In this chapter, the following terms, unless a contrary
meaning is required by the context or is specifically prescribed,
shall have the following meanings:
24-HOUR BASIS
The actual time that a person is an occupant within a facility
for the purpose of receiving care. It shall not include a facility
that is open for 24 hours and is capable of providing care to someone
visiting the facility during any segment of the 24 hours.
[Added 6-12-2021 ATM by Art. 41]
ABANDONED SIGN
Any sign and/or its supporting sign structure which remains
without a message or whose display surface remains blank for a period
of two years or more, or any sign which pertains to a time, event
or purpose which no longer applies, shall be deemed to have been abandoned.
Permanent signs applicable to a business temporarily suspended because
of a change in ownership or management of such business shall not
be deemed abandoned unless the property remains vacant for a period
of two years or more. Any sign remaining after demolition of a principal
structure shall be deemed to be abandoned. Signs which are present
because of being legally established nonconforming signs or signs
which have required a conditional use permit or a variance shall also
be subject to the definition of abandoned sign.
[Added 5-2-1998 STM by Art. 29]
ABANDONMENT
Absent notice of a proposed date of decommissioning, the
facility shall be considered abandoned when the facility fails to
operate for more than one year without the written consent of the
special permit granting authority.
[Added 5-4-2013 ATM by Art. 19]
ACCESSORY BUILDING
A subordinate building, the use of which is customarily incidental
to that of the principal building or of the land and which is located
on the same lot with the principal buildings or use. Not allowed without
the principal structure on the same lot.
[Amended 6-12-2021 ATM by Art. 41]
ACCESSORY USE
A use customarily incidental to that of the principal building
or use of land and located on the same lot as such principal building
or use.
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
AMBIENT SOUND LEVEL
The background A-weighted sound level that is exceeded 90%
of the time.
[Added 5-4-2013 ATM by Art. 19]
AMBULATORY CARE FACILITY
Buildings or portions thereof used to provide medical, surgical,
psychiatric, nursing or similar care on a less than 24-hour basis
to persons who are rendered incapable of self-preservation by the
services provided.
[Added 6-12-2021 ATM by Art. 41]
ANCILLARY
Subordinate: often with to/or auxiliary.
[Added 6-12-2021 ATM by Art. 41]
ANIMAL KENNEL OR HOSPITAL
A structure used for the harboring and/or care of more than
three dogs that are more than six months old, whether commercially
or not.
ASSISTED LIVING RESIDENCE
A residential development subject to certification under
MGL c. 19D, which provides room and board; provides assistance with
activities of daily living for three or more adult residents who are
not related by consanguinity or affinity (i.e., by blood or marriage)
to their care provider; and collects payments or third party reimbursement
from or on behalf of residents to pay for the provision of assistance.
Dwelling units in assisted living residences shall not be considered
multifamily or garden apartment units.
[Added 5-8-1998 ATM by Art. 19]
A-WEIGHTED SOUND LEVEL - dB(A)
A measurement of sound pressure level, which has been filtered
or weighted to progressively de-emphasize the importance of frequency
components below 1,000 Hz and above 5,000 Hz. This range corresponds
to the human speech band and reflects that human hearing is more sensitive
to the mid-range frequencies within this range than the frequencies
below and above this range.
[Added 5-4-2013 ATM by Art. 19]
AWNING
A roof-like cover, often of fabric, plastic, metal or glass,
designed and intended for protection from the weather or as a decorative
embellishment, and which projects from a wall or roof of a structure
over a window, walk, door or the like.
[Added 5-2-1998 STM by Art. 29]
AWNING SIGN
A building sign or graphic printed on or in some fashion
attached directly to the awning material.
[Added 5-2-1998 STM by Art. 29]
BALLOON SIGN
A temporary sign consisting of a bag made of lightweight
material supported by helium, hot or pressurized air which is greater
than 24 inches in diameter.
[Added 5-2-1998 STM by Art. 29]
BANNER
Any temporary sign, painted, printed or otherwise displayed
on cloth, plastic film or similar material other than a canopy.
[Added 5-2-1998 STM by Art. 29]
BEAUTY PARLOR
Includes hairstyling, facials, manicures nail sculpting and
similar personal grooming services.
[Added 12-10-1992 STM by Art. 1]
BED-AND-BREAKFAST HOME
A private, owner-occupied house where three or fewer rooms
are let, an individual's stay is not more than three consecutive nights
and a breakfast is included in the rent.
[Added 5-4-1991 ATM by Art. 26]
BEDROOM
See "sleeping unit."
[Added 3-15-1973 ATM by Art. 78; amended 6-12-2021 ATM by Art. 41]
BMP's
Best management practices are structural, nonstructural and
managerial techniques that are recognized to be the most effective
and practical means to prevent and/or reduce nonpoint source pollution.
[Added 5-1-1999 ATM by Art. 9]
BOARDINGHOUSE
A building arranged or used for lodging for compensation,
with or without meals.
[Added 6-12-2021 ATM by Art. 41]
BOAT
Any vessel or motor craft moved by oars, paddles, sails or
other power mechanism inboard or outboard, or any other vessel or
structure floating upon the water whether or not capable of self-locomotion.
[Added 5-9-1989 ATM by Art. 19]
BOATYARD
Premises for construction, major repair, servicing or onshore
storage of boats.
[Added 3-18-1967 STM by Art. 6]
BODY ART ESTABLISHMENT
(1)
A specified place or premises that has been
granted a permit by the Board of Health, whether public or private,
where practices of body art are performed, whether or not for profit.
(2)
"Body art" means the practice of physical body
adornment by permitted establishments and practitioners using, but
not limited to, the following techniques: body piercing, tattooing,
cosmetic tattooing, branding and scarification. This definition does
not include practices that are considered medical procedures by the
Board of Registration in Medicine, such as implants under the skin,
which procedures are prohibited.
BUILDING
Any structure, whether portable or fixed, having a roof supported
by columns or walls and intended for the shelter, housing, or enclosure
of any individual, animal, process, equipment, goods, or materials
of any kind, including, but not limited to principal buildings, garages,
sheds, porches, decks, stairways, chimneys, bulkheads, mobile homes,
trailers, storage containers and any other item designed or used for
similar purposes.
