Weymouth City Zoning Code
ARTICLE XXI
Supplementary Regulations
§ 120-98 Exterior lighting.
Exterior lighting shall be shielded or reflected so that the light source is not visible from any residential district. Exterior lighting, the source of which would be visible from any public street, shall have its source reflected or retracted so as to direct and distribute the light to minimize glare.
§ 120-99 Vehicles, improper storage.
[Added May 1999 ATM by Art. 20, approved 8-19-1999]
No person in charge or control of any property in the Town, whether an owner, occupant, lessee or otherwise, shall allow any partially dismantled, wrecked, junked, nonoperative or discarded vehicle to remain on such property longer than 30 days after written notice to the owner has been given by the Town of Weymouth, except:
A.
A vehicle which is in an enclosed building or in an area unexposed to the view of the public or any abutter.
B.
Any vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise.
C.
A vehicle in an appropriate storage place or depository maintained by the Town or with the consent of the Town.
§ 120-100 Obstructions to air navigation prohibited.
No structure shall be erected or altered nor any tree permitted to grow which would create a hazard to air navigation. In determining whether such a hazard exists, the Inspector of Buildings or the Board of Zoning Appeals, as the case may be, shall have reference to, but not exclusively, criteria used by the South Weymouth Naval Air Station and/or Massachusetts Aeronautics Commission; nor shall any use be permitted which creates electrical interference with radio aids or communications between the air station and aircraft, making it difficult for pilots to distinguish between air station light and others. Permits for high structures may require the applicant, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of any airport hazard.
§ 120-101 Service stations, repair garages and car washes.
[Amended May 1989 ATM by Art. 47, approved 7-28-1989]
Any service station, repair garage or car wash in any district to be approved by the Board of Selectmen shall conform at least to the following regulations. When the intensity regulations for any district in which a service station is located are more restrictive than the regulations contained hereinafter, all service stations or repair garages shall conform to the more restrictive dimensional requirements.
A.
Frontage and area. Every service station or car wash shall have a minimum frontage of 150 feet and a minimum area of 20,000 square feet.
B.
Setbacks. Every structure erected for use as a service station or car wash shall have a minimum setback from the street line of 40 feet and a minimum setback from all property lines of 10 feet. Pump islands shall be permitted in front yards and set back a minimum of 15 feet from all property lines.
C.
All vehicle service areas shall be constructed to conform to the following standards:
(1)
Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper or wheel guards or traffic islands.
(2)
The entire area used for vehicle service shall be paved, except for such unpaved area as is landscaped and protected from vehicle use by a low barrier.
(3)
Hydraulic hoist, lubrication, greasing, washing, and repair equipment shall be entirely enclosed within a building. Tire and battery service and minor automobile repair, excluding automobile body repair and painting, may be carried on within the premises. No open pits will be permitted.
(4)
The minimum widths of all driveways at the sidewalk shall be 30 feet.
(5)
The distance of any driveway from any residential property line shall be at least 20 feet and in no case less than 10 feet.
(6)
A wall or evergreen screening or tight fence five feet high shall be erected along all property lines abutting a residential use.
§ 120-102 Concealing of storage areas.
All parking and outdoor storage areas of facilities for fuel, materials and products shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than five feet high to conceal such areas or facilities.
§ 120-102.1 Screening of dumpsters.
[Added 4-2-2018 by Ord. No. 17-127]
All dumpsters must be screened with opaque fencing on all sides and accessed by a closable, secured gate.
§ 120-103 Swimming pools.
A private swimming pool is hereby declared to be an accessory use in a residential district and shall conform to the appropriate side, front and rear yard requirements of the particular residential district in which it is located; provided, however, that any filter and pump shall be located not less than 15 feet from the side yard line. Pools shall be surrounded by a permanent enclosure not less than four feet in height.
§ 120-104 Temporary uses.
A temporary building or yard for construction materials and/or equipment and a temporary office, if in connection with and incidental and necessary to a real estate development, shall be permitted in any district, provided that any building permit issued for any such use shall be valid for not more than six months and may not be extended more than three consecutive times.
§ 120-105 Trailers.
