be construed as preventing, as a matter of right and without requiring the obtaining of a new special permit, a reduction in the size of or a reduction of the number of units in any building included within the provisions of a special permit so long as the building remains within the same footprint, there is no change in use of the building and there is no reduction in the number of parking spaces required by the terms of the special permit. However, upon application to the City Council, the Council may grant, by a 2/3 vote of the entire membership, a change in the provisions of the special permit without requiring a new special permit if it can be shown that unforeseen circumstances have required the expansion of the gross floor area by not more than 2% (but not more than 5,000 square feet) or the moving of a structure by not more than five feet but remaining within the required setback requirements. In no instance, however, shall a change in use be allowed without the issuance of a new special permit.

3.553.

Except for instances consistent with MGLA c. 40A, Section 17 (judicial appeal), or instances where the applicant awaits other governmental permits not related to the special permit process, construction or operations under a building or special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable; provided, however, that where said construction or operations require both a building permit and a special permit, said six-month period shall, subject to all other provisions of this chapter, commence as of the date of the issuance of the permit which is later in time.

[Added 12-22-2008 by Ord. No. 31011; 5-13-1996 by Ord. No. 28125; 5-8-1993 by Ord. No. 27503; 6-10-1991 by Ord. No. 27156; 8-4-1997 by Ord. No. 28403; amended 10-12-1971 by Ord. No. 23050; 11-22-1976 by Ord. No. 24107; 6-27-1994 by Ord. No. 27756; 11-23-1992 by Ord. No. 27460; 3-12-2012 by Ord. No. 31681; 12-11-1978 by Ord. No. 24440; 12-12-1977 by Ord. No. 24266; 12-23-1991 by Ord. No. 27262; 5-28-2002 by Ord. No. 29513; 4-28-2008 by Ord. No. 30876; 12-28-1981 by Ord. No. 25046; 3-8-1993 by Ord. No. 27502; 5-9-1994 by Ord. No. 27715; 6-10-1991 by Ord. No. 27154; 6-27-1994 by Ord. No. 27756; 6-28-1976 by Ord. No. 24054; 6-28-1976 by Ord. No. 24054; 12-22-2008 by Ord. No. 31011; 7-16-1964 by Ord. No. 21178; 8-4-1997 by Ord. No. 28403]

3.601.

Off-street parking. When a special permit for off-street parking purposes is granted, the provisions of Sections 5.4 through 5.48 shall apply.

3.602.

Off-street parking, residential land abutting nonresidential land: see Section 5.7.

3.603.

Driveway openings: see Section 5.41.

3.604.

Parking, small cars: see Section 5.47.

3.605.

Remote parking: see Section 5.8.

3.606.

Single-family. In the Business A and B Districts, single-family uses may be allowed if the minimum lot size is 6,000 square feet.

3.607.

Two-family. In the Business A and B Districts, two-family uses may be allowed if the minimum lot size is 6,000 square feet.

3.608.

Membership clubs, sorority and fraternity houses, lodges, social and community center buildings shall be permitted when a special permit has been granted by the City Council; provided, however, that no such special permit shall be granted when the principal activity carried on is conducted for profit; and provided further that no such special permit shall be granted if there is a residential component to such use.

3.608A.

Commercial recreational facilities, indoor, may be permitted in the Conservation/Recreation District by special permit granted by the City Council if the following determinations are made in addition to the findings required by Section 3.51 for all appropriate items that would refer to all districts:

All parking areas and buildings shall be screened from all adjacent lots in residential or conservation/recreation districts by a strip four feet wide, densely planted with shrubs and/or trees at least four feet in height.

To the extent possible, existing geological features, vegetation, slopes and scenic areas and views shall be maintained.

One parking space shall be provided for every two participants and one space shall be provided for every three observers.

Provisions have been made to prevent or minimize any adverse impacts on pedestrian and/or vehicular traffic in the surrounding neighborhood.

Provisions have been made to prevent or minimize any detrimental effects on adjoining premises and the general neighborhood.

The proposed facility will serve an identifiable need in the City of Waltham.

