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ZONING BYLAWS Effective beginning February 23, 1954 with amendments by subsequent town meetings March 1, 2010 Price $15.00 Town of Lynnfield Zoning Bylaws March 1, 2010 1. SCOPE 1-1 1.1 Title 1-1 1.2 Authority 1-1 1.3 Purpose 1-1 2. DEFINITIONS 2-1 2.1 Building 2-1 2.2 Constructed 2-1 2.3 Dwelling 2-1 2.4 Family 2-1 2.5 House, one-family detached 2-1 2.6 Lot 2-1 2.7 Premises 2-1 2.8 Structure 2-1 2.9 Area of a Sign 2-1 2.10 Housing for the Elderly 2-2 2.11 Street 2-2 2.12 Wireless Communication Facility 2-2 2.13 Wireless Communication Services 2-2 2.14 Facade-Mount Antennas 2-2 3. DISTRICTS 3-1 3.1 Establishment of Districts 3-1 3.2 Location of Districts 3-1 3.3 Location of Boundaries. 3-2 3.4 Lots in Two Districts. 3-2 4. USE REGULATIONS 4-1 i Town of Lynnfield Zoning Bylaws March 1, 2010 4.1 Single Residence District Uses 4-1 4.1.1 Uses Authorized by Board of Appeals 4-1 4.2 Limited Business District Uses 4-2 4.2.1 Uses Authorized by Board of Appeals 4-3 4.3 General Business District Uses 4-3 4.3.1 Uses Authorized by Board of Appeals 4-4 4.4 Commercial District Uses 4-5 4.4.1 Uses Authorized by Board of Appeals 4-6 4.5 Limited Industrial District Uses 4-6 4.5.1 Uses Authorized by Board of Appeals 4-7 4.6 Housing for the Elderly District 4-7 4.6.1 Uses Authorized by Board of Appeals 4-7 4.7 Office Park District Uses 4-7 5. ACCESSORY USES 5-1 5.1 Accessory Uses in Residence Districts 5-1 5.1.1 Home Occupation 5-2 5.1.2 Accessory Apartments in Residence Districts 5-2 5.2 Accessory Uses in Limited Business Districts 5-4 5.3 Accessory Uses in General Business Districts 5-4 5.4 Accessory Uses in Commercial Districts 5-4 5.5 Accessory Uses in Limited Industrial Districts 5-4 5.6 Accessory Uses in Housing for the Elderly Districts. 5-4 5.7 Accessory Use in Office Park Districts 5-5 6. SIGN REGULATIONS 6-1 6.1 Signs in Single Residence Districts 6-1 6.2 Signs in Limited Business Districts 6-1 6.3 Signs in General Business Districts 6-2 6.4 Signs in Commercial Districts 6-2 6.5 Signs in Limited Industrial Districts 6-2 6.6 Signs in Housing for the Elderly Districts 6-2 6.7 Signs in Office Park Districts 6-2 ii Town of Lynnfield Zoning Bylaws March 1, 2010 7. SPECIAL PROVISIONS IN ALL DISTRICTS 7-1 7.1 Enclosure and Screening 7-1 7.1.1 Residential Districts 7-1 7.1.2 Limited Business District 7-1 7.1.3 General Business District 7-1 7.1.4 Commercial District 7-1 7.1.5 Limited Industrial District 7-2 7.1.6 Housing for the Elderly Districts 7-2 7.1.7 Office Park Districts 7-2 7.2 Off-Street Parking. 7-2 7.3 Vehicular Access 7-3 7.4 Site Plan Approval 7-4 7.5 Applicability of Parking, Access, and Site Plan Requirements 7-6 7.6 Lighting Provisions A.T.M. April 26, 1999 7-7 7.6.1 Definitions 7-7 7.6.2 Residential District (Including Housing for the Elderly District) 7-7 7.6.3 All Other Districts (excluding overlay districts) 7-8 7.6.4 Maximum Light 7-8 8. SPECIAL PERMITS 8-1 8.1 Time Lapse 8-1 8.2 Scientific Use 8-1 8.3 Earth Removal 8-1 8.4 Green Belt Zoning 8-2 8.4.1 Purpose 8-2 8.4.2 Hearing 8-2 8.4.3 Conditions 8-4 8.4.4 Response to Planning Board 8-5 8.4.5 Required Compliance 8-5 8.4.6 Other Provisions 8-5 8.4.7 Procedure 8-5 8.4.8 Non Severability of Green Belt Zoning Section 8-6 8.4.9 Changes 8-6 8.5 Adult Uses. S.T.M. October 19, 1998 8-7 8.5.1 Purpose and Intent. 8-7 8.5.2 Definitions 8-7 8.5.3 Special Permit 8-8 8.6 Assisted Living Residence S.T.M. October 19, 1998 8-9 8.6.1 Purpose and Intent. 8-9 8.6.2 Definitions 8-9 8.6.3 Special Permit 8-9 iii Town of Lynnfield Zoning Bylaws March 1, 2010 188.8.131.52 Authority 8-9 9. OVERLAY DISTRICTS 9-1 9.1 FLOOD PLAIN DISTRICTS. 9-1 9.1.1 Purpose 9-1 9.1.2 Location 9-1 9.1.3 Relationship to Other Districts 9-2 9.1.4 Permitted Uses in Flood Plain Districts 9-2 9.1.5 Uses Allowed by the Board of Appeals 9-3 9.1.6 Restrictions 9-3 9.2 WETLAND BUFFER ZONE DISTRICT A.T.M. April 24 & 27, 1989 9-4 9.2.1 Purpose 9-4 9.2.2 Location 9-4 9.2.3 Relationship to Districts 9-4 9.2.4 Permitted Uses In A Buffer Zone 9-4 9.2.5 Uses Allowed By the Board of Appeals 9-5 9.3 GROUNDWATER PROTECTION DISTRICT S.T.M. October 18, 1993 9-6 9.3.1 Purpose 9-6 9.3.2 Scope of Authority 9-6 9.3.3 Definitions 9-6 9.3.4 Establishment and Delineations of Groundwater Protection District 9-7 9.3.5 District Boundary Disputes 9-7 9.3.6 Use Regulations 9-7 9.3.7 Procedures for Issuance of Special Permit 9-10 9.3.8 Severability 9-12 9.4 WIRELESS COMMUNICATIONS DISTRICT A.T.M. April 27, 1998 9-13 9.4.1 Purpose 9-13 9.4.2 Location 9-13 9.4.3 Relationship to Other Zoning Districts 9-13 9.4.4 General Requirements 9-13 9.4.5 Special Use Permit Review 9-15 9.4.6 Application Process 9-15 9.4.7 Design Guidelines 9-17 9.5. Planned Village Development District (the “PVDD”) (April 30, 2007) 9-19 9.5.1 Purposes 9-19 9.5.2 Authority and Applicability 9-19 9.5.3 Establishment and Delineation of PVDD and Sub-Districts 9-20 9.5.4 Definitions 9-20 9.5.5 Permitted uses 9-25 9.5.6 Prohibited Uses or Activities in the PVDD 9-25 9.5.7 Dimensional and other requirements 9-27 9.5.8 Parking 9-29 9.5.9 Design Standards 9-30 9.5.10 Transportation Network 9-30 9.5.11 Affordable Housing 9-31 9.5.12. Site Plan Review 9-34 9.5.13. Waivers 9-38 9.5.14. Project Phasing 9-38 9.5.15 Change in Plans after Approval by Approving Authority 9-38 iv Town of Lynnfield Zoning Bylaws March 1, 2010 9.5.16 Fair Housing Requirement 9-39 9.5.17 Annual Update 9-39 9.5.18 Notification of Issuance of Building Permits 9-39 