No person shall occupy a trailer for living or business purposes except as a permitted temporary use under § 120-104 incidental to construction on or development of the premises on which the trailer is located.
§ 120-106 Self-service gasoline stations prohibited.
[Added January 1977 STM by Art. 1, approved 4-26-1977]
No self-service gas stations shall be permitted in the Town of Weymouth.
§ 120-106.1 Wind energy conversion systems.
[Added June 1982 STM by Art. 5, approved 11-9-1982]
A.
Intent. The purpose of this section is to protect the health and safety of occupants, individuals on abutting property and the general public; and to reduce adverse environmental effects by regulating the siting of wind energy conversion systems.
B. WIND ENERGY CONVERSION SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated:
A machine which removes energy from the wind and converts it to mechanical or electrical energy.
C.
Special permit required. Wind energy conversion systems may be allowed as an accessory use in all zoning districts as a special permit granted by the Board of Zoning Appeals, subject to the conditions and requirements of this section (§ 120-106.1) and to the conditions and requirements of Article XXV.
D.
Plan criteria. The special permit granting authority may require such information, data and testing to be performed at the applicant's expense in order to achieve a finding of compliance with the intent and standards. At a minimum, the following information shall be submitted with each special permit and site plan review application for a wind conversion system:
(1)
A plan of land showing:
(a)
Property lines.
(b)
Proposed location of tower on site.
(c)
Location of all existing structures and aboveground utility lines within a radius equal to the height of the tower.
(d)
Location of major features of the land, including: trees, outcroppings, walls and all topographical changes over 20 feet in height within a radius of 300 feet of the proposed tower site.
(2)
An environmental assessment relative to the machine design, function and maintenance in relation to the terrain characteristics, wind turbulence, wind shear, lightning, salt spray and other hazards which the special permit granting authority deems necessary for a proper and safe operating wind energy conversion system.
E.
Standards for wind energy conversion systems. The following criteria shall apply to all wind energy conversion systems.
(1)
Access to the tower shall be limited by a permanent enclosure not less than six feet in height with a locking portal or by removing climbing apparatus on the tower to a height of 12 feet.
(2)
Specifications shall be submitted with all applications documenting that the system will not produce interference with television reception within 300 feet.
(3)
Specifications shall be submitted with all applications documenting that the noise levels produced by wind energy conversion systems will not exceed ambient noise levels by more than five dB(A) when measured at a point along the property line closest to the tower.
(4)
Energy produced shall be primarily for use of the occupants of the property.
(5)
Tower height, where applicable, shall conform to federal aviation regulations.
(6)
Specifications shall be submitted which document that wind energy conversion systems do not produce any low-frequency sounds or vibrations affecting people. Maintenance requirements necessary to prevent such sounds shall also be detailed.
(7)
Redundant overspeed controls shall be required.
F.
Special permit conditions. In granting a special permit for a wind energy conversion system, the special permit granting authority shall have the power to impose additional standards, such as height and setback requirements, as it deems necessary to ensure compliance with the intent of this bylaw.
§ 120-106.2 Wireless communication equipment.
[Added November 1997 STM by Art. 36, approved 2-26-1998]
A.
Purpose. The purpose of this bylaw includes minimizing adverse impacts of wireless communication facilities, satellite dishes and antennas on adjacent properties and residential neighborhoods; minimizing the overall number and height of such facilities; and promoting shared use of existing facilities to reduce the need for new facilities.
B.
Wireless communication equipment, as defined in § 120-6, shall be permitted in the following districts as noted below, unless specifically prohibited:
(1)
Wireless communication, freestanding structure, as a special permit from the Board of Zoning Appeals in Districts I-1, I-2, PIP, POP and POS.
(2)
Wireless communication, building-mounted equipment, as an accessory use by site plan review in Districts R-3, R-4, B-1, B-2, HT, MS, I-1, I-2, PIP, POP and POS.
(3)
Wireless communication, indoor equipment, as an accessory use permitted in Districts R-3, R-4, B-1, B-2, HT, MS, I-1, I-2, PIP, POP and POS.
(4)
Wireless communication, accessory equipment, as an accessory use by site plan review in Districts R-3, R-4, B-1, B-2, HT, MS, I-1, I-2, PIP, POP and POS.
