Wenham City Zoning Code
ARTICLE 4
Use Regulations
§ 255-4.1 Table of Use Regulations.
The Table of Use Regulations below specifies the uses permitted in each district and, when a special permit or variance is required, identifies the special permit granting authority (SPGA) for each.
District | ||||
|---|---|---|---|---|
Category | Use | Residential | Business | Description |
Residential | ||||
Single-family | Y | Y | ||
Multifamily | N | N | ||
Multifamily unit in Senior Housing Overlay District (SHOD) | PB | PB | ||
Flexible development | PB | N | ||
Institutional and Exempt | ||||
Educational | Y | Y | Use of land or structures for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation | |
Cemetery | BA | BA | ||
Hospital or sanitarium | BA | BA | ||
Religious use | Y | Y | Use of land or structures for religious use | |
Day care, adult | BA | BA | ||
Day care, child | Y | Y | This does not include family day care (large or small) | |
Municipal | BA | BA | ||
Essential services | BA | BA | ||
Agricultural | ||||
Agriculture, exempt | Y | Y | ||
Agriculture, nonexempt | BA | BA | ||
Raising and keeping of animals, nonexempt | BA | BA | ||
Greenhouse or nursery, nonexempt | BA | BA | ||
Commercial stable on less than 2 acres | N | N | ||
Commercial | ||||
Educational, nonexempt | BA | BA | ||
Animal clinic or hospital | N | N | ||
Kennel | N | N | ||
Private club or lodge | N | BA | ||
Nursing or convalescent home | BA | BA | ||
Funeral home | N | N | ||
Hotel or motel | N | N | ||
Bed-and-breakfast | BA | BA | ||
Store, retail or wholesale with manufacturing on premises | N | Y | ||
Motor vehicle sales and/or rental | N | N | ||
Motor vehicle, general and body repair | N | N | ||
Motor vehicle, light services | N | BA | ||
Restaurant | N | Y | ||
Restaurant, drive-in | N | N | ||
Storage of motor vehicles or boats | N | Y | ||
Business or professional office including medical | N | Y | ||
Bank or financial agency | N | Y | ||
Commercial recreation, indoor | N | N | ||
Commercial recreation, outdoor | N | N | ||
Service establishment, personal | N | Y | ||
Service establishment, general | N | Y | ||
Wireless communication facility | PB | PB | ||
Laundry or dry-cleaning facility | N | N | ||
Printing, newspaper or job | N | BA | ||
Camp | BA | BA | ||
Large-scale ground-mounted solar voltaic installations | Y | Y | ||
Industrial | ||||
Manufacturing | N | N | Includes light or heavy manufacturing | |
Warehouse | N | N | Includes wholesale, self-storage, mini-warehouse or distribution facility | |
Junkyard or automobile graveyard | N | N | ||
Contractor's yard | N | N | ||
Transport terminal | N | N | ||
Accessory | ||||
Accessory apartment | BA | BA | ||
Home occupation | BA | BA | ||
Garage, private | Y | Y | For a total of 3 motor vehicles, including up to 1 commercial vehicle | |
Garage, private, for more than 3 motor vehicles or 1 commercial vehicle when 1 or more spaces is for rent | BA | BA | ||
Temporary use/occupancy of mobile home, travel trailer, camper or similar vehicle | Y | Y | In compliance with § 255-4.3E | |
Swimming pool | Y | Y | ||
Family day care, large or small | Y | Y | ||
Keeping of large animals at a density of more than 1 per acre | BA | BA | Examples include horses or cows | |
Accessory scientific research or development | BA | BA | ||
Other Uses | ||||
Drive-through windows | N | BA | ||
Temporary farm stand | Y | Y | ||
Temporary stands or booths for social, civic, or church functions | BA | BA | ||
§ 255-4.2 Principal uses.
Except as provided by law or in this bylaw in each district, no building or structure shall be constructed, used, or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations.
A.
By right. A use listed in the Table of Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y," subject to such restrictions as may be specified elsewhere in this bylaw.
B.
Use prohibited. A use listed in the Table of Use Regulations is not permitted in any district under which it is denoted by the letter "N."
C.
By special permit: Zoning Board of Appeals. A use designated in the table by the letters "BA" may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefor as provided in § 255-13.4 of this bylaw subject to such restrictions as are set forth elsewhere in this bylaw, and to such other restrictions as said Board may establish.
D.
By special permit: Planning Board. A use designated in the table by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefor as provided in § 255-13.4 of this bylaw subject to such restrictions as are set forth elsewhere in this bylaw, and to such other restrictions as said Board may establish.
E.
Marijuana establishments. Consistent with MGL c. 94G, § 3(a)(2), all types of "marijuana establishments" as defined in MGL c. 94G, § 1, to include marijuana cultivators, independent testing laboratory, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Wenham.
[Added 4-7-2018 ATM by Art. 17]
§ 255-4.3 Accessory uses.
A.
