[Amended 12-10-1979 Ord. No. 24676; 10-9-1984 by Ord. No. 25585; 5-24-2010 by Ord. No. 31347; 12-12-1977 by Ord. No. 24266]
3.11. Districts enumerated. For the purpose of this chapter, the City is
hereby divided into the following classes of use districts:
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RA-1
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Residence A-1 Districts
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RA-2
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Residence A-2 Districts
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RA-3
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Residence A-3 Districts
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RA-4
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Residence A-4 Districts
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RB
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Residence B Districts
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RC
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Residence C Districts
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RD
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Residence D Districts
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HR1
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Hope Avenue Redevelopment District One [Added 5-28-2002 by Ord. No. 29513]
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HR2
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Hope Avenue Redevelopment District Two [Added 5-28-2002 by Ord. No. 29513]
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BA
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Business A Districts
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BB
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Business B Districts
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BC
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Business C Districts [Added 12-12-1991 by Ord. No. 27265]
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LC
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Limited Commercial Districts
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C
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Commercial Districts
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I
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Industrial Districts
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C/R
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Conservation/Recreation Districts [Amended 12-11-1978 by Ord. No. 24441]
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3.12. Floodplain district. A Floodplain District is herein established
as an overlay district and includes all special flood hazard areas
within the City of Waltham designated as Zones A and AE on the Middlesex
County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Middlesex County FIRM that
are wholly or partially within the City of Waltham are panel numbers
25017C039I E, 25017C0392E, 25017C0393E, 25017C0394E, 25017C0411E,
25017C0412E, 25017C0413E, 25017C0414E, 25017C0532E, 25017C0551E and
25017C0552E dated June 4, 2010. The exact boundaries of the district
shall be defined by the one-hundred-year base flood elevations shown
on the FIRM and further defined by the Middlesex County Flood Insurance
Study (FIS) report dated June 4, 2010. The FIRM and FIS report are
incorporated herein by reference and are on file with the City Clerk,
Consolidated Public Works Department, Engineering Department, Conservation
Commission, and the Inspector of Buildings.
3.13. Zoning District Map. The districts enumerated in Article
III, Section 3.11, are hereby established as shown, defined and bounded on the map accompanying this chapter entitled "Waltham Massachusetts Zoning District Map," revised October 1, 1993, and on file with the City Clerk. The Zoning District Map and all explanatory matter thereon are hereby made a part of this chapter, and it is hereinafter referred to as the "Zoning Map." A reproduction of said map, updated to include later amendments, shall be included with each published copy of this chapter.
3.14. District boundary determination. The location of the boundary lines
of the districts as shown on the Zoning Map shall be determined as
follows:
3.141. District boundary lines on streets, railroads or rivers. Where the
boundary lines are shown on the Zoning Map to be within the street
lines of public or private ways, railroad rights-of-way or rivers,
the center lines of such streets, railroads or rivers shall be the
district boundary lines.
3.142. District boundary lines on lot lines. Where the boundary lines are
shown to be approximately on property or lot lines and the exact location
of the property, lot or boundary lines is not indicated by means of
figures, then the property or lot lines shall be the district boundary
lines.
3.143. District boundary lines outside of street lines. Where the boundary
lines are shown to be located outside the street lines of public or
private ways and are shown to be approximately parallel thereto, they
shall be deemed to be parallel to such street lines. Figures placed
upon the Zoning Map between district boundary lines and street lines
indicate the distance in feet between the two lines measured at right
angles to the street lines, unless otherwise indicated.
3.144. All other district boundary lines. In all cases which are not covered
by the other provisions of this section, the location of district
boundary lines shall be determined by the distance in feet from other
lines upon such map, wherever given; otherwise, such location shall
be determined according to the scale of such map.
3.145. Determination of uncertain boundary lines. Whenever any uncertainty
exists as to the exact location of a district boundary line, the location
of such lines shall be determined by the Inspector of Buildings after
consultation with the City Engineer.
