A.Â
In this Zoning Bylaw the following terms, unless a
contrary meaning is required by the context or is specifically prescribed,
shall have the meaning given herein. Words used in the present tense
include the future; the singular 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
word "shall" is always mandatory and not merely directory.
B.Â
Terms and words not defined herein but defined in
the Massachusetts State Building Code and Town of North Reading General
Bylaws, as amended, shall have meanings given therein unless a contrary
intention clearly appears. Words not defined in either place shall
have the meaning given in Webster's Unabridged Dictionary, 3rd Edition.
Uses listed in the Table of Use Regulations under the classes Retail,
Service and Commercial and Wholesale, Transportation and Industrial
shall be further defined by the 1997 North American Industry Classification
System.
[Amended 10-17-1991 ATM by Art. 21, approved 2-4-1992; 4-6-2000 ATM by Art.
26, approved 6-28-2000; 10-2-2000 ATM by Art. 16, approved 3-29-2001]
C.Â
ABANDONMENT
ACCESSORY BUILDING
ACCESSORY USE
BUILDING
BUILDING AREA
BUILDING INSPECTOR
BUILDING PERMIT
CAMP
CERTIFICATE OF COMPLIANCE
COUNTRY CLUB
DECISION
DETACHED BUILDING
DISTRICT
DRIVE-IN RESTAURANT/TAKE-OUT RESTAURANT
DRIVE-IN USES
DRIVEWAY
DWELLING
DWELLING, MULTI-FAMILY
DWELLING UNIT
EMISSION
ERECT
ESSENTIAL SERVICES
(1)Â
(2)Â
(3)Â
FAMILY
FINDING
GRADE, FINISHED
GROSS FLOOR AREA
HEIGHT
HOSPITAL
HOTEL
HOUSE TRAILER
JUNK
JUNKYARD
LANDSCAPING
LIGHT MANUFACTURING
LOADING SPACE
LODGING HOUSE
LOT
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT, WIDTH
MASSAGE ESTABLISHMENT
MEMBERSHIP CLUB
MIXED USES
MOBILE HOME
MUNICIPAL FACILITY
MUNICIPAL FACILITY – GOLF COURSE
MUNICIPAL FACILITY - INDOOR AND OUTDOOR RECREATION
NOTICE AND ORDER
NURSING HOME
OVERLAY DISTRICT
PARKING SPACE
PRINCIPAL BUILDING
PRINCIPAL USE
SERVICE STATION
SPECIAL PERMIT
SPECIAL PERMIT GRANTING AUTHORITY
STORY
STORY, HALF
STREET
(1)Â
(2)Â
(3)Â
STRUCTURE
TOWNHOUSE
TRAVEL TRAILER, CAMPING TRAILER, CAMPER and SELF-CONTAINED MOTOR
HOME
USE
USED CAR LOT
USE, SUBSTANTIALLY DIFFERENT
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions.
The purposeful discontinuation of a use of a building or
lot; or the removal of the characteristic equipment or furnishings
used in the performance of a nonconforming[1] use, without its replacement by similar equipment or furnishings; or the occurrence of the circumstances delineated in § 200-12.
A detached building, the use of which is customarily subordinate
and incidental to that of the principal building located on the same
lot.
A use of a lot customarily subordinate and incidental to
the principal use of the lot or to a structure on the lot.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals,
processes or property. For the purpose of this definition "roof" shall
include an awning or any similar covering, whether or not permanent
in nature. The word "building" shall be construed, where the context
requires, as though followed by the words "or part or parts thereof."
The aggregate of the maximum horizontal cross-sectional area
of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys,
unenclosed porches, bay windows, balconies and terraces expressed
as a percentage of total lot area.
The duly appointed official of the Town of North Reading
charged, among other things, with enforcement of this Zoning Bylaw.
A permit issued by the Building Inspector for the construction,
reconstruction, alteration or change of a structure as required by
the Massachusetts State Building Code and this Zoning Bylaw.
A place consisting of more or less permanent structures used
for vacationing or other recreational purposes.