9.5.19 Date of Effect 9-39 9.5.20 Severability 9-40 10. DIMENSIONAL REGULATIONS 10-1 10.1 Building Heights 10-1 10.2 Height Projections 10-1 10.3 Lot Area and Frontage 10-2 10.4 Lot Width 10-3 10.5 Lot Shape 10-3 10.6 Lot Size Exceptions 10-3 10.7 Lot Coverage 10-4 10.8 Set Backs and Yards 10-5 10.9 Set Back and Yard Exceptions 10-6 10.10 Reduction of Occupied Lots 10-6 11. NON-CONFORMING AND TEMPORARY USES AND BUILDINGS 11-1 11.1 Buildings and Uses Already in Existence 11-1 11.2 Existing Buildings 11-1 11.3 Change of Non-Conforming Use. 11-2 11.4 Extension of Non-Conforming Use. 11-2 11.5 Temporary Uses 11-3 12. INSTALLATION OF UTILITIES 12-1 12.1 Fines 12-1 13. ADMINISTRATION AND ENFORCEMENT 13-1 13.1 Enforcement Authority 13-1 13.2 Zoning Administrator 13-1 13.3 Occupancy Permit 13-1 v Town of Lynnfield Zoning Bylaws March 1, 2010 13.4 Appeal Procedure 13-1 13.5 Board of Appeals Provision 13-2 13.5.1 Construct 13-2 13.5.2 Authority 13-2 13.5.3 Permit Issuance 13-2 13.5.4 Repeal 13-2 13.6 Fines 13-2 14. APPLICATION: VALIDITY 14-1 15. AMENDMENTS 15-1 vi Town of Lynnfield Zoning Bylaws March 1, 2010 1. SCOPE The following Bylaw is Chapter 6, “Planning and Zoning” of the Town of Lynnfield’s “Bylaws, Adopted by the Town” 1.1 Title The title of the following Bylaw shall be: “Zoning Bylaws, Town of Lynnfield”. 1.2 Authority The Zoning Bylaws are adopted pursuant to the authority granted by Chapter 40A of the General Laws of the Commonwealth of Massachusetts, as amended to date. 1.3 Purpose The purpose of the Zoning Bylaw includes, but is not limited to, the following: - to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the town, and to preserve and increase amenities by the promulgation of regulations to fulfill said objectives. Said regulations may include but are not limited to restricting, prohibiting, permitting or regulating: 1. uses of land, including wetlands and lands deemed subject to seasonal or periodic flooding; 2. size, height, bulk, location and use of structures, including buildings and signs except that billboards, signs and other advertising devices are also subject to the provisions of sections twenty-nine through thirty-three, inclusive, of chapter ninety-three, and to chapter ninety-three D; 3. uses of bodies of water, including water courses; 4. noxious uses; 5. areas and dimensions of land and bodies of water to be occupied or unoccupied by uses and structures, courts, yards and open spaces; 6. density of population and intensity of use; 1-1 Town of Lynnfield Zoning Bylaws March 1, 2010 7. accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and 8. the development of the natural, scenic and aesthetic qualities of the community. S.T.M. October 21, 1996 1-2 Town of Lynnfield Zoning Bylaws March 1, 2010 2. DEFINITIONS In this bylaw, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings: 2.1 Building Any structure having a roof supported by columns or by a wall (not to include trailers) for the shelter, housing, or enclosure of persons animals, chattels, or property of any kind. 2.2 Constructed The word “constructed” shall include the words “built”, “erected”, “reconstructed”, “altered”, “enlarged”, “moved”, “placed”. 2.3 Dwelling Any building used in whole or in part as a habitation for one or more persons. 2.4 Family Any number of persons living and cooking together on the premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel. 2.5 House, one-family detached A detached dwelling designed for and occupied by one family. 2.6 Lot A single tract of land held in identical ownership throughout and defined by metes, bounds or lot lines in a deed or conveyance or shown on a duly recorded plan. 2.7 Premises A lot, together with all buildings, structures, and uses thereon. 2.8 Structure A combination of materials assembled at a fixed location to give support or shelter or for other purposes, including buildings, frameworks, tents, platforms, signs, flagpoles, masts for antenna, and the like, but expressly excluding basketball courS.T.M. October 21, 1991 2.9 Area of a Sign The area of the minimum rectangle in the plane of the sign necessary to totally enclose all parts of it.A.T.M. March 3, 1967 2-1 Town of Lynnfield Zoning Bylaws March 1, 2010 2.10 Housing for the Elderly Multi family dwellings which contain two or more independent dwelling units consisting of a room or suite of rooms, its own bath and toilet facilities, and its own kitchen facility. Each such building may also include central kitchen and dining facilities for providing meals to residents thereof and their guests but not to the public and may also provide lounge rooms for the common use of residents and their guests. In one of such buildings, a unit may be included for occupancy by the manager of the project and his immediate family, one room of which may be used as an office, and except for the unit to be occupied and used as aforesaid by the manager, no unit in such building shall be occupied unless at least one of the tenants is a person who is sixty years of age or over. No Housing for the Elderly development shall contain more than 136 independent dwelling units. Children under the age of eighteen (18) years of age are prohibited from occupying or residing in any of the Elderly Housing dwelling units on a permanent basis. S.T.M. April 29, 1982; A.T.M. April 24, 2006 2.11 Street A way which is over twenty-four (24) feet in right-of-way width which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A “Street” includes, 1) all public