Town of Wakefield, MA Definitions

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Article II Definitions

§ 190-4 Definitions and word usage.

§ 190-4 Definitions and word usage.

General.

The intent of this section is to provide definitions for certain terms, words and/or series of words which are to be utilized in the interpretation of this chapter, whether or not the definition stated herein is contrary to common usage or contrary as quoted in a dictionary.

For the purpose of this chapter and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "used" or "occupied" includes the words "designed," "arranged," "intended," or "offered" to be used or occupied; 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 mandatory and directory, and "may" is the permissive. Any word indicating sex, such as "he" or "she," shall be construed to mean both sexes.

Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this chapter or the Building Code shall have the meanings given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the classes retail and service trades and wholesale trade and manufacturing shall be defined by the Standard Industrial Classification Manual published by the United States Bureau of the Census.

Definitions. The defined words and phrases are as follows:

The cessation of a use as indicated by the visible or otherwise apparent intention of an owner to discontinue a use of a structure or lot or in removal of the characteristic equipment or furnishing used in the performance of the use without its replacement by similar equipment or furnishings or the replacement of a nonconforming use or structure by a conforming use or structure.

ACCESSORY USEA use customarily incidental to, and on the same lot as, a use permitted in a district, provided that the accessory use is not injurious, noxious or offensive to nor inconsistent with the character of said district.

ACCESSORY BUILDINGA building devoted exclusively to an accessory use and on the same lot as the use to which it is accessory.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion (greater than 20%) of its stock-in-trade books, magazines and other matter which are distinguished as characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

[Added 5-6-1996 ATM by Art. 37]

An establishment having as a substantial or significant portion (greater than 20%) of its entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

[Added 5-6-1996 ATM by Art. 37]

ADULT PARAPHERNALIA STORE

An establishment having as a substantial or significant portion (greater than 20%) of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

[Added 5-6-1996 ATM by Art. 37]

An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

[Added 5-6-1996 ATM by Art. 37]

ADULT VIDEO STORE

An establishment having as a substantial or significant portion (greater than 20%) of its stock in videos and other matters which are distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

[Added 5-6-1996 ATM by Art. 37]

AFFORDABLE DWELLING UNITS

Dwelling units eligible to be counted toward the Town of Wakefield's total of "subsidized units" in the Massachusetts General Laws, Chapter 40B, Subsidized Housing Inventory, as the same may be revised from time to time.

[Added 11-8-2004 RTM by Arts. 31, 33, 34]

ART/CRAFT STUDIO

A room or group of rooms used by artists and craftspeople for the creation of any visual art or craft, including but not limited to: painting, drawing, graphic design, photography, sculpture, ceramics, jewelry, leatherwork and other related arts and crafts; of written works of fiction and nonfiction; or of any performing art.

[Added 5-1-2017 ATM by Art. 29]

ASSISTED LIVING FACILITY

A residential development subject to certification under MGL Chapter 19D, as the same may be amended or recodified, which provides room and board, and which provides assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider and collects payment or third-party reimbursement from or on behalf of residents to pay for the provision of room and board and the provision of assistance with the activities of daily living. An assisted living facility may also include independent living units as defined by the Wakefield Zoning Bylaw; however, the number of independent living units shall not exceed 50% of the total number of units in the facility.

[Added 5-14-2012 ATM by Art. 29; amended 2-6-2014 STM by Art. 6]

ATTACHED DWELLING

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is completely separated from any other unit by one or more common fire-resistant walls. "Attached dwellings" are also referred to as "townhouse dwellings" or "row house dwellings." (See § 190-32 for regulations related to attached dwellings.)

ATTACHED DWELLING COMPLEX

A group of three or more attached dwellings located on contiguous lots or on a single or commonly owned lot. "Attached dwelling complexes" are usually comprised of units for sale as individual townhouse dwellings (with their own lots) or as condominium units.

A financial institution, authorized, licensed or chartered by the state or federal government that maintains depository accounts for customers, accepts deposits, pays withdrawals, clears or cashes checks, pays interest, makes loans and in addition may provide other financial related services to its customers.

