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.
[Amended June 1976 STM by Art. 25, approved 10-18-1976; January 1977 STM by Art. 1, approved 4-26-1977; June 1978 STM by Art. 3, approved 11-2-1978; June 1978 STM by Art. 2, approved 11-2-1978; October 1982 STM by Art. 3, approved 1-11-1983; May 1985 ATM by Art. 44, approved 7-25-1985; May 1989 ATM by Art. 47, approved 7-28-1989; May 1989 ATM by Art. 53, approved 7-28-1989; May 1990 STM by Art. 3, approved 8-29-1990; May 1992 ATM by Art. 35, approved 10-1-1992; June 1994 STM by Art. 5, approved 8-25-1994; May 1996 ATM by Art. 54, approved 9-9-1996; May 1997 ATM by Art. 42, approved 8-11-1997; November 1997 STM by Art. 36, approved 2-26-1998; May 1998 ATM by Art. 43, approved 10-23-1998; May 1999 ATM by Art. 19, approved 8-19-1999; 2-2-2004 by Ord. No. 04-041; 7-14-2014 by Ord. No. 14-078; 6-20-2016 by Ord. No. 16-095; 2-3-2024 by Order No. 24-119; 6-2-2025 by Order No. 25-035]
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.
"Accessory dwelling unit" is a self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling and subject to otherwise applicable dimensional and parking requirements, that: (i) has no more than two bedrooms, maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, provided that the lot conforms to the current minimum lot size, whichever is smaller. ADUs proposed on a lot containing less than the current minimum are limited to 750 square feet; (iii) is for the exclusive use of a single-family maintaining a household.
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.
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.
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.
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.
Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [44 CFR 59]
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.
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 channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
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.
The lot line separating a lot from a street layout line providing vehicular access and egress between the lot and the street.
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.
Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [44, CFR 59] Also [Referenced Standard ASCE 24-14]
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.
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.
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.
Where an accessory dwelling unit (ADU) is not located within the principal one-family dwelling the entire building, where the ADU is located shall be calculated in its entirety as the gross floor area (the sum of the areas of all stories of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, including any floor area below grade when usable for residential, office, business, storage, industrial, or other purposes, but excluding any area used exclusively for heating, air conditioning or other mechanical equipment which services the building) of the ADU.
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.
Any facility as defined in Chapter 21D of the General Laws of the Commonwealth of Massachusetts.
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.
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR 59]
Means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A duly licensed institution established or maintained for the purpose of caring for persons admitted thereto for diagnosis, medical, surgical or restorative treatment.
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.
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.
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.
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.[1]
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.
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.
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.
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.
The offices of one or more medical or dental professionals providing medical or allied care on an ambulatory basis.
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.
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
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.
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).
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.
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.
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.
Means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[44 CFR 59] |
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.
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.
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.
Any rental of a residential dwelling unit, or a bedroom within a residential dwelling, in exchange for payment, as residential accommodations for less than 31 consecutive days including a bed-and-breakfast establishment, bed-and-breakfast home, boarding house, hotel, or motel.
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.
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
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.
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202] |
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.
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."
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR 59] |
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
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.
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.
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."
Means a grant of relief by a community from the terms of a flood plain management regulation. [44 CFR 59]
Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [44 CFR 59]
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.
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.
Wireless communication structures including satellite dishes over three feet in diameter, monopoles, lattice towers or any other similar freestanding structure.
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.
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.
[1]
Editor's Note: Within the R-1 District, this calculation shall also include all other impervious surfaces including pavement, patios, sheds, and swimming pools.