C.
The following information shall be supplemental to normal application criteria and submitted with each special permit and site plan review application for wireless communication equipment:
(1)
A locus plan at a scale of one inch equals 200 feet which shall show all property lines, the exact location of the proposed structures, streets, landscape features, residential dwellings and all buildings within 300 feet of the facility.
(2)
A color photograph or rendition of the proposed monopole with its antenna and/or panels. For satellite dishes or residential antennas, a color photograph or rendition illustrating the dish at the proposed location is required. A rendition shall also be prepared illustrating a view of the monopole dish or antenna from the nearest street or streets.
(3)
The following information prepared by one or more professional engineers:
(a)
A description of the monopole and the technical, economic and other reasons for the proposed location, height and design.
(b)
Confirmation that the monopole complies with all applicable federal and state standards.
(c)
A description of the capacity of the monopole, including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations.
(4)
A signed affidavit by the applicant that the proposed facility complies with, or is exempt from, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
(5)
A signed affidavit by the applicant listing all wireless communication equipment within a one-half-mile radius and the availability of space at each location.
D.
The following general requirements shall apply to all wireless communication equipment:
(1)
No wireless communication facility, which shall include monopoles, satellite dishes over three feet in diameter or antennas, shall be erected or installed except in compliance with the provisions of § 120-106.2B.
(2)
Any proposed extension in the height or the replacement of a facility shall be subject to a new application for a site plan review or special permit, as applicable in § 120-106.2B.
(3)
The Inspector of Buildings shall review petitions for the addition of cells, antennas or panels to any lawfully permitted existing wireless communication monopole or tower and shall allow such without a new hearing, provided that such additions comply with the intent and criteria of § 120-106.2 and the conditions of approval of the special permit.
(4)
Only freestanding monopoles, with associated antennas and/or panels, are allowed. Lattice-style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.
(5)
Wireless communication monopoles and associated facilities shall be suitably screened from abutters and residential neighborhoods.
(6)
Structures shall be removed within one year of cessation of use. If applicable, annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute and required maintenance shall be filed with the Inspector of Buildings by the special permit holder.
E.
The following design criteria shall be used when preparing plans for the siting and construction of all wireless communication facilities:
(1)
All monopoles shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use. All monopoles shall be set back from R-1, R-2 and NCD Zoning District boundaries by a distance at least equal to two times the height of the monopole. No monopole shall be placed closer than 500 feet to another freestanding wireless communication structure.
(2)
No monopole or attached accessory antenna on a monopole shall exceed 120 feet in height as measured from natural ground level at the base of the pole. No monopole shall be constructed which requires guy wires. Monopoles shall not be located on buildings. Any monopole in excess of that permitted in Table 1, Schedule of District Regulations, included as an attachment to this chapter, will require a variance from the Board of Zoning Appeals.
(3)
Antennas, dishes and all other equipment located on any structure shall not exceed 10 feet above the height of the building, as defined in § 120-6.
(4)
All wireless communication facilities shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of the Town shall be as limited as possible. All monopoles and dishes shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. A different coloring scheme shall be used to blend the structure with the landscape below and above the tree or building line.
(5)
Satellite dishes and/or antennas shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Freestanding dishes or antennas shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
(6)
Wireless communication facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities that will be required to be located within the Town.
(7)
Fencing shall be provided to control access to freestanding wireless communication facilities and shall be compatible with the scenic character of the Town and shall not be of razor wire.
(8)
All freestanding wireless communication structures shall have no signs except for directional signs, "no trespassing" signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with Article XVI, Signs, of the Zoning Bylaw.
(9)
Night lighting of towers shall be prohibited.
(10)
There shall be a minimum of one parking space for each facility.
F.
The following types of wireless communication towers and equipment are exempt from the provisions of this section:
(1)
Amateur radio tower. An "amateur radio tower" is defined as a tower used solely in accordance with the terms of an amateur radio service license(s) issued by the Federal Communications Commission (FCC) to members of the family residing on the premises and not used or licensed for any commercial purpose.
