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Waltham Zoning Ordinance Parking Requirements

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Waltham Zoning Ordinance  Parking Requirements
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Unofficial copy, parking requirements from the November 2010 Waltham Zoning Ordinance. Note, however, that the most recent copy of the ordinances are available through the City Clerk's office in City Hall.

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§ 5.1 ZONING CODE § 5.2



ARTICLE V

Parking Requirements



Sec. 5.1. General provisions.

Off-street parking shall be provided in accordance with the standards set forth in Section 5.21,

Table of Off-Street Parking Requirements.



5.11. Lots in two municipalities. Where a city boundary line divides a lot, all

calculations which are based, in whole or in part, on gross floor area in

determining the number of parking spaces which are required under the

provisions of Article V of this chapter shall use only the floor area that is

located within the boundaries of the City of Waltham. [Added 6-10-1991 by

Ord. No. 27156]





Sec. 5.2. Off-street parking requirements.

5.21. Table of Off-Street Parking Requirements. (e) [Amended 4-28-2008 by

Ord. No. 30876]

Use Required Parking Spaces

One-family dwelling 2 per dwelling unit

Two-family dwelling 2 per dwelling unit

Multifamily (3 or more 2 per dwelling unit

per structure)

Rooming houses, lodging houses 1 per rented bed



Assisted living facilities 3 for every 4 dwelling

[Added 3-3-1999 by Ord. No. units

28735]

Theaters, stadiums, auditoriums, 1 for each 3 fixed seats

halls, membership clubs, and 1 for each 36 square

function rooms and places of feet of unseated public

assembly floor area, not including

corridors or other service

areas

Restaurants, taverns and 1 for each 3 fixed seats

other types of eating and 1 for each 36 square

establishments (a) feet of unseated public

floor area, not including

corridors or other service

areas

Recreational Activities:

Tennis courts (in/outdoor) 6 per court







Z-71 Supp. No.ll

§ 5.2 CITY OF WALTHAM § 5.2



Use Required Parking Spaces



Handball and/or racquetball 3 per court

Swimming pools (in/outdoor) 3 for each 5 feet or portion

thereof in width or 3 per

150 square feet, whichever

produces the greater

number of spaces

Other recreational activities 1 for every 2 participants

and 1 for every 3 spectators

Conservation/nature activities 1 for every 3 participants

Hotels, motels, hotels-motels I per bedroom



Restaurant facilities, cocktail 1 per each 3 fixed seats

lounges and function rooms and 1 for each 36 square

associated with hotels/motels (c) feet of unseated public

floor space

Stores/shops (retail business) 6 per 1,000 square feet of

[Amended 10-26-1992 by gross floor area

Ord. No. 27451]

Offices 1 per 300 square feet of gross

floor area

Banks 1 per 200 feet of

banking floor space open

to the general public

Mixed occupancy See Footnote (c)

Industrial, manufacturing 1 per 2 workers, based

establishments and laboratory on peak employment

spaces, as defined herein (b)

Hospitals 1 per 350 square feet of gross

floor area

Medical offices, outpatient only I per 150 square feet of gross

floor area



5.22. Footnotes.

(a) In reviewing permit applications under this provision both for fixed

seating and unseated areas, the Inspector of Buildings shall calculate

the maximum potential use and shall base the parking requirements

on such maximum . For the purposes of this section, "fixed seating"

shall mean those seats which can only be installed or removed with

the aid of tools. Any portions of a building not clearly designated on

the floor plan as a fixed seating area shall be treated as an unseated







Z-72 Supp. No. 11

§ 5.2 ZONING CODE § 5.2



area by the Inspector of Buildings In determining the number of

parking spaces required.

(b) The Inspector of Buildings shall estimate peak employment that will

occur after occupancy, and he shall issue a building permit based on

this judgment. However, in no instance shall off-street parking

requirements be required at a rate of less than one space per 1,000

square feet of gross floor area.

