[Amended 4-7-2011 ATM by Art. 19]
101.1.
For the purpose of promoting the health, safety, convenience,
and welfare of the inhabitants of the Town of Wayland, the height,
number of stories and size of buildings and structures; the size and
width of lots; the portion of a lot that may be built upon; the size
of yards and other open spaces; the intensity and usage of lots; and
the location and use of buildings, structures and land for trade,
industry, residence or other purposes are hereby regulated and restricted
as herein provided.
101.2.
The Town of Wayland is divided into the districts hereinafter
specified, and their regulations and restrictions are established
as herein provided, all with the purpose of conserving the value of
buildings and encouraging the most appropriate use of land throughout
the Town.
[Amended 4-7-2011 ATM by Art. 19]
102.1.
The regulations and restrictions set forth in this Zoning Bylaw
for each of the districts defined and described herein shall apply
to the erection, construction, reconstruction, alteration and/or use
of all buildings, structures, and/or land in the Town of Wayland.
[Amended 4-30-1975 ATM by Art. 28; 4-28-1986 ATM by Art. 25]
103.1.
The invalidity of one or more articles, sections, paragraphs,
sentences, clauses or provisions of this Zoning Bylaw shall not invalidate
or impair any other part of this Zoning Bylaw nor invalidate this
Zoning Bylaw as a whole.
[Amended 5-3-1993 ATM by Art. 19]
104.1.
Unless otherwise expressly stated, words used in this Zoning
Bylaw shall have the definitions in, first, the Zoning Act (MGL c.
40A, § 1A) or, if not defined in said section of said Act,
then in this Article, or, if not defined in either said Act or in
this Article, then in the most recent edition of the Code of Massachusetts
Regulations (CMR), the Massachusetts State Building Code (the Building
Code) or, successor code. Additional definitions applicable to particular
provisions, including overlay districts, in this Zoning Bylaw may
be found under the particular Article regulating those districts.
[Amended 4-30-1975 ATM by Art. 31; 5-3-1993 ATM by Art. 17; 4-7-2011 ATM by Art. 19]
104.2.
ACCESSORY DWELLING UNIT
ACCESSORY STRUCTURE
ACCESSORY USE
AFFORDABLE DWELLING UNIT (ADU)
AGRICULTURE
ASSISTED/INDEPENDENT LIVING
AUTOMOBILE SALES
AUTOMOBILE SERVICE GARAGE
AUTOMOBILE SERVICE STATION
BATHROOM
BOARDINGHOUSE
BOAT OR CANOE RENTAL
BUILDING
BUILDING HEIGHT
CONSERVATION LAND
CONSTRUCTION YARD
DEP
DHCD
DRIVE-IN, DRIVE-THROUGH OR DRIVE-UP RESTAURANT
DRIVE-IN, DRIVE-THROUGH OR DRIVE-UP USES
DWELLING, ATTACHED (ATTACHED DWELLING)
DWELLING, DETACHED (DETACHED DWELLING)
DWELLING, MULTIFAMILY (MULTIFAMILY DWELLING)
DWELLING, SINGLE-FAMILY (SINGLE-FAMILY DWELLING)
DWELLING UNIT (DWELLING)
EARTH
EDUCATIONAL
FLOOR AREA, GROSS (GROSS FLOOR AREA)
FLOOR AREA RATIO
FRONTAGE
GRADE
HAZARDOUS MATERIAL STORAGE
HEAVY VEHICLE REPAIR GARAGE
HOME OCCUPATION, CUSTOMARY (CUSTOMARY HOME OCCUPATION)
HOSPITAL
HOUSEKEEPING UNIT
JUNKYARD
KENNEL
LAVATORY
LIGHT MANUFACTURING
LOT
MARJIUANA ESTABLISHMENT
MASSDOT
MEDICAL/DENTAL CARE CENTER
MEMBERSHIP CLUB, FOR PROFIT
MEMBERSHIP CLUB, NONPROFIT
MOVE or MOVEMENT
MUSEUM or LIBRARY
NONCONFORMING USE OF BUILDING, STRUCTURE, OR LOT
NURSERY SCHOOL or DAY-CARE
NURSING HOME
OFFICE
PARKING FACILITY
PERSONAL AND OTHER SERVICE ESTABLISHMENTS
PUBLIC OR CHARITABLE INSTITUTION
RAILROAD STATION/RAILROAD RIGHT-OF-WAY
RECREATION/PARK
RELIGIOUS
RESEARCH AND DEVELOPMENT LABORATORIES/OFFICES
RESTAURANT
RETAIL STORE
RIGHT-OF-WAY
ROADSIDE STAND
ROADSIDE STAND (ACCESSORY)
SETBACK
SPGA
STOR(E)Y
STREET
STRUCTURE
STUDIO
TOWN
TRADE SHOP
UTILITY FACILITY
WAREHOUSE/DISTRIBUTION
