Town of Randolph, MA General Provisions

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 always mandatory and not merely directory. Terms and words not defined herein but defined in the State Building Code or the Town of Randolph Subdivision Regulations[1] shall have the meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meanings given in Webster's Unabridged Dictionary, latest edition.

[1]

Editor's Note: The Subdivision Regulations are on file in the Town Clerk's office.

As used herein, the following words and terms shall have the following respective meanings:

ABANDONMENT

(1)

The visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or premises;

(2)

The removal of the characteristic equipment or furnishings used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings; or

(3)

The replacement of the nonconforming use or building by a conforming use or building.

ABUT

To touch; be contiguous; border on; without intervening land.

ACCESS

A way or means of approach to provide vehicular or pedestrian entrance to or exit from a property.

ACCESS CONNECTION

Any driveway, street, curb cut, turnout or other means of providing for the movement of vehicles to or from the public/private roadway network.

ACCESS DRIVE

A permanent (dust-free) surface which is required for each lot, for the passage of motor vehicles for access and egress to and from a street. An access drive may lead to or from a parking space or loading bay or to other access drives or to a related maneuvering aisle.

ACCESS, CROSS

A service drive providing vehicular access between two (2) or more contiguous sites so the driver need not enter the public street system.

ACCESSORY SIGN

Any sign that, with respect to the premises on which it is erected, advertises or indicates one (1) or more of the following: the person occupying the premises or the business transacted on the premises, or any part thereof, and which contains no other advertising matter.

ADULT USES

Adult uses are characterized by material having as a dominant theme an emphasis on matter depicting, describing or relating to specified sexual activities or nudity (MGL c. 272, § 31). Each of the following adult uses shall be considered a separate use, and approval of one (1) use shall not infer the approval of any other adult use. If an adult use is approved in combination with any other adult use, interior access is required throughout the entire establishment.

(1)

ADULT BOOKSTORE or ADULT MOTION PICTURE THEATERAs defined in MGL c. 40A, § 9A.

(2)

ADULT CLUBSAny nightclub, bar, restaurant, tavern, dance hall or similar commercial establishment which, as a form of entertainment, allows a person or persons to perform in a state of nudity, as defined in MGL c. 272, § 31, or allows a person or persons to work in a state of nudity as defined in MGL c. 272, § 31, or features films, motion pictures, videocassettes, laser discs, slides or any other photographic reproductions depicting a person or persons in a state of nudity, as defined in MGL c. 272, § 31, or depicting sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

(3)

ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion of its stock-in-trade 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.

(4)

ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film materials which are distinguished or characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

ALCOHOLICS ANONYMOUS (AA), ET AL

Any nonprofit organization/program consisting of abstinent alcoholics whose purpose is to stay sober and help others recover from the disease of alcoholism.

[Added 1-28-2013 by Ord. No. 2013-001]

ALTERATION

An addition, expansion, change or moderation of a building, sign or structure or the accessory equipment thereof, that is not classified as an ordinary repair. The moving of a building or structure from one (1) location to another shall be considered an alteration.

[Amended 5-22-2006 ATM by Art. 50, approved 10-17-2006]

ALTERATION, STRUCTURAL

Any change or rearrangement in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, that the application of any exterior material to an existing building for the purpose of changing its appearance shall not be considered a structural alteration. "Structural alteration" shall include any enlargement or diminution of a building or structure or usable space therein.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

ALTERATIONS/ALTERED, SIGNS

The changing of moveable parts of an approved sign that is designed for such changes or the repainting or reposting of display matter shall not be deemed an alteration, provided that the conditions of the original approval of the sign permit requirements are not violated.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

AMENITY USES

Accessory communal areas, amenity areas, or services available to the building residents and their guests only.

[Added 4-29-2024 by Ord. No. 2024-007A]

APARTMENT HOUSE/COMPLEX

A building or buildings, under single ownership, each of which contains three (3) or more separate but attached dwelling units arranged atop each other, for use by families living independently of each other and who have a common right in halls, stairways and amenities.

[Amended 5-22-2006 ATM by Art. 50, approved 10-17-2006]

APPLIANCE, FURNITURE AND HOUSEHOLD EQUIPMENT RENTALS/MACHINE RENTALS, SMALL

Establishments involved in rental or sales of home furnishings, instruments or devices designed for use in the home such as stoves, refrigerators, televisions, etc., where the facility is less than seven thousand (7,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

APPLIANCE, FURNITURE AND HOUSEHOLD EQUIPMENT SALES/MACHINE SALES, LARGE

Establishments involved in rental or sales of home furnishings, instruments or devices designed for use in the home such as stoves, refrigerators, televisions, etc., where the facility is greater than seven thousand (7,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

AREA OF SIGNS

The area of a sign shall be computed as the overall size of the display, including all backing, frames or casings. A double-faced sign shall be computed as the area of both sides. Any sign made up of individual letters or characters shall be computed by multiplication of the overall length of all letters, including spaces between letters, by the average height of the letters or characters.

[Added 11-3-1997 STM by Art. 13, approved 2-6-1998]

ASSISTED LIVING FACILITY

A facility licensed by the Commonwealth of Massachusetts as a boarding home for people who have either a need for assistance with activities of daily living (including but not limited to eating, toileting, ambulation, transfer and bathing) or some form of cognitive impairment but who do not need the skilled critical care provided by convalescent/nursing homes.

