The purpose of this Zoning Bylaw is to promote
the health, safety, convenience, morals and welfare of the inhabitants
of the Town of Franklin, to lessen the danger from fire and congestion,
to encourage the most appropriate use of land and to improve the Town
under the provisions of Chapter 40A of the General Laws, and of Article
89 of the Amendments to the Constitution. For this purpose, the use,
construction, repair, alteration, height, area and the location of
buildings and structures and the use of premises in the Town of Franklin
are regulated as hereinafter provided.
All buildings or structures hereafter erected,
reconstructed, altered, enlarged or moved or all uses of premises
in the Town of Franklin shall be in conformity with the provisions
of this chapter. Any building, structure or land shall not be used
for any purpose or in any manner other than is permitted in the district
in which such building, structure or land is located. Any use not
specifically listed or otherwise permitted in a district herein established
shall be deemed prohibited.
In this chapter, the following terms, unless
a contrary meaning is required by the context or is specifically prescribed,
shall have the following meanings:
A building or other structure that is incidental, subordinate
and reasonably related to the principal building on the property and
is physically detached from the principal building. Accessory buildings
and structures must be on the same property as the building to which
they are accessory.
[Added 8-8-2018 by Bylaw
Amendment 18-810]
A self-contained dwelling unit, inclusive of sleeping, cooking,
and sanitary facilities, incorporated within a lawful principal single-family
or two-family dwelling or within a detached building accessory to
and on the same lot and in the same ownership as a lawful principal
single-family or two-family dwelling use. The owner of record shall
live on the property. The ADU shall maintain two means of egress,
either directly from the outside, or through an entry hall or corridor
shared with the principal dwelling, sufficient to meet the requirements
of the State Building Code. The ADU shall be no smaller than what
is allowed by State Building Code Regulations, no larger than 900
square feet or 50% of the principal unit, whichever is less, and shall
contain no more than two bedrooms. All public utilities shall be shared
with the primary residence.
[Added 7-19-2023 by Bylaw
Amendment 23-894]
A use of land found on the same parcel as the principal use,
but incidental, subordinate and reasonably related to the principal
use.
[Added 8-8-2018 by Bylaw
Amendment 18-810]
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.
[Added 11-1-2000 by Bylaw Amendment 00-442]
A facility that offers to seniors daytime programs, health
care and assessment, personal care, social programs, recreational
activities, and meals and transportation, but does not provide a residence
or overnight accommodations.
[Added 5-2-2001 by Bylaw Amendment 01-461]
Any establishment which displays live entertainment which
is distinguished by an emphasis on matter depicting, describing or
relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
[Added 11-1-2000 by Bylaw Amendment 00-442]
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
[Added 11-1-2000 by Bylaw Amendment 00-442]
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys 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.
[Added 11-1-2000 by Bylaw Amendment 00-442]
An establishment having as a substantial or significant portion
of its stock-in-trade videos, movies or other film material which
is distinguished or characterized by its emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
[Added 11-1-2000 by Bylaw Amendment 00-442]
These structures shall meet all the setback requirements
for accessory buildings or structures. In addition, in no case shall
the structure be located any closer to the front lot than the primary
building on the lot. Corner lots with frontage on a public way will
be considered having two or more front lot lines.
[Added 4-5-2006 by Bylaw Amendment 05-576]
Premises used for the harboring of more than three dogs or
other domestic non-farm animals three months old or older. Uses include
the day care of animals between the hours of 7:00 a.m. to 8:00 p.m.
throughout the week and weekend. Training and grooming facilities
may also be utilized within the primary building. Medical, ambulatory
or hospital facilities requiring a licensed veterinarian are not permitted.
The primary building must have the capacity to house all the animals
on the property within the building at any time during operating hours.
Outside exercise areas of dog runs must be enclosed with a minimum
five-foot high solid fence. No more than four dogs will be permitted
in a dog run at one time. A kennel permit will be required for this
use and reissued on an annual basis. Disposal of animal waste must
comply with state and local board of heath regulations.
[Added 4-5-2006 by Bylaw Amendment 05-576]
Premises used for the harboring of more than three dogs or
other domestic, nonfarm animals three months old or over or for veterinary
services. The use shall be so classified regardless of the purpose
for which the animals are maintained, whether fees are charged or
not and whether the use is a principal or accessory one.
A premises on which more than five amusement devices are
operated.
[Added 10-19-1983 by Bylaw Amendment 83-44]
An assisted living residence facility, as defined by MGL
c. 19D.
[Added 5-2-2001 by Bylaw Amendment 01-461]
Any mechanical or electronic automatic amusement device,
whether coin-operated or not, as defined under but not limited to
MGL c. 140, § 177A(2), including electronic video games,
but not including private, in- home use of such devices and not including
jukeboxes, pool or billiard tables, bowling alleys and athletic training
devices.
[Added 10-19-1983 by Bylaw Amendment 83-44]
A sign that is composed of lightweight material, including
nylon, vinyl, cloth, canvas or similar fabric, but does not include
an awning or canopy affixed to a building or a free-flying flag.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A residential character building containing at least two
and no more than 10 bedrooms for daily rental. At least one full bathroom
facility is required for every two rented bedrooms. Bed and breakfasts
may contain facilities for preparing and serving food for guests renting
bedrooms, however food service facilities will be limited to occupancy
of bedrooms plus five additional seats.