WIRELESS COMMUNICATIONS FACILITY
YARD, FRONT
YARD, REAR
YARD, SIDE
ZBA
As used in this Zoning Bylaw, the following terms shall have
the meanings indicated:
[Amended 5-2-1996 STM by Art. 3; 5-7-1997 ATM by Art. 38]
A dwelling unit located in a single-family dwelling, or a
building accessory thereto, and occupying no more than 35% of the
combined gross floor area of the accessory dwelling unit and the principal
single-family dwelling.
[Amended 4-7-2011 ATM by Art. 19]
A building or structure, the use of which is customarily
incidental to, and located on the same lot with, the building or structure
to which it is accessory.
[Amended 4-7-2011 ATM by Art. 19]
A use of land, building(s), or structure(s) customary with,
and incidental to, any permitted use and located on the same lot with,
the use to which it is accessory, or on an adjacent lot under the
same ownership, including a garage for three cars or fewer, carport,
noncommercial greenhouse, toolshed, barn, swimming pool, and tennis
court.
[Amended 4-7-2011 ATM by Art. 19]
A residential unit that is restricted in its sale, lease
or rental to a qualified income-eligible household at specific price
limits that qualify such residential unit for inclusion in the Chapter
40B Inventory of Subsidized Housing maintained by the Commonwealth
of Massachusetts Department of Community Affairs, Department of Housing
and Community Development.
[Added 5-4-2005 STM by Art. 1]
Farming in all of its branches and the cultivation and tillage
of the soil, dairying, the production, cultivation, growing and harvesting
of any agricultural, aquacultural, floricultural or horticultural
commodities, the growing and harvesting of forest products upon forest
land, the raising of livestock including horses, the keeping of horses
as a commercial enterprise, the keeping and raising of poultry, swine,
cattle and other domesticated animals used for food purposes, bees,
fur-bearing animals, and any forestry or lumbering operations, performed
by a farmer, who is hereby defined as one engaged in agriculture or
farming as herein defined, or on a farm as an incident to or in conjunction
with such farming operations, including preparations for market, delivery
to storage or to market or to carriers for transportation to market.
[Added 4-7-2011 ATM by Art. 19]
See Article 21.
[Added 4-7-2011 ATM by Art. 19]
The use of any building, structure, or lot for the display
and sale of new or used automobiles, including light trucks, vans,
trailers or recreational vehicles, and any accessory vehicle preparation
and repair work associated with such sale.
[Added 4-7-2011 ATM by Art. 19]
The use of any building, structure or lot for the repair
of automobiles, including light trucks, vans, trailers or recreational
vehicles.
[Added 4-7-2011 ATM by Art. 19]
The use of any building, structure, or lot for the sale of
vehicular fuels, service and repair of automobiles, including light
trucks, vans, trailers or recreational vehicles, and any accessory
use and sale of products related to such sales and service.
[Added 4-7-2011 ATM by Art. 19]
A room equipped for taking a bath or shower.
[Added 4-7-2011 ATM by Art. 19]
An establishment in which permanent lodging is provided for
consideration to more than three persons unrelated to the owner or
proprietor. Boardinghouse includes dormitories.
[Added 4-7-2011 ATM by Art. 19]
The rental, storage, maintenance and repair of small boats
and canoes, non-motorized or no more than 10 horsepower, and equipment
and accessories customarily incidental to their normal operation,
including outboard motors and boat trailers; seasonal sale of boats
and occasional sale of accessory items.