(2)
Installation of any antenna, panels or similar equipment on a lawfully permitted freestanding wireless communication tower, provided that all such additional equipment conforms to the conditions of the existing permit.
(3)
A tower erected to serve communication between farm vehicles and/or farm units incidental to use of land for farming. Except for amateur radio use as permitted in § 120-106.2F(1), the use of such a tower under this exception may not be combined with any other use.
(4)
A tower or antenna erected by the Town of Weymouth for municipal public safety communication purposes.
§ 120-106.3 Solar energy facilities.
[Added 10-19-2015 by Ord. No. 15-106]
A.
Purpose. The purpose is to protect the health and safety of occupants, individuals on abutting property and the general public; and to reduce adverse environmental effects by regulating the siting of solar installations.
B. LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONS SMALL GROUND-MOUNTED OR ROOF-MOUNTED SOLAR ARRAYS
Definitions. As used in this section, the following terms shall have the meanings indicated:
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC and whose primary function is as a commercial venture.
A solar installation with the primary function of providing solar to an existing structure on the same property.
C.
Solar installations, as defined in § 120-106.3, shall be permitted in the following districts as noted below, unless specifically prohibited:
(1)
Small ground-mounted or roof-mounted solar arrays shall be considered an accessory use and permitted by right as follows:
(a)
Roof-mounted solar arrays will be permitted by right in all districts.
(b)
Small ground-mounted solar arrays will be permitted by right in all districts with the exception of the Highway Transitional (HT) district. Installation may not exceed 10 feet in height and must not substantially increase the amount of impervious surfaces on site. Screening by berms, shrubs, trees or fencing shall be implemented to visually shield abutters from the small ground-mounted installations and will be subject to review by the Inspector of Buildings.
D.
Plan requirements. When seeking site plan approval, the following documents will be required in addition to the appropriate application.
(1)
A site plan showing:
(a)
Property lines and physical features, including roads, for the project site;
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
(c)
Blueprints or drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;
(d)
One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
(e)
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
(f)
Name, address, and contact information for proposed system installer as well as the responsible licensed electrician. Installation personnel will be subject to all requirements, including master/apprentice ratios, as set forth in MGL c. 141. Adherence to these regulations will be monitored and enforced by the Inspector of Buildings;
(g)
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.
(2)
Documentation of actual or prospective access and control of the project site.
(3)
At the discretion of the Office of Planning and Community Development and/or the Building Department, a traffic impact assessment may be required for any large-scale ground-mounted installation to ensure that the project does not adversely impact sight lines or pose any danger to drivers from resulting reflections or glare.
(4)
An operation and maintenance plan.
(5)
Zoning district designation for the parcel(s) of land comprising the project site [submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose];
E.
Emergency services. The large-scale photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. As per the Massachusetts Comprehensive Fire Safety Code (527 CMR), signage will be required for all solar installations detailing specific electrical details of the installation as well as shutoff instructions.
F.
Abandonment or decommissioning.
(1)
Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned as defined below shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with the local, state and federal waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize erosion.
(2)
Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Building Inspector. If the owner or operator fails to remove the installation in accordance with the guidelines set forth in this ordinance within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
G.
Financial surety. Prior to commencing operation of the solar energy facility, the applicant shall provide a form of surety, either through escrow account, bond or otherwise, in an amount determined by the Planning Board to cover 125% of the cost of removal and site restoration. The applicant shall submit a fully inclusive estimate of the costs associated with removal, which shall be subject to review and approval by a qualified engineer retained by the Planning Board at the applicant's expense. The amount shall be increased annually to cover inflation, based on increases in the Consumer Price Index. The amount of the surety shall be reviewed every two years to determine whether it is still adequate or whether it shall be increased to satisfy increased cost estimates. Such surety shall not be required for municipal facilities owned and operated by the Town.
§ 120-106.4 Regulation of commercial marijuana.
[Added 3-19-2018 by Ord. No. 18-002, as corrected 8-10-2020 by Ord. No. 20-091]
Consistent with MGL c. 94G, § 3(a)(2)(i), all types of non-medical "marijuana establishments" as defined in MGL c. 94G, § `1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana related businesses, shall be prohibited in all zoning districts.