3.609.

Family day care. In the Business A and B Districts, a residence used for family day care must be on a lot of at least 6,000 square feet and have an enclosed outdoor play area of at least 3,000 square feet.

3.610.

Hospitals, sanatoriums, nursing homes, rest homes, nursery schools, day nurseries, day-care facilities and philanthropic institutions. Hospitals, sanatoriums, nursing homes and similar medical institutions, including nursery schools, day nurseries, child-care and elder-care facilities, shall be permitted when a special permit has been granted by the City Council. Public and nonprofit institutions of a philanthropic or charitable character shall also be permitted when a special permit has been granted by the City Council. In the instance of a nonprofit organization, verification of the Internal Revenue Service (IRS) certification of such status shall be required as a condition of the special permit. The loss of said nonprofit status, as determined by the IRS, shall be deemed as noncompliance with the special permit requirements. Further, in no instance shall a correctional institution or place of detention be permitted under special permit criteria.

3.611.

Customary home occupation. Offices of architects, engineers, lawyers, accountants, tutors or like professional persons shall be considered customary home occupations. Artists, musicians and dancing teachers shall be restricted to giving private lessons only and shall not be permitted to maintain studios for class instruction. Typing and computer services, dressmaking and millinery and other business activities deemed similar to any of the above mentioned may be permitted if the Inspector of Buildings finds that said use is not more intensive than the uses mentioned above. The uses noted in this definition shall be allowed when situated in the same dwelling or apartment used as a private residence by the person carrying on the occupation, provided that not more than 1/4 of the dwelling or apartment shall be so used and not more than three persons, including the professional person, shall be regularly so engaged. Tourist homes and day nurseries shall not be deemed to be such customary home occupation uses. Hairdressing and beauty parlors shall only be allowed when a special permit has been granted by the Board of Appeals, which shall consider the effects of said special permit upon the neighborhood and the City at large. In no instance shall any customary home occupation create any visible exterior changes to the residence in question. Said requirement shall not be construed to prohibit signs permitted by this chapter.

3.612.

Livestock farms. Livestock farms under five acres in size, including riding stables, greenhouses, the raising or keeping of poultry, pigeons, and furbearing animals, except dogs, shall be permitted when a special permit therefor has been granted to qualified persons by the Board of Appeals, provided that no special permit shall be granted by the Board of Appeals without considering the effects upon the neighborhood and the City at large. Further, research, experimental or testing laboratories associated with livestock farms may be allowed in districts other than residential or business districts when a special permit has been granted by the City Council after a finding that the proposed use will not be detrimental or injurious to the neighborhood.

3.613.

(Reserved)

3.614.

Public service corporations. Public service corporation facilities may be permitted when a special permit therefor has been granted by the Board of Appeals upon finding that the proposed use of land or structure is reasonably necessary for the convenience or welfare of the public or will not nullify or substantially derogate for the intent and purpose of this chapter.

3.615.

Research-related accessory uses. Accessory uses for activities necessary in connection with scientific research or scientific development or related production, whether or not said accessory use is on the same parcel as the principal use, may be permitted when a special permit therefor has been granted by the City Council after a finding that the proposed use does not substantially derogate from the public good. Research-related accessory uses shall not be construed to mean computer or general electronic research facilities which shall be considered as light manufacturing uses.

3.616.

Accessory dwelling units. The Board of Appeals shall only grant such special permit when it has determined that the following limitations have been complied with and the Board shall include the following in its decision:

The proposed dwelling unit is in harmony with and will promote the purposes of this chapter.

The dwelling unit is accessory to the principal residence and either the dwelling unit or the principal residence is occupied by the owner of the lot on which the dwelling unit is to be located, which owner shall have owned the lot for not less than five years.

(c)

The dwelling unit is designed for and may be occupied by not more than two persons.

(d)

Adequate provision has been made for access to such dwelling unit, separate from the access of the principal residence.

(e)

No alteration to the exterior of the dwelling shall be made.

(f)

No increase in the floor area of the dwelling shall be made.