[Amended 12-10-1992 STM by Art. 1; 2-11-2004 STM by Art. 14]
BUILDING COVERAGE
The percentage of the horizontal area of a lot measured from
the exterior surface of the exterior walls of the ground floor of
all buildings and proposed principal and accessory buildings.
[Amended 2-11-2004 STM by Art. 14]
BUILDING HEIGHT
The vertical distance from the average finished grade of
the adjacent ground to the top of the highest point of the roof, parapet,
chimney, antenna or other attached structure. Chimneys, antenna and
other normally incidental like structures to a single- or two-family
dwelling shall be exempt from the above requirements.
[Added 12-10-1992 STM by Art. 1]
BUILDING MARKER
Memorial signs or tablets, names of buildings and date of
erection.
[Added 5-2-1998 STM by Art. 29]
BUILDING SIGN
Any sign attached or supported by any structure used or intended
for supporting or sheltering any use or occupancy.
[Added 5-2-1998 STM by Art. 29]
BULK STORAGE
Exposed outside storage of sand, lumber, coal or other bulk
materials, and bulk storage of liquids in tanks, except underground,
as an accessory use.
BUSINESS OFFICES
Facility for the transaction of business exclusive of the
receipt, retail sale or processing of merchandise.
CAMPER
A portable dwelling eligible to be registered and insured
for highway use, designed to be used for travel, recreational and
vacation uses, but not for permanent residence; includes equipment
commonly called travel trailers, pickup coaches or campers, motorized
campers and tent trailers, but not mobile homes.
[Added 3-22-1969 ATM by Art. 56]
CAMPING, COMMERCIAL
Premises used for camping, tenting or temporary overnight
facilities of any kind where a fee is charged.
CAMPING, SUPERVISED
Facilities operated on a seasonal basis for a continuing
supervised recreational, health educational, religious and/or athletic
program, with persons enrolled for periods of not less than one week.
CANOPY
A roof-like cover, often of fabric, plastic, metal, or glass
on a support, which provides shelter over a doorway.
[Added 5-2-1998 STM by Art. 29]
CANOPY SIGN
Any sign that is part of or attached to a canopy, made of
fabric, plastic or structural protective cover over a door or entrance.
A canopy sign is not a marquee and is different from service area
canopy signs.
[Added 5-2-1998 STM by Art. 29]
CARE SUITE
In Group 1-2 occupancies, a group of treatment rooms, care
recipient sleeping rooms and the support rooms or spaces and circulation
space within the suite where staff are in attendance for supervision
of all care recipients within the suite, and the suite is in compliance
with the requirements of Section 407.4.
[Added 6-12-2021 ATM by Art. 41]
CLINIC, OUTPATIENT
Buildings or portions thereof used to provide medical care
on less than a 24-hour basis to persons who are not rendered incapable
of self-preservation by the services provided.
[Added 6-12-2021 ATM by Art. 41]
CLUB
Premises or building of a nonprofit organization exclusively
servicing members and their guests for recreational, athletic or civic
purposes, but not including any vending stands, merchandising or commercial
activities, except as required generally for golf clubs or sportsman's
clubs, as elsewhere defined, or "clubs" or organizations whose chief
activity is a service customarily carried on as a business.
CONGREGATE LIVING FACILITIES
A building or part thereof that contains sleeping units where
residents share bathroom or kitchen facilities or both.
[Added 6-12-2021 ATM by Art. 41]
CONSTANTLY ATTENDED LOCATION
A designated location at a facility staffed by trained personnel
on a continuous basis where alarm or supervisory signals are monitored
and facilities are provided for notification of the Fire Department
or other emergency vehicles.
[Added 6-12-2021 ATM by Art. 41]
CONSTRUCTION SIGN
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
or similar artisans, and/or the owners, financial supporters, sponsors
and similar individuals or firms having a role or interest with respect
to the structure or project.
[Added 5-2-1998 STM by Art. 29]
CONTIGUOUS UPLAND AREA
Contiguous land other than land classified under the Wetlands
Protection Act as freshwater wetland, coastal wetland, beach, flat,
marsh or swamp and land under any water bodies such as ocean, creek,
river, stream, brook, pond or lake.
[Added 11-6-1997 STM by Art. 19]
CONTRACTOR'S YARD
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies and
parking of wheeled equipment.
CREMATION
The technical heating process that reduces human remains
to bone fragments.
[Added 5-6-1998 ATM by Art. 17]
CREMATORIUM
A building within which cremations occurs.
[Added 5-6-1998 ATM by Art. 17]
CUSTODIAL CARE
Assistance with day-to-day living tasks, such as assistance
with cooking, taking medication, bathing, using toilet facilities
and other tasks of daily living. Custodial care includes persons receiving
care who have the ability to respond to emergency situations and evacuate
at a slower rate and/or who have mental and psychiatric complications.
[Added 6-12-2021 ATM by Art. 41]
DECIBEL (dB)
The measurement of a sound pressure relative to the logarithmic
conversion of the sound pressure reference level often set as zero
dB(A). In general, this means the quietest sound humans can hear is
near zero dB(A) and the loudest humans can hear without pain is near
120 dB(A).
[Added 5-4-2013 ATM by Art. 19]
DETOXIFICATION FACILITIES
Facilities that provide treatment for substance abuse, serving
care recipients who are incapable of self-preservation or who are
harmful to themselves or others.
[Added 6-12-2021 ATM by Art. 41]
DOCK OR PIER
Any structure, floating or fixed, attached or adjacent to
land, and placed in or and extending into coastal inland waters (in
the case of tidal waters, seaward of the mean high tide line) which
is restricted to waterfront owners for their use and is designed,
or is suitable for access to vessels, for swimming or any other similar
purpose.
[Added 5-9-1989 ATM by Art. 19; amended 4-7-2005 ATM by Art.
20; 6-12-2021 ATM
by Art. 41]
DORMITORY
A space in a building where group sleeping accommodations
are provided in one room, or in a series of closely associated rooms,
for persons not members of the same family group, under joint occupancy
and single management, as in college dormitories or fraternity houses.
[Added 6-12-2021 ATM by Art. 41]
DWELLING
A building designed or used exclusively as the living quarters
for one or more families.
DWELLING CONVERSION
Alteration of a single-family dwelling existing prior to January 1, 1940, to accommodate more families than the number for which it was used or designed at the adoption of this provision; in any event not to exceed the provisions of §
198-32.1.
