Words used in the present include the future; the singular includes
the plural and the plural the singular. The word "used" includes "designed,
intended or arranged to be used." The word "shall" is mandatory; the
word "may" is permissive; the word "lot" includes the word "plot";
the word "land" includes the words "marsh" and "water." The following
terms, for the purpose of this bylaw, are defined below.
In this bylaw, the following terms and words, unless a contrary
meaning is specifically prescribed, shall have the following meanings:
A subordinate building, the use of which is customarily incidental
to that of a principal building and the principal use of the lot.
An office of a business located within the principal building
of the premises of a resident conducting a business, such as consulting,
marketing, mail order, data processing, an office for any service
business person or any trades person and other similar office, but
not including any storage of product or materials for resale, stock
of materials for use in a service business, open lot storage, dispatching
or repair service of any kind.
[Added May 1999 ATM by Art. 19, approved 8-19-1999]
The subordinate use of a building or premises for a purpose
customarily incidental to a main or principal use permitted in the
district in which it is located.
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines, videos and other
matter which are distinguished or characterized by their emphasis
depicting, describing or relating to sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
[Added June 1994 STM by Art. 5, approved 8-25-1994]
An establishment which, as a form of entertainment, allows
a person or persons to perform in a state of nudity, as defined in
MGL c. 272, § 31, or allows a person or persons to work
in a state of nudity, as defined in MGL c. 272, § 31.
[Added May 1996 ATM by Art. 54, approved 9-9-1996]
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
[Added June 1994 STM by Art. 5, approved 8-25-1994]
Any public space or narrow thoroughfare 20 feet or less,
but not less than 12 feet, in width, which has been dedicated or deeded
to the public for public travel and which affords secondary access
to abutting property.
A change in or addition to a building which modifies its
location, plan, manner of construction or the kind of materials used,
or in any way varies the character of its use.
See "dwelling unit."
A building containing four or more apartments which do not
have kitchens, primarily for persons who have their residence therein.
See "dwelling, multiple."
Connected to or united with.
The space between the ceiling beams of the top habitable
story and the roof rafters.
A story of a building or structure having 1/2 or more of
its clear height below grade.
A structure, either freestanding or affixed to a building,
the surface of which is for hire for advertising purposes.
A structure forming a shelter for persons, animals or property
and having a roof, exclusive, however, of such frameworks and tents
as are customarily used exclusively for outdoor carnivals, lawn parties
or like activities. When the content allows, the word "building" shall
be construed as though followed by the words "or part thereof."
The line established by law parallel to the street line beyond
which a building shall not extend, except as specifically provided
by law.
The transacting or carrying on of a trade or commercial enterprise,
with a view to profit or for a livelihood.
A lot bounded on two or more sides by intersecting streets
or ways.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
Occupations customarily conducted entirely within a dwelling
unit, such as custom dressmaking, millinery, tailoring, fabric sewing,
home cooking and preservation and similar domestic crafts, but not
including barbershops, beauty parlors, hairdressers, dance studios,
schools and repair services of any kind.
A restaurant which has a primary function of window or curb
service.
A private way for vehicles to move between the frontage and
a location within a lot, provided that a driveway shall not be used
to connect a lot through any portion of another lot.
[Amended May 1985 ATM by Art. 44, approved 7-25-1985]
A house containing two apartments adjoining side by side,
that is, one in which no part of one apartment is over any part of
another apartment. A duplex house shall be considered as one main
building occupying one lot for the purpose of determining yard requirements.
A building or portion thereof used exclusively for residential
occupancy, including one-family, two-family and multifamily dwellings,
but not including hotels, motels, lodging houses, boardinghouses or
touring homes.
A building or portion thereof used for occupancy by three
or more families living independently.
A detached building containing one dwelling unit.
A detached building containing two dwelling units.
A room or suite of rooms used by one family as a habitation
which is separate from other rooms or suites of rooms and which contains
cooking and sanitation facilities.
Includes sod, topsoil, loam, sand, stone and gravel taken
from the land.
The erection, construction, alteration or maintenance by
public utilities or municipal departments or commissions of underground
or overhead electrical, gas, steam or water transmission or distribution
systems; collection, communication, supply or disposal systems, including
essential physical construction, equipment and accessories in connection
therewith, but not including buildings.
A person or group of persons of immediate kindred who live
together as a single housekeeping unit under one head.
The sum of the gross horizontal areas of the several floors
of the building measured from exterior faces of walls, including enclosed
porches.
