As used in this Zoning Bylaw, the following terms shall have the meanings indicated:
[Amended 5-2-1996 STM by Art. 3; 5-7-1997 ATM by Art. 38]
ACCESSORY DWELLING UNITA dwelling unit located in a single-family dwelling, or a building accessory thereto, and occupying no more than 35% of the combined gross floor area of the accessory dwelling unit and the principal single-family dwelling.
[Amended 4-7-2011 ATM by Art. 19]
ACCESSORY STRUCTUREA building or structure, the use of which is customarily incidental to, and located on the same lot with, the building or structure to which it is accessory.
[Amended 4-7-2011 ATM by Art. 19]
ACCESSORY USEA use of land, building(s), or structure(s) customary with, and incidental to, any permitted use and located on the same lot with, the use to which it is accessory, or on an adjacent lot under the same ownership, including a garage for three cars or fewer, carport, noncommercial greenhouse, toolshed, barn, swimming pool, and tennis court.
[Amended 4-7-2011 ATM by Art. 19]
AFFORDABLE DWELLING UNIT (ADU)A residential unit that is restricted in its sale, lease or rental to a qualified income-eligible household at specific price limits that qualify such residential unit for inclusion in the Chapter 40B Inventory of Subsidized Housing maintained by the Commonwealth of Massachusetts Department of Community Affairs, Department of Housing and Community Development.
[Added 5-4-2005 STM by Art. 1]
AGRICULTUREFarming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.
[Added 4-7-2011 ATM by Art. 19]
AUTOMOBILE SALESThe use of any building, structure, or lot for the display and sale of new or used automobiles, including light trucks, vans, trailers or recreational vehicles, and any accessory vehicle preparation and repair work associated with such sale.
[Added 4-7-2011 ATM by Art. 19]
AUTOMOBILE SERVICE GARAGEThe use of any building, structure or lot for the repair of automobiles, including light trucks, vans, trailers or recreational vehicles.
[Added 4-7-2011 ATM by Art. 19]
AUTOMOBILE SERVICE STATIONThe use of any building, structure, or lot for the sale of vehicular fuels, service and repair of automobiles, including light trucks, vans, trailers or recreational vehicles, and any accessory use and sale of products related to such sales and service.
[Added 4-7-2011 ATM by Art. 19]
BATHROOMA room equipped for taking a bath or shower.
[Added 4-7-2011 ATM by Art. 19]
BOARDINGHOUSEAn establishment in which permanent lodging is provided for consideration to more than three persons unrelated to the owner or proprietor. Boardinghouse includes dormitories.
[Added 4-7-2011 ATM by Art. 19]
BOAT OR CANOE RENTALThe rental, storage, maintenance and repair of small boats and canoes, non-motorized or no more than 10 horsepower, and equipment and accessories customarily incidental to their normal operation, including outboard motors and boat trailers; seasonal sale of boats and occasional sale of accessory items.
[Added 4-7-2011 ATM by Art. 19]
BUILDINGA structure with a roof supported by columns or walls and intended to shelter people, animals or goods.
[Added 4-7-2011 ATM by Art. 19]
BUILDING HEIGHTThe distance, measured vertically from the average grade to the highest roof element.
[Amended 4-7-2011 ATM by Art. 19]
CONSERVATION LANDLand that is left in its natural state or which is improved with trails and resource management programs that do not significantly alter the land's natural state.
[Added 4-7-2011 ATM by Art. 19]
CONSTRUCTION YARDAn establishment for storage of lumber and other construction supplies, materials, and equipment.
[Added 4-7-2011 ATM by Art. 19]
DEPMassachusetts Department of Environmental Protection, or any successor agency.
DHCDMassachusetts Department of Housing and Community Development, or any successor agency.
DRIVE-THROUGH RESTAURANTAn establishment, the principal business of which is: 1) the sale of food or beverages in a ready-to-consume state and for which the method of operation includes the immediate or rapid sale of food or beverages in paper, plastic, or other disposable container; or 2) the ordering, sale and service of food or beverages directly by and to a consumer in a vehicle. Bakeries, delicatessens, coffee shops, confectioneries, and other similar retail establishments, which incidentally sell retail food and beverages in disposable containers for off-site consumption, are not drive-through restaurants.