[Amended 5-8-1998 STM by Art. 28]
DWELLING, SEMIDETACHED
Two single-family dwelling units separated by a fire-resisting
division wall or partition with no openings, constructed with noncombustible
finish on both faces and with a solid fill of noncombustible material
between the structural members of the wall or partition.
DWELLING, SINGLE-FAMILY
A building occupied by a single family and having no parting
walls or walls in common with an adjacent structure.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provision for living,
sleeping, eating cooking and sanitation.
[Amended 6-12-2021 ATM by Art. 41]
EARTH REMOVAL
Extraction of sand, gravel, topsoil or other earth for sale
or for use at a site removed from the place of extraction, exclusive
of the grading of a lot preparatory to the construction of a building
for which a building permit has been issued or grading of streets
in accordance with an approved definitive plan.
ELEVATION
The view of the side, front or rear of a given structure.
[Added 5-2-1998 STM by Art. 29]
ERECT
To build, construct, reconstruct, move upon or conduct any
physical development of the premises required for a building. To excavate,
fill, drain and like preparation for building shall also be considered
"to erect."
EXTENDED DETENTION POND
An enhanced detention pond that provides both flood control
and treatment of the first flush of stormwater runoff. Storage time
for the first flush is a minimum of 48 hours.
[Added 5-1-1999 ATM by Art. 9]
FACADE-MOUNT ANTENNAS
One or more antennas or panels mounted on the facade of an
existing building or structure, including accessory equipment and
cables, if any, which facilitate the provision or wireless telecommunications
services.
[Added 11-6-1997 STM by Art. 20]
FAMILY
Any number of individuals living and cooking together on
the premises as a single housekeeping unit.
FARM WITHOUT LIVESTOCK
Premises containing at least five acres which are used for
gain in raising of agricultural products, including necessary farm
structures and equipment. "Without livestock" means having no fur-bearing
animals, hogs or animals for hire; no more than one horse, cow, goat
or sheep; and no more than 10 poultry.
[Added 3-25-1967 ATM by Art. 57]
FIRST FLUSH
The volume generated by the first 1.25 inches of stormwater
runoff. This first 1.25 inches of runoff carries the majority of accumulated
pollutants from impervious surfaces. The first flush treatment volume
in cubic feet (V
t) is determined by the following
formula:
[Added 5-1-1999 ATM by Art. 9]
|
Vt = (1.25/12 inches)(Rv)(Site Area in square
feet)
|
---|
|
Where:
|
---|
|
Rv = 0.05 + 0.009(I)
|
---|
|
I = the % impervious area. Impervious area is
defined as any manmade cover that is not vegetated. In residential
areas, the % impervious is obtained from the TR-55 Table Runoff Curve
Numbers for Urban Areas, Residential District by Average Lot Size.
|
FLAG
Any fabric or similar lightweight material attached at one
end of the material, usually to a staff or pole, so as to allow movement
of the material by atmospheric changes and which contains distinctive
colors, patterns, symbols, emblems, insignia or other symbolic devices.
[Added 5-2-1998 STM by Art. 29]
FLASHING SIGN
A directly or indirectly illuminated sign which exhibits
changing light or color effect by any means so as to provide intermittent
illumination which includes the illusion of intermittent flashing
light by means of animation. Also any mode of lighting which resembles
zooming, twinkling or sparkling; does not include electronic message
signs displaying text.
[Added 5-2-1998 STM by Art. 29]
FLOOR AREA, GROSS
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, including
the area of the basement not more than 50% below grade, roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of the walls, with no deductions for hallways, stairs, closets,
thickness of walls, columns, or other features.
[Amended 6-8-2002 ATM by Art. 7]
FLOOR AREA, NET
The actual occupied area not including accessory unoccupied
areas such as but not limited to hallways, stairs, atriums, closets,
or thickness of walls.
[Added 6-8-2002 ATM by Art. 7]
FOREBAY
A storage area provided near a BMP inlet to trap incoming
sediments before they accumulate in a basin/pond BMP.
[Added 5-1-1999 ATM by Art. 9]
FOSTER CARE FACILITIES
Facilities that provide care to more than five children,
2 1/2 years of age or less.
[Added 6-12-2021 ATM by Art. 41]
FREESTANDING SIGN
Any sign not attached or part of any building, but separate
and affixed in or upon the ground.
[Added 5-2-1998 STM by Art. 29]
GASOLINE SERVICE STATION
Any building, land area or other premises or portion thereof
used for the retail dispensing or sales of vehicular fuels, whether
as the principal or accessory use.
[Added 5-2-1998 STM by Art. 29]
GOLF COURSE
An unlighted area of at least 30 acres with nine or more
standard holes and customary accessory buildings. Other golf facilities
with less acreage or lighted facilities shall be considered as outdoor
commercial recreation.
[Amended 12-10-1992 STM by Art. 1]
GRADE
Construed to be the final ground elevation after construction.
Earth-mounding criteria for landscaping and screening is not part
of the final grade for sign height computation.
[Added 5-2-1998 STM by Art. 29]
GROUP HOME
A facility for social rehabilitation, substance abuse or
mental health problems that contains a group housing arrangement that
provides custodial care but does not provide medical care.
[Added 6-12-2021 ATM by Art. 41]
GUEST ROOM
A room used or intended to be used by one or more guests
for living or sleeping purposes.
[Added 6-12-2021 ATM by Art. 41]
HALFWAY HOUSE
A place for helping people adjust to society after being
imprisoned, hospitalized, etc.
[Added 6-12-2021 ATM by Art. 41]
HALO LIGHTING
Light showing from the back of or from within a letter or
graphic shape out towards the surface that the letter or graphic is
mounted on without having any light visible through the face of the
letter or graphic.
[Added 5-2-1998 STM by Art. 29]
HEIGHT
The height of a wind turbine measured from natural grade
to the tip of the rotor blade at its highest point, or blade-tip height.
This measure is also commonly referred to as the "maximum tip height
(MTH)."
[Added 5-4-2013 ATM by Art. 19]
HEIGHT OF SIGN
The height of the sign shall be computed as the vertical
distance measured from the base of the sign at grade to the top of
the highest attached component of the sign.
[Added 5-2-1998 STM by Art. 29]
HISTORIC OR COMMEMORATIVE PLAQUE
Any building sign indicating the name of a building, the
date of erection and incidental information about its construction.