[Added 12-22-2008 by Ord. No. 31011; 12-22-2008 by Ord. No. 31011; 2-26-2001 by Ord. No. 29197; 3-10-2005 by Ord. No. 30112; 3-3-1999 by Ord. No.
28735; 5-13-1996 by Ord. No. 28125; 5-13-1996 by Ord. No. 28125; 5-13-1996 by Ord. No. 28125; 5-22-1995 by Ord. No. 27909; 5-23-1994 by Ord. No.
27732; amended 12-22-2008 by Ord. No. 31011; 12-28-1981 by Ord. No.
25046; 12-9-1991 by Ord. No. 27265; 3-28-1995 by Ord. No. 27884; 6-10-1991 by Ord. No. 27154; 5-12-1986 by Ord. No. 25929; 8-1-1994 by Ord. No.
27790; 4-24-2000 by Ord. No. 28983; 5-28-1996 by Ord. No. 28135; 6-10-1991 by Ord. No. 27156; 6-27-1994 by Ord. No. 27756; 6-27-1994 by Ord. No.
27756; 1-11-1995 by Ord. No. 27853-A; 6-28-1976 by Ord. No.
24054; 6-10-1991 by Ord. No. 27154; 7-16-1964 by Ord. No. 21178; 8-4-1997 by Ord. No. 28403; 8-4-1997 by Ord. No. 28403; 8-4-1997 by Ord. No.
28403; 6-23-2009 by Ord. No. 31147; 8-4-1997 by Ord. No. 28403; 8-4-1997 by Ord. No. 28403; 8-4-1997 by Ord. No. 28403; 9-13-1982 by Ord. No.
25180]
The following definitions describe, limit and clarify the uses
listed in Section 3.4, Table of Uses.
RESIDENTIAL USES
3.21. Single-family detached: A detached building designed for or occupied
exclusively by one family.
3.22. Two-family detached: A detached building designed for or occupied
exclusively by two families.
3.23. Accessory dwelling unit: A second dwelling unit located within a
structure constructed as a single-family detached dwelling, subordinate
in size to the principal unit and separated from it in a manner that
maintains the appearance of the structure as a single-family house.
3.24. Multifamily dwellings: A structure for more than two dwelling units
under one roof, including row houses, townhouses, garden apartments
and apartment houses.
3.25. Rooming houses: A dwelling in which the resident owner rents rooms
to not more than three persons not within the second degree of kindred
to the resident owner, in which meals may be served by the owner.
Further, a residential structure (excluding condominiums) that has
received an occupancy permit from the Inspector of Buildings identifying
the number of roomers to be served, and that said occupancy permit
shall be issued to a person who is the resident owner of the premises.
Further, for purposes of this chapter, a rooming house shall not maintain
cooking facilities other than in the principal kitchen of the dwelling
unit, and interior signs only are permitted to advertise the use;
provided, however, that such sign shall not be illuminated and shall
not exceed one square foot in area, and any person renting rooms to
one or more persons as of the effective date of this subsection shall
file a statement with the Inspector of Buildings within six months
of the passage of this subsection. Such statement shall specify the
number of roomers living in the dwelling as of the date of the passage
of this subsection. Failure to file such a statement within the prescribed
six-month period shall be considered prima facie evidence that the
renting of rooms in that particular dwelling did not exist as of the
date of the adoption of said subsection.
3.26. Lodging houses: A dwelling, excluding dormitories of charitable,
educational or philanthropic institutions, in which rooms are rented
to four or more persons not within the second degree of kindred to
the owner and in which meals may be served to residents. Further,
a residential dwelling unit subject to the licensing provisions of
Chapter 140 of the General Laws, except that the applicant for a lodging
house license need not be a resident owner of the premises sought
to be used as a lodging house and need not file a statement with the
Inspector of Buildings similar to the requirement for rooming houses.