ways, 2) a way which the town clerk certifies is maintained and used as a public way, 3) a way shown on a plan approved and endorsed in accordance with the Rules and Regulation Governing Subdivision of Land in Lynnfield, Massachusetts, or 4) a way having in the opinion of the Lynnfield Planning Board sufficient paved width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.S.T.M. October 17, 1994 2.12 Wireless Communication Facility A free standing tower or monopole, or an antenna array attached to the roof or highest point of an existing building or structure, including accessory antennas, structures, cables and equipment, if any, which facilitate the provision of wireless communications services. A.T.M. April 27, 1998 2.13 Wireless Communication Services The provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service. A.T.M. April 27, 1998 2.14 Facade-Mount Antennas One or more antennas or panel mounted on the facade of an existing building or structure, including accessory equipment and cables, if any, which facilitate the provision of wireless communications services. 2-2 Town of Lynnfield Zoning Bylaws March 1, 2010 3. DISTRICTS 3.1 Establishment of Districts For the purpose of this bylaw, the Town of Lynnfield is hereby divided into fourteen districts, designated as: 1. Single Residence A Districts S.T.M. 10/18/71 2. Single Residence B Districts S.T.M. 10/16/78 3. Single Residence C Districts 4. Single Residence D Districts 5. Limited Business Districts S.T.M. 10/18/71 6. General Business Districts 7. Commercial Districts A.T.M. 4/29/74, S.T.M. 10/16/78 8. Limited Industrial Districts A.T.M. 3/12/62, S.T.M. 10/2003 9. Flood Plain Districts A.T.M. 3/8/65, A.T.M.4/29/74, A.T.M. 10/15/79 10. Green Belt Zoning A.T.M. 6/12/72, A.T.M. 4/29/74 11. Housing for the Elderly District. S.T.M. 4/29/82 12. Office Park District A.T.M. 4/2427/89 13. Groundwater Protection District S.T.M. 10/18/93, S.T.M. 10/21/96 14. Wetland Buffer Zone A.T.M. 4/24 & 25/89, S.T.M. 10/17/94 15. Wireless Communication District S.T.M. 10/19/98 16. Planned Village Development District A.T.M. 04/30/07 3.2 Location of Districts Said districts referred to are located and bounded as shown on a map entitled, “Zoning District Map of the Town of Lynnfield, Massachusetts, December 1953”, together with all duly adopted amendments and revisions, and filed in the office of the Town Clerk, which map, together with all explanatory matter thereon, is hereby incorporated in and made a apart of this bylaw. The Groundwater Protection District is located as shown on separate maps entitled “Lynnfield Groundwater Protection District Zones 1, 2 and 3” dated September 1, 1993 and August 8, 1996 which are on file in the office of the Town Clerk. S.T.M. 6/22/61; A.T.M. 3/8/65; A.T.M. 3/8/71; A.T.M. 10/18/71; A.T.M. 6/12/72; A.T.M. 4/29/74; S.T.M. 4/29/82; A.T.M. 10/17/83; S.T.M. 11/17/86; A.T.M. 4/30/90; A.T.M. 4/27/92; S.T.M. 10/22/92; S.T.M. 10/18/93; S.T.M. 10/17/94 The Planned Village Development District (PVDD) is located as shown on a separate map entitled: “Plan of Land Showing Proposed Zoning Overlay District Entitled: Planned Village Development District ‘PVDD’ and Sub-Districts”, dated March 7, 2007. A.T.M. April 30, 2007 3-1 Town of Lynnfield Zoning Bylaws March 1, 2010 3.3 Location of Boundaries. The location of the boundary lines of the districts shown upon the Zoning Map shall be determined as follows: 1. Where a boundary is shown as following a public way, private way, railroad, or utility transmission line, the boundary shall be the center line thereof unless otherwise indicated. 2. Where a boundary is shown outside of a public way, private way, railroad, or utility transmission line and approximately parallel thereto, it shall be deemed parallel to the nearest exterior line thereof; and a figure placed on the Zoning Map between the boundary and the way, railroad, or utility transmission line is the distance in feet of such boundary from such exterior line, said distance being measured at a right angle thereto unless otherwise indicated. 3. In any cases not covered by the other provisions of this paragraph, the location of a boundary line shall be determined by the distance in feet, if given, from other lines upon the Zoning Map, or, if distances are not given, then by the scale of said map. S.T.M. June 22, 1961 3.4 Lots in Two Districts. Where a single residence A, B, C, or D district boundary line divides a lot the entire area of which lies in a Residence District, the regulations applicable to the less restricted portion of such lot may extend not more than thirty (30) feet into the more restricted portion, provided that such lot has required frontage on a public or private way in the less restricted district; otherwise, there shall be no extension. A.T.M. March 8, 1965 3-2 Town of Lynnfield Zoning Bylaws March 1, 2010 4. USE REGULATIONS No building or structure, and no alteration, enlargement or extension of an existing building or structure shall be designed, arranged or constructed, and no land, building, structure or part thereof shall be used for any purpose or in any manner other than for one or more of the uses specifically permitted herein. 4.1 Single Residence District Uses In a Single Residence A, B, C, and D District, the following uses are permitted: 1. One family detached house, with not more than one such house located on any lot. 2. Church, parish house, rectory or convent. 