[Added 4-5-2006 by Bylaw Amendment 05-576]
Any outdoor sign larger than 60 square feet in size with
information pertaining to businesses or services that are not directly
related to the site where the structure is placed.
[Added 3-21-2012 by Bylaw Amendment 12-670]
The experimentation with or use of biological processes to
research or develop or produce commercial products for human and animal
health care, food consumption, agricultural applications and environmental
protection by the application of scientific data and the techniques
of engineering and technology to alter the genetic code of cells or
organisms through physical, chemical or biochemical manipulation.
For the purpose of this chapter, "biotechnology" shall not mean the
propagation of, experimentation with or use of plant tissue cultures
for horticultural or agricultural purposes, nor shall it include conventional
food or alcoholic production activities. Biotechnology uses in a manufacturing
or research lab premises, as defined in this section, shall be covered
by the provisions of this definition.
[Added 11-3-1993 by Bylaw Amendment 93-245]
Biotechnology products, biotechnology waste products and
those materials used in the process of experimenting with or developing
such products, excluding the hardware or instrumentation used in such
processes.
[Added 11-3-1993 by Bylaw Amendment 93-245]
Renting of not more than two rooms and the furnishing of
board by a resident family to not more than three nontransient persons.
A business located in a building where the primary use is
for the production and distribution of malt, spirituous, or vinous
beverages with a tasting room and which holds a Commonwealth of Massachusetts
issued farmer series production license. Any such facility that sells
alcoholic beverages to be consumed on the premises shall have a Commonwealth
of Massachusetts issued farmer series pouring license approved by
the local licensing authority. The facility may host marketing events,
special events, and factory tours. The facility may only sell beverages
produced by, and commercial goods branded by, the brewery, distillery
or winery. The facility may sell permitted beverages by the bottle
to consumers for consumption off the brewery premises.
[Added 6-28-2017 by Bylaw
Amendment 17-788]
An independent structure having a roof supported by columns
or walls, resting on its own foundations and designed for the shelter,
housing or enclosure of persons, animals, chattel or property of any
kind.
The vertical distance, in feet, from the average finished
exterior grade on the street side of a building to the highest point
of the roof or parapet for flat or shed roofs, to the deckline for
mansard roofs and to the mean height between the eaves and ridge for
gable, hip and gambrel roofs, provided that at no point shall an exterior
wall exceed the permitted height by more than 10 feet. Height limitations
shall not apply to chimneys, spires, cupolas, television antennas
or other parts of structures which do not enclose potentially habitable
floor space.
A facility for the sale of prepared food and drink, primarily
for the use of occupants of the site. Such a facility may be found
in schools, office buildings, senior housing establishments, and other
like uses.
[Added 5-2-2001 by Bylaw Amendment 01-461]
Any sign that is part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area.
[Added 3-21-2012 by Bylaw Amendment 12-670]
The act of providing food and service for a fee. The use
of a building or part of a building where food and beverages are prepared
on the premises and delivered off-site to be consumed, except where
a catering use is housed on the same premises or within the same building
as a function hall, as defined in this section, food and beverages
may also be served and consumed on-site. Restaurants are not included
in this definition.
[Added 12-17-2003 by Bylaw Amendment 03-532]
An establishment providing care, food, temporary housing,
or guidance to those in need. This use includes drug rehabilitation
centers, institutions for mentally ill individuals, halfway houses,
food pantries, homeless shelters, homes for sick children and their
families, battered women and like uses.
[Added 7-11-2001 by Bylaw Amendment 01-466]
All properties in the Commercial I Zoning District, Commercial
II Zoning District and Business Zoning District.
[Added 3-21-2012 by Bylaw Amendment 12-670]
Any earth removal that is not incidental to construction or is not exempted by § 185-23A.
[Added 3-2-1994 by Bylaw Amendment 93-251]
Land and the building or buildings thereon containing office
or dwelling units and common areas and facilities which are regulated
and managed by an organization of unit owners under a master deed
according to the provisions of Chapter 183A of the General Laws.
A facility used by service/social organizations, businesses,
and professional associations for seminars, meetings, and professional
conferences. The facility may include accommodations for conference
attendees, such as restaurants, bars, cafes, sleeping areas, recreation,
and athletic facilities.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A facility that includes a combination of types of dwellings
or a lifetime continuum of accommodations and care for senior residents,
including independent living, assisted/congregate living, and long-term
care facilities.
[Added 5-2-2001 by Bylaw Amendment 01-461]
Premises used by a building or construction contractor or
subcontractor principally for the storage of materials, storage and
servicing of equipment and fabrication of subassemblies.
Public or privately owned and operated facilities housing
persons serving a sentence after being found guilty in a court of
law. This use includes juvenile detention facilities, and temporary
detention facilities, but does not include those facilities customarily
found within a police station or a court house.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A retail sales establishment, consisting of one building
not to exceed 3,500 square feet, selling retail items such as fresh
fruits, vegetables, flowers, herbs, plants, gifts and crafts. The
accessory sale of prepackaged retail foods, not made on premises,
including baked goods, sandwiches, snack bar items, coffee, tea, preserved
and imported foodstuffs, is also allowed. A country store may sell
a limited range of dry goods and convenience items to consumers, which
shall not exceed 50% of the floor area open to the public. Up to 20
seats are allowed for interior and exterior seating. More than 20
seats shall require a special permit. Interior seating shall not exceed
10% of the floor area open to the public. Motor vehicle services,
sales of outside petroleum products, lottery, and sale of tobacco
and alcoholic beverages, other than beer and wine, are not allowed.
