Medfield City Zoning Code
ARTICLE 5
Use Regulations
§ 300-5.1 Applicability of use regulations.
No building, structure, or land shall be used or occupied except for the purposes permitted in its district.
§ 300-5.2 Permitted uses.
The permitted uses of buildings, structures or land are set forth in the Table of Use Regulations included as an attachment to this Bylaw.
§ 300-5.3 Uses subject to other regulations.
A.
Uses permitted by right or by special permit shall be subject to all provisions of this Bylaw.
B.
There shall be no use of a building, structure, or land in any district for a purpose that is injurious, dangerous, noxious, or offensive to the community by reason of the emission of odor, fumes, dust, smoke, vibration, noise or other cause. [See § 300-14.10H(2)(e).]
C.
No parking for an Industrial-Extensive (IE), Business-Industrial (BI), or Business (B) District and no vehicular access to an Industrial-Extensive, Business-Industrial or Business District shall be on land that is zoned Residential. Vehicular access to an Industrial-Extensive, Business-Industrial or Business District shall be over a public way.
F.
For multifamily dwellings, all wastewater shall be disposed of by means of adequate connection to the sewage system of the Town of Medfield. The connecting system shall be installed in accordance with the definitive plan and shall conform with the rules of the Water and Sewerage Board and shall be installed under their direction.
G.
Whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities 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 granting authority finds that the proposed accessory use does not substantially derogate from the public good.
H.
To erect or externally enlarge any multifamily, business or industrial building not requiring a special permit from the Board of Appeals, site plan approval from the Planning Board is required if the ground floor area of the construction exceeds 500 square feet.
I.
Day-care facilities for the day care of more than six children in Residential Districts shall conform with the following standards:
(1)
That the minimum lot area be 40,000 square feet or such greater area as is required by the Table of Area Regulations;[3]
[3]
Editor's Note: The Table of Area Regulations is included as an attachment to this chapter.
(2)
That the minimum yards be as follows: front yard: 30 feet; side yard: 20 feet; rear yard: 50 feet or such greater yards as are required by the Table of Area Regulations;
(3)
That buffers meeting the specifications set out in § 300-6.2J be provided along side and rear lot lines;
(4)
That there be an on-site drop-off area capable of accommodating at least a number of vehicles equal to one-fourth the licensed capacity of the facility;
(5)
That there be a separate entrance and exit for vehicles.
(6)
A day-care facility shall not be considered a "community facility" for the purpose of § 300-6.3A(1) and shall be subject to the height and bulk regulation of the Table of Height and Bulk Regulations.[4]
[4]
Editor's Note: The Table of Height and Bulk Regulations is included as an attachment to this chapter.
J.
For use of a construction trailer during the course of a building construction program, a permit may be issued for one year by the Building Inspector. No wheels, tires, or other means of keeping the construction trailer mobile shall be removed; any construction trailer shall have no skirts, porches, fences, or similar materials or equipment added which would detract from its mobility. Each construction trailer and its lot shall be subject to the requirements of the district.
K.
For use of temporary storage containers, such as PODS®, a permit may be issued for up to six months by the Building Inspector.
§ 300-5.4 Table of Use Regulations.
The Table of Use Regulations is included as an attachment to this Bylaw.
§ 300-5.5 Agricultural District.
Agricultural land is an important resource to the Town of Medfield, serving the public interest through its visual, economic, traditional, ecological and food-producing benefits.
A.
Purpose. The purpose of the Agricultural District is to preserve land well suited to agriculture and to encourage commitment of such land to agricultural use.
B.
Definition.
(1)
The Agricultural District is shown on the Zoning Map.
(2)
Agricultural use. For the purposes of § 300-5.5, land shall be deemed to be in agricultural use:
(a)
When primarily used in raising beef cattle, dairy cattle, poultry, swine, sheep, horses, ponies, goats or bees, for the purpose of selling such animals or a product derived from them in the regular course of business, or when incidentally used in a related manner which represents a customary or necessary use in raising such animals and preparing them or the products derived therefrom for market; and/or
(b)
When primarily used in raising fruits, vegetables, grains, berries, nuts and other foods for human consumption, feed for animals, flowers, trees, forest products, and nursery or greenhouse products for the purpose of selling such products, in the regular course of business, or when used incidentally in a related manner which represents a customary and necessary use in raising such products and preparing them for market.