[Added 4-8-2013 by Ord. No. 2012-028]

AUTO REPAIR GARAGE

A building or place of business where oil, batteries, tires and other allied products, supplies or parts of motor vehicles are furnished or sold directly or indirectly to the motor vehicle trade or where minor repairs or adjustments to motor vehicles are performed.

AUTOMATIC TELLER MACHINE (ATM)

An automated device that performs banking or financial functions at a location remote from the controlling financial institution.

AUTOMOBILE TOWING AND IMPOUND FACILITIES

A principal use with more than two (2) salvaging vehicles such as tow trucks, cranes, and flatbed trucks used to tow or haul motor vehicles.

BACK-LOT STRUCTURE

Any building that does not front a public way or public open space and which is not the most visually prominent building on a parcel when viewed from the primary public way or public open space adjacent to that parcel.

[Added 4-29-2024 by Ord. No. 2024-007A]

BASEMENT

A story of a building which is partly or completely underground.

BED-AND-BREAKFAST FACILITY

Any family-occupied dwelling used or designed in such a manner that certain rooms in excess of those used by the family are rented to the transient public on a daily basis for compensation. Breakfast is the only meal that may be served. May also be referred to as a "tourist home."

BEST MANAGEMENT PRACTICES (BMPs)

For the purposes of stormwater management, structural or nonstructural and managerial techniques that are recognized to be the most effective and practical means to prevent or reduce non-point source pollutants from entering receiving waters.

BOARDINGHOUSE

A family dwelling where lodging, with or without meals, is furnished for compensation on a weekly or monthly basis to three (3) or more persons who are not members of the family occupying and operating the premises.

BUFFER STRIP

A strip of land (often including vegetation) where disturbance is not allowed or is closely monitored to preserve or enhance aesthetic and other qualities along or adjacent to roads, trails, watercourses and recreation sites or between properties or lots.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

BUILDING LOT COVERAGE

The total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

BUS STATION, COMMERCIAL

A facility for the pickup and discharge of passengers and freight for buses; includes ticket sales and may include administrative offices.

BUS TERMINAL

A facility which includes equipment and garage for the maintenance, storage, and refueling of buses.

BUSINESS ESTABLISHMENT

Each separate place of business, whether or not consisting of one (1) or more buildings.

CABINET/CARPENTRY SHOP, LARGE

A workshop for the building, assembly and/or finishing of wooden products where the facility is greater than seven thousand (7,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

CABINET/CARPENTRY SHOP, SMALL

A workshop for the building, assembly and/or finishing of wooden products where the facility is less than seven thousand (7,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

CALL CENTER

A central place where customer and other telephone calls are handled by an organization, usually with some amount of computer automation. Typically, a call center has the ability to handle a considerable volume of calls at the same time, to screen calls and forward them to someone qualified to handle them, and to log calls. Call centers are used by mail-order catalog organizations, telemarketing companies, computer product help desks, and any large organization that uses the telephone to sell or service products and services.

CAR WASH

A building, area or entity that provides facilities for, and whose primary purpose is, washing, cleaning, and/or waxing vehicles, either by mechanical means or by hand, either as a service provided by others or by self-service. Facility may provide detailing of motor vehicles as an added service.

[Amended 5-11-2020 by Ord. No. 2020-012]

CATERING ESTABLISHMENT (OFF-PREMISES)

Preparation of food and related materials for a special event, occasion, or other related contracts, which are to be delivered to a location other than where prepared.

CATERING ESTABLISHMENT (ON-PREMISES)

Preparation of food and related materials for a special event, occasion, or other temporary contract, which may be consumed on site or delivered to a location other than where prepared.

CHANGEABLE-COPY SIGN, ELECTRONIC

A sign that changes its message or copy at intervals by programmable electronic, digital or mechanical processes or by remote control.

[Added 5-6-2013 by Ord. No. 2013-022]

CHANGEABLE-COPY SIGN, MANUAL

A sign that changes its message, copy, and/or content by physically or manually altering the surface of the sign.

[Added 5-6-2013 by Ord. No. 2013-022]

CHECK CASHING AND PERSONAL LOAN SERVICES

Businesses whose primary purpose is to provide limited financial services to individuals, such as check cashing and deferred-deposit loans. This includes check cashers, payday advance businesses and other business regulated by MGL Chapter 169A.

CHILD-CARE FACILITY

An establishment licensed by the Commonwealth of Massachusetts for the purpose of either:

(1)

A day-care center, which provides daily care for more than six (6) children under the age of seven (7) years, or sixteen (16) years if such children have special needs; or

(2)

A school-age child-care program, which provides supervised group care for children enrolled in kindergarten or older children who are not more than fourteen (14) years, or sixteen (16) years of age if such children have special needs.

CLINIC

A building or part thereof in which the ambulatory patients are provided diagnostic, therapeutic or preventative medical, surgical, dental or optical treatment by a group of health care professionals or programs licensed or certified by the state, acting conjointly, but not providing for overnight residence of patients.

CLUB

An institution used or intended to be used for an association of persons, whether incorporated or unincorporated, for some common purpose, such as Lions, Elks, Rotary, or Shriners, but not including adult uses, or a group organized solely or primarily to render a service customarily carried on as a commercial enterprise, or only administrative offices supporting the club.

