City of Waltham, MA Article VIII Incentive Zoning

Sec. 8.1 Purpose.

The intent of this Article is to provide incentive zoning techniques that will assist in the revitalization of specific areas of the community and to allow for more environmentally sensitive growth.

Sec. 8.2 Special permit in planned residential.

8.21. Purposes.

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

8.212. To encourage the preservation of open space.

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

8.214. To facilitate economical and efficient provision of utilities.

8.22. Applicability. An application for a planned residential special permit (PR) shall be allowed for parcels of land in the Residence A-1 and A-2 Districts in accordance with the standards set forth in this Article.

8.23. Permit authority. The City Council shall be designated as the special permit granting authority and shall grant special permits for PR's consistent with the procedures as set forth in MGLA c. 40A, Section 9, and the conditions set forth in this Article; said special permit shall be considered as a special permit for use.

8.24. Procedure for approval.

8.241. 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.

8.242. 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.

8.25. Development standards.

8.251. 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.

8.252. 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.

8.253. Dimensional regulations for single-family detached planned residential development.

8.2531. Minimum parcel size: five acres.

8.2532. Individual lot size. Individual lot sizes shall not be less than 1/2 the minimum lot size in the zoning district where the PR is to be located.

8.2533. Lot frontage: 80 feet in the Residence A-1 District; 70 feet in the Residence A-2 District.

8.2534. Side yard setback: 20 feet in the Residence A-1 District; 15 feet in the Residence A-2 District.

8.2535. Rear yard setback: 30 feet in the Residence A-1 District; 30 feet in the Residence A-2 District.

8.2536. Front yard setback: 20 feet in the Residence A-1 District; 20 feet in the Residence A-2 District.

8.2537. Height limitation: 35 feet and 2.5 stories.

8.254. Dimensional regulations for multifamily planned residential development.

8.2541. Minimum parcel size: five acres. (See Section 8.251.)

8.2542. Individual lot size: not required.

8.2543. Individual lot frontage: not required.

8.2544. Setbacks. Each multifamily structure shall be at least 50 feet from any adjacent multifamily structure. Further, each multifamily structure shall have a front yard setback of at least 30 feet from any public or private right-of-way; and in no instance shall structures in a multifamily PR be within 30 feet of any portion of the rear and side boundaries of the parcel, parking areas, roads or driveways.

8.2545. Height limitation: 35 feet and 2.5 stories.

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

8.256. 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.

8.2561. Usable open space for single-family PR's. The minimum usable open space requirement shall be 35% of the total parcel area; and no more than 25% of the total required usable open space shall be wetland.

8.2562. Usable open space for multifamily PR's. The minimum usable open space requirement shall be 60% of the total parcel area; and no more than 25% of the total required usable open space shall be wetland.

8.2563. Open space restrictions. For all PR's, the usable open space shall be owned in common by and readily accessible to the owners of all the units in the PR or by a nonprofit organization or trust whose members are all the owners and occupants of the units or by private organizations such as the Trustees of Reservations whose primary function is the preservation of open space or by the City or otherwise as the City Council may direct. Further, a perpetual restriction of the type described in MGLA c. 184, Section 31 (including future amendments thereto and corresponding provisions to future laws), running to or enforceable by the City shall be recorded in respect to such land. Such restriction shall provide that the usable open space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture or recreation. Such restriction shall be in such form and substance as the City Council shall prescribe and may contain such additional restrictions on development and use of the usable open space as the City Council may deem appropriate.

8.257. 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.

Sec. 8.3 Special permit for planned unit development.

[Amended 6-10-1991 by Ord. No. 27156]

8.31. Purpose: to provide for developments with a mix of residential and commercial uses, provided that the resulting use can be shown to be in the public good.

8.32. Applicability. An application for a planned unit development special permit (PUD) shall be allowed for parcels of land in the Business B District in accordance with the standards set forth in this section; provided, however, that whenever the PUD is to be located within the geographical boundaries of the Riverfront Overlay District (ROD), any conflict between the provisions of the PUD (Sections 8.3 through 8.357) and the provisions of the ROD (Sections 8.4 through 8.5) shall be resolved in favor of the provisions of the Riverfront Overlay District.

