Wayland City Zoning Code
ARTICLE 9
Single Residence District
§ 198-901 Permitted uses.
901.1.
See Article 7, Area, Yard and Bulk Regulations; Article 8, Dimension and Use Tables.
[Amended 5-5-1999 STM by Art. 9]
901.1.1.
A customary home occupation of a resident owner, or a resident tenant with the owner's permission, shall be permitted as a matter of right in those zoning districts specifically referenced in the Table of Accessory Uses, § 198-804, provided that all of the following conditions are met:
[Amended 5-4-1994 ATM by Art. 23; 4-30-2001 ATM by Art. 25]
901.1.1.1.
The customary home occupation occupies no more than 25% of the gross floor area or 500 square feet, whichever is less, of the dwelling unit or accessory building on the lot.
901.1.1.2.
There are no employees;
901.1.1.3.
No business is conducted on the lot with any client or customer physically present;
901.1.1.4.
There are no signs or other external evidence of nonresidential use; and
901.1.1.5.
No hazard or nuisance, including offensive noise, vibrations, smoke, dust or other particulate matter, odors, heat, glare, humidity, and noxious fumes, shall be created to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists.
901.1.2.
A customary home occupation of a resident owner, or a resident tenant with the owner's permission, may be permitted by issuance of a special permit from the Zoning Board of Appeals in those zoning districts specifically referenced in the Table of Accessory Uses, § 198-804, provided that all of the following conditions are met:
[Added 4-30-2001 ATM Art. 25]
901.1.2.1.
The use of the dwelling unit, or an accessory structure, by the resident for business is incidental and subordinate to its use for residential purposes and occupies no more than 25% of the gross floor area of the dwelling unit or 500 square feet, whichever is less, within the dwelling unit or accessory structure on the premises;
[Amended 5-6-2004 ATM by Art. 21]
901.1.2.2.
No more than one nonresident employee shall be permitted on the lot;
901.1.2.3.
There is no change in the outside appearance of the building, structure, or lot or any visible or audible evidence detectable from the property line of the conduct of such business except that one sign not larger than two square feet in area bearing only the name of the practitioner and occupation shall be permitted (words only). The sign shall be flush-mounted to the dwelling unit and shall not be illuminated.
901.1.2.4.
Traffic, including traffic by commercial delivery vehicles, shall not be generated in greater volumes than would normally be anticipated in a residential neighborhood;
901.1.2.5.
No hazard or nuisance, including offensive noise, smoke, dust, odors, heat, glare, noxious fumes or vibrations, shall be created to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists;
901.1.2.6.
There shall be no display of goods or outside storage;
901.1.2.7.
Parking for the customary home occupation shall be provided on the lot.
901.1.3.
An accessory dwelling unit is as permitted by the Table of Accessory Uses, § 198-804, and provided that:
[Amended 4-17-1980 ATM by Art. 22; 4-30-1986 ATM by Art. 29; 5-5-1999 STM by Art. 9]
901.1.3.1.
The lot on which the accessory unit is to be situated contains at least 20,000 square feet and at least 50% of the requirement for the district in which it is located.
901.1.3.2.
No more than one accessory unit shall exist on the lot on which it is to be situated.
901.1.3.3.
The building or buildings in which the accessory unit and the principal residence are to be situated shall have existed for two years.
[Amended 4-30-1986 ATM by Art. 29]
901.1.3.4.
Any additions made after January 1, 1980, to a building for the purpose of accommodating an accessory unit shall not increase the habitable area of the original building by more than 20%. Any such additions must meet all zoning requirements.
[Amended 4-30-1986 ATM by Art. 29]
901.1.3.5.
Either the accessory unit or the principal residence shall be occupied by the owner of the lot on which the accessory unit is situated. The owner may be absent for periods not exceeding one year, provided that no one occupies the owner's unit, except a house sitter paying no rent. The owner's unit may be rented for periods not exceeding two years, provided that prior written notice is given to the Building Commissioner, the owners have occupied their unit for the prior two years, and occupy for two years between rental periods, and the owners remain legal residents of the Town.
[Amended 4-30-1986 ATM by Art. 29]
901.1.3.6.
The accessory unit and the principal residence shall each have two means of egress to grade that are in compliance with the Building Code.
901.1.3.7.
Sufficient parking spaces, not less than 10 feet by 20 feet, shall be provided off street for the occupants of each dwelling unit.
901.1.3.8.
The Board of Health shall have given written approval that the septic system serving the dwelling with the accessory unit is in compliance with the rules and regulations of the Board of Health in effect at the time of application for special permit, unless a variance is granted by the Board of Health.
901.1.3.9.
Where a special permit has been issued pursuant to the provisions of this section, the permitted use must commence within one year, otherwise said permit shall lapse.
901.1.3.10.