[Added 4-7-2011 ATM by Art. 19]
A structure with a roof supported by columns or walls and
intended to shelter people, animals or goods.[1]
[Added 4-7-2011 ATM by Art. 19]
The distance, measured vertically from the average grade
to the highest roof element.
[Amended 4-7-2011 ATM by Art. 19]
Land that is left in its natural state or which is improved
with trails and resource management programs that do not significantly
alter the land's natural state.
[Added 4-7-2011 ATM by Art. 19]
An establishment for storage of lumber and other construction
supplies, materials, and equipment.
[Added 4-7-2011 ATM by Art. 19]
Massachusetts Department of Environmental Protection, or
any successor agency.
Massachusetts Department of Housing and Community Development,
or any successor agency.
An establishment, the principal business of which is the
sale of food or beverages in a ready-to-consume state and for which
the method of operation includes sale of food or beverages in paper,
plastic, or other disposable container or service of food or beverages
directly to a consumer in a vehicle.
[Added 4-7-2011 ATM by Art. 19]
A retail or consumer service use of a building, structure
or lot, other than a restaurant, in which the business transacted
is conducted by a customer or client from within a vehicle.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
A building designed or occupied as a residence and separated
from another attached dwelling on one or both sides, either by a vertical
party wall or walls or by a contiguous wall or walls, without side
yards.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
A building that is designed or occupied as a residence and
that is separated by side yards from any other building or structure
or structures except accessory buildings or structures.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
A building containing more than two dwelling units.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
A dwelling unit for one housekeeping unit.
[Added 4-7-2011 ATM by Art. 19]
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation; but no trailer, trailer
coach or mobile home, whether or not self-propelled, and whether or
not the wheels thereof may have been removed, shall be construed to
be a dwelling.
[Amended 5-5-1999 STM by Art. 11; 4-7-2011 ATM by Art. 19]
Includes soil, loam, sand, gravel, clay, rock or other natural
minerals and peat, and any combination of such materials.
[Added 5-6-2004 ATM by Art. 23; amended 4-7-2011 ATM by Art. 19]
Educational uses exempt from regulation by the Zoning Act
(MGL c. 40A, § 3).
[Added 4-7-2011 ATM by Art. 19]
The sum of all floor areas within the perimeter of the outside
walls of the building under consideration, without deduction for bathrooms,
toilet compartments, lavatories, hallways, stairs, closets, thickness
of walls, columns or other features; but excluding unfinished basements,
cellars and attics, space used for mechanical systems, garages, and
areas open to below such as foyer spaces, balconies, and two-story
atriums.[2]
[Amended 5-5-1999 STM by Art. 11; 4-7-2011 ATM by Art. 19]
The gross floor area of all buildings and structures on a
lot divided by the total lot area.
The linear extent of the front of a lot measured along the
street lot line of the right-of-way from the intersection of one side
lot line to the intersection of the other lot line of the same lot
along the same right-of-way. Noncontiguous frontage shall not be considered
with regard to meeting frontage requirements. A building lot that
is located on more than one street may not combine frontage on the
streets and shall have the minimum frontage requirement on one such
street.
[Added 5-5-1999 STM by Art. 11; amended 5-3-2000 ATM by Art. 32; 4-7-2011 ATM by Art. 19]
A reference plane representing the average of finished ground
adjoining the building at all exterior walls, established by the lowest
points within the area between the building and a point six feet from
the building.[3]
Storage or disposal of hazardous materials.
[Added 4-7-2011 ATM by Art. 19]
Establishment for the repair of trucks, construction equipment
or other similar heavy motor vehicles and equipment, and vehicle body
work shop, provided that the making of all but minor repairs must
be conducted wholly within a building sufficiently sound insulated
to confine noise to the lot.
