Wakefield City Zoning Code

Purpose and intent. It is the purpose and intent of this section to list those uses which are specifically allowed or specifically prohibited in the various zoning districts listed in Article II of this chapter. Any use not listed herein is prohibited. See § 190-15, Table of Use Regulations, Table 1.

Table of use regulations. Except as otherwise provided in this chapter, no building, structure or land shall be used except as permitted in the Table of Use Regulations, Table 1, whether by right or by special permit.

Uses subject to other regulations. Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other provisions of this chapter.

Applicability. Except as otherwise provided, the provisions of this section shall apply to the erection, construction, reconstruction, alteration or use of buildings or structures or use of land. Except as otherwise provided, any existing nonconforming use, structure or lot shall not become further nonconforming.

Existing buildings and land. This section shall not apply to an existing building or structure, nor to the existing use of any building, structure or land, to the extent to which it is legally used at the time of adoption of this chapter, but it shall apply to any change of use thereof and to:

Mixed uses. In cases of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used. Combinations of permitted uses within a single building are permitted, provided that health and safety regulations are followed. Proposed new buildings that mix residential and nonresidential uses are allowed by right within a Creative Development Overlay District under the provisions of § 190-52, Creative Development, require a special permit from the Planning Board under § 190-60 if within a Mixed Use Overlay District; and in all other cases require a special permit from the Board of Appeals.

Key. In the Table of Use Regulations, Table 1, the following abbreviations shall apply:

Table 1, Table of use Regulations. See Appendix A.[1]

General. Accessory uses are allowed as set forth in the Table of Use Regulations, Table 1, Appendix A.[1] In addition, other accessory uses are allowed in all districts provided they meet the definition of "accessory use," which is "a use incidental and subordinate to the principal use, and located on the same lot."

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

Multifamily accessory uses. 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 or social gathering facilities.

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.

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 Zoning 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 use or industrial use 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 or industrial use is permitted in Industrial and Business Districts, subject to the requirements of § 190-33, Parking and Loading Requirements.

Accessory industrial retail. The finished products of an industrial establishment may be sold in the enclosed premises at retail, provided that:

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.

By right. A home occupation is an accessory use which is incidental and subordinate to a single-family-dwelling use. Home occupations allowed by right include dressmaking, teaching of not more than two students simultaneously and offices of medical doctors, dentists, attorneys, architects or certified public accountants.

By special permit. Other home occupations that are quiet and noncommercial in nature may be allowed by special permit from the Board of Appeals.

Conditions. All home occupations shall comply with the following conditions:

Parking in residence districts.

Parking of commercial vehicles in residence districts. The overnight parking of commercial vehicles in a Residential District is subject to the following regulations: