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.
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.
[Amended 5-23-1994 by Ord. No. 27732; 3-28-1995 by Ord. No. 27884]
(1) ADULT BOOKSTORE - An establishment which has more than 10% of its gross floor area or a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, Section 31.
(2) ADULT MOTION-PICTURE THEATER - An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, Section 31.
(3) ADULT PARAPHERNALIA STORE - An establishment which has more than 10% of its gross floor area or a substantial or significant portion of its stock devices, objects, tools or -toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c 272, Section 31
(4) ADULT VIDEO STORE - An establishment which has more than 10% of its gross floor area or a substantial or significant portion of its stock-in-trade videos, movies or other film material which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c 272, Section 31 and as set forth hereunder.
(a) SEXUAL CONDUCT -- Human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
(b) SEXUAL EXCITEMENT - The condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
(5) If any clause, section or other part of tins ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby, but shall remain in full force and effect
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 vanes 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. [Added 5-13-1996 by Ord. No. 28125]
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) [Amended 6-27-1994 by Ord. No. 27756]
BUFFER ZONE - Areas of land maintained in a landscaped fashion or in a natural state that are open, unpaved, inbuilt 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 winch have proceeded to completion within a reasonable tune. [Amended 6-27-1994 by Ord. No. 27756]
BUILDING LINE - A line in accordance with the dimensional criteria established by tins 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. [Amended 6-27-1994 by Ord. No. 27756]
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 ) [Amended 6-27-1994 by Ord. No. 27756]
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 [Added 5-13-1996 by Ord. No. 28125]
COMPOSTING - A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used [Added 5-13-1996 by Ord. No. 28125]
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 Much it is located
CONVENIENCE FOOD STORE - A retail store 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 [Added 9-25-1991 by Ord. No. 27222]
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 degrees 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 [Amended 2-24-1992 by Ord. No. 27312]
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. [Added 12-23-1991 by Ord. No. 27274]
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 penthouses, all mechanical rooms, 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 [Amended 6-27-1994 by Ord. No. 27756]
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 ]me 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. [Amended 6-10-1991 by Ord. No. 27154]
FRONT YARD - The required setback extending across the entire width of the lot between the street line and the required setback line [Amended 3-25-1968 by Ord. No. 22222]
FRONTAGE - The width of a lot measured along a public street or private way.
GRADE - The average elevation of the finished ground level along each wall of a building. 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 minimum 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
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. [Added 6-25-1990 by Ord. No. 26935]
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 comer lots shall comply with setback requirements applicable to existing buildings on the side street [Amended 3-25-1968 by Ord. No. 222221
SIGN - See Article VI entitled "Special Provisions Relating to Signs " [Amended 12-11-1978 by Ord. No. 244421
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 tern "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. [Added 5-13-1996 by Ord. No. 281251
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 entries shall not be considered obstructions
YARD WASTE - Deciduous and coniferous seasonal deposition (e.g., leaves), grass clippings, weeds, hedge clippings, garden materials and brush [Added 5-13-1996 by Ord. No. 281251
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. [Added 2-26-2001 by Ord. No. 291971
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 [Added 2-26-2001 by Ord. No. 291971
SINGLE-FAMILY DETACHED A detached building designed for or occupied exclusively by one family.
TWO-FAMILY DETACHED A detached building designed for or occupied exclusively by two families.
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.
MULTIFAMILY DWELLINGS A structure for more than two dwelling units under one roof, including row houses, townhouses, garden apartments and apartment houses.
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 cooling 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 [Amended 12-28-1981 by Ord. No. 25046]
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
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.
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
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 one-fourth (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
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 pent 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. [Amended 6-28-1976 by Ord. No. 24054; 6-10-1991 by Ord. No. 27154]
ACCESSORY USES/RESIDENTIAL Accessory uses customarily incidental to any residential use permitted herein, provided that such use shall not include any activity conducted for gam, or any private walk or way giving access to such activity or any activity prohibited under this chapter
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 carved on
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.