C.
Use.
(1)
The primary use of land in the Agricultural District shall be agricultural.
(2)
The construction or placement of buildings or structures, except as provided in this § 300-5.5C(3); and the removal, excavation or dredging of loam, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land's overall future agricultural potential; and other acts or uses detrimental to such retention of the land for agricultural use shall be prohibited.
(3)
Construction of a single-family or two-family dwelling for the farmer, his or her family and his or her employees shall be allowed on a lot exceeding 10 acres in area in the Agricultural District, and shall not derogate from the purpose of the district. Such dwellings shall comply with the dimensional regulations of the RS District. The maximum area devoted to residential use on any lot shall be 30,000 square feet.
[Amended 4-28-2014 ATM by Art. 33]
(4)
Construction of buildings for year-round retail sales of farm products raised primarily on the premises shall be allowed in the Agricultural District. Site plan approval by the Planning Board shall be required for all such construction exceeding 500 square feet in area. The area devoted to retail sales and parking on any lot shall be a maximum of 20,000 square feet, shall meet the yard and height requirements of the RS District, and shall meet the parking requirements of Article 8 of this Zoning Bylaw. Signs shall meet Business District requirements.
(5)
Construction or placement of temporary (not exceeding a period of three consecutive months) structures for the retail sale of products raised primarily on the premises and for housing seasonal agricultural employees shall be permitted in the Agricultural District, and shall meet the yard and height requirements of the RS District. Signs shall meet Business District requirements.
(6)
Placement of all other agricultural structures except fences shall be a minimum of 50 feet from any adjacent zoning district, and shall meet the front yard requirement of the nearest adjacent district.
§ 300-5.6 Historic properties.
Properties containing historic structures are an important resource to the Town of Medfield, providing a direct connection with the Town's past and contributing to the Town's character.
A.
Purpose. The purpose of this Historic Properties Section is to preserve historic structures as defined herein by providing a regulatory process to enable a property owner to increase the productive use of the property.
B. HISTORIC PROPERTY PRINCIPAL STRUCTURE SIGNIFICANT STRUCTURE
Definitions.
Any property which contains a still-existing principal or significant structure (constructed or erected upon it prior to 1900).
The main or primary structure, in terms of the present purpose or use of the property.
A structure the use or purpose of which is substantial, in terms of the present purpose or use of the property, such as a carriage house, caretaker's house, barn, or similar building.
C.
Specially permitted use or uses. The Board of Appeals, upon application, may issue a special permit to the owner of an historic property for any use or combination of uses listed in the Table of Use Regulations;[1] the decision whether or not to grant a special permit under this Section is entirely within the Board's discretion; the Board shall not be required to issue a special permit, even if it is able to make the required findings to support granting a permit.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
D.
Procedure.
(1)
Generally, the requirements set out in § 300-14.10 for special permits by the Board of Appeals shall apply to this Section.
(2)
In addition to the application requirements contained in § 300-14.10A, applicant shall submit the following:
(a)
Historic documentation, including an historic survey prepared by a qualified professional.
(3)
In addition to the notice requirements contained in § 300-14.10C, the Board of Appeals shall forthwith transmit copies of the application and supporting documents to the Medfield Historical Commission for their review and comment.
(4)
In addition to the required findings contained in § 300-14.10E, the Board of Appeals shall make the following specific findings of fact:
(5)
In addition to the authorized conditions contained in § 300-14.10H, the Board of Appeals, if it decides to grant a special permit under this Section, shall impose such conditions, limitations, and safeguards as it deems necessary to preserve the historic nature and character of the property and the historic structures thereon, including a requirement that the property serve as the applicant's primary residence, and/or a requirement that applicant place a permanent historic preservation restriction, as defined in MGL c. 184, § 31, upon the property.