[Added 4-7-2011 ATM by Art. 19; amended 4-7-2025 ATM by Art. 20]
DRIVE-IN, DRIVE-THROUGH OR DRIVE-UP USESA retail or consumer service use of a building, structure or lot, other than a restaurant, in which the business transacted is conducted by a customer or client from within a vehicle.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
DWELLING, ATTACHED (ATTACHED DWELLING)A building designed or occupied as a residence and separated from another attached dwelling on one or both sides, either by a vertical party wall or walls or by a contiguous wall or walls, without side yards.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
DWELLING, DETACHED (DETACHED DWELLING)A building that is designed or occupied as a residence and that is separated by side yards from any other building or structure or structures except accessory buildings or structures.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
DWELLING UNIT (DWELLING)A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation; but no trailer, trailer coach or mobile home, whether or not self-propelled, and whether or not the wheels thereof may have been removed, shall be construed to be a dwelling.
[Amended 5-5-1999 STM by Art. 11; 4-7-2011 ATM by Art. 19]
EARTHIncludes soil, loam, sand, gravel, clay, rock or other natural minerals and peat, and any combination of such materials.
[Added 5-6-2004 ATM by Art. 23; amended 4-7-2011 ATM by Art. 19]
EDUCATIONALEducational uses exempt from regulation by the Zoning Act (MGL c. 40A, § 3).
[Added 4-7-2011 ATM by Art. 19]
FLOOR AREA, GROSS (GROSS FLOOR AREA)The sum of all floor areas within the perimeter of the outside walls of the building under consideration, without deduction for bathrooms, toilet compartments, lavatories, hallways, stairs, closets, thickness of walls, columns or other features; but excluding unfinished basements, cellars and attics, space used for mechanical systems, garages, and areas open to below such as foyer spaces, balconies, and two-story atriums.
[Amended 5-5-1999 STM by Art. 11; 4-7-2011 ATM by Art. 19]
FLOOR AREA RATIOThe gross floor area of all buildings and structures on a lot divided by the total lot area.
FRONTAGEThe linear extent of the front of a lot measured along the street lot line of the right-of-way from the intersection of one side lot line to the intersection of the other lot line of the same lot along the same right-of-way. Noncontiguous frontage shall not be considered with regard to meeting frontage requirements. A building lot that is located on more than one street may not combine frontage on the streets and shall have the minimum frontage requirement on one such street.
[Added 5-5-1999 STM by Art. 11; amended 5-3-2000 ATM by Art. 32; 4-7-2011 ATM by Art. 19]
GRADEA reference plane representing the average of finished ground adjoining the building at all exterior walls, established by the lowest points within the area between the building and a point six feet from the building.
HEAVY VEHICLE REPAIR GARAGEEstablishment for the repair of trucks, construction equipment or other similar heavy motor vehicles and equipment, and vehicle body work shop, provided that the making of all but minor repairs must be conducted wholly within a building sufficiently sound insulated to confine noise to the lot.
[Added 4-7-2011 ATM by Art. 19]
HOME OCCUPATION, CUSTOMARY (CUSTOMARY HOME OCCUPATION)Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit or an accessory structure. Said occupation to include but are not necessarily limited to the following: sale of antiques; dressmaking, sewing and tailoring; letting of rooms; telephone solicitation work; tutoring; home crafts; studio for artist or craftsman; office for doctor, dentist, attorney, real estate agent, insurance agent, accountant, stock broker, engineer, architect, landscape architect, musician, writer, data programming, sales representative; and tradesperson, such as electrician, plumber, and carpenter. Where customary home occupations are permitted by the Table of Accessory Uses §
198-804, no dwelling or accessory structure so used shall be reconstructed or enlarged for such purposes unless specifically permitted under the provisions of §
198-203.