INSTITUTIONAL USES :
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
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
MUNICIPAL BUILDINGS : City, federal and state owned structures designed for public administration, services and public safety purposes, except public housing development
CEMETERIES Lands and associated structures used for public and private cemeteries
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.
ASSISTED LIVING FACILITIES [Added 3-3-1999 by Ord. No. 28735]
(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, winch 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 winch 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.
Additional conditions
(h) Ancillary services shall be made available for use and convenience of the residents, guests and staff only of an elderly assisted living unit residence.
(i) Ancillary services located within an assisted living structure shall have no exterior advertising display
(j) Ancillary services are conducted within and may be entered only from within the principal building
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.
MEMBERSHIP CLUBS : Private clubs, sororities, fraternity houses and lodges, provided that the principal activity carried on shall not be conducted for profit. [Amended 8-4-1997 by Ord. No. 28403]
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. [Added 8-4-1997 by Ord. No. 28403]
GARAGE, PUBLIC : Any building for housing of motor vehicles other than a private garage, as defined by Section 3.212.
COMMERCIAL :
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 [Amended 6-27-1994 by Ord. No. 27756; 1-11-1995 by Ord. No. 27853-Al
BODY ART ESTABLISHMENT as defined in Section 2 347, 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) Body art establishments shall comply with Sections 3 51, 3.512, 3.531, 3.533, 3.534, 3.535 and 3.538 of this Zoning Ordinance.
(2) Body art establishments shall not be considered a customary home occupation as defined by Section 3.611 of this Zoning Ordinance.
(3) Body art establishment shall not be located in any residence or in any establishment where liquor is sold or consumed or as an accessory use to any other use permitted in this Zoning Ordinance Body art establishments in a commercial zoning district shall not be located within 300 feet of a residential zoning district
(4) Body art establishments shall in no case operate between the hours of 10:00 p.m and 10:00 am.
(5) Body art establishments shall not be operated without a valid permit from the Board of Health
(6) Notwithstanding any other section of the Zoning Ordinance, body art establishments shall comply with all the dimensional requirements of Article IV of this Zoning Ordinance
(7) Notwithstanding any other section of the Zoning Ordinance, body art establishments shall have a minimum of two parking spaces unless there is a public parking lot within 500 feet wherein this section shall be waived.
(8) Notwithstanding any other section of the Zoning Ordinance, body art establishments shall comply with all the sign provisions of Article VI of this Zoning Ordinance as a business establishment.
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.
BUSINESS AND PROFESSIONAL OFFICES AND BANKS : Buildings where offices are used for a general range of business services, including banking, but specifically excluding drive-m banking facilities, manufacturing and manufacturing related activities
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-m customer service
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. [Amended 9-13-1982 by Ord. No. 25180]
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 [Added 6-10-1991 by Ord. No. 27154; amended 8-4-1997 by Ord. No. 28403]
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. [Added 8-4-1997 by Ord. No. 28403]
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. [Added 8-4-1997 by Ord. No. 28403]
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 sty shall be allowed but shall require a special permit from the City Council.
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 waters 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
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 farmer's brewers statutes, 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 waters 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 rime 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 [Added 5-22-1995 by Ord. No. 27909]
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 as 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. [Amended 5-12-1986 by Ord. No. 25929; 8-1-1994 by Ord. No. 27790; 4-24-2000 by Ord. No. 28983]
TAVERNS : Establishments for the dispensing of alcoholic beverages such as bars, cocktail lounges and similar establishments which are licensed to dispense alcoholic beverages. [Amended 12-9-1991 by Ord. No. 27265)
CATERING ESTABLISHMENTS . Establishments whose primary activity is wholesale preparation of food to be consumed off the premises.
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
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
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
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.
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
CAR WASH : an establishment where motor vehicles are washed by mechanical or manual means; also see Section 3 225.
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
OFF-STREET PARKING (See Article V.) Areas, whether publicly or privately owned, used for the parking of automobiles off the public right-of-way
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
ACCESSORY USES-COMMERCIAL Accessory uses customarily incidental to commercial uses allowed by this chapter, including but not limited to day care, cafeteria and health club facilities for employees only, and further including satellite dish antennas and similar transmission devices used for private business purposes of businesses located on the lot.
