The intent of this section is to provide definitions for certain
terms, words and/or series of words which are to be utilized in the
interpretation of this bylaw, whether or not the definition stated
herein is contrary to common usage or contrary to the definition as
contained in a dictionary.
For the purpose of this bylaw and unless the context of usage
clearly indicates another meaning, the following terms shall have
the meanings indicated herein; words used in the present tense include
the future; the singular number includes the plural, and the plural
the singular; the words "used" or "occupied" include the words "designed,"
"arranged," "intended," or "offered," to be used or occupied; the
words "building," "structure," "lot," "land," or "premises" shall
be construed as though followed by the words "or any portion thereof,"
and the words "shall" is mandatory and directory, and "may" is permissive.
Any word indicating gender, such as he or she, shall be construed
to mean both genders.
Terms and words not defined herein but defined in the Commonwealth
of Massachusetts Building Code shall have meanings given therein unless
a contrary intention clearly appears. Words not defined in either
this bylaw or the State Building Code shall have the meaning given
in the most recent edition of Webster's Unabridged Dictionary. Uses
listed in the Table of Use Regulations under the categories "Commercial"
and Industrial" shall be defined by the Standard Industrial Classification
Manual published by the U.S. Bureau of Census.
The defined words and phrases are as follows:
A building or structure incidental and subordinate to a principal
building or structure and customarily used to serve the purposes of
that principal building. A building is accessory only where a principal
building exists on the same lot.
A separate, complete dwelling unit that is: (a) contained
substantially within the structure of a single-family dwelling, is
served by a separate entry/exit and can be isolated from the principal
single-family dwelling unit, or (b) contained entirely within an attached
or detached accessory building.
[Amended 6-14-2021 ATM by Art. 38, approved 12-10-2021]
A use customarily incidental to and located on the same lot
with the principal use.
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines, 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.
A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features persons or entertainers
who appear in a state of nudity, or live performances which are distinguished
or characterized by nudity, sexual conduct or sexual excitement as
defined in MGL c. 272, § 31.
An enclosed building or any portion thereof used for presenting
material (motion picture films, video cassettes, cable television,
slides or any other such visual media) distinguished by an emphasis
on matter depicting, describing, or relating to sexual conduct or
sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
Adult bookstores, adult cabarets, adult motion picture theaters,
adult paraphernalia stores, and adult video stores, alone or in combination,
as defined in this bylaw.
An establishment having a substantial or significant portion
of its stock in trade for sale or rent motion picture films, video
cassettes, and similar audio/visual media, 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.
Any construction, reconstruction or other action resulting
in a change of the structural parts or height, number of stories,
size, use or location of a building or other structure.
Any pet shop, grooming shop, or boarding facility, animal
day-care facilities, pet sitting enterprise, except this term shall
not include animal shelter, veterinary medical facilities, licensed
research facilities, facilities operated by government agencies, or
licensed animal dealers regulated by the USDA under the provision
of US Public Laws 89544 and 91579.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
A facility where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the clinic or hospital use.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
Any animal facility published by the Massachusetts Department
of Agricultural Resources (MDAR) as a "Massachusetts approved shelter
and resource organization" and listed as "out of states," meaning
facilities listed as such have approved isolation facilities.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
A residential facility occupied by persons over the age of
55, their spouses or surviving spouses, including rooms occupied by
resident staff personnel. Such a facility may include a full range
of nursing care from total to partial assistance, and may provide
food preparation services, limited residential food preparation areas,
and common recreational, laundry, social, medical, religious and service
facilities for the exclusive use of the residents.
A private owner-occupied house with three or fewer guest
rooms that includes a breakfast in the room rate. Parking to serve
bed and breakfast guests shall not be located within the front yard
between the residence and the street line except where the Board of
Appeals finds that due to the considerable setback of the building
from the street or other unique conditions pertaining to the lot,
alternative off-street parking arrangements, such as an existing driveway,
will not be detrimental to the neighborhood.
A large freestanding, permanent sign which directs attention
to a business, commodity, services or entertainment conducted, sold
or offered elsewhere than upon the premises where the sign is located.