General. An accessory use shall be permitted only where on the same lot with, and customarily incidental to, any of the uses permitted in the district. Specific accessory uses are regulated as set forth in the Table of Use Regulations. The term accessory use shall include but not be limited to the specific examples addressed below.
B.
Accessory apartment.
[Amended 4-23-2018 ATM by Art. 22]
(1)
Special permit required. The Zoning Board of Appeals, by special permit, may authorize one accessory apartment within or as an attached portion of a single-family dwelling unit or within an accessory building subject to the following:
(2)
General requirements.
(a)
The following general requirements apply to all accessory apartments, including affordable accessory apartments.
[1]
The accessory apartment shall be a complete separate housekeeping unit that functions as a unit separate from the principal unit.
[2]
The lot shall contain at least 20,000 square feet (exclusive of wetlands and floodplains) unless the accessory apartment is in an accessory building, in which case the lot shall contain at least 40,000 square feet (exclusive of wetlands and floodplains).
[3]
Off-street parking for a minimum of three vehicles shall be provided in the driveway or an accessory garage.
[4]
To the extent feasible, the appearance of a single-family building shall be preserved.
[5]
Only one accessory apartment may be created on a lot.
[6]
Adequate provision shall be made for the disposal of sewage, waste, and drainage generated by the occupancy of the accessory apartment in accordance with the requirements of the Board of Health.
[7]
Adequate provision shall be made for ingress and egress to and from the accessory apartment.
(b)
Adequate landscaping shall be provided around the lot or the building(s) in order to preserve the single-family residential character of the neighborhood.
C.
Affordable accessory apartment. Where the applicant demonstrates to the satisfaction of the Zoning Board of Appeals that the apartment will be made available to low- and moderate-income households in accordance with the regulations concerning MGL c. 40B and 760 CMR 56.03, as they may be amended from time to time, the Zoning Board of Appeals, by special permit, may authorize an accessory apartment that does not exceed 50% of the floor area of the principal structure, 1,500 square feet and three bedrooms subject to the following subsections as well as to the general requirements set forth in § 255-4.3B(2). The applicant shall subject the property to restrictions necessary to ensure that the affordable units will remain affordable. The form and substance of the restrictions and the tenant selection process shall be subject to approval by the Zoning Board of Appeals.
[Amended 4-23-2018 ATM by Art. 22; 10-17-2020 STM by Art 4]
(1)
Special permit procedures. The procedures and standards for the submission and approval of a special permit application as set forth in § 255-13.4 shall be complied with except that:
(a)
The applicant shall submit a notarized letter stating that the owner of the premises will occupy one of the dwelling units at all times, except for bona fide temporary absences. This shall be a condition of any special permit.
(b)
The application shall include a floor plan of 1/4 inch to a foot, showing proposed changes to the building and a site plan showing the location of the building(s) and the parking spaces.
(2)
Decision.
(a)
All special permits pursuant to § 255-4.3B and C shall lapse at the expiration of one year from their granting. The special permit granting authority shall condition each special permit to terminate on the yearly anniversary date of the grant of the special permit, and the special permit will automatically be renewed on an annual basis unless written objection is filed with the Town Clerk prior to any anniversary date. In the event of written objection, a public hearing shall be held prior to deciding whether the special permit will be renewed.
(b)
Such special permit shall automatically terminate upon the sale, transfer or other change in ownership of the property of which such accessory apartment forms a part unless the property is being purchased with the intent to continue the use. In such case, the new owner shall make an application to transfer the special permit or for the issuance of a new special permit, which must be submitted to the Zoning Board of Appeals within 60 days of the sale or transfer of the property.
D.
Home occupation.
(1)
By right. A home occupation may be allowed as of right, provided that it:
(a)
Is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence;
(b)
Is clearly incidental and secondary to the use of the premises for residential purposes;
(c)
Does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;
(d)
Does not utilize exterior storage of material or equipment;
(e)
Does not exhibit any exterior indication, including signs, of its presence or any variation from residential appearance;
(f)
Does not produce more than two customer, pupil, or client trips to the occupation site per day and has no nonresident employees;
(g)
Is registered as a business with the Town Clerk.
(2)
By special permit. A home occupation may be allowed by special permit issued by the Zoning Board of Appeals, provided that:
(b)
It is conducted within a dwelling solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than two additional employees on site at same time;
(c)
It does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate in compliance with this bylaw;
(d)
A special permit for such use is granted by the Zoning Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. Such special permit shall expire after five years, or the transfer of the property, whichever first occurs; provided, however, that the special permit shall automatically renew prior to the expiration of said five-year period, provided that the home occupation remains in compliance with any terms and conditions set forth in the original special permit.
E.
Occupation of a mobile home, travel trailer, camper, or similar recreation vehicle.
(1)
Such vehicle may be occupied for a period not to exceed a total of seven days per year unless specifically authorized by the Zoning Board of Appeals.
