Weymouth City Zoning Code
ARTICLE XXV
Special Permits
§ 120-122 Rules; application procedure; conditions.
A.
Rules of special permit granting authority; certificate of compliance. The special permit granting authority shall be the Board of Zoning Appeals, the Planning Board or the Board of Selectmen, as specifically provided for in this bylaw. The Board of Zoning Appeals, the Planning Board and the Board of Selectmen shall adopt and from time to time amend rules relative to the issuance of such permits and shall file a copy of said rules with the Town Clerk. The Inspector of Buildings shall not issue a certificate of occupancy until and unless the appropriate special permit granting authority issues a certificate of compliance with the provisions herein provided. All construction, including landscaping, site preparation and other authorized uses of the land, shall be in compliance with an approved special permit and conditions attached thereto unless duly amended by permission from the special permit granting authority.
B.
Application procedure.
(1)
Anyone wishing to apply for a special permit shall file an application with the Town Clerk, and a copy of said application, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the special permit granting authority. Specific application forms shall be provided for in the rules of each special permit granting authority.
(2)
Within 65 days of the receipt of the properly executed application, the appropriate special permit granting authority shall hold a public hearing, for which notice has been given by publication or posting as provided in MGL c. 40A, § 11, and by mailing said notice to all parties of interest.
(3)
Within 90 days following a public hearing or hearings, the special permit granting authority shall take final action on the application. The required time limits for a public hearing and said action may be extended by written agreement between the petitioner and the special permit granting authority. Failure to take final action shall be deemed to be a grant of the special permit applied for.
(4)
Special permits can only be granted by a two-thirds vote of the Planning Board, a vote of at least four members of the Board of Selectmen or a vote of at least four members of the Board of Zoning Appeals.
(5)
Any application for a special permit before the special permit granting authority, other than the Board of Zoning Appeals, shall be accompanied by a filing fee in accordance with the fee schedule established under the rules and regulations of the special permit granting authority and as approved by the Board of Selectmen, if such action is required.
C.
Special permit conditions. In approving a special permit, the special permit granting authority shall be authorized to attach such conditions and safeguards as are deemed necessary and appropriate to protect the neighborhood and the Town of Weymouth. These may include but not necessarily be limited to the following:
(1)
Requirement of front, side or rear yards greater than the minimum required by this bylaw.
(2)
Requirements of screening of parking areas or other parts of the premises or from the streets by walls, fences, planting or other devices, as specified by the special permit granting authority.
(3)
Limitation of size, number of occupants, method or time of operation or extent of facilities.
(4)
Regulation of number, design and location of access drives or other traffic features.
(5)
Requirements of off-street parking or other special features beyond the minimum required by this or other applicable bylaws, codes or regulations.
D.
Criteria for approval by special permit granting authorities. The special permit granting authority may approve any such application for a special permit only if it finds that, in its judgment, all of the following conditions are met:
(1)
The specific site is an appropriate location for such a use.
(2)
The use involved will not be detrimental to the established or future character of the neighborhood or Town.
(3)
There will be no nuisance or serious hazard to vehicles or pedestrians.
(4)
Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
(5)
The public convenience and welfare will be substantially served.