8.33. Permit authority. The City Council shall be designated as the special permit granting authority and shall grant special permits for PUD's consistent with the procedures set forth in MGLA c. 40A, Section 9, and additional conditions set forth in this chapter; said special permit shall be considered an intensity of use special permit.

8.34. Procedure for approval. Any person who desires a special permit for a PUD shall submit an application consistent with Sections 3.51 (Procedures), 3.52 (Development prospectus comments) and 3.53 (Determinations), as applicable.

8.35. Development standards.

8.351. 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.

8.352. 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).

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

8.3531. Specific residential use requirements. All residential uses shall have separate and distinct entrances from all commercial uses; in no instance shall residential uses share the same floor or story with commercial uses, and in no instance shall commercial uses be located above residential uses.

8.3532. Location of residential uses. In no instance shall residential uses be permitted on the ground floor, i.e., the first floor or story. Residential uses shall only be allowed from the second through eighth stories.

8.3533. Location of commercial uses. Commercial uses can be located on any floor up to and including the third floor or story.

8.354. 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).

8.355. 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.

8.356. 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.

8.357. 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.

Sec. 8.4 Riverfront Overlay District special permit (RF).

[Amended 12-9-1991 by Ord. No. 27265; 6-10-1991 by Ord. No. 27156; 9-25-1991 by Ord. No. 27224]

8.41. Establishment of Riverfront Overlay District. A Riverfront Overlay District is hereby established and is bounded as described on the Riverfront Overlay District Map prepared by the City Engineering Department and dated June 25, 1990, and in the written description accompanying said map, both of which are on file with the City Clerk, the Planning Department, the Public Works Department, Engineering Division, and with the Inspector of Buildings. The map and the written description are incorporated herein by reference. Said Riverfront Overlay District boundaries shall be superimposed on the Zoning District Map of Waltham so as to indicate the extent of the Riverfront Overlay District.

8.411. 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.

8.42. Purpose and objectives. To assist in accomplishing the purpose and intent of this chapter, the City Council has established a Riverfront Overlay District with the following objectives in order to guide the redevelopment of certain tracts of land or neighborhoods generally associated with the Charles River ("river") and, in so doing, to increase the opportunity for public holdings, public viewing and public access to the river:

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

8.422. 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.

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

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

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

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

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

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

8.43. Applicability; authority and procedure.

8.431. 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.

8.432. 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.

8.433. 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.

8.434. 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.

8.435. 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".

8.44. Permitted uses. The following uses shall be permitted within the Riverfront Overlay District (overlay):

8.441. 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.

8.442. 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.

8.443. 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.

8.444. 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.

8.445. 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.

8.45. General dimensional criteria applicable to all Riverfront Overlay District projects. All projects developed under a Riverfront Overlay District special permit (RF) shall conform to the conditions of the special permit and to the dimensional criteria of the Riverfront Overlay District ordinance provisions; and provided further, that where a conflict exists between the provisions of Section 4.11 and the provisions of the Riverfront Overlay District ordinance, the provisions of the Riverfront Overlay District ordinance shall control.

8.451. 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.

8.452. 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.

8.453. 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.

8.454. Minimum lot size: 25,000 square feet.

8.455. Minimum lot frontage: 50 feet.

8.456. 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.

8.4561. Setback from the Charles River or public lands abutting the Charles River. Projects that abut the Charles River or public land abutting the Charles River shall be set back to the maximum extent possible without precluding the economic viability of the project, but in no instance less than 35 feet from public land abutting the Charles River and in no instance less than 50 feet from the Charles River or public lands abutting the Charles River, except in instances where existing structures preclude this possibility. The setbacks noted above shall be calculated as part of the minimum open space requirement and may be subject to riverfront design criteria as noted in Section 8.48.

8.457. 

Minimum open space.

(a) For all new construction in accordance with a Riverfront Overlay District special permit, the minimum required open space, as defined in Section 2.344, shall be as follows: for structures that have three stories or fewer, the minimum open space requirement shall be 30% of the total lot area; for structures that have more than three stories or measure more than 35 feet in height, the minimum open space requirement shall be 40% of the total lot area.