3.27. Hotels/motels: Commercial establishments offering lodging and usually
meals to the general public, including hotels, motels and apartment
hotels and establishments of a duly licensed innkeeper.
3.28. Family day-care homes: A residential structure for not more than
six children, including participatory children residing in the residence,
if licensed by the Office of Children under MGLA c. 28A; provided,
however, that the person holding the license files a statement with
the Inspector of Buildings within 60 days of receiving the license
or any renewal thereof.
3.29. Medical office/professional office in residences: Offices of physicians,
surgeons or dentists, provided that there are no overnight hospital
facilities in connection therewith. No more than 1/4 of the dwelling
unit or apartment shall be so used and not more than three persons,
including the professional person, shall be regularly engaged in the
permitted activity. Such professional office may be maintained only
as part of the dwelling unit used by the professional person's private
residence.
3.210. Customary home occupations: 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 one-fourth (1/4) of the dwelling unit or apartment
shall be so used and not more than three persons shall be regularly
so engaged, including the professional person and/or occupant of the
dwelling unit. Tourist homes and day nurseries shall not be deemed
to be such customary home occupation uses. Hair dressing and beauty
parlors shall only be allowed when a special permit has been granted
by the Board of Appeals, which shall consider the effects upon the
neighborhood and the City at large of said special permit. In no instance
shall any customary home occupation create any visible exterior changes
to the residence in question.
3.211. Accessory uses/residential: Accessory uses customarily incidental
to any residential use permitted herein, provided that such use shall
not include any activity conducted for gain, or any private walk or
way giving access to such activity or any activity prohibited under
this chapter.
3.212. Private residential garage: A building associated with a residential
structure for housing motor vehicles in which no business or industry
connected directly or indirectly with motor vehicles is carried on.
3.213. Trailer/mobile homes: A dwelling unit that is not constructed in
accordance with the standards set forth in the local building code
applicable to site-built homes and is composed of one or more components,
each of which was substantially assembled in a manufacturing plant
and designed to be transported to the home site on its own chassis.
3.214. Churches: Use of land, buildings or structures for public worship
carried on by a recognized religious sect or denomination which may
include religious instruction, maintenance of a convent, parish house
or similar facility and activities whose purpose is substantially
related to furthering the beliefs of such sect or denomination.
3.215. Educational uses: Uses of land, buildings or structures for providing
learning in a general range of subjects on land owned or leased by
the commonwealth or any of its agencies, subdivisions or bodies politic,
and including use of land, buildings or structures for providing facilities
for research, public education and public display which are owned
and operated by the commonwealth or any of its agencies, subdivisions
or bodies politic. Further, educational uses shall be construed to
include any use of land, buildings or structures for providing learning
in a general range of subjects on privately owned land by any educational
entity accredited by the appropriate regulating authority.
3.216. Municipal buildings: City, federal and state owned structures designed
for public administration, services and public safety purposes, except
public housing development.
3.217. Cemeteries: Lands and associated structures used for public and private
cemeteries.
3.218. Hospitals, philanthropic and charitable institutions: A public or
private facility for the care and treatment of ill or injured people
with all traditional and incidental support facilities, including
parking facilities, such as hospitals, nursing homes, sanatoriums
and rest homes, but excluding correctional institutions.
3.218A. Assisted
living facilities.
(a)
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:
(1)
Provides room and board; and
(2)
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
(3)
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.
(b)
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.
(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.
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]
(1)
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.
(2)
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.
(3)
Body art establishments shall in no case operate between the
hours of 10:00 p.m. and 10:00 a.m.
(4)
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]
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.
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.
(1)
No merchandise or services prohibited as obscene and indecent
shall be disseminated or available therein.
(2)
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.
(3)
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.
(4)
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.
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.
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.
[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.
3.32. Please refer to Section 3.511 for all uses requiring a special permit
for an increase in the intensity of use.
[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. 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.
3.512. Special permits for use.
(a)
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.
(b)
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.
