Dedham City Zoning Code
ARTICLE III
Use Regulations
§ 280-3.1 Principal uses.
A.
General. No new building or structure shall be constructed or used, in whole or in part and no building or structure, or part thereof, shall be altered, enlarged, reconstructed or used, and no land shall be used for any purpose or in any manner other than for one or more of the uses specifically permitted herein.
B.
Exempt agricultural uses; State Building Code. Nothing in these use regulations shall be construed to prohibit agricultural, horticultural, and floricultural uses or the expansion or reconstruction of existing structures on parcels which are more than five acres in area and further provided that no section of this Bylaw shall be construed to restrict or regulate the use of materials or methods of construction specifically regulated by the State Building Code.
C.
Use Regulation Table. See Table 1.[1] In the Use Regulation Table, the headings on each page shall denote the various zoning districts, and the symbols employed opposite each use listed shall have the following meanings:
YES | Use permitted as of right |
NO | Use prohibited |
SP | Use permitted only upon issuance of a Special Permit by the Board of Appeals |
PB | Use permitted only upon issuance of a Special Permit by the Planning Board |
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
D.
Classification. Where any activity or use may be classified under more than one use designation in the Use Regulation Table, the more specific designation shall determine permissibility, if equally specific, the more restrictive shall govern. Additional restrictions on use may apply if located in a Flood Plain Overlay District or an Aquifer Protection Overlay District and a use shown as permitted in the Use Regulation Table is not exempt thereby from compliance with all other applicable provisions of the Zoning Bylaw and with other laws, Bylaws, regulations, and permitting or licensing requirements.
E.
Major nonresidential project. Where the Use Regulation Table indicates that a Major Nonresidential Project (MNP) may be authorized by the issuance of a Special Permit, the Planning Board shall be the special permit granting authority. Where a use is not otherwise allowed as of right or by Special Permit in the district, such use shall not be allowed as a MNP in the district.
§ 280-3.2 Special accessory uses in all districts.
A.
Trailers. The Board of Appeals may, upon application and after a duly authorized hearing under the General Laws, grant permits for trailers, whether on wheels or not hereafter place[1] on any land within the Town which shall be used or occupied as a dwelling or residence, or for business, or office purposes, or storage of material relating to the business, for a period not exceeding 30 days in the aggregate, for any one year. The Board of Appeals may also grant permits for longer period of time by special exception to the terms of this section in harmony with the zoning regulations and statutes, or to do or act anything else in relation thereto. Except in accordance with a permit granted under this paragraph, no use of a trailer on the premises shall be regarded as an accessory use to any business for more than 24 of any 48 consecutive hours; provided, however, that trailers may be placed on a construction site with a building project for the duration of said project with a building permit issued by the Building Commissioner. The location of construction trailers on a lot shall conform to the setback requirements of the district unless authorized by the Board of Appeals.
[1]
Editor's Note: So in original; should be "placed."
B.
Scientific accessory uses. Uses whether or not on the same parcel as activities permitted as a matter of right, which are accessory to activities permitted as a matter of right and which are necessary in connection with scientific research or scientific development or related production may be permitted upon the issuance of a special permit provided the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
C.
Jersey barriers.
(1)
The Board of Appeals may, upon application, and after a duly authorized hearing under the General Laws, grant permits for jersey barriers hereafter place[2] on any land within the town which shall be used for a period of six months in the aggregate, for any one year. The Board of Appeals may also grant permits for a longer period of time by special exception to the terms of this section in harmony with the zoning regulations and statues[3], or to do or act on anything else in relation thereto.
(2)
Jersey barriers may be placed along a public road construction site for the duration of said project with a Street Opening Permit issued by the Director of Public Works and without the review and/or approval of the Board of Appeals. All State Agencies placing jersey barriers on State Roads are exempt. The location of such jersey barriers shall conform to the requirements set forth by the Director of Public Works and be consistent with the Manual on Uniform Traffic Control Devices (MUTCD).
(3)
Jersey barriers may be placed along a private road construction site or on a private property construction site with a building project for the duration of said project, not to exceed six months, with a building permit issued by the Building Commissioner and without the review and/or approval of the Board of Appeals. The location of the jersey barriers on a lot shall conform to the setback requirement of the district unless authorized by the Board of Appeals.
§ 280-3.3 Nonconforming uses and structures.
[Amended 5-19-2025 ATM by Art. 15]
A.
Applicability. This zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
(1)
Construction or operations under a building or Special Permit shall conform to any subsequent amendment of this Bylaw unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
B.
Nonconforming uses. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:
C.
Nonconforming structures. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals:
D.
Variance required. Except as provided in Subsection E, below, the reconstruction, extension, or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals.
E.
Nonconforming single and two family residential structures. Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure.
(1)
The following circumstances shall not be deemed to increase the nonconforming nature of said structure:
(a)
Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements.
(b)
Alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements.
(c)
Alteration to a structure which encroaches upon one or more required yard setback areas, where the alteration will comply with all current setback, yard, building coverage, and building height requirements.
(d)
Addition of an ADU on a lot with insufficient area or frontage improved by a principal residence, or that is accessory to a principal residence encroaching upon one or more required yard setback areas, that complies with all current setback, yard, floor to area ratio, building coverage, and building height requirements for a principal residence.
(2)
In the event that the Building Inspector determines the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Board of Appeals may, by Special Permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
F.
Abandonment or non-use. A nonconforming use or structure which has been abandoned or not used for a period of two years shall lose its protected status and be subject to all of the provisions in this Zoning Bylaw.
G.
Reconstruction after catastrophe or voluntary demolition. A nonconforming structure may be reconstructed after a catastrophe or after voluntary demolition in accordance with the following provisions:
(1)
Reconstruction of said structure shall commence within two years after such catastrophe or demolition.
(2)
Building(s) or structure(s) as reconstructed shall be located on the same footprint as the original nonconforming structure, and shall be only as great in volume or area as the original nonconforming structure.
(3)
In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition.
H.
Reversion to nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.