To promote the more efficient use of land in harmony with its natural features.

To encourage the preservation of open space.

To permit greater flexibility and more attractive, efficient and economical design of residential and commercial developments.

To facilitate economical and efficient provision of utilities.

Application. Any person who desires a special permit for a single-family or multifamily PR shall submit an application consistent with Sections 3.51 (Procedures), 3.52 (Development prospectus comments) and 3.53 (Determinations), as applicable.

Preapplication meeting. The City Council shall follow all the rules and regulations set forth in this chapter for the granting of a special permit. However, the applicant is encouraged to submit a preliminary plan and to schedule a preapplication conference to discuss the proposed PR with the Board of Planning and Survey before the submission of the special permit application and supporting documents.

Allowable parcel size. For each application for a special permit, the applicant must have a parcel, in single or consolidated ownership at the time of application, which is at least five acres in the Residence A-1 and/or Residence A-2 Districts and which has a minimum frontage of at least 100 feet.

Allowable uses. The following principal uses are allowed in a planned residential development: single-family detached houses and residential structures with up to four dwelling units per structure, utilizing common wall construction; church or other religious purposes; agriculture on parcels greater than five acres; public parks; conservation area and preserved open space; and membership clubs for the exclusive use of the residents of the development.

Dimensional regulations for single-family detached planned residential development.

Dimensional regulations for multifamily planned residential development.

Parking requirements. For all planned residential developments, off-street parking shall be required at a rate of two parking spaces per dwelling unit.

Usable open space. Usable open space shall be defined as the part or parts of land within the PR which are reserved for permanent open space. This space shall exclude parking areas, but include required setbacks and walkways. The usable open space shall be open and unobstructed to the sky; however, trees, plantings, arbors, flagpoles, sculptures, fountains, swimming pools, gazebos, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions.

Calculation of allowable residential density for single-family and multifamily residential projects. The allowable number of dwelling units for any planned residential project shall be no more than the number of dwelling units that can be attained by dividing the minimum required lot size of the underlying zone by the total parcel size.

Parcel size. For each application for a special permit, the applicant must have a parcel, in single or consolidated ownership, which is at least 50,000 square feet in the Business B Zone.

Dimensional regulations: consistent with the dimensional requirements for the Business B District as provided in this chapter, and further, that all residential uses be set back 10 feet from the exterior of any portion of the structure used for commercial purposes (not including balconies).

Allowable uses: residential and commercial uses as allowed in the Business B Zone, excluding drive-in retail or service businesses.

Relation to the Traffic Safety and Infrastructure Maintenance Fund ("fund"). Consistent with this chapter, application for a PUD shall be subject to the requirements of the "fund" for all floor area ratios above 0.5 (the as-of-right FAR in the Business B District).

Parking requirements. For all PUD's, off-street parking shall be required at a rate consistent with the individual uses listed in Section 5.2 of this chapter.

Open space requirements. Open space requirements shall be provided at a rate consistent with Section 3.537 of this chapter and shall also be defined by said section. However, to provide reasonable incentives for PUD development, balcony space attached to residential units, landscaped roof areas and all internal recreation facilities (pools, exercise rooms, courtyards, atriums, health clubs, meeting rooms and similar facilities) shall be allowed to be calculated as part of the required open space.

Calculation of allowable density and density of uses. The maximum development density shall not exceed an FAR of 2.5 for all uses; and the calculation of FAR shall not include balcony and other space provided as open space. See Section 8.356 above. There shall be no regulation of the commercial/residential mix beyond the requirements of Sections 8.3532 and 8.3533.

District boundary determination. In the event of a conflict between the written boundary description and the Riverfront Overlay District Map, the provisions of the written description shall control. Where the written description is not clear, the provisions of Sections 3.142 through 3.145 shall govern.

To permit the orderly redevelopment of the riverfront area and associated neighborhoods regardless of the various underlying zoning districts.

To provide the opportunity for residential and mixed-use developments that will allow for more efficient and sensitive use of land generally associated with the Charles River riverfront.

To provide for greater flexibility in site planning and design than would be permitted by the underlying zoning districts.

To promote development that is compatible with a riverfront setting and all surrounding neighborhoods.

To promote increased public access, public views and public holdings along the banks of the Charles River.

