For the purposes of this Bylaw, the following
words and phrases shall have the meanings given in this article, unless
a contrary intention is clearly apparent.
A building or use which is clearly subordinate and incidental to the principal building or use and which use is less intense and which structure is smaller in footprint and in height. (See § 200-13, Accessory uses.)
[Amended 5-6-2019 ATM by Art. 26]
The ground floor, beneath the principal story, but which
in average is at least 1/2 its height above the mean grade of
the adjoining ground and which measures more than five feet in height.
(See definitions of "cellar" and "crawl space.")
[Amended 5-1-1995 ATM by Art. 38]
A combination of any materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals
or property. For the purpose of this definition, "roof" shall include
pergola, trellis or canopy or any similar covering whether or not
permanent in nature. The word "building" includes "structure."
[Amended 5-6-2019 ATM by Art. 26]
A building which did not exist immediately prior to commencement
of construction, as well as the reconstruction, alteration, or repair
of an existing building involving both 50% or more of new exterior
walls (cladding excluded) and the replacement by 50% or more of the
structural elements of that building.
[Amended 5-6-2019 ATM by Art. 27]
A permanent structure which stands alone or in conjunction
with another structure, which has a roof, whether pitched or flat,
supported by a vertical base, but without walls.
[Amended 5-6-2019 ATM by Art. 26]
That portion of a building which is partly or completely
below grade and has at least 1/2 its height below the mean grade
of the adjoining ground and which measures more than five feet in
height. (See definitions of "basement" and "crawl space.")
[Amended 5-1-1995 ATM by Art. 38]
Construction commences after the completion of site preparation
with either the excavation for a foundation or the permanent affixing
and integrating to the site or existing building of a load-bearing
component of the building, specifically the foundation in the manner
in which it will be integrated into the final structure. A component
is not permanently affixed and integrated if it is subsequently removed.
(See definition of "site preparation.")
[Amended 5-5-1997 ATM by Art. 19; 5-6-2019 ATM by Art. 26; 5-6-2019 ATM by Art. 27]
The area beneath the principal story which measures five
feet or less from the earth, cement floor or other similar permanent
material to the principal story above. (See definitions of "basement"
and "cellar.")
[Amended 5-1-1995 ATM by Art. 38]
An unroofed outdoor structure whether of wood or other material,
with a floor which is more than two feet above existing grade at any
point. For purposes of calculating gross floor area, multistory decks
shall be considered as roofed porches in the Bylaw with the exception
of the top deck.
[Amended 5-4-2009 ATM by Art. 39]
A room or group of rooms forming a habitable unit for one
family with facilities used or intended to be used for living, sleeping,
cooking and eating.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single housekeeping unit.
A fence or a wall, that is not a retaining wall, which runs
along the boundary line of a lot or within five feet of said boundary
line.
[Amended 5-1-1995 ATM by Art. 38; 5-6-2019 ATM by Art. 26]
The base of each story of a building, whether finished or
unfinished. (See definitions of "floor area, gross," "story," "cellar,"
and "basement.")
The sum of the areas of the several floors or stories of
any building including the basement, cellar, attic space and garages.
Excluded only are the areas directly below an open pergola, trellis
or canopy or any similar covering whether or not permanent in nature.
All horizontal dimensions shall be taken from the exterior faces of
walls, including roofed porches and roofed balconies whether enclosed
or unenclosed. (See illustrated sketch[1] and definitions of "story," "floor," "crawl space," "cellar,"
and "basement.")
[Amended 5-1-1995 ATM by Art. 38; 5-7-2001 ATM by Art. 40; 5-6-2019 ATM by Art. 26]
A base constructed to support any building including, but
not limited to, footings, floating foundations, piles and caissons.
The level of the land at a construction site prior to site
preparation as determined by a plan certified by a registered land
surveyor or if none by Town contour records.