INDUSTRIAL:
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
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 rumors, 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.
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.
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.
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
FUEL OIL AND GAS STORAGE Facilities for the storage of natural gas under pressure, gasoline, fuel oil and other petroleum products.
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. [Amended 6-27-1994 by Ord. No. 27756]
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 Tins subsection shall not apply to the storage or display of motor vehicles in connection with the operation of a duly licensed motor vehicle business [Amended 7-16-1964 by Ord. No. 21178]
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. [Amended 6-10.1991 by Ord. No. 27156]
LIGHT MANUFACTURING : The assembly or packaging of products) 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.
RESEARCH LABORATORIES AND STRUCTURES Facilities used for conducting research in bacteriological, chemical, DNA, high-frequency electric, pharmaceutical, plastics 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 [Amended 5-28-1996 by Ord. No. 28135)
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
AUTOBODY SHOP : Establishments for tin knocking, autobody work, autobody painting, paint spraying or interior customizing.
PLASTICS MANUFACTURING - Establishments designed for the processing or manufacturing of plastic and plastic materials
STEAM LAUNDRIES Establishments Much utilize a pressurized process for commercial or industrial cleaning purposes
HELIPORTS-AIRPORTS : Facilities for the operation of an airport for helicopters or any kind of aircraft, commercial or noncommercial.
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.
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.
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. [Added 5-13-1996 by Ord. No. 281251
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 [Added 5-13-1996 by Ord. No. 28125]
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 [Added 5-13-1996 by Ord. No. 281251
AUTOMOBILE RECYCLING CENTER See Junkyard, Section 3 257
ACCESSORY USES-MANUFACTURING Accessory uses customarily incidental to the industrial uses permitted in this chapter; provided, however, that the total floor area allocated to said accessory use or uses shall not exceed 20% of the total floor area of the building or buildings
AGRICULTURE
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
LIVESTOCK FARMS : Land or buildings used for the raising or keeping of poultry, pigeons, fir-bearing animals or any form of livestock or for the maintenance of dog kennels or riding stables
FARM STANDS - A building or stand used for the sale of eggs and agricultural products actually raised or produced on the premises, provided, however, that such building or stand must be located at least 40 feet from any street line and accessible over a private driveway. Advertising signs not more than four square feet in area may be used
CONSERVATION-RECREATION
CONSERVATION, WATER AND WATER SUPPLY AREA Land and accessory buildings maintained for the protection of water, water supply, wildlife, wetlands, water retention and storage.
PUBLIC OUTDOOR RECREATIONAL FACILITIES : Land owned and operated by a governmental agency for playgrounds, parks, nature study areas, arboretums and supporting facilities.
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 [Amended 8-4-1997 by Ord. No. 28403]
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 fastfood restaurants or other retail and service establishments
AREA OF SIGN - Includes all lettering and designs, together with background, but shall not include any supporting or structural framework or bracing The area shall also include any backing of different color than the finish material of the building face If the sign consists of individual letters, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all the letters and symbols
AWNING - Any structure, retractable or not, attached to a building and projecting out from the face of said building, consisting of a metal frame covered with canvas or other durable fabric. An awning shall be considered retractable if so erected as to permit its being retracted to a position flat against the building when not in use. [Amended 5-31-1991 by Ord. No. 27135]
BUILDING
(a) Attached Any building which has one or more sides contiguous to another building so that, together, they form a row or block of buildings
(b) Detached Any building which stands alone, so as to be in no way touching another building.
DIRECTORY SIGN - A sign which combines in one panel the names of several business establishments or activities located in a building or on a premises.
ERECT - Build, construct, attach, hang, place, alter, suspend or affix. Repainting, repairing, maintenance, cleaning or rearranging the letters of a changeable letter sign, not involving structure change, shall not be considered "erection."