[Added 5-2-1998 STM by Art. 29]
HOME IMPROVEMENT SIGN
Any temporary sign which identifies and announces the construction
company responsible for the home improvement of the property.
[Added 5-2-1998 STM by Art. 29]
HOME OCCUPATION
A business or profession conducted in part or in whole in
a residence by a resident thereof.
[Added 3-25-1967 ATM by Art. 55]
HOSPITAL
Facility for the care and treatment of patients as licensed
by the Massachusetts Department of Health.
HOSPITALS AND PSYCHIATRIC HOSPITALS
Facilities that provide care or treatment for the medical,
psychiatric, obstetrical, or surgical treatment of care recipients
who are incapable of self-preservation.
[Added 6-12-2021 ATM by Art. 41]
HYDROLOGIC SOIL GROUP
A soil characterization classification system defined by
the United States Soil Conservation Service. Soils within the same
group have the same runoff potential under similar storm and cover
conditions.
[Added 5-1-1999 ATM by Art. 9]
IDENTIFICATION SIGN
Any sign which is used to distinguish a site as determined
by the owner or agent of the site.
[Added 5-2-1998 STM by Art. 29]
ILLUMINATED SIGN
Any sign which contains an element designed to emanate artificial
light internally or externally.
[Added 5-2-1998 STM by Art. 29]
IMPERVIOUS AREA
The portion of the site that is covered by material that
does not allow surface water to penetrate into the soil.
[Added 5-1-1999 ATM by Art. 9]
INCAPABLE OF SELF-PRESERVATION
Persons who, because of age, physical limitations, mental
limitations, chemical dependency or medical treatment, cannot respond
as an individual to an emergency situation.
[Added 6-12-2021 ATM by Art. 41]
INTENDED TO BE OCCUPIED AS A RESIDENCE
This refers to a dwelling unit or sleeping unit that can
or will be used all or part of the time as the occupant's place of
abode.
[Added 6-12-2021 ATM by Art. 41]
INTERNAL ILLUMINATION
An internally illuminated graphic is one with the light source
concealed or contained within the graphic itself and which becomes
visible in darkness by shining through a surface.
[Added 5-2-1998 STM by Art. 29]
ISSUING AUTHORITY
The Town of Fairhaven Building Commissioner or other person
designated by the Fairhaven Board of Selectmen.
[Added 5-2-1998 STM by Art. 29]
JUNK
Any article or material or collection thereof which is worn
out, cast off or discarded and which is ready for destruction or has
been collected or stored for salvage or conversion. 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."
JUNKYARD
The use of any lot, whether inside or outside a building
for the storage, keeping or abandonment of junk or scrap or discarded
materials, or the dismantling, demolition or abandonment of automobile(s)
or other vehicle(s), boats or machinery, or parts thereof.
LEGALLY ESTABLISHED NONCONFORMING SIGN
Any sign and its support structure lawfully erected prior
to the effective date of this chapter which fails to conform to the
requirements of this chapter. A sign which was erected in accordance
with a variance granted prior to the adoption of this chapter and
which does not comply with this chapter shall be deemed to be a legal
nonconforming sign. A sign which was unlawfully erected shall be deemed
to be an illegal sign.
[Added 5-2-1998 STM by Art. 29]
LIMOUSINE SERVICE
The keeping and maintenance of motor vehicles for hire.
[Added 12-10-1992 STM by Art. 1]
LINEAL BUILDING FRONTAGE
The length of a ground level straight line or lines parallel
to and equaling the length of the building front that includes the
main public entrances, the side of the building fronting on the principal
roadway. In the case of a multi-unit development, the frontage of
each separate building is additive for the purpose of determining
permissible sign area.
[Added 5-2-1998 STM by Art. 29]
LIVESTOCK RAISING
The keeping or raising of any fur-bearing animals, hogs or
animals for hire or horses cows, goats, sheep or poultry.
[Added 3-25-1967 ATM by Art. 57; amended 5-14-1977 ATM by Art.
42]
LODGING HOUSE
A one-family dwelling with five or fewer guest rooms where
one or more occupants are primarily permanent in nature and compensation
is provided for the guest rooms. A building licensed as a "lodging
house" in accordance with MGL c. 140, §§ 22 through
31, shall comply with 780 CMR requirements according to its appropriate
use and occupancy classification.
[Added 6-12-2021 ATM by Art. 41]
LOT
A continuous parcel of land with legally definable boundaries.
LOT, CORNER
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting a curved street
shall be considered a "corner lot" if the tangents to the curve at
the point of intersection of the front lot line and each side lot
line form an interior angle of less than 135°.
LOT COVERAGE
The percentage of the horizontal area of a lot which is covered
or proposed to be covered, by impervious materials (for example, concrete,
bituminous asphalt, oil and stone and the like), including but not
limited to buildings, driveways, parking areas, walkways, tennis courts,
swimming pools (above or below ground), hot tubs, uncovered patios,
freestanding decks not used for access and egress to a building or
other similar surfaces, but not including materials naturally occurring
on site (for example, preexisting stone or ledge) and not include
living plant materials. All surfaces constructed of permeable materials
(for example, gravel, pea-stone and the like) shall be excluded from
the calculation of lot coverage.
[Added 2-11-2004 STM by Art. 14]
LOT FRONTAGE
That portion of a lot fronting upon a street or public way,
to be measured continuously along one street line between its side
lot lines and their intersection with the street line.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets.
MANSARD AND PARAPET SIGNS
A sign permanently affixed to a wall or surface designed
to protect the edge of a roof.
[Added 5-2-1998 STM by Art. 29]
MANUFACTURING
Fabrication, assembly, finishing, packaging, processing or
research, including the processing or preparation of food, but not
including the processing or preparation of food for individual service:
[Amended 5-5-1990 ATM by Art. 9]
(1)
For consumption on the premises;
(2)
For sale and delivery on the premises to the
consumer for preparation or consumption off the premises; or
(3)
For sale and delivery by the processor or the
preparer off the premises to the consumer for consumption at the point
of delivery.
MARIJUANA
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin,
including tetrahydrocannabinol as defined in MGL c. 94C, § 1;
provided, however, that "marijuana" shall not include (1) the mature
stalks of the plant, fiber produced from the stalks, oil, or cake
made from the seeds of the plant, any other compound, manufacture,
salt derivative, mixture or preparation of the mature stalks, fiber,
oil or cake made from the seeds of the plant or the sterilized seed
of the plant that is incapable of germination; (2) hemp; or (3) the
weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink or other products. Marijuana
also includes marijuana products except where the context clearly
indicates otherwise.