[Added 11-16-2016 by
Bylaw Amendment 16-769]
Any sign which is necessary for the safety and direction
of vehicular or pedestrian traffic.
[Added 3-21-2012 by Bylaw Amendment 12-670]
Any sign listing the name and location of the occupants of
a site or building.
[Added 3-21-2012 by Bylaw Amendment 12-670]
All properties in the Downtown Commercial Zoning District.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A private means of auto access not more than 24 feet wide.
A building or portion thereof designed exclusively for residential
occupancy, including single-family, two-family and multiple-family
dwellings, but not including hotels, motels, boardinghouses, trailers
or structures solely for transient or overnight occupancy.
A structure containing three or more dwelling units, whether
for rental, condominium ownership or other forms of tenure.
A dwelling with at least three dwelling units, each dwelling
unit having a separate exterior entrance and a separate deed.
One or more rooms providing complete living facilities for
one family, including equipment for cooking or provisions for the
same and including a room or rooms for living, sleeping and eating.
The process, or any part thereof, of moving, stockpiling,
sifting, screening and/or regrading of loam, topsoil, gravel, clay,
peat, sod borrow, humus and/or other similar materials and removing
the same off site from the parcel, and/or contiguous parcels in the
same ownership, on which it was prior to the moving, stockpiling,
sifting, screening and/or regrading.
[Added 3-2-1994 by Bylaw Amendment 93-251]
A facility that creates electricity by any means, including
thermal, steam, wind, solar, wood, trash, coal, oil, nuclear, natural
gas with a generating capacity of more than 500 kilowatts.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A facility for the purpose of breeding and boarding horses
and like animals, and which operation may include trail riding and
riding instruction for the paying public.
[Added 7-11-2001 by Bylaw Amendment 01-466]
The process, or any part thereof, of moving, stockpiling,
sifting, screening and/or regrading of loam, topsoil, gravel, clay,
peat, sod borrow, humus and/or other similar materials from their
original virgin location to either on or off site.
[Added 3-2-1994 by Bylaw Amendment 93-251]
Light that is projected from the outside of a sign.
[Added 3-21-2012 by Bylaw Amendment 12-670]
One or more persons occupying a single dwelling unit, provided
that, unless all members are related by blood, marriage or adoption,
no such "family" shall contain over five persons, but further provided
that domestic servants employed on the premises may be housed on the
premises without being counted as a "family" or families.
A specific type of sign that is made from woven or non-woven
material, displaying colors or an insignia, and meant to be attached
by one edge.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A sign not attached to a building or any structure other
than its own support, supported by at least two columns, uprights
or braces, or upon the ground.
[Added 3-21-2012 by Bylaw Amendment 12-670]
The portion of a lot fronting upon and providing rights of
access to a street, to be measured continuously along a single street
or along two intersecting streets if the angle of intersection is
greater than 120°. The frontage shall normally be the side of
a lot where access to the primary structure is gained and in the direction
in which the primary structure is oriented. On corner lots, with regards
to setback requirements, both sides of the lot abutting the street
shall serve as frontage. Such lots shall be considered as having two
front yards, and all other yards shall be considered side yards.
[Amended 10-6-2004 by Bylaw Amendment 04-549]
A building or portion thereof generally available to the
public for hire or loan for the purpose of catering to banquets, weddings,
receptions or similar functions. Such establishments may include full
kitchen facilities and a catering use as defined in this section and
may serve/dispense alcoholic beverages subject to the provisions of
MGL c. 138.
[Added 12-17-2003 by Bylaw Amendment 93-532]
Animals usually kept and raised for the use and sale of their
skins and fur.
A retail or wholesale use that provides a permanent building
of 1,500 square feet or more, with complete sanitary facilities. Other
structures may include seasonal greenhouses and storage sheds. Horticultural
and floricultural products are not typically grown on the premises.
Other related products may include bagged potting soils, fertilizers,
peat moss, garden pots, stands and garden hand tools. Limited sales,
but not repair, of power equipment such as hand mowers, chainsaws,
trimmers and lawn tractors (up to 16 horse power) is permitted. Bulk
storage of loose product, such as sandstone, mulch and masonry supplies
are not permitted. In no case shall a retail or wholesale business
be conducted on a parcel of land without a principal building relating
exclusively to that permitted use. Charitable, religious, educational
and municipal groups are exempt from this bylaw, but are limited to
sales of not more than seven days per calendar year.
[Added 4-5-2006 by Bylaw Amendment 05-576]
The total number of acres on a site, including wetlands and
otherwise encumbered property.
[Added 5-2-2001 by Bylaw Amendment 01-461]
Material currently defined as being hazardous by § 99-3 of the Code of the Town of Franklin, Massachusetts, as amended.
[Added 3-2-1994 by Bylaw Amendment 93-251]
[Added 5-12-1986 by Bylaw Amendment 86-66]:
Use of premises involving one or more of the
following:
Keeping of flammable fluids, solids or gases
in quantities exceeding four times that requiring licensure under
527 CMR 14.00, except that storage of fuel for consumption on the
premises or by vehicles operated incidental to the principal use of
the premises shall not constitute a "hazardous use."