COMMERCIAL VEHICLE

Every vehicle designed, maintained or used primarily for the transportation of property or passengers in furtherance of commercial enterprise, or any vehicle of over eight thousand five hundred (8,500) pounds gross unloaded weight, but not including any manufactured home or recreational vehicle.

CONVALESCENT/NURSING HOME

A medical facility licensed by the Commonwealth of Massachusetts providing accommodation and care to aged and infirm persons but not providing acute-care services. This definition excludes any facility meeting the definition of "hospital" or "rehabilitation facility."

[Added 4-8-2013 by Ord. No. 2012-028]

CONVENIENCE STORE

Any retail establishment offering for sale a relatively limited selection of prepackaged food products, household items, and other related goods, not including gasoline or fuel sales, characterized by a rapid turnover of customers and high traffic generation.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

CONVENTION CENTER

A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.

CONVENTION CENTER/EXHIBIT HALL

A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.

COPY SHOP

A retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment and may include the collating and binding of booklets and reports.

COURIER/DELIVERY/MESSENGER SERVICE

Operations office for the dispatching, coordination, preparation and routing of package pickup and delivery [items weighing under one hundred (100) pounds], or telephone message system.

CREMATORY

An establishment containing a furnace or incinerator for the purposes of reducing dead bodies to ashes by burning.

[Amended 5-22-2006 ATM by Art. 50, approved 10-17-2006]

CUSTODIAL INSTITUTION

A group facility used for the housing of persons on probation or parole.

DATA CENTER

A special facility that performs one (1) or more of the following functions:

(1)

Stores, manages, processes, and exchanges digital data and information;

(2)

Provides application services or management for various data processing, such as web hosting internet, intranet, telecommunications and information technology.

DAY CARE

The care, supervision and guidance for compensation of four (4) or fewer children unaccompanied by a parent, guardian or custodian, on a regular basis for periods less than twenty-four (24) hours per day, in a place other than the child's or children's own home or homes.

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 "pre-school," or known under any other name, which receives children not of common parentage under seven (7) years of age, or under sixteen (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 institution; a facility operated 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; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.

DAY LABORER

A person who sells his/her labor for the day, hour, or for a particular job.

DAY LABORER HIRING CENTER

Any place where day laborers gather to await employers to hire them.

DAY SPA

A facility which specializes in the full complement of body care, including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage, which is open primarily during normal daytime business hours and without provisions for overnight accommodations.

DEPARTMENT STORE

A large retail store organized into departments offering a variety of merchandise; commonly part of a retail chain.

DIRECTIONAL MEDIAN OPENING

An opening in a restrictive median, which provides for the specific movements and physically restricts other movements. Directional median opening for two (2) opposing left or "U-turn" movements along a road segment are considered one (1) directional median opening.

DISCOUNT DEPARTMENT STORE

A business which is conducted under a single owner's name wherein a variety of related or unrelated merchandise and nonautomotive services are advertised and sold primarily at discounted prices and are housed, enclosed, exhibited and sold directly to the customer for whom the goods or services are furnished or sold. Notwithstanding the foregoing, any such business may have various departments, services or uses that are identified by separate names and/or are owned or operated independently of the business for which the department store is named.

DISTRICT

A zoning district as established by Article II of this chapter.

DONATION CENTER

A man or unmanned drop-off center for charitable organizations.

DRIVE-UP OR DRIVE-THROUGH FACILITY

The use of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motorized vehicles that are in a designated stacking lane.

DRIVEWAYS

An open space located on a lot, which is not more than twenty-four (24) feet in width, built for access to a garage or off-street parking or loading space.

DRY-CLEANING AND LAUNDRY ESTABLISHMENT, ON PREMISES

A facility that has equipment on-site to provide dry-cleaning, garment pressing and laundry services.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

DRY-CLEANING AND LAUNDRY ESTABLISHMENT, OFF PREMISES

A facility that serves as a pick-up station for laundry and dry-cleaning services to be provided at another site. The facility may provide on-site garment pressing.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

DUPLEX DWELLING

A two-family building designed with separate dwelling units side by side, separated by a firewall. Only one (1) such building shall be developed on any one (1) lot.

DWELLING

A privately or publicly owned permanent structure containing a dwelling unit or dwelling units. The terms "one-family dwelling," "two-family dwelling" and "multifamily dwelling" shall not include a hotel, lodging house, hospital, membership club, trailer or dormitory.

DWELLING UNIT, ACCESSORY

A second dwelling unit added to, created within, or detached from a single-family detached dwelling for use as a completely independent or semi-independent unit with provisions for cooking, eating, sanitation, and sleeping.

DWELLING, ATTACHED

A dwelling with two (2) or more party walls (firewall) or one (1) party wall in the case of a dwelling at the end of a group of attached dwellings.

DWELLING, MULTIFAMILY

A building containing three (3) or more dwelling units.

[Amended 5-22-2006 ATM by Art. 50, approved 10-17-2006]

DWELLING, MULTIFAMILY FIFTY-FIVE-PLUS

A multifamily dwelling, as defined by this chapter, for exclusive residential occupancy by persons fifty-five (55) or older.

[Added 11-18-2002 ATM by Art. 2, approved 1-21-2003]

DWELLING, SINGLE-FAMILY

A building containing only one (1) dwelling unit for one (1) family. Only one (1) such building shall be developed on any one (1) lot.

