Waltham City Zoning Code

ABANDONMENT — The visible or otherwise apparent intention of an owner or occupant to discontinue or abandon a particular nonconforming use or structure, including but not limited to the removal of equipment or furnishings customarily incidental to a particular use without their replacement within 60 days with similar equipment or furnishings; the replacement of a nonconforming use or structure with a conforming use or structure; and the storage of nongaraged, unregistered motor vehicles for more than 60 days on parcels not authorized by this chapter for the storage or repair of said motor vehicles.

ACCESSORY BUILDINGS — A building subordinate to the principal building, and buildings customarily incidental to that of a principal building or principal use on the same premises, including a private garage, the use of which is customarily incidental to that of a principal building on the same premises. All accessory buildings shall be subject to all dimensional regulations set forth in this chapter.[1]

ACCESSORY USE — Use of land, building or part of building that is customarily incidental and clearly subordinate to the principal use of the premises. Accessory uses are permitted in all districts if not hazardous, harmful or inconsistent with specific use or dimensional restrictions applicable to such districts.

ADULT ENTERTAINMENT ENTERPRISES — As follows:

AGE-RESTRICTED HOUSING — Single family, two-family, townhouse style and multifamily dwellings that are:

ALTERATION — A change in or addition to a building which modifies its location, plan, manner of construction or the kind of materials used or in any way varies the size or character of its use.

APARTMENT — A room or set of rooms fitted with housekeeping facilities and used as a dwelling unit, as defined in Section 2.317.

BACKYARD COMPOSTING — The composting of organic solid waste, such as grass clippings, leaves or brush, generated by a homeowner or tenant of a residential dwelling, where composting occurs at that dwelling place.

BASEMENT — A portion of the building partly underground but having less than half its total height below the average grade of the adjoining ground as calculated or measured based on the grade existing prior to any construction or earth moving activity on the site. For the purposes of this chapter, a "basement" shall not be considered as a story (see Section 2.340).

BUFFER ZONE — Areas of land maintained in a landscaped fashion or in a natural state that are open, unpaved, unbuilt upon and not used for buildings, as parking areas for motor vehicles or for storage of any kind.

BUILDING — A combination of any materials, whether portable or fixed, having a roof to form a structure for the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include any awning, marquees or similar covering, whether or not permanent in nature.

BUILDING, EXISTING — Buildings actually completed prior to December 27, 1988, the effective date of this chapter, and/or the buildings which had been issued a building permit prior to or on December 27, 1988, and which have proceeded to completion within a reasonable time.

BUILDING LINE — A line in accordance with the dimensional criteria established by this chapter beyond which any building or structure or any part thereof shall not extend, not to be construed to prohibit fences which are legally erected.

BUILDING, NEW — A building, the erection of which was issued a building permit after December 27, 1988.

BUSINESS — The transaction or carrying on of a trade or commercial enterprise, other than manufacturing, with a view to profit or for a livelihood.

CELLAR — A portion of any building that has more than half of its total height below the average grade of the adjoining ground as calculated or measured based on the grade existing prior to any construction or earthmoving activity on the site. For the purposes of this chapter, a "cellar" shall not be considered as a story (See Section 2.340.)

COMPOSTABLE MATERIAL — Organic material, excluding wastewater treatment residuals, that has the potential to be composted, which is presorted and not contaminated by significant amounts of toxic substances.

COMPOSTING — A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used.

CONDOMINIUM — The land, the building or buildings, all other improvements and structures thereon and all easements, rights and appurtenances belonging thereto which have been submitted according to the provisions of MGLA c. 183A. A condominium shall be treated as a form of land ownership, not land use, and shall be subject to the applicable provisions of this chapter for the district in which it is located.

CONVENIENCE FOOD STORE IN GASOLINE STATION — A retail store operated as part of a gasoline station that is designed and stocked to sell primarily so-called "snacks" (that is, food which is ready for consumption directly from its container without prior cooking or preparation), beverages, prepackaged dry goods such as cigarettes, cigars, razors, razor blades and newspapers. Such a store 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 such store may be dedicated to the display and/or sale of such items. Notwithstanding the provisions of Sections 3.228, 3.228D, 3.228C, 3.229 and 3.620, a convenience food store in a retail gasoline station shall be considered a separate and distinct use, and shall be a permitted use as provided for in Section 3.4, Table of Uses.