A major new stationary source of air pollution
as defined by the United States Environmental Protection Agency under
the Clean Air Act.
Any use required to apply to the Department
of Environmental Quality Engineering under 310 CMR 7.00 or to the
Environmental Protection Agency under Section 112 of the Clean Air
Act for permission to emit asbestos, benzene, beryllium, mercury,
vinyl chloride or radionuclides.
Any use for which licensure is required under
310 CMR 30.800 to transport, use, treat, store or dispose of hazardous
waste, but not those excluded under 310 CMR 30.801.
All references are to laws and regulations in
effect December 1, 1985, copies of which are on file with the Town
Clerk and Building Commissioner.
A building or portion of a building designed and equipped
for the conduct of sports, exercise, muscle building and physical
fitness. This use may include indoor and outdoor uses as well as swimming
pools.
[Added 7-11-2001 by Bylaw Amendment 01-466]
The highest level historically experienced, as determined
from monitoring wells and historical water table fluctuation data
compiled by the United States Geological Survey (USGS).
[Added 3-2-1994 by Bylaw Amendment 93-251]
A home-based business owned and operated by a full-time resident of a residential dwelling which can be conducted without the need for a commercial space. The following businesses shall not be permitted as home occupations: automotive sales, rental, lease, fueling, service, repair including collision, or restoration; the cooking or preparation of food for profit; medical or dental facilities (see definition of "home professional office" below); any type of industrial use. A home office is also permitted for resident business owners such as contractors, landscapers, mobile cleaners or installers, provided that all equipment, supplies and vehicles are stored inside the residence or in a garage, and no more than two nonresident vehicle owners park at the property. There shall not be any materials or debris related to the activity stored outdoors. In addition, the business must comply with § 185-39B(1) and (2).
[Amended 12-16-2009by Bylaw Amendment 09-637]
A home-based office owned and operated by a full-time resident of a residential dwelling as the principal employee in a profession such as medicine, dentistry, engineering, accounting, architecture or law (attorney). In addition, the business must comply with § 185-39A(1) and (2).
[Added 12-16-2009by Bylaw Amendment 09-637]
A specific lot within a senior village residential subdivision
that is designated for the placement of a single-family dwelling.
[Added 5-2-2001 by Bylaw Amendment 01-461]
An institution where sick or injured persons are given medical
care and, in the course of the same, are housed overnight, fed, and
provided nursing and related services. This shall not include drug
rehabilitation centers, halfway houses, convalescent or nursing homes,
institutions for mentally ill individuals, or other similar facilities.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A dwelling intended and designed to be occupied by a single
family, but not including a trailer, whether detached or attached
to the ground.
A dwelling intended and designed to be occupied by two families
living independently in separate dwelling units.
Impenetrable by surface water.
[Added 5-12-1986 by Bylaw Amendment 86-65]
A facility that provides residential accommodations for senior
adults who are in good health and do not require medical or skilled
nursing care. Residents shall have individual dwelling units with
living, sleeping, bathroom, and kitchen facilities. The independent
living residence facility may include a senior village community center
or community building(s), or similar common areas such as a common
dining facility, and space for the provision of social, psychological,
and educational programs. The facility may provide home health care
or other community-based services on an individual basis and offer
meals, linen, and housekeeping services. The independent living residence
facility may provide residence for a superintendent or for maintenance
staff, but there shall be no on-site residence of medical or other
staff.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A commercial recreation use conducted entirely within a building
with potentially significant, external impacts on the surrounding
neighborhood. Such uses include bowling alleys, skating rinks, billiard
halls, gymnasiums, racing tracks, and shooting ranges.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A commercial recreation use conducted entirely within a building
and having minimum external impacts on the surrounding neighborhood.
Such uses include assembly halls, auditoriums, exhibit halls, performance
theaters, swimming pools, and art centers.
[Added 7-11-2001 by Bylaw Amendment 01-466]
All properties in the Industrial Zoning District and Office
Zoning District.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A sign that is inflated, filled or holds air, compressed
air or any other gas. This includes balloons, air filled socks or
other devices made to be displayed with air assist.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A graphic representation of a badge emblem or mark of rank
or privilege, used as a common substitution for the above mentioned
badge, emblem or mark.
[Added 3-21-2012 by Bylaw Amendment 12-670]
Light that is projected from the inside of a sign.
[Added 3-21-2012 by Bylaw Amendment 12-670]
An active solar energy system that is structurally mounted
to the ground and occupies more than 40,000 square feet of surface
area (equivalent to a rated nameplate capacity of about 250kW DC or
greater).
[Added 8-8-2018 by Bylaw
Amendment 18-810 ]
A continuous mass of solid mineral material (rock) with a
volume greater than one cubic yard.
[Added 3-2-1994 by Bylaw Amendment 93-251]
A sign that uses light emitting diode (LED) technology to
form or illuminate an image or text.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A sign that uses a liquid crystal display (LCD) technology
to form or illuminate an image or text.
[Added 3-21-2012 by Bylaw Amendment 12-670]
The total of the floor areas of rooms used or intended to
be used for living, sleeping, cooking or eating purposes, excluding
laundries, pantries, foyers, communicating corridors, stairways, closets,
storage spaces and areas with less than five feet of clear headroom
under sloping ceilings, garages, breezeways and carports, as defined
by the Division of Public Health in its Minimum Standards of Fitness
for Human Habitation.