(b) Open space requirements for existing structures shall be as follows for projects up to FAR 0.75, the open space requirement shall be 20%; for projects between FAR 0.76 and 1.5, the open spaces requirement shall be 30%; for projects over FAR 1.5, the open space requirement shall be 40%. The open space requirements noted above shall apply to all existing structures except in instances where the location of existing buildings, particular types of construction or preservation of historic structures preclude the possibility of meeting the open space requirements; in this instance, the open space requirements for existing structures shall be determined by the City Council.

8.458. 

Parking requirements.

(a) The parking requirements for development pursuant to a Riverfront Overlay District special permit shall conform to the parking requirements set forth in Section 5.2 of this chapter, except that the parking requirement for multifamily residential developments located within 1,000 feet of an active commuter rail station shall be 1.5 spaces per unit. The 1,000 feet shall be measured in a direct line from the closest lot line of the property on which the commuter rail station is located to the closest lot line of the development. For mixed-use developments, the reduced parking requirement shall only apply to the residential portion of the development. Further, all at-grade parking lots shall be screened on all sides by a strip of land at least four feet wide, densely planted with evergreen shrubs or trees forming an opaque screen. At planting, said screen shall have a height of at least three feet and shall be maintained after one year at a minimum height of four feet, but not more than six feet. Where appropriate for reasons of safe sight lines or access, the screening requirements may be reduced.

[Amended 11-2-2015 by Ord. No. 33340[1]]

[1] Editor's Note: This local law was vetoed by the Mayor 11-20-2015 but overridden by the City Council.

(b) Where special permit applications involve re-use and rehabilitation of existing structures and where the rehabilitation and re-use of existing structures comprise more than 50% of the total floor area of all buildings on the lot, excluding basements, the parking requirements shall be determined by the City Council. The Council shall make findings concerning lot size, lot shape, building to lot coverage ratio and any other site planning considerations that could affect the provision of off-street parking requirements consistent with this chapter. In no instance, however, shall the City Council approve a special permit for a rehabilitation project (as defined herein) that has less than 2/3 of the parking required by this chapter.

8.459. 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.

8.46. General site plan criteria; relationship of buildings to the Charles River.

8.461. 

General site plan criteria.

(a) Buildings constructed on lots that abut the Charles River or public property that abuts the Charles River shall direct views and pedestrian movement towards the river. Buildings shall avoid continuous walls parallel to the river's edge by maintaining view and access corridors.

(b) Whenever possible and practical, elements on a site abutting the Charles River shall step down in height towards the water's edge; and open spaces, building entrances, shop fronts, plazas and similar elements shall enhance pedestrian activity, access to and enjoyment of the riverfront.

8.47. General site plan criteria applicable to mixed-use projects.

8.471. 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.

8.472. 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.

8.473. 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.

8.474. 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.

8.475. 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.

8.476. 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.

8.48. 

Site plan review objectives.

(a) 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.

(b) 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.

(c) 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.

8.481. Site plan objectives for Subsection 1: South Bank, Cram's Cove to the Prospect Street Bridge:

(a) Establish a public walkway at least 15 feet in width along the Charles River behind the Waltham Watch complex.

(b) Link the current Metropolitan District Commission (MDC) holdings along Woerd Avenue and provide for continuous public access along the river in this location.

(c) Link the MDC holdings along Woerd Avenue to any publicly accessible riverfront walkway which may be associated with the former Waltham Watch complex.

(d) Seek to provide public access to the river near the former Waltham Watch complex from the southeast side of the Prospect Street Bridge.

8.482. Site plan objectives for Subsection 2: South Bank, Prospect Street Bridge to Moody Street:

(a) Establish a public walkway at least 15 feet in width along the riverfront portion of the site previously occupied by the former Grover Cronin department store.

(b) Prevent a dead-end riverfront walkway at the previous Grover Cronin site by requiring access to any riverfront walkway in this area from both Moody Street and Crescent Street.

8.483. Site plan objectives for Subsection 3: South Bank, Moody Street to the Elm Street Bridge:

(a) Expand the current public riverfront park behind the City of Waltham parking lot in both an easterly and westerly direction; and require that the width of any new public holdings be at least equivalent in width to the current riverfront park.

(b) Link the current public riverfront park to access point from Moody Street.

