Except as herein provided, the provisions of this chapter shall apply to the erection, construction, reconstruction, alteration or use of buildings or structures or use of land. Except as herein provided, any existing nonconforming use, structure or lot shall not become further nonconforming.
This chapter shall not apply to an existing building or structure, nor to the existing use of any building, structure or land, to the extent to which it is legally used at the time of adoption of this chapter, but it shall apply to any change of use thereof and to:
Any alteration of a building or structure when the same would amount to reconstruction, extension or structural change.
Any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration or for its use for the same purpose to a substantially greater extent.
[Amended 11-8-2004 RTM by Arts. 33, 34]
In cases of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used. Combinations of permitted uses within a single building are permitted, provided that health and safety regulations are followed. Proposed new buildings that mix residential and nonresidential uses are allowed by right within a Creative Development Overlay District under the provisions of § 190-95, Creative development; require a special permit from the Planning Board under § 190-94 if within a Mixed Use Overlay District; and in all other cases require a special permit from the Board of Appeals.
It is the purpose and intent of this article to list those uses which are specifically allowed or specifically prohibited in the various zoning districts listed in Article III of this chapter. Any use not listed herein is prohibited.
Except as provided in this chapter, no building, structure or land shall be used except for the purpose permitted in the district, by right or by special permit, as described in this chapter.
Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other provisions of this chapter.
Residing or living in trailers and/or mobile homes is not allowed in the Town of Wakefield, with the following exceptions:
The owner or occupier of a residence which has been destroyed by fire or other natural holocaust may place a mobile home on the site of such residence and reside in such home for a period not to exceed 12 months while the residence is being rebuilt. Any such mobile home shall be subject to the provisions of the State Sanitary Code.
Trailers and/or mobile homes used on construction projects as offices or places of storage must have a permit from the Building Inspector to be used as such and may be used only for the time limit as stated on the permit. If the time expires, a new permit will be needed.
A home occupation is an accessory use which is incidental and subordinate to a single-family-dwelling use. Home occupations allowed by right include dressmaking, teaching of not more than two students simultaneously and offices of medical doctors, dentists, attorneys, architects or certified public accountants. Other home occupations that are quiet and noncommercial in nature may be allowed by special permit from the Board of Appeals, provided that they meet the following conditions, which apply to all home occupations:
No nonresident shall be employed therein, except that a physician, dentist or other medical professional may employ one nonresident. An attorney, architect, certified public accountant or other allowed home occupation may employ one nonresident upon issuance of a special permit by the Board of Appeals.
The use is carried on strictly within the principal building.
There shall be no exterior alterations or accessory buildings on display which are not customary with residential buildings. No signs, other than a single identifying sign not exceeding two square feet in area, shall be permitted.
Not more than 25% of the existing gross floor area of the dwelling unit, not to exceed 700 square feet, is devoted to such use. In connection with such use, there is to be kept no stock-in-trade, commodities or products which occupy space beyond these limits.
There shall be no display of goods or wares visible from the street. No retail or wholesale sales or services to customers or clients shall take place on the premises, except as provided herein.
The building or premises occupied shall not be rendered objectional or detrimental to the residential character of the neighborhood due to its exterior appearance or emission of odor, gas, smoke, dust, noise or disturbance or in any other way become objectional or detrimental to any residential use within the neighborhood.
Any such building shall include no feature of design not customary in buildings for residential use.
If business clients or pupils come to the house for consultation or instruction on a regular basis, a special permit shall be required from the Board of Appeals.
The seasonal outdoor display and sale of fresh fruits, vegetables and nursery plants which were raised on the premises is permitted in the Single Residence and Special Single Residence Districts, provided that such displays and sales are limited to the summer growing season and sufficient parking facilities for customers are available.
Private swimming pools are allowed in all residential districts, provided that they:
Conform to the yard requirements for accessory buildings.
Are surrounded by a wall, barrier or uniform fence of at least five feet in height designed to discourage unauthorized access to the pool.
Are, if constructed below grade, equipped with a permanently installed drainage system designed to prevent overflow onto adjacent ways.
Unregistered vehicles. The ungaraged parking of an unregistered car, truck or trailer is not permitted in any residential district unless specifically authorized by the Board of Appeals by special permit. No such vehicle shall be stored between the principal building and a street line.
[Amended 5-6-1996 ATM by Art. 39]
The allowable number of commercial vehicles which may park in a residential district shall be as follows:
Special Single Residence District. No more than one commercial vehicle shall be parked on one lot.
Single Residence District. No more than one commercial vehicle shall be parked on one lot.
General Residence District. No more than one commercial vehicle per dwelling unit shall be parked on one lot.
A special permit is required if the number of commercial vehicles exceeds the above number.
