[Amended 5-2-2016 ATM,
Art. 26]
Unless the context otherwise requires or as
otherwise set forth by definition in the individual sections of this
Zoning Bylaw, the following definitions shall be used in the interpretation
and construction of the Zoning Bylaw. Words used in the present tense
include the future; the singular number shall include the plural;
the plural the singular, and the word "shall" is mandatory, not directive.
Words not specifically defined below shall be as defined in normal
usage.
An independent living unit containing a kitchen, bathroom,
living area and independent means of egress, built into or attached
to an existing single-family dwelling (referred to herein as the "principal
dwelling").
[Added 5-7-2018 ATM,
Art. 69]
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
A portion of a building equipped with housekeeping facilities
and used as a dwelling unit, for which periodic compensation is paid
and which is occupied by a person other than the legal owner.
Frontage measurement that shall be measured contiguously
along the front lot line from sideline to sideline. Approved lot frontage
as it pertains to traditional corner lots, dual corner lots and enclosed
lots shall be measured in accordance with Figures 1, 2 and 3[1] accordingly.
[Added 5-2-2011 ATM, Art. 46]
A reference plane for a building or structure as a whole
representing the average of finished ground level adjoining the building
or structure at all exterior walls. In calculating said reference
plane, the elevation of each point used to calculate said average
shall be determined by using the lowest elevation of finished ground
level within the area immediately adjoining the building or structure
and either the lot line or a point six feet from the building or structure,
whichever is closer to the building or structure.
[Added 5-2-2011 ATM, Art. 46]
A story having a part, but not more than 1/2 of its height
below grade. A basement is counted for the purpose of height regulations.
As defined and regulated in § 415-91 of this bylaw.
[Amended 5-5-2008 ATM, Art. 42]
A dwelling other than a hotel, where for compensation by
prearrangement for definite periods, lodging and meals are provided
for three or more persons.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals, or property.
Building height shall be measured from the calculated average
grade plane to the highest point of the building's roof.
[Amended 5-12-2003 ATM, Art. 50; 5-2-2011 ATM, Art. 46]
A structure in which the principal use of a site is conducted.
That space of a building that is partly or entirely below
grade, which has more than 1/2 of its height below grade.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational,
or recreational purpose, but not primarily for profit to render a
service which is customarily carried on as a business.
The maximum three-dimensional space on a lot within which
a primary structure can be built as permitted by height and setback
requirements.
[Added 5-2-2011 ATM, Art. 46]
One or more rooms designed for occupancy by one family that
includes kitchen, sanitary and living facilities.
A hotel, motel or guest quarters that offers rooms by the
day, Week or longer to transient guests, which rooms may contain kitchenette
facilities. Such kitchenette facilities may include a refrigerator,
two burner stove, without oven, a microwave oven, dishwasher and sink.
[Added 5-13-2002 ATM, Art. 36]
A household constituting a single housekeeping unit occupied
by one or more persons.
The gross horizontal area of all floors (excluding area used
for parking) within the exterior walls of a building.
In the case that the approved lot frontage is not readily
determinable, a decision by the Building Department is required. This
pertains to existing and proposed building lots.
[Added 5-2-2011 ATM, Art. 46]
The total linear footage of property immediately adjacent
to existing streets.
An accessory building designed or used for the storage of
automobiles.
The average level of the finished ground surface immediately
adjacent to the exterior walls of the building.
A floor level situated wholly or partially under a sloping
roof, suitable for any use permitted in the zoning district, in which
the ceiling area (in plan projection), at a height of at least seven
feet three inches above the finished floor is not more than 1/2 the
area of the floor level next below.
[Added 5-2-2011 ATM, Art. 46]
A building having room facilities for more than one overnight
patient, used for providing on-the-premises medical or surgical care
for the sick or injured human being, together with all related facilities.
As defined and regulated in § 415-37 of this bylaw.
[Added 5-5-2008 ATM, Art. 42]
A building in which lodging, or boarding and lodging, are
provided and offered to the public for compensation.
A building occupied by a group, cooperative, board, agency
or organization created for the purpose of carrying on nonprofit functions
of a public or semi-public nature, such as hospitals, schools, churches,
fraternal orders, and orphanages.
Land, with or without building, primarily used for the outside
storage of used and or discarded materials (including but not limited
to wastepaper, rags, metal, building materials, and vehicles) for
processing, salvage, sale or other disposition.