To promote the development of a continuous riverfront walkway along the Charles River.

To promote the production of housing that is affordable to low and moderate income households in the City of Waltham.

To promote redevelopment of specific portions of the community consistent with adopted land use and master plans.

Applicability. An application for a Riverfront Overlay District special permit may be allowed for parcels of land that are within the Riverfront Overlay District as designated on the City of Waltham Zoning Map.

Permit authority and procedure. The City Council shall be designated as the special permit granting authority and shall grant special permits consistent with the procedures set forth in MGLA c. 40A, Section 9, and the conditions set forth in Section 3.5 of this chapter for special permits related to an increase in intensity of use. An applicant is encouraged to request a preapplication conference with the Planning Department to review the proposed project and the requirements of this section. An applicant for a Riverfront Overlay District special permit shall file a development prospectus as required in Section 3.5 and, further, shall submit a copy of the proposed site plan and plan for signs to the Waltham Planning Department at the time the application is filed with the City Clerk. The Planning Department shall have 35 days from the date of filing with the City Clerk to forward any comments and recommendations in writing to the applicant and City Council. The failure of the Planning Department to make comments or recommendations within said 35 days shall be deemed to be lack of opposition to the application.

Traffic Safety and Infrastructure Maintenance Fund ("fund"). The City of Waltham is willing to waive certain special permit requirements, as specified elsewhere in this section and in Section 8.435, in order to create incentives for redevelopment in portions of the Riverfront Overlay District, for which the underlying zoning is Business B. Therefore, applications for a Riverfront Overlay District special permit on parcels whose underlying zoning is Business B shall not be subject to those requirements of Section 3.5 pertaining to the Traffic Safety and Infrastructure Maintenance Fund ("fund") fees. For all other areas within the overlay district, the "fund" requirements shall apply except as provided in Section 8.435.

Affordable housing criteria. As part of the conditions of a special permit, the City Council shall require the applicant to meet affordable housing requirements in accordance with the provisions of Article IX of this chapter.

Relationship of the Traffic Safety and Infrastructure Maintenance Fund ("fund") and the affordable housing criteria. In instances where an application would be subject to both the "fund" and affordable housing requirements, the City Council may waive the requirements of the Traffic Safety and Infrastructure Maintenance Fund if it finds that the need for affordable housing outweighs the need to require the applicant to make a payment into the "fund".

Uses in underlying districts. Any use permitted in the underlying district shall continue to be permitted consistent with the regulations of the underlying district. The Riverfront Overlay District shall in no manner infringe upon the zoning rights or requirements inherent in the underlying district unless and until the owner of the property elects to and receives a Riverfront Overlay District special permit.

Reversion to prior zoning status. Once a special permit has been granted and the project constructed, the site shall be subject to the requirements of the special permit. In the event of a lapse, abandonment, discontinuance or revocation of an overlay special permit, the property would once again become subject to the requirements of the underlying district.

Residential uses. Owners of property within the Riverfront Overlay District may apply for a special permit to construct up to the maximum FAR allowed, as defined in Section 8.451, single, two-family and multifamily developments without any requirements for nonresidential use.

Mixed use. Owners of property within the Riverfront Overlay District may apply for a special permit to allow mixed-use development. Said development shall permit retail stores, restaurants, business offices, personal service establishments and all residential uses permitted by this chapter, except that drive-in customer services (Section 3.225), fast-food establishments (Section 3.229), used car lots (Section 3.240), new car dealerships, retail gasoline stations (Section 3.227) and autobody shops (Section 3.253) are prohibited. Further, the total square feet devoted to nonresidential uses shall not exceed 20% of the total gross floor area of the project, excluding basement parking areas. However, in order to promote commercial redevelopment in the downtown area, projects shall be permitted to include the nonresidential uses allowed in the underlying business district; except that retail gasoline stations and used car lots shall be prohibited. Further, projects whose underlying zoning district is Business B or Business C shall not be subject to the twenty-percent nonresidential development limitation noted above.

Rehabilitation of existing structures. For the purpose of the Riverfront Overlay District, "existing structures" shall mean structures in existence as of the date of adoption of this Riverfront Overlay District. Owners of existing structures may apply for a special permit to rehabilitate said structures as either mixed-use or residential projects consistent with Sections 8.443 and 8.444 above.

