[Added 12-6-2010 by Ord. No. 10-111]
The Village Center District is an overlay zoning district. Parcels within the overlay district are first subject to the additional regulations of the overlay. In cases where there is a conflict, the regulations of the overlay zoning supersede the underlying zoning district.
Village Center zoning is the creation of a specific overlay zoning district for the unique needs of small mixed-use commercial areas; to provide goods, services and housing in a more compact environment; to encourage redevelopment; and to create a vibrant, walkable, pedestrian- and bicycle-friendly environment. A Village Center District seeks to preserve the existing mixed uses of a village and encourage new construction to be compatible with the setbacks and scale of existing structures and is consistent with the recommendations put forth in the Weymouth Master Plan.
It is hereby declared to be the intent of the Village Center Overlay District to establish reasonable standards that permit and control mixed residential, commercial, governmental, institutional, and office uses in the Town of Weymouth. Furthermore, it is the intent of this district to:
A. 
Encourage commercial, governmental, institutional, and office uses that do not attract large volumes of traffic, a diverse mix of residential, business, commercial, office, governmental, institutional and entertainment uses for workers, visitors, and residents.
B. 
Limit and discourage development of highway-oriented strip commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generally higher traffic volumes.
C. 
Encourage a pedestrian- and bicycle-friendly environment so that commercial enterprises and consumer services do not rely on automobile traffic to bring consumers into the area.
D. 
Permit uses that promote conversion of existing buildings in a manner that maintains the visual character and architectural scale of existing development within the district.
E. 
Minimize visual and functional conflicts between residential and nonresidential uses within an abutting the district.
F. 
Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl.
G. 
Encourage mixed uses within the same structure.
H. 
Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities.
I. 
Encourage uses that minimize noise and congestion.
J. 
Encourage artist live/work space.
K. 
Encourage first-floor retail space.
L. 
Allow for an appropriate density of land uses and people to support a vibrant village center and public transportation.
This article is intended to be used in conjunction with other regulations as adopted by the Town, including historic district regulations, design guidelines, site plan review, and other local ordinances designed to encourage appropriate and consistent patterns of village development.
The Village Center District shall consist of the traditional neighborhood retail cores which have historically been village centers and have developed into a composite of residential, commercial, governmental and religious uses. The district is delineated in the Town's Zoning Map.
Any uses, or uses customarily accessory thereto, permitted within the Village Center Overlay District are noted in the Use Table for the Village Center Overlay District.
Use Table for the Village Center Overlay District
As of Right
Site Plan Review
Special Permit
Single-family detached
Three-family dwelling
Multifamily dwelling units (20 units or more)
Single-family attached
Multifamily dwelling units (4 units to 19 units)
Maximum density of 1 unit per 5,000 square feet or 4 units per lot
Conversion of existing residential structure to retail or services
Conversion between 2,000 square feet and 5,000 square feet of gross floor area
Two-family dwelling
Conversion of a single-family dwelling to a two-family dwelling
All nonresidential uses in a new structure or addition with a gross floor area greater than 5,000 square feet
Accessory in-law accommodation
Conversion of existing dwelling to multifamily up to 4 units
Adult day care
Home occupation
Bed-and-breakfast
Private club or lodge for members only
Artist live/work space
Conversion of existing residential structure to clinic, office, retail sales or retail services of a nature customarily found in a village center, excluding vehicular sales and service; must be less than 2,000 square feet of gross floor area
Lodging house, maximum of 10 lodgers
Retail sales and retail services of a nature customarily found in a village center, excluding vehicular sales and service
Common driveway; may not be used in conjunction with any lot used for single-family purposes
Drive-through services, excluding food sales
Mixed-use commercial with residential above
All nonresidential uses in a new structure or addition up to a maximum of 5,000 square feet
Funeral home
Professional office for architect, attorney or similar profession
Trade, professional or other school conducted as gainful business
Medical office/clinic or laboratory
Place of assembly, amusement or recreation
Office building
Restaurant
The site and design criteria within this section shall be applicable to all residential greater than three units, mixed use and nonresidential property.
A. 
Site access. New curb cuts on existing public ways shall be minimized. To the extent feasible, access to businesses shall be provided through one of the following methods: (a) through a common driveway serving adjacent lots or premises or (b) through an existing side or rear street, thus avoiding the principal thoroughfare. Garage doors or loading docks are prohibited on the front facade of any building facing the street.
(1) 
Curb cuts within 200 feet of intersections are subject to site plan review.
