For the purpose of this bylaw and unless the
context of usage clearly indicates another meaning, the following
rules of construction apply to the text of this bylaw:
A.
Words used in the present tense include the future;
the singular number includes the plural, and the plural number includes
singular.
B.
The word "used" or "occupied" include the words "designed,"
"intended," or "arranged to be used as occupied."
C.
The words "building," "structure," "lot," "land,"
or "premises" shall be construed as though followed by words "or any
portion thereof."
D.
The word "shall" is mandatory; the word "may" is permissive.
E.
The words "including" or "such as" shall not limit
a term to specified examples, but are intended to extend its meaning
to all other instances or circumstances to like kind or character.
F.
Terms and words not defined herein but defined in
the Massachusetts State Building Code shall have meaning given therein
unless a contrary intention clearly appears. Words not defined in
either place shall have the meaning given in Webster's Unabridged
Dictionary.
For the purpose of this bylaw, the following
words and terms as used herein shall have the meanings or limitations
of meaning hereunder defined, explained or assigned:
A detached, subordinate building, the use of which is customarily
incidental to that of the principal building, and located on the same
lot therewith.
[Amended 10-20-1997 STM by Art. 2]
A use subordinate and customarily incidental to the principal
use of a building, structure, or land, and located on the same lot
with the principal use.
Refers to the following uses as defined in MGL c.40A, § 9A:
"adult entertainment establishment," "adult bookstore," "adult motion-picture
theaters," "adult paraphernalia store," "adult video store," and "establishments
which display live nudity."
[Added 6-26-2006 STM by Art. 13]
A domestic animal is defined as any animal which may customarily
coexist with humans.
[Added 10-20-1997 STM by Art. 2]
A facility that uses a production process that subjects a
metal to electrolytic action in which the metal serves as an anode.
[Added 9-22-2008 STM by Art. 4]
A building or buildings that provides living assistance in
a residential setting for people pursuant to MGL Chapter 19D; and
when located on one parcel or contiguous parcels of land totaling
at lease five acres in size, or when it is a state-aided or federally
aided housing development for elders; the residences may be for people
55 years of age or older. This assistance would be in the area of
meals, professional services such as dressing or bathing assistance,
and other social services. These facilities may have central dining
facilities, lounges, meeting rooms, laundry rooms, greenhouses, exercise
rooms and recreational areas, libraries, offices, medical facilities
for diagnosis and outpatient services for residents only and such
other common areas or facilities or accessory uses for the residents
as may be desirable.
[Added 6-21-1999 STM by Art. 9; amended 3-27-2000 STM by Art.
6]
An industrial facility for the production of asphalt, concrete
or related material or products used in construction or building but
does not include the on-site excavation of material used in the production
as a primary use.
[Added 9-22-2008 STM by Art. 4]
An independent structure having a roof supported by columns
or walls, resting on its own foundation, and designed for the shelter,
housing or enclosure of persons, animals, chattels or property of
any kind.
That part of a lot upon which the principal building may
be located after all required yard dimensions have been met. (See
Plate 1 at the end of this chapter.)
That portion of the buildable area on which the principal
building and its leach field, if required, may be located after meeting
wetland requirements or other physical constraints of the terrain.
A facility providing areas for the rental of sites for tents,
campers or travel trailers for the use of vacationers and travelers,
including sanitary, cooking, recreational and parking facilities for
patrons.
A qualifying patient, personal caregiver, or a dispensary
agent of a medical marijuana dispensary who has been issued and possesses
a valid registration card.
[Added 5-5-2014 ATM by Art. 23]
A day-care center or a school-age child-care program, as
those terms are defined in MGL c. 28A, § 9.
A registration issued to a medical marijuana dispensary for
growing marijuana for medical use under the terms of Chapter 369 of
the Acts of 2012 and 105 CMR 725.00, or to a qualified patient or
personal caregiver under the terms of Section II of Chapter 369 of
the Acts of 2012 and 105 CMR 725.00.
[Added 5-5-2014 ATM by Art. 23]
Cancer, glaucoma, positive status for human immunodeficiency
virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic
lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple
sclerosis, and other conditions as determined in writing by a qualifying
patient's physician.
[Added 5-5-2014 ATM by Art. 23]
A container temporarily placed for removal of debris from
construction, demolition, renovation, or cleanup of a premises;
[Added 6-26-2006 STM by Art. 14]
An employee, staff volunteer, officer, or board member of
a nonprofit medical marijuana dispensary, who shall be at least 21
years of age.
[Added 5-5-2014 ATM by Art. 23]
Any use, whether referred to as drive-in, drive-up or drive-through,
which provides services directly to customers in an automobile or
other vehicle from any window, counter or other appurtenance from
the principal or an accessory building.
[Added 3-27-2000 STM by Art. 7; amended 9-22-2008 STM by Art.
7
A building designed for residential occupancy but not including
commercial accommodations offered for periodic occupancy such as hotels,
motels, inns, lodging, or tourist houses.
A detached residential building designed for and occupied by one family only, but not including mobile homes whether placed on a foundation or not, except as permitted under Article XIII of this bylaw.
A detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
A residential building designed for or occupied by three
or more families, with the number of families in residence not exceeding
the number of dwelling units provided.
One or more rooms constituting a separate, independent housekeeping
establishment with cooking, living, sanitary and sleeping facilities
for the use of one family.
A closet, room, greenhouse, or other area equipped with locks
or other security devices, accessible only to dispensary agents, patients,
or personal caregivers.
[Added 5-5-2014 ATM by Art. 23]
One or more individuals related by blood, marriage or law,
or not more than five individuals who are not so related, living together
as one housekeeping unit and using in common among them one set of
cooking and food storage equipment and facilities.
A family day-care home as those terms are defined in MGL
c. 28A, § 9, without limitation to age.
A parcel of land principally used for growing or raising
agricultural products including related structures thereon, not including
cultivation of marijuana.
[Amended 5-7-2018 ATM
by Art. 3]
Facility for the preparation, processing, canning or processing
of food products for human or animal consumption, not including marijuana
edibles.
[Added 9-22-2008 STM
by Art. 4; amended 5-7-2018 ATM
by Art. 3]
That portion of a building under a sloping roof, the cubic
contents of which is never more than 1/2 of that of the story below.
If the cubic contents are greater it shall be deemed a story.
Hazardous materials include all substances defined as hazardous
or toxic under MGL c. 21E and 310 CMR 40.00 and include any substance
or mixture of such physical, chemical or infectious characteristics
that could pose a significant actual or potential hazard to human
health or the environment if it were discharged onto the land or into
the air or waters of the Town. Toxic or hazardous materials include,
but are not limited to: organic chemicals; petroleum products; heavy
metals; radioactive or infectious wastes; acids; alkalis; pesticides;
solvents; and thinners in quantities greater than those incidental
to the primary use.
[Added 9-22-2008 STM by Art. 4]
A waste which is injurious to human health or the environment.
Hazardous wastes are defined by MGL c. 21C and the Massachusetts Hazardous
Waste Regulations, 310 CMR 30.010.
[Added 9-22-2008 STM by Art. 4]
Manufacture or assembly of a product, including processing,
fabrication, assembly, treatment, packaging which may involve compounding
raw or unprocessed material and may also involve outdoor operations
as part of the manufacturing process.
[Added 9-22-2008 STM by Art. 4]
The vertical distance measured, in the case of flat roofs,
from the average level of the finished ground surface along the main
front wall of the building to the top of the coping or roof overhang;
and in the case of pitched roofs, to the point 2/3 of the distance
up between the eave and the ridge or top of the roof.
An occupation or business activity, which results in a product
or service for financial gain, which is conducted within a dwelling.
[Added 10-20-1997 STM by Art. 2]
A building rented or used by paying guests, transiently or
permanently, where more than six bedrooms are used for shelter and
sleeping accommodations, and guest dining facilities may be provided
and the facility is serviced by Town sewer and community water.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution, which activities are predominantly conducted within
an enclosed building. These on-site production processes may consist
of or be created from electronics and micro-electronics parts, plastic
components, cloth, glass, leather, wood, ceramic components, paper
or other materials.
[Added 9-22-2008 STM by Art. 4]
A container typically or usually used to collect waste, garbage,
or other similar material which can contain more than one cubic yard
of material and no more than 202 gallons of material.
[Added 6-26-2006 STM by Art. 14]
A ground-mounted solar photovoltaic installation that occupies
5,200 square feet or more of a lot.
[Added 5-5-2014 ATM by Art. 20]
A residence with rooms rented or used by paying guests, transiently
or permanently, where not more than six bedrooms are used for shelter
and sleeping accommodations for guests, and guest meals may be provided.
The facility is resident/owner-operated and serviced by community
water.
[Amended 6-21-1999 STM by Art. 9]
A lot is a clearly defined piece of land in one ownership
or control of sufficient area and dimensions to meet minimum zoning
requirements for area, width and use, and to provide such yards and
other open spaces as are required herein. Such lots shall have frontage
on a public street shown on a plan approved by the Planning Board
or otherwise qualifying under the Subdivision Control Law.
Includes all buildings, structures, internal roads, parking
areas, driveways, sidewalks, etc., that are impervious to water. Parking
areas, driveways, etc., not covered with impervious materials are
not considered as part of lot coverage.
The continuous distance along the street line which provides
direct access to the lot, measured between the side lot lines, provided
that at no place shall the lot depth, along its frontage, be less
than the minimum required front yard set back in order to qualify
for lot frontage under this bylaw. (See Plate 1 at the end of this
chapter.)
The distance along the required front yard building setback
line measured parallel to or concentric with the street line and shall
not be less than the required lot frontage. (See Plate 1 at the end
of this chapter.)
Manufacture or assembly of a product, including processing,
fabrication, assembly, treatment, packaging which may involve compounding
raw or unprocessed material, which activities are predominantly conducted
within an enclosed building.
[Added 9-22-2008 STM by Art. 4]
Has the meaning given "marijuana" in MGL c. 94C.
[Added 5-5-2014 ATM by Art. 23]
A not-for-profit entity, as defined by Massachusetts law
only, that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, related supplies, or educational materials to qualifying
patients or their personal caregivers. The term "medical marijuana
dispensary" also means "medical marijuana treatment center" as defined
in Chapter 369 of the Acts of 2012 and the Department of Public Health
Regulations, 105 CMR 725.00. Definitions of words associated with
this bylaw shall also have the meanings set forth in Chapter 369 of
the Acts of 2012 and CMR 725.00 and shall be interpreted and applied
consistently with state law.
[Added 5-5-2014 ATM by Art. 23]
The acquisition, cultivation, possession, processing (including
development of related products such as food, tinctures, aerosols,
oils, or ointments), transfer, transportation, sale, distribution,
dispensing, or administration of marijuana, for the benefit of qualifying
patients in the treatment of debilitating medical conditions, or the
symptoms thereof.
[Added 5-5-2014 ATM by Art. 23]
A vehicular, portable, completely enclosed structure built
on a permanent chassis designed as a one-family dwelling unit to be
transported after fabrication on its own wheels or on a flatbed or
detachable wheels.
A parcel of land under single ownership, which has been planned
and improved for the placement of mobile homes for nontransient use.[1]
A structure utilizing conventional construction techniques
which conform to the Massachusetts Building Code, built under controlled
conditions, shipped in sections, assembled on a site and permanently
attached to a foundation.
Use engaged in a manufacturing process of making of molds
to form objects by heating the molding material to a fluid state and
injecting, extruding, or inserting it into a mold.
[Added 9-22-2008 STM by Art. 4]
A hotel primarily for transients traveling by automobile,
with a parking space on the lot for each lodging unit, with access
to each such unit directly from the outside, and the facility is serviced
by Town sewer and community water.
Any use of land by the Town of Dalton in accordance with
statutory laws governing municipal powers and functions including
participation in regional uses.
A group of retail stores or consumer service establishments
in one or more buildings on a lot, planned, developed and owned as
a unit with common off-street parking provided on the premises.
A solar photovoltaic installation of 60kW or less for the
primary purpose of providing electricity on site that is interconnected
with the electric grid, which allows consumers to feed surplus electricity
into the electric grid.
[Added 5-5-2014 ATM by Art. 20]
A person who is at least 21 years old who has agreed to assist
with a qualifying patient's medical use of marijuana. Personal caregivers
are prohibited from consuming marijuana obtained for the personal
medical use of the qualifying patient. An employee of a hospice provider,
nursing, or medical facility providing care to a qualifying patient
may also serve as a personal caregiver.
[Added 5-5-2014 ATM by Art. 23]
All equipment (including any repeaters) with which a personal
wireless service provider broadcasts and/or receives the radio-frequency
waves which carry their services and all locations of said equipment
or any part thereof. A personal wireless service is defined as any
commercial mobile service, unlicensed wireless service, and/or any
common carrier wireless exchange and/or toll service. These services
include: cellular telephone services, personal communication services,
specialized radio services, and paging services.
A planned unit office or research center shall consist of
a building or group of physically interrelated buildings where the
main function is the processing, compilation or analysis of records
or data, administrative and research activity in the physical or social
sciences, or applied research in product development but where no
manufacturing activity is permitted.
Any facility, including but not limited to buildings, structures,
generating and switching stations and pumping stations related to
the furnishing of utility services to the public which are essential
to the public health, safety and general welfare. This includes but
is not limited to electric, gas, telephone, water and sewer service.
[Added 9-22-2008 STM by Art. 4]
A person who has been diagnosed by a licensed physician as
having a debilitating medical condition.
[Added 5-5-2014 ATM by Art. 23]
A personal identification card issued by the Massachusetts
Department of Public Health to a qualified patient, personal caregiver,
or dispensary agent. The registration card shall verify that a physician
has provided written certification to the qualifying patient, that
the patient has designated the individual as a personal caregiver,
or that a medical dispensary has met the terms of Section 9 and Section
10, Chapter 369 of the Acts of 2012. The registration card shall identify
for the Department of Public Health and law enforcement those individuals
who are exempt from Massachusetts criminal penalties for conduct pursuant
to the medical use of marijuana.
[Added 5-5-2014 ATM by Art. 23]
A duly organized school, other than a public or parochial
school, giving regular instruction in subjects ordinarily taught in
the public schools, at least five days a week for eight or more months
a year.
A screen shall consist of one of the following:
Plant materials at least three feet in height
at the time of planting, of a type that may be expected to form a
year-round dense screen and reach a height in maturity of at least
five feet and which will be maintained at a height of not greater
than eight feet.
A masonry wall or wooden or fabricated fence
from five to six feet in height, at least 50% solid, designed in an
attractive manner to obscure any view.
Any existing or newly planted growth of trees
or shrubs, if in the judgment of the permit issuing authority, such
growth provided equivalent screening.
Additional planting or landscaping shall be
provided and maintained whenever the Inspector of Buildings finds
that sufficient planting or landscaping does not exist on a site or
that it is inadequate.
A line parallel to or concentric with a lot line at a distance
equal to the minimum yard requirement.
Any sign that advertises or indicates the person occupying
the premises on which the sign is erected or maintained, or the business
transacted thereon, or advertises the property itself or any part
thereof, as for sale or rent, and which contains no other matter.
A plan indicating, but not limited to the following: the
location of all existing and proposed buildings, structures, access
roads, driveways, parking areas and other open spaces, and all proposed
site improvements, including recreational areas, fences, screening,
walks and signs. Site plan or any portion thereof involving engineering,
architecture or land surveying shall be prepared by a duly authorized
engineer, architect, landscape architect or land surveyor. A site
plan may be prepared on one or more sheets to show clearly the information
required in the bylaw and to facilitate the review and approval of
the plan.
A device, structure, or structural design feature, a substantial
purpose of which is to provide for the collection, storage and distribution
of solar energy for space heating or cooling, generation of electricity,
or water heating. This includes appurtenant equipment for the collection,
storage and distribution of electricity to buildings or to the electric
grid.
[Added 5-5-2014 ATM by Art. 20]
A facility designated for disposal and/or recycling of solid
waste, refuse and demolition materials.
That portion of a building contained between any floor and
the floor or the ceiling next above it, but not including any portion
so contained if more than 1/2 of such portion vertically is below
the average finished grade of the ground adjoining such building.
A public way, or private way either shown on a plan approved
in accordance with the Subdivision Control Law, or otherwise qualifying
lots along it for frontage under the Subdivision Control Law.
The right-of-way line of a street as established under public
authority, or as shown on a plan approved by the Planning Board, or
if neither of the above apply, a line parallel to the center line
of the street measured back a distance equal to 1/2 of the normally
required right-of-way.
That which is built or constructed.
Any fabricated structure maintained or used or which may
be use for swimming purposes whether above or in ground and which
has a maximum depth of water greater than 24 inches. It shall also
include privately owned pools belonging to or connected with any type
of multiple housing development, motel, hotel, or similar establishment.
[Added 9-22-2008 STM by Art. 5]
The following for the purposes of this bylaw shall be considered
a trailer:
CAMPING TRAILERA canvas, folding structure, mounted on wheels and designed for travel, recreation, and vacation use.
MOTOR HOMEA portable temporary dwelling to be used for travel, recreation or vacation, constructed as an integral part of a self-propelled vehicle.
PICKUP COACHA structure to be mounted on a truck chassis for use as temporary dwelling for travel, recreation or vacation.
A vehicular, portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, or vacation having
a body width not exceeding eight feet, and body length not to exceed
40 feet, any of which shall be used only in recreational or camping
facilities.
[Amended 6-26-2006 STM by Art. 14]
A document signed by a licensed physician, stating that in
the physician's professional opinion, the potential benefits of the
medical use of marijuana would likely outweigh the health risks for
the qualifying patient. Such certification shall be made only in the
course of a bona fide physician-patient relationship and shall specify
the qualifying patient's debilitating medical condition.
[Added 5-5-2014 ATM by Art. 23]
The open areas of the lot extending inward from a lot line
for a distance specified in the zoning regulations, within which no
structure may be located except as otherwise provided in this bylaw.
(See Plate 1 at the end of this chapter.)
A required yard extending along the full length of the front
lot line between the side lot lines. (See Plate 1 at the end of this
chapter.)
A yard extending inward between the required side yards from
the required front yard setback line to the front wall of the principal
building. (See Plate 1 at the end of this chapter.)
A required yard extending the full length of the rear lot
line between the side lot lines. (See Plate 1 at the end of this chapter.)
A required yard extending along a side lot line from the
required front yard to the required rear yard. (See illustration of
Plate 1 and Plate 2 at the end of this chapter.)