Maximum floor area ratio (FAR). Projects developed using a Riverfront Overlay District special permit shall be subject to the following FAR criteria: projects with a lot area between 25,000 and 40,000 square feet shall have a maximum floor area ratio of 1.0; projects with a lot area over 40,000 square feet but less than 80,000 square feet shall have a maximum floor area ratio of 1.5; projects with a lot area of 80,000 square feet or more shall have a maximum floor area ratio of 2.0. However, existing structures whose FAR exceeds the FAR criteria listed in this section may be rehabilitated and re-used for residential or mixed-use purposes, upon approval of the City Council, if the Council determines that rehabilitation of said structure will not adversely affect the surrounding neighborhood.

Maximum height. No structure built as a result of a Riverfront Overlay District special permit shall be higher than 65 feet or six stories, whichever is less. However, existing structures rehabilitated and re-used for residential or mixed-use purposes, whose existing height exceeds 65 feet, may be permitted upon approval of the City Council, if the Council determines that rehabilitation of said structure will not adversely affect the surrounding neighborhood.

Lot coverage. The structure or structures of any new development shall not exceed a total lot coverage of 40%; parking areas, parking structures and recreational structures, including but not limited to swimming pools and tennis courts, shall not be included in the calculation of the permitted lot coverage. Lot coverage requirements shall not apply to existing structures proposed for rehabilitation and re-use.

Minimum lot size: 25,000 square feet.

Minimum lot frontage: 50 feet.

Minimum setbacks: 10 feet from all public and private rights-of-way for new construction. This requirement shall not be applicable to existing structures if existing building footprints are within 10 feet of the right-of-way. However, this requirement shall be applicable to existing structures if the required setback is in existence as of the date of the filing for a Riverfront Overlay District special permit.

Minimum open space.

Parking requirements.

Signs. A plan for signs shall be submitted to the City Council for approval. The Council shall grant approval of the plan for signs only after it is satisfied that said plan for signs will not derogate from the quality of the surrounding neighborhood and is consistent with the sign regulations of this chapter.

General site plan criteria.

Location of residential uses. For newly constructed or rehabilitated mixed-use projects, only residential uses shall be allowed on the second through sixth stories. This restriction shall not apply to mixed-use projects with Business B as the underlying zoning district.

Setbacks for residential uses. No newly constructed residential use shall be located within 40 feet of any existing structure located off-site; further, any residential use located more than 35 feet above the existing grade shall be set back at least 65 feet from any existing structures located off-site.

Uses allowed on each floor. No floor shall have both residential and commercial uses. Further, residential uses shall not be allowed on any floor that permits a portion of said floor to be used for parking purposes.

Separation of entrances. Entrances and exits for residential uses shall be separate and distinct from all commercial entrances and exits. In no instance shall joint entrances be permitted.

Additional setbacks for vertical mixed-use. Residential uses located above commercial uses may be required to be set back up to an additional 10 feet from the front and rear exterior building line of the structure used for commercial purposes. However, the criteria of this subsection shall not apply to existing structures rehabilitated and re-used for mixed-use purposes that cannot meet the requirements of this subsection.

Requirements for horizontal mixed-use. Where a mixed-use development would create separate exclusive residential and exclusive commercial structures on one lot, the structures used for residential purposes shall be at least 65 feet from any structure used for commercial purposes. The total amount of required open space shall be consistent with the open space requirements of Section 8.457. The total combined FAR for all structures on the lot shall not exceed the FAR ratio permitted (see Section 8.451). All other dimensional requirements shall be met in accordance with Section 8.4.

In order to establish a Riverfront Overlay District that encompasses most of the Charles River riverfront in Waltham and is sensitive to the variety of development and neighborhoods contained within said area, the City of Waltham establishes the following site plan objectives to serve as guidelines during the special permit review process. The guidelines are expressed as general site plan objectives for eight subsections of the Overlay District, and in no instance should they be construed as specific special permit conditions. Each subsection represents a substantially different neighborhood or development area within the Overlay District. Please refer to the Riverfront Overlay District Subsection Map in the Waltham Planning Department, the Building Department or the City Clerk's Office for the specific locations of the generally described subsections listed below. It is intended that in addition to other site plan and special permit issues that may be addressed during the review of any special permit application, the applicable site plan objectives of Sections 8.481 through 8.488 shall be addressed by the City Council during the special permit review process.