Floor plans of the accessory unit and the principal residence and a plot plan showing the location of the building on the lot shall have been filed with the application after review by the Building Commissioner.
901.1.3.11.
Application for a building permit or certificate of occupancy shall be made to the Building Commissioner, and no use or occupancy shall commence prior to the issuance of a certificate of occupancy by the Building Commissioner.
[Amended 4-30-1986 ATM by Art. 29; 5-5-1999 STM by Art. 11]
[Amended 4-30-1986 ATM by Art. 29; paragraph deleted] |
901.1.4.
An accessory dwelling unit reserved, for a period not less than 10 years, for occupancy by a person or family receiving rental assistance from the Wayland Housing Authority is permitted in accordance with the Table of Accessory Uses, § 198-804, and provided that:
[Amended 5-8-1989 ATM by Art. 18; 5-5-1999 STM by Art. 9]
901.1.4.1.
The lot on which the accessory unit is to be situated contains at least 15,000 square feet.
901.1.4.2.
Any additions made after December 15, 1988, to a building for the purpose of accommodating an accessory dwelling unit reserved for Wayland Housing Authority rental programs shall not increase the habitable area of the original building by more than 35%, provided that the unit shall not exceed 1,000 square feet of floor space. Any such addition must meet all zoning and Building Code requirements.
901.1.4.3.
The accessory unit shall have two means of egress to grade in compliance with the Building Code.
[Amended 5-5-1999 STM by Art. 11]
901.1.4.4.
The accessory unit shall be served by one parking space, unless the special permit granting authority determines that on-street parking is not detrimental to the neighborhood.
901.1.4.5.
The accessory unit shall comply with the requirements of § 198-901.1.3.2, 901.1.3.3, 901.1.3.5, 901.1.3.8, 901.1.3.9, 901.1.3.10 and 901.1.3.11.
901.1.4.6.
The homeowner shall submit proposed documents leasing the accessory unit, for a period of not less than 10 years, to the Wayland Housing Authority. Such documents shall include certification that the Wayland Housing Authority intends to accept such unit for its rental assistance programs.
901.1.4.7.
Any special permit issued under this § 198-901.1.4 shall lapse if the homeowner breaches his/her lease with the Wayland Housing Authority (upon proper notice by said Authority) or if the accessory unit ceases to be occupied by an eligible family (as certified by said Authority).
901.1.5.
Public buildings.
901.1.5.1.
Police stations.
[Amended 4-8-1985 STM by Art. 2; 5-5-1999 STM by Art. 9; 5-5-1999 STM by Art. 11]
[Amended 5-5-1999 STM by Art. 9; paragraph deleted] |
901.1.5.2.
Housing for elderly persons of low income, including adequate parking areas therefor, as such housing is defined by MGL c. 121B, §§ 1, 38, 39 and 40, constructed by the Wayland Housing Authority as permitted in the Table of Principal Uses by District, § 198-802.
[Amended 5-5-1999 STM by Art. 9]
901.1.5.3.
Subsidized multifamily dwelling for persons of low income, including adequate parking areas therefor, such housing being more fully described in MGL c. 121B, constructed by the Wayland Housing Authority as permitted in the Table of Principal Uses by District, § 198-802.
[Amended 6-2-1981 STM by Art. 6; 5-5-1999 STM by Art. 9]
901.1.5.4.
Where sanitariums, hospitals or nursing homes for the care of the sick or aged, are permitted by the Table of Principal Uses by District, § 198-802, no building shall be within 30 feet of any lot line.
[Amended 5-3-1993 ATM by Art. 18; 5-5-1999 STM by Art. 9]
901.1.5.5.
Where public or charitable institutional buildings not of a correctional nature are permitted by the Table of Principal Uses by District, § 198-802, no building shall be within 30 feet of any lot line.
[Amended 4-28-1986 ATM by Art. 25; 5-5-1999 STM by Art. 9]
901.1.6.
Greenhouses or stable for horses are permitted by the Table of Principal Uses by District, § 198-802, any greenhouse heating plant and any building in which farm or pleasure animals are kept may not be within 20 feet from any lot line.
[Amended 4-30-1975 ATM by Art. 31; 5-5-1999 STM by Art. 9][2]
[Amended 5-5-1999 STM by Art. 9: paragraph deleted] |
[2]
Editor's Note: Former § 198-902, Accessory uses and buildings, amended 4-30-1986 ATM by Art. 29, and former § 198-903, Permits required by the Zoning Board of Appeals, amended 5-2-1983 ATM by Art. 12, which immediately followed, were repealed 5-5-1999 STM by Art. 9. Prior to this repeal, a former § 198-903, Storage of unregistered vehicles; violations and penalties, was moved to § 198-503 by Art. 47 of the 5-14-1998 ATM and a former § 198-903.1.4, Earth removal, was moved to § 198-504 by Art. 47 of the 5-14-1998 ATM.