[Added 2-12-2014 STM
by Art. 8; amended 11-13-2018 STM
by Art. 9]
(1)
HEMPThe plant of the genus Cannabis or any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis of any part of the plant of the genus Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content.
MARIJUANA ESTABLISHMENT
A marijuana retailer, marijuana product manufacturer, marijuana
cultivator, craft marijuana cultivator cooperative, independent testing
laboratory, standards laboratory, research facility, marijuana micro-business,
marijuana transporter, or any other type of marijuana-related business,
including a medical marijuana treatment center, that has been duly
licensed by the Massachusetts Cannabis Control Commission or relevant
state agency.
[Added 11-13-2018 STM
by Art. 9]
(1)
MARIJUANA RETAILERAn entity licensed to purchase and transport cannabis or marijuana product from marijuana establishments, and to sell or otherwise transfer this product to marijuana establishments, and to sell this product to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers, and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment. A marijuana retailer is an entity authorized to purchase and deliver marijuana and marijuana products from marijuana establishments and to sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
(2)
MEDICAL MARIJUANA TREATMENT CENTERAn entity registered by the state under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medical use.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, oils and tinctures.
[Added 11-13-2018 STM
by Art. 9]
MARINA
Facilities and operations to accommodate as principal use:
[Added 3-18-1967 STM by Art. 6]
(1)
Landing, launching and mooring of boats.
(2)
Minor repairs and servicing of boats and equipment
only while afloat and to accommodate as accessory uses to the above
only.
(3)
Retail sale at dockside of boat supplies and
of accessories and bait displayed and sold only within a building.
(4)
Renting of boats, accessories and fishing tackle.
MARQUEE
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of a building, generally
designed and constructed to provide protection from the weather.
[Added 5-2-1998 STM by Art. 29]
MARQUEE SIGN
A sign painted on, attached to or consisting of interchangeable
letters on the face of a permanent overhanging shelter which projects
from the face of a building.
[Added 5-2-1998 STM by Art. 29]
MEDICAL CARE
Care involving medical or surgical procedures, nursing or
for psychiatric purposes.
[Added 6-12-2021 ATM by Art. 41]
MEDICAL MARIJUANA FACILITY
A "medical marijuana treatment center" to mean a not-for-profit
entity, as defined by Massachusetts law only, registered under this
law, 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, products containing marijuana, related supplies, or educational
materials to qualifying patients or their personal caregivers. These
facilities shall be located inside a structure or building.
[Added 2-12-2014 STM by Art. 8]
MESSAGE CENTER
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A message center sign may be either electronically
or manually changed, provided that no moving letter signs in which
the letters change more often than once per hour, except for time
or temperature shall be permitted.
[Added 5-2-1998 STM by Art. 29]
METEOROLOGICAL (MET) TOWER
A group of instruments (including anemometers and wind vanes)
that collectively measure various meteorological parameters such as
wind speed, wind direction, and temperature at various heights above
the ground.
[Added 5-4-2013 ATM by Art. 19]
MOBILE HOME
A movable or portable dwelling built on a chassis, connected
to utilities and designed without necessity of a permanent foundation
for year-round living.
[Added 3-22-1969 ATM by Art. 56]
MOTEL or HOTEL
Residential occupancies containing sleeping units where the
occupants are primarily transient in nature.
[Added 4-16-1975 ATM by Art. 57; amended 6-12-2021 ATM by Art. 41]
MULTIPLE TENANT SITE
Any site which has more than one tenant, and each tenant
has a separate ground level exterior public entrance.
[Added 5-2-1998 STM by Art. 29]
MULTISTORY UNIT
A dwelling unit or sleeping unit with habitable space located
on more than one story.
[Added 6-12-2021 ATM by Art. 41]
MUNICIPAL USE
Premises used for any operation by the Town government, except
as elsewhere more specifically defined.
MURAL
A work of graphic art painted or applied to a building wall(s)
which contains no advertising or logos.
[Added 5-2-1998 STM by Art. 29]
NACELLE
The enclosure located at the top of a wind turbine tower
that houses the gearbox, generator and other equipment.
[Added 5-4-2013 ATM by Art. 19]
NAME PLATE
Any sign which designates the name, using plates, of the
person(s) occupying the premises.
[Added 5-2-1998 STM by Art. 29]
NEIGHBORHOOD SIGN
A permanent sign designed to identify a residential subdivision.
[Added 5-2-1998 STM by Art. 29]
NONCONFORMING USE OF LAND OR BUILDING
A building or land lawfully occupied at the time of adoption
of this chapter and of any amendments thereto by a use that does not
conform to the adopted regulations of the district in which it is
situated.
NONFAMILY ACCOMMODATIONS
Boardinghouses, lodging houses, guesthouses, tourist homes,
dormitories or similar accommodations. Accommodations shall be considered
hotels or motels if having a sign in excess of two square feet or
other departure from residential character or if having a specified
term of residence of less than one week, except where there is a resident
family on the premises and accommodations for fewer than 10 nonresidents.
Accommodations having individual kitchen facilities (two or more of
the following: stove, refrigerator, sink) shall be considered dwelling
units.
[Added 4-16-1975 ATM by Art. 57]
NURSING, CONVALESCENT OR REST HOME
Incapable self-preservation. Premises for the care of three
or more persons as licensed by the Massachusetts Department of Public
Health.
[Amended 6-12-2021 ATM by Art. 41]
NURSING HOMES
Facilities that provide care, including both intermediate
care facilities and skilled nursing facilities where any of the persons
are incapable of self-preservation.
[Added 6-12-2021 ATM by Art. 41]
OCCUPANT LOAD
The number of persons for which the means of egress of a
building or portion thereof is designed.
[Added 6-12-2021 ATM by Art. 41]
OCCUPIABLE SPACE
A room or enclosed space designed for human occupancy in
which individuals congregate for amusement, educational or similar
purposes or in which occupants are engaged at labor, and which is
equipped with means of egress and light and ventilation facilities
meeting the requirements of this code.