FACING - The surface of the sign upon, against or through which the message is displayed or illustrated
INDUSTRIAL PARK - An area of land with buildings devoted to nonresidential uses generally developed by a single developer with the land sold or leased to several owners or tenants
MARQUEE - Any hood, canopy or other permanent nonretractable structure projecting from a building A nonretractable awning shall be considered to be a "marquee" when it protrudes more than three feet from the facade of the building [Amended 5-13-1991 by Ord. No. 27135]
PERSON - Any person, firm, partnership, association, corporation or company organization of any kind
SHOPPING CENTER - For the purpose of this chapter, "shopping center" shall mean a group of stores, shops, restaurants and offices or similar activities generally developed as a single unit with a common parking area available to the customers or visitors to the various activities present
SIGN (in general) - Any announcement, declaration, illumination, demonstration, display, illustrations or insignia used to advertise or identify any person, premises or product when the same is in view of the public For definition of particular types of signs, see the specific provisions hereinafter established and respectively applicable thereto
WINDOW SIGNS - Any sign visible through a window and located within 10 feet of the window, whether attached to, hanging behind, wall attached or standing on a shelf or sill.
WINDOW ADHESIVE SIGNS - Any sign which is attached to a window pane by tape, glue or transfer methods, and whether permanently attached or not
WINDOW CARD SIGNS - Any sign which is part of or attached to a card set up inside a window on a sill, shelf or other support with the intention of being viewed from outside the window.
WINDOW HANGING SIGNS - Any sign which is hung from the overhead inside any window with the intention of being viewed from outside the window.
WALL ATTACHED SIGN - Any sign which is attached to an interior wall with the intention of being viewed from outside a window.
ABOVE GROUND LEVEL (AGL) - A measurement of height from the natural grade of the location of the wireless communication equipment to the highest point of the structure
ANTENNA - A device, usually a metal rod, dish or panel, for receiving and transmitting electromagnetic signals, including, but not limited to, radio, video, telephone or data transmissions
CAMOUFLAGED - Wireless communication equipment that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered camouflaged.
FACADE-MOUNTED WIRELESS COMMUNICATION EQUIPMENT Wireless communication equipment that is attached to a vertical wall, exterior surface or ornamental surface, other than the roof, of a building or structure.
FALL ZONE - The area on the ground within a prescribed radius from the base of wireless communication equipment. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
GUYED TOWER - A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
INTERIOR-MOUNTED WIRELESS COMMUNICATION EQUIPMENT Wireless communication equipment that is wholly within a building or structure.
LATTICE TOWER - A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel
MONOPOLE - The type of mount that is self-supporting with a single shaft of metal or concrete and a platform (or racks) for panel antennas arrayed at the top, except for wood shaft mounts, which are not allowed
ROOF- OR TOP-MOUNTED WIRELESS COMMUNICATION EQUIPMENT - Wireless communication equipment that is attached to the primary roof of the building or roof structure, top of a water tank, chimney, utility pole or power line structure steeple
WIRELESS COMMUNICATION EQUIPMENT - A device or other apparatus, fixed at a location, for transmission and reception of telecommunications that performs the function of antennas, together with any supporting structures, equipment and facilities ancillary and/or necessary thereto, including, but not limited to, panel antennas, whip antennas, freestanding monopoles, dish and cone shaped antennas, satellite earth station antennas, personal wireless communication systems facilities, paging service facilities, cellular telephone service facilities, mobile radio service facilities and related equipment boxes
CITY : The City of Waltham
BOARD : The Board of Survey and Planning of the City of Waltham
BOARD OF HEALTH : The Board of Health of the City of Waltham
DEPARTMENT OF PUBLIC WORKS : City of Waltham Department of Public Works
CITY ENGINEER : The Engineering Department of the City of Waltham
SUBDIVISION : A division of land into two or more lots in such a manner as to constitute a Subdivision as defined in Section 81-L, Chapter 41 of the General Laws.
APPLICANT : Any person desiring to subdivide said land to open ways for public use in the City of Waltham, including an owner, or his agent or representative, or his assigns.