[Added 11-7-2020 ATM by Art. 6]

A building solely occupied or used as a bank, staffed by personnel, where customers may visit and conduct business in person and interact with personnel, including areas within the building such as lobby areas, teller areas, automatic teller machine areas, conference rooms, and customer lounge areas along with areas that are exclusive to personnel, such as safe or storage areas, personnel offices, personnel work areas, personnel conference rooms and other personnel-related facilities such as a cafeteria.

[Added 11-7-2020 ATM by Art. 6]

BASEMENT (SEE ACCOMPANYING DIAGRAM)

A portion of a building partly below grade which has more than 1/2 of its height, measured from finished floor to finished ceiling, above the finished grade of the ground immediately adjoining the building, as computed after construction of the building. A "basement" is not considered a story unless its ceiling is four feet six inches or more above the average finished grade.

See "lodging or rooming house."

The practice of physical body adornment using, but not limited to, the following techniques body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin.

[Added 4-5-2001 ATM by Art. 16]

BODY ART ESTABLISHMENT

A location, place or business where the practices of body art are performed, whether or not for profit.

[Added 4-5-2001 ATM by Art. 16]

A strip of land intended to buffer uses on one lot from uses on an adjoining lot. Such strip shall include natural or planted vegetation sufficient to provide a visual and noise buffer satisfactory to the reviewing authority.

A combination of any materials, whether portable or fixed, having a roof, enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property. For purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.

The aggregate of the maximum horizontal footprint area of all buildings on a lot, exclusive of cornices, eaves, gutters, chimneys, steps, unenclosed porches, balconies and terraces. Such cornices, eaves, gutters, chimneys, steps, unenclosed and uncovered porches, balconies and terraces may extend beyond the minimum yard requirements as established in Article VI, but in no case shall such extension be in excess of five feet beyond the minimum yard requirements.

BUILDING COVERAGE

The building area expressed as a percent of the total lot area.

BUILDING, DETACHED

A building having open space on all sides.

BUILDING FLOOR SPACE AREA

The cumulative gross floor space of all floors of all buildings on a lot.

BUILDING INSPECTOR

The officially established Zoning and Building Enforcement Officer for the Town of Wakefield. The "Building Inspector" may be appointed Zoning Administrator by the Board of Appeals in accordance with MGL c. 40A, § 13.

BUILDING, NONCONFORMING

A building, lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto, which does not conform to one or more of the applicable use, dimensional or density regulations for the district in which the building is located.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is located.

CELLAR (SEE ACCOMPANYING DIAGRAM)

A portion of a building, partly or entirely below grade, which has more than one-half (1/2) of its height, measured from finished floor to finished ceiling, below the average finished grade of the ground immediately adjoining the building, as computed after construction of the building. A "cellar" is not deemed a story.

CERTIFICATE OF OCCUPANCY

A statement signed by the Building Inspector setting forth either that a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.

CLUSTER DEVELOPMENT

See § 190-33 hereof.

COMMERCIAL VEHICLE

[Amended 5-6-1996 ATM by Art. 39]:

Any vehicle which has a vehicle weight, or curb weight, of more than 6,000 pounds as per the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle or pickup, provided that such sport utility vehicle or pickup does not contain on the bed tools, supplies, material or equipment transported to or from a job site.

Any vehicle if on the roof or sides of the vehicle tools, supplies, materials or equipment is transported to or from a job site.

Any vehicle which has business advertisements or business markings thereon, excepting markings limited to the name, address, telephone number and logo of any corporation or other entity.

Any vehicle used to plow or for hire to transport or store goods, wares or merchandise.

Any vehicle used to store or transport goods, wares or merchandise intended for sale in the ordinary course of the vehicle operator's or owner's business.

Any vehicle with five or more wheels on the ground.

DAY-CARE CENTER

Any facility operated on a regular basis, whether known as a "day nursery," "nursery school," "kindergarten," "child play school," "progressive school," "child development center" or "preschool" or known under any other name, which receives children not of common parentage under seven years of age, or under 16 years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. "Day-care center" shall not include any part of a public school system; any part of a private organized educational system, unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day-care home (defined below); an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor. (See also "family day-care home.")