[Added 6-12-2021 ATM by Art. 41]
OFFICIAL SIGNS AND NOTICES
A sign erected and maintained within the public right-of-way,
to indicate to the traveling public the route and distance to public
accommodations, facilities, commercial services and points of scenic,
historical, cultural, recreational, educational or religious interest.
Such signs shall conform to all applicable state regulations regarding
the placement of signs in public rights-of-way, and all traffic control
signs shall be consistent with the Manual on Uniform Traffic Control
Devices.
[Added 5-2-1998 STM by Art. 29]
OFF-PREMISES SIGN
A sign unrelated to a business or a profession conducted,
or to a commodity or service sold or offered, upon the premises where
such sign is located.
[Added 5-2-1998 STM by Art. 29]
ON-SITE SOLAR PHOTOVOLTAIC ENERGY FACILITIES SPEF
A solar photovoltaic system that is structurally or ballast
mounted on the ground at a location where other uses of the underlying
property occur and the electrical output is primarily for use on site.
[Added 5-4-2013 STM by Art. 8]
OPAQUE SIGN FACE
The nontransparent face for an internally illuminated sign.
Illumination shall be emitted only for the name, trademark, logo,
distinctive symbol or other similar device, thing or text used to
identify a particular business, institution, activity, place, person,
product or service.
[Added 5-2-1998 STM by Art. 29]
OPEN SPACE
Unoccupied space free of all structures, parking, pavement
or other conditions precluding landscaping, maintained with grass
or other plant material.
OWNER
Any person, agent, operator, entity, firm or corporation
having any legal or equitable interest in the property; or recorded
in the official records of the state, county or municipality as holding
an interest or title to the property; or otherwise having possession
or control of the property, including the guardian of the estate of
any such person, and the executor or administrator of the estate of
such person if ordered to take possession of real property by a court.
[Added 6-12-2021 ATM by Art. 41]
PARAPET (WALL)
That portion of a building wall that rises above the roof
level.
[Added 5-2-1998 STM by Art. 29]
PARKING SPACE
Space adequate to park a standard automobile, plus means
of access. Marked spaces shall be not less than nine feet by 20 feet.
Where spaces are not marked, each space shall be assumed to require
350 square feet.
[Added 3-22-1969 ATM by Art. 56]
PEAK DISCHARGE
The maximum rate of flow during a storm, usually in reference
to a specific design storm event (i.e., two-year, ten-year, twenty-five-year,
one-hundred-year, twenty-four-hour storm event).
[Added 5-1-1999 ATM by Art. 9]
PERMANENT SIGN
A nontemporary sign designed and intended for long-term use.
[Added 5-2-1998 STM by Art. 29]
PERSONAL CARE SERVICE
The care of persons who do not require medical care. Personal
care involves responsibility for the safety of the persons while inside
the building.
[Added 6-12-2021 ATM by Art. 41]
PHILANTHROPIC INSTITUTION
An endowed or charitably supported nonprofit religious or
nonsectarian activity maintained for public or semipublic use.
POLITICAL CAMPAIGN SIGN
A temporary sign used in connection with a local, state or
national election or referendum.
[Added 5-2-1998 STM by Art. 29]
POLITICAL SIGN
Any sign posted by a person or group promoting a political
issue, commenting on issues or promoting opinions.
[Added 5-2-1998 STM by Art. 29]
PORCH, COVERED
Part of a structure having a roof and floor, either with
or without enclosing walls or windows.
PORTABLE BILLBOARD SIGN
Any sign which is manifestly designed to be transported,
including by trailer or on its own wheels, even though the wheels
of such sign may be removed and the remaining chassis or support is
converted to an A- or T-frame sign or attached temporarily or permanently
to the ground since this characteristic is based on the design of
such a sign.
[Added 5-2-1998 STM by Art. 29]
PRICE SIGN
A permanently mounted sign displaying the retailing cost
of gasoline on the premises of a service station.
[Added 5-2-1998 STM by Art. 29]
PRINCIPAL BUILDING
The building in which the principal primary use of the lot
is conducted. Lots with multiple principal uses may have multiple
principal buildings, but storage buildings, garages and other clearly
accessory uses shall not be considered principal buildings.
[Added 5-2-1998 STM by Art. 29]
PROJECTING SIGN
Any sign which is affixed to a building or wall in such a
manner that its leading edge extends more than 16 inches beyond the
surface or such building or wall face.
[Added 5-2-1998 STM by Art. 29]
PROMOTIONAL SALE SIGN
A temporary banner promoting products, goods or services.
[Added 5-2-1998 STM by Art. 29]
PROPERTY OWNER
Legal owner of property as officially recorded by Bristol
County.
[Added 5-2-1998 STM by Art. 29]
PUBLIC BUILDING
A nonresidential building, owned by any governmental agency,
which is primarily used for governmental purposes.
[Added 5-2-1998 STM by Art. 29]
PUBLIC NOTICES
Official notices posted by public officers, employees or
their agents in the performance of their duties, or as directed by
such officers, employees or agents.
[Added 5-2-1998 STM by Art. 29]
PUBLIC STREET LINE
A line demarcated by the nearest edge of pavement for a paved
street.
[Added 5-2-1998 STM by Art. 29]
PUBLIC UTILITY SIGNS
Warning signs, notices or markers which are customarily erected
and maintained by public or privately owned public utilities as essential
to their operations.
[Added 5-2-1998 STM by Art. 29]
PUMP ISLAND SIGN
Any sign either affixed directly to a gasoline pump or otherwise
attached to the pump or pump island.
[Added 5-2-1998 STM by Art. 29]
RATED NAMEPLATE CAPACITY (SPEF)
The maximum rated output of electric power production of
the photovoltaic system in direct current (AC).
[Added 5-4-2013 ATM by Art. 8]
RATED NAMEPLATE CAPACITY (WEF)
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a nameplate
attached on the equipment.
[Added 5-4-2013 STM by Art. 19]
RADIO TRANSMISSION
Premises used for the commercial transmission of radio or
television, not including studios.
REAL ESTATE SIGN
Any temporary sign which announces the sale, rental or lease
of property by the owner or real estate company.
[Added 5-2-1998 STM by Art. 29]
RECREATION, INDOOR COMMERCIAL
Theater, bowling alley, video/pinball arcade, roller-skating
rink, ice-skating rink or other commercial recreation or entertainment
carried on wholly in an enclosed building.