Additionally, the site development criteria described in Section 8.5 represents the City's site development criteria for all riverfront parks or walkways. Unless the applicant can show site conditions that effectively preclude their use, the site development criteria of Section 8.5 shall be considered the City's riverfront park and walkway development standards. In instances where the City Council agrees that the site development criteria are inappropriate, the Council shall recommend site development criteria specific to the site under review.

Further, if the City Council chooses not to require any or all of the applicable site plan objectives listed in Sections 8.481 through 8.488, the City Council shall state its reasons, in writing, as part of its special permit decision if a special permit is granted.

District boundary determination. In the event of a conflict between the written boundary description and the Limited Commercial Revitalization Area Overlay District Map, the provisions of the written description shall control. Where the written description is not clear, the provisions of Sections 3.142 through 3.145 shall govern.

To permit the orderly redevelopment of the area within the Limited Commercial Revitalization Area Overlay District.

To provide the opportunity for commercial and mixed-use developments that will allow for more efficient and sensitive use of land generally associated with the Limited Commercial District.

To provide for greater flexibility in site planning and design than would be permitted by the underlying zoning district.

To promote development that is compatible with a Limited Commercial Revitalization Area setting and all surrounding neighborhoods.

To promote redevelopment of specific portions of the community consistent with adopted land use and master plans.

Applicability. An application for a Limited Commercial Revitalization Area Overlay District special permit may be allowed for parcels of land that are within the Limited Commercial Revitalization Area Overlay District as designated on the City of Waltham Zoning Map.

Permit authority and procedure. The City Council shall be designated as the special permit granting authority and shall grant special permits consistent with the procedures set forth in MGLA c. 40A, Section 9, and the conditions set forth in Section 3.5 of this chapter for special permits related to an increase in intensity of use. An applicant must request a pre-application conference with the Planning Department to review the proposed project and the requirements of this section. The Planning Department may require additional pre-application conferences with other City Departments including but not limited to the Transportation Department and the Engineering Department. An applicant for a Limited Commercial Revitalization Area Overlay District special permit shall file a development prospectus as required in Section 3.5 and, further, shall submit a copy of the proposed site plan and plan for signs to the Waltham Planning Department at the time the application is filed with the City Clerk. The Planning Department, and any other department with whom the applicant has had a preapplication conference, shall have 35 days from the date of filing with the City Clerk to forward any comments and recommendations in writing to the applicant and City Council. The failure of said departments to make comments or recommendations within said 35 days shall be deemed to be lack of opposition to the application.

Traffic Safety and Infrastructure Maintenance Fund (fund). Applications for a Limited Commercial Revitalization Area Overlay District special permit shall be subject to all requirements of Section 3.5 pertaining to the Traffic Safety and Infrastructure Maintenance Fund (fund) fees.

Transportation Planning. An applicant for a Limited Commercial Revitalization Area Overlay District special permit shall submit with the Development Prospectus a proposed plan to address transportation or any other impacts of the proposed project as identified by the City during the pre-application process.

Uses in underlying district. Any use permitted in the underlying district shall continue to be permitted consistent with the regulations of the underlying district. The Limited Commercial Revitalization Area Overlay District shall in no manner infringe upon the zoning rights or requirements inherent in the underlying district unless and until the owner of the property elects to and receives a Limited Commercial Revitalization Area Overlay District special permit.

Reversion to prior zoning status. Once a special permit has been granted and the project constructed, the site shall be subject to the requirements of the special permit. In the event of a lapse, abandonment, discontinuance or revocation of an overlay special permit, the property would once again become subject to the requirements of the underlying district.