(g)

The construction, reconstruction and occupancy of the dwelling unit will not be detrimental or injurious to persons or property.

(h)

The lot on which the dwelling is located contains at least 20,000 square feet in Residence A-1 Districts and 15,000 square feet in Residence A-2 Districts.

(i)

The building in which the proposed dwelling unit is to be located existed on the date of the adoption of this subsection.

(j)

There shall be provided on the lot a parking area sufficient to hold at least four cars designed in accordance with Sections 5.3 through 5.35 and in such a manner that cars can exit onto the street in a forward direction.

(k)

Any special permit granted under this section shall require that the applicant request recertification of the permit at periods not exceeding three years, and failure to request such recertification shall cause the permit to lapse. The Board of Appeals may, in appropriate cases, impose further restrictions on the apartment or the lot as a condition of the special permit.

(l)

The special permit, if granted, shall clearly state that it is not transferable to a purchaser of the lot and shall require, as a condition of its validity, that a copy of the permit be filed in the Registry of Deeds by the applicant.

3.617.

Hotels, motels, apartment hotels. Apartment hotels, hotels, motels and hotel/motels shall be permitted when a special permit therefor has been granted by the City Council.

3.618.

Multifamily dwellings. Multifamily dwellings shall be allowed in the Business A, Business B and Business C, Residence C and Residence D and HR2 Zones consistent with the regulations set forth in Sections 3.4 and 3.5, inclusive, and shall also be allowed in the Riverfront Overlay District and in any planned unit development consistent with the provisions of Sections 8.3 and 8.4.

3.619.

(Reserved)[1]

Editor's Note: Former Subsection 3.619, Food store retail hours, was repealed 1-11-1995 by Ord. No. 27853-A.

3.620.

Fast-food establishments. Fast-food establishments shall be permitted when a special permit therefor has been granted by the City Council.

3.621.

Radio, television, communications and other broadcasting facilities. No radio tower, no television tower or radar antenna, no telecommunications antenna or tower, no microwave antenna or tower or any other type of antenna or tower over 75 feet tall shall be permitted unless a special permit therefor has been granted by the City Council after it has given due consideration to the manner in which such tower may cause interference with telephone or television reception nearby, the extent to which such tower obstructs the view from nearby parcels and the extent to which such tower may detrimentally affect property values nearby. The height of such tower or antenna shall be determined as the total height above ground level. Further, all types of satellite antennas or satellite dish antennas used for commercial purposes shall not be permitted unless granted a special permit by the City Council consistent with the criteria noted above. Similar facilities used for private business purposes only shall be allowed as accessory uses (See Sections 3.241 and 3.260.) and not subject to this section.

3.6211.

(Reserved)[2]

Editor's Note: Former Section 3.6211, Suspension of permits for telecommunication antennas, towers and monopoles or similar devices, added 8-4-1997 by Ord. No. 28409, was superseded 12-22-1997 by Ord. No. 28496. For current provisions, see Article X, Wireless Communications Equipment.

3.622.

Car wash. Car wash, when a special permit has been granted by the City Council, may be permitted after findings that water supply and drainage facilities are available and that Sections 3.532, 3.536 and 3.537 shall be complied with as the City Council may require due to special circumstances affecting the locus.

3.623.

Light manufacturing. Light nonnuisance manufacturing on a scale ordinarily acceptable for retail business neighborhoods may be permitted when a special permit therefor has been granted by the City Council after finding that the use will not be detrimental to adjacent residential properties, if any, nor to other retail Business B District uses.

3.624.

(Reserved)[3]

[3]

Editor's Note: Former Subsection 3.624, Research laboratories and structures, was repealed 5-28-1996 by Ord. No. 28135.

3.625.

(Reserved)

3.626.

Autobody shop. Tin knocking, autobody work, autobody painting, interior customizing or paint spraying may be allowed when a special permit has been granted by the City Council given the following criteria: the hours of work shall be limited to 7:00 a.m. to 8:00 p.m.; no outdoor autobody work shall be permitted; the outdoor storage of vehicles shall be prohibited; and that such use will not be detrimental to the surrounding neighborhood.