A statement signed by the Building Inspector, setting forth
either that a building or structure complies with this Zoning Bylaw
or that a building, structure or parcel of land may lawfully be employed
for specified uses, or both.
A suburban club with facilities for golf, other outdoor sports
and social activities.
A determination made by the Zoning Board of Appeals pursuant
to an appeal, an application for a special permit, or an application
for a variance or a determination made by the Community Planning Commission
pursuant to an application for a special permit. The term "decision"
is synonymous with the term "finding."
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
A building having open space on all sides.
Premises and buildings used primarily for the sale, dispensing
or serving of food, refreshments or beverages for consumption off
the premises or consumption in vehicles temporarily parked on the
premises, or at tables, benches or counters, the majority of which
are out of doors.
A retail or consumer service use of land or a building in
which the business transacted usually is conducted by a customer or
client within his automobile.
A portion of a lot which is designed for vehicular access
to a garage, or off-street parking or loading space.
A privately or publicly owned permanent structure constructed
pursuant to the provisions of the Massachusetts State Building Code,
which is occupied in whole or in part as the home residence or sleeping
place of one (1) or more persons. This term shall not include tents,
trailers, campers or mobile homes. The terms "one-family," "two-family,"
or "multi-family" dwelling shall not include hotel, motel, lodging
house, hospital, membership club, mobile home or dormitory.
A building or group of buildings containing four (4) or more
dwelling units and including apartment house, garden apartment house
and townhouse. Each unit may be owned by a separate owner.
[Amended 10-4-1984 ATM by Art. 14, approved 1-8-1985]
One (1) or more living and sleeping rooms providing complete
living facilities for the use of one (1) or more individuals constituting
a single housekeeping unit, with permanent provisions for living,
sleeping, eating, cooking and sanitation; but not including mobile
homes or trailers, however mounted, or commercial accommodations offered
for transient occupancy.
Energy and/or matter issued into the environment as a direct
consequence of any activity or use.
To construct or reconstruct or excavate, fill, drain, or
conduct physical operations of any kind in preparation for or in pursuance
of construction or reconstruction, or to move a building or structure
upon a lot. The word "erect" shall include "building," "constructing,"
"reconstructing," "altering," "enlarging" and "moving."
Services provided by public or private utility,
or governmental agencies through erection, construction, alteration,
removal, 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 including poles, wires, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and similar equipment and accessories in connection therewith.
Specifically excluded from this definition are
buildings necessary for the furnishing of adequate services by such
public or private utility, or governmental agencies for the public
health, safety or general welfare.
An individual, or two (2) or more persons living together
as a single housekeeping unit.
See "decision."
The average elevation of the ground at the conclusion of
construction.
The sum of the areas of the several floors of a building
as measured from the exterior faces of the walls. It does not include
cellars, unenclosed porches, or attics, or any floor space intended
and designed for the parking of motor vehicles in order to meet the
parking requirements of this Zoning Bylaw. It shall include the horizontal
area at each floor level devoted to stairwells and elevator shafts.
The vertical distance from the average finished grade of
the adjacent ground to the highest point on the highest roof of the
structure.
A building providing twenty-four-hour in-patient services
for the diagnosis, treatment or other care of human ailments, including
a sanitarium, sanatorium, clinic, rest home, nursing home and convalescent
home.
A building or any part of a building containing rooming units
for transient occupancy including an inn, motel, motor inn and tourist
court, but not including a boardinghouse, lodging house or rooming
house.
A mobile home.
Any worn out, cast off, or discarded articles or material
which is ready for destruction or has been collected or stored for
salvage or conversion to some use. Any article or material which unaltered
or unchanged and without further reconditioning can be used for its
original purpose as readily as when new shall not be considered junk.
The use of more than two hundred (200) square feet of the
area of any lot, whether inside or outside a building, or the use
within ten (10) feet of the street lot line of any lot for the storage,
keeping or abandonment of junk.