CORNER LOT — A lot bounded by more than one street, whether public or private, which has an interior intersecting angle of 135° or less, formed by the tangents or straight segments of street lines between the side or rear lines of such a lot or by an extension of such street lines. A lot bounded by one street shall be considered a "corner lot" when the tangents or straight segments of the street line between the side lines of the lot form or would form, if extended, an interior angle of 105° or less.

DWELLING — A building which is designed for or occupied as a place of abode by one or more persons, either permanently or transiently.

DWELLING UNIT — One or more rooms designed for or occupied as a place of abode by one person or by one family with cooking, sleeping and toilet facilities.

FAMILY — A bona fide single housekeeping unit consisting of two or more individuals living together where the relationship to one another is of a distinct domestic character and achieves the permanency and cohesiveness inherent in the notion of a single housekeeping unit.

FLOOR AREA, GROSS — The total area of all floors of a building, excluding all parking areas and all parking structures and the traditional roof appurtenances such as mechanical or utility rooms providing services to the building itself, flagpoles, chimneys and similar structures, but including cellars, except that portion used for parking, basements, except that portion used for parking and mezzanines to the inside face of exterior walls thereof, and including partitions, stairwells, corridors and fully enclosed porches with permanent roofs.

FLOOR AREA, HABITABLE — The gross floor area, exclusive of cellars, basements, mezzanines, stairwells and corridors.

FLOOR AREA, PUBLIC — That part of the gross floor area to which the public has access or wherein the public is served.

FLOOR AREA RATIO (FAR) — The ratio between the gross floor area, as defined by this chapter, of all buildings and structures on a particular lot or parcel and the total land area of that lot and/or parcel. Where a City boundary line divides a lot, the "FAR" shall be the ratio between that portion of the gross floor area which is located within the boundaries of the City of Waltham and that portion of the total land area which is located within the City of Waltham.

FRONT YARD — The required setback extending across the entire width of the lot between the street line and the required setback line.

FRONTAGE — The width of a lot measured along a public street or private way.

GRADE — The average elevation of the finished ground level along the perimeter of a building, measured at twenty-foot intervals. Further, for the purposes of this chapter, there shall be a maximum berming height of six feet within 50 feet of any affected foundation wall for nonresidential structures and a maximum berming height of six feet within 15 feet of residential structures.

HALF STORY — Any story which is under a pitched roof where the point of intersection of the tops of the rafters and the face of the wall is less than three feet above the floor level.

HEIGHT OF BUILDING — The vertical distance allowed for all structures in each zoning district above the average existing elevation of a lot or parcel of land, the average existing elevation being the average of the aggregate averages of all sides or boundaries. To determine the average elevation of each side or boundary, there shall be a measurement of elevation at each side or boundary angle and at least once every 30 feet between said angles. Further, the determination of the allowed height of a building on any parcel shall be made at the time of application for a building permit. (For permitted superstructure, see Section 4.217.)

JUNK — Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material, not including any item that is or may contain a hazardous material as defined by the Massachusetts DEQE.

LOT — A parcel of real estate as described in a deed or shown on a plan separate from any other parcel, such deed or plan being recorded in the Registry of Deeds or approved by the Board of Survey and Planning and on file with the City Engineer.

LOT LINE — The division between individual lots.

LOT WIDTH — The shortest distance between the side lot lines measured through the front yard setback line.

NONCONFORMING USE — The use of any building, structure or land that does not conform to the regulations of the district in which it is located, provided that such use was in existence and lawful at the time the applicable provisions of this chapter or prior zoning ordinances became effective.

PARKING SPACE — An area exclusive of aisles, maneuvering areas, and driveways for the parking of one motor vehicle. Excluded from this definition are loading areas, drive-through lanes for drive-in customer services, and the area(s) adjacent to fuel pumps at a retail gasoline station at which motor vehicles can conduct refueling, whether they are doing so or not, excluding currently existing parking uses.

PRINCIPAL BUILDING — Any building in which the predominant use of the lot is contained.

PRINCIPAL USE — The primary use to which the premises are devoted and the main purpose for which the premises exist.

REAR LOT LINE — The lot line opposite the street line, except that in the case of a corner lot, the rear lot line shall be the line opposite the street line of the street on which the principal building faces. In exceptional cases which do not fall within this rule, the rear lot line shall be determined by the Inspector of Buildings.

REAR YARD — The required setback extending across the entire width of the lot between the rear lot line and that part of the principal building which is nearest said rear lot line.

