[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:
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]
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]
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]
The Zoning Board of Appeals of the Town of Salisbury, Massachusetts,
unless otherwise specified.
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]
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]
A landscaped or natural area intended to separate one land
use or lot visually from another.
[Added 5-20-2019 ATM
by Art. 12]
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.
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]
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]
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.
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]
Premises owned and operated by a governmental or chartered
nonprofit organization, but not including fraternal, sports, or similar
membership organizations.
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]
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]
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]
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]
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.
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]
An independent structure containing not more than one dwelling
unit.
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]
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]
A building containing more than one 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]
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]
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit.
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]
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]
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]
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]
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]]
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]
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]
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]
An occupation conducted in a dwelling unit, provided that:
Not more than one nonresident employee other
than members of the family residing on the premises shall be engaged
in such occupation.
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.
(Reserved)[3]
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.
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.
Home occupation businesses will be allowed by
special permit granted by the Zoning Board of Appeals.
[Added 5-15-1989 ATM by Art 32]
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, 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]
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]
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;
Independent financially from any medical marijuana treatment
center or any licensee or marijuana establishment for which it conducts
a test; and
Qualified to test marijuana in compliance with 935 CMR 500.160
and MGL c. 94C, § 34.
Collectors or dealers of junk, old metals, or secondhand
articles and salvage materials.
[Amended 10-23-2006 ATM by Art. 5]
A yard, field, or other area used as a place of storage for:
Discarded, worn-out, or junked plumbing, heating
supplies, household appliances and furniture.
Discarded, scrap, and junked lumber.
Old or scrap copper, brass, rope, rags, batteries,
paper, trash, rubber, or plastic debris, waste, and all ferrous material.
Discarded motor vehicle parts or more than two
unregistered motor vehicles.
[Added 5-17-1999 ATM by Art. 14]
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]
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]
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]
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.
The horizontal distance measured along the front lot line
between the points of intersection of the side lot lines with the
front 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]
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.
The lot line opposite from the front lot line.
Any lot line not a front or rear lot line.
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]
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.
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]]
An establishment providing washing, waxing, polishing and
detailing of vehicles.
[Added 5-20-2019 ATM
by Art. 12]
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]
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]
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]
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]
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]
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]
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.
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]
Any parcel of land and/or buildings used for the raising
or keeping of more than four pigs (12 weeks or older).
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]
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 in the Essex District Registry of Deeds or registered
in the Essex District Registry of Land Court.
Rejected or worthless articles or matter; rubbish, trash.
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.
Public or private enterprise for collecting ferrous and nonferrous
materials such as tin, aluminum, glass and paper for the purposes
of recycling said refuse.
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]
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]
Residence for persons recovering from treatment for alcohol
and drug abuse.
[Added 10-22-2018 ATM
by Art. 19]
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]
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]
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]
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]
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]
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]
A natural occurrence or a man-made device which shields from
view various land use activities.
[Added 10-22-2018 ATM
by Art. 19]
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]
The term, where used in the bylaw, is construed as mandatory.
[Added 10-22-2018 ATM
by Art. 19]
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.
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]
An arrangement of solar photovoltaic panels.
[Added 5-17-2010 ATM by Art. 17]
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]
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.
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.
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]
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]
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]
The purpose for which a structure or lot is arranged, designed,
or intended to be used, occupied, or maintained.
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.
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.
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.
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]
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.
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]
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]
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]
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]
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.
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]
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 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.