An area within a site which is adjacent to and parallel with
the property line consisting of a continuous strip (except for required
vehicle or pedestrian access points) of existing vegetation or created
by the use of trees or shrubs, designed to minimize intrusion of dirt,
dust, litter, noise, glare from motor vehicle headlights, artificial
light (including ambient glare); or view of signs, unsightly buildings
or parking lots.
A structure adapted to permanent or continuous occupancy
for assembly, business, professional, education, industrial, institutional,
residential, agricultural or storage purposes and the term "building"
shall be construed as if followed by the words "or portion thereof."
The Building Code of the Commonwealth of Massachusetts, as
the same may be amended from time to time. Terms used in this bylaw
shall have the same meaning as ascribed to them in the Building Code
unless the context of usage in this bylaw clearly indicates another
meaning.
For a building abutting a street, shall be measured from
the natural grade on the street side(s) and, if not abutting a street
from the mean ground level along its front to the highest point of
the exterior in the case of a flat roof or to the ridge in the case
of a pitched roof.
The building in which is conducted the principal use of the
lot on which said building is located.
Change to a use that does not reflect the "nature and purpose"
of the use prevailing when the Zoning Bylaw took effect; or change
so as to create a difference in the quality or character, as well
as the degree, of use; or change "different in kind in its effect
on the neighborhood." See Town of Bridgewater v. Chuckran, 351 Mass.
20, 23 (1966).
An establishment used for boarding, holding, day care, overnight
stays or training of animals that are not the property of the owner
of the establishment, at which such services are rendered in exchange
for consideration and in the absence of the owner of any such animal;
provided, however, that "commercial boarding or training kennel" shall
not include an animal shelter or animal control facility, a pet shop
licensed under MGL c. 129, § 39A a grooming facility operated
solely for the purpose of grooming and not for overnight boarding
or an individual who temporarily, and not in the normal course of
business, boards or cares for animals owned by others.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
An establishment, other than a personal kennel, engaged in
the business of breeding animals for sale or exchange to wholesalers,
brokers or pet shops in return for consideration.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
Golf course/driving range, bathing beach, sports club, horseback
riding stable, boathouse, game preserve, marina or other commercial
recreation carried on in whole or in part outdoors, except those activities
more specifically designated in the bylaw. This definition is intended
to include facilities designed primarily for participatory recreation
by the general public and/or members, but to exclude facilities which
derive a significant portion of their income from entrance fees paid
by spectators.
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies, and
parking or wheeled or portable equipment.
Any facilities (including without limitation a hot plate
or portable oven, but not including an outdoor grill) which permit
the occupant to prepare meals in the building on a regular basis.
A facility operated, owned or maintained by a domestic charitable
corporation registered with the Massachusetts Department of Agricultural
Resources or an animal welfare society or other nonprofit organization
incorporated for the purpose of providing for and promoting the welfare,
protection and humane treatment of animals, including a veterinary
hospital or clinic operated by a licensed veterinarian, which operates
consistent with such purposes while providing veterinary treatment
and care.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
An improved access (other than a street) connecting between
a street and one or more parking or loading spaces.
Any building containing one or more dwelling units, but excluding
mobile homes and accessory apartments.
A building or part of a building occupied or suitable for
occupancy as a residence and arranged for the use of one or more individuals
living as a single housekeeping unit with its own cooking, living,
sanitary and sleeping facilities, but excluding a unit in a facility
offering transient lodging accommodations to the general public.
A single building containing at least two dwelling units,
but not more than four units.
A dwelling containing not more than one dwelling unit.
A single building containing two dwelling units, neither
of which is an accessory apartment.[1]
Services provided by a public service corporation or by governmental
agencies through erection, construction, alteration, or maintenance
of gas, electrical, steam or water transmission or distribution systems
and collection, communication, supply or disposal systems whether
underground or overhead. Facilities necessary for the provision of
essential services include poles, wires, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment in connection therewith.
A number of individuals living and cooking together on the
premises as a single unit, but not more than five unrelated individuals.
A structure of semi-permanent or temporary type located in
a district in which agricultural uses are allowed, from which raw
products and other goods, the majority of which are raised on the
premises, are offered for sale to the public.
The ratio of the gross floor area of the building or buildings
on one lot to the total area of the lot.
