Town of Wakefield, MA Use Regulations

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.

(d)

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.

§ 190-22 Accessory uses.

Residential accessory uses.

Single-family. Single-family residential accessory uses shall include the following:

Home occupation as defined in § 190-4, Definitions and word usage.

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).

(d)

Garage for parking noncommercial vehicles.

(e)

Storage shed or barn not exceeding 1,200 square feet in area or 25 feet in height.

(f)

Accessory apartments.

[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.

[2]

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.

[3]

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:

[a]

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.

[b]

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.

[4]

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.

[5]

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.

[6]

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.

[7]

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.

[8]

There shall be no more than one accessory apartment for a total of two dwelling units permitted per lot.

[9]

Applications for accessory apartments shall be subject to approval solely by the Board of Appeals.

[10]

Applications need only contain such information to determine compliance with regulations set forth herein.

(g)

Art/craft studio.

[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.

[2]

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.

[3]

The type of studio use shall be appropriate to the particular building and its location:

[a]

The building shall be structurally sound.

[b]

The proposed studio use will not generate traffic in volume or type in excess of that normally occurring in the adjacent neighborhood.

[c]

No bulk storage of toxic or highly flammable materials shall occur.

[d]

The proposed studio use shall satisfy all applicable building, firesafety, and health codes.

[e]

Noise shall be restricted to levels customarily permitted in the districts.

[f]

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.

[g]

The building will conform to dimensional regulations regulated in § 190-31C(5).

[4]

Storage of materials must be carried out within the building.

[5]

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).

[6]

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.

[7]

There shall be no retail sales except as may occur as an activity incidental to the exhibition permitted in § 190-22A(1)(g)[11] below.

[8]

No display of advertising signs except for a small announcement sign having an area of not more than three square feet.

[9]

Shipping and delivery is restricted to parcel and small freight carriers.

[10]

No more than one off-street parking space is permitted for the art/craft accessory use.

[11]

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.

[12]

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.

[13]

In issuing a special permit under this § 190-22A(1)(g) the Zoning Board of Appeals shall state the specific arts and crafts uses or range of uses being authorized for each studio granted a permit.

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.[1]

Editor's Note: See § 190-23.

Roadside stand. The Building Inspector shall grant a permit for a roadside stand in the districts where permitted, provided that:

The products and articles sold are limited to those permitted in § 190-19.

Such stand is set back at least 50 feet from any lot line.

Adequate provision is made for off-street parking on the premises.

(d)

Such stand or display is neatly maintained.

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.

Accessory parking and loading. Parking and loading accessory to a business use is permitted in industrial and business districts, subject to the requirements of Article VII, Parking and Loading Requirements.

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:

The floor area devoted to such retail does not exceed 10% of the total gross floor area.

Accessory retail parking, signs and illumination are regulated as for a business district.

The retail portion of the establishment is closed to the public during periods of change of shift.

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.

§ 190-23 Table of Use Regulations.

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."

Table 1 Table of Use Regulations
Legend:
	Y = Permitted by right
	SP = Permitted by special permit
	N = Not permitted