[Amended 5-6-2019 ATM by Art. 26]
Building height shall be measured from the highest point
of any roof or parapet to the lowest point of the original grade or
the lowest point of the finished grade of the ground adjoining the
building, whichever makes the building height greater. Height limitations
shall not apply to chimneys, receiving TV antennas, or steeples on
places of worship and municipal buildings. (See illustrative sketch[2] and § 200-16G for application.)
[Amended 5-1-1995 ATM by Art. 38; 5-3-1999
ATM by Art. 38]
A single area of land defined by metes, bounds, or boundary
lines in a duly recorded deed or shown on a duly recorded plan.
The horizontal area within the exterior lines of the lot,
exclusive of any area in a street, and exclusive of any horizontal
area subject to oceanic tidal action below mean high water.
[Amended 5-4-2008 ATM by Art. 27; 5-6-2019 ATM by Art. 26]
The mean horizontal distance between the front and rear lot
lines measured in the mean direction of the side lot lines.
That part of a lot which has an uninterrupted parcel boundary
line abutting on a constructed street.
[Amended 5-1-2000 ATM by Art. 46]
A parcel boundary line separating the lot from a street.
That parcel boundary line or combination of lines which is
opposite and most parallel to the front lot line. If the line(s) is
curved or contains more than one contiguous segment, the length of
the line(s) shall be measured as if it were a single straight line
connecting the end points of side lot lines. Additionally, the rear
lot line shall not be less than 75% of the required frontage. Except
that in the case of a corner lot, the rear lot line(s) shall be the
line(s) opposite from the street on which the principal building faces.
The parcel boundary lines connecting either end of the front
lot line with either end of the rear lot line.
The mean horizontal distance between the side lot lines measured perpendicular to the mean direction of the side lot lines. At no point between the front lot line and the rear lot line shall the lot be narrower than 75% of the required lot frontage. (See § 200-16E, Minimum lot width.)
The area which is necessary in order to move a vehicle in
and out of a driveway, garage or parking space in a safe manner.
[Added 5-6-2019 ATM by Art. 26]
A building or lot that does not conform to any dimensional
regulation prescribed by this Bylaw for the district in which it is
located or to regulations for parking or accessory buildings; provided
that such building or lot was in existence and lawful at the time
the dimensional regulation or regulations for parking or accessory
buildings became effective and as to a lot, the lot was then held
in separate ownership from the adjoining lots.
[Amended 5-6-2019 ATM by Art. 26]
A use of a building or lot that does not conform to a use
regulation prescribed by this Bylaw for the district in which it is
located; provided that such use was in existence and lawful at the
time the use regulation became effective.
Open area includes lawn, garden, natural landscape features and walks, outdoor swimming pools and tennis courts or other paved surfaces for social or household use. [See § 200-15B(2) for calculation of minimum required open area.]
[Added 5-1-1995 ATM by Art. 38; amended 5-6-2019 ATM by Art. 26]
A natural body of water existing during the entire year.
A covered entrance to a building or other covered exterior
space. (Covered or roofed porches are part of the gross floor area
calculation.)
[Added 5-1-1995 ATM by Art. 38]
The main or primary purpose for which a building or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this Bylaw. (See § 200-11B, Limitation of allowed uses, and § 200-15B(3), Interpretation of dimensional regulations.)
[Amended 5-6-2019 ATM by Art. 26]
A person who occupies the premises as his principal place
of abode.
Preparation for construction which includes, but is not limited
to, the following: removal and moving of standing buildings and leveling
of the consequent debris; cleaning and removal of brush, trees, and
general debris; grading of site and the moving, removal and delivery
of earth related to grading; scraping of earth to expose ledge; the
blasting of ledge and removal of resultant debris. (See definition
of "construction, start or commencement of.")
[Amended 5-5-1997 ATM by Art. 19; 5-6-2019 ATM by Art. 26]
A portable self-storage unit, otherwise known as a "POD"
or a "box container" serving residential purposes.
