[Amended 10-23-2006 ATM by Art. 5]
The Salisbury Zoning Bylaw and Map are adopted pursuant to the authority granted by MGL c. 40A, as amended by Chapter 808 of the Acts of 1975 and as may be further amended from time to time, which chapter is hereinafter referred to as the "Zoning Act." The purpose of this bylaw is to promote the health, safety, convenience, and welfare of the inhabitants of the Town of Salisbury by dividing the Town into districts and establishing regulations and uses that insure the most appropriate use of the land.
The provisions of the bylaw are not intended to repeal or in any way impair or interfere with any lawfully adopted bylaw, regulations, or rules. Whenever the regulations made under the authority hereof differ from those prescribed by any bylaw or other regulation, that provision which imposes the greater restriction or the higher standard shall govern.
[Amended 10-22-2018 ATM by Art. 18]
Except as herein provided, or as specifically exempted by the Zoning Act, the provisions of this bylaw shall apply to the erection, construction, reconstruction, alteration, or use of buildings and structures or use of land. This zoning bylaw shall not apply to the Town of Salisbury and the Town of Salisbury may use any land owned by the Town for any municipal purpose in accordance with the following conditions and procedures:
A. 
All reasonable efforts shall be made to ensure compliance with all of the Zoning Bylaw's applicable provisions to the maximum extent feasible.
B. 
Prior to construction of any principal use or principal structure, or the expansion of any existing principal use or principal structure, the Town Manager, or designee, shall conduct a meeting for purpose of presenting the proposed project and receiving public input. All abutters within 300 feet of the subject property shall receive notification, via mail, of such meeting and a notice of such meeting shall be placed in a local newspaper.
C. 
The construction of any new or the expansion of any existing accessory use or structure shall be exempt from the meeting requirement, but still require notice to all abutters within 300 feet of the subject property.
For the purpose of this bylaw, the following rules of construction apply: All words used in the present tense include the future tense; all words in the plural number include the singular number; all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the word "shall" is mandatory and directory; the word "may" is permissive; and the word "used" includes "designed, intended, proposed, existing, or arranged to be used."
Terms or words not defined herein but defined in the Building Code shall have meanings given therein, unless a contrary intention clearly appears, otherwise as the meaning quoted in the latest edition of Webster's Unabridged Dictionary. For the purpose of this bylaw, certain terms, words and/or series of words, whether or not the definition stated herein is contrary to common usage or contrary as quoted in the dictionary, shall be interpreted as follows:
ALTERATION
Any construction, retrofit or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a building, electrical, gas, mechanical or plumbing system that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit.
[Amended 10-22-2018 ATM by Art. 19]
ASSISTED LIVING or LIFE CARE
Residence or facility licensed by the commonwealth to provide supervision or assistance with activities of daily living (ADLs); coordination of services by outside health care providers; and monitoring of resident activities to help to ensure their health, safety, and well-being.
[Added 10-22-2018 ATM by Art. 19]
BED-AND-BREAKFAST
A private owner-occupied residence with up to six guestrooms rented to the public for overnight or weekly accommodation for a fee, with breakfast served to guests. The guest rooms contain no cooking facilities and do not constitute separate dwelling units. The bed-and-breakfast is subordinate and incidental to the main residential use of the building.
[Added 10-22-2018 ATM by Art. 19]
BOARD
The Zoning Board of Appeals of the Town of Salisbury, Massachusetts, unless otherwise specified.
BREW PUB
Restaurants, licensed under the relevant state and federal statutes, to produce and sell beer, ale and/or hard cider at the location and whose primary business is the sale and preparation of food to be consumed on the premises. Malt beverages including beer, ales and hard ciders produced on the premises may be sold to other establishments but shall not to exceed 25% of the establishment's production capacity.
[Added 5-20-2019 ATM by Art. 12]
BREWERY
Establishment primarily engaged in the on-site manufacture, blending, fermentation, processing, and packaging of alcoholic beverages including beer, wine, hard cider and distilled beverages, for wholesale or retail distribution, as allowed by state law. The establishment may include accessory uses such as: restaurant, tasting room for on-site consumption of the product produced on site, retail sales of the product produced on site and related goods, and/or tours of the production facility, provided that all production, processing, distribution, and storage activities are to be conducted within an enclosed building.
[Added 5-20-2019 ATM by Art. 12]
BUFFER AREA
A landscaped or natural area intended to separate one land use or lot visually from another.