A pack or collection of dogs on a single
premises, including a commercial boarding or training kennel, commercial
breeder kennel, domestic charitable corporation kennel, personal kennel
or veterinary kennel as those terms are defined in MGL c. 140, § 136A.
[Added 5-7-2012 ATM,
Art. 50; amended 5-6-2013 ATM,
Art. 33; 5-6-2013 ATM, Art. 43; 5-1-2023 ATM by Art. 74]
A plot, tract, or parcel of land intended for transfer of
ownership, use or improvement.
LOT, CORNERA lot abutting two or more streets at their intersection.
LOT DEPTHLot depth shall be measured by a line beginning at the midpoint of the approved frontage and running at a ninety-degree angle continuing until it intersects with either a side or rear lot line.
[Added 5-2-2011 ATM, Art. 46]
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe lot line separating the lot from the street which serves as the primary means of access to the property or lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than the front or rear lot line.
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
Any lot line running along the boundary line of a way, road
and street whether public or private through which the buildable portion
of the lot has access to that public or private way, road and or street
on which it lies.
[Added 5-2-2011 ATM, Art. 46]
Any lot that has more than one lot line that coincides with
the line of a roadway whether public or private.
[Added 5-2-2011 ATM, Art. 46]
Figure 1. Traditional Corner Lot – See Attachment 1 at the end of Chapter 415.
Figure 2. Dual Corner Lot – See Attachment 1 at the end of Chapter 415.
Figure 3. Enclosed Lot – See Attachment 1 at the end of Chapter 415.
Figure 4. Cut Corner Lot – See Attachment 1 at the end of Chapter 415.
Figure 5. Dual Access Lot – See Attachment 1 at the end of Chapter 415.
Figure 6. Triangular Lot — See Attachment 2 at the end of Chapter 415.
[Added 5-6-2019 ATM by
Art. 14]
A retail business in the Industrial/Business District occupying
at least 50,000 square feet of space within a building and located
on a lot of at least five acres in area.
[Added 6-6-1994 ATM, Art. 80]
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof; and resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil,
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, except
the resin extracted therefrom, fiber, oil, or cake or the sterilized
seed of the plant which is incapable of germination. The term also
includes marijuana infused products (MIP) except where the context
clearly indicates otherwise.
[Added 5-5-2014 ATM,
Art. 44]
A marijuana establishment shall include all types of marijuana
establishments as defined in MGL c. 94G, exclusive of facilities that
are licensed for medically prescribed purposes, to include marijuana
cultivators, marijuana testing facilities, marijuana product manufacturers,
marijuana retailers or any other type of licensed marijuana-related
businesses.
[Added 5-7-2018 ATM,
Art. 65]
[Amended 5-12-2003 ATM, Art. 50]
A residential development in an R-4 or B-2 zone consisting of one or more buildings containing separate dwelling units. All dwelling units in a Multi-Family Development in a B-2 District shall have a maximum of two bedrooms. The total number of units shall be determined in accordance with § 415-22. All buildings shall comply with other applicable sections of the bylaw. Any land located in a B-2 zoning district may be used for access to or egress from a Multi-Family Development located in a B-2 zoning district.
A Multi-Family Development shall be allowed on land located in a B-2 District only if i) the lot or lots proposed for such development have in the aggregate a minimum of five acres of contiguous land, notwithstanding § 415-22F(1) of this bylaw; ii) there are one or more lots abutting the lot(s) in question that are currently zoned Residence; iii) there are one or more lots abutting the lot(s) in question that are currently zoned Business; and iv) the lot(s) in question have the minimum frontage required under § 415-28 only on a street primarily used for residential purposes.
The use of any building or land which was lawful at the time
of passage of this bylaw, or amendment thereto, but which conflicts
with the provisions of the effective zoning district designation.
A home for the aged and/or infirm which provides for food,
shelter and care of its residents for compensation. Not included within
this definition are hospitals, clinics or other medical establishments
devoted primarily to the diagnosis and treatment of the sick or injured.
A building, room or space where clerical or administrative
activities are performed.
An open area used exclusively for the temporary storage of
motor vehicles where fees may be charged, but where no vehicles may
be equipped, repaired, rented or sold.
A coordinated, multiple land use project developed, maintained
and/or operated as a single unit by an individual, partnership, corporation
or cooperative group, which features certain commonly used facilities,
such as yards, open space, recreation areas, and parking areas.