3.52. Development prospectus comments. The applicant shall file a development
prospectus (Appendix A) 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
|
3.53. 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.
(1)
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.
(2)
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.
(1)
Designs have been prepared allowing for sufficient parking space
and service area, including necessary maneuvering areas, to serve
the needs of the proposed construction.
(2)
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.
(3)
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:
(a)
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.
(b)
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 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.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(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:
a. 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.
b. To the extent possible, existing geological features, vegetation,
slopes and scenic areas and views shall be maintained.
c. One parking space shall be provided for every two participants and
one space shall be provided for every three observers.
d. Provisions have been made to prevent or minimize any adverse impacts
on pedestrian and/or vehicular traffic in the surrounding neighborhood.
e. Provisions have been made to prevent or minimize any detrimental
effects on adjoining premises and the general neighborhood.
f. 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.
3.614. 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:
(a)
The proposed dwelling unit is in harmony with and will promote
the purposes of this chapter.
(b)
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.
3.620. 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.
3.622. 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.
3.626. 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.
3.639. 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]
(1) 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.
(2) Smoke
shops shall not be considered an accessory use to any other use permitted
under this Zoning Ordinance.
(3) No
smoke shop shall be located within 300 feet of any residential zoning
district.
(4) 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. 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, 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.
3.72. Nonconforming buildings, structures and uses.
3.721. Applicability. This chapter shall apply to any change of use thereof
and to any alteration of a building or structure when the same would
amount to reconstruction, extension or structural change and to any
alteration of a building or structure to provide for its use for a
purpose or in a manner substantially different from the use to which
it was put before alteration or for its use for the same purpose to
a substantially greater extent, subject, however, to the following
provisions:
3.7211.
No nonconforming use, if once changed to a use permitted in
the district in which it is located, shall be changed back to a nonconforming
use.
3.7212.
No nonconforming use shall be replaced by any other nonconforming
use, except as provided in Section 3.7223.
3.7213.
No nonconforming use which shall have been abandoned for more
than two years shall be resumed.
3.7214.
In the Business C District, where there is a legally existing
nonconforming structure on a lot, any increase in the size and shape
of said lot shall not cause the legally existing nonconforming structure
to lose its nonconforming status, provided that there is no actual
change to the dimensions of the structure.
3.722. Rights of nonconforming structures, uses, buildings and land. Any
use, structure, building or land which, at the time of the passage
of any applicable provision of this chapter, constitutes a nonconforming
use or structure, including structures and buildings with a valid
building or occupancy permit issued prior to December 28, 1987, that
are presently conforming as to use but have an FAR above the FAR allowed
by right in the district where they are located may be:
3.7222.
Altered or enlarged in that use to an extent not exceeding 10%
of the ground floor area of the building or area of land used at the
time of the passage of this chapter when a special permit therefor
has been granted by the Board of Appeals for such alteration or enlargement.
The ability to petition the Board of Appeals for said ten-percent
alteration or enlargement shall not be construed to deny any owner
of a nonconforming structure the additional right to seek a special
permit from the City Council to expand the present use to the maximum
FAR allowed by special permit.
3.7223.
Changed to a similar use of not less restricted character, when
a special permit therefor has been granted by the Board of Appeals
for such a change.
3.7224.
Rebuilt and restored within the same footprint as before and
continued in the same use, up to a FAR which is equal to but not in
excess of the FAR of the prior lawful nonconforming structure, provided
that the destruction was accidental and, provided further, that the
actual rebuilding or restoration is started within 12 months of the
date of destruction and is completed within a reasonable time as determined
by the Inspector of Buildings.
3.72241.