[Added 4-30-2001 ATM by Art. 25; amended 4-7-2011 ATM by Art. 19]
HOSPITALA licensed sanitarium or hospital.
[Added 4-7-2011 ATM by Art. 19]
HOUSEKEEPING UNITOne or more persons living together and sharing the same kitchen facilities, water services and energy services.
JUNKYARDA commercial salvage yard, commercial junkyard, or all open-air storage of junk, waste products, and salvage materials, including non-operative motor vehicles.
[Added 4-7-2011 ATM by Art. 19]
KENNELThe maintenance of dogs and suitable shelters therefor.
[Added 4-7-2011 ATM by Art. 19]
LAVATORYA room fitted for plumbing fixtures for washing the hands and face and water closets.
[Added 4-7-2011 ATM by Art. 19]
LIGHT MANUFACTURINGManufacturing that employs electricity, and/or other quiet motive power, utilizes hand labor, and/or quiet machinery, and/or processes and that is free from neighborhood-disturbing odors or other neighborhood-disturbing characteristics such as noise or dust.
[Added 4-7-2011 ATM by Art. 19]
LOTAn area of land in one ownership with definite external boundaries and without any other legal boundaries or lines that are internal to said external boundaries, excepting easements.
[Amended 4-7-2011 ATM by Art. 19]
MARJIUANA ESTABLISHMENTAs defined in Section 1 of Chapter 94G of the General Laws, meaning a "marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business."
[Amended 11-14-2017 STM by Art. 12]
MASSDOTMassachusetts Department of Transportation, formerly MassHighway Department, or any successor agency.
[Added 4-7-2011 ATM by Art. 19]
MEDICAL/DENTAL CARE CENTERA center for medical, dental, clinical and public health service and supporting services for the foregoing, such as offices and laboratories.
[Added 4-7-2011 ATM by Art. 19]
MEMBERSHIP CLUB, FOR PROFITMembership clubs and nongovernmental recreational facilities devoted to outdoor sports, recreational or social activities, including buildings and lots, when the chief activity is customarily carried out as a gainful business.
[Added 4-7-2011 ATM by Art. 19]
MEMBERSHIP CLUB, NONPROFITMembership clubs and nongovernmental recreational facilities devoted to outdoor sports, recreational or social activities, including buildings and lots, except when the chief activity is customarily carried out as a gainful business.
[Added 4-7-2011 ATM by Art. 19]
MOVE or MOVEMENTTo dig, excavate, remove, deposit, fill, grade, replace, level, or otherwise alter or change the location or contour of land.
[Added 5-6-2004 ATM by Art. 23]
MUSEUM or LIBRARYA museum or library open to the public or connected with a permitted educational use and not conducted as a for-profit business.
[Added 4-7-2011 ATM by Art. 19]
NURSERY SCHOOL or DAY-CARENursery school and day-care centers and other facilities that receive children of school or preschool age for temporary custody, with or without stated educational purposes, during all or part of the day.
[Added 4-7-2011 ATM by Art. 19]
NURSING HOMEA licensed nursing, rest or convalescent home for the care of the sick or aged. No nursing home may be located within 30 feet of any lot line.
[Added 4-7-2011 ATM by Art. 19]
OFFICEA business, government or professional office; a medical office, including laboratories incidental thereto.
[Added 4-7-2011 ATM by Art. 19]
PARKING FACILITYA commercial parking lot or garage for four or more vehicles.
[Added 4-7-2011 ATM by Art. 19]
PERSONAL AND OTHER SERVICE ESTABLISHMENTSAny establishment providing services involving the care of a person or his or her apparel or establishments providing services to the general public or to other business establishments, including a repair shop for household or office items.
[Added 4-7-2011 ATM by Art. 19]
PUBLIC OR CHARITABLE INSTITUTIONA public or charitable institution not of a correctional nature, provided that no building shall be within 30 feet of any lot line.
[Added 4-7-2011 ATM by Art. 19]
RAILROAD STATION/RAILROAD RIGHT-OF-WAYRailroad passenger stations or rights-of-way, including customary services therein, but not including switching, storage or freight yards or sidings.