A facility owned by a membership organization that holds
regular meetings, and that may maintain dining facilities, serve alcohol,
and engage professional entertainment for the enjoyment of members
and their guests.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A graphic image or text that has a trademark, is registered
or is under a copyright, and is used to advertise a specific product
or entity.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A building or group of buildings which is licensed or approved
by the Massachusetts Department of Public Health to provide twenty-four-hour,
intensive, skilled and supportive nursing care, convalescent, or chronic
care under medical supervision to individuals who, by reason of advanced
age, chronic illness, or infirmity, are unable to care for themselves.
A long-term care facility also typically provides personal care services
in a supervised environment, and may contain common areas for therapy,
recreation and dining. Further, the facilities may also include on-premise
medical offices and treatment facilities related to the care of the
residents.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A single area of land in one ownership, defined by metes
and bounds or boundary lines in a recorded deed or shown in a recorded
plan.
The total area within the lot lines of a lot excluding any
street right-of-way.
[Added 11-26-1985 by Bylaw Amendment 85-57; amended 6-19-2013 by Bylaw Amendment
13-716]
The lot depth is any straight-line distance between any point
of in intersection of the rear lot line running perpendicular to the
frontage line. The provisions of this definition shall not apply to
any lot shown on a plan recorded with the Norfolk County Registry
of Deeds or filed with the Land Court Registry District for Norfolk
County prior to the effective date of the zoning bylaw amendment that
added this definition, nor shall they apply to any lot shown on a
plan covering land which has the benefit of a zoning freeze pursuant
to MGL c. 40A, § 6, Paragraph 5, on said date. Any lot improved
with a building prior to the effective date of the zoning bylaw amendment
that added this definition which does not conform to the provisions
of this definition because such lot's depth was determined by some
other method of measurement shall be deemed to comply with the provisions
of this definition and shall not be deemed to be prior nonconforming.
[Added 11-4-1998 by Bylaw Amendment 98-383]
The established division line between lots or between a lot
and a street.
[Added 5-20-1998 by Bylaw Amendment 98-357]
The lot width is the diameter of the required
circle, placed between side lot lines and tangential to the frontage
of a given lot. The required circle shall be entirely contained within
the lot's perimeter.
Beginning on May 21, 1998, no building or structure
shall be constructed on a lot having less width than the required
lot width specified in the Schedule of Lot Area, Frontage, Yard and
Height Requirements for the district in which said lot is located.[2]
The following properties are specifically exempt
from this definition:
Lots, buildings and structures which are exempt
from the provisions of this definition under the provisions of MGL
c. 40, § 6;[3] and
Any lot shown on a plan recorded with the Registry
of Deeds or filed with the Land Court prior to the effective date
of the bylaw amendment that added this definition.
Any lot improved with a building prior to the
effective date of the zoning bylaw amendment that added this definition
which does not conform to the provisions of this definition because
such lot's width was not regulated shall be deemed to comply with
the provisions of this definition and shall not be deemed to be prior
nonconforming.
An establishment where lumber, lumber products, and other
bulk building and construction materials, such as brick, stone, cement,
and roofing, are sold in a primarily open air setting.[4]
[Added 7-11-2001 by Bylaw Amendment 01-466]
The manufacture or compounding process of raw materials.
These activities would necessitate the storage of large volumes of
flammable, hazardous, toxic, corrosive, or explosive materials. These
activities may include outdoor operations as part of their manufacturing
process. This use produces moderate to significant external effects
and may pose significant risks due to the nature of the use and materials
stored and utilized on site.
[Added 7-11-2001 by Bylaw Amendment 01-466]
The manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, storage, packaging, and sales of such products,
which activities are conducted solely within an enclosed building.
The processing of raw materials is not included in this use. This
use is capable of operating with minimal external effects, such as
noise, odor, smoke, dirt, and vibration.
[Added 7-11-2001 by Bylaw Amendment 01-466]
The manufacture, predominantly from raw materials, of products
or parts usually for sale to wholesalers or other industrial users.
This includes processing, fabrication, assembly, treatment, storage,
packaging and sales of such products, which activities are conducted
primarily within an enclosed building, but may include temporary outdoor
storage of finished or partially finished products. This use produces
moderate external effects, such as noise, odor, smoke, dirt, and vibration.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A research and testing facility licensed or otherwise approved
by the Commonwealth of Massachusetts Department of Public Heath.
[Added 6-5-2013 by Bylaw Amendment 13-708]
As defined in the Session Laws of the Commonwealth of Massachusetts
Chapter 369 of the Acts of 2012.
[Added 6-5-2013 by Bylaw Amendment 13-708]
An active solar energy system that is structurally mounted
to the ground and occupies more than 1,750 but less than 40,000 square
feet of surface area (equivalent to a rated nameplate capacity of
about 10-250kW DC).
[Added 8-8-2018 by Bylaw
Amendment 18-810 ]
A building intended and designed solely for transient or
overnight occupancy, divided into separate units within the same building
and with or without public dining room facilities.
A specialized theater for showing movies or motion pictures.