Voluntary demolition and reconstruction of a lawful nonconforming
structure for purposes of modernizing said structure shall be permitted
as a matter of right; provided, however, that the use of the modernized
structure shall be the same as the prior use or any other use allowed
in that zoning district, except that where the prior nonconforming
structure was being used primarily for residential purposes, the subsequent
modernized structure shall, under the provisions of this section,
be confined to use only as a residential structure; and that the FAR
of the modernized structure shall not exceed the maximum FAR permitted
by right in the zoning district in which the property is located or
the FAR of the prior structure, whichever is greater, provided that
for the purpose of this section, if the building or use will still
be nonconforming in any respect, the floor area of any parking within
the structures shall be included in the calculations of the floor
areas for determining the FAR for both the existing structure and
the modernized structure; and that the resulting modernized structure
shall conform to the minimum yard and maximum height requirements
of the zoning district in which said structure is located as of the
date of said reconstruction (See Sec. 4.11, Table of Dimensional Regulations.)
or, for single-family and two-family dwellings to be continued in
the same use, that the modernization does not increase the nonconforming
nature of said structure; and that where the demolition and reconstruction
involves a structure containing residential dwelling units, the number
of dwelling units in the modernized structure shall not exceed the
number of lawful dwelling units in the prior structure and provided
further that the number of stories in the reconstructed building shall
not exceed the number of stories allowed by right; the Council may,
by special permit, allow additional units to be added to such nonconforming
structures if the Council finds said units are not more detrimental
to the neighborhood and further provided that the off-street parking
provided for the total number of units on the site, including the
additional units, is in conformity with the parking requirements of
the zoning ordinance in effect at the time of reconstruction. Reconstruction
shall be started within 12 months of the date that the demolition
is commenced and shall be completed within a reasonable time thereafter
as determined by the Inspector of Buildings. Any structure reconstructed
under the provisions of this section shall otherwise comply with all
other provisions of this chapter.
3.7225.
Altered, reconstructed, extended or substantially changed, provided
that such structure is a single- or two-family residential structure
and such alteration, reconstruction, extension or structural change
does not increase the nonconforming nature of said structure.
3.72251.
Existing nonconforming structures used for commercial and industrial
purposes may be altered or rehabilitated as a matter of right if said
alteration or rehabilitation does not exceed the floor area ratio
(FAR) of the existing structure, if said rehabilitation does not include
removal of any exterior walls and if such alteration, reconstruction
or structural change does not increase the nonconforming nature of
said structure. If rehabilitation does include removal of exterior
walls, the criteria of Section 3.72241 shall apply.
3.73. Nursing homes; rest homes.
3.731. Nursing homes or rest homes licensed by the state as of January 1,
1982, but prior to January 1, 1996, and located in an RA-2, RA-3,
RA-4 or RB Zoning District may be converted to a multifamily dwelling
by special permit of the Board of Appeals in accordance with Subsections
3.531, 3.732, 3.733 and 3.734 of this chapter.
3.732. Said homes shall not exceed one apartment per four licensed beds
or exceed a total of 10 dwelling units, whichever is less. The number
of allowable units shall be calculated by dividing the number of licensed
beds by four. In the event that the resulting calculation includes
a fraction greater than 0.50, the number of allowable apartments shall
be rounded up to the next whole number. In the event that the resulting
calculation includes a fraction equal to or less than 0.50, the number
of allowable apartments shall be rounded down to the next whole number.
In no event shall more than 10 dwelling units be allowed per home
nor shall any newly created unit have less than 700 square feet of
living space per unit.
3.733. Said conversion of nursing homes or rest homes to multifamily dwellings
shall comply with Section 3.72241 of this chapter as applicable.
3.734. Said conversion of nursing homes or rest homes to multifamily dwellings
shall comply with the parking requirements of Section 5.21 of this
chapter in effect at the time of application for the special permit.
[Added 5-28-2002 by Ord. No. 29513; 5-9-1994 by Ord. No. 27715; amended 12-10-1979 by Ord. No. 24676; 5-24-2010 by Ord. No. 31347; 3-24-1997 by Ord. No. 28327; 4-11-1988 by Ord. No. 26393; 4-8-1974 by Ord. No.