DWELLING, TWO-FAMILY

A building containing two (2) dwelling units. Only one (1) such building shall be developed on any such lot.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

DWELLING UNIT

One (1) or more rooms or enclosed floor spaces used or to be used by one (1) or more individuals living as a single family or housekeeping unit with cooking, living, sanitary and sleeping facilities.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

DWELLING UNIT, AFFORDABLE

A housing unit that is subject to a restriction in its chain of title limiting the sale price or rent, or limiting occupancy to an individual or household of a specified income, or both. Affordable Dwelling Units must satisfy Subsidized Housing Inventory (SHI) eligibility criteria, such that it satisfies the requirements for inclusion under 760 CMR 56.03(2) or any other regulation or guidance issued by Executive Office of Housing and Livable Communities (EOHLC).

[Added 4-29-2024 by Ord. No. 2024-007A]

ERECTED

Includes "altered," "rebuilt," "remodeled" and "moved."

ESSENTIAL PUBLIC SERVICE OR UTILITY

Provided by a public service corporation or by governmental agencies through erection, construction, alteration or maintenance of gas, electrical, steam or water transmission or distribution systems and collection, communications, supply or disposal systems, whether underground or overhead, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith.

[Added 12-19-2011 by Ord. No. 2011-009]

ESTATE SALE

A means of selling goods via professional organizer and/or auctioneer and lasting more than one (1) day.

[Added 12-19-2011 by Ord. No. 2011-009]

EXTENDED-STAY HOTEL

A building designed for or containing both individual guestrooms and efficient units/suites, under resident supervision, which maintains an inner lobby through which all tenants must pass to gain access to apartments, rooms or units and offers discounts for extended stays beginning at five (5) days or seven (7) days.

[Added 12-19-2011 by Ord. No. 2011-009]

FAMILY

Except as may otherwise be required by any applicable state or federal law, including education purposes and disabled persons as defined in MGL c. 40A, § 3, or the Fair Housing Act (42 U.S.C. § 3604), one (1) or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of five (5) or more persons who are not within the second degree of kinship shall not be deemed to constitute a family; provided, however, that foster children shall not be counted for this purpose.

[Amended 4-28-2003 ATM by Art. 17, approved 10-1-2003]

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 (7) years of age or children under sixteen (16) years of age if such children have special needs; provided, however, in either case, that the total number of children under sixteen (16) in a family day-care home shall not exceed six (6), 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.

FARMER'S MARKET

Retail sale of fresh fruits and vegetables, and other food and related items, at a facility with spaces occupied by several different temporary tenants on a short-term or daily basis; may be indoor or outdoor; this term does not include roadside stands.

FAST-FOOD ESTABLISHMENT

Any restaurant serving the majority of its food in disposable containers, packages, or other similar wrapping, for consumption on or off the premises.

FAST-FOOD ESTABLISHMENT, FORMULA

A restaurant which primarily sells food prepared and made ready for immediate sale in advance of a customer's order, which may be served in paper, plastic or other disposable containers through a combination of in-car, window, drive-through, or over-the-counter service, and which is required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade, or uniforms. The foregoing shall not apply if food or beverage sales are wholly incidental to a conventional restaurant or other allowed principal use; nor shall this regulation apply to ice cream parlors.

FINANCIAL INSTITUTION

Any establishment, the primary business of which is concerned with such state-regulated activities as banking, savings and loans, and consumer loan companies.

FLOOR AREA

The total area enclosed within the several floors of a building as measured from the exterior faces of the walls, excluding any space where the floor-to-ceiling height is less than six (6) feet. Floor area requirements shall be construed to be based on the gross floor area unless specified as leasable floor area.

FLOOR AREA RATIO

Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six (6) feet.

FOOD AND BEVERAGE CART

A vehicle-mounted food service establishment that is designed to be readily movable. Mobile food vendors include push carts, mobile kitchens, hot dog carts, pretzel wagons, etc.

GASOLINE SERVICE STATION

Any land, building or structure used for sale or retail of motor vehicle fuels, oils, or accessories, or installing or repairing parts and accessories, but not including repairing or replacing of motors, doors, or fenders, or painting motor vehicles.

GROCERY STORE/FOOD MARKET, LARGE

Establishments primarily engaged in retailing a general line of food, such as canned and frozen foods; staple foodstuffs, fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry and other grocery products, including nonfood items such as soaps, detergents, paper goods, other household products, and health and beauty aids, which are greater than five thousand (5,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

GROCERY STORE/FOOD MARKET, SMALL

Establishments primarily engaged in retailing a general line of food, such as canned and frozen foods; staple foodstuffs, fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry and other grocery products, including nonfood items such as soaps, detergents, paper goods, other household products, and health and beauty aids, which do not exceed five thousand (5,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

GROUND FLOOR

The lowest story of a building with a finished floor at or above the finished ground level.

[Added 4-29-2024 by Ord. No. 2024-007A]

GROUP HOME, CONGREGATE-LIVING

A facility that provides an assisted-living program for senior citizens and/or persons with disabilities group homes [seventeen (17) or more persons].

GROUP HOME, LARGE

A facility that provides an assisted-living program for senior citizens and/or persons with disabilities group homes [nine (9) to sixteen (16) persons].

GROUP HOME, SMALL

A facility that provides an assisted-living program for senior citizens and/or persons with disabilities group homes [one (1) to eight (8) persons].