[Added 5-20-2019 ATM by Art. 12]
BUILDING
A combination of any materials, whether portable or fixed, having a roof, and enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property.
BUILDING, ACCESSORY
A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same lot.
[Amended 10-22-2018 ATM by Art. 19]
BUS TERMINAL
An area of land, with or without structures, where three or more buses are parked or otherwise used in connection with the mass transportation of persons. No area of land shall be used as a bus terminal unless the area has been graded, paved and drained with on-premises catch basins or appropriate dry wells or connection to the street drainage system. The term "bus" shall include any bus, van, or other vehicle, which has seats for eight or more passengers and is used for the transportation of persons.
[Added 5-20-2019 ATM by Art. 12]
COMMERCIAL FORESTRY
The growing, cutting or management of forest for the purpose of wholesale or retail sale or distribution of trees, posts, lumber, chips, or related products.
COMMERCIAL VEHICLE
A vehicle, including heavy equipment and construction vehicles or trailer with a gross vehicle weight rating (GVWR) of more than 10,000 pounds or a vehicle designed to transport nine or more persons including the operator or any size vehicle which requires hazardous materials placards.
[Added 10-22-2018 ATM by Art. 19]
COMMUNITY FACILITIES
Premises owned and operated by a governmental or chartered nonprofit organization, but not including fraternal, sports, or similar membership organizations.
CONGREGATE HOUSING
An alternative housing arrangement for elderly or handicapped persons choosing to share a living arrangement with others. Residents have their own dwelling unit or bedroom, and share areas such as living rooms, dining areas, and kitchens. Support services such as house cleaning, meals, transportation, and minor health care are provided on-site. This definition excludes nursing homes, assisted living, life care or rehabilitation centers.
[Added 10-22-2018 ATM by Art. 19]
DARK SKY LIGHTING
A lighting fixture(s) that is designed to obstruct the emission of artificial light, glare, skyglow and light trespass without compromising safety and security and nocturnal environments.
[Added 10-22-2018 ATM by Art. 19]
DAY CARE, ADULT
A facility offering daytime programs for older adults providing health care and assessment, personal care, social programs, recreational activities, meals and transportation, but not providing overnight or residential accommodations.
[Added 10-22-2018 ATM by Art. 19]
DAY CARE, CHILD
A facility operated on a regular basis, whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, that receives children not of common parentage under seven years of age, or under 16 years of age if those children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. A child care facility shall not include any part of a public school system; any part of a private, organized educational system, unless the services of that system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization in which children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation.
[Added 10-22-2018 ATM by Art. 19]
DRIVEWAY
An open space, located on a lot, which is not more than 24 feet in width built for access to a garage or off-street parking or loading space.
DWELLING, ONE-FAMILY, ATTACHED
A dwelling unit attached to an existing structure which is not residential in use, but otherwise allowed under this bylaw, provided that not more than one such one-family attached dwelling is permitted on any lot in the Commercial (C) and Commercial II (C-2) Zoning Districts.
[Added 5-18-2009 ATM by Art. 20; amended 10-26-2009 ATM by Art. 19]
DWELLING, DETACHED
An independent structure containing not more than one dwelling unit.
DWELLING, MANUFACTURED
A house trailer, not including a recreational vehicle (RV) or camper, used as a permanent dwelling that was built after the institution of the Department of Housing and Urban Development's 1976 code governing building standards for factory-built homes.
[Added 10-22-2018 ATM by Art. 19]
DWELLING, MOBILE HOME
A house trailer, not including a recreational vehicle (RV) or camper, used as a permanent dwelling that was built prior to the institution of the Department of Housing and Urban Development's 1976 code governing building standards for factory-built homes.
[Amended 10-22-2018 ATM by Art. 19]
DWELLING, MULTIFAMILY
A building containing more than one dwelling unit.
DWELLING UNIT
One or more living or sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation, but not including motels or hotels as defined herein.
[Amended 5-15-2006 ATM by Art. 7]
ELECTRONIC OUTDOOR ADVERTISING
A use whereby an outdoor sign or billboard, whether double-faced, back-to-back, or V-shaped, with a screen(s) that is 100 square feet or larger, serves to advertise, direct or call attention to any business, article, substance, or service, or anything that is digitally or electronically projected, on or by a structure of any kind on real property or upon the ground itself, and that advertises services, products or commodities that are not available on said real property or parcel.