The sum of the horizontal areas of the several floors of
a building excluding areas used for accessory garage purposes and
such basement and cellar areas as are devoted exclusively to uses
accessory to the operation of the building. All measurements shall
be taken from the exterior faces of the walls, including the exterior
of any enclosed porches.
The boundary of a lot coinciding with the street line, being
an unbroken distance along a way currently maintained by the Town,
county, or state, or along ways shown of the Definitive Plans of approved
subdivisions, through which actual access to the potential building
site shall be required unless otherwise exempted herein. A street
may provide frontage only upon a determination by the Planning Board
that it provides adequate access for fire, police, and emergency vehicles.
Lot frontage shall be measured continuously along street lines between
side lot lines. Lots with interrupted or discontinuous frontage must
demonstrate that the required length along the street may be obtained
from one continuous frontage section, without any totaling of discontinuous
frontage sections.
A material which is hazardous to human health or to the environment,
as defined by the U.S. Environmental Protection Agency and under 40
CFR Part 250 and the regulation of the Massachusetts Hazardous Waste
Management Act, MCL c. 21C.
An occupation, business, trade, service or profession subordinate
and incidental to the principal residential use of property conducted
on the premises by the owner/occupant thereof.
A corporation or trust owned or to be owned by the owners
of lots or residential units within a site, which holds the title
to open land and which is responsible for the costs and maintenance
of said open land and any other facilities to be held in common.
A building or group of buildings providing accommodations
on a transient basis for compensation.
The outdoor use of any area of any lot for the storage, salvage,
keeping or abandonment of junk, scrap, or discarded materials, or
the dismantling, demolition, or abandonment of automobiles or other
vehicles or machinery or parts thereof.[2]
An off-street space at least 12 feet in width, 50 feet in
length and with a vertical clearance of a least 14 feet, having an
area of not less than 1,300 square feet which includes access and
maneuvering space used exclusively for loading and unloading of goods
and materials from one vehicle. The dimensions of the loading space
may be reduced by the Building Inspector to not less than 300 square
feet which includes access and maneuvering space, when it is clearly
evident that service vehicles utilizing said space will not require
the area set forth above.
A dwelling in which the person resident therein provides
sleeping accommodations for not more than four paying guests who are
not provided with meals or individual or shared cooking facilities.
A single area of land in common ownership defined by metes
and bounds or boundary lines in a recorded deed or on a recorded plan.
The area of the lot excluding any area in a public or private
street, nor any water area more than 10 feet from the shoreline.
A lot at the junction of and fronting on two or more intersecting
streets.
The gross ground area of all buildings and paved surfaces.
A line which separates one or more lots or a lot and a street.
The width of a lot as measured at the front line of the principal
building thereupon, or at such other location as may be designated
by the bylaw.
One or more buildings containing allowed or allowable nonresidential
or nonagricultural uses, other than retail uses, with 50,000 or more
square feet of building floor space.
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business as defined in MGL c. 94G, § 1.
A facility which provided dockage or berthing for more than
five vessels and may also provide facilities for the servicing of
vessels.
The shortest distance between side lot lines as measured
anywhere between the lot frontage and the existing or proposed main
building on the lot.
Residential units that are located in the rear, on the side
and/or on the upper floors of business and commercial buildings with
means of egress separate from the commercial use.
[Added 6-14-2021 ATM by Art. 34, approved 12-10-2021]
A dwelling unit on a chassis and containing complete electrical,
plumbing, and sanitary facilities and designed to be installed on
a temporary or permanent foundation or permanent living quarters.
A lot used, designed or advertised as a site for two or more
mobile homes used for living purposes.
Any building used for the keeping of motor vehicles and in
which a business or industry dealing with the repair or servicing
of such vehicles is maintained, including body work or painting.
A building or part thereof with no more than two service
bays whose chief activity is the selling of gasoline, oil and related
products for motor vehicles or the provision of lubricating service,
car washing services or minor auto repairs such as tire servicing
and repair, but not recapping or regrooving, replacement of miscellaneous
parts and minor adjustments.
Three or more dwelling units on a single lot, including any
mix of single-family, two-family or multifamily structures, whether
or not attached, and regardless of form of tenure.
Facilities owned or operated by the Town of Sterling.