Improvements to land to enhance its attractiveness and facilitate
its use and enjoyment by planting or removal of vegetation, application
of pavement, surface materials or ground cover and minor grading which
does not alter the overall surface drainage pattern.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
Fabrication, processing or assembly employing only electric
or other substantially noiseless and inoffensive motor power, utilizing
hand labor or quiet machinery and processes free from neighborhood
disturbing agents, such as odors, gas fumes, smoke, cinders, flashing
or bright lights, refuse matter, electromagnetic radiation, heat or
vibration.
An off-street space of at least twelve (12) feet in width,
fifty (50) feet in length and with a vertical clearance of at least
fourteen (14) feet, having an area of not less than six hundred (600)
square feet plus access and maneuvering space used exclusively for
loading and unloading of goods and materials from one (1) vehicle.
A building containing rooms for the semi-permanent use of
one (1) or more individuals not living as a single family.
A parcel of land used or available for use as the site of
one (1) or more buildings and buildings accessory thereto in the same
ownership throughout, as shown or defined on a recorded instrument
or as otherwise defined by metes and bounds. A lot for the purpose
of this Zoning Bylaw may or may not coincide with a lot of record
title.
A lot at the point of intersection of and abutting on two
(2) or more intersecting streets, the interior angle of intersection
of the street lot lines, or in case of a curved street, extended street
lot lines, being not more than one hundred thirty-five (135) degrees.
The mean horizontal distance between the front lot line and
the rear lot line.
The horizontal distance measured along the front lot line
between the points of intersection of the side lot lines with the
front lot line. Frontage for purposes of this Zoning Bylaw shall be
only continuous frontage and shall be measured only by one (1) front
lot line for the purposes of corner lots.
A lot, the side lines of which do not abut on a street.
The property line dividing a lot from a street right-of-way.
The lot line opposite from a front lot line and which does
not intersect a front lot line.
Any lot line not a front or rear lot line.
A lot, the front and rear lot lines of which abut streets;
or a corner lot, two (2) opposite lines of which abut streets.
The horizontal distance between the side lot lines as measured
at the minimum front yard depth required by this Zoning Bylaw, and
parallel to the street line.
Any establishment or place of business wherein massage, as
defined hereafter, for hire or reward, is administered or used as
the primary use of the premises. "Massage" shall mean the practice
of a massage of a person by hand or by any mechanical apparatus or
both, including, without limitation, nonspecific stretching techniques,
oil rubs, heat lamps, salt glows, hot or cold packs, tubs, showers,
cabinet baths, steam and dry heat baths, and mineral water. "Massage"
is also defined to include, without limitation, stroking, touching,
kneading, vibration, friction and percussion, solely, or in combination
or by means of any mechanical apparatus.
[Added 4-23-1979 ATM by Art. 22, approved 5-18-1979]
A social, sports or fraternal association or organization
which is used exclusively by members and their guests and is not conducted
as a gainful business.
The use of a building, structure, lot or portion thereof
for more than one (1) permitted use.
Any vehicle except a camping trailer, travel trailer, self-contained
motor home or other vehicles designed for similar purposes, used or
so constructed as to permit its being used as a dwelling or sleeping
place for one (1) or more persons and adaptable for running water
and sanitary facilities whether or not such vehicle is actually immobile
because of temporary or permanent utilities, connections, foundations
or other features attached to a fixed site. Any such vehicle greater
than eight (8) feet in width shall be considered a mobile home.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
A physical facility, such as a parcel of real estate, a building
or other structure, owned by the Town, where the activities conducted
thereon are operated by Town employees or under a management agreement,
lease or other contractual arrangements with the Town.
[Added 1-19-1988 STM by Art. 6, approved 2-2-1988]
A nine-hole or eighteen-hole golf course, including golf
driving range, pro shop, swimming facilities, clubhouse, eating, drinking
and dining facilities, function hall, other accessory buildings and
parking areas incidental thereto, but not including miniature golf
facilities. Excluded herein is the use of any motorized recreational
vehicles except those used in conjunction with the operation of the
golf course.
[Added 1-19-1988 STM by Art. 6, approved 2-2-1988]
Indoor and/or outdoor recreation facilities, including physical
fitness facilities and related pro shops, and accessory uses, but
not including miniature golf facilities.