[Added 5-20-2019 ATM by Art. 12]
FAMILY
One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
FLOOR AREA, GROSS
The sum of the horizontal area of the several floors of a building, as measured to the outside surfaces of exterior walls, including halls, stairways, vents, elevator shafts, mechanical equipment rooms, inner courts, attached garages, porches, balconies, basement or attic storage areas, and other common space or uninhabitable space.
[Added 5-20-2019 ATM by Art. 12]
FLOOR AREA, NET
The usable or leasable floor area of a building, excluding halls, stairways, vents, elevator shafts, mechanical equipment rooms, inner courts, attached garages, porches, balconies, basement or attic storage areas, and other common space or uninhabitable space.
[Added 5-20-2019 ATM by Art. 12]
FUEL STORAGE AND DISTRIBUTION FACILITY
A facility where flammable and combustible liquids, flammable solids, or flammable gases as defined in 527 CMR 1400 are stored for resale. This definition shall not include retail gas stations.
[Added 5-17-1999 ATM by Art. 14]
FUNERAL HOME
A building used for the preparation of the deceased for burial and/or cremation. Shall also include the display of the deceased and rituals connected therewith before burial or cremation.[1]
[Added 5-17-1999 ATM by Art. 14]
GAS STATION (FULL- OR SELF-SERVICE)
An establishment which provides for the servicing of motor vehicles or implements and conducts operations incidental thereto, limited to the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating or otherwise servicing motor vehicles.
[Amended 5-17-1999 ATM by Art. 14[2]]
GREENHOUSE
A structure with walls and roof made chiefly of transparent or translucent material, such as but not limited to glass panels and plastic sheeting, in which plants requiring regulated climatic conditions are grown.
[Added 10-22-2018 ATM by Art. 19]
HEIGHT
The vertical distance from the mean grade (i.e. the average of four grades taken at the midpoint of the front, back and each of two side walls of the building from the adjacent ground to the highest point of the structure) not to exceed 35 feet. Grade measurements are to be taken from existing, undisturbed topography.
[Amended 5-15-1989 ATM by Art 31]
HEIGHT, WIND ENERGY FACILITY
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.
[Added 5-17-2010 ATM by Art. 18]
HOME OCCUPATION
An occupation conducted in a dwelling unit, provided that:
A. 
Not more than one nonresident employee other than members of the family residing on the premises shall be engaged in such occupation.
B. 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 30% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
C. 
(Reserved)[3]
D. 
No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
E. 
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.
F. 
Home occupation businesses will be allowed by special permit granted by the Zoning Board of Appeals.
[Added 5-15-1989 ATM by Art 32]
HOSPITAL
An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities, urgent care and medical centers, a sanitarium, and clinic. The term "hospital" does not include a nursing home and/or rehabilitation center.
[Added 10-22-2018 ATM by Art. 19; amended 5-20-2019 ATM by Art. 12]
HOTEL
Hotel, motel, resort, boarding house, or inn, which is kept, used or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to guests for transient occupancy and which is licensed or required to be licensed under the provisions of MGL c. 140, § 6.
[Added 10-22-2018 ATM by Art. 19]
INDEPENDENT TESTING LABORATORY
A laboratory that is licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana that is:
[Added 5-20-2019 ATM by Art. 12]
A. 
Accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission;
B. 
Independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and
C. 
Qualified to test marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
JUNK DEALERS (other than motor vehicles)
Collectors or dealers of junk, old metals, or secondhand articles and salvage materials.
[Amended 10-23-2006 ATM by Art. 5]
JUNKYARD
A yard, field, or other area used as a place of storage for:
A. 
Discarded, worn-out, or junked plumbing, heating supplies, household appliances and furniture.
B. 
Discarded, scrap, and junked lumber.
C. 
Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, or plastic debris, waste, and all ferrous material.
D. 
Discarded motor vehicle parts or more than two unregistered motor vehicles.
[Added 5-17-1999 ATM by Art. 14]
LARGE-SCALE SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity of 250 kW DC.
[Added 5-17-2010 ATM by Art. 17]
LIGHT FABRICATION
Businesses that fabricate, assemble, process, store, package, or distribute goods and materials, and, are, in general, dependent on raw materials refined elsewhere.
[Added 10-22-2018 ATM by Art. 19]
LIGHT INDUSTRY
Businesses that manufacture or assemble products primarily from raw materials, which may include processing, blending, treating and packaging. Incidental activities such as storage, offices, wholesale sales, retail sales and employee-only recreation and eating facilities are permitted.