Mixed use. Owners of property within the Limited Commercial Revitalization Area Overlay District may apply for a special permit to allow mixed-use development. In addition to the uses allowed in the Limited Commercial District, permitted uses within such a development, when approved as part of the special permit, shall also include retail stores and restaurants, provided that the total gross floor area for all retail uses shall not exceed 20% of the gross floor area of the development, and further provided that the total gross floor area for all restaurant uses shall not exceed 5% of the gross floor area of the development. In addition, uses allowed by special permit in the Limited Commercial District may be allowed as part of a mixed-use development when a special permit for that use has been granted by the City Council in accordance with the applicable special permit provisions for said use, provided that the total gross floor area for such uses shall not exceed 5% of the gross floor area of the development, and further provided that when combined with the gross floor area for all retail use and restaurant uses, the total gross floor area for all such uses combined shall not exceed 25% of the gross floor area of the development. For any development constructed under the provisions of this section, in no case shall the total gross floor area for all retail uses contained therein exceed 75,000 square feet, nor shall the total gross floor area of any single retail establishment exceed 40,000 square feet.

Revitalization and modernization of existing aged buildings. For the purpose of the Limited Commercial Revitalization Area Overlay District, the following terms shall have the following meanings: "Existing building" shall mean any building in existence as of the date of adoption of this Limited Commercial Revitalization Area Overlay District; "Aged building" shall mean any building that is more than 35 years old or, in the case of a building of which part of the structure is 35 years old or less, where 80% or more of the total gross floor area of the building is more than 35 years old; "Revitalization and modernization" shall mean substantial rehabilitation of an existing aged building or buildings, or a complete demolition and removal of said building or buildings followed by replacement with new construction, or any combination thereof. Owners of existing structures may apply for a special permit to revitalize and modernize existing aged buildings for uses allowed in the underlying district, or as a mixed-use development consistent with Section 8.643 above.

Maximum floor area ratio (FAR). Projects developed using a Limited Commercial Revitalization Area Overlay District special permit shall be subject to the following FAR criteria: In connection with its granting of a Limited Commercial Area Revitalization Overlay District special permit, the City Council may increase the Floor Area Ratio up to 1.2. However, existing buildings whose FAR exceeds the FAR criteria listed in this section may be rehabilitated and reused for mixed-use purposes, not to exceed the existing FAR (floor area ratio), upon approval of the City Council, if the Council determines that rehabilitation of said structure will not adversely affect the surrounding neighborhood.

Dimensional relief. In granting a Limited Commercial Revitalization Area Overlay District special permit the City Council may, in addition, grant a special permit adjusting the dimensional requirements of Section 3.5 and Article IV, Sections 4.1 and 4.2, and Section 4.11, Table of Dimensional Regulations, subject to the following limits:

Maximum height. No structure built as a result of a Limited Commercial Revitalization Area Overlay District special permit shall be higher than 75 feet or six stories, whichever is less. However, existing buildings rehabilitated and reused under a Limited Commercial Revitalization Area Overlay District special permit, whose existing height exceeds 75 feet, may be permitted upon approval of the City Council, not to exceed the height of existing building, if the Council determines that rehabilitation of said structure will not adversely affect the surrounding neighborhood.

Lot coverage. The structure or structures of any new development shall not exceed a total lot coverage of 50%. Parking areas, parking structures and recreational structures, including but not limited to swimming pools and tennis courts, may be excluded by City Council in the calculation of the permitted lot coverage. However, existing structures rehabilitated and reused under a Limited Commercial Revitalization Area Overlay District special permit, whose existing lot coverage exceeds 50%, may be permitted upon approval of the City Council, if the Council determines that rehabilitation of said structure will not adversely affect the surrounding neighborhood.

Minimum setbacks: In addition to the minimum setbacks provided for in Section 8.652, the following minimum setbacks shall apply to all projects constructed under a Limited Commercial Revitalization Area Overlay District special permit.

Parking requirements. The parking requirements for development pursuant to a Limited Commercial Revitalization Area Overlay District special permit shall conform to the parking requirements set forth in Section 5.2 of this chapter.

Signs. A plan for signs shall be submitted to the City Council for approval. The Council shall grant approval of the plan for signs only after it is satisfied that said plan for signs will not derogate from the quality of the surrounding neighborhood and is consistent with the sign regulations of this chapter.

The site is well served by existing highway infrastructure;

The site is an appropriate location for more intense development to promote jobs, municipal tax revenue, or other public benefits for the City of Waltham;

The project is appropriate to revitalize the existing aging commercial building infrastructure of the City of Waltham located along the Route 128 Corridor;

Any retail and/or restaurant uses included within the project will enhance the quality of the development for its occupants and visitors or the residents of the City of Waltham; and

The special permit may be granted without resulting in substantial detriment to abutting properties or the neighborhood.