The fixed relation between the lot area and the floor area
of all multiple-family residential buildings, excluding the floor
area of garages, carports, breezeways, stairways, hallways and balconies
and excluding the area of any floor more than four feet below average
grade where no part of such basement is used for sleeping rooms or
other living quarters, and expressed as a fraction of floor area/lot
area.
[Added June 1976 STM by Art. 25, approved 10-18-1976]
The lot line separating a lot from a street layout line providing
vehicular access and egress between the lot and the street.
[Added May 1985 ATM by Art. 44, approved 7-25-1985]
The horizontal distance parallel to the front lot line or,
in the case of a curved or irregular lot line, a line parallel to
a straight line drawn between the front lot corners, measured between
the side lot lines starting at the front lot line and extending to
the minimum lot width at the building line.
[Added May 1997 ATM by Art. 42, approved 8-11-1997]
A place of business duly licensed by law for preparing the
dead for burial and/or conducting funerals.
A building or part thereof, accessory to a principal building,
providing storage for automobiles and in which no business or occupation
for profit is carried on.
A building, other than a private garage, available to the
public and operated for gain and which is used for the storage of
motor vehicles.
[Added May 1989 ATM by Art. 47, approved 7-28-1989[1]]
A building, other than a private garage, available to the
public and operated for gain and which is used for the repair, rental,
lubrication, washing, servicing, adjusting or equipping of motor vehicles.
[Added May 1989 ATM by Art. 47, approved 7-28-1989]
With reference to a building or structure, the average elevation
of the ground adjoining the building or structure on all sides.
A lot or parcel of land or portion thereof which is used
for the primary or principal purpose of extracting stone, sand, gravel
or other earth materials.
The total area of all floors of a building, including the
basement and mezzanines, measured to the exterior walls thereof, and
including partitions, stair halls, corridors and covered porches.
Any story which is under a pitched roof, where the point
of intersection of the rafters and the face of the wall is less than
three feet above the floor level.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual or potential hazard to
water supplies or other hazards to human health if such substance
or mixture were discharged to land or water in the Town of Weymouth.
Hazardous materials include, without limitation: synthetic organic
chemicals; petroleum products; heavy metals; radioactive or infectious
wastes; acids and alkalis; solvents and thinners in quantities greater
than normal household use; and all substances defined as hazardous
or toxic under MGL c. 21C and c. 21E and 310 CMR 30.00.
[Added 2-2-2004 by Ord.
No. 04-041]
Any facility as defined in Chapter 21D of the General Laws
of the Commonwealth of Massachusetts.
[Added 2-2-2004 by Ord.
No. 04-041]
The vertical distance of the highest point of the roof above
the mean finished grade of the ground adjoining the building, excluding
penthouses, bulkheads and other permitted superstructures above the
roof.
A duly licensed institution established or maintained for
the purpose of caring for persons admitted thereto for diagnosis,
medical, surgical or restorative treatment.
[Added May 1990 STM by Art. 3, approved 8-29-1990]
A building used for the more or less temporary occupancy
of individuals who are lodged with or without meals, having 10 or
more guest rooms, in which no provision is made for cooking in any
individual room or suite.
Material or a structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
[Added 2-2-2004 by Ord.
No. 04-041]
Articles such as old iron (including old abandoned cars or
parts), brass, copper, tin, lead or other base metals, cordage, old
bags, rags, wastepaper, paper clippings, scraps, slips, rubber, glass,
empty bottles, empty cans and all other articles discarded and no
longer used as a manufactured article, composed of any one or more
of the materials mentioned, but which may be converted into another
product by means of a manufacturing process of any kind.
One pack or collection of dogs on a single premises, whether
maintained for breeding, boarding, sales, training, hunting or other
purposes, and including any shop where dogs are on sale and also including
every pack or collection of more than three dogs three months old
or over owned or kept by a person on a single premises, irrespective
of the purpose for which they are maintained.
An area designed and developed, using a combination of trees,
shrubs, ground covers, grass and other elements, such as natural features
of the lot, walks and terraces, for the purpose of enhancing the natural,
scenic and aesthetic qualities of the lot.
[Added May 1992 ATM by Art. 35, approved 10-1-1992]
A house where lodgings are let to four or more persons not
within the second degree of kindred of the person conducting it, but
not including dormitories of charitable, educational or philanthropic
institutions.
[Added October 1982 STM by Art. 3, approved 1-11-1983]
A parcel of land in single, joint or multiple ownership,
whether or not plotted, and not divided by a public street.
The horizontal area of the lot exclusive of any area in a
public or private way open to public use and exclusive of any freshwater
area more than 10 feet from the shoreline and exclusive of any saltwater
area below the mean high-tide line.