(2) 
Curb cuts greater than 30 feet and driveway openings greater than 20 feet are subject to a site plan review. Full-width curb cuts are prohibited.
B. 
Pedestrian and bicycle circulation. Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction of buildings and parking areas and should be designed in concert with landscaping plans noted below. New construction should improve pedestrian access to buildings, sidewalks and parking areas and should be completed with consideration of pedestrian safety, handicapped access and visual quality. Where appropriate, applicants are encouraged to provide pedestrian and/or bicycle paths connecting their site with abutting areas in order to promote pedestrian and bicycle circulation and safety in the village. When parking is located in the rear, pedestrian access via a pedestrian-oriented alley or walkway through to the primary street is encouraged.
C. 
Landscape plans shall show the type, size and location of all proposed plantings.
(1) 
Side yards shall be screened or landscaped as follows:
(a) 
Where the distance between structures on adjacent lots is 10 feet or less, the side yard shall be screened from public view by a solid fence or tight landscaping having a height of no less than five feet. A chain-link fence shall not be permitted.
(b) 
Where the distance between structures is greater than 10 feet, the space shall be appropriately landscaped.
(2) 
Large parking areas (e.g., greater than 20 parking spaces) shall be separated by landscaped islands of eight feet to 10 feet in width or in the alternative shall devote at least 5% of the interior of the parking lot to landscaping. In addition, a minimum of one shade tree shall be planted for every six parking spaces required or built, within appropriate locations on the lot(s). The plan shall show the location of plantings, including use of plantings to buffer neighboring properties, and along the street frontage and pedestrian ways. Trees planted within parking areas shall be planted in protected pervious plots of at least 60 square feet of area.
No structure shall be erected, altered or moved, except in conformity with the following overlay district requirements:
Minimum Lot Size
(square feet)
Minimum Lot Width
(feet)
Minimum Rear Yard Depth
(feet)
Maximum Height
5,000
50
See § 120-25.5C
2 1/2 stories, not to exceed 35 feet; or 4 stories, not to exceed 50 feet by special permit
Minimum Front Yard Depth
(feet)
Minimum Side Yard Depth
(feet)
Minimum Rear Yard Depth
(feet)
Maximum Lot Coverage
(percent of lot area)
See § 120-25.5C
See § 120-25.5C
See § 120-25.5C
50% residential; 80% mixed-use
A. 
Location and distribution of uses. The ground floor of the front facade of a commercial building or a mixed-use residential/commercial building shall be occupied by business uses only. When the rear facade faces a parking area, the ground floor shall also be occupied by business uses only.
B. 
Height. To accomplish the purposes of this article, the Board of Zoning Appeals is authorized to grant a special permit to allow an increase in the height of structures either in existence, as reconstructed, or as new construction, so that the total height does not exceed four stories with a maximum height of 50 feet within this zoning district. If any construction of a structure increases the intensity of use over what was previously in existence on the lot, the Board of Zoning Appeals shall allow this increase only upon a finding that the additional height is consistent with the scale of adjacent structures and is necessary to maintain the area's character. The Board of Zoning Appeals must further find that the relaxation of height limitations will not interfere with or negatively impact abutting properties, particularly property used or zoned for single-family residential purposes.
C. 
Setback. In keeping with the purpose of the Village Center District, it is recognized that the areas have developed with distinct development patterns to match the traditional needs of the small lots and buildings that have made village centers unique to their individual neighborhoods. Building setbacks within the district are given with provision to average setbacks so that redevelopment and new development will be in keeping with the established village layout. To accomplish the purposes of this section, the Inspector of Buildings is authorized to allow a calculation of front, side and rear setback standards for new or preexisting structures, as prescribed as follows:
(1) 
Front, side and rear building setbacks shall be calculated as follows: The maximum front and street side building setback may not exceed the average front yard depth of the nearest two lots on both sides of the subject lot or 10 feet, whichever is less.
(a) 
If one or more of the lots required to be included in the averaging calculation is vacant, such vacant lot(s) will be deemed to have a yard depth of zero feet.
(b) 
Lots fronting a street other than the subject lot or separated from the subject lot by a street or alley may not be used in the computing average.
(c) 
When the subject lot is a corner lot, the average setback will be computed on the basis of the two adjacent lots that front on the same street as the subject lot.
(d) 
When the subject lot abuts a corner lot fronting on the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two lots that front on the same street as the subject lot.
