[Amended 4-7-2011 ATM by Art. 19]
501.1.
Only those signs and exterior lighting as pertain to buildings, structures, or uses permitted in this Zoning Bylaw and on the same lot are permitted. Yard requirements as otherwise specified in this Zoning Bylaw shall apply to signs and exterior lighting fixtures and structures, except freestanding lampposts at a residence in a residential district, which lampposts shall have a minimum front yard setback requirement of 15 feet, to be measured from the front property line. Signage in residential districts shall be limited to that which is permitted by other sections of this Bylaw. Signage in districts other than residential districts may not exceed 40 square feet of area and 15 feet in height, including supporting structures and light sources. Signs attached to buildings may not rise above the front roofline of the building to which it is attached. Signs must be fixed in position so as not to rotate or oscillate. Signage in excess of that which is permitted may be allowed with a special permit issued by the special permit granting authority with appropriate jurisdictional responsibility for site plan approval, as provided for in § 198-603; provided, however, that signs with moving parts and internally illuminated signs are prohibited. The sign dimensions set forth in this Zoning Bylaw apply in the aggregate to all signs on the lot.
[Amended 4-29-1996 STM by Art. 1; 5-1-2002 ATM by Art. 30]
501.2.
Exterior lighting and lighting of signs shall be continuous illumination, not flashing, blinking or varying in color. Exterior lighting fixtures shall be designed and placed so that the light source shall be completely shielded or diffused so as not to produce glare at any point along the exterior lines of ways adjacent to the lot where the sign is located or at another lot in a residential district. Illumination of athletic fields, golf courses and tennis courts is permitted when a special permit is issued by the Zoning Board of Appeals under the provisions of § 198-203. The provisions of this article do not apply to the seasonal display of lights for the purpose of the celebration of holidays nor to signs and advertising devices that have been installed or erected pursuant to a special permit, which permit shall expire in seven days after issuance by the Select Board to a person or persons for any of the purposes set forth in MGL c. 180, §§ 2 and 4.
[Amended 5-14-1998 ATM by Art. 47; 5-1-2002 ATM by Art. 30]
502.1.
Real estate signs are permitted in all districts as of right,
but shall refer only to the building, structure, or lot on which they
are located and have an area not exceeding six square feet.
[Amended 4-7-2011 ATM by Art. 19]
502.2.
One contractors sign, not exceeding nine square feet in area,
maintained on the lot while a building is actually under construction
or being renovated is permitted. No more than one contractors sign
may be on the lot at any one time.
[Amended 4-7-2011 ATM by Art. 19]
502.3.
Nonresidential site development and subdivision signs are allowed
in the form of one wall-mounted or freestanding sign, erected at the
development/subdivision entrance from a street. The sign shall not
exceed 15 square feet, and may bear decorative or logo devices, but
no commercial advertisement. For nonresidential site development,
the sign shall not be erected prior to the issuance of a building
permit and shall be removed upon completion of construction or the
issuance of a certificate of occupancy, whichever comes first. For
subdivisions, the sign shall not be erected prior to the commencement
of construction activities and shall be removed upon the issuance
of the first certificate of occupancy or the issuance of certificates
of occupancy for 25% of the development, whichever comes later. Signs
shall be removed if construction activities have halted for a period
of 6 months and may be reinstalled with approval of the Building Commissioner
or designee. Signs required from federal, state, and/or local permitting
authorities are excluded from the provisions of this section.
[Amended 5-14-1998 ATM by Art. 47; 5-5-1999 STM by Art. 11; 4-3-2003 ATM by Art. 38; 4-7-2011 ATM by Art. 19]
503.1.
Unless authorized by a special permit issued by the ZBA pursuant to § 198-203.1 of this Zoning Bylaw, not more than one unregistered and ungaraged motor vehicle may be located on any lot in a Single Residence District, and no unregistered motor vehicle or boat may be placed or permitted to remain in the front yard of any such lot. Any person so locating a motor vehicle or boat shall each be punishable as specified in § 198-205.2 of this Zoning Bylaw.
[Amended 5-14-1998 ATM by Art. 47; 5-6-2004 ATM by Art. 23]
504.1.