The fixed relation between the lot area and the area of ground
coverage of all buildings, including accessory buildings, and expressed
as a percentage.
[Added May 1989 ATM by Art. 53, approved 7-28-1989]
The division line between adjoining properties or a division
line between lots established by a plan filed in the Registry of Deeds
or Land Court.
All lines separating any lot from the street layout lines.
[Amended May 1989 ATM by Art. 53, approved 7-28-1989]
A lot line which is opposite and most distant from the front
lot line; in the case of a triangular or irregular lot, a line 10
feet long within the lot, parallel to and farthest from the front
lot line. In the case of a corner lot, the rear lot line shall be
the line opposite the street line of the street on which the principal
building faces.
Any lot line not a front or rear lot line.[2]
The horizontal distance parallel to the front lot line or,
in the case of a curved or irregular lot line, a line parallel to
a straight line drawn between the front lot corners, measured between
the side lot lines at the building line.
[Amended May 1989 ATM by Art. 53, approved 7-28-1989]
A dock or basin providing secure moorings for boats and yachts.
A facility performing tests, analysis or procedures of a
diagnostic, medical, surgical or restorative health related nature.
[Added May 1990 STM by Art. 3, approved 8-29-1990]
The offices of one or more medical or dental professionals
providing medical or allied care on an ambulatory basis.
[Added May 1990 STM by Art. 3, approved 8-29-1990]
A hotel primarily for transients traveling by automobile,
with a parking space on the lot for each lodging and with separate
access to each lodging directly from the outside or from a central
corridor.
A use of a building, structure or lot lawfully existing at
the effective date of this bylaw, or any subsequent amendment thereto,
which does not conform to one or more provisions of the bylaw.
[Amended June 1978 STM by Art. 3, approved 11-2-1978]
Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary
sewerage, including, but not limited to, activities specified in the
Standard Industrial Classification (SIC) Codes set forth in 310 CMR
15.004(6).
[Added 2-2-2004 by Ord.
No. 04-041]
Use or occupancy, character of use or designed purpose of
a building, structure or land.
Accommodations off the street for loading and unloading of
trucks, in the form of one or more truck berths located within a building
or in an open space on the same lot.
Accommodations for the parking of motor vehicles off the
street.
Any ambulatory medical, surgical, dental, physical rehabilitation
or mental health facility.
[Added May 1990 STM by Art. 3, approved 8-29-1990]
An area within a structure or in the open on a lot to be
used exclusively as a temporary storage space for one motor vehicle.
A form of development which is usually characterized by a
unified site design for a number of housing units, clustering of buildings,
providing for common open space and a mix of building types and land
uses.
[Added June 1978 STM by Art. 2, approved 11-2-1978]
The main or most important building on a lot. Attached structures
such as garages, greenhouses and similar units shall be considered
as an integral part of the principal building.
A person employed in the practice of engineering as defined
in MGL c. 112, § 81D, and amendments thereto.
An office or studio located within the principal building
of the premises of a resident, architect, artist, author, attorney,
clergyman, dentist, engineer, physician or other member of a recognized
profession.
Boats and boat trailers, travel trailers, pickup campers
or coaches, motorized dwellings, tent trailers and similar devices.
A building or structure used for a medical marijuana treatment
center approved and licensed by the Massachusetts Department of Public
Health pursuant to 105 CMR 725.100 and the local Board of Licensing
Commissioners that acquires, cultivates, possesses, processes (including
development of related products such as marijuana-infused products,
tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing
marijuana, related supplies, or educational materials to registered
qualifying patients or their personal caregivers. Unless otherwise
specified, "RMD" refers to the site(s) of dispensing, cultivation,
and preparation of marijuana.
[Added 7-14-2014 by Ord.
No. 14-078]
An establishment for the recuperation or treatment of invalid
or convalescent persons.
That type of gas station wherein the licensed motor vehicle
operator dispenses his own motor fuel.
[Added January 1977 STM by Art. 1, approved 4-26-1977]
Any enterprise conducted for profit which deals directly
with and is accessible to the ultimate customer or patron and which
has for its principal purpose the performance of any act for the convenience,
service or benefit of such customer or patron.
A building, other than a private garage, available to the
public and operated for gain, which supplies fuel, oil and automobile
accessories to motor vehicles and which may include grease racks or
elevators and which may provide minor automobile repair services,
excluding body work and painting.
The minimum required distance between the street line on
which the principal building faces and the parts of said building
nearest to such street line, such distance extending the entire width
or distance across the lot.