The parking of commercial vehicles in a residential district is subject to the following regulations:
The vehicle shall not exceed one-ton capacity (manufacturer's rating).
The vehicle shall not be loaded with flammable, noxious or dangerous materials.
The vehicle shall be permitted only if used as a means of transportation to and from the resident's place of business.
The vehicle shall be parked within the property lines of the lot but shall not be parked in the area immediately in front of the principal dwelling unless the area is paved and leads to a garage.
Residential accessory uses.
Single-family. Single-family residential accessory uses shall include the following:
Private swimming pool, provided that a fence or protective barrier not less than five feet in height and having self-latching devices on all gates shall be installed and maintained so as to completely enclose the swimming pool. All latches shall be located not less than four feet above ground.
Temporary yard, lawn or garage sales with permit (one day a year).
Garage for parking noncommercial vehicles.
Storage shed or barn not exceeding 1,200 square feet in area or 25 feet in height.
[Added 5-10-1993 ATM by Art. 34]
Purpose and intent. It is the specific purpose and intent of allowing accessory apartments within one-family properties, except where enforceable deed covenants prohibit the same, in all one-family residence districts to meet the special housing needs of families. To help achieve these goals and to promote the other objectives of this chapter, specific standards are set forth below for such accessory apartment uses.
Accessory apartments may be created only within single-family dwellings which are located on lots meeting the minimum lot area and width requirements of the applicable zone.
Owner occupancy required. The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises. The special permit shall be issued to the owner of the property. Should there be a change in ownership, a change in the residence of the owner or the death or removal of the surviving parent or family member occupying the accessory apartment, the special permit use and the certificate of occupancy for the accessory apartment shall become null and void. Within 90 days of the death or removal of the surviving parent or family member, or prior to a change in ownership or residence, the second kitchen shall be removed and the house shall revert to a single-family status. Should the new owner decide to live in the structure and desire to continue the use of the second dwelling unit, he shall apply to the Zoning Board of Appeals for a special permit. The owner-applicant shall be required to file on the subject property a declaration of covenants prior to the issuance of a special permit for an accessory apartment. This declaration shall be in favor of the Town of Wakefield and state that:
The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the undersigned and the spouse of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his principal residence.
The new owner of the premises shall have to apply to the Zoning Board of Appeals for a special permit to continue the accessory apartment.
The special permit shall be issued on a year-to-year basis, and the Board of Appeals shall not renew any such permit where the need for such accessory use no longer exists. The Board shall require a bond or surety to insure that any improvements made shall be removed at the expiration of such special permit or the sale of the premises, whichever occurs first.
An accessory apartment must be located in the principal dwelling, provided that such principal dwelling conforms to the other requirements of this chapter, unless a variance therefor shall have been granted by the Zoning Board of Appeals.
Apartment size. The minimum floor size for an accessory apartment within a principal dwelling building shall be 300 square feet, but in no case shall it exceed 25% of the habitable area of the dwelling in which it is located, unless in the opinion of the Zoning Board of Appeals a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building.
The accessory apartment shall not involve the extension or enlargement of the principal dwelling, except to provide access or egress, nor shall it change the single-family characteristic of the dwelling.
There shall be no more than one accessory apartment for a total of two dwelling units permitted per lot.
Applications for accessory apartments shall be subject to approval solely by the Board of Appeals.
Applications need only contain such information to determine compliance with regulations set forth herein.
[Added 5-1-2017 ATM by Art. 29]
Purpose and intent. It is the specific purpose and intent that an art/craft studio, whether attached or detached from the principal building, will be compatible with other permitted uses, particularly in residential neighborhoods.
The space will be principally used as a studio for independent arts/crafts people in the creation of their own work. Mass production and assembly line techniques are prohibited.
The type of studio use shall be appropriate to the particular building and its location:
The building shall be structurally sound.
The proposed studio use will not generate traffic in volume or type in excess of that normally occurring in the adjacent neighborhood.
No bulk storage of toxic or highly flammable materials shall occur.
The proposed studio use shall satisfy all applicable building, firesafety, and health codes.
Noise shall be restricted to levels customarily permitted in the districts.
Noxious odors, dust, and/or fumes shall be effectively disposed of and confined to the premises to avoid air pollution and nuisance to the adjacent neighborhood.
Storage of materials must be carried out within the building.
All activities conducted in an accessory structure are limited in size by the provisions governing an accessory building type outlined in § 190-22A(1)(e).
Such activity shall be carried on only by the person residing on the premises and no more than one person, not a member of the household, shall practice or be employed at one time per studio.
There shall be no retail sales except as may occur as an activity incidental to the exhibition permitted in § 190-22A(1)(g) below.
No display of advertising signs except for a small announcement sign having an area of not more than three square feet.
Shipping and delivery is restricted to parcel and small freight carriers.
No more than one off-street parking space is permitted for the art/craft accessory use.