Figure 1. Village Center Setbacks
(2) 
The following exceptions to the maximum front and street side building setbacks apply:
(a) 
A portion of the building may be set back from the maximum setback line in order to provide an articulated facade or accommodate a building entrance feature, provided that the total area of the space created must not exceed one square foot for every linear foot of building frontage.
(b) 
A building may be set back farther than the maximum setback in order to accommodate an outdoor eating area. In order to preserve the continuity of the street wall, the building may be set back no more than 12 feet from the front or street side property line or at least 40% of the building facade must be located at the maximum setback line.
Figure 2 Exceptions to Front/Street Setback
D. 
Orientation. Building shall be oriented parallel with the front setback line to establish and preserve a consistent building line, with primary entrances oriented toward the street.
E. 
Articulation. Large expanses of blank walls are prohibited. A single building with a width of more than 60 feet facing a street line or a public or municipal parking area shall be divided visually into subelements which, where appropriate, express the functional diversity within the building. Major articulations shall be spaced no farther apart than 25% of the building length at street level.
F. 
Transparency. The intent of these transparency standards is to maintain a sense of visual continuity and provide interest for pedestrians by ensuring that the solid-to-void ratio (the percentage of glass to solid wall surface that is used on a building face) appears similar to that seen in traditional storefronts.
(1) 
A minimum of 60% of the street-facing building facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor nonresidential space or product display areas.
(2) 
The bottom edge of any window or product display window used to satisfy the transparency standard of Subsection F(1) above may not be more than three feet above the adjacent sidewalk.
(3) 
Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lit.
G. 
Doors and entrances.
(1) 
Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
(2) 
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(3) 
The main business entrance to each ground-floor business shall be accentuated by larger doors, signs, a canopy or similar means.
(4) 
Where a building has a street frontage greater than 100 feet, doors must be placed an average of one door every 50 feet of frontage.
H. 
Outdoor storage. Outdoor storage shall not be permitted in the Village Center District.
I. 
Utilities. Underground utilities for new and redeveloped buildings are required unless physically restricted or blocked by existing underground obstructions.
Off-street parking spaces within the Village Center Overlay District shall be provided in accordance with the following minimum and maximum requirements:
Use
Minimum Parking Spaces
Maximum Parking Spaces
Comments
Dwelling units
1.5 per unit
2 per unit
Single- and multifamily dwellings
Eating and drinking establishments
1 space for each 4 seats or 2 spaces for each 150 square feet of gross floor area, excluding basement storage area
1 space for each 2 seats or 1 space for each 50 square feet of gross floor area, excluding basement storage area
Use seats for primarily sit-down facilities, floor area for primarily take-out facilities; at discretion of the Inspector of Buildings
Motels, hotels and lodging houses
0.75 space for each guest room or dwelling unit, plus 1 space for each 500 square feet of meeting, banquet or restaurant area
1 space for each guest room or dwelling unit, plus 1 space for each 400 square feet of meeting, banquet or restaurant area
Medical, dental or professional building
1.3 spaces for each 200 square feet of gross floor area, excluding basement storage area
1.5 spaces for each 200 square feet of gross floor area, excluding basement storage area
Offices
1 space for each 300 square feet of gross floor area, excluding basement storage area
1 space for each 200 square feet of gross floor area, excluding basement storage area
Retail business and service establishments
1 space for each 250 square feet of gross floor area on the first floor of a building, and 1 space for each 500 square feet of gross floor area thereafter for all floors used for office, retail or service businesses, excluding basement storage area
1 space for each 200 square feet of gross floor area on the first floor of a building, and 1 space for each 400 square feet of gross floor area thereafter for all floors used for office, retail or service businesses, excluding basement storage area
Theaters, auditoriums, assembly halls and other places of assembly
1 space for each 5 seats or for each 100 square feet of auditorium area, if there are not fixed seats
1 space for each 4 seats or for each 50 square feet of auditorium area, if there are not fixed seats
Mixed uses in a single building
Spaces required will be the sum of the requirements of the various individual uses
The following criteria are included to ensure that new and renovated off-street parking areas are constructed in accordance with the village's character and the provisions of this article.
A. 
Parking areas shall be located to the side and rear of the structure. Parking areas shall be designed such that parking is prohibited within the required front yard setback.
B. 
Parking areas shall include provisions for the "parking" of bicycles in bicycle racks in locations that are safely segregated from automobile traffic and parking. For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces or fraction thereof.
C. 
Where possible, parking areas shall be interconnected in a manner that allows the unobstructed flow of pedestrians between businesses and the parking areas.
