Wayland City Zoning Code

Only those signs and exterior lighting as pertain to buildings, structures, or uses permitted in this Zoning Bylaw and on the same lot are permitted. Yard requirements as otherwise specified in this Zoning Bylaw shall apply to signs and exterior lighting fixtures and structures, except freestanding lampposts at a residence in a residential district, which lampposts shall have a minimum front yard setback requirement of 15 feet, to be measured from the front property line. Signage in residential districts shall be limited to that which is permitted by other sections of this Bylaw. Signage in districts other than residential districts may not exceed 40 square feet of area and 15 feet in height, including supporting structures and light sources. Signs attached to buildings may not rise above the front roofline of the building to which it is attached. Signs must be fixed in position so as not to rotate or oscillate. Signage in excess of that which is permitted may be allowed with a special permit issued by the special permit granting authority with appropriate jurisdictional responsibility for site plan approval, as provided for in § 198-603; provided, however, that signs with moving parts and internally illuminated signs are prohibited. The sign dimensions set forth in this Zoning Bylaw apply in the aggregate to all signs on the lot.

Exterior lighting and lighting of signs shall be continuous illumination, not flashing, blinking or varying in color. Exterior lighting fixtures shall be designed and placed so that the light source shall be completely shielded or diffused so as not to produce glare at any point along the exterior lines of ways adjacent to the lot where the sign is located or at another lot in a residential district. Illumination of athletic fields, golf courses and tennis courts is permitted when a special permit is issued by the Zoning Board of Appeals under the provisions of § 198-203. The provisions of this article do not apply to the seasonal display of lights for the purpose of the celebration of holidays nor to signs and advertising devices that have been installed or erected pursuant to a special permit, which permit shall expire in seven days after issuance by the Select Board to a person or persons for any of the purposes set forth in MGL c. 180, §§ 2 and 4.

Real estate signs are permitted in all districts as of right, but shall refer only to the building, structure, or lot on which they are located and have an area not exceeding six square feet.

One contractors sign, not exceeding nine square feet in area, maintained on the lot while a building is actually under construction or being renovated is permitted. No more than one contractors sign may be on the lot at any one time.

Nonresidential site development and subdivision signs are allowed in the form of one wall-mounted or freestanding sign, erected at the development/subdivision entrance from a street. The sign shall not exceed 15 square feet, and may bear decorative or logo devices, but no commercial advertisement. For nonresidential site development, the sign shall not be erected prior to the issuance of a building permit and shall be removed upon completion of construction or the issuance of a certificate of occupancy, whichever comes first. For subdivisions, the sign shall not be erected prior to the commencement of construction activities and shall be removed upon the issuance of the first certificate of occupancy or the issuance of certificates of occupancy for 25% of the development, whichever comes later. Signs shall be removed if construction activities have halted for a period of 6 months and may be reinstalled with approval of the Building Commissioner or designee. Signs required from federal, state, and/or local permitting authorities are excluded from the provisions of this section.

Unless authorized by a special permit issued by the ZBA pursuant to § 198-203.1 of this Zoning Bylaw, not more than one unregistered and ungaraged motor vehicle may be located on any lot in a Single Residence District, and no unregistered motor vehicle or boat may be placed or permitted to remain in the front yard of any such lot. Any person so locating a motor vehicle or boat shall each be punishable as specified in § 198-205.2 of this Zoning Bylaw.

No earth in excess of 500 cubic yards may be moved on any lot in any district which requires a minimum lot area of less than 40,000 square feet and no earth in excess of 1,500 cubic yards may be moved on any lot in any district which requires a minimum lot area of 40,000 square feet or more unless a special permit from the ZBA is obtained in accordance with the procedure provided in § 198-203, and only under such conditions as the ZBA may impose, with the following exceptions:

Nothing contained in § 198-504.1 shall prevent the continued use of any land for the purpose for which it is used at the time § 198-504.1 takes effect, which is May 14, 1998, or prevent the use of any land for farms, gardens, nurseries, cemeteries, parks, playgrounds and such purposes as are incidental to, or usual in connection with, any of said purposes.

Before a special permit is issued, the applicant shall show to the satisfaction of the ZBA that the movement will not impair the usability of the lot and adjacent lots for the purposes permitted in this Zoning Bylaw, that the grades to be established within the lot will permit vehicular access to the lot and the continuation of streets from the abutting lots, and that the lot may ultimately be developed compatibly with the neighboring land.