Public exhibitions and their advertisement shall not be permitted except as specifically authorized in the special permit. The number and duration of any such exhibitions shall be specifically stated, shall be for arts/crafts created on the premises, and shall only be permitted upon finding that the residential or other prevailing neighborhood character will not be significantly, negatively affected.
The special permit for an art/craft studio accessory use shall terminate upon the death of the owner and the spouse of the owner or upon transfer of title to said premises.
Multifamily. In multifamily developments, the following accessory uses may be included if reserved for the occupants' use: administrative offices, club rooms, common laundry room, swimming pool and other recreational facilities.
Agricultural accessory uses.
Agricultural accessory retail. The sale of natural products raised on the premises and of articles manufactured on the premises from such products is a permitted accessory use to commercial farming, provided that this shall not include any salesroom or other building for the sale or manufacture of such products unless specifically allowed by the Table of Use Regulations.
Roadside stand. The Building Inspector shall grant a permit for a roadside stand in the districts where permitted, provided that:
Business accessory uses.
Accessory business production. Light manufacturing or preparation of products customarily sold on the premises by the producer to the consumer is permitted if limited to not more than 25% of the total gross floor area of the establishment and not engaging more than five employees at one time.
Accessory drive-up service. A drive-up or drive-in window for a bank, laundry drop or the like shall require a special permit from the Board of Appeals to ensure that moving or waiting cars create no hazard or obstruction on a street or parking lot used by the general public. Drive-up service shall not constitute a nuisance of any type and shall not operate after 11:00 p.m.
Accessory outdoor storage and display. Outdoor storage and display accessory to a business next to a residential district shall not be permitted within 15 feet of the district boundary.
Industrial accessory uses.
Accessory parking and loading. Parking and loading accessory to an industrial use is permitted in industrial and business districts, subject to the requirements of Article VII, Parking and Loading Requirements.
Accessory outdoor storage and display. The requirements of Subsection C(3) above for business shall apply.
Accessory industrial retail. The finished products of an industrial establishment may be sold in the enclosed premises at retail, provided that:
Accessory employee services. Provision may be made on the premises of an industrial or office establishment or within an industrial park for the primary use of persons employed or having business there to serve food, to sell small convenience articles, to provide areas for recreation and meeting and for the provision of a day nursery, kindergarten or day-care center.
See Table 1 which is declared to be a part of this chapter.
In the following Table of Use Regulations, the uses permitted by right in the district are designated by the letter "Y." Those uses that are permitted by special permit in the district are designated by the letters "SP." Those uses that are not permitted in the district are designated by the letter "N."
The use regulations set forth in this article applicable to every lot of land in the Municipal District shall be the same as the use regulations applicable to the zoning district surrounding such lot of land as set forth in Table 1, the Table of Use Regulations; except that in the case of a lot of land in the Municipal District which is adjacent to two or more zoning districts, the use regulations applicable to such lot of land shall be the same as the use regulations applicable to the least-restrictive such adjacent zoning district.
[Added 4-13-2000 ATM by Art. 26]
Any residential use may be allowed by a municipal building reuse special permit in the Municipal Building Reuse Overlay District.
[Added 8-17-2006 STM by Art. 2]
The operation of any marijuana establishment, as defined in MGL c. 94G, § 1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, is prohibited in all zoning districts of the Town. This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.
[Added 5-1-2017 ATM by Art. 25]
[Added 5-6-1996 ATM by Art. 37; amended 5-5-1997 ATM by Art. 39]
Adult bookstores, adult clubs, adult theaters, adult video stores, adult paraphernalia stores and establishments which display live nudity for their patrons are subject to the following regulations:
Adult bookstores, adult clubs, adult theaters, adult video stores, adult paraphernalia stores and establishments which display live nudity for their patrons may not be located:
Within 1,000 feet of each other.
Within 1,000 feet of a nonprofit educational use, library or museum.
Within 1,000 feet of a park or playground.
All adult bookstores, adult clubs, adult theaters, adult video stores, adult paraphernalia stores and establishments which display live nudity for their patrons must meet the setback requirement of the appropriate district. All signage must meet the requirements of the Sign Bylaw. No advertisement, display or other promotional material which contains sexually explicit graphics or sexually explicit text is to be visible to the public from any public way, including but not limited to pedestrian walkways.
If the business allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All shall be clearly seen from the center of the establishment.
The application for a special permit under § 190-44 must include the following information:
Name and address of the legal owner of the establishment.
Name and address of all persons having a lawful equity or security interest in the establishment.
A sworn statement must be provided stating that neither the applicant nor any person having an equity or security interest in the establishment has been convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28.
Proposed security precautions.
The number of employees.
No special permit shall be issued under this section to any person convicted of violating MGL c. 119, § 28.