8.484. Site plan objectives for Subsection 4: South Bank, Elm Street to the Boston and Maine Railroad Bridge:

(a) Encourage residential redevelopment and restoration throughout the entire subsection, and minimize mixed-use development except for those projects fronting on Newton Street.

(b) Through application of the minimum open space requirements, augment the width of MDC holdings along the entire riverfront in this subsection by at least 50 feet.

(c) Encourage site plans that utilize Whitcomb, Liverpool and Muldoon Streets as public accessways to the river; specifically, create public sidewalk access from Calvary Street to the public portions of the riverfront for the streets noted above, and additionally widen Liverpool Lane to at least a forty-foot right-of-way and construct said right-of-way consistent with public right-of-way standards.

8.485. Site plan objectives for Subsection 5: South Bank, Boston and Maine Railroad Bridge to the Waltham/Newton Line (Farwell Street Bridge):

(a) Through the application of minimum open space requirements, augment the width of MDC holdings along the entire riverfront in this subsection by at least 50 feet.

(b) Encourage site plans that create a public access to the river from the southwest corner of the Farwell Street Bridge, said access point being at least 25 feet in width and clearly separate from any on-site development.

(c) Promote additional public access points to the river by encouraging site plans that create new public rights-of-way with sidewalks between Calvary Street and the Charles River.

(d) Encourage height limitations for newly constructed buildings along Calvary Street from Cedar Street to Flood Street; specifically, encourage site plans with a minimum thirty-five-foot building setback from the lot line in said areas and a sixty-five-foot setback from the lot line for portions of any structure reaching a height of more than 40 feet.

8.486. Site plan objectives for Subsection 6: North Bank, Farwell Street Bridge to Boston and Maine Railroad Crossing Along River Street:

(a) Create a public access to the river on the lot or portions of the lot located at the northwest corner of the Farwell Street Bridge.

(b) Create a public walkway along the entire length of the river in this subsection at least 20 feet in width, and said walkway being separate and distinct from any development on-site.

8.487. Site plan objectives for Subsection 7: North Bank, Elm Street to Moody Street:

(a) Create a natural screen along Carter Street to buffer the Commons from the MBTA station, and similarly, create a natural screen between the southern boundary of the MBTA station and redevelopment or new development.

(b) Require significant landscaping and screening for any surface parking lot associated with redevelopment or re-use of existing buildings located within this subsection.

8.488. Site plan objectives for Subsection 8: Moody Street to Prospect Street, including Charles and Felton Streets:

(a) Encourage the completion of the planned MDC riverfront park from Moody Street to Prospect Street via the Boston and Maine right-of-way up to and including the current Nova Biomedical property.

(b) Encourage residential scale development along public rights-of-way in this subsection by requiring fifty-foot setbacks from the front lot line for any new buildings over 35 feet in height.

Sec. 8.5 Site development criteria for riverfront parks, walkways and similar publicly accessible areas along the riverfront.

All projects that add to or create riverfront parks, walkways and similar publicly accessible areas along the riverfront shall be reviewed for consistency with the site development criteria for riverfront parks on file in the Waltham Planning Department, i.e., Riverfront Site Development Criteria. If a special permit application is submitted not in accordance with the criteria noted above, the City Council shall require the applicant to provide, in writing, the reasons for noncompliance, and the Council shall include the written submission as part of the overall special permit application.

Riverfront Site Development Criteria: To be filed in the Waltham Planning Department:

Riverfront Site Development Criteria
Site Development Criteria for Riverfront Parks, Walkways and Similar Publicly Accessible Areas Along the Riverfront.
The following represent the City's site development criteria for riverfront parks and walkways. The site development criteria shall be used by the City Council during the special permit review process to ensure implementation of a consistent riverfront park treatment. In instances where the City Council agrees that the site development criteria are inappropriate, the Council shall recommend other site development criteria that are more appropriate for the site under review.
Existing Trees.
If possible, existing trees, evergreen or deciduous, with a caliper of five inches or greater shall be saved. These trees shall be protected during construction.
Tree Installation and Maintenance.
Trees and shrubs shall be chosen from the list of Recommended Plant Materials for the Riverfront Overlay District. Trees should be of three-inch caliper or greater; the three-inch measurement shall be made 18 inches above the installation grade. All trees shall be balled and burlapped with native soil in which the material had been growing.
	Number of trees. Trees shall be required at the rate of one tree for each 30 feet of lot frontage on the Charles River. Additionally, shrubs and evergreens to height of at least four feet shall be used to screen parking lots from view of the River.
	Planting. Trees shall be located along the walkway and next to the bench pad area to provide shade. Trees shall be naturally clumped together in a pattern common to vegetative growth along riverfronts.
Planting.
Tree pits shall be excavated to allow a minimum of 10 inches around sides of the tree ball. Backfill shall be placed around the tree ball with a topsoil mix. Wood chips or mulch shall be placed three inches deep to cover pit.
Walkways.
Walkways should be of bituminous concrete and should be at least six feet but not more than eight feet in width with a five-foot bench pad every 50 feet and a five-foot planting strip. See Detail No. 1.[1] Walkways shall be set back from the river at least 10 feet and shall follow the natural topography of the riverbank. The walkway shall be at a grade which is accessible to the handicapped.
Bituminous Bench Pad Dimensions.
Bench pads shall be located in fifty-foot intervals along the walkway. A bench pad should be a twenty-by-five-foot paved surface. Two benches and one trash receptacle shall be located at each bench pad as shown. See Detail No. 1.[2]
Bituminous Concrete Walkway Specifications.
The compacted subgrade will be eight-inch gravel borrow and four-inch dense graded crushed stone. The walkway pavement shall have a total compacted thickness of three inches. Binder course and finished top course shall each be one-and-one-half-inch rolled thickness. See Detail No. 3.[3]
Trash Receptacle Specifications.
Trash receptacles shall have a cubic capacity of at least six but not more than eight cubic feet and shall be designed to be easily removed from a permanently anchored cast-iron exterior sleeve. The cast-iron exterior sleeve shall be anchored to an independent concrete pad or to a concrete pad associated with the anchoring of a bench. The design of the exterior sleeve shall be approved by the City of Waltham; in no instance, however, shall the trash receptacle be within four feet of a bench or sitting area.
Bench Specifications.
Benches shall be Catalog No. B-76 as manufactured by Bench Manufacturing Co., Concord, Massachusetts, or equal. All metal on benches shall be cast iron with factory baked-on finish, color black. All benches shall be supplied in lengths of six feet. Bench slats shall be mahogany with protective sealer.
Lighting Specifications.
	Cast-iron lamp post. Style: Harrisburg/Baltimore, 12 inches high with a twenty-and-one-half-inch octagonal base.
	Luminaire. Style: William & Mary, 33 1/2 inches high; cast aluminum; refractive polycarbonate panels; semigloss black finish; 120 volts.
	Lighting location. Posts shall be located every 30 feet or as needed, depending upon the specific site. Lighting shall only be required in areas which are open to the public after dark.
Bank Stabilization Specifications.
Construct bank stabilization improvements in areas where needed. In a riprap technique, place boulders, fieldstone and rubblestone on crushed stone base to establish tightly formed stone pattern with no surface voids exceeding one inch in width.
Recommended Plant Material for the Riverfront Overlay District.
In the effort to promote a continuous landscape treatment in the Riverfront Overlay District, the following list of trees and shrubs is established to serve as recommended plant materials. These trees and shrubs are suitable to a riverfront environment and will be used in the Metropolitan District Commission Riverwalk on the northern side of the Charles River.

PLANT MATERIALS
Botanical Name		Common Name
Deciduous Trees:
	Acer rubrum	Red maple
	Betula nigra	River birch
	Cladrastis lutea	Yellow wood
	Fagus sylvatica	European beech
	Liquidambar styraciflua	Sweetgum
	Magnolia acuminata	Cucumber magnolia
	Nyssa sylvatica	Black tupelo
	Quercus rubra	Red oak
Flowering Trees:
	Acer ginnala	Amur maple
	Amelanchier canadensis	Shadblow service berry
	Cercis canadensis	Eastern redbud
	Cornus kousa	Japanese dogwood
	Cornus mas	Cornelian cherry dogwood
	Malus x atrosanguinea	Carmine crabapple
	Malus floribunda	Japanese flowering crab
	Malus zumi calocarpa	Zumi crabapple
Evergreen Trees:
	Pinus nigra	Austrian pine
	Pinus strobus	Eastern white pine
	Pinus thunbergee	Japanese black pine
Deciduous Shrubs:
	Clethra alnifolia	Summersweet clethra
	Aronia arbutifolia	Red chokeberry
	Cornus species	Dogwood (various species)
	Kalmia latifolia	Mountain laurel
	Rhodolypos scandens	Black jetbead
	Vaccinium corymbosum	Highbush blueberry
	Viburnum species	Viburnum (various species)
	Rosa species	Roses
	Myrica pennsylvanica	Northern bayberry

[1] Editor's Note: This Detail is on file in the Planning Department.