DRIVE-IN RETAIL OR SERVICE ESTABLISHMENT

A business or commercial establishment which dispenses any food, beverages, goods or services from inside a building to persons standing outside or seated in their automobiles.

DWELLING, ATTACHED

See "attached dwelling."

DWELLING, DETACHED

A building which is designed or occupied as a one-family residence on its own lot and is separated by side yards from any other structure or structures, except accessory buildings.

DWELLING, SEMIDETACHED

A building which is designed or occupied as a one-family residence but may be attached on one side to a similar one-family residence (sometimes called a "duplex").

DWELLING, TWO-FAMILY

A structure on a single lot containing two dwelling units.

One or more rooms designed and equipped for one family to occupy as a housekeeping residence with permanent provisions for living, sleeping, eating, cooking and sanitation.

ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY FOR ITS PATRONS

Any establishment which provides live entertainment for its patrons which includes the display of nudity, as that term is defined in MGL c. 272, § 31.

[Added 5-5-1997 ATM by Art. 39]

Any number of persons related to one another by blood, marriage, adoption or foster care placement, including spouses, children, parents and grandparents, or no more than four unrelated individuals, all residing together in a single housekeeping unit.

FAMILY DAY-CARE HOME

Any private residence which on a regular basis receives for temporary custody and care during part or all of the day children under seven years of age or children under 16 years of age if such children have special needs; provided, however, in either case, that the total number of children under 16 in a "family day-care home" shall not exceed six, including participating children living in the residence. "Family day-care home" shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives or the occasional care of children with or without compensation therefor. An occupancy permit from the office of the Building Inspector shall be required. See the definition of "day-care center" if over six children are served.

FAST-FOOD ESTABLISHMENT

An establishment whose primary business is the sale of food for consumption on or off the premises which is primarily intended for immediate consumption rather than for use as an ingredient or component of meals, available upon a short waiting time (five to eight minutes) and packaged or presented in such a manner that it can be readily eaten either inside or outside the premises where it is sold.

The limits of flooding from a particular body of water caused by a storm whose frequency of occurrence is once in a given number of years.

FLOOR AREA RATIO

The ratio of the gross floor area to the total area of the lot. (See definition of "gross floor area" below.)

GARAGE, AUTO REPAIR

Any building used for the keeping of motor vehicles and in which a business or industry dealing with the repair or servicing of such vehicles is maintained.

GARAGE, PRIVATE

Any building or portion of a building accessory to and located upon the same lot as a residential building or upon a lot in the same ownership and adjacent to the lot on which the served residential building is located which is used for keeping of a motor vehicle or motor vehicles.

Any building used for the keeping of motor vehicles in which a business dealing with the storage of such vehicles is maintained either for profit or public service. Such business shall not involve the repair or servicing of any motor vehicles.

GASOLINE STATION

A building or part thereof with no more than two service bays whose chief activity is the selling of gasoline, oil and related products for motor vehicles or the provision of lubricating service, car washing or auto repair, limited to tire servicing and repair, but not recapping or regrooving, replacement of miscellaneous parts and minor repairs and adjustments.

GROSS FLOOR AREA

The sum of the floor areas of all parts of the building(s) on a lot, measured from the outer faces of the walls, excluding basement areas whose interior height is more than 50% below finished grade and excluding enclosed parking garages.

HEIGHT OF BUILDING

The vertical distance of the highest point of the roof above the average finished grade of the ground immediately adjoining the building, as computed before the building is actually erected. This definition excludes chimneys, ventilators, skylights, water tanks, bulkheads, elevator penthouses and other accessory structures which are required or are customarily carried above the roofs of buildings and towers, spires, domes, cupolas and similar parts of buildings if such areas are not used for living or storage purposes and if such structures are not equal to more than 20% of the space occupied by the ground floor of the building. Such accessory structures shall not exceed required height limits by more than 20 feet. Any berm or earth structure changing the grade of the ground shall be added to the elevation of the building to determine its height under this chapter.

HOME OCCUPATION

See § 190-18.

INDEPENDENT LIVING UNITS

Units that provide occupants of said units with access to supportive services such as meals, transportation, laundry, recreation, entertainment, and exercise, but not necessarily on a daily basis and said units need not require certification under MGL Chapter 19D, as the same may be amended or recodified.