An establishment, owned or operated by a not-for-profit entity
registered under 105 CMR 725.100, also known as a Medical Marijuana
Treatment Center/Dispensary, that acquires, cultivates, possesses,
processes (including development of related products such as edible
marijuana infused products, 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
solely for the benefit of registered qualifying patients. Unless otherwise
specified, registered marijuana dispensary refers to the site(s) of
dispensing, cultivation, delivers, transfers, transports, supplies
and the preparation of marijuana and or other related supplies. These
establishments shall be located wholly inside a structure or building.
[Added 5-5-2014 ATM,
Art. 44]
A vehicle or movable dwelling structure which is designed
to be used for living or sleeping quarters.
A building designed for occupancy by three or more families
living independently of each other, and containing three or more dwelling
units, separated by vertical walls or horizontal floors unpierced
except for access to the outside or to a common cellar.
A detached building, designed for and occupied exclusively
by one family, except for a mobile home as defined above.
A detached or semidetached building where not more than two
individual family or dwelling units are separated by vertical walls
or horizontal floors, unpierced except for access to the outside or
to a common cellar.
In single-family, two-family or multi-family residences located
in any zoning district, payment of a monetary or other consideration
other than normal and reasonable living and housing expenses by a
third party not resident in a household to a person residing in said
household in exchange for providing living quarters to another person
not related to the payee by blood or marriage shall constitute the
establishment of a Residential Commercial Care Facility, and shall
require the issuance of a Special Permit by the Board of Appeals.
An attached or detached building for housing seniors over
the age of 55.
A group of buildings of a single lot greater than five acres
in size providing primarily retail services with supporting services
and office establishments. For the purpose of this bylaw, similar
uses on a lot less than five acres in size may be established exclusive
of the "Shopping Center" requirements of this bylaw except for the
Site Plan Review Process and all other requirements of this bylaw.[2]
A use ordinarily prohibited from a zoning district, but because
of its unique characteristics is permitted by approval of either the
Board of Appeals or the Planning Board as provided in this bylaw.
That portion of a building included between the surface of
any floor and the surface of the floor next above it.
A way, over 24 feet in right-of-way width, which:
[Amended 5-7-2012 ATM,
Art. 50]
Is a public way laid out by a governmental entity or public
authority pursuant to Massachusetts General Laws or is shown as a
public way on an official map adopted by the Town pursuant to MGL
c. 41, § 81E, or has been accepted by the Town as a public
way; or
Is shown on a plan approved and endorsed in accordance with
the "Subdivision Rules and Regulations of Rockland" and MGL c. 41,
§§ 81K to 81GG; or
Has, 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
to serve such land and buildings erected or to be erected thereon.
Any box, building, trailer, or other receptacle that is intended
for use as a collection point for donated clothing, books or other
household materials, intended for use at times when no employee or
representative of the sponsoring company, organization or property
owner is present to accept donations.
[Added 5-7-2012 ATM,
Art. 50]
An authorized departure to a minor degree from the text of
this bylaw issued by the Board of Appeals in accordance with the procedure
set forth in this bylaw.
All equipment, machinery and structures utilized in connection
with the conversion of 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 5-4-2009 ATM, Art. 18]
An open space which lies between the principal building or
group of buildings and a lot line and is unoccupied and unobstructed
from the ground level upward.
YARD, FRONTAn open space which lies between the principal building or group of buildings and the front lot line and extending the full width of the lot.
YARD, REARAn open space which lies between the principal building or group of buildings and the rear lot line extending the full width of the lot.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or group of buildings and the nearest side lot line.
Any area of land designated by the Town as restricted from the use of hazardous materials, for the prevention of contamination of the ground and surface water resources which provide drinking water to the Town. See § 415-21.
The administrative officer charged with the duty of enforcing
the provisions of this bylaw. The administrative officer charged with
enforcement duties is the Town Building Inspector. For purposes of
this bylaw, the terms Enforcement Officer and Building Inspector shall
be considered inter-changeable.
[Added 5-1-2023 ATM by Art. 81]
Pursuant to MGL c. 40A, § 9, the Rockland Planning
Board, acting as the Special Permit granting authority, shall have
up to one associate member, who shall sit on the Board when there
are less than five members sitting, for the purposes of acting on
a Special Permit application. This position of associate member will
be filled by joint appointment of the Select Board and the Planning
Board and the term shall be fixed for three years. If provision for
the associate member has been made, the Chair of the Planning Board
shall designate the associate member to sit on the board for the purpose
of acting on a Special Permit application, in the case of absence,
inability to act, or conflict of interest, on the part of any member
of the Planning Board or in the event of a vacancy on the Board.
