For the purpose of this bylaw certain terms
and words shall have the meaning given herein. Words used in the present
tense include the future; the singular number includes the plural,
and the plural includes the singular; the word "building," "structure,"
"lot," "land" or "premises" shall be construed as though followed
by the words "or any portion thereof"; and the word "shall" is always
mandatory and not merely directory. The word "person" includes a firm,
association, organization, partnership, trust, or company as well
as an individual. The word "used" or "occupied" includes the words
"intended or designed or arranged to be used." The word "lot" includes
the word "plot" or "parcel."
The point from which one enters a property.
See "dwelling, single-family, with accessory apartment."
A detached building the use of which is customarily incidental
and subordinate to that of the principal building and which is located
on the same lot as that occupied by the principal building.
A detached structure located on the same lot with the principal residential structure to which it is accessory and not used for seasonal or year-round living. Such structures include, but are not limited to, toolshed, boathouse, playhouse, shelter for domestic pets, private swimming pool and one private garage for not more than three automobiles. See § 325-13, Table of Use Regulations, for more information.
[Amended 5-4-2010 STM by Art. 8; 5-6-2014 STM by Art. 1]
A use incidental and subordinate to the principal use of
a structure or lot.
Any construction, reconstruction, or other action resulting
in a change in the structural parts or height, number of stories,
size, use or location of a structure.
Refer to Article XIII.
The commercial raising of agricultural crops and/or livestock
and horticultural and floricultural products on the same lot or abutting
lots in the same ownership. Necessary structures and storage of equipment
used on the premises are included.
Changes in the interior or exterior of a building but without
changing the exterior dimensions.
A place where animals or pets are given medical or surgical
treatment by or under the supervision of a veterinarian and boarding
is short-term care incidental to hospital use and care.
A commercial establishment for the raising, boarding, breeding
and/or training of small domestic animals (dogs, cats, etc.).
The keeping of more than four small domestic animals as pets
and not for commercial purposes.
The science, art, and business of cultivating marine or freshwater
food fish or shellfish, such as oysters, clams, salmon, and trout,
under controlled conditions.
A residential facility for the elderly or disabled that provides
rooms or individual apartments, meals, personal care, and supervision
of self-administered medication. It may also have communal dining
facilities and services such as housekeeping, organized social and
recreational activities, transportation service, and other support
services appropriate for the residents.
Any premises upon which the business of maintenance, serving,
repair, or painting of vehicles is conducted or rendered, without
the dispensing or sale of vehicular fuels.
A residence where an owner/occupant in his home provides
lodging and a morning meal to no more than five transients for compensation.
A bed-and-breakfast shall not be considered a home occupation.
Any room used or intended to be used for sleeping purposes
or as determined by state and/or Harwich Board of Health Regulations.
[Amended 9-26-2020 ATM by Art. 22]
Where appropriate to the context, the term "Board" shall
include the Board of Appeals or Planning Board of the Town of Harwich.
The commercial storage of boats and watercraft. This excludes
repair and maintenance, sales and service. See "marine use."
A combination of any materials, whether portable or fixed,
having a roof or similar covering, to form a structure for the shelter
of persons, animals or property.
The height of a building or structure shall be calculated by
averaging the distance between the lowest pre-existing grade point
at the base of the building/structure and the top of said structure,
and the distance between the highest pre-existing grade point at the
base of the structure and the top of said structure. A structure shall
include such elements as a rooftop deck, fence, railing, widow's walk,
or other rooftop structure, parapet, or other attached structure.
A cupola not larger than four feet in width and chimneys shall be
exempt from the above requirements if they do not extend more than
four feet in height above the roof. For developed lots, pre-existing
grade shall be determined by calculating the average of existing high
and low grade points at the base of the existing/original building
or structure and top of said structure, where the highest point is
at a minimum of eight inches below the top of foundation.