3.627.

Heliports-airports. The operation of an airport for helicopters or any other kind of aircraft, commercial or noncommercial, shall be allowed when a special permit therefor has been granted by the City Council following a public hearing thereon at which all interested parties shall be given an opportunity to be heard and after a finding by the City Council that the special permit may be granted without substantially derogating from the intent or purpose of this chapter or creating safety hazards and/or undue increases in noise levels for surrounding uses. Further, no landing area shall be designed within a three-hundred-foot radius of any residential structure, excluding hotels. Notice of the time and place of such hearing shall be published in accordance with the requirements set forth in Chapter 40A of the General Laws.

3.628.

Truck storage, contracting equipment. Storage of heavy trucks, heavy contracting equipment and earthmoving equipment, as defined in Section 3.247, shall be allowed when a special permit therefor has been granted by the City Council, provided that no such yard is placed within 150 feet of an area zone for residential use.

3.629.

Plastics manufacture. A special permit from the City Council shall be required to permit processing or manufacture of plastic and plastic materials.

3.630.

Semipublic outdoor recreation facilities. Outdoor recreational uses, together with supporting facilities, when operated by a conservation association, homeowners' association or private association and available to the public or to the association shall be allowed when a special permit therefor has been granted by the City Council.

3.631.

Auto recycling center. The operation of an auto recycling center shall be allowed by special permit of the City Council after a landscaping and buffering site plan has been submitted for review and approved.

3.632.

Used car lot. The use of a lot or parcel or portion thereof for the sale of secondhand motor vehicles shall be allowed by special permit of the City Council after a plan drawn to scale indicating the location and placement of cars being offered for sale, parking for customers and parking for employees has been submitted for review and approved; said plan shall also include all buffering and landscaping requirements.

3.633.

Junkyard. Allowed by special permit of the City Council after a landscaping and buffering site plan has been submitted for review and approved.

3.634.

Retail gasoline station. A convenience food store may be operated as part of a retail gasoline station that is legally in existence, whether by right, by use variance, by special permit, or as a nonconforming use, provided that a special permit is obtained from City Council; and further provided that no such special permit shall be issued if such convenience food store will have a public floor area in excess of 1,000 square feet or, in the case of a preexisting use which is nonconforming in this regard, no such special permit shall be issued if such convenience food store will have a public floor area in excess of what is legally in existence as of December 31, 2019. If a retail gasoline station contains a preexisting nonconforming convenience food store, the owner of said convenience food store may, by special permit, seek an increase in the public floor area thereof; provided, however, that no special permit shall be granted that would result in the total public floor area of said convenience food store (existing convenience food store public floor area and proposed additional convenience food store public floor area) exceeding 1,000 square feet. A convenience food store operated as part of a gasoline station may also sell fresh baked goods (e.g., donuts, bagels) made off the premises and hot pre-prepared foods (e.g., hot dogs, breakfast sandwiches), provided that there shall be no kitchen facilities on the premises, except warming devices and microwave ovens, and that no more than 125 square feet of the public floor area of the retail convenience food store may be dedicated to the display and sale of such items. A convenience food store in a retail gasoline station shall be considered a separate retail business and parking spaces for said retail business shall be provided in accordance with Section 5.2 of this chapter, "stores/shops (retail businesses)." As a part of the special permit application, a parking plan drawn to scale shall be submitted indicating the location of the additional off-street parking areas required for retail businesses in accordance with Section 5.2 of this chapter.

[Amended 5-13-2019 by Ord. No. 34446; 5-26-2020 by Ord. No. 34823]

3.635.

Drive-in customer services. No said use shall be permitted unless the City Council grants a special permit. Further, the Council shall require that the Waltham Traffic Commission review said application for the safety of said facilities or buildings on both vehicular and pedestrian rights-of-way and submit its findings to the Council.

3.636.

Associated commercial recreation facilities. No commercial recreation facility that is within 300 feet of a residential structure shall be permitted without a special permit of the City Council.