No earth in excess of 500 cubic yards may be moved on any lot in any district which requires a minimum lot area of less than 40,000 square feet and no earth in excess of 1,500 cubic yards may be moved on any lot in any district which requires a minimum lot area of 40,000 square feet or more unless a special permit from the ZBA is obtained in accordance with the procedure provided in § 198-203, and only under such conditions as the ZBA may impose, with the following exceptions:
[Amended 4-7-2011 ATM by Art. 19]
504.1.1.
Where necessary as a part of farm or nursery activities or other
use protected under MGL c. 40A, § 3.
504.1.2.
Where the amount of earth to be moved is limited to the volume
of the foundation and basement of the principal building or structure,
or installation of septic systems, driveways, and walkways. The quantity
of material to be moved shall be certified by a registered professional
engineer or land surveyor.
504.1.3.
Where the movement is on Town-owned land or to be transferred
between or among Town-owned parcels.
[Amended 11-12-2008 STM by Art. 6]
504.2.
Nothing contained in § 198-504.1 shall prevent the continued use of any land for the purpose for which it is used at the time § 198-504.1 takes effect, which is May 14, 1998, or prevent the use of any land for farms, gardens, nurseries, cemeteries, parks, playgrounds and such purposes as are incidental to, or usual in connection with, any of said purposes.
[Amended 4-7-2011 ATM by Art. 19]
504.3.
Before a special permit is issued, the applicant shall show
to the satisfaction of the ZBA that the movement will not impair the
usability of the lot and adjacent lots for the purposes permitted
in this Zoning Bylaw, that the grades to be established within the
lot will permit vehicular access to the lot and the continuation of
streets from the abutting lots, and that the lot may ultimately be
developed compatibly with the neighboring land.
[Amended 4-7-2011 ATM by Art. 19]
504.4.
The movement of earth from within a subdivision, the plan of
which has been approved by the Planning Board and duly recorded in
the Middlesex South District Registry of Deeds, shall be permitted
as of right when and to the extent that such is necessary for the
lawful construction or alteration of a way shown on said plan or for
the lawful installation of utilities, drainpipes or drain structures
in said subdivision, provided that the quantity of earth so moved
shall not exceed that in place in the particular space to be occupied
by such way, utilities, drainpipes or drain structures, and subject
to any requirements made by the Planning Board endorsed or referred
to on the plan of such subdivision.
[Added 5-6-1999 STM by Art. 19; amended 5-6-2004 ATM by Art. 21]
505.1.
In all zoning districts all uses shall be conducted in a manner
so as not to create offensive or unreasonable noise, vibration, light,
smoke, gas, fumes, odor, dust, or so as to be dangerous to the public
health or safety.
[Amended 5-5-1999 STM by Art. 11; 5-5-2004 ATM by Art. 15[1]]
506.1.
Off-street parking space shall be provided in connection with
the original erection, or increase by units or dimensions, of any
building or structure in the following amounts except as otherwise
specified in the Zoning Bylaw:
506.1.1.
For general retail businesses, commercial and personal service
establishments, parking facilities on the basis of one parking space
per 140 square feet of gross floor area. In addition to this amount,
one parking space for every two employees shall be provided.
[Amended 5-5-2004 ATM by Art. 16]
506.1.2.
For office, professional or public buildings, one off-street
parking space for each 200 square feet of ground floor area not used
for bulk storage and one parking space for each 400 square feet of
floor area other than ground floor.
506.1.3.
For restaurants, tearooms, lunch counters or other facilities
for eating or drinking, one parking space for every three employees,
plus one additional space for every four seats.
[Amended 4-7-2011 ATM by Art. 19]
506.1.4.
For roadside stands, filling stations, auto sales, automobile
repair shops or other roadside service establishments, one parking
space for every two employees, plus such additional spaces for customer-motorists
as the ZBA shall deem necessary to provide a maximum of safety and
a minimum of congestion on the adjacent roadways.
[Amended 4-7-2011 ATM by Art. 19]
506.1.5.
Religious facilities, theaters, auditoriums or any public assembly
area, one parking space for every three occupants based on the allowed
occupancy.
[Amended 4-7-2011 ATM by Art. 19]
506.1.6.
Educational or training center, one parking space for each employee
plus one parking space for each instructor plus one parking space
for every 1.5 students based on the allowed occupancy.
