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.
[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.
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.
[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.
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.
[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.
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.
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.
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.
[Added January 1977 STM by Art. 1, approved 4-26-1977]
No self-service gas stations shall be permitted in the Town
of Weymouth.
[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.
[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.
[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.
[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.