[Amended 5-4-2010 STM
by Art. 9; 5-2-2016 ATM by Art.
46]
For a building or structure located within an area of special flood hazard, refer to § 325-108.
[Amended 5-6-2019 ATM
by Art. 26]
Any structure or use entitled to the religious exemption
set forth in MGL c. 40A, § 3.
Open space residential development as defined herein.
Open space created within an open space residential development
which is designated to be held and maintained by a homeowners' association,
conveyed to the Town, or conveyed to a private land conservation organization.
"Common open space" shall not include open space which may be established
on individual building lots.
A premises, other than a construction site on which a building
permit is issued, which is used by a building contractor or any other
tradesman or landscaper for the fabrication of subassemblies or the
storage of supplies or equipment.
The act or process of wrecking, destroying or removing, temporarily
or permanently, 50% or more of an existing structure. Demolition of
a structure requires a demolition permit from the Building Department.
Should the Building Official approve less than 50% of a structure
for removal, and should the remainder of the structure, following
an inspection by the Building Official, be found to not be structurally
sound, the Building Official may authorize the removal of the remainder
of the structure without issuance of a demolition permit. In no case,
however, should the rebuilt portion be built outside the footprint
of the remainder of the structure.
A building or space in a building where group sleeping accommodations
are provided for persons not members of the same family group in one
room or in a series of closely associated rooms under joint occupancy
and single management, as in college dormitories, fraternity houses,
military barracks and ski lodges, with or without meals, but without
individual cooking facilities.
Any use which provides goods or services to customers at
exterior stations, fixed or transient, roofed or unroofed, that are
accessible by motorized vehicles. This definition shall not apply
to food sales, which are defined separately.
A detached building containing three or more dwelling units,
including an apartment house, garden apartment house, townhouse or
row house.
A single, separate dwelling unit designed for occupancy by
one family only.
A single-family dwelling containing a principal dwelling
unit and a separate accessory apartment, either attached or detached.
The apartment shall contain a kitchen and bathroom which are separate
from and not used in common with the principal dwelling unit.
[Amended 5-4-2010 STM by Art. 8; 5-7-2013 STM by Art. 12]
A building containing two dwelling units, whether side by
side, over each other or in any other combination, provided that there
is a common roof or a series of roofs connecting the dwelling units.
A building or portion thereof consisting of one or more rooms
containing cooking and sanitary facilities and designed for human
habitation by one family independent of other facilities.
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge.
Any structure or use entitled to the education exemption
set forth in MGL c. 40A, § 3.[1]
One or more persons living as a single, nonprofit housekeeping
unit.
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels and oil.
Establishments engaged in the business of cleaning, cutting,
cooking, shucking, block freezing or packing sea foods for sale primarily
at wholesale, but not excluding retail, but not including packing
of fish in connection with off-loading of fishing vessels.
The sum of the areas of the several floors of a building,
measured from the exterior faces of the walls, but not including cellars,
unenclosed porches, attics not used for human occupancy, or any floor
space in accessory buildings or in the principal building designed
for the parking of motor vehicles in order to meet the parking requirements
of this bylaw.
Any use which provides food products to customers at exterior
stations, fixed or transient, roofed or unroofed, that are accessible
by motorized vehicles. This term shall not include food service establishments
where customers park their vehicles in designated parking spaces and
access exterior food service tables, stations, windows, or counters
without their vehicles.
The boundary of a lot coinciding with a road, street or way
as defined in this bylaw.[2]
A business, trade or profession, exclusive of real estate
offices, firms or establishments, conducted in the proprietor's legal
residence or within an accessory building.
A facility designed to provide a caring environment for supplying
the physical and emotional needs of the terminally ill.
A building providing inpatient services used for diagnosis,
treatment or other care of human ailments, including a sanitarium,
sanatorium, rest home, nursing home and convalescent home. Not to
be interpreted to include a doctor's office (see "medical clinic").