3. Religious, sectarian, or denominational educational use. 4. Public school, or private school offering general educational courses. 5. Public or non-profit library, museum, art gallery or civic center. 6. Governmental administration building, fire or police station. 7. Municipal recreation or public water supply use. 8. Orchard, truck garden, nursery or similar open use of the land for the raising of agricultural or horticultural crops. 9. Sign, as hereinafter permitted. 10. Accessory use, as hereinafter limited and defined. 4.1.1 Uses Authorized by Board of Appeals Any of the following additional uses, if authorized by the Board of Appeals. 1. The alteration of a single family dwelling existing on the effective date of this bylaw to accommodate two families if located on a lot having an area not less than twice that required for the erection of a single family dwelling in the same district, provided that no exterior change is made which alters the single family character of the dwelling. 2. Nursery school or other agency for day care of children, or private organized camp. 3. Tourist home, boarding or lodging house (but not including overnight cabins, motels or hotels), 4-1 Town of Lynnfield Zoning Bylaws March 1, 2010 4. Cemetery, hospital, sanatorium, philanthropic or charitable institution (but not including a correctional institution). 5. Any governmental use (but including a public utility or communication use) not hereinbefore specifically listed, which is necessary for the service of the vicinity or which requires a location within the district for reasons of space or function. 6. Commercial golf course (but not including a golf driving range or miniature golf course). 7. Salesroom or stand for the display and sale of agricultural or horticultural products the major portion of which are grown on the premises, provided that any display, whether open or enclosed, is not less than fifty (50) feet from side and rear lot lines and not nearer the exterior line of any public or private way than the front yard depth required for a building in the district in which said salesroom or stand is located. Except that temporary portable stands, not exceeding four feet in area may be placed nearer the exterior line of any public or private way than the required from yard depth required in said district, but in no case less than five feet from the exterior line of said way. 8. Country Club, lodge building, or other non-profit social, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business). A.T.M. March 14, 1960 9. Assisted Living Residence in Single Residence A, B, C, and D Districts, which is authorized under the Special Permit Subsection entitled Assisted Living Residence. S.T.M. October 19, 1998 4.2 Limited Business District Uses In a Limited Business District, the following uses are permitted: 1. Any of the uses permitted without Board of Appeals authorization in a single Residence A, B, C, and D Districts, subject to the same conditions as therein specified. 2. Any of the following retail businesses: book, stationery or news store, cigar store, drug store, delicatessen, dry goods or variety store, florist or gift shop, fruit or grocery store, hardware store, jewelry store, meat market or wearing apparel store. 3. Any of the following personal or consumer service establishments: barber or beauty shop, collection station for laundry or dry cleaning, frozen food locker, hand or self-service laundry, photographic studio, shoe or hat repair shop, shop for custom work by a dressmaker, milliner or tailor. 4. Restaurant or other place for the serving of food or beverages only to persons seated at tables or counters, provided that no dancing and no mechanical or live entertainment is furnished except for private gatherings. 4-2 Town of Lynnfield Zoning Bylaws March 1, 2010 5. Business or professional office, or bank, provided that not more than five (5) persons are regularly employed therein. 6. Sign, as hereinafter permitted. 7. Accessory use as hereinafter limited and defined. 4.2.1 Uses Authorized by Board of Appeals Any of the following additional uses, if authorized by the Board of Appeals: 1. Any of the uses, which the Board of Appeals may authorize in Single Residence A, B, C and D Districts as set out in “Single Residence District Uses” subsection “Uses Authorized by Board of Appeals” and subject to the same conditions as therein specified. 2. Automobile service station. S.T.M. June 26, 1967 3. Any other retail business or service establishment supplying commodities or performing personal or consumer services primarily for residents of the surrounding neighborhood, provided that such use is similar to the uses hereinbefore listed in general character, extent of business hours, number of persons or cars to be attracted, and in effect on adjacent property and improvements (but not including any use specifically listed herein in a less restricted district, nor any use whose stock in trade consists primarily of large bulky objects not normally subject to being carried away by the customer on his person or in his automobile). A.T.M. April 29, 1991 4.3 General Business District Uses In a General Business District, the following uses are permitted: 1. Any of the uses permitted without Board of Appeals authorization, in Single Residence A, B, C, and D Districts and Limited Business Districts, except dwellings, subject to the same conditions as therein specified. A.T.M. October 18, 1971 2. Store for the conduct of a retail business. 