(2)
Temporary use of a mobile home, travel trailer or camper, or similar temporary structure may be extended for not more than one year by the Zoning Board of Appeals, with concurrence of the Board of Health. Temporary use may be permitted only in an emergency situation, such as, but not limited to, loss of residence or business establishment by fire or other disaster.
F.
Storage.
(1)
Motor vehicle storage. One unregistered motor vehicle may be stored as an accessory use, provided that it shall be stored:
(a)
Within the principal or an accessory building; or
(b)
In the rear yard not less than 35 feet from the side or rear lot lines and screened from a public way. No such unregistered motor vehicle shall be stored as an accessory use when it has been rendered inoperable by dismantling or removing parts.
(2)
Trailer or boat storage. Accessory storage of one trailer or boat is permitted as an accessory use, provided that it shall be stored:
(a)
Within the principal or an accessory building; or
(b)
In the rear yard of the premises but not in a required side or rear yard setback and screened from a public way. By special permit, the Zoning Board of Appeals may vary the location of such storage. No trailer or boat shall be used for dwelling purposes, nor be stored as an accessory use when it has been rendered inoperable by dismantling or removing parts.
(3)
Parking or storage of commercial vehicles or recreational vehicles in residential district. Parking of one commercial or recreational vehicle of not more than 25,000 gvw is permitted in conformance with Subsection F(2). The storage of two additional commercial vehicles with more than 25,000 gvw may be authorized by special permit, provided such vehicles are not visible from any public way. Nothing herein shall be construed to prohibit the parking or storage of farm vehicles.
(4)
Other storage. Outside or inside storage accessory to the operation and conduct of a permitted use is permitted; provided, however, that:
[Amended 10-17-2020 STM by Art. 4]
(a)
If outside, the storage shall be located to the rear of the principal structure and shall be screened from view from any public way or adjacent residential district property line;
(b)
If inside, the gross floor area for storage purposes shall not exceed 50% of the gross floor area for the use permitted on the site, whether in a separate structure or not, without a special permit from the Planning Board.
(5)
Temporary storage units or structures. Temporary storage units, such as PODS® and other portable units, and temporary structures, such as tents or awnings used for vehicle or other storage, shall be located to the rear of the building line of the principal building on the lot, and shall not be located in any required side or rear yard. Such storage units or structures shall be used for a period not longer than 45 days per year without the grant of a special permit from the Zoning Board of Appeals.
§ 255-4.4 Nonconforming uses and structures.
A.
Applicability. This bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5, at which this bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
B.
Changes to nonconforming uses. The Zoning Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Zoning Board of Appeals:
C.
Nonconforming structures.
(1)
Reconstruction, extension or structural change. The Zoning Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Zoning Board of Appeals:
(2)
Variance required. Except as provided in Subsection C(3) below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity shall require the issuance of a variance from the Zoning Board of Appeals; provided, however, that the extension of an exterior wall at or along the same nonconforming distance within a required yard shall require a special permit.
(3)
Nonconforming single-family and multifamily residential structures. Nonconforming single-family and multifamily residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure.
[Amended 10-17-2020 STM by Art. 4]
(a)
Where the proposed extension does not increase the square feet contained within the existing structure by more than 25%, the following circumstances shall not be deemed to increase the nonconforming nature of said structure:
[1]
Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements.
[2]
Alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements.
[3]
Alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements.
(b)
In all other cases, the Zoning Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
(4)
Reconstruction after catastrophe or voluntary demolition. Any nonconforming structure may be reconstructed after a catastrophe or after voluntary demolition in accordance with the following provisions:
(a)
Reconstruction of a nonconforming structure affected by a catastrophe shall commence within two years after such catastrophe; and
(b)
In the case of voluntary demolition, a nonconforming structure may be reconstructed subject to the following conditions:
[1]
Where the proposed reconstructed building shall be located on the same footprint as the original nonconforming structure, and contains the same volume or area as the original nonconforming structure, such reconstruction shall be completed within two years of demolition upon the issuance of a building permit.
[2]
Where the proposed reconstructed building causes the structure to exceed the volume or area of the original nonconforming structure or causes the structure to be located other than on the original footprint, a special permit shall be required from the Zoning Board of Appeals prior to such demolition and such reconstruction shall be completed within one year of demolition.
(5)
Abandonment or nonuse. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this bylaw.
(6)
Reversion to nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
D.
Amortization of nonconforming lots. Any property owner who owns a lot with less than 50 feet of frontage that would have been entitled to a building permit prior to the adoption of this amended Zoning Bylaw shall have a period of six months from the date of adoption of this amended Zoning Bylaw to make application to the Building Inspector for a building permit. So long as such property owner satisfies all requirements of the bylaw in effect immediately prior to the adoption of this amended Zoning Bylaw, they shall be entitled to a building permit, provided that all other applicable laws, rules, regulations, and requirements are satisfied. After such six-month period, the provisions of MGL c. 40A, § 6 shall control.