Such use may include refreshment stands and accessory retail and restaurant
uses.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
[Added 2-15-2017 by Bylaw
Amendment 17-779]
A single office building with a building footprint of 35,000
square feet or greater, or a group of contiguous or adjacent office
buildings, with a total footprint of 50,000 square feet or greater,
planned as a total entity with supporting ancillary uses and employee
parking provided on-site. Office parks include, but are not limited
to, medical or dental, professional, clerical, and administrative
offices. Retail and service uses, but excluding VSEs, that are permitted
within the underlying zoning district, may be incorporated into the
office park as an accessory use. These accessory uses may include,
but are not necessarily limited to, restaurants, coffee shops, barbershops,
dry cleaners, and banks.
[Added 7-11-2001 by Bylaw Amendment 01-466]
For the purposes of § 185-23, Earth removal regulations, the removal of earth from the original parcel, and/or contiguous parcels in the same ownership, on which it was prior to the removal.
[Added 3-2-1994 by Bylaw Amendment 93-251]
An undivided ownership by one person or by several persons,
whether the tenure is by joint, in common or by entirety.
For the purposes of § 185-23, Earth removal regulations, the moving of earth within the original parcel, and/or contiguous parcels in the same ownership.
[Added 3-2-1994 by Bylaw Amendment 93-251]
A commercial recreation land use primarily conducted outside
of a building, characterized by potentially significant impacts on
traffic, the natural environment, and the surrounding neighborhood.
Such uses may include water parks, amphitheater, amusement parks,
auto cycle or go-cart tracks, campgrounds, recreation vehicle parks,
stadium, horse or dog racing track, shooting range, zoo, automobile
race track, outdoor movie theater, and other like uses.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A commercial recreation land use primarily conducted outside
of a building, characterized by potentially moderate impacts on traffic,
the natural environment, and the surrounding neighborhood. Such uses
may include athletic fields, paint ball course, miniature golf, pitch
and put, skateboard park, tennis club, basketball courts, batting
cages, and driving ranges.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A commercial recreation land use primarily conducted outside
of a building, characterized by minimal impact on traffic, the natural
environment, and the surrounding neighborhood. Such uses may include
botanical gardens, hiking trails, historic sites, picnic areas, and
cross country ski areas.
[Added 7-11-2001 by Bylaw Amendment 01-466]
Any area or structure used for parking automobiles containing
10 or more individual parking spaces.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A sign that advocates for or against a candidate for public
office or a public policy, position or issue, whether or not it is
a subject of a ballot question.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A lot, together with all buildings, structures and uses thereon.
The process, or any part thereof, of digging, excavating,
mining, mixing and/or processing of various petroleum products and/or
the batching of the same with other materials to make, store, process,
load or transport bituminous concrete.
[Added 3-2-1994 by Bylaw Amendment 93-251]
The process, or any part thereof, of digging, excavating,
mining, mixing and/or processing of portland cement and/or the batching
of portland cement with other materials to make, store, process, load
or transport concrete.
[Added 3-2-1994 by Bylaw Amendment 93-251]
The telling of fortunes, forecasting of future events of
furnishing of any information by means of any occult or psychic power,
faculty or force, including but not limited to clairvoyance, mediumship,
necromancy, mind-reading, telepathy, or other craft, art, cards, charm,
potion, magnetism, crystal gazing, or magic, of any kind or nature
for any form of compensation, monetary or otherwise.
[Added 10-6-2004 by bylaw Amendment No. 04-549]
The Town of Franklin, the Commonwealth of Massachusetts,
the United States government or any agency or authority thereof, except
in the phrase "public utility."
Any recreation facility, not including golf courses, owned
and operated by the Town of Franklin, the Commonwealth of Massachusetts,
or the federal government. This includes active recreation facilities,
such as soccer fields and tennis courts, and passive recreation facilities,
such as trails, canoe launches, and their associated structures.
[Added 7-11-2001 by Bylaw Amendment 01-466]
A public service corporation, either private or municipal,
supplying or transmitting gas, water, electricity or communications
to any or all members of the public and subject to federal, state
or Town regulations by virtue of its natural or legal monopoly, except
for a corporation or other organization which provides cellular telephone
service, personal communications service or enhanced specialized mobile
radio services.
[Amended 10-16-1996 by Bylaw Amendment 96-319; 7-23-1997 by Bylaw Amendment
97-336]
Any Town-owned land or right-of-way, either by easement or
agreement that is meant to convey vehicles or pedestrians.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A sign that has manually changeable lettering. Within the
Town of Franklin a reader board shall be constructed to have no more
than three lines of lettering.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A sign advertising the sale or lease of land, buildings or
structures on said land.
[Added 3-21-2012 by Bylaw Amendment 12-670]
Recorded or registered in the Norfolk County Registry of
Deeds or a record title to a parcel of land disclosed by any or all
pertinent public records.
A facility that engages in research, or research and development,
of innovative ideas in technology-intensive fields and does not include
the mass manufacture, fabrication, processing, or sale of products.
This use is capable of operating with minimal external effects, such
as noise, odor, smoke, dirt, and vibration.[5]
[Added 7-11-2001 by Bylaw Amendment 01-466]
All properties located in all residential zoning districts.
[Added 3-21-2012 by Bylaw Amendment 12-670]
An establishment for the sale of prepared food primarily
for consumption within the building.