3. Drive-in retail establishment serving food or beverages or dispensing merchandise from inside a building to persons standing outside or seated in their automobiles. 4. Showroom for building supplies, including plumbing, heating and ventilating equipment, with storage limited to floor samples only. 5. Salesroom for boats, trailers, trucks, farm implements, or machinery, with no repair services. 6. Salesroom for automobiles, automobile repair garage, or automobile service station. 4-3 Town of Lynnfield Zoning Bylaws March 1, 2010 7. Wholesale office or showroom, with storage limited to floor samples only. 8. Any of the following consumer, professional or commercial service establishments: bicycle repair shop, blueprinting establishment, business or trade school, clothing rental establishment, dancing or music school, funeral home, television or household appliance repair shop, typewriter repair shop. 9. Shop of a carpenter, cabinetmaker, electrician, painter, paperhanger, plumber, sign painter, or upholsterer, with not more than five thousand (5,000) square feet of floor area per establishment used for work and storage. 10. Office building, bank or other monetary institution. 11. Bowling alley with not more than twenty thousand (20,000 square feet of floor area per establishment, dance hall with not more than five thousand (5,000) square feet of floor area per establishment, indoor theater, billiard parlor, or pool ha. A.T.M. March 13, 1961 12. Printing or publishing establishment, with not more than five thousand (5,000) square feet of floor area per establishment used for production. 13. Rest home, convalescent or nursing home. S.T.M. November 17, 1986 14. Sign, as hereinafter permitted. 4.3.1 Uses Authorized by Board of Appeals Any of the following additional uses if authorized by the Board of Appeals. 1. Any of the uses permitted with Board of Appeals authorization in Single Residence A, B, C, and D Districts, subject to the same conditions as therein specified. 2. Any other retail business or service establishment similar to the uses hereinbefore listed in general character and in effect or adjacent property and improvements (but not including any use specifically listed herein in a less restricted district). 4-4 Town of Lynnfield Zoning Bylaws March 1, 2010 4.4 Commercial District Uses In a Commercial District, the following uses are permitted: A.T.M. 04/ 26/99 1. Any of the uses permitted without Board of Appeals authorization in General Business Districts, but not subject to any limitation on floor area therein specified. 2. Commercial farm, kennel, stable, or greenhouse, animal or veterinary hospital, or riding academy. 3. Place of amusement or assembly if conducted within a completely enclosed building including, but not limited to, the amusements listed in subsection 4 below of this “Commercial District Uses” Section. A.T.M. 04/29/74 4. Any of the following open-air amusements: golf driving range, miniature golf course, pony ring, or ice skating rink. 5. Storage, if conducted within a completely enclosed building, or warehouse for, lumber and other building supplies, contractors’ equipment, cotton or wool, livestock feed, fertilizer, food, furniture, hardware, metal, paint, and paint supplies, pipe, rubber, shop supplies, A.T.M. 04/29/74 wood, or any products of manufacturing activities hereinafter listed. 6. Power laundry, dry cleaning or dyeing works, carpet or rug cleaning plant. 7. Research, experimental or testing laboratory as permitted under “Limited Industrial District Uses” Section, subsection 2. A.T.M. 04/29/74 8. Bottling plant for beverages. 9. Plant for light metal fabrication or finishing (excluding heavy punch presses and drop hammers). 10. Plant for manufacturing of electrical or electronic devices, appliances, apparatus or supplies. 11. Plant for manufacturing of medical, dental or drafting instruments, optical goods, watches or other precision instruments. 12. Plant for manufacturing of advertising displays, awnings, or shades, bakery products, beverages (non-alcoholic), brushes, books, candy, clothing, or other textile products, cosmetics, jewelry, ice, leather goods, or toys. 13. Sign, as hereinafter permitted. 14. Accessory use, as hereinafter defined. 4-5 Town of Lynnfield Zoning Bylaws March 1, 2010 4.4.1 Uses Authorized by Board of Appeals If authorized by the Board of Appeals, any other lawful business, service, storage or light manufacturing use or adult use, provided that such use is not dangerous to the neighborhood through fire, explosion, emission of wastes or other cause, and provided further that such use is not likely to create more noise, vibration, dust, heat, smoke, fumes, odor or glare than the minimum amount normally resulting from any of the uses specifically listed hereinbefore. S.T.M. 10/19/9If authorized by the Board of Appeals under the Special Permit Subsection entitled Assisted 10/20/03esidence, an Assisted Living Residence may be allowed in a Commercial District. S.T.M. 4.5 Limited Industrial District Uses In a Limited Industrial District, the following uses are permitted. 1. Any of the uses permitted without Board of Appeals authorization in Single Residence A, B, C and D Districts except dwellings (other than accessory quarters as hereinafter authorized). 2. Laboratory engaged in research, experimental or testing activities (but not including any laboratory the conduct of which is dangerous to the vicinity through fire, explosion, emission of wastes or other causes, or detrimental to adjacent property by reason of noise, vibration, dust, heat, smoke, fumes, odor, glare or other effects observable at the lot lines). 