[Added 2-6-2014 STM by Art. 6]

LODGING OR ROOMING HOUSE

A building where lodging units are rented to four or more persons. A "lodging house" shall not include convalescent, nursing or rest homes; dormitories of charitable, educational or philanthropic institutions; or apartments or hotels.

One or more rooms for the semipermanent dwelling use of not more than three individuals not living as a single housekeeping unit and not having cooking facilities.

An area or parcel of land or any part thereof in individual, joint or common ownership, or in ownership by the entirety, which is designated on a plan as a separate lot and which has boundaries identical with those on a plan recorded in the South Middlesex Registry of Deeds.

The continuous length of a lot line which is coterminous with the street line of a street to which the lot has legal access.

The shortest distance between opposite side lines of a lot. Between the frontage and the points where the front setback intersects the lot side lines, the lot width shall be at least 90% of the required minimum lot width. At no point between, but not including the front setback and the principal structure, shall the lot be narrower than 75% of the required minimum lot width. Measured at all points through the principal structure on said lot, the lot width shall be at least 100% of the required minimum lot width.

[Amended 4-5-1999 ATM by Art. 24]

MEMBERSHIP CLUB

A noncommercial social, sports or fraternal association or organization which is used exclusively by members and their guests and which does not have as a substantial or significant portion (greater than 20%) of its entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

[Amended 5-6-1996 ATM by Art. 38]

MULTIFAMILY DWELLING

A building (other than an “attached dwelling,” as defined herein) designed or intended or used as the home of four or more families, each in a separate dwelling unit, living independently of each other and who may have a common right in halls and stairways. This definition is intended to include building types commonly known as "garden apartments," "mid-rise apartments" and "high-rise apartments," which are defined below:

[Amended 11-8-2004 RTM by Art. 31]

GARDEN APARTMENTA multifamily dwelling of not more than three stories in height, containing not fewer than three dwelling units and usually arranged with grounds planted and maintained with grass, shrubs and trees. (See also the definition for "attached dwelling complex.")

MID-RISE APARTMENTA multifamily dwelling of more than three stories but not more than six stories in height.

A place in which functions such as directing, consulting, recordkeeping, clerical work and sales (without the presence of merchandise of a firm) are carried on. Also, a place in which a professional person conducts his professional business.

A yard area which is unbuilt upon but which may include sidewalks, swimming pools, terraced areas, patios, tennis courts, play courts, playground facilities or similar facilities and is not devoted to streets, driveways or off-street parking or loading areas.

OPEN SPACE LAND

Land set aside solely for the conservation purposes which is unbuilt upon and shall be maintained in a natural state and used for the following purposes only:

[Amended 11-19-2015 RTM by Art. 11]

Protection of areas with unique or environmentally sensitive features;

Protection of the quality and quantity of underground and surface waters;

Conservation of soils, wetlands or marshes;

Protection of natural drainage systems for assurance of safety from flooding;

Preservation of sites, or areas of scenic beauty or historic interest;

Conservation of forest, wildlife, agricultural and other natural resources; and

Pedestrian pathways.

OPEN SPACE, LANDSCAPED

Open space designed and developed for pleasant appearance in trees, shrubs, ground cover and grass, including other landscaped elements, such as natural features of the site, walks and terraces, and may also include open areas accessible to and developed for the use of the occupants of the property located upon a roof not more than 10 feet above the level of the lowest story used for dwelling purposes.

OPEN SPACE, USABLE

Open space land which is free of automobile traffic and parking and readily accessible to those for whom it is intended. It must be sufficiently well drained to permit its use for informal recreation for most seasons of the year. Such space may include open areas intended for the exclusive use of site occupants as well as those accessible to the public.

[Amended 11-19-2015 RTM by Art. 11]

RECREATIONAL TRAILER OR VEHICLE

A vehicular, portable unit designed for travel, camping or recreational use, including but not limited to the following:

TRAVEL TRAILERA vehicular, portable dwelling unit built on a chassis, being of any length, provided that its gross weight does not exceed 4,500 pounds, or being of any weight, provided that its overall length does not exceed 28 feet.