(c) Notwithstanding any other parking requirements set forth in this

chapter for individual land uses, when any land or building is used

for two or more distinguishable purposes (i.e., joint or mixed use

development), the minimum total number of parking spaces required

to serve the combination of all uses shall be determined in the

following manner:

Multiply the minimum parking requirement for each individual use

(as set forth in the applicable section of this chapter for each use) by

the appropriate percentage (as set forth below in the Parking Credit

Schedule Chart) for each of the five designated time periods and then

add the resulting sums from each vertical column. The column total

having the highest total value is the minimum shared parking space

requirement for that combination of land uses.

Parking Credit Schedule Chart

Weekday Weekend

Night Day Evening Day Evening

Midnight 7:00 5:00 6:00 6:00

to 7:00 a.m. to p.m. to a.m. to p.m. to

a.m. 5:00p.m. Midnight 6:00 p.m. Midnight

Uses (percent) (percent) (percent) (percent) (percent)





Residential 100 60 90 80 90

Office/ 5 100 10 10 5

industrial



Commercial 5 80 90 100 70

retail

[Amended

10-26-1992 by

Ord. No. 27451]

Hotel 70 70 100 70 100



Restaurant 10 50 100 50 100

Restaurant 10 50 60 50 60

associated

with hotel









Z-72.1 Supp. No. 11

§ 5.2 CITY OF WALTHAM § 5.2



Weekday Weekend

Night Day Evening Day Evening

Midnight 7:00 5:00 6:00 6:00

to 7:00 a.m. to p.m. to a.m. to p.m. to

a.m. 5:00 p.m. Midnight 6:00 p.m. Midnight

Uses (percent) (percent) (percent) (percent) (percent)



Entertainment! 10 40 100 80 100

recreation

(theaters,

bowling alleys,

cocktail lounge

and similar)



Day-care 5 100 10 20 5

facilities



All other 100 100 100 100 100



(d) Parking shall be permitted, for use and convenience of the residents,

guests, and staff only of an elderly assisted living unit residence, in

the front yard, provided that it is set back at least 10 feet from the lot

line. [Added 3-3-1999 by Ord. No. 28735]

(e) For the parking requirements for the Business C District, see Section

5.23. [Added 4-28-2008 by Ord. No. 30876]

5.23. Parking requirements for the Business C District. [Added 12-9-1991 by

Ord. No. 27265]

5.23l. Parking requirements for all uses permitted as of right or by

special permit, except residential, shall not be required for the

first 20,000 square feet of gross floor area for structures on

individual lots within the Business C District. New

development in excess of 20,000 square feet or additions to

structures already over the 20,000 square feet or additions that

will cause the structure to exceed 20,000 gross square feet

shall be subject to a parking standard of one space per 500

gross square feet for all building area in excess of 20,000

square feet.

5.232. Parking standards for residential dwelling units, newly

constructed or designed from existing commercial space, shall

have 1 If4 parking spaces per dwelling unit.

5.233. Where private off-street parking exists in conjunction with a

structure on an individual lot or on a separate lot, the existing

structure can be removed and a new structure constructed

having up to 20,000 square feet of gross floor area without

being subject to parking standards. However, at least the

previous number of private off-street parking spaces must be

redesigned into the new site plan. Similarly, existing structures

of under 20,000 square feet of gross floor area may be enlarged

up to 20,000 square feet of gross floor area, and provided that







Z-72.2 Supp. No.lI

§ 5.2 ZONING CODE § 5.2



the resulting structure does not exceed 20,000 square feet of

gross floor area. If the enlarged structure exceeds 20,000

square feet of gross floor area, the portion over 20,000 square

feet of gross floor area shall be subject to off-street

(Cont'd on page Z-73)









Z-72.3 Supp. No. 11

Sec. 5.2 ZONING CODE Sec. 5.3



parking requirements. However, after temporary removal to facilitate

enlargement or reconstruction, the previous number of private off-street parking

spaces must be redesigned onto the existing parcel.