[2] Editor's Note: This Detail is on file in the Planning Department.

[3] Editor's Note: This Detail is on file in the Planning Department.

Sec. 8.6 Limited Commercial Revitalization Area Overlay District special permit (RO).

[Added 6-26-2006 by Ord. No. 30450]

8.61. Establishment of Limited Commercial Revitalization Area Overlay District. A Limited Commercial Revitalization Area Overlay District is hereby established and is bounded as described on the Limited Commercial Revitalization Area Overlay District Map, and in the written description accompanying said map, both of which are on file with the City Clerk, the Planning Department, the Consolidated Department of Public Works, the Engineering Department, and with the Inspector of Buildings. The map and the written description are incorporated herein by reference. Said Limited Commercial Revitalization Area Overlay District boundaries shall be superimposed on the Zoning District Map of Waltham so as to indicate the extent of the Limited Commercial Revitalization Area Overlay District.

8.611. 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.

8.62. Purpose and objectives. To assist in accomplishing the purpose and intent of this chapter, and to guide the redevelopment of certain properties in the Limited Commercial District in order to revitalize and modernize existing aged buildings along the Interstate 95/Massachusetts Route 128 Corridor of the City of Waltham and, in so doing, to increase the quality and value of commercial properties in the Limited Commercial Zone thus maximizing local tax revenues without significantly reducing open space or significantly impacting traffic in the area, the City Council has established a Limited Commercial Revitalization Area Overlay District with the following objectives:

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

8.622. 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.

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

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

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

8.63. Applicability; authority and procedure.

8.631. 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.

8.632. 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.

8.633. 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.

8.634. 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.

8.64. Permitted uses. The following uses shall be permitted within the Limited Commercial Revitalization Area Overlay District (overlay):

8.641. 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.

8.642. 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.

8.643. 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.

8.644. 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.

8.65. General dimensional criteria applicable to all Limited Commercial Revitalization Area Overlay District projects. All projects developed under a Limited Commercial Revitalization Area Overlay District special permit (RO) shall conform to the conditions of the special permit and to the dimensional criteria of the Limited Commercial Revitalization Area Overlay District Ordinance provisions; and provided further, that where a conflict exists between the provisions of Section 4.11 and the provisions of the Limited Commercial Revitalization Area Overlay District Ordinance, the provisions of the Limited Commercial Revitalization Area Overlay District Ordinance shall control.

8.651. 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.

8.652. 

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:

(a) Minimum building setbacks from side and rear lot lines: no less than 25 feet;

(b) Minimum front yard setback: no less than 50 feet;

(c) Maximum building height: not more than 75 feet;

(d) Maximum stories: not more than six stories;

(e) Maximum lot coverage: not more than 50%; and

(f) Minimum distance between principal buildings: not less than 50 feet.

In no case shall such dimensional relief be granted unless the City Council finds that such dimensional relief is in harmony with the purposes and intent of the Waltham Zoning Ordinance and may be granted without resulting in substantial detriment to abutting properties or the neighborhood. In connection with a Limited Commercial Revitalization Area Overlay District special permit, the City Council may exclude from the calculation of "lot coverage" under Article IV, Sections 4.1 and 4.2, and Section 4.11, Table of Dimensional Regulations, any parking deck that it finds to be designed and screened to appear from the main entrance as if it is at or near to ground level. Landscaped areas on the surface of such parking decks may be included in the calculation of "open space" for the purposes of Section 8.6, Section 3.5, and Article IV.

8.66. Additional dimensional criteria.

8.661. 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.

8.662. 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.

8.663. 

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.