[Added 4-7-2011 ATM by Art. 19]
RECREATION/PARKParks; water supply reservations; public military and veterans memorials and monuments; and recreational facilities owned or operated by the Town.
[Added 4-7-2011 ATM by Art. 19]
RELIGIOUSPlaces of worship and other religious uses exempted from regulation by the Zoning Act (MGL c. 40A, § 3).
[Added 4-7-2011 ATM by Art. 19]
RESTAURANTAn establishment for the serving and consumption of food and beverages inside a building at tables or counters.
[Added 4-7-2011 ATM by Art. 19]
RESTAURANT PRE-ORDER PICK-UP WINDOWA window used to pick up pre-ordered restaurant food and beverages by a customer in a vehicle. Orders are placed ahead of time online, by phone, or other remote method and customers are notified when the order is ready for pick-up. The window and window drive aisle are for pick-up only, and are not to be used for placing orders, paying for orders, or waiting for orders.
[Added 4-7-2025 ATM by Art. 20]
RETAIL STOREA store, showroom or salesroom for the sale, preparation and display of merchandise within a building. Garden centers, florists or commercial greenhouses may have open-air displays of horticultural products. Retail stores may have seasonal open-air displays of merchandise.
[Added 4-7-2011 ATM by Art. 19]
RIGHT-OF-WAYThe full strip of land, whether public or private, designated for vehicular and sometimes pedestrian traffic, consisting of the pavement or traveled way and any planting strips and sidewalks. A right-of-way so designated shall be available only for such uses as are customary for rights-of-way in the Town of Wayland and shall not be available for any private construction, such as buildings, fuel tanks, septic systems, fences, walls or paved parking areas.
ROADSIDE STANDA farm stand for the sale of produce.
[Added 4-7-2011 ATM by Art. 19]
ROADSIDE STAND (ACCESSORY)For yearly terms only, a roadside stand for the sale of produce of the land of the owner and of other land within the Town, provided that the front yard regulations are complied with.
[Added 4-7-2011 ATM by Art. 19]
SETBACKThe shortest distance from the lot line or right-of-way to the wall of a building or structure facing thereon.
[Added 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
SPGASpecial permit granting authority.
STOR(E)YThat portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.
STREETAny public way used for vehicular traffic, or any private way used as a public way for such traffic.
[Amended 5-5-1999 STM by Art. 11]
STRUCTUREA combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word "structure" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."
STUDIOA place for art, music, dance and similar activities or classes.
[Added 4-7-2011 ATM by Art. 19]
TOWNThe Town of Wayland (unless used generically with no capitalization).
TRADE SHOPA shop used by practitioners of the building trades, provided that all work and storage shall be conducted within a building.
[Added 4-7-2011 ATM by Art. 19]
UTILITY FACILITYA building housing facilities for communications or other utility uses.
[Added 4-7-2011 ATM by Art. 19]
WAREHOUSE/DISTRIBUTIONA building for the enclosed storage of goods and materials where the wholesale sale of goods or materials is permitted, provided that such sale is incidental to the warehouse use.
[Added 4-7-2011 ATM by Art. 19]
WIRELESS COMMUNICATIONS FACILITYA structure which may include a tower, one or more antennas and one or more accessory structures designed to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.
[Amended 5-7-1997 ATM by Art. 32]
YARD, FRONTThe space extending across the full width of the lot and lying between the front lot line or lines and the nearest point of the building or structure.
[Amended 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
YARD, REARThe space extending across the full width of a lot and lying between the nearest point of the building or structure and the rear lot line, or the corner of a triangular lot farthest from the front lot line in the case of a triangular lot with only one lot line along a right-of-way.
[Amended 5-5-1999 STM by Art. 11; 4-7-2011 ATM by Art. 19]
YARD, SIDEThe space between a side lot line of a lot and the nearest point of the building or structure, and extending from the front yard to the rear yard.
[Amended 5-5-1999 STM by Art. 11; amended 4-7-2011 ATM by Art. 19]
ZBAThe Wayland Zoning Board of Appeals.