[Added 1-19-1988 STM by Art. 6, approved 2-2-1988]
A document issued by the Building Inspector pursuant to the provisions of § 200-21A of this Zoning Bylaw and requiring termination of zoning violations.
See "hospital."
A zoning district such as the Floodplain District which is
superimposed on other zoning districts and whose regulations are supplementary
to those of the affected zoning districts so overlaid.
[Added 11-6-1978 ATM by Art. 12, approved 2-6-1979; amended 10-8-1987 ATM by Art.
21, approved 11-30-1987; 4-30-1992 ATM by Art. 22, approved 8-26-1992; 3-13-2017 STM by Art. 4, approved 4-24-2017]
An off-street space at least nine (9) feet in width and twenty-one
(21) feet in length on its shortest side for angle parking, or ten
(10) feet in width and twenty (20) feet in length for other parking,
having an area of not less than one hundred eighty-nine (189) square
feet, plus access and maneuvering space, whether inside or outside
a structure for use as a parking stall for one motor vehicle.
A building in which is conducted the principal use of the
lot on which it is located.
The main or primary purpose for which s structure or lot
is designed, arranged or intended or for which it may be used, occupied
or maintained under this Zoning Bylaw.
A building or part thereof whose chief activity is the selling
of gasoline, oil and related products for motor vehicles.
The Zoning Board of Appeals shall act as the special permit granting authority in all cases except those relating to special permits granted pursuant to Articles X and XI of this Zoning Bylaw in which case the Community Planning Commission shall act as the special permit granting authority.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
The portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds one-third (1/3) of the area of the floor immediately
below, it shall be deemed to be a story. A basement shall be deemed
to be a story when its ceiling is six (6) or more feet above the finished
grade. An attic shall not be deemed a story if unfinished and without
human occupancy.
A story under a gable, hipped or gambrel roof, the wall plates
of which on at least two (2) opposite exterior walls are not more
than two (2) feet above the floor of such story.
[Amended 10-10-1985 ATM by Art. 19, approved 2-4-1986; 10-5-1995 ATM by Art.
36, approved 12-22-1995; 4-7-1997 ATM by Art. 22, approved 8-1-1997]:
A public way; or
A way shown on a plan approved and endorsed
under the Subdivision Control Law; or
A way in existence on or before September 19,
1944, having in the opinion of the Community Planning Commission sufficient
width [which is at least twenty-one (21) or more feet in right-of-way
width], suitable grades and adequate construction to provide for the
need of vehicular traffic in relation to the proposed use of the land
abutting thereon or served thereby, and for the installation of municipal
services to serve such land and the buildings erected or to be erected
thereon.
A combination of materials for occupancy or use, such as
a building, bridge, trestle, tower, framework, retaining wall, tank,
tunnel, tent, stadium, reviewing stand, platform, shelters, piers,
wharves, bin, fence, sign, swimming pool or the like.
Three (3) or more attached single dwelling units whose sidewalls
are separated from other dwelling units by a fire wall or walls. Each
unit in the row may be owned by a separate owner.
A recreational vehicle or camper (pick-up coach) which is
immediately portable, and is arranged, intended, designed or used
for sleeping and/or eating but which is not designed as a permanent
dwelling unit and is eight (8) feet wide or less.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
The purpose for which a structure or land is used or intended
to be used.
An open lot on which motor vehicles, either exclusively or
predominantly used, and in running condition, are displayed for sale.
A use which by reason of its normal operation would cause
readily observable differences in patronage, service, appearance,
noise, employment or similar characteristics from the use to which
it is being compared.
The area extending the full width of the lot between the
street lot line and the front wall line of the nearest building.
The area between the rear lot line and the nearest wall of
the principal building or structure.
The area between the side lot line and the nearest wall of
the principal building or structure.
[1]
Editor's Note: Throughout this chapter, each
instance of the word "non-conforming" was amended to "nonconforming"
10-2-2000 ATM by Art. 16, approved 3-29-2001.
