Town of Weymouth, MA General Provisions

This regulation shall be known and may be cited as the "Weymouth Zoning Ordinance."

This ordinance is a transition of the Weymouth Zoning Bylaw. By way of transition, the following interpretations shall be made:

Wherever the word "bylaw" appears, it shall mean "ordinance."

All effective dates under the Zoning Bylaw shall be applicable to the Zoning Ordinance.

Zoning adopted September 1969 Special Town Meeting by Articles 4 and 5, approved by the Attorney General January 21, 1970. Amendments are noted in the ordinance where applicable.

The Board of Zoning Appeals shall be the special permit granting authority, and all sections referring to the Board of Selectmen and Planning Board as the special permit granting authority shall mean the Board of Zoning Appeals.

All references to a board or commission that has been changed by the Weymouth Home Rule Charter shall mean the appropriate agency as established under the Charter. Any interpretation as to Town agency applicability shall be the made by the Inspector of Buildings.

Copies of special permit legal notices and applications shall be distributed to all Councilors. The Town Council may, after review of the application at a regular meeting with citizen input, submit comments and recommendations to the Board of Zoning Appeals for the public hearing.

§ 120-2 Purpose.

[Amended October 1975 STM by Art. 18, approved 1-26-1976; June 1978 STM by Art. 3, approved 11-2-1978]

The purpose of this bylaw is to:

(1)

Promote the health, safety, morals, convenience and general welfare of the inhabitants of the Town of Weymouth.

(2)

Lessen congestion in the streets.

(3)

Conserve health.

(4)

Secure safety from fire, flood, panic and other dangers.

(5)

Provide adequate light and air.

(6)

Prevent overcrowding of land.

(7)

Avoid undue concentration of population.

(8)

Encourage housing for persons of all income levels.

(9)

Facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open spaces and other public requirements.

(10)

Conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment.

(11)

Encourage the most appropriate use of land throughout the Town.

(12)

Preserve and increase amenities by the promulgation of regulations to fulfill said objectives.

This bylaw includes but is 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.

(3)

Uses of bodies of water, including watercourses.

(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.

(7)

Accessory facilities and uses, such as vehicle parking and loading, landscaping and open space.

(8)

The development of the natural, scenic and aesthetic qualities of the community.

§ 120-3 Scope.

In their interpretation and application, the provisions of this bylaw shall not in any way impair or interfere with the provisions of other regulations or laws or with the provisions of private restrictions placed upon property by covenant, deed or other private agreement or with provisions of restrictive covenants running with the land to which the Town is a party. Where this bylaw imposes a greater restriction upon land, buildings or structures than is imposed or required by any of the aforesaid provisions, the provisions of this bylaw shall prevail.

§ 120-4 Severability.

Should any section or provision of this bylaw be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the bylaw as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.