23459; 5-11-1953 by Ord. No. 17572; 7-15-1957 by Ord. No. 18874; 7-11-1963 by Ord. No. 20720]
3.81. Land not suitable for building. Whenever a parcel or tract of land,
by reason of wetlands, periodic flooding or other unusual topographical
conditions, cannot be used for building purposes without danger to
health or peril from fire, flood or other menaces, the Inspector of
Buildings shall refuse to issue a building permit with respect to
the use thereof, and he shall notify the Board of Survey and Planning
of his action. The applicant may then apply to the Board of Survey
and Planning for a special permit to use such land, which Board shall
hold a public hearing as required by Chapter 40A of the General Laws.
The Board of Survey and Planning shall require the applicant to have
made a soil and feasibility study of the tract or parcel by a registered
professional engineer and shall, thereafter, certify to the Inspector
of Buildings whether or not the land is in fact suitable for building.
If the objectionable conditions are corrected in accordance with the
requirements of the Board of Survey and Planning and a special permit
has been granted, the Inspector of Buildings shall issue building
permits as in the case of other lands in the same zoning district.
As soon as may be after the effective date of this subsection, and
from time to time thereafter, the City Engineer shall report to the
Inspector of any areas which, in his opinion, are unsuitable for building,
and the Inspector of Buildings thereafter shall refuse to issue any
permits for building thereon until the provisions hereinafter set
forth have been complied with. (See also maps entitled "Waltham Natural
Resources Map, Waltham Conservation Commission-Raytheon.")
3.811. Medical and related uses. Notwithstanding any provisions of Sections
3.3 and 3.4 to the contrary, the following uses are only allowed within
the Hope Avenue Redevelopment Districts One and Two to the extent
that the use is in furtherance of, or accessory to medical, biomedical,
health care, or assisted living purposes: hospitals, sanitariums,
nursing homes, philanthropic institutions (Section 3.218); public
garage (Section 3.221); business and professional offices and banks
(Section 3.224); off-street parking (Section 3.239); accessory uses/commercial
(Section 3.241); accessory off-street parking (Section 3.242); and
research labs, structures and accessory uses (Section 3.251).
3.82. Floodplains and floodways.
3.821. Whenever a parcel or tract of land lies in a Floodplain District,
whether in Zone A or Zone AE, as identified in Section 3.12, all new
construction and substantial improvements (the cost of which equals
or exceeds 50% of the market value of the structure) of residential
and nonresidential structures shall have the lowest floor, including
basement or cellar, elevated to or above the one-hundred-year base
flood elevations shown on the FIRM and further defined by the Middlesex
County Flood Insurance Study (FIS) report dated June 4, 2010, or,
in the case of nonresidential structures, be floodproofed and watertight
to the base flood level and otherwise comply with the Massachusetts
State Building Code.
3.822. Whenever a parcel or tract of land lies in a Floodplain District
identified as Zone A where no base flood elevation is provided on
the FIRM, the applicant shall produce any already existing, reasonable,
base flood elevation data, and it shall be used to meet the requirements
of Section 3.821. In Zones A, and AE, along watercourses that have
not had a regulatory floodway designated, the best available federal,
state, local, or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
3.823. Whenever a parcel or tract of land lies in a floodway as shown within
the City of Waltham on a Middlesex County Flood Insurance Rate Map
(FIRM) issued by the Federal Emergency Management Agency (FEMA) for
the administration of the National Flood Insurance Program, no fill,
new construction, substantial improvements or other development shall
be permitted unless a registered professional engineer has certified
that the proposed work will not result in any increase in flood levels
during a one-hundred-year flood. Nothing herein shall be interpreted
to overrule the provisions of Sections 3.821 through 3.826.
3.824. Whenever the Inspector of Buildings is informed by the Conservation
Commission and/or Consolidated Public Works Department, and they are
hereby ordered to inform him, of any alterations to watercourses,
he shall notify the City of Newton and the Towns of Weston, Lincoln,
Lexington, Belmont and Watertown, the Federal Emergency Management
Agency, Region I and the Massachusetts Department of Conservation
and Recreation of such alterations.