[Amended 4-7-2011 ATM by Art. 19]
506.1.7.
Elementary or junior/middle schools, one parking space for each
employee, teacher, or staff member; a number of parking spaces equal
to 5% of the allowed occupancy for visitor parking; plus sufficient
off-street space for the safe and convenient loading and unloading
of students.
506.1.8.
High school, one parking space for each employee, teacher, or
staff member; a number of parking spaces equal to 5% of the allowed
occupancy for visitor parking; plus one parking space per four students
of driving age.
506.1.9.
Nursery school or day-care center, one parking space for every
four persons of the facility's licensed capacity plus three parking
spaces designed for the safe and convenient loading and unloading
of persons.
[Amended 4-7-2011 ATM by Art. 19]
506.1.10.
For any and all uses, buildings, or structures not specifically provided for in the foregoing enumeration, such parking spaces as the Site Plan Approval Granting Authority, in accordance with § 198-603, shall determine to be necessary, considering the activities involved, to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
[Amended 4-7-2011 ATM by Art. 19]
506.1.11.
The Site Plan Approval Granting Authority (SPAGA) may, through a site plan review decision under Article 6 of the Zoning Bylaw, permit any or all of the off-street parking spaces required under this Section 506.1 to be: (a) identified on a site plan and reserved to be encumbered permanently from any inconsistent uses but not constructed until the actual need or demand for such spaces is determined by the SPAGA, and/or (b) provided on a different parcel of land than the underlying principal use, provided that the SPAGA finds that the location of the parking spaces is sufficiently proximate to the underlying principal use so as to be safe and convenient to the general public. In making a decision under this Section 506.1.11, the SPAGA shall consider the following factors: the need to minimize congestion on public and private ways, the need to provide sufficient parking to satisfy parking demands, and the interest in minimizing impervious surfaces and providing appropriate natural buffer areas and open space.
[Added 4-2-2018 ATM by
Art. 33]
506.2.
Whenever, there is a change in the lawful use of the premises or in the number of employees or business visitors or any other unit of measurement specified in any of the foregoing paragraphs of this Article, and whenever such change creates a need for an increase of more than 20% of the number of off-street automobile parking spaces, as determined by the requirements of § 198-506, more off-street parking facilities shall be provided on the basis of the adjusted needs, as determined by § 198-506.
[Amended 4-7-2011 ATM by Art. 19]
506.3.
Mixed uses.
[Amended 4-7-2011 ATM by Art. 19]
506.3.1.
In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with § 198-506.1. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated that the need for parking occurs at different times.
506.4.
Special permit. The number of parking spaces may be reduced by the granting of a special permit from the Site Plan Approval Granting Authority, in accordance with § 198-603, if the applicant demonstrates that such parking spaces will not be needed for the proposed use, subject to the condition that the area necessary for those spaces is available on the lot and is designated on the approved plan of record. Additional spaces may be required if, at anytime after the special permit is granted, the Site Plan Approval Granting Authority determines that a need exists or parking is deficient. The special permit requirement shall not apply to uses protected under MGL c. 40A, § 3.
[Amended 4-7-2011 ATM by Art. 19]
506.5.
Location of facilities.
[Amended 4-7-2011 ATM by Art. 19]
506.6.
Parking facilities shall be used for automobile parking only,
with no sales, dead storage, repair work, dismantling or servicing
of any kind. The required parking facilities shall be permanently
available for use by persons using or working at establishments providing
such space.
[Amended 4-7-2011 ATM by Art. 19]
506.7.
The following design standards apply to off-street parking facilities:
506.7.1.
All off-street parking facilities shall be designed with appropriate
means of vehicular access to a street, as well as maneuvering areas.
Access to and from parking facilities shall be through designated
driveways, with openings or curb cuts not in excess of 40 feet in
width at the exterior line of a public or private way.
[Amended 4-7-2011 ATM by Art. 19]
506.7.2.
All off-street parking facilities shall be provided and maintained
with a permanent, dust-free surface, and shall be provided with adequate
drainage, and shall have bumper guards where needed for safety.
[Amended 4-7-2011 ATM by Art. 19]
506.7.3.