[Added 4-7-2011 ATM by Art. 19]
Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit or an accessory structure. Said occupation to include but are not necessarily limited to the following: sale of antiques; dressmaking, sewing and tailoring; letting of rooms; telephone solicitation work; tutoring; home crafts; studio for artist or craftsman; office for doctor, dentist, attorney, real estate agent, insurance agent, accountant, stock broker, engineer, architect, landscape architect, musician, writer, data programming, sales representative; and tradesperson, such as electrician, plumber, and carpenter. Where customary home occupations are permitted by the Table of Accessory Uses § 198-804, no dwelling or accessory structure so used shall be reconstructed or enlarged for such purposes unless specifically permitted under the provisions of § 198-203.
[Added 4-30-2001 ATM by Art. 25; amended 4-7-2011 ATM by Art. 19]
A licensed sanitarium or hospital.
[Added 4-7-2011 ATM by Art. 19]
One or more persons living together and sharing the same
kitchen facilities, water services and energy services.
A commercial salvage yard, commercial junkyard, or all open-air
storage of junk, waste products, and salvage materials, including
non-operative motor vehicles.
[Added 4-7-2011 ATM by Art. 19]
The maintenance of dogs and suitable shelters therefor.
[Added 4-7-2011 ATM by Art. 19]
A room fitted for plumbing fixtures for washing the hands
and face and water closets.
[Added 4-7-2011 ATM by Art. 19]
Manufacturing that employs electricity, and/or other quiet
motive power, utilizes hand labor, and/or quiet machinery, and/or
processes and that is free from neighborhood-disturbing odors or other
neighborhood-disturbing characteristics such as noise or dust.
[Added 4-7-2011 ATM by Art. 19]
An area of land in one ownership with definite external boundaries
and without any other legal boundaries or lines that are internal
to said external boundaries, excepting easements.
[Amended 4-7-2011 ATM by Art. 19]
As defined in Section 1 of Chapter 94G of the General Laws,
meaning a "marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business."
[Amended 11-14-2017 STM
by Art. 12]
Massachusetts Department of Transportation, formerly MassHighway
Department, or any successor agency.
[Added 4-7-2011 ATM by Art. 19]
A center for medical, dental, clinical and public health
service and supporting services for the foregoing, such as offices
and laboratories.
[Added 4-7-2011 ATM by Art. 19]
Membership clubs and nongovernmental recreational facilities
devoted to outdoor sports, recreational or social activities, including
buildings and lots, when the chief activity is customarily carried
out as a gainful business.[4]
[Added 4-7-2011 ATM by Art. 19]
Membership clubs and nongovernmental recreational facilities
devoted to outdoor sports, recreational or social activities, including
buildings and lots, except when the chief activity is customarily
carried out as a gainful business.
[Added 4-7-2011 ATM by Art. 19]
To dig, excavate, remove, deposit, fill, grade, replace,
level, or otherwise alter or change the location or contour of land.
[Added 5-6-2004 ATM by Art. 23]
A museum or library open to the public or connected with
a permitted educational use and not conducted as a for-profit business.
[Added 4-7-2011 ATM by Art. 19]
An existing use of a building, structure, or lot that does
not conform to the Zoning Bylaw.
[Amended 4-7-2011 ATM by Art. 19]
Nursery school and day-care centers and other facilities
that receive children of school or preschool age for temporary custody,
with or without stated educational purposes, during all or part of
the day.
[Added 4-7-2011 ATM by Art. 19]
A licensed nursing, rest or convalescent home for the care
of the sick or aged. No nursing home may be located within 30 feet
of any lot line.
[Added 4-7-2011 ATM by Art. 19]
A business, government or professional office; a medical
office, including laboratories incidental thereto.
[Added 4-7-2011 ATM by Art. 19]
A commercial parking lot or garage for four or more vehicles.
[Added 4-7-2011 ATM by Art. 19]
Any establishment providing services involving the care of
a person or his or her apparel or establishments providing services
to the general public or to other business establishments, including
a repair shop for household or office items.[5]
[Added 4-7-2011 ATM by Art. 19]
A public or charitable institution not of a correctional
nature, provided that no building shall be within 30 feet of any lot
line.
[Added 4-7-2011 ATM by Art. 19]
Railroad passenger stations or rights-of-way, including customary
services therein, but not including switching, storage or freight
yards or sidings.
[Added 4-7-2011 ATM by Art. 19]
Parks; water supply reservations; public military and veterans
memorials and monuments; and recreational facilities owned or operated
by the Town.