HARDSHIP CULTIVATION

The process of cultivating marijuana subject to registration and restrictions set forth by the Commonwealth of Massachusetts.

[Added 1-28-2013 by Ord. No. 2013-001]

HEIGHT OF BUILDING

The vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface if a flat roof, to the deck line for mansard roofs, and to the mean height level between eaves and ridge for gabled, hip and gambrel roofs.

HOME OCCUPATION

Any commercial use conducted entirely within a dwelling unit and carried on by family members residing in that dwelling unit, the use of which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and which does not alter the exterior or affect the residential character of the neighborhood, and in connection with which there is no display nor stock-in-trade.

HOSPITAL

A medical establishment licensed by the Commonwealth of Massachusetts whose facilities provide inpatient accommodations for acute medical and surgical care; and other inpatient services for sick, ailing or injured persons; and including such related facilities as laboratories, outpatient departments, training facilities, central services, staff offices and residences that are integral with and accessory to the principal use.

[Amended 4-8-2013 by Ord. No. 2012-028]

HOTEL

A building occupied or used as a predominantly temporary abiding place by individuals or groups of individuals, with or without meals, and in which building there are more than five (5) sleeping rooms and in which rooms there is no provision for cooking.

IMPERVIOUS SURFACE

Any hard-surfaced, man-made areas that do not readily absorb or retain water, including but not limited to patios, paved parking and driveway areas, walkways, sidewalks and paved recreation areas (e.g., basketball courts, tennis courts, swimming pools). This would exclude public sidewalks on private property and buildings.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

IMPERVIOUS SURFACE COVERAGE

The area of the lot occupied by impervious surfaces.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

IMPOUND

To take and hold a vehicle in legal custody.

IMPOUND YARD

Any area or enclosure established and used solely and exclusively for the parking and storage of impounded vehicles.

IN-LAW APARTMENT

A separate dwelling unit within a detached single-family dwelling subordinate in size to the single-family dwelling and which maintains the appearance of the structure as a single-family dwelling.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

LIVERY

A business wherein vehicles are offered for hire by the public with fees fixed on an hourly or per-trip basis and not having any route or fixed schedule.

[Added 12-19-2011 by Ord. No. 2011-009]

LOT

A parcel of land occupied or intended to be occupied by one (1) main building or use, with its accessories, and including the open space accessory to it, which is defined in a deed or plan recorded with the Norfolk Registry of Deeds or Norfolk Registry District. No land which is within the boundaries of a street accepted, proposed or dedicated shall be included in determining lot areas.

[Amended 4-24-2001 ATM by Art. 23, approved 12-21-2001]

LOT COVERAGE, MAXIMUM

Includes the percentage of a lot covered by buildings plus that percentage of a lot covered by impervious surfaces.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

LOT DEPTH

The mean horizontal distance between the front lot line and the rear lot line.

LOT FRONTAGE

The property line dividing a lot from a street (right-of-way). On a corner lot, the owner shall designate one (1) street line as the front lot line. On a corner lot, where the junction of two (2) streets is formed by a curve, the frontage shall be measured along the tangent line of the curve from the point of intersection to the side lot line.

LOT LINE, REAR

The lot line opposite the front lot line.

LOT LINE, SIDE

Any lot line not a front or rear lot line.

LOT, NONCONFORMING

A lot lawfully existing at the effective date of this chapter, or any subsequent amendment thereto, which is not in accordance with all provisions of this chapter.

LOT WIDTH

The horizontal distance between the side lot lines as measured at the minimum required setback distance required by this chapter.

MACHINE SHOP, LARGE

A workshop where power-driven tools are used for making, finishing, or repairing machines or machine parts, which is greater than three thousand (3,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

MACHINE SHOP, SMALL

A workshop where power-driven tools are used for making, finishing, or repairing machines or machine parts, which shall not exceed three thousand (3,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

MAJOR HIGHWAY

A street designated as a numbered highway by the commonwealth if having at least two (2) travel lanes in each travel direction.

MANUFACTURING, FABRICATION AND PROCESSING OF GOODS, LARGE

An establishment engaged in the mechanical or chemical transformation of materials (natural and man-made) or substances into new products, including but not limited to machine parts; fabricated structural metal products; and electronic and communication components, systems and equipment, which is greater than three thousand (3,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

MANUFACTURING, FABRICATION AND PROCESSING OF GOODS, SMALL

An establishment engaged in the mechanical or chemical transformation of materials (natural and man-made) or substances into new products, including but not limited to machine parts; fabricated structural metal products; and electronic and communication components, systems and equipment, which shall not exceed three thousand (3,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

MARIJUANA

Has the meaning given "marihuana" in MGL Chapter 94C, defined as 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.

[Added 1-28-2013 by Ord. No. 2013-001]

MARIJUANA CULTIVATION

The act or art of improving, using, and preparing in order to foster growth and/or to raise a specific crop product of natural or synthetic marijuana.

[Added 1-28-2013 by Ord. No. 2013-001]

MARIJUANA DISPENSARY AGENT

An employee, staff, volunteer, officer, or board member of a not-for-profit medical marijuana treatment center.

[Added 1-28-2013 by Ord. No. 2013-001]

MARIJUANA HARVESTING

The act, process, collection, receipt, benefit, or period of gathering a crop that ripens or is gathered during a specific time period that consists of a quantity of a specific crop product of natural or synthetic marijuana.