3. Office for administrative, executive or professional purposes. 4. Printing or publishing establishment. 5. Plant for light metal fabrication or finishing (but not including heavy punch presses or drop hammers). 6. Plant for manufacturing of electrical or electronic devices, appliances, apparatus or supplies. 7. Plant for manufacturing of medical, dental or drafting instruments, optical goods, watches or other precision instruments. 8. Plant for manufacturing or advertising displays, awnings or shades, brushes, books, clothing or other textile products, cosmetics, jewelry, ice, leather goods, or toys. 9. Storage warehouse for: lumber and other building supplies, contractor’s equipment, cotton or wool, furniture, hardware, metal, pipe, shop supplies, tobacco, tools, wood, or any products of manufacturing activities specifically listed hereinbefore in this District. 10. Sign, as hereinafter permitted. 11. Accessory use as hereinafter limited and defined. 4-6 Town of Lynnfield Zoning Bylaws March 1, 2010 4.5.1 Uses Authorized by Board of Appeals Any of the following additional uses if authorized by the Board of Appeals. 1. Any other lawful storage or light manufacturing use (including packaging, processing and related uses), provided that such use is not dangerous to the vicinity through fire, explosion, emission of wastes or other causes, and provided further that such use is not likely to create more noise, vibration, dust, heat, smoke, fumes, odor or glare than the minimum amount normally resulting from any of the uses specifically listed hereinbefore as permitted in this District. 2. Planned shopping center provided that the buildings in such center are designed as an architectural unit, that it contains only such uses as are specifically listed hereinbefore as permitted in a General Business District, and that at least fifty (50) per cent of the total floor area is devoted to retail store use (in contradistinction to use as a consumer service establishment, restaurant, office, or amusement). 3. Public utility or communications use, or any governmental use not specifically permitted in this District, provided such use is necessary for the service of the vicinity or requires a location within the District for reasons of space or function. A.T.M. March 12, 1962 4.6 Housing for the Elderly District In a Housing for the Elderly District, no building or land shall be used and no buildings shall be erected or converted except for the purpose of providing elderly housing. S.T.M. March 2, 2009 4.6.1 Uses Authorized by Board of Appeals Any of the uses permitted without Board of Appeals authorization in a Single Residence A District. S.T.M. April 29, 1982 4.7 Office Park District Uses In an Office Park District, the following uses are permitted: 1. Business or professional office building or buildings (excluding retail, wholesale and manufacturing use). A.T.M. April 24 & 27, 1989 2. Sign as hereinafter permitted. A.T.M. April 24 & 27, 1989 3. Accessory use, as hereinafter defined. A.T.M. April 24, 1989 4-7 Town of Lynnfield Zoning Bylaws March 1, 2010 4-8 Town of Lynnfield Zoning Bylaws March 1, 2010 5. ACCESSORY USES An “accessory use”, within the meaning of this bylaw, is either a subordinate use of a building, other structure or tract of land, or a subordinate building or other structure: 1. Whose use is customary in connection with the principal building, other structure or use of land, and 2. Whose use is clearly incidental to the use of the principal building, other structure or use of land, and 3. Which is located on the same lot with the principal building, other structure or use of land, or on a lot adjacent to such lot, if in the same ownership, and 4. Which does not constitute, in effect a conversion of the principal use of the premises to one not permitted. 5.1 Accessory Uses in Residence Districts In Single Residence A, B, C, and D Districts, the following uses are hereby specifically declared to be customary “accessory uses” within the meaning of this bylaw: 1. Private garage space for not more than four (4) automobiles one of which may be a commercial vehicle if not exceeding two and one-half (2 ½) tons in gross weight. S.T.M. 10/18/82 2. Private greenhouse, stable, tool shed, playhouse, family swimming pool, tennis court, basketball court, or other similar building or structure for domestic storage or use. S.T.M. 10/21/91; S.T.M. 10/21/96 3. The keeping of animals, livestock or poultry principally for personal enjoyment or household use. 4. Removal of sod, loam, sand, gravel or other earth products in connection with the construction of a building to be erected on the premises for which a permit has been issued, provided that the amount of such material removed does not exceed the amount contained, before construction, in the particular space to be occupied by the foundation of said building. 5. The regular renting of rooms or the furnishing of table board in a dwelling by prearrangement to not more than five (5) persons. 