Commercial land uses which provide goods and services for
local and regional service areas that exceed daily convenience needs
of residential neighborhoods. Such uses may include convenience stores,
supermarkets, department stores, dry-cleaning establishments, household
appliance stores, furniture stores, bakeries, gift shops, confectionary
stores, ice cream sales, snack bars and other similar uses.
[Added 6-11-2003 by Bylaw Amendment 03-511]
Commercial land use intended for a limited service area with
minimal impacts to nearby properties. Such uses may include florist,
tailor and dressmaking shops, child-care facilities, salon and beauty
shops, optical stores, photographic studios, newsstands, mini-convenience
establishments and other similar uses.
[Added 6-11-2003 by Bylaw Amendment 03-511]
Commercial land uses not classified as general or personal
that are intended for either local or regional services areas, Such
uses may include office supply stores, hardware stores, paint and
glass stores, lawn equipment stores, information centers and other
similar uses.
[Added 6-11-2003 by Bylaw Amendment 03-511]
The process, or any part thereof, of cutting or breaking
stone, rock, ledge, boulders or similar natural material by various
processes and/or removing the same from the parcel of land on which
it was cut or broken.
[Added 3-2-1994 by Bylaw Amendment 93-251]
Any sign attached to or erected on the roof of a building.
[Added 3-21-2012 by Bylaw Amendment 12-670]
An individual who is 55 years of age or older.
[Added 5-2-2001 by Bylaw Amendment 01-461]
See "senior village planned unit development."
[Added 5-2-2001 by Bylaw Amendment 01-461]
A building or group of buildings, erected primarily for the
use of the residents of a single senior village and their guests,
that provides educational, recreational, or social services that may
include, but are not necessarily limited to: senior village residential
services, library, place of worship, game room, entertainment room,
kitchen, cafeteria or dining room, pool, toilet facilities, and similar
facilities.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A master-planned development of land as a unified, self-contained,
residential community, constructed expressly for use and residency
by persons who have achieved a minimum age requirement for residency
of 55 years or older, in accordance with MGL c. 151B, § 4,
Subsection 6, and also incorporating the preservation of natural open
space areas as an integral element of the development. A senior village
shall be permitted only within a Senior Village Overlay District and
only upon the granting of a special permit by the Planning Board.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A subdivision of land within a senior village that results
in creation of individual lots to serve as home sites upon which individual
single-family dwellings are to be constructed for residency by seniors.
The individual single-family dwellings may be detached homes, attached
or semi-attached townhouses, or other building type(s) approved by
the Planning Board that is/are each designed for occupancy by an individual
family.
[Added 5-2-2001 by Bylaw Amendment 01-461]
Services and facilities operated and constructed to primarily
serve the residents of a single senior village. Such services and
facilities may include, but are not necessarily limited to: adult
education, adult day-care, transportation services; laundry facilities;
financial services; medical evaluation; home health care services;
meals on wheels program; exercise or physical therapy center; recreational
and educational activities; and other similar services or activities.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A one-family dwelling unit, which is part of a structure
whose dwelling units are attached or semi-attached to one another,
and with each dwelling unit having at least one floor at ground level
with a separate, private entrance. A townhouse may be constructed
on its own individual and separate lot or may be one of several individual
dwellings on a common lot.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A single retail establishment with a building footprint of
25,000 square feet or greater, or a group of contiguous or adjacent
stores, shops and similar commercial establishments, with a total
footprint of 40,000 square feet or greater, planned as a total entity
with customer and employee parking provided on-site.
[Added 5-3-2000 by Bylaw Amendment 00-430]
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area
and bearing only property numbers, names of occupants of premises
or other identification of premises not having commercial connotations.
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
Legal notices, identification or informational
or directional signs erected or required by government bodies.
Signs directing and guiding traffic and parking
on private property but bearing no advertising matter.
A sign whose subject matter relates to the premises on which
it is located or to products, accommodations, services or activities
on the premises.
The entire area within a regular geometric form or combinations
of regular geometric forms comprising all of the display area of the
sign and including all of the elements of the matter displayed. One
side only of double-faced signs shall be counted. Frames and structural
members not bearing advertising matter shall not be included in computation
of "sign area."
An active solar energy system that is structurally mounted
to the ground and occupies 1,750 square feet of surface area or less
(equivalent to a rated nameplate capacity of about 10 kW DC or less).
[Added 8-8-2018 by Bylaw
Amendment 18-810 ]
Establishment for the management and storage of solid waste
material, including garbage, sewage, automobiles and parts, rubble,
construction debris, and all other kinds of organic and inorganic
refuse. Management and storage includes transfer, dumping, incineration,
recycling, composting, reduction, burial, or other similar means of
management. This use excludes on-site sewage disposal systems used
in conjunction with an approved use.
[Added 7-11-2001 by Bylaw Amendment 01-466]
Premises on which horses are kept for private use and are
not for hire.
Any structure that is rented or sold for the purpose of storing
goods, materials, or personal property.
[Added 7-11-2001 by Bylaw Amendment 01-466]
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, if qualifying for occupancy under Regulation 11 of Article II of the Sanitary Code of the Massachusetts Department of Public Health.