[Amended 10-22-2018 ATM by Art. 19]
LOT
An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the administrator of this bylaw by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control. Any subsequent subdivision of a lot into two or more lots shall be subject to and conform to all the regulations of the district.
LOT FRONTAGE
The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line.
LOT LINE
A line of record, bounding a lot, which divides one lot from another lot or from another lot or from a public or private street or any other public or private space.
[Added 5-20-2019 ATM by Art. 12]
LOT LINE, FRONT
The property line dividing a lot from a street (right-of-way). On a corner lot the owner shall designate one street line as the front lot line.
LOT LINE, REAR
The lot line opposite from the front lot line.
LOT LINE, SIDE
Any lot line not a front or rear lot line.
LOT LINE, ZERO
The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.
[Added 5-20-2019 ATM by Art. 12]
LOT, NONCONFORMING
A lot lawfully existing at the effective date of this bylaw, or any subsequent amendment thereto, which is not in accordance with all provisions of this bylaw.
LOW IMPACT DEVELOPMENT
A comprehensive land planning and engineering design strategy that emphasizes conservation and use of existing natural site features integrated with distributed small-scale stormwater controls to closely mimic natural hydrological patterns.
[Added 5-20-2019 ATM by Art. 12]
MARIJUANA CULTIVATOR
An entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
[Added 5-20-2019 ATM by Art. 12]
MARIJUANA DELIVERY-ONLY RETAILER
An entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana that does not provide a retail location accessible to the public, but is authorized to deliver directly from a marijuana cultivator facility, craft marijuana cultivator cooperative facility, marijuana product manufacturer facility, or micro-business.
[Added 5-20-2019 ATM by Art. 12]
MARIJUANA ESTABLISHMENT
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of marijuana-related business licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana.
[Added 5-20-2019 ATM by Art. 12]
MARIJUANA PRODUCT MANUFACTURER
An entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
[Added 5-20-2019 ATM by Art. 12]
MARIJUANA RETAILER
An entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
[Added 5-20-2019 ATM by Art. 12]
MEMBERSHIP CLUB
An association of persons which is the owner, lessee, or occupant of an establishment operated solely for a recreational, social, fraternal, religious, political or athletic purpose whose activities are confined to the member and guests, and are not generally extended to the general public and includes the establishment so operated.
[Added 10-22-2018 ATM by Art. 19]
MIXED RESIDENTAL DEVELOPMENT
A planned development that includes two or more residential uses and protected open space, and provides for the construction of detached dwellings in Lafayette-Main, Subdistrict B.
[Added 5-20-2019 ATM by Art. 12]
MIXED-USE DEVELOPMENT, HORIZONTAL
Two or more buildings on one lot which provide retail/commercial or service uses in building(s) facing the street and residential or office uses above the ground floor or in separate building(s) behind or to the side.
[Added 10-22-2018 ATM by Art. 19]
MIXED-USE DEVELOPMENT, VERTICAL
A single building in which the ground floor facing the street is used primarily for retail/commercial or service uses, and other ground floor and upper floor space used for residential or office uses.
[Added 10-22-2018 ATM by Art. 19]
MOTEL
Any building or group of buildings which provide sleeping accommodations for transient motorists and which is not licensed as an inn, and which is licensed or required to be licensed under the provisions of MGL c. 140, § 32B.
[Added 10-22-2018 ATM by Art. 19[4]]
MOTOR VEHICLE CAR WASHING STATION
An establishment providing washing, waxing, polishing and detailing of vehicles.
[Added 5-20-2019 ATM by Art. 12]
MOTOR VEHICLE SALES
The use of any building, land area or other premises for the display and sale of new or used motor vehicles. Including any warranty repair work and other repair service conducted as an accessory use.
[Added 5-20-2019 ATM by Art. 12]
MOTOR VEHICLE SERVICE AND REPAIR
An establishment which services, repairs, rebuilds or reconditions motor vehicles or parts thereof, including but not limited to engine tune-ups, oil and filter changes, lubrication, brake repairs, tire changing, battery charging, carburetor cleaning and collision service.
[Added 5-20-2019 ATM by Art. 12]
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
[Added 10-22-2018 ATM by Art. 19]
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
[Added 5-17-2010 ATM by Art. 17]
ON-SITE WIND FACILITY
A wind energy project, which is located at a commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the project on site.
[Added 5-17-2010 ATM by Art. 18]
OPEN SPACE
The portion of a lot that is not covered with structures, access roads or driveways, sidewalks, patios, off-street parking or any other material placed on or above the earth which substantially reduces or prevents the natural percolation of water. The open space shall be suitably landscaped with noninvasive, drought-resistant plantings, which may include trees, flowers, shrubs, succulents or ornamental or other grasses.