A building or complex of buildings containing 13 or more
units providing transient lodging, food and other related services
within which access to the individual units is provided by common
interior corridors. The individual units do not have cooking facilities.
Uses, including but not limited to stores selling dry goods,
apparel and accessories, gifts, notions, photo supplies, and personal
and health care supplies, personal services, travel agency, car rental
office, tennis courts, swimming pools, restaurant, private pool or
beach club, which are incidental to a hotel or motel use.
A building or complex of buildings containing at least five
but no more than 12 units providing transient lodging accommodations,
and may include food service. Rooms are primarily accessed from within
a central structure. The individual units do not have cooking facilities.
A public service use operated by a nonprofit corporation
or organization which is not entitled to exemption from zoning requirements
as set forth in MGL c. 40A, § 3.
A building in which five to 10 units, with or without cooking
facilities, are let for compensation on a long-term transient basis,
but not including a hotel, inn or motel.
A parcel of land described in a deed or shown on a plan of
land. For the purpose of this bylaw, any lot hereafter laid out to
be buildable must contain contiguous upland area totaling at least
100% of the minimum lot area requirement for the zoning district in
which the land is situated as established by this bylaw. The term
"upland" shall mean any land area not subject to the provisions of
the Wetlands Protection Act, MGL c. 131, § 40, as amended.
A lot at the intersection of two or more intersecting roads,
streets or ways, or abutting a curve in a road, street or way, provided
that the angle of the intersection is less than 135° or, in the
case of a lot abutting a curve in the road, street, or way, the radius
of said curve is less than 150 feet.
The mean horizontal distance between the front lot line and
the rear lot line.
A lot approved by the Planning Board under the Subdivision
Control Law that is designed to provide adequate access even though
the lot has less than the required frontage on a public or private
way. Standards for panhandle lots are provided in § 325-18Q.
[Added 5-7-2013 STM by Art. 13]
A use involving the processing, assembling, or packaging
of previously prepared or refined materials.
Marijuana cultivators, independent testing laboratory, marijuana
product manufacturers, marijuana retailers or any other types of licensed
marijuana-related businesses, as defined in M.G.L. c. 94G, § 1.
[Added 5-7-2018 ATM by
Art. 34]
A commercial or industrial activity serving or deriving its
nature from watercraft, including but not limited to boat repair or
maintenance, sales and service of watercraft, motors, electronics,
and other goods or services associated exclusively with watercraft.
This may include dispensing of marine fuels. See "boat storage."
A facility for providing medical treatment on an outpatient
basis.
A building used to house a nonprofit social, sports or fraternal
association or organization, not connected or associated with any
business, which is used exclusively by members and their guests and
usually contains bar facilities.
See § 325-51M.
A building or complex of buildings providing transient lodging
accommodations with separate outside entrances for each unit. The
individual units do not have cooking facilities.
A use, whether in a structure and/or on a parcel of land,
owned and/or operated by the Town of Harwich.
Any wastewater treatment or disposal works subject
to 314 CMR 5.00 for wastewater other than sanitary sewage, except
the following:
The replacement or repair of an existing system(s)
that will not result in a design capacity greater than the design
capacity of the existing system(s).
Treatment works approved by the Massachusetts
Department of Environmental Protection and the Harwich Board of Health
designed for the treatment of contaminated groundwater or surface
water.
Publicly owned treatment works.
Note: Readers are encouraged to contact the
Harwich Water or Health Department for the most current version of
the above Code of Massachusetts Regulations (CMR) section as such
regulations are subject to frequent amendment.
A privately or publicly operated establishment providing
maintenance and personal or nursing care for persons (as the aged
or the ill) who are unable to care for themselves.
The area within an open space residential (or cluster) development
which shall not be developed for any purpose other than recreational
or agricultural use pursuant to other requirements of this bylaw,
provided that the natural or installed vegetation may be maintained
through mowing, trimming, and removal of dead or diseased specimens.
