[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.
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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.
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[Added 4-2-2018 by Ord.
No. 17-127]
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.
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Use Table for the Village Center Overlay District
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As of Right
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Site Plan Review
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Special Permit
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Single-family detached
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Three-family dwelling
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Multifamily dwelling units (20 units or more)
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Single-family attached
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Multifamily dwelling units (4 units to 19 units)
Maximum density of 1 unit per 5,000 square feet or 4 units per
lot
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Conversion of existing residential structure to retail or services
Conversion between 2,000 square feet and 5,000 square feet of
gross floor area
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Two-family dwelling
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Conversion of a single-family dwelling to a two-family dwelling
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All nonresidential uses in a new structure or addition with
a gross floor area greater than 5,000 square feet
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Accessory in-law accommodation
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Conversion of existing dwelling to multifamily up to 4 units
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Adult day care
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Home occupation
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Bed-and-breakfast
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Private club or lodge for members only
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Artist live/work space
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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
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Lodging house, maximum of 10 lodgers
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Retail sales and retail services of a nature customarily found
in a village center, excluding vehicular sales and service
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Common driveway; may not be used in conjunction with any lot
used for single-family purposes
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Drive-through services, excluding food sales
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Mixed-use commercial with residential above
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All nonresidential uses in a new structure or addition up to
a maximum of 5,000 square feet
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Funeral home
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Professional office for architect, attorney or similar profession
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Trade, professional or other school conducted as gainful business
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Medical office/clinic or laboratory
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Place of assembly, amusement or recreation
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Office building
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Restaurant
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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.
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:
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Minimum Lot Size
(square feet)
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Minimum Lot Width
(feet)
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Minimum Rear Yard Depth
(feet)
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Maximum Height
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|---|---|---|---|
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5,000
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50
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See § 120-25.5C
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2 1/2 stories, not to exceed 35 feet; or 4 stories, not
to exceed 50 feet by special permit
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Minimum Front Yard Depth
(feet)
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Minimum Side Yard Depth
(feet)
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Minimum Rear Yard Depth
(feet)
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Maximum Lot Coverage
(percent of lot area)
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|---|---|---|---|
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See § 120-25.5C
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See § 120-25.5C
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See § 120-25.5C
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50% residential; 80% mixed-use
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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.
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Figure 1. Village Center Setbacks
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(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.
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Figure 2 Exceptions to Front/Street Setback
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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:
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Use
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Minimum Parking Spaces
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Maximum Parking Spaces
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Comments
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|---|---|---|---|
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Dwelling units
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1.5 per unit
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2 per unit
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Single- and multifamily dwellings
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Eating and drinking establishments
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1 space for each 4 seats or 2 spaces for each 150 square feet
of gross floor area, excluding basement storage area
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1 space for each 2 seats or 1 space for each 50 square feet
of gross floor area, excluding basement storage area
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Use seats for primarily sit-down facilities, floor area for
primarily take-out facilities; at discretion of the Inspector of Buildings
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Motels, hotels and lodging houses
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0.75 space for each guest room or dwelling unit, plus 1 space
for each 500 square feet of meeting, banquet or restaurant area
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1 space for each guest room or dwelling unit, plus 1 space for
each 400 square feet of meeting, banquet or restaurant area
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Medical, dental or professional building
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1.3 spaces for each 200 square feet of gross floor area, excluding
basement storage area
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1.5 spaces for each 200 square feet of gross floor area, excluding
basement storage area
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Offices
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1 space for each 300 square feet of gross floor area, excluding
basement storage area
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1 space for each 200 square feet of gross floor area, excluding
basement storage area
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Retail business and service establishments
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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
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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
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Theaters, auditoriums, assembly halls and other places of assembly
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1 space for each 5 seats or for each 100 square feet of auditorium
area, if there are not fixed seats
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1 space for each 4 seats or for each 50 square feet of auditorium
area, if there are not fixed seats
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Mixed uses in a single building
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Spaces required will be the sum of the requirements of the various
individual uses
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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:
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Under site plan review:
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(1)
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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.
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(2)
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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.
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Under special permit:
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(3)
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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.
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(4)
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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.
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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.
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or
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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.