[Amended 12-10-1992 STM by Art. 1]
RECREATION, OUTDOOR COMMERCIAL
Drive-in theater, golf driving range, miniature golf course,
pitch and putt, skateboard park, bathing beach or other commercial
recreation activities not more specifically defined elsewhere in this
chapter.
[Amended 12-10-1992 STM by Art. 1]
RELIGIOUS WORSHIP, PLACE OF
A building or portion thereof intended for the performance
of religious services.
[Added 6-12-2021 ATM by Art. 41]
REPRESENTATIONAL SIGN
A three-dimensional sign built so as to physically represent
the object advertised.
[Added 5-2-1998 STM by Art. 29]
RESIDENTIAL SIGN
Any sign located in a district zoned for residential uses.
[Added 5-2-1998 STM by Art. 29]
ROADSIDE STAND, PERMANENT
A structure open to the weather left in place year round,
used for seasonal sale of raw produce, the major portion of which
is raised on the premises.
ROOF
The exterior surface and its supporting structure on the
top of a building or structure, the structural make-up of which conforms
to the roof structures, roof construction and roof covering sections
of the Uniform Building Code.
[Added 5-2-1998 STM by Art. 29]
ROOF LINE
The uppermost edge of the roof or, in the case of an extended
facade or parapet, the uppermost height of said facade.
[Added 5-2-1998 STM by Art. 29]
ROOF SIGN
Any sign erected and constructed wholly on and above the
roof of a building, supported by the roof structure, and extending
vertically above the highest portion of the roof.
[Added 5-2-1998 STM by Art. 29]
ROOF SIGN, INTEGRAL
Any building sign erected or constructed as an integral or
essentially integral part of a normal roof structure of any design
so that no part of the sign extends vertically above the highest portion
of the roof and so that no part of the sign is separated from the
rest of the roof by a space of more than six inches.
[Added 5-2-1998 STM by Art. 29]
ROTATING SIGN
A sign or portion of a sign which turns about on an axis.
[Added 5-2-1998 STM by Art. 29]
SCHOOL, NURSERY
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
SCHOOL, OTHER
An educational institution which is religious, sectarian,
denominational or public.
SCHOOL, PRESCHOOL
Includes child-care facility, preschool and school-age child-care
facility.
[Added 12-10-1992 STM by Art. 1]
SERVICE AREA CANOPY
Any structural protective cover that is not enclosed on any
of its four sides and is provided for the service area designated
for the dispensing or installation of gasoline, oil, antifreeze, headlights,
wiper blades and other similar products and the performance of minor
services for customers as related to said dispensing or installation.
[Added 5-2-1998 STM by Art. 29]
SERVICE AREA CANOPY SIGN
Any sign that is part of or attached to the service area
canopy.
[Added 5-2-1998 STM by Art. 29]
SHADOW FLICKER
The moving shadows cast by rotating wind turbine blades that
cause a flickering effect.
[Added 5-4-2013 ATM by Art. 19]
SHIMMERING SIGNS
A sign which reflects an oscillating, sometimes distorted,
visual image.
[Added 5-2-1998 STM by Art. 29]
SIGN
Any structure, fixture, placard, announcement, declaration,
device, demonstration or insignia used for direction, information,
identification or to advertise or promote any business, product, goods,
activity, services or any interests.
[Added 3-25-1967 by Art. 56; amended 5-2-1998 STM by Art. 29]
SIGN FACE
The surface of the sign upon, against or through which the
message of the sign is exhibited.
[Added 5-2-1998 STM by Art. 29]
SIGN STRUCTURE
Any structure including the supports, uprights, bracing and
framework which supports or is capable of supporting any sign.
[Added 5-2-1998 STM by Art. 29]
SITE
A plot or parcel of land, or combination of contiguous lots
or parcels of land, which are intended, designated and/or approved
to function as an integrated unit.
[Added 5-2-1998 STM by Art. 29]
SLEEPING UNIT
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
[Added 6-12-2021 ATM by Art. 41]
SPANDREL
A roof-like structure that covers the gasoline pump dispenser
below a service area canopy and which is a lighting source for the
dispensing area, serves to identify the gasoline pumps by numerical
designation and may display signage.
[Added 5-2-1998 STM by Art. 29]
SPANDREL SIGN
Any sign that is a part of or attached to the spandrel.
[Added 5-2-1998 STM by Art. 29]
SPORTSMAN'S CLUB
A club whose primary purpose is conservation, hunting or
fishing.
STABLE, PUBLIC
A building in which two or more horses are kept for remuneration,
hire or sale.
STREET
Either a public way or a way which the Town Clerk certifies
is maintained and used as public way or a way shown on a plan therefore
approved in accordance with the Subdivision Control Law, or a way in existence when the Subdivision Control Law
became effective in Fairhaven, having in the opinion of the Planning
Board sufficient width, suitable grades and adequate construction
in relation to the proposed use of land abutting thereon or served
thereby, and for the installation of municipal services to serve such
land and the building erected or to be erected thereon. Interstate
Route 195 shall not be considered a "street" for the purpose of determining
whether a yard constitutes a front yard.
STREET GRADE
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken at "street grade."
STRINGER
A line of string, rope, cording or an equivalent to which
is attached a number of pennants.
[Added 5-2-1998 STM by Art. 29]
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground, or attached to something located on the ground,
except a boundary wall or fence.
SUBSTANTIAL EVIDENCE
Such evidence as a reasonable mind might accept as adequate
to support a conclusion.
[Added 5-4-2013 ATM by Art. 19]
SUMMER CAMPS FOR CHILDREN
Premises with residential facilities operated solely between
April and October for recreational and other purposes. For requirements,
see Section 429.
[Added 6-12-2021 ATM by Art. 41]
SUSPENDED SIGN
Any building sign that is suspended from the underside of
a horizontal plane surface and is connected to this surface.
[Added 5-2-1998 STM by Art. 29]
SWIMMING POOL
Any constructed pool, located above or below the ground,
whether portable or fixed, used or capable of being used for swimming,
wading or bathing purposes. Pools having a depth of four feet or more
and having a capacity of 400 cubic feet or more in volume shall be
considered structures.
[Added 3-25-1967 ATM by Art. 57]
TEMPORARY SIGN
Any sign or sign structure which is not permanently affixed
or installed and is intended to be displayed for a limited period
only. Examples of such signs include, but are not limited to, the
following: real estate, construction, special event, political, garage
sale, home improvement/remodeling, model home and seasonal (holiday)
signs, banners and portable billboard signs.