5.24. Parking requirements for the Hope Avenue Redevelopment Districts. [Added

5-28-2002 by Ord. No. 29513]

5.241. With respect to residential and hospital uses, notwithstanding the provisions

of Section 5.21 to the contrary, the parking requirements for those two uses

shall be as follows: 1 112 parking spaces per dwelling unit for residential

dwelling units and one parking space per 1,000 square feet of gross floor

area for hospital uses.

5.242. Notwithstanding the provisions of Sections 5.41 and 5.47 to the contrary, up

to 50% of all parking spaces, whether or not required, may be designed for

small cars, i.e., sixteen-by-eight-foot parking spaces, as of right.

5.243. Notwithstanding the provisions of Section 5.8 to the contrary, off-street

parking spaces, whether or not required, may be located on other land in

either the HRI or HR2 Zoning District so long as the distance between an

entrance of the building being served by such off-street parking and a

pedestrian entrance to the parking lot or parking structure within which such

parking spaces are located is not more than 600 feet.

5.244. The loading requirements of Section 5.91 shall apply to HRI and HR2

Zoning Districts.





Sec. 5.3. Design of parking areas for five or fewer cars.

Parking areas, whether or not required, shall be designed and built according to the following

standards:

5.31. No cars shall be parked on untreated earth, it being required that areas shall be

surfaced with tar, hot-top, concrete, belgian block or other substantial paving

material.

5.32. No such paved parking area shall be placed within five feet of the front of any

building, excluding garages, said area being reserved for landscaping treatments

and access. In Residence Band C Districts, no such parking area shall be placed

within five feet of any street line, said area being reserved for landscape

treatments and access. [Amended 10-25-1999 by Ord. No. 28892]

5.33. No driveway connecting such a parking area to the street shall be in excess of 20

feet in width as it crosses the five-foot reserve strip noted in Section 5.32 above,

but where two such driveways are provided on a single lot, they shall not exceed

12 feet in width in the reserve strip.

5.34. Where such parking areas are required under the terms of Section 5.21, Table of

Off-Street Parking Requirements, they shall be designed with available stalls

nine feet wide by 18 feet long and so arranged that entrance to and exit from

each car space may be made without the need to move other cars.







Z-73 Supp. No.5

Sec. 5.3 CITY OF WALTHAM Sec. 5.4



5.35. Notwithstanding any of the foregoing, in Residence Band C Districts, parking of

motor vehicles is prohibited in that portion of the front yard lying between the

building and the street line where five or fewer cars are required.





Sec. 5.4. Design of parking areas for more than five cars.

Parking areas, whether or not required, shall be designed and built according to the following

standards:

5.41. Parking areas shall be developed in a manner which will allow cars to maneuver

easily and exit in a forward direction within prescribed driveways. Stalls shall be

a minimum of nine feet in width and 18 feet in length. Twenty-five percent of the

stalls may be 16 feet by 8 feet and shall be appropriately designated as restricted

for use by small cars. Where stalls head into a curb which bumpers can

overhang, the length of an eighteen-foot stall may be reduced by one foot and a

sixteen-foot stall by one foot. All parking aisle widths shall have the following

minimum dimensions: parallel parking: 10 feet; angled parking 45° or less: 13

feet; angled parking from 46° to 60°: 18 feet ; and angled parking 61 ° or more: 20

feet, all related to the direction of line of flow of traffic in the aisle. Where stall

widths are wider than eight and one-half (8 1 feet, the aisle width may be

/2)

narrowed by a percentage equal to the percentage increase in width. Entrance

and exit drives shall not exceed 25 feet in width and shall not be greater in

number than deemed reasonable by the Inspector of Buildings with such advice

and assistance as he may obtain from the Traffic Engineer. The Board of Survey

and Planning (Board) may grant a special permit for a driveway opening greater

than 25 feet if the Board finds that said driveway will benefit public safety and