Open space may be designated on portions of building lots within an
open space residential development to achieve some of the design objectives
of this bylaw but shall be distinct from common open space.
An optional form of development of single-family dwelling subdivisions that permits lots with lesser area and frontage than conventional development, provided that there is no increase in the number of lots that would be permitted under a conventional development, as provided in § 325-51E(2), and the balance of the land not included in single-family building lots is set aside as permanent open space. Open space residential development is synonymous with the concept of cluster development set forth in MGL c. 40A, § 9. Open space residential development shall require both a special permit and definitive subdivision approval from the Planning Board.
The outdoor display of goods sold on the premises for retail
sale, provided that the goods are not located within required setbacks
for the zoning district or in the public right-of-way.
The open storage of construction, manufacturing, service
wholesale equipment, materials, junk or heavy motorized equipment
of any type or open storage of unregistered motor vehicles, automobiles
or other vehicles.
A specifically delineated area that overlays an existing
zoning district and provides for specific regulations and requirements.
Overlay districts in Harwich include:
Drinking Water Resource Protection District. See § 325-51C.
[Amended 5-8-2012 STM by Art. 5]
Elderly Affordable Housing. See Article XII.
Harwich Center Overlay District. See § 325-51O.
Personal Wireless Service Overlay District. See Article XI.
Six Ponds Special District. See Article XVI.
Village Commercial Overlay District. See § 325-51L.
West Harwich Special District, see Article XXIV.
[Added 9-26-2020 ATM by Art. 23]
A structure or designated area used for the parking and storage
of motor vehicles that is operated as a business and open to the public
for a fee.
An off-street space, whether inside or outside a structure,
for exclusive use as a parking stall for one motor vehicle.
The Board of Appeals established hereunder shall be the permit
granting authority.
An establishment primarily engaged in providing services
involving the care of a person or his or her apparel. These uses include,
but are not limited to, beauty shops, barbershops, shoe repair, etc.
Facility for the provision of personal wireless services, including antennas, telecommunication equipment, communications towers, monopoles and/or other support structures, including existing and proposed structures having personal wireless services devices attached thereto as accessory uses, installed and operated for the purpose of providing personal wireless services. Note: Please refer to Article XI, Personal Wireless Service Facilities, of this bylaw for additional definitions that are specific to personal wireless service facilities.
An office or place of business where professional or business
services are offered and do not involve the sale of goods or the keeping
of a stock-in-trade.
Establishments engaged in providing amusement, entertainment,
sports or leisure time activities or facilities for a fee or admission
charge.
Any premises upon which the business of maintenance, serving,
repair, or painting of equipment or goods, other than motorized vehicles,
is conducted or rendered.
An establishment offering prepared food service in paper,
plastic or other containers which can be removed from the premises,
whether or not seating is available to patrons. This definition does
not apply if such food is offered as wholly incidental to a conventional
restaurant operation or retail food service. All such uses that preexist
this bylaw will be required to file for a special use permit and a
site plan special permit or waiver within 12 months of the effective
date of this bylaw.
An establishment where food and drink are prepared, served
and consumed primarily on the premises.
The selling of goods or merchandise to the general public
and providing services incidental to the sale of such goods.
For the purpose of subdivision control, a road,
street or way is defined as follows:
A public way or a way which the Clerk of the
Town certifies is maintained and used as a public way;
A way shown on a plan heretofore approved and
endorsed in accordance with the Subdivision Control Law;[3] or
A way in existence when the Subdivision Control
Law became effective in the Town (June 6, 1951) having, in the opinion
of the Planning Board, sufficient width, 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 thereon.
For the purposes of determining any building
or other setback requirements of this bylaw, "road," "street" or "way"
is defined as follows:
An activity or accessory activities that are necessary in
connection with scientific research or scientific development or related
production.