The movement of earth from within a subdivision, the plan of which has been approved by the Planning Board and duly recorded in the Middlesex South District Registry of Deeds, shall be permitted as of right when and to the extent that such is necessary for the lawful construction or alteration of a way shown on said plan or for the lawful installation of utilities, drainpipes or drain structures in said subdivision, provided that the quantity of earth so moved shall not exceed that in place in the particular space to be occupied by such way, utilities, drainpipes or drain structures, and subject to any requirements made by the Planning Board endorsed or referred to on the plan of such subdivision.

In all zoning districts all uses shall be conducted in a manner so as not to create offensive or unreasonable noise, vibration, light, smoke, gas, fumes, odor, dust, or so as to be dangerous to the public health or safety.

Off-street parking space shall be provided in connection with the original erection, or increase by units or dimensions, of any building or structure in the following amounts except as otherwise specified in the Zoning Bylaw:

Whenever, there is a change in the lawful use of the premises or in the number of employees or business visitors or any other unit of measurement specified in any of the foregoing paragraphs of this Article, and whenever such change creates a need for an increase of more than 20% of the number of off-street automobile parking spaces, as determined by the requirements of § 198-506, more off-street parking facilities shall be provided on the basis of the adjusted needs, as determined by § 198-506.

Mixed uses.

Special permit. The number of parking spaces may be reduced by the granting of a special permit from the Site Plan Approval Granting Authority, in accordance with § 198-603, if the applicant demonstrates that such parking spaces will not be needed for the proposed use, subject to the condition that the area necessary for those spaces is available on the lot and is designated on the approved plan of record. Additional spaces may be required if, at anytime after the special permit is granted, the Site Plan Approval Granting Authority determines that a need exists or parking is deficient. The special permit requirement shall not apply to uses protected under MGL c. 40A, § 3.

Location of facilities.

Parking facilities shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling or servicing of any kind. The required parking facilities shall be permanently available for use by persons using or working at establishments providing such space.

The following design standards apply to off-street parking facilities:

Landscaping in parking facilities.

On the same lot with every building or structure where goods are received or shipped, newly erected or increased by units or dimensions, adequate loading areas shall be provided. Off-street loading that is spaced logically, conveniently located for bulk pickups and deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled, shall be provided for all commercial and business uses. Required off-street loading space may not be included as off-street parking space. Loading areas shall be screened from any view from a street. The Site Plan Approval Granting Authority may modify this requirement.

Design Review Board establishment and membership. A Design Review Board is hereby established. Said Design Review Board shall consist of five (5) members who shall be appointed by the Planning Board based on the criteria contained herein. Members of the Design Review Board shall include, where possible and in order of preference, an architect; a landscape architect; a member of the Planning Board or designee; a resident who is an owner of a business in Wayland; and a graphic designer. Members shall serve for three (3) years or until their successors are appointed.

Purpose. The purpose of the Design Review Board is to issue an advisory opinion to the Building Commissioner, Special Permit Granting Authority, Board of Appeals and/or the Planning Board based on design guidelines that enhance, protect and promote development consistent with Wayland's Master Plan. Decisions of the Design Review Board shall be by a simple majority, and no final action shall be taken without the concurrence of at least three (3) members.

Organization. The Design Review Board shall elect from among its members a Chairman, Vice Chairman and a Clerk. Each officer shall serve for a term of one (1) year. The Design Review Board shall adopt rules and design guidelines as are necessary for the conduct of its responsibilities and shall publish and make available to the public design guidelines, advisory opinions rendered, and records of proceedings showing the vote on each opinion.

Authority and specific powers. All applications for building permits, site plan approval, special permits or variances for all nonresidential uses involving new construction and all commercial signs shall be submitted to the Design Review Board concurrently, or earlier, with the submission to the decisionmaking authority via the inclusion of one (1) additional set of all usual submittals required for such proposal. The Design Review Board review shall preferably be done in consultation with the applicant and their designer. A written advisory opinion must be made within 30 days after filing a complete application or such further time as the applicant may in writing allow to the administering Board (i.e., Board of Appeals, Planning Board). Lack of a report from the Design Review Board shall not be a sufficient reason to delay action on a submitted proposal.