[Added 1-28-2013 by Ord. No. 2013-001]

MARIJUANA SALES

To sell, exchange, give or dispose of marijuana to another person or persons.

[Added 1-28-2013 by Ord. No. 2013-001]

MEDICAL MARIJUANA TREATMENT CENTER

A Massachusetts not-for-profit entity, registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.

[Added 1-28-2013 by Ord. No. 2013-001]

MEDICAL USE OF MARIJUANA

The acquisition, cultivation, possession, processing (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transportation, sale, distribution, dispensing, or administration of marijuana, for the benefit of qualifying patients in the treatment of debilitating medical conditions, or the symptoms thereof.

[Added 1-28-2013 by Ord. No. 2013-001]

MINI STORAGE FACILITY

A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers and other residential uses; and may include refrigerated facilities.

MIXED-USE DEVELOPMENT

The combination of residential and nonresidential uses on a single lot of land or on two (2) or more contiguous lots in joint ownership.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006; amended 4-29-2024 by Ord. No. 2024-007A]

MIXED-USE DEVELOPMENT, MULTIFAMILY

A mixed-use development that contains three (3) or more dwelling units. The dwelling units contained in a multifamily mixed-use development shall be not less than six hundred twenty-five (625) square feet of usable living area, not more than two (2) bedrooms, at least one (1) full bath and an individual laundry unit (no shared laundry facilities on the premises).

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006; amended 4-29-2024 by Ord. No. 2024-007A]

MIXED-USE or MIXED USE

The combination of residential and nonresidential uses on a single parcel of land.

[Added 4-29-2024 by Ord. No. 2024-007A]

MOTEL

A building made up of two (2) or more separate living or sleeping quarters used independently of each other and used principally for overnight accommodations for compensation.

MUNICIPAL LIAISON

A single point of contact appointed by the Town Manager to serve as the primary municipal liaison for all issues relating to the Expedited Permitting Statute, MGL c. 43D, §§ 1 through 16.

[Added 12-3-2007 STM by Art. 7, approved 4-14-2008]

NARCOTICS ANONYMOUS (NA), ET AL

Any nonprofit organization/program that focuses on recovery from drug addiction.

[Added 1-28-2013 by Ord. No. 2013-001]

NATURAL MARIJUANA

Organic, naturally grown, nonmanufactured marijuana derived from the plant Cannabis sativa L.

[Added 1-28-2013 by Ord. No. 2013-001]

NONACCESSORY SIGN

Any billboard, sign or other advertising device that does not come within the foregoing definition of an accessory sign.

NONPROFIT ORGANIZATION

An entity that exists solely for religious, charitable, educational, political or civic purposes and is not in business to make a profit.[2]

OFF-PREMISES SIGN

A sign which identifies a facility or service which is not located on the premises where such sign is located.

[Added 11-3-1997 STM by Art. 13, approved 2-6-1998]

OFFICE FOR EXECUTIVE OR ADMINISTRATIVE PURPOSES

A space in which services are offered or rendered to the public by professionals not resident therein, including (but not limited to) offices for medical doctors, dentists, engineers, architects, lawyers, accountants, landscape architects, chiropractors, podiatrists, optometrists, psychologists, insurance or investment counselors, real estate offices or social workers.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

OFFICE OR PROFESSIONAL USE

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

ON-PREMISES SIGN

A sign which is erected and maintained according to the standards set forth herein and upon the same real property on which the business facility or point of interest is located.

[Added 11-3-1997 STM by Art. 13, approved 2-6-1998]

OUTDOOR SALES AND DISPLAY

Land uses in which merchandise is sold or displayed principally outdoors or in which services are offered or rendered to customers principally outdoors. This does not include:

(1)

Outdoor display of agricultural and horticultural products by principal uses which primarily market said products.

(2)

Drive-up windows.

OWNER

The duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use, structure or lot in question.

PARKING GARAGE/DECK

An off-grade structure primarily for the parking of motor vehicles.

PARKING SPACE

An off-street space, whether inside or outside a structure, for exclusive use as a parking stall for one (1) motor vehicle, as required elsewhere in this chapter.

PAWN SHOP

A facility in the business of lending money on mortgages, deposits or pledges of wearing apparel, jewelry, ornaments, household goods or other personal property purchasing such property on the condition of selling the same back again at a stipulated price, when the property so mortgaged, pledged or purchased is deposited with the lender.

PERMIT-GRANTING AUTHORITY

The Board of Appeals as established by § 200-40 of this chapter and the Town Manager as established by § 200-45 of this chapter.

[Amended 5-22-2006 ATM by Art. 50, approved 10-17-2006]

PERSONAL CAREGIVER

A person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient’s medical use of marijuana. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use of the qualifying patient. An employee of a hospice provider, nursing, or medical facility providing care to a qualifying patient may also serve as a personal caregiver.

[Added 1-28-2013 by Ord. No. 2013-001]

PEST CONTROL OFFICE

See "office or professional use."