A temporary use or occupancy on an intermittent or short-term
basis, primarily during the summer months and/or weekends, the total
time of which use shall constitute less than six months during any
one calendar year.
A building or buildings made up of smaller individual storage
units for the keeping of goods and property for lease or rent and
does not include outside storage on the premises.
The numerical value resulting from division of the square
of the perimeter of a lot by the area in square feet thereof.
[Added 5-7-2013 STM by Art. 13]
A dwelling unit which contains not more than six bedrooms
and not more than six occupants who shall and must be 65 years of
age or older and may have separate sanitary facilities but share common
living space and kitchen facilities.
Refer to Article VII.
Refer to Section VII.
The aggregate coverage of an individual site by buildings,
parking areas and driveways (regardless of surface material), pools,
decks and other permanent structures and all impervious surfaces.
For the purpose of this definition, the site shall be considered the
portion of the subject parcel which lies within the zoning district
wherein the proposed use is allowed.
The Board of Appeals established hereunder shall be the special
permit granting authority for any application requiring such permit
to change, alter, or extend a nonconforming structure or use, or for
certification of continuance of existing dwellings. The Planning Board
established pursuant to MGL c. 41, § 81A shall be the special
permit granting authority for all other applications requiring a special
permit.
[Amended 5-3-2011 STM by Art. 24]
The commercial housing of four or more horses by means of
rental of stalls and/or stables and/or the use of property for the
purposes of horseback riding lessons, horse training and similar uses.
It does not include the breeding of horses, which is considered an
agricultural use.
A structure standing, which may be on wheels, that is towed
or hauled by another vehicle and used for the storage of goods and/or
equipment.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, tank, tunnel, tent, stadium, pool, reviewing
stand, platform, bin or the like.
Include residual oil, hydrocarbon products, including but
not limited to gasoline, fuel and diesel oil, and any other substances
classified or controlled as toxic, caustic, corrosive, radioactive
or infectious pursuant to the provisions of MGL c. 21C.
Any vehicle which was originally or is still immediately
portable or mobile and is arranged, intended, designed, or used for
sleeping, eating, or business, or is a place in which persons may
congregate, including a mobile home, house trailer, or camper. Such
vehicle which is no longer immediately portable by virtue of having
its wheels removed or skirts attached still shall be considered a
trailer for the purpose of this bylaw.
A parking space 21 feet in length and 11 feet wide, with
an adjacent access aisle five feet in width, which is dedicated to
parking for appropriately identified vehicles owned or operated by
disabled people and so indicated by appropriate signage and pavement
markings.
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 this bylaw.
The storage of goods and materials by the owner of the goods
or operated for a specific commercial establishment or group of establishments
in a particular industrial or economic field, which shall not include
the bulk storage of nuclear or radioactive products and/or toxic waste
chemicals. Such use may include the transportation of such goods or
materials by motor freight.
A business or establishment primarily engaged in selling
merchandise to retailers, to industrial, commercial, institutional,
or professional business users, or to other wholesalers, or buying
merchandise for, or selling merchandise to, such individuals or companies.
Any yard abutting a road, street or way.
The yard abutting adjoining property opposite or approximately
opposite the front yard or yards.
Those portions of a lot abutting adjoining lots, roads, streets
or ways which may not be built or encroached upon except as hereinafter
provided.
A means of disposing of used personal property by a householder
or several householders who originally acquired the property for personal
household use and not for the purpose of sale or resale at a profit.
A yard other than a front or rear yard.
For permanent use or occupancy, the total time of which shall
constitute more than six months during any one calendar year.
[1]
Editor's Note: The former definition of "essential services,"
which immediately followed, was repealed 9-26-2020 ATM by Art. 24.
[2]
Editor’s Note: The former definition of “guesthouse,”
which immediately followed this definition, was repealed 5-2-2016
ATM by Art. 47.
[3]
Editor's Note: See MGL c. 41, §§ 81K
to 81GG.