[Added 5-2-1998 STM by Art. 29]
TEMPORARY STRUCTURES
An accessory tent or construction shanty (180 days subject
to 780 CMR 527 ) to be used for less than one year.
[Amended 6-12-2021 ATM by Art. 41]
TOTAL SITE SIGNAGE
The maximum permitted combined area of all on-premise signs
allowed on a specific property.
[Added 5-2-1998 STM by Art. 29]
TOWNHOUSE
A single-family dwelling unit constructed in a group of three
or more attached units in which each unit extends from the foundation
to roof and with open space on at least two sides.
[Added 6-12-2021 ATM by Art. 41]
TRANSIENT
Occupancy of a dwelling unit or sleeping unit for not more
than 30 days.
[Added 6-12-2021 ATM by Art. 41]
TR-20
A NRCS hydrology procedure for complex watersheds. The computer
program calculates runoff volumes, peak discharges and hydrographs
at various locations in the watershed. Design storms and actual rainfall
events can be analyzed.
[Added 5-1-1999 ATM by Art. 9]
TR-55
Presents simplified hydrology procedures to calculate runoff
volumes and peak discharge in small watersheds. It is based on TR-20
hydrology procedures and actual TR-20 computer runs.
[Added 5-1-1999 ATM by Art. 9]
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
UTILITY TRAILER
A towed vehicle for transportation of goods or animals but
not intended for human occupancy.
[Added 3-22-1969 ATM by Art. 56]
VARIANCE
The Board of Appeals may grant upon petition after a public
hearing for which notice has been given by publication and posting
as provided in Section 11 and by mailing to all parties in interest to grant upon
appeal or upon petition with respect to particular land or structures
a variance from the terms of the applicable zoning ordinance or bylaw
where such permit granting authority specifically finds that owing
to circumstances relating to the soil conditions, shape, or topography
of such land or structures and especially affecting such land or structures
but not affecting generally the zoning district in which it is located,
a literal enforcement of the provisions of the ordinance or bylaw
would involve substantial hardship, financial or otherwise, to the
petitioner or appellant, and that desirable relief may be granted
without substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of such ordinance
or bylaw (per Chapter 40A Section 10).
[Added 6-12-2021 ATM by Art. 41]
VISIBLE
Capable of being seen by a person of normal visual acuity
(whether legible or not) without visual aid.
[Added 5-2-1998 STM by Art. 29]
WALL
Any structure which defines the exterior boundaries or courts
of a building or structure and which has a slope of 60° or greater
with the horizontal plane.
[Added 5-2-1998 STM by Art. 29]
WALL SIGN
Any building sign attached parallel to, but within 16 inches
of a wall, painted on the wall surface of, or erected and confined
within the limits of an outside wall of any building or structure,
which is supported by such wall or building, and which displays only
one sign surface.
[Added 5-2-1998 STM by Art. 29]
WAREHOUSE
Indoor storage of goods for distribution but not for sale
on the premises.
WHOLESALING
Sale of commodities in quantity for resale or further processing.
WIND ENERGY FACILTY (WEF)
All equipment, machinery and structures utilized in connection
with wind-generated energy production and generation, including related
transmission, distribution, collection, storage or supply systems
whether underground, on the surface, or overhead and other equipment
or byproducts in connection therewith and the sale of the energy produced
thereby, including, but not limited to, wind turbine (rotor, electrical
generator and tower), anemometers (wind measuring equipment), transformers,
substation, power lines, control and maintenance facilities, site
access and service roads.
[Added 5-4-2013 ATM by Art. 19]
WIND ENERGY FACILTY (WEF) - BUILDING INTEGRATED
A WEF shall be considered to be building integrated if it
is designed to be permanently mounted on a building or other inhabitable
structure. This definition applies to wind turbines of any capacity
that are designed to be operated in direct contact with a building.
This definition also covers, for the purposes of this zoning provision,
other wind energy facilities primarily used for land-based applications
which may be permanently mounted and operated on a building.
[Added 5-4-2013 ATM by Art. 19]
WIND ENERGY FACILTY (WEF) - ON-SITE
A WEF that will generate electricity to provide for the on-site
load and may be grid-tied with a total rated nameplate capacity not
to exceed 200kW.
[Added 5-4-2013 ATM by Art. 19]
WIND ENERGY FACILTY (WEF) - SMALL WIND ENERGY SYSTEM
All equipment, machinery and structures utilized in connection
with the conversion of kinetic energy of wind into electrical power.
This includes, but is not limited to, storage, electrical collection
and supply equipment, and one or more wind turbines, which have a
total rated nameplate capacity of not more than 10kW.
[Added 5-4-2013 ATM by Art. 19]
WINDOW SIGN
Any building sign, pictures, symbol or combination thereof,
designed to communicate information about an activity, business, commodity,
event, sale or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
[Added 5-2-1998 STM by Art. 29]
WIRELESS COMMUNICATION FACILITY
A freestanding tower or monopole, or an antenna array attached
to the roof or highest point of an existing building or structure,
including accessory antennas, structures, cables and equipment, if
any, which facilitate the provision of wireless communication services.
[Added 11-6-1997 STM by Art. 20]
WIRELESS COMMUNICATION SERVICES
The provision of the following types of services: cellular
telephone service, personal communications and enhanced specialized
mobile radio service.
[Added 11-6-1997 STM by Art. 20]
YARD
A unoccupied space, open to the sky, on the same lot with
the building or structure.
YARD, FRONT
The required open unoccupied space within the lot extending
the full width of the lot and located between the street line and
the minimum district "front yard" requirement. Eaves and stairs are
exempt from this requirement.
[Amended 12-10-1992 STM by Art. 1]
YARD, REAR
The required open unoccupied space within the lot extending
the full with of the lot and located between the rear line of the
lot and the minimum district "rear yard" requirement. Eaves and stairs
are exempt from this requirement.
[Amended 12-10-1992 STM by Art. 1]
YARD, SIDE
The required open unoccupied space extending from the side
lot line the full width of the minimum district side lot requirement
and located between the minimum district front and rear yard requirement.
Eaves and stairs are exempt from this requirement.
[Amended 12-10-1992 STM by Art. 1]