Any structure or use of land lawfully existing at the effective
date of this bylaw or subsequent amendment which does not conform
to one or more provisions of the bylaw.
A place for the transaction of a professional service or
business, not including the sale of articles at retail.
Ground space other than that occupied by structures, walkways,
drives, parking or other surfaces. Required yard setbacks may be included
as open space if in conformance with the above specifications.
A zoning district superimposed over an underlying district,
superseding, where applicable, the less stringent requirements of
the underlying district.
An area measuring at least nine feet by 18 feet, suitable
for parking a car, and except for residences, having adequate access
for entry and exit while other adjacent parking spaces are occupied.
A pack or collection of more than four dogs, three months
old or older, owned or kept under single ownership, for private personal
use; provided, however, that breeding of personally owned dogs may
take place for the purpose of improving, exhibiting or showing the
breed or for use in legal sporting activity or for other personal
reasons; provided, further, that selling, trading, bartering or distributing
such breeding from a personal kennel shall be to other breeders or
individuals by private sale only and not to wholesalers, brokers or
pet shops; provided, further, that a personal kennel shall not sell,
trade, barter or distribute a dog not bred from its personally owned
dog; and provided, further, that dogs temporarily housed at a personal
kennel, in conjunction with an animal shelter or rescue registered
with the department, may be sold, traded, bartered or distributed
if the transfer is not for profit.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
Every place or premises where birds, mammals or reptiles
are kept for the purpose of sale at either wholesale or retail, import,
export or barter, exchange or gift.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
Bowling alley, movie theater, and other indoor recreational
facilities, but shall not include pool halls and video arcades.
Any building or structure containing any principal use as
indicated in § 301-2.3.1, except where such use is a home
occupation. Where more than one principal use is conducted on a lot
and such uses are in more than one building or structure, each building
or structure shall be considered a principal building or structure.
Earth removal for the purpose of extracting soil, loam, sand,
gravel, clay, rocks, minerals, or other earth material, including
establishments engaged in operating sand and gravel pits and in washing,
screening, or preparing sand and gravel for construction or industrial
uses, but excluding grading of a lot in preparation for the construction
of a structure or associated appurtenances for which a building permit
or other similar permit has been issued by the Town.
[Added 6-14-2021 ATM by Art. 48, approved 12-10-2021]
Land or buildings in which freight brought by rail or truck
is assembled and/or stored for routing or reshipment, or in which
semi-trailers, including tractor and/or trailer units and other trucks,
or freight cars are parked or stored.
An institution operated in the United States or by the commonwealth
or a political subdivision thereof, or any school or college of medicine,
public health, dentistry, pharmacy, veterinary medicine or agriculture,
medical diagnostic laboratory or biological laboratory, hospital or
other educational or scientific establishment within the commonwealth
above the rank of secondary school, which, in connection with any
of its activities, investigates or gives instruction concerning the
structure or functions of living organisms or the cause, prevention,
control or cure of disease or abnormal conditions of human beings
or animals.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
An establishment in which food is prepared and served and
customers' orders are taken and served at dining tables. A single
inside takeout station may be considered accessory to a conventional
restaurant.
A restaurant where food or drinks are usually served to or
consumed by persons while they are seated in their vehicle or off
the premises.
An establishment for the immediate sale of food or drink
prepared on or off the premises and served in disposable containers
or wrappers for consumption on or off premises unless such sales are
wholly incidental to a conventional restaurant or food market or other
use defined in this bylaw. Service is usually cafeteria style or from
a serving counter. Such establishment may include inside seating,
but table service is usually not provided or is only incidental. All
restaurant establishments providing in-car, drive-through service
are included in this definition.
A facility selling goods but not specifically listed in the
Table of Use Regulations.
A facility providing service to the public for compensation,
such as, but not limited to, dry cleaning, photographic studio, printing,
barber, beauty salon, and picture framing shop.
The minimum horizontal distance between the street or front
lot line and the building nearest the street or front lot line, such
distance measured at a right angle to the street or front lot line.
Any temporary or permanent lettering, word, numeral, billboard,
pictorial representation, display, emblem, trademark, device, banner,
pennant, insignia or other figure or similar character, located outdoors,
whether constituting a structure or any part thereof, or attached,
painted on, or in any other manner represented on a building or other
structure, and which is used to announce, direct, attract, advertise
or promote.