(a) No building or structure constructed pursuant to a Limited Commercial Revitalization Area Overlay District special permit shall be erected or placed within 50 feet of the front lot line. This requirement shall not be applicable to existing structures if existing building footprints are within 50 feet of the front lot line. 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 Limited Commercial Revitalization Area Overlay District special permit.

(b) A Limited Commercial Revitalization Area Overlay District special permit shall not include any lot that abuts a residential zone or is within 500 feet of any residential zone.

(c) A Limited Commercial Revitalization Area Overlay District special permit shall not include any lot that abuts a conservation recreation zone or is within 500 feet of any conservation recreation zone.

(d) Underground parking. Any parking structure, or any portion thereof, which is constructed below the existing grade, so as not to be visible from any abutting property or any public or private way, shall not be subject to the requirements for minimum distances between buildings or minimum setbacks from front, side, and rear lot lines, provided that in no case shall such a structure be located within 15 feet of any front, side, or rear lot line.

8.664. 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.

8.665. 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.

8.67. 

General site plan criteria. A Limited Commercial Revitalization Area Overlay District special permit may be granted by the City Council after findings that:

(a) The site is well served by existing highway infrastructure;

(b) 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;

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

(d) 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

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

Sec. 8.7 Limited Commercial Residential Area Protection Overlay District special permit.

[Added 6-24-2013 by Ord. No. 31971]

8.71. Establishment of the Limited Commercial Residential Area Protection Overlay District. A Limited Commercial Residential Area Protection Overlay District (LCR) is hereby established and is bounded as described on the Limited Commercial Residential Area Protection Overlay District Map, and in the written description accompanying said map, both of which are on file with the City Clerk, the Planning Department, the Consolidated Department of Public Works, the Engineering Department, and with the Inspector of Buildings. The map and the written description are incorporated herein by reference. Said Limited Commercial Residential Area Protection Overlay District boundaries shall be superimposed on the Zoning District Map of Waltham so as to indicate the extent of the Limited Commercial Residential Area Protection Overlay District.

8.711. 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.

8.72. Purpose and objectives. To assist in accomplishing the purposes and intent of this chapter, and to guide the redevelopment of certain properties in the Limited Commercial District in order to revitalize and modernize existing aged buildings along the Wyman Street corridor in that this corridor has the oldest existing commercial buildings in the Limited Commercial Zoning District, and in so doing, to increase the quality and value of commercial properties in this part of the Limited Commercial Zoning District, thus maximizing local tax revenues without significantly reducing open space or significantly impacting traffic in the area, the City Council has established a Limited Commercial Residential Area Protection Overlay District with the following objectives:

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

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

8.723. 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

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

8.73. Applicability; authority and procedure.

8.731. 

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:

(a) The building which is the subject of such special permit shall be an existing aged building. For the purposes of this Limited Commercial Residential Area Protection Overlay District:

(1) An "existing building" shall mean any building in existence as of the date of adoption of this Limited Commercial Residential Area Protection Overlay District.

(2) An "aged building" shall mean any existing 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. The measurement of the 35 years shall be taken from the date of the issuance of the original building permit, as on file at the Building Department.

(3) "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.

(4) A "principal residential building" shall mean the principal, and not an accessory, building located on a lot, which principal residential building was in existence at the time of the enactment of this Limited Commercial Residential Area Protection Overlay District Ordinance.

(b) An applicant may apply for a special permit hereunder to revitalize and modernize an existing aged building as set forth herein, provided:

(1) The revitalized and modernized building is not to be located within 500 feet of a principal residential building which was in existence at the time of the enactment of Section 8.7; and

(2) Limited Commercial Residential Area Protection Overlay District special permits shall only be granted for uses which are allowed in the underlying Limited Commercial Zoning District.

8.732. 

Permit authority and procedure.

(a) The City Council is hereby designated as the special permit granting authority for a Limited Commercial Residential Area Protection Overlay District special permit, and any special permits the City Council decides in its discretion to grant must comply with the requirements of M.G.L. c. 40A, § 9, and must satisfy the requirements of Section 3.5 of this chapter for special permits related to an increase in intensity of use.

(b) Prior to filing an application for a special permit hereunder, an applicant must request a preapplication conference with the Planning Department to review the proposed project and the requirements of this section. The Planning Department may request additional preapplication conferences with other City departments, including but not limited to the Transportation Department and the Engineering Department.