traffic flow . The slopes of aisles and parking areas shall not exceed 5% for

surface parking areas, and 8% for above or below grade parking structures. No

new driveway shall be opened within 100 feet of an intersection, except where

the entire lot is within 100 feet of the intersection and there is no alternate access

available, in which case the driveway maybe opened, provided that a special

permit therefor has been granted by the Board of Survey and Planning, and such

permit may only be granted provided that the driveway is as far from the

intersection as deemed feasible after consultation with the Traffic Engineer; and

in no instance shall the driveway be located on the radius of the intersection.

5.411. Lots near schools. [Added 4-27-1992 by Ord. No. 27350]

(1) Where any lot or portion of a lot, except residential lots containing up to

four dwelling units, is within 200 feet of public or private school property

serving any grades kindergarten through grade twelve, a new driveway may

only be allowed where a special permit has been granted by the Board of

Survey and Planning, and such permit may only be granted provided that

the new driveway shall be located in accordance with the standards

described in Subsections (2) through (5), inclusive, of this section. In no

instance shall any new driveway be located closer than five feet from the

side boundary line bordering the lot on which the school building is located.









Z-74 Supp. No.5

Sec. 5.4 ZONING CODE Sec. 5.4



(2) The applicant shall make every effort to design the safest and most efficient

access which meets the standards described in the Manual on Uniform

Traffic Control Devices (MUTCD), as amended, by the Massachusetts

Department of Public Works, Standards for Roadway Design, and any City

of Waltham standards, regulations or ordinances. Every application for a

special permit for a driveway shall be reviewed by the City of Waltham

Traffic Engineer, who shall provide the Board of Survey and Planning with

a written report on the application prior to the hearing on the application,

indicating whether or not the proposal complies with the above-mentioned

standards, regulations or ordinances. In preparing the necessary information

for said review by the City of

(Cont'd on page Z-75)









Z-74.1 Supp. No. 5

§5.4 ZONING CODE §5.4



Waltham Traffic Engineer, the applicant shall comply with the

guidelines as established by said Traffic Engineer as those

guidelines relate to the scope and specific type of information

and to any other reasonable criteria which the Traffic Engineer

deems to be necessary, to be submitted and made a part of the

application for special permit for such new driveway opening.

Any firm providing such information under the provisions of

this section and subsection shall also be required to meet

certain objective standards of experience established by said

Traffic Engineer.

(3) Every driveway shall be located so as to provide adequate

sight and stopping distance for vehicular traffic. Consideration

shall be given to the proximity of the school and the age of

children attending the school.

(4) All permit applications shall be reviewed in the context of the

entire section of roadway corridor that is affected by the traffic

generated by the proposed development. The purpose of this

review is to facilitate safe and efficient traffic flow within the

corridor as a whole and to avoid or minimize any conflict with

the school property. Where possible, when two or more

developments proposed have overlapping review periods and

are being located in proximity to each other, the access points

and mitigation for each of the developments will be

coordinated.

(5) The Board of Survey and Planing may place conditions on any

special permit as necessary to facilitate safe and efficient traffic

flow, to mitigate traffic impacts and to avoid impacts on the

school property and the children attending it both during

construction and throughout the term of the special permit.

Such conditions may include but sha11 not be limited to the

following:

(a) Limitations on turning movements.

(b) A restriction on the number of access points per

development.

(c) Trip reduction techniques, including phased or limited

trip generation requirements.

(d) Flexible work hours.

(e) Participation in transportation management

organization.

(f) All necessary and reasonable efforts to maintain the

existing traffic level of service both during construction

and throughout the term of the special permit.







Z-75 Supp. No. 11

§5.4 CITY OF WALTHAM §5.4



5.42. No paved area, excluding entrances and exits, shall extend within five feet of

any lot or street line, nor into any front yard; and an area equal to 40 square

feet per car space shall be provided on which snow cleared from parking

areas may be placed, but said area may be provided in whole or in part by

the five feet referred to above or other yard space.