3.637.

Indoor theaters. A special permit from the City Council shall be required to permit the operation of an indoor theater.

3.638.

(Reserved)

3.639.

Lodging houses. A special permit for the operation of a lodging house (Section 3.26), where allowed under Section 3.4, may be granted by the City Council after findings that facilities have been designed and will be developed so that no significant impairment will occur in relation to the convenience and safety of vehicular and pedestrian movements on adjacent streets, properties and improvements, and that the proposed use will be in compliance with all applicable provisions of the zoning ordinances. In addition, the City Council shall require as a condition of the special permit that the entire building to be used as a lodging house be equipped with a fire alarm system and an automatic fire-suppression system.

3.640.

Composting facility. A special permit for a composting facility (Section 3.2581), where allowed under Section 3.4, may be granted by the City Council after findings that facilities have been designed and will be developed so that no significant impairment will occur in relation to the convenience and safety of vehicular and pedestrian movements on adjacent streets, properties and improvements and that the proposed use will be in compliance with all applicable provisions of the zoning ordinances, provided that no such facility shall be placed within 300 feet of any residential structure or dwelling.

3.641.

Yard waste transfer station. A special permit for a yard waste transfer station (Section 3.2582), where allowed under Section 3.4, may be granted by the City Council after findings that facilities have been designed and will be developed so that no significant impairment will occur in relation to the convenience and safety of vehicular and pedestrian movements on adjacent streets, properties and improvements and that the proposed use will be in compliance with all applicable provisions of the zoning ordinances, provided that no such station shall be placed within 300 feet of any residential structure or dwelling.

3.642.

Organic products storage. A special permit for storage of organic products (Section 3.2583), where allowed under Section 3.4, may be granted by the City Council after findings that facilities have been designed and will be developed so that no significant impairment will occur in relation to the convenience and safety of vehicular and pedestrian movements on adjacent streets, properties and improvements and that the proposed use will be in compliance with all applicable provisions of the zoning ordinances, provided that no such storage shall occur within 300 feet of any residential structure or dwelling.

3.643.

Animal shelters. A special permit for the maintenance of an animal shelter (Section 3.226D), where allowed under Section 3.4, may be granted by the City Council after a finding that the proposed use does not substantially derogate from the public good and that the proposed use will be in compliance with all applicable provisions of the zoning ordinances, provided that no such use shall be located within 500 feet of any residential structure or dwelling or any residential zoning district.

3.644.

Kennels. A special permit for the maintenance of a kennel (Section 3.226E), where allowed under Section 3.4, may be granted by the City Council after a finding that the proposed use does not substantially derogate from the public good and that the proposed use will be in compliance with all applicable provisions of the zoning ordinances, provided that no such use shall be located within 500 feet of any residential structure or dwelling or any residential zoning district.

3.645.

Cat shelters. A special permit for the operation of a cat shelter (Section 3.218B), where allowed under Section 3.4, may be granted by the special permit of the City Council after a finding that the proposed use does not substantially derogate from the public good and that the proposed use will be in compliance with all applicable provisions of the zoning ordinances, including that the front yard and all open areas shall be suitably landscaped and maintained with grass, trees, shrubs or walks. Outdoor lighting shall be so shielded as to cast no direct light upon adjacent property or public ways. Municipal sewer and water shall be available to the site and shall serve all uses as required. Shelter will provide no less than 20 square feet of indoor housing space for each cat housed in the shelter. No cage, shelter or other outdoor structure shall be allowed within 50 feet of a residential dwelling.

[Added 10-16-2013 by Ord. No. 32037]

3.646.

Truck or private bus terminals. A truck or private bus terminal, as defined in Section 3.249, shall be allowed when a special permit therefor has been granted by the City Council, provided that no such yard is placed within 200 feet of any residential dwelling structure.

[Added 6-23-2014 by Ord. No. 33106]

3.647.