Principal Permitted Uses		Zoning Districts
		SSR	SR	GR	MR¹	NB	LB	B	LI	I	Assisted Living Facility Overlay District
Residential and institutional uses
Single-family detached dwelling [Amended 11-8-2004 RTM by Art. 30;11-19-2015 RTM by Art. 11 ]		Y	Y	Y	Y	Y	N	N	N	N
Open space development (see § 190-93) [Added 11-8-2004 RTM by Art. 3011-19-2015 RTM by Art. 11 ]; amended11-8-2004 RTM by Art. 31; 11-19-2015 by Art. 11]
	Detached single-family units only [D-1]	SP²	SP²	N	N	N	N	N	N	N
	Including attached dwellings [D-2]	SP³	SP³	N	N	N	N	N	N	N
Mixed use development (see § 190-94) [D-3] [Added 11-8-2004 RTM by Art. 33]		N	N	N	SP⁴	N	N	SP⁴	SP⁴	SP⁴
Creative development (see § 190-95) [D-4] [Added 11-8-2004 RTM by Art. 34]		N	N	N	Y⁵	N	N	Y⁵	Y⁵	Y⁵
Religious purpose		Y	Y	Y	Y	Y	Y	Y	Y	Y
Nonprofit educational use, library or museum		Y	Y	Y	Y	Y	Y	Y	Y	Y
School or educational use conducted as a business		N	N	N	N	Y	Y	Y	Y	Y
Charitable or philanthropic use		SP	SP	SP	Y	Y	Y	Y	Y	Y
Railroad local passenger station		N	Y	Y	Y	Y	Y	Y	Y	Y
Membership club (noncommercial)		N	N	SP	Y	Y	Y	Y	Y	Y
Agriculture, horticulture or floriculture use, for domestic use only		Y	Y	Y	Y	Y	Y	Y	Y	Y
Agriculture, horticulture or floriculture use, site of 5 acres or more		Y	Y	Y	Y	Y	Y	Y	Y	Y
Municipal recreational use		SP	Y	Y	Y	Y	Y	Y	Y	Y
Governmental administration or public safety building		Y	Y	Y	Y	Y	Y	Y	Y	Y
Home occupation (as defined in § 190-4)		N	Y	Y	N	Y	Y	Y	N	N
Reservation, conservation or wildlife preserve		Y	Y	Y	Y	Y	Y	Y	Y	Y
Conversion of pre-1935 dwelling to 2-family use on a lot of at least 12,000 square feet (see § 190-32G)		N	SP	Y	Y	Y	N	Y	N	N
Conversion of a dwelling to 3- or 4-family use on a lot of at least 13,000 square feet (see § 190-32G)		N	N	SP	N	N	N	SP	N	N
Telephone exchange or public utility use, excluding any office, storage or repair use		N	SP	SP	Y	Y	Y	Y	Y	Y
Hospital, sanitarium or convalescent or nursing home		N	N	SP	N	SP	SP	N	N	SP
Assisted living facility [Added 5-14-2012 ATM by Art. 29]		N	N	N	N	SP	SP	SP	SP	SP	SP
Cemetery		N	SP	SP	N	Y	SP	SP	Y	Y
2-family dwelling		N	N	Y	Y	Y	N	Y	N	N
Mobile home park		N	N	N	N	N	N	N	N	N
Garden apartment or attached dwelling complex [Amended 11-15-2001 RTM by Art. 15]		N	N	N	SP	N	SP	SP	SP	SP
Mid-rise apartment [Amended 11-15-2001 RTM by Art. 15]		N	N	N	SP	N	SP	SP	SP	SP
Day-care center		N	N	SP	SP	SP	SP	SP	SP	SP
Family day-care home		SP	SP	SP	N	SP	N	SP	N	N
Accessory use to a permitted residential use		Y	Y	Y	Y	Y	Y	Y	N	N
Accessory apartments in Single Residence uses as set forth in § 190-22A(1)(f) [Added 5-10-1993 ATM by Art. 33]		N	SP	N	N	N	N	N	N	N
Accessory apartments in Special Single Residence uses as set forth in § 190-22A(1)(f) [Added 5-19-1994 ATM by Art. 36]		SP	SP	N	N	N	N	N	N	N
Art/craft studio [Added 5-1-2017 ATM by Art. 29]		SP	SP	SP	SP	SP	N	SP	N	N
Business uses
Retail store or service establishment [Amended 5-7-1992 ATM by Art. 33]		N	N	N	N	Y	SP	Y	SP	SP
Retail, service or restaurant use accessory to an allowed industrial or commercial use		N	N	N	N	Y	SP	Y	SP	SP
Drive-in retail store or service establishment or bank		N	N	N	N	SP	SP	SP	SP	SP
Restaurant [Amended 6-7-1990 ATM by Art. 38; 5-23-1994 ATM by Art. 37]		N	N	N	N	Y	SP	Y	Y	Y
Sidewalk cafe [Added 5-14-2012 ATM by Art. 25]		N	N	N	N	N	N	Y	N	N
Fast food [Amended 5-23-1994 ATM by Art. 37]		N	N	N	N	N	N	SP	N	N
Office of a physician, dentist, lawyer or certified public accountant (CPA) not incidental to residential use		N	N	SP	SP	Y	Y	Y	Y	Y
Professional and business offices and financial institutions		N	N	N	N	Y	Y	Y	Y	Y
Theater, cinema, bowling alley or other indoor commercial amusement		N	N	N	N	N	N	SP	SP	SP
Hotel (intended for the occupation of transients)		N	N	N	N	N	SP	SP	SP	SP
Lodging or rooming house		N	N	SP	N	N	N	SP	N	N
Lodging unit		N	Y	Y	N	N	N	Y	N	N
Restaurant, newsstand, drugstore, barbershop or gift shop within and entered from a hotel or office building		N	N	N	N	N	Y	Y	Y	Y
Funeral home		N	N	SP	N	Y	N	Y	Y	Y
Veterinary establishment or kennel		N	N	N	N	N	N	N	N	SP
Municipal waste disposal facility or transfer station under the control of the Town		N	N	N	N	N	N	N	SP	SP
Gasoline station		N	N	N	N	N	N	SP	SP	SP
