Wakefield City Zoning Code

Purpose and intent. The purpose and intent of this section is to provide adequate lot size, frontage, privacy, daylight, sunlight and air in the Town; to secure safety; to prevent overcrowding of land; to provide at least a minimum of useful outdoor space; and to establish a minimum and a maximum relationship between lot and structure for the purpose of retaining and preserving the amenities of the various areas of the Town of Wakefield.

Table of dimensional regulations. Unless otherwise provided in this chapter, all new construction, reconstruction, and expansion of existing structures shall conform with Table 2, Table of Dimensional Regulations, Appendix B.[1]

Number of one- or two-family residential buildings on a lot. Any one lot shall not contain more than one single-family or two-family dwelling. However, this shall not apply to a PADU.

Minimum open area requirements. See Article XI for the definition of "open area." Requirements are shown in Table 2.

Upland area. All lots in Residential Districts only shall have upland area equal to at least 75% of the required lot area.

Irregular shape - residential lots. No residential lot shall be substantially irregular in shape. For purposes of this provision, "substantially irregular" is defined as having a Coefficient of Regularity lower than 0.65 as determined by the following formula: R = 16 times the Area divided by Perimeter squared.

Upon approval of the Planning Board, the requirements of this section may be waived for any lot that can contain an inscribed shape meeting the requirements of minimum lot area and Coefficient of Regularity and when, in the opinion of the Planning Board, the lot satisfies the purpose of this section.

Frontage requirements for all districts. Upon approval of the Planning Board, the required frontage for lots on curved streets where the radius of the arc at its degree of greatest curve is less than 100 feet and lots on turning circles may be reduced by not more than 50%, provided that the required lot width is attained at the required minimum front setback line.

Yard requirements for all districts. Where a side or rear yard is adjacent to a street, the side or rear yard requirement shall be the same as the distance specified for front yard setback (unless specifically excepted herein).

Storage limitations in residential districts - front yard. No front yard shall be used for the open storage of boats, vehicles, travel trailers or any other equipment. In Residential Districts, parking of vehicles is prohibited in the front yard, except for automobiles parked in the driveway. A driveway in any Residential District shall not serve more than one lot, except as allowed pursuant to § 190-33Q, and except within an open space development as provided at § 190-44 Driveways shall not exceed a width of 20 feet in Residential Districts without a special permit from the Zoning Board of Appeals, and 60% of the front yard shall be maintained as open area, without parking.

Parking limitations in business and industrial districts. In Business and Industrial Districts, parking is permitted in the front yard area, provided that a 15-foot landscaped strip is provided adjacent to the street right of-way line.

Unenclosed porch. An unenclosed first story porch with a roof area not exceeding 50 square feet may extend into a required front yard by not more than eight feet.

Setback modifications. No building need provide a front yard in excess of 20% of the depth of the lot nor more than the average of the building setback on either side (assuming a vacant lot to meet the district requirement).

Displays. Business structures or uses shall not display goods for sale purposes or display coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

Accessory buildings. An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. An unattached accessory building serving a one or two-family dwelling may be located in a rear yard and setback a minimum of 7.5 feet from a side or rear lot line.

Swimming pool. No swimming pool over 24 inches in depth shall be located within 30 feet of any street line or within a required side yard area or within 7.5 feet of a rear lot line.

Commercial agricultural use. No structure intended for commercial agricultural use, such as a greenhouse or a building, structure or pen for poultry or other livestock, shall be less than 100 feet from any lot line. If such structure is for a noncommercial use, then it shall be deemed an accessory building and subject to the yard requirements applicable thereto. No commercial farming establishment shall be allowed in an area not zoned for agriculture unless the parcel is of five acres or more, or unless the parcel is of two acres or more and the sale of products produced by that farming establishment on the said parcel annually generates at least $1,000 per acre based on gross sales dollars.

Existing dwellings in Single Residence District. Any residential dwelling in the Single Residence Zoning District which was in existence prior to the adoption of the current 15-foot side yard setback requirement and is situated so that it is in violation of said setback may make alterations, repairs, additions or the like which encroach into the 15-foot side yard setback, provided that such alterations, repairs, additions or the like do not encroach any closer to the side lot line than that of the existing dwelling.

Setback from open stream. In no case shall any building or structure be permitted within 50 feet of the embankment of any open stream, as defined by the Conservation Commission using the applicable Massachusetts Department of Environmental Protection standards.

Traffic visibility at driveways and corners. A fence, hedge, wall, sign or other structure or vegetation may be maintained on any lot, provided that in the front yard area no such structure or vegetation shall be over 2 1/2 feet in height above the adjacent ground within five feet of the front lot line unless it can be shown that such vegetation or structure will not restrict visibility in such a way as to hinder the safe entry or exit of a vehicle from any driveway to the street or restrict visibility at a corner of two streets.

Dimensional variations by special permit. The Zoning Board of Appeals may allow reductions or increases to the floor area ratio (FAR), maximum building coverage, minimum open area and front yard setback requirements of the Table of Dimensional Regulations, for banks by special permit in the Business Districts. Any such reductions or increases shall be supported by evidence of lack of suitable land or design considerations or other similar factors. The Zoning Board of Appeals must also find that the granting of said special permit will not adversely affect the health, safety, convenience, character or welfare of the neighborhood or the Town.

Adjacent lots. As set forth in MGL c. 40A, § 6, adjacent lots under common ownership shall not be treated as a single lot for local zoning purposes if, at the time of recording or endorsement, the lots: i) conformed to then existing requirements of area, frontage, width, yard or depth, where each such lot has not less than 10,000 square feet of area and 75 feet of frontage; and ii) are located in a zoning district that allows for single-family residential use. Any single-family residential structure constructed on said lot shall not exceed 1,850 square feet of heated living area, shall contain not less than three bedrooms and shall not be used as a seasonal home or short-term rental.

Applicability. The following requirements for screening and buffer strips shall apply in any Industrial or Business District.

Width. Screening and buffer strips containing no buildings, parking areas or accessory uses shall be required in any Industrial or Business District which abuts a Residential District. The minimum width of this strip shall be 15 feet, of which 10 feet shall not be paved.

Plantings. The strip shall contain a screen of plantings of vertical habit not less than three feet in width and four feet in height at the time of occupancy of such lot and shall grow to a minimum of four feet in width and five feet in height at maturity. Individual shrubs or trees shall be planted not more than 10 feet on center and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year round. At least 50% of the plantings shall consist of evergreens. A solid wall or fence, five feet in height, complemented by suitable plantings, may be substituted for such landscaped screen planting. No screen shall be closer than five feet to a public or private street right-of-way line.