A surface area within a single continuous perimeter enclosing
all of the display area, but not including structural members not
bearing advertising matter unless internally or decoratively lighted.
One side only of flat, back to back signs shall be counted.
Any sign relating to an allowed accessory use of the premises.
A sign identifying the business, company or agency located
on the premises. An advertising sign used to direct attention to a
product and/or a service or activity not performed on the premises
shall not be considered a business sign, such signs are not allowed
in Sterling.
A sign which directs and gives guidance, but does not contain
any advertising.
A sign not supported by a wall nor building and supported
by its own permanent base or foundation on or in the ground.
A sign, not including banners, pennants and the like which
is not supported by is own permanent base nor foundation in the ground.
A sign which is attached to a building, extends more than
12 inches therefrom and provides necessary clearance for pedestrians
and vehicles.
A sign which is mounted on the roof of a building above the
eave line. The top of the sign may not extend higher than the highest
point of the roof on which it is mounted.
A sign which is attached directly to the wall of a building
and does not extend more than 12 inches therefrom and provides necessary
clearance for pedestrians.
A permit issued pursuant to MGL c. 40A, § 9, and
this bylaw. In accordance with case law, neither the Zoning Act nor
the Town Zoning Bylaw gives an absolute right to a special permit.
The special permit granting authority is not compelled to grant the
permit; it has discretionary power in acting thereon. See, MacGibbon
v. Board of Appeals of Duxbury, 356 Mass. 635, 638-639 (1970).
A portion of a building between the surface of any floor
and the surface of the floor or ceiling next above it. A half-story
is a space under a sloping roof which has the line of intersection
of the roof and wall space not more than three feet above floor level,
in which space the possible floor area with head room of five feet
or less occupies at least 40% of the floor area of the story directly
beneath it.
An existing way providing access to the premises in question
if that way is either shown on an approved definitive subdivision
plan or on the Sterling Official Map as adopted pursuant to MGL c.
41, §§ 81E through 81H, as a public way.
A combination of materials to form a construction, including
among others, buildings, stadiums, tents, reviewing stands, platforms,
stagings, observation towers, water tanks, play towers, swimming pools,
trestles, sheds, shelters, fences over six feet high, display signs,
flagpoles, masts for radio antennas, courts for tennis or similar
games, backstops, backboards; the term "structure" shall be construed
as if followed by the words "or portion thereof." A vessel shall not
be considered to be a structure.
A veterinary hospital or clinic that boards dogs for reasons
in addition to medical treatment or care; provided, however, that
"veterinary kennel" shall not include a hospital or clinic used solely
to house dogs that have undergone veterinary treatment or observation
or will do so only for the period of time necessary to accomplish
that veterinary care.
[Added 5-2-2022 ATM by
Art. 27, approved 8-18-2022]
A structure used primarily for the storage of goods and materials,
with or without wholesale sales.
An open space on a lot unoccupied and unobstructed by any
building or structure (except for freestanding uninhabited buildings
up to 500 square feet in area, open decks up to 300 square feet in
area, and pools, all of which are subject to the separate provisions
of § 301-2.5.4). Front, side and rear yards shall be measured
from the nearest point of any structure or dwelling to each front,
side or rear lot line. Uncovered steps, ramps and bulkheads or the
construction of wall or fences not exceeding six feet in height shall
not be considered part of the structure for the purposes of measuring
setbacks. A chimney and all types of decks shall be considered part
of a structure.
A yard extending between lot side lines across the lot adjacent
to the front lot line.
A yard extending between lot side lines adjacent to the rear
of the lot.
A yard extending along each side line of a lot between front
and rear yards.
[1]
Editor's Note: The former definition of "earth removal," which
immediately followed, was repealed 6-14-2021 ATM by Art. 48, approved
12-10-2021. See now the definition of "quarrying or mining."
[2]
Editor's Note: The definition of "kennel, commercial," which
immediately followed this definition, was repealed 5-2-2022 ATM by Art. 27, approved 8-18-2022. See
now the definition of "commercial boarding or training kennel" above.