[Added 4-7-2011 ATM by Art. 19]
Places of worship and other religious uses exempted from
regulation by the Zoning Act (MGL c. 40A, § 3).
[Added 4-7-2011 ATM by Art. 19]
An establishment for carrying on investigations in the natural,
physical, or social sciences, including engineering and product development.
[Added 4-7-2011 ATM by Art. 19]
An establishment for the serving and consumption of food
and beverages inside a building at tables or counters.
[Added 4-7-2011 ATM by Art. 19]
A store, showroom or salesroom for the sale, preparation
and display of merchandise within a building. Garden centers, florists
or commercial greenhouses may have open-air displays of horticultural
products. Retail stores may have seasonal open-air displays of merchandise.
[Added 4-7-2011 ATM by Art. 19]
The full strip of land, whether public or private, designated
for vehicular and sometimes pedestrian traffic, consisting of the
pavement or traveled way and any planting strips and sidewalks. A
right-of-way so designated shall be available only for such uses as
are customary for rights-of-way in the Town of Wayland and shall not
be available for any private construction, such as buildings, fuel
tanks, septic systems, fences, walls or paved parking areas.
A farm stand for the sale of produce.
[Added 4-7-2011 ATM by Art. 19]
For yearly terms only, a roadside stand for the sale of produce
of the land of the owner and of other land within the Town, provided
that the front yard regulations are complied with.
[Added 4-7-2011 ATM by Art. 19]
The shortest distance from the lot line or right-of-way to
the wall of a building or structure facing thereon.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
Special permit granting authority.
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
Any public way used for vehicular traffic, or any private
way used as a public way for such traffic.
[Amended 5-5-1999 STM by Art. 11]
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, tent, reviewing stand, platform, bin, fence, sign, flagpole,
recreational tramway, mast for radio antenna or the like. The word
"structure" shall be construed, where the context requires, as though
followed by the words "or part or parts thereof."
A place for art, music, dance and similar activities or classes.
[Added 4-7-2011 ATM by Art. 19]
The Town of Wayland (unless used generically with no capitalization).
A shop used by practitioners of the building trades, provided
that all work and storage shall be conducted within a building.
[Added 4-7-2011 ATM by Art. 19]
A building housing facilities for communications or other
utility uses.
[Added 4-7-2011 ATM by Art. 19]
A building for the enclosed storage of goods and materials
where the wholesale sale of goods or materials is permitted, provided
that such sale is incidental to the warehouse use.
[Added 4-7-2011 ATM by Art. 19]
A structure which may include a tower, one or more antennas
and one or more accessory structures designed to facilitate the following
types of services: cellular telephone service, personal communications
service and enhanced specialized mobile radio service.
[Amended 5-7-1997 ATM by Art. 32]
The space extending across the full width of the lot and
lying between the front lot line or lines and the nearest point of
the building or structure.
[Amended 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
The space extending across the full width of a lot and lying
between the nearest point of the building or structure and the rear
lot line, or the corner of a triangular lot farthest from the front
lot line in the case of a triangular lot with only one lot line along
a right-of-way.
[Amended 5-5-1999 STM by Art. 11; 4-7-2011 ATM by Art. 19]
The space between a side lot line of a lot and the nearest
point of the building or structure, and extending from the front yard
to the rear yard.
[Amended 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
The Wayland Zoning Board of Appeals.
[1]
Editor's Note: The former definition of "building envelope,"
added 5-3-2000 ATM by Art. 32, which followed, was repealed 4-7-2011
ATM by Art. 19.
[2]
Editor's Note: The former definition of "floor area, net,"
which immediately followed this definition, was repealed 4-7-2011
ATM by Art. 19.
[3]
Editor's Note: The former definition of "habitable space,"
which immediately followed this definition, was repealed 4-7-2011
ATM by Art. 19.
[4]
Editor's Note: The former definition of "MHD," which followed,
was repealed 4-7-2011 ATM by Art. 19.
[5]
Editor's Note: The former definition of "premises," which
followed, was repealed 4-7-2011 ATM by Art. 19.