PICKUP CAMPERA portable dwelling unit designed to be mounted on a pickup truck or chassis, whether or not so mounted.

MOTORIZED CAMPERA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

TENT TRAILERA folding structure, constructed of canvas, plastic or similar water-repellent material, designed to be mounted on wheels to be used as a temporary dwelling.

BOAT OR UTILITY TRAILERA vehicle without motive power designed to be drawn by a motor vehicle and designed for the hauling or storage of a boat, aircraft, snowmobile or other materials.

With respect to a building or structure, any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure.

An establishment where the principal activity is the service or sale of food or drink for on-premises consumption.

See "attached dwelling."

The horizontal distance measured perpendicularly from the property line to the building line.

A portion of the street or public place in which tables and chairs are placed for the use of patrons consuming food or beverages, including alcoholic beverages, that is operated by a food service business located on abutting property.

[Added 5-14-2012 ATM by Art. 25]

A use of a structure or lot or any action upon a premises which may be permitted under this chapter only upon application to and the approval of the appropriate board and in accordance with provisions of Article VIII of this chapter and MGL c. 40A, § 9.

The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third (1/3) of the area of the floor immediately below, it shall be deemed to be a "story." A basement shall be deemed to be a "story" when its ceiling is four feet six inches or more above the finished grade. A cellar shall not be deemed to be a "story." An attic shall not be deemed to be a "story" if unfinished and not used for human occupancy.

STORY, HALF (see accompanying diagram)

A story which is under a gable, hipped or gambrel roof, where less than one-half (1/2) the floor area has a clear height of seven feet or more.

STREET (see accompanying diagram)

A public thoroughfare which has been accepted for public use; an existing private thoroughfare in use which has not been accepted for public use; or a Planning Board approved subdivision street. It shall be synonymous with the words "road," "avenue," "highway" and "parkway" and other similar designations. Prior to issuance of a building permit, the Building Inspector shall determine that the street will be passable for automobiles and emergency vehicles during all seasons of the year.

The outside limit of a street or way, either existing or contemplated, to which the public and/or abutters have rights, dividing the street and the lots which abut the street.

A combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelter, pier, wharf, bin, fence, sign or the like.

See "attached dwelling."

TRUCKING TERMINAL

A terminal for the temporary or permanent storage, repair or refueling of interstate trucks described as "semitrailers" or "trailer trucks."

That contiguous portion of the lot area that is not part of detention basins, retention basins, land under water (LUW), land subject to flooding (LSF), bordering vegetated wetlands (BVW) or floodplains. The principal structure must be located in the upland area, and the required minimum upland area, as defined in § 190-31J, must be directly accessible from the principal structure without crossing detention basins, retention basins, LUW, LSF, BVW or floodplains. For the purpose of this section, "LUW," "LSF," "BVW" and "floodplains" shall be as defined in the current edition of Massachusetts Code of Regulations 310 CMR 10.00, as amended from time to time.

[Added 4-5-1999 ATM by Art. 25]

The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.

USE, NONCONFORMING

A use lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto which does not conform to one or more provisions of this chapter.

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 chapter.

A departure from the terms of this chapter authorized by the Board of Appeals under the terms of § 190-66 of this chapter.

An open space unobstructed from the ground up, on the same lot with a principal building and extending along a lot line or front lot line and inward to the principal building. The size of a required "yard" shall be measured as the shortest distance between the outer face of the building and a lot line or front lot line. Structures which are below the finished lot grade shall not be deemed to occupy required "yards."

A yard extending for the full width of the lot between the front line of the nearest building wall or building part and the front lot line.

A yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

A yard, unoccupied except by an accessory structure or use as herein permitted, between a building and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a "side yard."

ZONING ADMINISTRATOR

The Board of Appeals, in accordance with MGL c. 40A, § 13, may appoint, subject to confirmation by the Town Council, a Zoning Administrator. The Board of Appeals may delegate to said Zoning Administrator some of its powers and duties. Any person aggrieved by a decision or order of the Zoning Administrator may appeal to the Board of Appeals in accordance with MGL c. 40A, § 14. The Building Inspector may also serve as Zoning Administrator if so appointed.

[Amended 11-5-2018 RTM by Art. 17]