5.43. Trees with a minimum size of 3 1 inches in diameter (measured six inches

/2

from ground level) shall be provided at the rate of one for every 10 cars.

5.44. The area shall be graded, paved and drained with on-premises catch basins

or appropriate dry wells or connection to the street drainage system.

5.45. The area shall be lighted in such a manner that no direct light shall fall on

adjacent residential properties.

5.46. The area shall be fenced and/or landscaped in a manner which will minimize

headlight glare on adjacent residential properties.

5.47. Up to 25% of all parking spaces may be designed for small cars, i.e.,

sixteen-by-eight-foot parking spaces. Further, the Board of Appeals may

grant a special permit allowing up to 50% of the spaces to be 16 feet by eight

feet where it can be shown that up to 50% of the cars will be, in all

probability, 85 square feet or less in area, subject, however, to the restriction

that such a special permit can only be granted for lots in excess of 25 cars

and that said spaces shall be appropriately designated as restricted for use by

small cars. [Amended 6-25-1974 by Ord. No. 23683]

5.48. Parking stall design standard in parking structures. All off-street parking

spaces for all uses located in parking structures below, above or at grade

shall conform to the criteria set forth in Section 5.41 except that stall width

may be reduced to 171f2 feet by 81f2 feet. [Amended 6-10-1991 by Ord. No.

27156]

5.49 Notwithstanding any other provision of this Zoning Ordinance to the

contrary, where parking is being provided for development occurring as part

of an intensity of use special permit, and where the number of residential

parking spaces being provided exceeds the number of parking spaces

required under Article V, the excess spaces may be combined in tandem

with any required spaces, provided that a) each of the tandem spaces shall

otherwise comply with all of the design criteria in Section 5.4; and b)

tandem spaces shall not be more than two spaces deep; and c) such spaces

may only be used in tandem if both of such spaces are for the exclusive use

of the occupants of the same residential unit or their temporary guests or

visitors and the parking spaces are so designated and assigned; and d) the

Special Permit Granting Authority finds a need for such spaces and approves

the location and safety of such spaces, and further provided all such tandem

spaces shall only be allowed in structured parking facilities as defined by

Subsection 2.3432, and shall not be allowed in surface parking areas.

[Added 4-28-2008 by Ord. No. 30876]









Z-76 Supp. No. 11

§ 5.5 ZONING CODE § 5.9



Sec. 5.5. Design of parking areas for commercial and industrial uses.

Parking areas, whether or not required, shall be designed and built according to the standards

contained in Sections 5.4 to 5.48.





Sec. 5.6. Special permit for off-street parking areas in Residence Band C Districts.

The construction and operation of nonaccessory off-street parking areas for private passenger

cars in Residence Band C Districts, to be designed and constructed in accordance with the

standards set forth in Sections 5.3 through 5.48, inclusive, and any other requirement it may

deem necessary for benefit to the neighborhood, is permitted when a special permit for a period

not in excess of five years therefor has been granted by the City Council. Any use of said

facility beyond a five-year period shall require a new special permit from the City Council.

[Amended 6-25-1974 by Ord. No. 23683]





Sec. 5.7. Special permit for off-street parking in residential land abutting nonresidential

land.

Off-street parking which is accessory to a use allowed in a Business A, Business B, Limited

Commercial, Commercial or Industrial District is permitted in a residential district when a

special permit therefor has been granted by the City Council after a finding that the parking

space is necessary and that such action will not be injurious to the neighborhood and will serve

the public good; provided, however, that no such special permit shall be granted unless the

subject parking area abuts other lots used in conjunction with the use to be served and unless all

of any such lots are within 300 feet of the building in which the principal use to be served is

located. All other elements of this chapter, including Section 5.7, shall be strictly adhered to.