An accepted Town way or a way established by or maintained
under County, state or federal authority or a way established by a
subdivision plan approved in accordance with the Subdivision Control
Law, which way has been completely constructed in accordance with
the terms, specifications and conditions of the applicable approved
subdivision plan, rules and regulations and decision of the Planning
Board, including all utilities in, on, over or under said way, drainage
facilities appurtenant to said way, sidewalks and other municipal
services appurtenant to said way, except for the final course pavement,
or a way determined by the Planning Board to have sufficient width,
suitable grades and adequate construction to provide for the needs
of vehicular traffic in relation to the proposed use of the land and
for the installation of municipal services to serve such land and
the buildings erected or to be erected thereon.
[Amended 10-5-1994 by Bylaw Amendment 94-267; 1-11-1999 by Bylaw Amendment
98-388]
Anything constructed or erected at a fixed location on the
ground to give support, provide shelter or satisfy other purposes.
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 two feet or more and
having a capacity of 200 cubic feet or more in volume shall be considered
structures.
A room attached to a brewery, distillery, or winery that
allows patrons to sample or consume wine, beer, or other alcoholic
beverages that are produced on site in accordance with MGL c. 138.
A tasting room is an accessory use to the primary brewery, distillery,
or winery use.
[Added 6-28-2017 by Bylaw
Amendment 17-788; amended 7-21-2021 by Bylaw Amendment 21-872]
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following: Placing of designs, letters, figures,
symbols or other marks upon or under the skin of any person, using
ink or other substances that result in the permanent coloration or
alteration of the skin by means of use of needles or other instruments
designed to contact or puncture the skin; (2) Creation of an opening
in the body of a person for the purpose of inserting jewelry or other
decoration.
[Added 2-21-2000 by Bylaw Amendment 00-451]
A sign advertising a specific event, which is made from suitable
materials to remain intact and readable given the weather conditions
and the period of time that the sign is displayed. All temporary signs
are meant to be temporary and shall be regulated in kind, size and
time of display by the Sign Bylaw.[6]
[Added 3-21-2012 by Bylaw Amendment 12-670]
A building of residential character with a resident family,
offering lodging with or without meals to transients for compensation.
Substances listed on the Massachusetts Substance List contained
in 105 CMR 670.000, Appendix A; substances regulated as hazardous
wastes under Chapter 21C of the General Laws, as amended, and regulated
substances defined under Subtitle 1, Section 9001, of the Resource
Conservation and Recovery Act, as amended.
[Added 5-12-1986 by Bylaw Amendment 86-65]
A single facility with a building footprint of 40,000 square
feet or greater, or no more than two separate facilities with a total
footprint foot 55,000 square feet or greater which host a number of
public and private exhibitions and trade events. Trade centers may
include accessory office and seasonal retail uses.
[Added 10-2-2002 by Bylaw Amendment 02-507]
A vehicle without motive power, designed to be drawn by a
motor vehicle, used for living or sleeping purposes and standing on
wheels or rigid supports.
See term “freshwater wetlands” as defined in
MGL c. 131, § 40.
[Added 6-19-2013 by Bylaw Amendment 13-716]
A commercial or business establishment where patrons are
provided goods and/or services while in or near their motor vehicle.
VSE includes eating and drinking establishments where food is purchased
on the premises from a drive-through or drive-up window, such as fast-food
restaurants, ice cream, snack or beverage concessions or where wait
staff leaves the building to wait on customers at car-side. The term
also includes establishments where patrons receive goods and/or services
from drive-through or drive-up establishments, including, but not
limited to, banks, automatic teller machines (ATMs), dry-cleaners,
drive-through automotive facilities, car washes, gasoline/refueling
operations and substantially similar establishments.
[Added 5-3-2000 by Bylaw Amendment 00-429; amended 3-1-2006 by Bylaw Amendment
05-575]
Any non-wetland area.
[Added 6-19-2013 by Bylaw Amendment 13-716]
A sign displayed on or within the window of a building, visible
from outside the building.
[Added 3-21-2012 by Bylaw Amendment 12-670]
A structure (with antennas, if any) designed to facilitate
the following types of services; cellular telephone service, personal
communications service and enhanced specialized mobile radio service.
[Added 10-16-1996 by Bylaw Amendment 96-319; amended 7-23-1997 by Bylaw Amendment
97-336]
An area open to the sky, located between a street or other
property line and any structure or element thereof other than a fence,
wall, other customary yard accessory or projection allowed to encroach
on building lines by the Commonwealth of Massachusetts State Building
Code. Depth is to be measured perpendicularly to the street or property
line.
A yard extending between lot side lines across the front
of a lot, adjacent to each street the lot adjoins.
A yard adjacent to the rear lot line, between side lot lines.
A yard adjacent to the side line of the lot and extending
from the front yard to the rear yard.
[1]
Editor's Note: The former definition of "accessory building
or use," as amended, which immediately preceded this definition, was
repealed 8-8-2018 by Nylaw No. 18-810.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter..
[3]
Editor's Note: See MGL c. 40A, § 6.
[4]
Editor's Note: The former definition of "manufacturing"
which immediately followed this definition was repealed 7-11-2001
by Bylaw Amendment 01-466.
[5]
Editor's Note: The former definition of "research
lab," which immediately followed this definition, added 5-12-1986
by Bylaw Amendment 86-66, was repealed 7-11-2001 by Bylaw Amendment
01-466.
[6]
Editor's Note: See Ch. 143, Signs.