Self-service laundromat or dry-cleaning pickup station		N	N	N	N	Y	N	Y	N	N
Repair shop for household appliances and equipment)		N	N	N	N	Y	N	Y	Y	Y
Establishment for the sale or lease of new or used vehicles or boats, when displayed, sold or leased from the licensed premises [Amended 5-3-1993 ATM by Art. 38]		N	N	N	N	N	N	SP	N	SP
Auto repair garage		N	N	N	N	N	N	SP	N	SP
Public garage (commercial)		N	N	N	N	N	SP	SP	SP	SP
Public parking garage (noncommercial)		N	N	SP	N	SP	SP	SP	SP	SP
Commercial parking lot (nonaccessory)		N	N	N	N	N	SP	SP	SP	SP
Accessory uses to a permitted business use		--	--	SP	Y	Y	Y	Y	Y	Y
The display and sale upon an open lot or portion of a lot of merchandise or goods, other than natural trees and plants, not produced or manufactured upon said lot [Added 6-20-1991 ATM by Art. 37]		N	N	N	N	N	N	SP	SP	SP
Adult bookstore [Added 5-6-1996 ATM by Art. 37]		N	N	N	N	N	N	N	SP	SP
Adult club [Added 5-6-1996 ATM by Art. 37]		N	N	N	N	N	N	N	SP	SP
Adult theater [Added 5-6-1996 ATM by Art. 37]		N	N	N	N	N	N	N	SP	SP
Adult video store [Added 5-6-1996 ATM by Art. 37]		N	N	N	N	N	N	N	SP	SP
Adult paraphernalia store [Added 5-6-1996 ATM by Art. 37]		N	N	N	N	N	N	N	SP	SP
Establishment which displays live nudity for its patrons [Added 5-5-1997 ATM by Art. 39]		N	N	N	N	N	N	N	SP	SP
Body art establishment [Added 4-5-2001 ATM by Art. 16]		N	N	N	N	N	N	N	SP	SP
Registered marijuana dispensary [Added 5-4-2014 ATM by Art. 27]		N	N	N	N	N	N	N	SP	N
Municipal utility servicer or provider (including electric and gas), including related offices, warehouse, garages, parking of equipment and vehicles indoors or outdoors, storage of equipment and materials indoors or outdoors [Added 5-3-2010 ATM by Art. 27]		N	N	N	N	N	N	SP	N	SP
Marijuana establishment, as defined in MGL c. 94G, § 1 [Added 5-1-2017 ATM by Art. 25]		N	N	N	N	N	N	N	N	N
Industrial uses
Light manufacturing establishment, provided that it is not environmentally offensive and does not use noxious or hazardous materials		N	N	N	N	N	N	N	Y	Y
Light manufacturing, when a major portion of products is sold on the premises		N	N	N	N	SP	N	Y	Y	Y
Fabrication or assembly plant		N	N	N	N	N	N	N	Y	Y
Dry-cleaning plant or laundry		N	N	N	N	N	N	SP	Y	Y
Printing plant		N	N	N	N	N	N	SP	Y	Y
Wholesale or warehouse establishment		N	N	N	N	N	N	SP	Y	Y
Lumber yard, contractor's yard, outdoor storage of merchandise or equipment, excluding junk or salvage		N	N	N	N	N	N	SP	SP	Y
Research or testing laboratory, provided that it is not environmentally offensive and does not use noxious or hazardous materials		N	N	N	N	N	SP	SP	SP	Y
Trucking terminal		N	N	N	N	N	N	N	N	N
Accessory industrial use		--	--	--	--	SP	Y	Y	Y	Y

NOTES:
¹MR includes the MR-1 and MR-2 Districts, which are identical except that mid-rise apartments are not permitted in the MR-1 District.
²The Planning Board is the designated special permit granting authority for applications pursuant to §190-93 Open Space Development, a development option that applicants may voluntarily elect to propose for two or more lots configured to protect special natural and cultural features. [Added 11-8-2004 RTM by Art. 30; amended 11-19-2015 RTM by Art. 11]
³"N" unless located within an Attached Dwelling Overlay District as provided at § 190-93I. [Added 11-8-2004 RTM by Art. 31]
⁴"SP" if located within a Mixed Use Overlay District as provided at § 190-94. [Added 11-8-2004 RTM by Art. 33]
⁵Except "N" if not located within a Creative Development Overlay District as provided at § 190-95. [Added 11-8-2004 RTM by Art. 34]

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]

§ 190-24 Adult uses.

[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 500 feet of the nearest lot line of:

A residential district.

A place of worship or a building used for religious purposes unless the Board of Appeals first determines, in writing, that the use will not be detrimental to the spiritual activities.

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.[1] 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.

Editor's Note: See Art. XIII, Signs, of this chapter.

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.