3.825. Whenever the Conservation Commission and/or the Consolidated Public
Works Department participate in any action or regulatory manner in
relation to the alteration of a watercourse, they shall make certain
that the flood-carrying capacity of such watercourse is maintained.
3.826. The Floodplain District is established as an overlay district to
all other districts. All development in the district, including structural
and nonstructural activities, whether permitted by right or by special
permit, must also be in compliance with the following: Chapter 131,
Section 40, of the Massachusetts General Laws; Section of the Massachusetts
State Building Code which addresses floodplain and coastal high hazard
areas (currently 780 CMR 120.G, "Floodresistant Construction and Construction
in Coastal Dunes"); Wetlands Protection Regulations, Department of
Environmental Protection (DEP) (currently 310 CMR 10.00); Inland Wetlands
Restriction, DEP (currently 310 CMR 13.00); and Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310
CMR 15, Title 5).
3.83. Keeping of poultry, pigeons and livestock. The keeping of poultry,
pigeons and livestock on parcels less than five acres is prohibited
except in accordance with the following provisions:
3.831. In research, experimental or testing laboratories in districts other
than residential or business districts when a special permit therefor
has been granted by the City Council, which special permit may only
be granted when a finding has been made by the City Council that such
use will not be detrimental or injurious to the neighborhood. See
Section 3.612.
3.832. On farms, a resident occupant, duly licensed by the Board of Health
and in accordance with the provisions of Section 3.612, may keep,
for his use only, not more than 12 poultry, pigeons or livestock;
provided, however, that such poultry, pigeons or livestock are confined
in one enclosure, building or structure located on the rear 1/3 of
the lot, not less than 40 feet from any street line on which the dwelling
faces and not less than 10 feet from any lot line; and provided further,
that in the case of corner lots, the setback provisions governing
the location of such enclosure, building or structure. Such enclosure,
building or structure shall not be nearer than 25 feet to any building
or structure used for human habitation, shall not occupy an area exceeding
1/20 of the area of the lot on which it is located and shall be limited
to 10 feet in height. The use of such enclosure, building or structure
for the keeping of poultry shall be accessory to a dwelling on the
same lot.
3.84. Emission of fumes, offensive odors, noises. No premises shall be
used and no building or structure shall be constructed, enlarged,
reconstructed or used in any district for any purpose which, by the
emission or discharge of fumes, vapor, gas, dust, offensive odors,
chemicals, poisonous fluids or substances, refuse, organic matter
or excrement or by the causing of noise or vibrations or by unduly
increasing the risk from fire or explosion or otherwise, would be
dangerous or injurious to the public health or safety or which would
be for any reason injurious to the health, safety, convenience, morals
or welfare of the inhabitants of the City.
3.85. Trailer camps, trailer parks and trailers. Trailer camps, trailer
parks and overnight cabins are prohibited. No trailer shall be used
as a dwelling or converted for use as such, except that where a residential
dwelling has been so damaged as a result of fire, flood or windstorm
as to be rendered uninhabitable to its occupants, a trailer may be
permitted on the land where the dwelling is located for use as a temporary
residence by its occupants for a period of not more than 12 months
after the date the damage is sustained, provided that suitable sanitary
facilities are installed conforming to the requirements of the Health
Department.
3.86. Removal of soil, loam, sand or gravel from land. Except when incidental
to and in connection with the construction of a building, structure
or roadway for which a permit has been issued or incidental to the
grading or laying out of any area of land for development or landscaping
purposes, the removal of soil, loam, sand or gravel from land is prohibited,
except that the Board of Appeals may grant a special permit for such
removal after a public hearing and under such conditions as it may
see fit to impose, as a part of the permit, for the protection of
the neighborhood and the City against permanent and temporary hazards,
including methods of handling such materials at the site, transporting
such material through the City, temporary fencing, setbacks from roadways
or lot lines, groundwater and wetland protection criteria.