[Added 5-20-2019 ATM by Art. 12]
OWNER
The duly authorized agent, attorney, purchaser, devisee, trustee, lessee, or any person having vested or equitable interest in the use, structure or lot in question.
PARKING SPACE
An on-site, off-street space having an area of not less than 200 square feet, in a configuration of 20 feet by 10 feet, plus access and maneuvering space, whether inside or outside a structure, for exclusive use as a parking stall for one motorized vehicle, and further being surfaced with durable material.
[Amended 10-22-2018 ATM by Art. 19]
PIGGERY
Any parcel of land and/or buildings used for the raising or keeping of more than four pigs (12 weeks or older).
PRODUCT ASSEMBLY
Assembly or construction of products such as electronic and telecommunications products, software, cameras, etc. The process shall not produce cinders, dust, fumes, gases, odors, smoke, noise, vibration, refuse matter, vapor and heat, or other offensive by-products.
[Added 5-17-1999 ATM by Art. 14; amended 10-23-2006 ATM by Art. 5]
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.
[Added 5-17-2010 ATM by Art. 17]
RECORDED
Recorded in the Essex District Registry of Deeds or registered in the Essex District Registry of Land Court.
REFUSE
Rejected or worthless articles or matter; rubbish, trash.
REFUSE FACILITY
Dumps conducted by or for the Town of Salisbury and use of land for the disposal of refuse by the sanitary landfill method, by or for the Town, provided that the same is approved by the Board of Health and voted at Town Meeting.
REFUSE RECYCLING ESTABLISHMENTS
Public or private enterprise for collecting ferrous and nonferrous materials such as tin, aluminum, glass and paper for the purposes of recycling said refuse.
REGISTERED MARIJUANA DISPENSARY
Also known as a "medical marijuana treatment center," means a not-for- profit entity, registered under 105 CMR 725.100, that acquires, cultivates, possesses, processes [including development of related products such as edible marijuana-infused products ("MIPs"), 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. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
[Added 5-20-2019 ATM by Art. 12]
REHABILITATION CENTER
A facility providing therapy and training for rehabilitation, to help their clients regain skills needed to function. The center may offer occupational therapy, physical therapy, vocational training, and special training such as speech therapy.
[Added 10-22-2018 ATM by Art. 19]
REHABILITATION RESIDENCE
Residence for persons recovering from treatment for alcohol and drug abuse.
[Added 10-22-2018 ATM by Art. 19]
RESEARCH AND DEVELOPMENT LABORATORIES
A facility for carrying out investigations in the natural, physical, computer, or social sciences, which may include engineering and product development. Manufacture of products is allowed provided they meet the requirements for product assembly.
[Added 5-17-1999 ATM by Art. 14]
RESTAURANTS
An establishment where food and drink are prepared, served, and consumed primarily within the building and on the premises.
[Added 5-17-1999 ATM by Art. 14]
RESTAURANTS, FAST FOOD
An establishment where food and/or beverages are sold and packaged in a form ready for consumption whether or not consumed on the premises.
[Added 5-17-1999 ATM by Art. 14]
RETAIL STORE, MAJOR
Building(s) 2,500 square feet to 9,999 square feet selling or renting goods or providing services to the general public for personal and household consumption.
[Added 10-22-2018 ATM by Art. 19]
RETAIL STORE, MINOR
Building(s) less than 2,500 square feet selling or renting goods or providing services to the general public for personal and household consumption.
[Added 10-22-2018 ATM by Art. 19]
RETAIL STORE, REGIONAL
Building(s) 10,000 square feet or greater selling or renting goods or providing services to the general public for personal and household consumption.
[Added 10-22-2018 ATM by Art. 19]
SCREENING
A natural occurrence or a man-made device which shields from view various land use activities.
[Added 10-22-2018 ATM by Art. 19]
SELF-SERVICE STORAGE FACILITY
A building or group of buildings consisting of individual, controlled access and self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
[Added 10-22-2018 ATM by Art. 19]
SHALL
The term, where used in the bylaw, is construed as mandatory.
[Added 10-22-2018 ATM by Art. 19]
SIGN
Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction.
SIGN, OSCILLATING OR FLASHING
Any permanent or temporary structure which is in the nature of an advertisement, announcement, or direction and which is designed to attract the eye by intermittent or repeated motion or illumination.