Smoke shop: A smoke shop, as defined in Subsection 3.222B, may be permitted when a special permit has been granted by the City Council, subject to the following findings and conditions and to such additional terms and conditions as the special permit granting authority may impose in granting the special permit:

[Added 5-28-2019 by Ord. No. 34472]

Smoke shops shall comply with Sections 3.51, 3.512, 3.531, 3.533, 3.534, 3.535 and 3.538 of this Zoning Ordinance.

Smoke shops shall not be considered an accessory use to any other use permitted under this Zoning Ordinance.

No smoke shop shall be located within 300 feet of any residential zoning district.

Sec. 3.7 Existing buildings, structures and uses.

Smoke shops shall in no case operate between the hours of 10:00 p.m. and 10:00 a.m.

(5)

No smoke shop shall be operated unless it has obtained any permits that may be required from the Board of Health.

(6)

No smoke shop shall be located within 500 feet, as measured by a straight line, of the boundary of a property occupied by (i) a public or private kindergarten, elementary, middle, junior high or high school; (ii) a licensed child-care facility or preschool; (iii) playground; (iv) youth center; (v) recreational facility; (vi) arcade; (vi) park; or (vii) library.

[Added 11-25-1996 by Ord. No. 28256;4-28-2008 by Ord. No. 30876;4-8-1996 by Ord. No. 28101; amended 12-11-1978 by Ord. No. 24440; 12-12-1977 by Ord. No. 24266; 6-10-1991 by Ord. No. 27156; 6-10-1994 by Ord. No. 27156; 6-13-2005 by Ord. No. 30180]

3.71.

Continuance of existing buildings, structures and uses. No building or other structure or any land shall be used, nor shall any building or other structure or part thereof be erected or altered, except in conformity with the provisions of this chapter, including any amendments thereof, which apply to the district in which the building, structure or premises shall be located; provided, however, that this chapter shall not apply to lawfully existing buildings or structures nor to the existing use of any building or structure or of land to the extent to which it is lawfully used at the time of the adoption of any applicable provision of this chapter; and, provided further, that signs or other advertising devices are specifically excluded from the provisions of this subsection.

3.711.

[1]The minimum frontage requirements of Article IV shall not apply to any lot for single- and two-family residential use in Residence A and Residence B Zones that is shown on a deed, on an approved subdivisions plan or on a plan bearing the endorsement "approval not required" under the Subdivision Control Law,[2] said deed or plan being duly signed and recorded prior to December 27, 1988, at the Middlesex South Registry of Deeds, that conformed to the existing zoning requirements at the time of recording and has less than the requirements of Article IV but at least 50 feet of frontage in the RA-1 District, at least 40 feet of frontage in the RA-2, RA-4 and RB Districts and at least 40 feet of frontage in the RA-3 District, except if, as of December 27, 1988, more than three adjoining lots were held in common ownership in the RA-3 District, then at least 45 feet of frontage shall be required. Any lot having less than the minimum frontage required by the preceding sentence and which meets all the other requirements of said sentence may be combined with an adjoining lot for the purpose of meeting said requirements. In addition any residential lot in a Residence A or Residence B District shown on a definitive plan approved prior to December 27, 1988, shall be governed by the applicable provisions of the Zoning Ordinance in effect at the time of the first submission of said plan for 15 years from the date of the endorsement of such approval. Any lot for single-family residential use in the RA-3 District shown on a plan bearing the endorsement "approval not required" under the Subdivision Control Law, said plan being duly signed and recorded in 1988, shall be governed by the applicable provisions of the Zoning Ordinance in effect at the time of said signing. Any lot for single-family residential use in the RA-3 District which, as of December 27, 1988, was not held in common ownership with an adjoining land, conformed to the then existing zoning requirements; which has at least 60% of the frontage requirements of this section and complies with all other requirements of this chapter shall be exempt from the frontage requirements of Article IV and this section for a period of three years from the date of approval of this amendment.

Editor's Note: Former Subsection 3.711, providing for the applicability of the chapter to Residence A and Residence B Zones shown on a deed signed and recorded prior to December 27, 1988, was repealed 6-27-1994 by Ord. No. 27756.