3.861. Dumping or storing of soil, sand, gravel or loam. The storage or
dumping of soil, sand, gravel or loam on any parcel or lot in the
City is permitted without a building permit if such activity does
not alter the existing average elevation of the entire parcel or lot
by more than one foot and further, that the elevation at any point
on the lot is not increased or decreased by more than three feet or
if the activity is being performed as part of an approved roadway.
Any alteration of the existing average elevation beyond the extent
permitted by this section shall only be allowed as part of an approved
building permit for the construction or alteration of a building or
structure.
3.87. Public and semipublic buildings. This chapter shall not regulate
or restrict the use of land or structures for religious purposes or
land owned or leased by the commonwealth or any of its agencies, subdivisions
or bodies politic or by a religious sect or denomination or by a nonprofit
educational corporation; provided, however, that such land or structures
shall be subject to the regulations of this chapter regulating the
bulk and height of structure, yard sizes, lot area, setbacks, open
space, parking and building coverage; and provided further, that the
Board of Appeals may, in accordance with MGL c. 40A, § 10,
grant a variance for adjustments to such regulations.
3.88. Automotive and mechanical repair after 8:00 p.m. No retail gasoline
station or any other business performing mechanical repair services
to motor vehicles or on any other type of engine or mechanical device
located within 300 feet of a residential dwelling shall provide such
services between the hours of 8:00 p.m. to 7:00 a.m., unless such
services constitute minor emergency repair service and are conducted
indoors.
3.89. Secondary access through conservation/recreation zone and through
residential zone. In instances where a residential, industrial or
commercial activity has a clear legal means of access through a nonconservation/recreation
zoning district, such use shall not be allowed secondary access through
conservation/recreation districts. In instances where an industrial
or commercial activity has a clear and legal means of access through
a nonresidential zoning district, such use shall not be allowed secondary
access through residential zoning districts.
3.810. Private noncommercial antennas and antennas allowed under Sections
3.241 and 3.260. Any antenna, other than a standard VHF and/or UHF
mounted television antenna, shall be restricted in the placement of
such antenna to the rear portion of the property and to side yards,
but not located within the front yard setback. Such antennas may also
be located on the rear portion of the roof, provided that no part
of the antenna exceeds the peak of the roof by four feet or more.
This applies to ham radio antenna, satellite dish antenna and antennas
designed to receive or transmit any signal other than television.
Antennas allowed under Sections 3.241 and 3.260 shall be allowed on
the roof and anywhere else on the property, but not in the front yard
setback. The height shall be restricted to the requirements of height
in the zoning district.
[Added 5-28-2002 by Ord. No. 29513; amended 12-22-2008 by Ord. No.
31008]
Notwithstanding any provisions of Sections 3.3 and 3.4 to the
contrary, property within the HR1 Zoning District may be used for
parking or access in connection with principal uses located in and
permitted as of right in the HR2 Zoning District, and property within
the HR2 Zoning District may be used for parking or access in connection
with principal uses located in and permitted as of right in the HR1
Zoning District.
3.95. Affordable housing obligations. In connection with the construction of market-rate multifamily housing on any lot within the Hope Avenue Redevelopment District One, the owner shall convey to the City of Waltham or its designee a building or buildings which will not be located on such lot, containing one unit of housing for every 20 units of market-rate multifamily housing so constructed. This section of the chapter shall be satisfied as long as such units meet housing quality standards for Section 8 vouchers, and such units are conveyed to the City of Waltham or its designee prior to the issuance of an occupancy permit for such market-rate multifamily units. As an alternative means of satisfying the obligation of this section, the owner may, at its election, make a one-time payment to the City of Waltham Municipal Affordable Housing Trust Fund of an amount equal to $110,000 multiplied by the number of units otherwise required to be conveyed to the City of Waltham or its designee. The foregoing obligation shall be in place of any obligations otherwise applicable pursuant to Article
IX.