Includes a structure, device, letter, word, model, banner,
pennant, insignia, trade flag or representation used as, or which
is in the nature of, an advertisement, announcement or direction.
For a sign, either freestanding or attached, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with the background, whether open or enclosed,
on which they are displayed, but not including any supporting framework
and bracing which are incidental to the display itself.
For a sign painted upon or applied to a building, the area shall
be considered to include all lettering, wording, accompanying designs
or symbols, together with any background of a different color than
the natural color of the building.
A building in which any hoofed animals are kept for private
use, hire, remuneration or sale.
An accessory building where not more than two hoofed animals
are kept for private use and not for hire, remuneration or sale.
That part of a building between any floor and the floor or
roof next above, except that a space used exclusively for the housing
or mechanical services of the building shall not be considered to
be a "story" if access to such space may be had only for maintenance
of such services.
The lowest story of which 65% or more of the height is above
the mean grade from which the height of the building is measured.
A way, whether public or private, used or dedicated for use
for all purposes of passage, and including streets, avenues, boulevards,
parkways, roads, alleys, lanes and viaducts; provided, however, that
the way is either in actual use or is shown on a plan endorsed under
the Subdivision Control Law. See MGL c. 41, § 81K et seq.
[Amended June 1978 STM by Art. 2, approved 11-2-1978; 6-20-2016 by Ord. No. 16-095]
The line separating the street layout line from a lot.
A combination of materials assembled at a fixed location
that is safe and stable to give support or shelter, such as a building,
bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent,
stadium, reviewing stand, swimming pool, platform, bin, fence, sign,
flagpole or the like. The word "structure" shall be construed, where
the context allows, as though followed by the words "or part thereof."
Any constructed pool which is used, is designed for use as
or is intended to be used as a swimming pool, so-called, and which
has a minimum capacity of 5,000 gallons and a minimum depth of 36
inches.
An automobile trailer, mobile home, trailer coach and any
portable structure or vehicle so constructed and designed as to permit
occupancy thereof for dwelling or sleeping purposes, to include any
of the above units with a foundation thereunder.
A parking space for two or more trailers used as dwellings
and licensed by the Board of Health under the General Laws.
Any and all devices, processes and properties, real or personal,
used in the collection, pumping, transmission, storage, treatment,
disposal, recycling, reclamation, or reuse of waterborne pollutants,
but not including any works receiving a hazardous waste from off the
site of the works for the purpose of treatment, storage or disposal.
[Added 2-2-2004 by Ord.
No. 04-041]
Land not considered a wetland as defined in MGL c. 131, § 40,
the Wetlands Protection Act, including but not limited to oceans,
ponds, streams, bogs, wet meadows and swamps.
[Added May 1998 ATM by Art. 43, approved 10-23-1998]
As a verb, shall be construed as if followed by the words
"or is intended, arranged, designed, built, altered, converted, rented
or leased to be used."
Wireless communication equipment, including but not necessarily
limited to any equipment, antenna, satellite dishes over three feet
in diameter, panel, fixtures and protective covering located on the
same lot with and customary and incidental to a permitted as of right,
by special permit, by variance or as a preexisting nonconforming use.
[Added November 1997 STM by Art. 36, approved 2-26-1998]
Wireless communication equipment mounted on a building, including
but not necessarily limited to any equipment, antenna, satellite dishes
over three feet in diameter, panel, fixtures and protective covering
mounted on, erected or supported in whole or in part by an existing
building or structure, including but not necessarily limited to buildings,
smokestacks and the like, occupied and/or used primarily for any other
purpose, excluding water towers.
[Added November 1997 STM by Art. 36, approved 2-26-1998]
Wireless communication structures including satellite dishes
over three feet in diameter, monopoles, lattice towers or any other
similar freestanding structure.
[Added November 1997 STM by Art. 36, approved 2-26-1998]
Indoor wireless communication equipment, including but not
necessarily limited to any equipment, antenna, panel, fixtures and
protective covering mounted inside or supported within an existing
building or structure, including but not necessarily limited to buildings,
cupolas, church spires, inactive smokestacks and the like, occupied
and/or used primarily for any other purpose.
[Added November 1997 STM by Art. 36, approved 2-26-1998]
An open space extending across the full width of the lot
and lying between the front lot line and the nearest point of the
building.
An open space extending across the full width of the lot
and lying between the rear lot line and the parts of the principal
building nearest such rear lot line.
An open space within the lot, between the side lot line and
the parts of the principal building nearest such side lot line, and
extending from the front yard line to the rear yard line. In the case
of a corner lot, the side yard facing a street or way shall be the
space required for the front yard.