[Added 5-6-2019 ATM by Art. 26; amended 5-6-2019 ATM by Art. 28]
The horizontal portion of a building, excepting a suspended
ceiling, which comprises the space between two successive floors (see
definition of "floor") or between a floor and a roof. For the purposes
of calculating gross floor area, the space under a roof in an attic
will be calculated only for that area where the height is greater
than five feet above the attic floor. There are only two cases where
a story or area five feet or less in height is not counted as a story
for calculating gross floor area. They are the areas under a roof
as described above and basement and cellar areas five feet or less
in height which are considered crawl space. In a cathedral-type ceiling,
12 feet of height will be counted as the first story. Any distance
beyond 12 feet but not to exceed 24 feet is calculated as the second
story. This method of calculation will be replicated for each 12 feet
or portions thereof. An exemption from the twelve-foot height criterion
for calculating the number of stories may be granted by special permit
for use and dimension from the Board of Appeals. (See definitions
of "floor area, gross," "floor," "crawl space," "cellar" and "basement.")
[Amended 5-1-1995 ATM by Art. 38]
Public way or a way which the Clerk of the Town certifies
is maintained and used as a public way, or a way shown on a plan therefor
approved and endorsed in accordance with the Subdivision Control Law[3] or a way in existence when the Subdivision Control Law
became effective, having sufficient width and suitable grades, and
adequate construction to provide for the needs of vehicular traffic
in relation to the proposed use of the land abutting thereon or served
thereby, and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon.
[Amended 5-1-2000 ATM by Art. 46]
A division of a lot into two or more lots.
Any enclosed or unenclosed trailer or portable storage facility,
but excluding only such facility used in connection with commercial
fishing, whether or not on wheels, which is used for commercial or
industrial purposes including storage.
A house trailer shall be defined as a vehicle with or without
motive power used for living or sleeping purposes and standing on
wheels or rigid supports including but not limited to so called, "micro
homes or tiny houses."
[Amended 5-1-1995 ATM by Art. 38; 5-6-2019 ATM by Art. 26]
A wireless communication device, antennas and appurtenant
materials located on one monopole.
[Added 5-6-2019 ATM by Art. 26]
An open area of generally uniform width or depth on the same lot with a building, which lies between the building and the nearest lot line and is unoccupied and unobstructed from the ground upward except as otherwise provided [see § 200-15B(3), minimum setback requirement]. In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn through the point of the building to such lot line. No part of any private way nor any horizontal area subject to oceanic tidal action and below mean high water nor a pond (see definition of "pond") shall be counted as open area in calculating any minimum yard requirements (see sketch).
[Amended 5-1-1995 ATM by Art. 38]
Height of Building (H)
Note: The above sketch is illustrative only.
|
Gross Floor Area
| ||
|
Definition of "floor area, gross" in § 200-7
| ||
|
Story
| ||
|
Definition of "story" in § 200-7
| ||
|
Floor
| ||
|
Definition of "floor" in § 200-7
| ||
|
Note: The above sketch is illustrative only.
| ||
|
G1
|
=
|
Gross floor area at floor, basement and cellar
levels with a height greater than five feet.
|
|
G2
|
=
|
Gross floor area of attic or area under a roof
with a height greater than five feet.
|
Lot Characteristics
[Amended 5-6-2019 ATM by Art. 26] | |||
|
Article II, Definitions
| |||
|
Note: The above sketch is illustrative only.
| |||
|
Lot Frontage
|
=
|
AC
| |
|
Lot Line(s), Rear
|
=
|
DRSF
| |
|
Measured distance
|
=
|
DF
| |
|
Not less than 75% of
required frontage
| |||
|
Lot Lines, Side
|
=
|
AGD and CF
| |
|
Lot Depth
|
=
|
BE
| |
|
Lot depth drawn where
AB = BC and DE = EF
| |||
|
Lot Width
|
=
|
JK = (AC + DF) + 2
| |
|
At no point less than
75% of required frontage
| |||
|
Lot Width at Front Lot
Line
§ 200-15B
|
=
|
LC
| |