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

PEST CONTROL OFFICE WITH STORAGE OF CHEMICALS

A professional office space with on-site storage of pesticides, economic poisons, or mechanical devices for preventing, controlling, eradicating, identifying, inspecting for, mitigating, diminishing, or curtailing insects, vermin, rodents, pest birds, bats, or other pests in, on, or under a structure, lawn, or ornamental. This does not apply to pest control performed by a person upon his own individual residential property using disinfectants, sanitizers, or ready-to-use pesticides sold over the counter at retail or pest control performed in greenhouses, plant nurseries, on agricultural crops, trees, groves, orchards and other agricultural areas.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

PET GROOMING SERVICE

A facility engaged in the manicuring, bathing, clipping and styling of pets.

PLASMA CENTER

A business which provides compensation to patrons for plasma drawn from the human body.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

POLITICAL SIGN

A sign erected for the benefit of a political candidate, party or position.

[Amended 4-16-1996 ATM by Art. 9, approved 7-29-1996]

PRINCIPAL STRUCTURE

The structure which fronts a public way or public open space and that is the most visually prominent building on a parcel when viewed from the primary public way or public open space adjacent to that parcel.

[Added 4-29-2024 by Ord. No. 2024-007A]

PRINTING, LARGE-SCALE

A printing establishment generally serving account customers and utilizing a sheet-fed or web-fed press rather than a typical one-person offset press.

PRINTING, SMALL-SCALE

A printing establishment generally serving both walk-in and account customers, utilizing small-scale printing presses which are set up and operated by an individual and may include a bindery person as an assistant. Products primarily consist of business cards, envelopes, letterheads, reports, manuals and brochures.

RECORDED

Recorded in the Norfolk Registry of Deeds or registered in the Norfolk District Registry of the Land Court.

RECORDING STUDIO

Any premises or part of a building where there is an assemblage of equipment, spaces and persons such that a performance in sound may be created and recorded onto a medium for later reproduction.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

RECYCLABLE MATERIALS SEPARATION FACILITY

A facility for the collection, separation, compaction, sorting, temporary storage and transfer for reprocessing of residentially and commercially generated recyclable materials, including but not limited to glass, paper, plastic and polystyrene. Separation may include both hand and mechanized sorting, with all activities other than unloading and loading to occur inside an enclosed building.

RECYCLING COLLECTION POINT

A facility that serves as a neighborhood drop-off point for temporary storage of recoverable resources such as bottles, newspapers, glass and cans.

REHABILITATION FACILITY

A freestanding facility or unit of contiguous dedicated beds and spaces within a licensed health service facility that provides short-term, inpatient or outpatient care, post-acute treatment and/or medical services to persons with functional limitations or chronic disabling conditions resulting from physical injury. It uses a coordinated, integrated, interdisciplinary approach to assess, alleviate or ameliorate the disabling effects of injury through physical, psychosocial and cognitive treatment. This does not include facilities meeting the definition of "hospital" or "convalescent/nursing home."

[Added 4-8-2013 by Ord. No. 2012-028]

RESTRICTIVE MEDIAN

A physical barrier in the roadway that separates traffic traveling in opposite directions, such as a concrete barrier or landscaped island.

RETAIL FLOOR SPACE

That part of a commercial or retail structure wherein one (1) or more articles of merchandise or commerce are sold at retail, excluding that used exclusively for storage, shipping or offices for employees of the business, and other non-sales areas.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

RETAIL LIQUOR STORE, LARGE

An establishment with greater than seven thousand (7,000) square feet gross floor area (including refrigerated space) that sells alcoholic and/or malt beverages for consumption off premises.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

RETAIL LIQUOR STORE, SMALL

An establishment with not more than seven thousand (7,000) square feet gross floor area (including refrigerated space) that sells alcoholic and/or malt beverages for consumption off premises.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

RETAIL SALES

The sale of goods, merchandise to the general public for personal or household consumption. Unless otherwise specified in the district use regulations, retail sales exclude automobile repair and service facilities, car washes, gasoline filling stations, automobile sales, automobile painting and body shops, junkyards and salvaging operations and restaurants.

RETAIL, SPECIALTY STORE

A small retail store [size not exceeding seven thousand five hundred (7,500) square feet gross floor area] that sells a broad range of single category goods.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

RETAIL USE, LARGE, FREESTANDING

Any large single-occupant building or unit used for retail purposes exceeding sixty thousand (60,000) square feet gross floor area located in a building or unit, or within a building group of fewer than five (5) units connected by party walls, partitions, canopies and similar features, and designed as a single or freestanding commercial use or group, which may be included or be part of a shopping center, possibly sharing parking areas and vehicular travelways with other buildings or uses and which may be connected by walkways and accessways to other buildings or uses.

SALES, SECONDHAND

The sale of goods, previously owned and/or used by other than a licensed pawnbroker, but does not include:

(1)

The buying or selling by a licensed business of articles which were acquired as a trade-in or a credit upon the purchase of a new article of the same general kind through an arm's length transaction.

(2)

The buying, selling, or trading of coins, gold, silver, or jewelry.

(3)

The selling of used articles in garage sales or other similar sales on the property of the owner of the articles which do not occur more often than six (6) days, or portion thereof, each calendar half year.

SALES, WHOLESALE

The sale of products, to anyone other than the end user of the products, for resale.

SALVAGE YARD

A facility or area for storing or processing scrap or discarded material or equipment which is not considered as another use under this chapter. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, glass, motor vehicle parts, machinery, structural steel, equipment and appliances. The term includes facilities for separating trash and debris from recoverable resources and other products which can be returned to a condition in which they may again be used for production.