5-1 Town of Lynnfield Zoning Bylaws March 1, 2010 5.1.1 Home Occupation The use of a room or rooms in a dwelling or building accessory thereto by a person resident on the premises as an office, studio, or workroom for a home occupation provided that: 1. Such use is clearly incidental and secondary to the use of the premises for dwelling purposes, and 2. Not more than one non-professional person other than residents of the premises is regularly employed thereon in connection with such use, A.T.M. 04/29/and 3. No stock in trade is regularly maintained, and 4. No offensive noise, vibration, smoke, dust, odor, heat or glare is produced, and 5. There is no exterior display and no exterior sign, except as hereinafter permitted, and 6. There is no exterior storage of material or equipment (including the exterior parking of commercial vehicles) and no other exterior indication of such use or variation from the residential character of the premises. 5.1.2 Accessory Apartments in Residence Districts 184.108.40.206 Purpose and Intent It is the specific purpose and intent of allowing accessory apartments within one-family properties, except where enforceable deed covenants prohibit the same, in all one-family residence districts to meet the special housing needs of elderly parents of families presently living in the Town of Lynnfield. To help achieve these goals and to promote the other objectives of this ordinance and of the town development plan, specific standards are set forth below for such accessory apartment uses. 220.127.116.11 District Location Accessory apartments may be created only within single-family dwellings, which are located on lots meeting the minimum lot area and width requirements of the applicable zone. 18.104.22.168 Owner Occupancy Requirement The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. The special permit shall be issued to the owner of the property. Should there be a change in ownership, a change in the residence of the owner, or the death of the surviving parent, the special permit use and the certificate of occupancy for the accessory apartment shall become null and void. Within ninety (90) days of the death of the surviving parent or prior to a change in ownership or residence the second kitchen shall be removed and the house shall revert to a single-family status. Should the new owner decide to live in the structure and desire to continue the use of the second dwelling unit, he shall apply to the 5-2 Town of Lynnfield Zoning Bylaws March 1, 2010 Zoning Board of Appeals for a special permit. The owner applicant shall be required to file on the subject property a declaration of covenants prior to the issuance of a special permit for an accessory apartment. This declaration shall be in favor of the Town of Lynnfield and state that: 1. The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the undersigned and the spouse of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as their principal residence. 2. The new owner of the premises shall have to apply to the Zoning Board of Appeals for a special permit to continue the accessory apartment. 22.214.171.124 Yearly Renewal The special permit shall be issued on a year-to-year basis and the Board of Appeals shall not renew any such permit where the need for such accessory use no longer exists. The Board shall require bond or surety to insure that any improvements made shall be removed at the expiration of such special permit, or the sale of premise whichever occurs first. All yearly renewals of a special permit granted under this subsection may, but need not, be granted as an administrative matter by the Board of Appeals without the necessity of public notices or hearings upon receipt by the Board of Appeals of: 1. a report from the Director of the Zoning Enforcement and Inspection that the owner and occupant of the premises are in compliance with all provisions of this subsection and that the need for such accessory use still exists and 2. a renewal of the surety bond referred to in the preceding sentence for the term of the renewed permit. A.T.M. 04/24&27/89 126.96.36.199 Apartment Location An accessory apartment must be located in the principal dwelling provided that such principal dwelling conforms to the other requirements of this ordinance unless a variance therefore shall have been granted by the Zoning Board of Appeals. 188.8.131.52 Apartment Size The minimum floor size for an accessory apartment within a principal dwelling building shall be three hundred (300) square feet but in no case shall it exceed twenty-five percent (25%) of the habitable area of the dwelling in which it is located, unless in the opinion of the Zoning Board of Appeals a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building. 184.108.40.206 Dwelling Size The accessory apartment shall not involve the extension or enlargement of the principal dwelling, except to provide access or egress nor shall it change the single-family characteristics of the dwelling. 5-3 Town of Lynnfield Zoning Bylaws March 1, 2010 220.127.116.11 Limited Units There shall be no more than one (1) accessory apartment for a total of two (2) dwelling units permitted per lot. 18.104.22.168 Approval Applications for accessory apartments shall be subject to approval solely by the Board of Appeals. 