[Amended 6-25-1979 by Ord. No. 24550]



Sec. 5.8. Remote parking.

When such off-street parking space cannot be reasonably provided for on the same lot or in

accordance with the provisions of Section 4.225, the Board of Appeals may grant a special

permit therefor on any land in the same zoning district which is within a radius of 600 feet.





Sec. 5.9. Changes in use.

Notwithstanding the provisions of Section 3.7 in its entirety, the parking requirements provided

for in Article V in its entirety as they pertain to mixed occupancy and stores/shops (retail) shall

not apply to change of an existing business use in an existing building to another business use

permitted in the zoning district in which it is located.

5.91 . Loading and unloading of motor vehicles. In any Residential or Business

District used for assisted living facilities , as provided in Section 3.218A, and

in a Business, Commercial or Industrial District, any building erected for

commercial purposes shall be designed in such a way as to provide for an

area comprising not less than 70 feet by 12 feet immediately adjacent to the

building, or as more specifically located when development occurs as part of







Z-77 Supp. No. 11

§ 5.9 CITY OF WALTHAM § 5.9



an intensity of use special permit, for off-street loading and unloading of

motor vehicles delivering or receiving goods at such premises in accordance

with the following schedule: [Amended 3-3-1999 by Ord. No. 28735;

4-28-2008 by Ord. No. 30876]

Loading Area Loading Area

Use at 25 x 70 Feet at 12 x 70 Feet

Retail/Shopping Centers

15,000 to 50,000

50,000 to 150,000 1

150,000 to 300, 000 1 2

More than 300,000 2 4



Office

2,000 to 50,000

50,000 to 150,000

150,000 to 300,000 1

More than 300,000 2

Manufacturing

oto 50,000

50,000 to 100,000 1

100,000 to 200,000 1 2

More than 200,000 I 3

Warehouse

oto 50,000

50,000 to 100,000 1 2

100,000 to 200,000 4

More than 200,000 6

Assisted living facility

[Added 3-3-1999 by Ord.

No. 28735]

Up to 50,000

50,000 to 100,000 2

100,000 to 200,000 3

More than 200,000 4



5.92. Special permit for reduced parking requirements for retail uses in Business,

Commercial and Industrial Zones. A special permit allowing the

construction or use of a building or portion thereof for retail use in a

Business A, Business B, Commercial or Industrial Zone, where the

petitioner will provide fewer than the minimum number of parking spaces

required in that zone, may be issued by the City Council after a finding that

the proposed number of spaces to be provided is sufficient to satisfy the

demand typically generated by similar uses and that granting such special

permit will not be injurious to the neighborhood and will serve the public

interest; provided, however, that no such special permit shall be issued







Z-78 Supp. No. 11

§ 5.9 ZONING CODE § 5.9



unless a minimum of four spaces per 1,000 square feet of gross floor area is

to be provided. In making its decision, the City Council may consider,

among other things, the availability of public transit services, the provision

of ride-sharing programs by the petitioner, shared parking arrangements, the

provision of off-site parking and contributions to the Traffic Safety and

Infrastructure Maintenance Fund in lieu of parking. The City Council may

issue a special permit providing the following determinations are met:

Sections 3.531, 3.532, 3.533, 3.534, 3.535, 3.536. and 3.538, and if the City

Council grants a special permit for a decrease in parking, said Council shall

require the applicant to make a contribution into a Traffic Safety and

Infrastructure Maintenance Fund ("fund") for each parking space reduced by

this special permit. The rate of contribution for retail buildings less than

30,000 gross square feet shall be $250 per parking space. The rate of

contribution for retail buildings greater than 30,000 gross square feet shall be

$1,500 per parking space, this "fund" being the same as established in

Section 3.539 and following the same provisions of said section. [Added

12-28-1992 by Ord. No. 27481; amended 10-25-1999 by Ord. No. 28892]

(Cont'd on page Z-81)









Z-79 Supp. No. 11


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