District boundary determination. In the event of a conflict between the written boundary description and the Limited Commercial Residential Area Protection Overlay District Map, the provisions of the written description shall control. Where the written description is not clear, the provisions of Sections 3.142 through 3.145 shall govern.

To protect and preserve the residential neighborhoods which abut the Limited Commercial Residential Area Protection Overlay District;

To promote development that is compatible with the Limited Commercial Residential Area Protection Overlay District and the surrounding residential neighborhoods;

To promote the orderly rehabilitation and/or demolition of existing aged buildings in the Limited Commercial Residential Area Protection Overlay District by permitting their rehabilitation, or their reconstruction, or construction of new buildings in place thereof, without significantly reducing open space or significantly impacting traffic in the area; and

To provide for greater flexibility in site planning and design than would be permitted by the underlying Limited Commercial Zoning District.

Applicability. An application for a Limited Commercial Residential Area Protection Overlay District special permit may be allowed for any building that is within the Limited Commercial Residential Area Protection Overlay District as designated on the City of Waltham Zoning Map, provided:

Permit authority and procedure.

Traffic Safety and Infrastructure Maintenance Fund. Applications for a Limited Commercial Residential Area Protection Overlay District special permit shall be subject to all requirements of Section 3.5 pertaining to the Traffic Safety and Infrastructure Maintenance Fund fees.

Transportation planning. An applicant for a special permit hereunder shall submit with the development prospectus a proposed plan to address transportation or any other impacts of the proposed project as identified by the City departments during the preapplication process.

Only uses which are allowed in the Limited Commercial Zoning District shall be allowed in the Limited Commercial Residential Area Protection Overlay District.

Once a special permit has been granted and the project constructed, the site shall be subject to the requirements of the special permit. In the event of a lapse, abandonment, discontinuance or revocation of an overlay special permit, the property shall once again be subject to the requirements of the underlying district.

Maximum floor area ratio (FAR). Projects developed using a Limited Commercial Residential Area Protection Overlay District special permit shall be subject to the following FAR criteria:

Dimensional requirements in a Limited Commercial Residential Area Protection Overlay District.

Floor area ratio (FAR). Existing aged buildings revitalized and modernized under a Limited Commercial Residential Area Overlay District special permit, whose FAR exceeds 1.20, may be permitted to maintain a FAR up to the existing FAR after revitalization and modernization, provided the City Council, as part of the special permit hereunder, determines that the revitalization and modernization of said existing aged building will not adversely affect the surrounding residential neighborhoods.

Lot coverage. The structure or structures of any new development shall not exceed a total lot coverage of 50%. Parking areas, parking structures and recreational structures, including but not limited to swimming pools and tennis courts, may be excluded by City Council in the calculation of the permitted lot coverage. However, existing structures rehabilitated and reused under a Limited Commercial Residential Area Protection Overlay District special permit, whose existing lot coverage exceeds 50%, may be permitted upon approval of the City Council, if the Council determines that rehabilitation of said structure will not adversely affect the surrounding neighborhood.

No surface parking shall extend within 15 feet of any residential zoning district lot line and/or lot line of any property used for residential purposes.

The minimum setback for a parking garage, whether underground or above ground, from a principal residential building, shall be no less than 500 feet, provided the City Council may, as part of the grant of this Limited Commercial Residential Area Protection Overlay District special permit, allow the garage to be located closer than 500 feet from any principal residential building if, and only if, as part of this special permit, the City Council first determines that the location will not affect the surrounding residential neighborhood. However, in no event shall the City Council locate the garage any closer than 300 feet from any principal residential building.

Underground parking. Where a parking structure, or any portion thereof, is constructed below the existing grade, so as not to be visible from any abutting commercial property or any public or private way, the City Council may, as part of the grant of this Limited Commercial Residential Area Protection Overlay District special permit, allow said garage to be located within the minimum distances between buildings on the same lot, and to be located within 15 feet of any front, side or rear yard, provided that in no case shall such a parking structure be located within 500 feet of a principal residential structure, unless it has been allowed to be so located under Section 8.77(c) hereof.