(c) An applicant for a special permit hereunder shall comply with all requirements of Section 3.5 for an intensity of use special permit, including but not limited to the filing of a development prospectus and plans, and shall also comply with all rules of the City Council, as amended from time to time. A copy of said plans and the development prospectus shall be filed with the Waltham Planning Department at the time the application is filed with the City Clerk.

(d) The Planning Department, and any other department with which the applicant has had a preapplication conference, shall have 35 days from the date of the filing of the application for a special permit hereunder with the City Clerk to forward any comments and recommendations in writing to the applicant and the City Council. The failure of said departments to make such written comments or recommendations within said 35 days shall be deemed to be lack of opposition to the application.

8.733. 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.

8.734. 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.

8.74. 

Permitted uses.

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

(b) 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.

8.75. General dimensional criteria applicable to all Limited Commercial Residential Area Protection Overlay District special permits. All projects developed under a Limited Commercial Residential Area Protection Overlay District special permit shall conform to the conditions of the special permit and to the dimensional criteria of the Limited Commercial Residential Area Protection Overlay District; and provided, further, that where a conflict exists between the provisions of Section 4.11 of this chapter and the provisions of this Limited Commercial Residential Area Protection Overlay District, the provisions of this Limited Commercial Residential Area Protection Overlay District shall control, for all special permits granted pursuant to Section 8.7.

8.751. 

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:

(a) In connection with the granting of a Limited Commercial Residential Area Protection Overlay District special permit, the City Council may allow an increase of the floor area ratio up to 1.20.

8.752. 

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

(a) In granting a Limited Commercial Residential Area Protection Overlay District special permit, the City Council may, in addition, grant a special permit adjusting the dimensional requirements of Section 3.5, and Sections 4.1 and 4.2, and Section 4.11 (Table of Dimensional Regulations), and the footnotes in Section 4.12, subject to the following limits:

(1) Minimum building setback from a principal residential building: no less than 500 feet.

(2) Minimum building setbacks from side and rear lot lines: no less than 25 feet, provided that in no event shall either the side yard setback or the rear yard setback be less than 1/2 the height of the building.

(3) Minimum front yard setback: no less than 50 feet.

(4) Maximum building height: not more than 75 feet.

(5) Maximum stories: not more than six stories.

(6) Maximum lot coverage: not more than 50%.

(7) Minimum distance between principal buildings: not less than 50 feet.

(8) Minimum distance between a principal building and an accessory building, or between two or more accessory buildings: 10 feet.

(9) If buildings, whether principal and/or accessory, meet the minimum criteria of Subsection (a)(6) or (7) hereof, they shall be exempt from all of the provisions of Section 4.12(5) and Section 4.215; provided, however, in each instance, the buildings shall comply with all front, side and rear yard requirements of this Limited Commercial Residential Area Protection Overlay District and the rules and regulations of the Board of Survey and Planning.

(b) Before allowing any of the above adjustments to the dimensional requirements, the City Council must find that the proposal is in harmony with the purposes and intent of the Zoning Ordinance and may be allowed without resulting in substantial detriment to abutting residential properties or residential neighborhoods.

(c) In connection with a Limited Commercial Residential Area Protection Overlay District special permit, the City Council may exclude from the calculation of "lot coverage," Sections 4.1 and 4.2, and Section 4.11 (Table of Dimensional Regulations) and the footnotes in Section 4.12, any parking deck that it finds to be designed and screened to appear from the main entrance, which term shall mean any entrance to the locus from any public way, as if it is at or below ground level. Landscaped areas on the surface of such parking decks may be included in the calculation of "open space" for the purposes of Section 8.7, Section 3.5, and Article IV with respect to Limited Commercial Residential Area Protection Overlay District special permits.

8.76. Existing aged buildings. The following constitute exceptions to the Dimensional Requirements set forth in Sections 8.751 and 8.752.

8.761. 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.

8.762. 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.

8.77. 

Parking requirements. The parking requirements for development pursuant to a Limited Commercial Residential Area Protection Overlay District special permit shall conform to the parking requirements set forth in Article V of this chapter, with the following exceptions:

(a) 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.

(b) 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.

(c) 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.