If lighting is provided, the source of light shall be so arranged
and shielded as to prevent direct glare from the light source into
any public street or onto adjacent lots.
[Amended 4-7-2011 ATM by Art. 19]
506.7.4.
For off-street parking facilities of 10 or more spaces, bicycle
racks facilitating locking, shall be provided to accommodate one bicycle
per 10 parking spaces.
[Amended 4-7-2011 ATM by Art. 19]
506.7.5.
Standard parking dimensional regulations. Off-street parking
facilities shall be laid out and striped in compliance with the following
minimum provisions:
|
Angle of Parking
(in degrees)
|
Width of Parking Stall
(feet)
|
Parking Stall Length of Line
(feet)
|
Width of Maneuvering Aisle
(feet)
| |
|---|---|---|---|---|
|
90 (two-way)
|
9
|
18.5
|
24
| |
|
60 (one-way)
|
10.4
|
22
|
18
| |
|
45 (one-way)
|
12.7
|
25
|
14
| |
|
Parallel (one-way)
|
8
|
22
|
14
| |
|
Parallel (two-way)
|
8
|
22
|
18
|
506.8.
Landscaping in parking facilities.
[Amended 4-7-2011 ATM by Art. 19]
506.8.1.
Parking facilities immediately adjacent to a residence district
shall be adequately screened year round from view from said residence
district by trees, hedges or a tight fence.
506.8.2.
For all off-street parking facilities that are not enclosed within a building or structure, 10% of the parking facility shall be landscaped. For the purpose of § 198-506, "parking facilities" shall mean the total area of all parking spaces, including handicapped spaces.
[Added 5-5-2004 ATM by Art. 16; amended 5-5-2005 ATM by Art. 28]
507.1.
On the same lot with every building or structure where goods
are received or shipped, newly erected or increased by units or dimensions,
adequate loading areas shall be provided. Off-street loading that
is spaced logically, conveniently located for bulk pickups and deliveries,
scaled to the delivery vehicles expected to be used, and accessible
to such vehicles when required off-street parking spaces are filled,
shall be provided for all commercial and business uses. Required off-street
loading space may not be included as off-street parking space. Loading
areas shall be screened from any view from a street. The Site Plan
Approval Granting Authority may modify this requirement.
[Added 4-9-2012 ATM by Art. 24]
508.1.
Design Review Board establishment and membership. A Design Review
Board is hereby established. Said Design Review Board shall consist
of five (5) members who shall be appointed by the Planning Board based
on the criteria contained herein. Members of the Design Review Board
shall include, where possible and in order of preference, an architect;
a landscape architect; a member of the Planning Board or designee;
a resident who is an owner of a business in Wayland; and a graphic
designer. Members shall serve for three (3) years or until their successors
are appointed.
508.2.
Purpose. The purpose of the Design Review Board is to issue an advisory
opinion to the Building Commissioner, Special Permit Granting Authority,
Board of Appeals and/or the Planning Board based on design guidelines
that enhance, protect and promote development consistent with Wayland's
Master Plan. Decisions of the Design Review Board shall be by a simple
majority, and no final action shall be taken without the concurrence
of at least three (3) members.
508.3.
Organization. The Design Review Board shall elect from among its
members a Chairman, Vice Chairman and a Clerk. Each officer shall
serve for a term of one (1) year. The Design Review Board shall adopt
rules and design guidelines as are necessary for the conduct of its
responsibilities and shall publish and make available to the public
design guidelines, advisory opinions rendered, and records of proceedings
showing the vote on each opinion.
508.4.
Authority and specific powers. All applications for building permits,
site plan approval, special permits or variances for all nonresidential
uses involving new construction and all commercial signs shall be
submitted to the Design Review Board concurrently, or earlier, with
the submission to the decisionmaking authority via the inclusion of
one (1) additional set of all usual submittals required for such proposal.
The Design Review Board review shall preferably be done in consultation
with the applicant and their designer. A written advisory opinion
must be made within 30 days after filing a complete application or
such further time as the applicant may in writing allow to the administering
Board (i.e., Board of Appeals, Planning Board). Lack of a report from
the Design Review Board shall not be a sufficient reason to delay
action on a submitted proposal.
|
All decisions, comments and reports of the Design Review Board
shall be advisory only.
|