[Amended 10-23-2006 ATM by Art. 5]
SOLAR PHOTOVOLTAIC ARRAY
An arrangement of solar photovoltaic panels.
[Added 5-17-2010 ATM by Art. 17]
STORAGE TRAILERS
Any structure or piece of equipment, without a permanent foundation, with or without wheels, or which is portable that is to be used for the storage of materials and supplies, which can be constructed of, but not limited to, corrugated metal, sheet metal, old mobile home, or fiberglass. Storage trailers shall only be allowed as an accessory use to a primary use. They shall only be permitted for a maximum of two years with a building permit issued by the Building Inspector.
[Added 5-17-1999 ATM by Art. 14]
STRUCTURE
A combination of materials assembled for occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium reviewing stand, platform, shelters, piers, wharves, bin, fence, sign, or the like.
STRUCTURE, NONCONFORMING
A structure lawfully existing at the effective date of this bylaw, or any subsequent amendment thereto, which does not conform to one or more provisions of this bylaw.
TEMPORARY TRAILER
Home or temporary office incidental to construction on or development of the premises on which the trailer is located. In case of loss or damage by fire, flood, etc., use of a temporary trailer for 365 days is permitted. Said temporary trailer may be located on lot.
[Amended 10-23-2006 ATM by Art. 5]
THEATERS
Shall include performing arts centers, motion-picture theater, dance hall, music hall, lecture hall, or similar place of public assembly.
[Added 5-17-1999 ATM by Art. 14]
URGENT CARE FACILITY
A medical facility, outside of a hospital emergency department, where ambulatory patients can be treated on a walk-in basis, without an appointment, and receive immediate non-emergency care. The facility may be open 24 hours a day.
[Added 5-20-2019 ATM by Art. 12]
USE
The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained.
USE, ACCESSORY
A use incidental and subordinate to the principal use of a structure or lot, or use not the principal use which is located on the same lot as the principal structure.
USE, NONCONFORMING
A use lawfully existing at the time of the adoption of the bylaw, or any subsequent amendment thereto, which does not conform to one or more provisions of this bylaw.
USE, PRINCIPAL
The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied or maintained under the bylaw. Any other use within the main structure or land on the same lot and incidental or supplementary to the principal use and permitted under this bylaw shall be considered an accessory use.
UTILITY-SCALE WIND ENERGY FACILITY
A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
[Added 5-17-2010 ATM by Art. 18]
VARIANCE
Such departure from the terms of this bylaw as the Board, upon appeal in specific cases, is empowered to authorize under the terms of § 300-35.
WHOLESALE TRADE AND DISTRIBUTION
Display, storage and sale of goods to other businesses for resale or to businesses or other persons for installation off premises (including related warehousing of inventory) free from adverse neighborhood impacts.
[Added 5-15-2006 ATM by Art. 9]
WIND ENERGY FACILITY
All of the equipment, machinery and structures together utilized to convert wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
[Added 5-17-2010 ATM by Art. 18]
WIND MONITORING OR METEOROLOGICAL TOWER
A temporary tower (permitted for up to one year) equipped with devices to measure wind speed and direction, to determine how much electricity a wind energy facility can be expected to generate.
[Added 5-17-2010 ATM by Art. 18]
WIND TURBINE
A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
[Added 5-17-2010 ATM by Art. 18]
YARD
A portion of a lot, upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein. A court shall not be considered to be a yard or any part thereof.
YARD, FRONT
A yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line.
[Amended 10-23-2006 ATM by Art. 5]
YARD, REAR
A yard extending for the full width of the lot between the rear line of the building wall and the rear lot line. In the event of accessory building, the distance herein shall be measured from the point of said building closest to the lot line.
YARD, SIDE
Yard extending for the full length of building between the nearest building structure and the side lot line. No accessory building is permitted in required side yard setback.
[Amended 10-24-1994 ATM by Art. 10]
[1]
Editor’s Note: The former definition of “fur farm,” which immediately followed this definition, was repealed 10-22-2018 ATM by Art. 19.
[2]
Editor's Note: This article also deleted the definition of "gas station, self-service" which immediately followed this definition.
[3]
Editor’s Note: Former Subsection C, which prohibited visible evidence of the conduct of a home occupation other than one sign, was repealed 5-20-2019 ATM by Art. 12.
[4]
Editor's Note: This article also repealed the former definition of "motel, hotel," as amended. See also the definition of "hotel" in this section.