D. 
Where such parking abuts a residential district, it shall not be located within less than five feet of the lot line, and a wall or fence of solid appearance or a tight evergreen hedge having a height of no less than five feet shall be erected and maintained between such area and the property in the residential district.
Recognizing that parking requirements in the Village Center Overlay District of this article may hamper development of village-style land use and development, a reduction in the number of parking spaces is permissible through the criteria addressed in § 120-25.7.
A. 
The applicant may reduce the number and/or the location of the required parking spaces through a site plan review or special permit. Consideration may be given to the hours of usage of the proposed use/structure, hours of usage of other uses/structures within the Village Center District, amount of shared parking with other uses, proximity to transit stations, as well as other relevant information to assist the granting authority in determining the need for additional parking for motor vehicles. Relief may be granted, provided that it is demonstrated that the additional demand for such spaces can be reasonably met without placing an undue burden on existing facilities already relying on such spaces under the following conditions:
Under site plan review:
(1)
A ten-percent reduction in the minimum parking standard for any business located within 1,000 feet of a municipal parking facility or commuter rail station.
(2)
Allow parking areas to be shared with adjoining businesses, based upon having peak user demands at different times, provided that all businesses sharing parking are located on the same lot.
Under special permit:
(3)
On-street parking spaces within a radius of 200 feet and municipal lot parking spaces may be counted as part of the required parking need.
(4)
Allow provisions for the required spaces to be on a separate lot or lots within a radius of 1,000 feet, measured from the lot line of the principal use.
B. 
At the applicant's request, the Town may permit, through site plan review, shared parking, subject to the following conditions:
(1) 
A reciprocal agreement shall be executed by all parties concerned that ensures the long-term joint use of such common parking, and that a copy has been submitted, and is acceptable.
(2) 
The applicant shall provide a parking study with all information deemed necessary to render a decision. Said information shall include, but not be limited to:
(a) 
The hours of operation and parking demand for each use;
(b) 
The hours of peak demand for parking;
(c) 
A description of the character of the land use and the parking patterns of adjacent uses;
(d) 
An estimate of the anticipated turnover in parking space use over a twenty-four-hour period of time; and
(e) 
A site plan showing the shared-use spaces in the lot and the walking distance to the uses sharing the lot.
C. 
In rendering a decision regarding shared parking, the following criteria shall be considered:
(1) 
Uses sharing the parking facility do not need to be contained within the same lot, but shall be a maximum of 600 feet from the closest parking space.
(2) 
The hours of operation and peak demand of the uses involved.
(3) 
The number of spaces required for each individual use is pursuant to § 120-25.7. of this article.
(4) 
The applicant shall demonstrate that vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or same day of the week.
(5) 
The degree to which the applicants are committed to implementation of transit demand management measures, such as those to promote car and van pooling, bicycling, and public transit.
D. 
In the event that the conditions for shared parking change, or if the shared parking arrangement is discontinued, the applicant shall notify the Inspector of Buildings within 10 days. The Inspector of Buildings shall then require the applicant to meet the applicable parking requirements found in § 120-25.7 of this article.
Appropriate landscaping and design shall be incorporated into new and expanded development. Landscape design plans shall be prepared by a registered landscape architect, although the permit granting authority may accept a plan prepared by one other than a landscape architect if it believes the plan meets the design guidelines noted below and is in concert with the intent of this regulation. Wherever possible, naturally occurring vegetation shall be incorporated into the landscape plan.
A. 
Side yard setbacks (in accordance with § 120-25.5.) shall be landscaped. This side yard shall be planted with a combination of grass, appropriate-height shrubs and shade trees. If there is not an adequate amount of side yard area to landscape, a fence may be allowed as an alternative. No parking area or driveway shall be allowed within this side yard.
B. 
Exposed storage areas, machinery, garbage dumpsters, service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings, fences and other methods compatible with the goals of this regulation. Plantings used for this section shall be a minimum of four feet in height at the time of planting.
C. 
Trees are to be planted where necessary, as determined by the Inspector of Buildings. Trees shall be the equivalent of well-rooted nursery-grown stock free of injury, harmful insects, and diseases. They shall be well-branched, and the branching structure shall be sound. Trees shall only be planted after April 15 and before September 30. Any planting outside of those dates shall be approved by the Town Arborist.
D. 
No more than 50% of the trees, approved to be planted, shall be of any one species, and no less than 25% of the total trees planted shall be of any one species. Trees shall be chosen from a list provided by the Town Arborist, unless an alternative is specifically approved by the Inspector of Buildings.