22.214.171.124 Required Information Applications need only contain such information to determine compliance with the regulations set forth herein.A.T.M. 10/17/83 5.2 Accessory Uses in Limited Business Districts See “Accessory Uses in General Business Districts” 5.3 Accessory Uses in General Business Districts In a Limited Business and General Business District, permitted accessory uses include: 1. Such industry or light manufacturing (including processing, assembly, and repairs) as is usual in connection with a permitted principal use, provided that it does not occupy an area exceeding fifty (50) percent of the total floor area occupied by the principal use, that the major portion of any products manufactured are to be sold at retail on the premises, and that not more than five (5) operatives are regularly employed in such accessory use. 5.4 Accessory Uses in Commercial Districts Formatting place holder only. 5.5 Accessory Uses in Limited Industrial Districts Formatting place holder only 5.6 Accessory Uses in Housing for the Elderly Districts. In a Housing for the Elderly District permitted accessory uses shall include: 1. One separate building, not exceeding one story in height, to house snow removal and mowing machines, garden and other tools, and other equipment required to maintain and service Housing for the Elderly. Signs shall not be acceptable as an accessory use. 2. One building which may be used as a common building by the residents of the District, which building may include central kitchen and dining facilities providing meals to residents thereof and their guests and may also provide lounge and meeting rooms for the common use of residents and their guests. S.T.M. 04/29/82 3. Private garage parking space for not more than two (2) vehicles per dwelling unit. Such garage space, if accessory to a townhouse-style unit, shall consist of garages attached to the dwelling units to which they are accessory and, if accessory to apartment-style multifamily dwellings, shall consist of a common garage situated beneath the multi-unit 5-4 Town of Lynnfield Zoning Bylaws March 1, 2010 residential building to which it is accessory. The storage of boats, trailers, and motor homes in the Housing for the Elderly District is prohibited. A.T.M. 04/30/07 5.7 Accessory Use in Office Park Districts In an Office Park District, the following uses declared to be “Accessory Uses”, a Day Care Center, Health Club and/or Restaurant designed as to accommodate Office Park use, provided same is not housed in a separate building and further provided, that the business or professional office use is the principal activity conducted on the premises and that said accessory uses shall not comprise more than ten percent of the gross floor area of any building. A.T.M. 04/24&27/89 5-5 Town of Lynnfield Zoning Bylaws March 1, 2010 6. SIGN REGULATIONS 6.1 Signs in Single Residence Districts In a Single Residence A, B, C, and D District, the following exterior signs are permitted: 1. One sign for each dwelling unit on the premises indicating the owner or occupant or pertaining to a permitted home occupation provided that such sign does not exceed 6 inches in width and 24 inches in length. Such sign may be white lighted but shall not be flashing.S.T.M 10/17/94 2. One sign not over 9 square feet in area pertaining only to permitted uses and buildings on the premises as listed in “Single Residential District Uses” Section of the Lynnfield Zoning By-laws but specifically not including number 1, 9, and 10 of that “Single Residential District Uses” Section. A.T.M. 04/29/9Provided that no such sign is located within 20 feet of any exterior way line or lot line. Such sign may be white lighted but shall not be flashing. S.T.M. 10/17/94 3. One temporary unlighted sign not over 9 square feet in area pertaining to the sale or lease of the premises provided that no such sign is located within 10 feet of any exterior way line or lot line. 6.2 Signs in Limited Business Districts In a Limited Business, Limited Industrial and Office Park District, two exterior signs pertaining to permitted buildings, structures and uses existing at the time on the premises is permitted, provided that: A.T.M. 03/9/70 1. One sign attached flat against a wall of the building and fronting on the principal way, a parking space in the rear, or, in the case of a building on a corner lot, on that portion of the side of the wall within fifty (50) feet of the exterior line of the principal way. In no case shall such sign project above the roof line. Such sign may be white lighted but shall not be flashing.S.T.M. 10/17/Such sign may not exceed in total area 2 square feet for each linear foot of store front. In any case, such sign may not exceed 75 square feet. S.T.M. 10/17/94 2. A directory-type sign for identification of the several tenants or occupants in the area may be placed in a prominent place for the benefit of foot vehicular traffic. Each tenant will be allotted for his identification on the sign an area not in excess of 24” horizontally and 6” vertically (144 square inches) and the total area of the sign shall not exceed 10 square feet. Other ornaments may not protrude from the sign more than 4 inches in any direction with the exception of hardware necessary to attach the sign to a post. Such a sign should be in good taste and maybe white lighted indirectly, but may not be lighted by flashing or intermittent lights. Said sign shall be placed in a safe location at the normal entrance to the area in which the tenants or occupants are located and also be located so as not to obstruct the normal vision of traffic. Said sign shall not be 6-1 Town of Lynnfield Zoning Bylaws March 1, 2010 suspended or placed so as to overhang a public or private way and will be no higher at its lower extremity than 3 feet above the ground. Permission for the installation of any directory sign not attached to a building will be in writing from the fee holder of title and accompany any request for a permit or variance. Said request to include a scale drawing of th
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