RECORD or RECORDED — Title to a lot as disclosed by a deed recorded in the Middlesex County Registry of Deeds or a certificate of title issued by the Land Court section of such registry, or record title disclosed by any and all pertinent public records.

REHABILITATION — The complete restoration or reconstruction of at least 80% of all interior spaces and utilities within a structure. This definition shall not apply to structures contained on any local, state or federal list or register of historic structures.

RENEWABLE AND ALTERNATIVE ENERGY — Energy technologies including the following: solar (photovoltaic and thermal energy), wind, biomass power conversion or thermal technologies, including wood pellets, ultra-low-emissions high-efficiency wood pellet boiler and furnaces, low-impact hydro (electric and kinetic), ocean thermal (wave or tidal), geothermal, landfill gas, fuel cells that use renewable energy, advanced biofuels, combined heat and power, electric- and hydrogen-powered vehicles and associated technologies, including advanced batteries and recharging stations.

SETBACK — The required minimum distance from the lot line or street line to the nearest part of the structure. For the purposes of this chapter, fences, retaining walls, flagpoles and front entrance steps shall not be subject to setback requirements.

SIDE YARD — The required setback within the lot, beginning at each side lot line and extending toward the parts of the building nearest such side lot line. On the corner lot, the line of the street forming the intersection with the street on which the building fronts shall be considered the street line. Side yards of corner lots shall comply with setback requirements applicable to existing buildings on the side street.

SIGN — See Article VI entitled "Special Provisions Relating to Signs."

STORY — That part of a building between any floor and the floor or roof next above. For the purpose of this chapter, where a building is not divided into stories, a "story" shall be considered up to 15 feet in height. See Section 4.217, Height exceptions.

STREET — A way, whether public or private, used or dedicated for use for purposes of passage, and including streets, avenues, boulevards, parkways, alleys, lanes and viaducts.

STREET LINE — The dividing line between a street and adjacent land.

STRUCTURE — A combination of materials, assembled together to give support or shelter. The term "structure" shall include a building, framework, retaining wall, tent, reviewing stand, freestanding dish antenna, platform, bin, fence, swimming pool, trailer, sign, flagpole, mast for radio antenna or the like and shall be construed, where the context allows, as though followed by the words "or part or parts thereof." Ornamental garden fences erected or placed on the interior of a lot shall not be considered as "structures."

TRANSFER STATION — A handling facility where material is 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.

MULTIFAMILY TOWNHOUSE OR MULTIFAMILY ROWHOUSE — A single structure consisting of no less than three and no more than six dwelling units having one or more walls abutting with another dwelling and designed to have at least one first floor door leading from each individual unit to the outside of the building. In no case shall any multifamily townhouse or multifamily rowhouse structure contain more than six units.

STRUCTURED PARKING — A structure connected to or constructed as an integral part of a residential, commercial, or mixed-use residential/commercial building and used for the parking of motor vehicles, where such parking is accessory to the use or uses contained in said residential and/or commercial buildings.

USABLE OPEN SPACE — Areas open and unobstructed to the sky that can be used for active or passive recreation purposes. Benches, walkways, pools, atriums, trees, flagpoles, sculpture and similar structures or entities shall not be considered obstructions.

YARD WASTE — Deciduous and coniferous seasonal deposition (e.g., leaves), grass clippings, weeds, hedge clippings, garden materials and brush.

BODY ART — The practice of physical body adornment by permitting establishments and practitioners using, but not limited to, the following techniques: body piercing (excluding piercing of the earlobe with a presterilized single-use stud-and-clasp system manufactured exclusively for ear piercing), tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Massachusetts Board of Registration in Medicine, such as implants under the skin, which are prohibited.

BODY ART ESTABLISHMENT — A location, place, or business that has been granted a permit by the Waltham Board of Health, whether public or private, where the practices of body art are performed, whether or not for profit.

CIGARETTE – Shall be defined as that term that is defined in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq.

E-CIGARETTE — An electronic cigarette or e-cigarette is a handheld electronic device that simulates the feeling of smoking by heating a liquid to generate an aerosol, commonly called a "vapor," which the user inhales.

ELECTRONIC SMOKING DEVICE — Any product that can deliver nicotine or other substance to the user through inhalation of vapor. Electronic smoking device includes:

SMOKING DEVICES — Shall include any of the following:

TOBACCO PRODUCT — Shall include any of the following:

VAPING — The act of inhaling and exhaling the aerosol, often referred to as vapor, which is produced by an e-cigarette or similar device.