E. 
Minimum acceptable size of tree to be planted shall be trunk caliper of 1.5 inches at four feet above the grade. Evergreen trees shall be at least eight feet to 10 feet tall at the time of planting.
F. 
All required landscape areas of a property, whether permitted as of right, by site plan review or special permit, shall be maintained and properly cared for. Any plant that dies shall be replaced within one growing season. Replacement trees or shrubs shall be of similar type and a size as required. If fencing is used, the fence shall be maintained in good working order or replaced as necessary.
Signs in a Village Center District advertising conforming uses shall be subject to the following conditions:
A. 
Each place of business shall be allowed one permanent wall sign parallel to the exterior building facade, projecting not more than 12 inches from said wall and having an aggregate area of two square feet for each horizontal foot of building frontage of said business, provided that the area of said sign shall not exceed 20 square feet.
B. 
Each lot shall be allowed one freestanding sign, provided that the foremost building on the lot is set back from the front lot line a minimum of 10 feet, subject to the following criteria:
(1) 
The sign area shall not exceed 15 square feet per side, with a total surface area of all sides not exceeding 30 square feet.
(2) 
Signs within 10 feet of a street or way line shall have either the uppermost edge of the sign no more than three feet above grade or the lowermost edge of the sign no less than eight feet above grade and the uppermost edge not to exceed 20 feet above grade.
or
C. 
Each lot shall be allowed one projecting sign, mounted to the front building line, provided that the foremost building on the lot is set back from the front lot no greater than 10 feet, subject to the following criteria:
(1) 
The sign shall have the lowermost edge no lower than 10 feet above grade nor more than 12 feet above grade; the uppermost edge of the sign shall be no greater than 20 feet above grade or above the roofline, whichever is lower in height; the sign shall project no more than 4.5 feet from the front building line.
(2) 
The sign area shall not exceed 15 square feet per side, with a total surface area of all sides not exceeding 30 square feet.
D. 
Projecting signs over public property or a right-of-way shall be subject to a site plan review, if no special permit is required, in accordance with the following conditions.
(1) 
A projecting sign shall only be placed over a sidewalk or walkway, and in no case shall a projecting sign extend over any portion of a vehicular travel lane.
E. 
Window signs either painted on or attached to the inside window or etched on the window, provided such signs do not cover more than 25% of the window glass.
F. 
Signs shall be set back from any adjoining residential district lot line by at least the front yard distance required in the adjoining residential district.
G. 
Any lights used for illumination shall be so arranged as to reflect light away from an adjoining residential district.
The Village Center Districts are recognized as a special place to be protected as a community resource because they represent an important part of the Town's heritage and because their unusual character creates an identity for Weymouth today. Compatible design helps to enhance the quality of life for all residents while strengthening the economic viability of the village centers. The site plan review program for the Village Center Districts seeks to encourage visual harmony and historic integrity and encourage creative design solutions. The village center site plan review does not dictate style, but rather suggests a variety of choices for achieving design compatibility within the Village Center Districts. The site plan review can also help to protect the property values by encouraging improvements that maintain buildings as viable assets. In Weymouth Landing, the site plan review shall incorporate the provisions of the Memorandum of Understanding regarding coordinated design/development review signed by Braintree and Weymouth Mayors on March 25, 2010.
The village center site plan review is triggered by change to the urban design features, architectural features and on- and off-site improvements. The village center site plan review is required under the following circumstances (with exceptions noted):
A. 
Any new construction or exterior alteration requiring a building permit (replacement roofing excluded).
B. 
New and altered signs (any signage including new, altered existing signs and awnings).
C. 
Freestanding ground lighting.
D. 
Fencing of any height.
E. 
Interior and exterior alterations in conjunction with a change in use.
F. 
Curb cuts within 200 feet of street intersections.
G. 
Curb cuts greater than 30 feet in width and driveway openings greater than 20 feet in width.
H. 
New paving for two or more vehicles.
A. 
In addition to the specific criteria regarding the granting of a special permit, the Board of Zoning Appeals shall issue a special permit only after consideration of all of the following:
(1) 
Impact on the neighborhood visual character, including architectural design, views and vistas;
(2) 
Degree to which the proposed use will share an access driveway and/or parking with an adjacent use and avoids new curb cuts; and
(3) 
Degree to which the proposed project complies with the goals of the Weymouth Master Plan and the provisions of this article.