SCHOOL

A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high or middle schools, and high schools, either public or private.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

SCHOOL, BUSINESS, TRADE, VOCATIONAL

A facility that provides training for employment in business skills such as clerical, data processing and the like, or in trades such as construction skills, heavy equipment operation and the like.

[Amended 5-22-2006 ATM by Art. 50, approved 10-17-2006]

SCHOOL, SPECIAL INSTRUCTION

A facility for the private instruction of skills or activities not directly related to academic pursuits or employment, which may include a dance studio, music studio, gymnastics, craft and/or art studio, exercise studio (not having locker or shower facilities).

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

SENIOR HOUSING

A multiple-family dwelling or dwelling group intended for, and solely occupied by, persons fifty-five (55) years of age or older.

SHOPPING CENTER

(1)

A group of five (5) or more retail/commercial uses, located in a zoning district where retailing is permitted as a principal use and having any or all of the following characteristics:

(a)

The uses are connected by party walls, partitions, canopies, and, similar features; or

(b)

Some or all of the uses are located in separate buildings which are designed as a single commercial group sharing common parking areas and vehicular travelways and are connected by walkways and accessways designed to encourage customer interchange between uses, and otherwise present the appearance of a continuous commercial area without regard to ownership; or

(c)

The uses are under the same management or association for the purpose of enforcing reciprocal agreements controlling management, parking, site coverage, advertising and similar agreements.

(2)

Shopping centers shall be grouped according to size as follows:

(a)

Shopping center - A [less than fifty thousand (50,000) gross square feet].

(b)

Shopping center - B [from fifty thousand (50,000) gross square feet up to one hundred fifty thousand (150,000) square feet].

(c)

Shopping center - C [from one hundred fifty thousand (150,000) gross square feet up to and including four hundred thousand (400,000) gross square feet].

(d)

Shopping center - D [over four hundred thousand (400,000) gross square feet].

SIGN

Any letter, word, symbol, drawing, picture, device, article or object that advertises, calls attention to or indicates any premises, persons, products, businesses or activities, whatever the nature of the material and manner of composition or construction.[3]

SPECIAL PERMIT GRANTING AUTHORITY

The Planning Board, Town Council or Board of Appeals, as determined by reference to Article VIII of this chapter.

SPORTING GOODS SALES/RENTAL

The sale or rental of clothing or equipment designed for sports/recreational purposes, but not to include firearms.

SPORTING GOODS SALES/RENTAL, WITH FIREARMS

The sale or rental of clothing or equipment designed for sports/recreational purposes, including firearms.

STORAGE CONTAINER

A portable or semi-portable container, with or without wheels, which is used for temporary or permanent storage of any materials and is not a permanent part of a building or structure. Containers used for the storage or disposal of solid waste are specifically exempt.

[Added 4-24-2001 ATM by Art. 15, approved 12-21-2001]

STORY

That part of a building included between the surface of any floor and the surface of the next floor or of the roof next above it. When the distance from the average established grade to the ceiling of a story partly below such grade exceeds five (5) feet, then the basement or cellar constituting the story partially below grade shall be counted as a story.

STORY, HALF

A story which is situated within a sloping roof, the area of which at the height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area directly below it, wherein living quarters are used only as a part of the dwelling situated in the story below.

STREET

A way which is over twenty (20) feet in right-of-way width which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A street includes all public ways, a way which the Town Clerk certifies is maintained and used as a public way, a way shown on a plan approved and endorsed in accordance with the Subdivision Regulations[4] and a way 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 uses of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

STRUCTURE, NONCONFORMING

A structure lawfully existing at the effective date of this chapter, or any subsequent amendment thereto, which does not conform to one (1) or more provisions of this chapter.

SWAP MEET

An open-air market.

SYNTHETIC MARIJUANA

Any nonorganic manufactured variation and/or form of natural marijuana.

[Added 1-28-2013 by Ord. No. 2013-001]

TABLE OF ALLOWABLE ACTIVITY

A matrix of primary land uses for each zoning district organized into a compressed, accessible format.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

TATTOO PARLOR/STUDIO

A business that marks the skin with any indelible design, letter, scroll, figure, symbol or any other mark that is placed by the aid of needles or other instruments upon or under the skin with any substance that will leave color under the skin and that cannot be removed, repaired or reconstructed without a surgical procedure. A tattoo studio may or may not be operated in conjunction with a body piercing studio.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

TAXI OR LIMOUSINE DISPATCHING SERVICE

A facility engaged in the dispatching of passenger vehicle transportation for hire, including business offices and the parking of vehicles; no servicing of vehicles permitted.

TAXI OR LIMOUSINE OPERATIONS AND SERVICE

The provision of passenger vehicle transportation for hire, including business offices and dispatching.

TOURIST HOME

See "bed-and-breakfast facility."

TOWNHOUSE

A row of at least three (3) one-family attached dwelling units whose side walls are separated from other dwelling by a firewall or -walls. Each unit in the row may be owned by a separate owner if in condominium.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

TRUCK STOP

A facility where a range of services and goods to professional drivers and the general public are congregated, such as fuel sales, vehicle service, overnight accommodations and restaurants.

USE

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 (1) or more provisions of this chapter.

USE, PRINCIPAL

The main or primary purpose for which a structure or lot is designated, arranged or intended or for which it may be used, occupied or maintained under this chapter. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this chapter shall be considered an accessory use.

VARIANCE

Such departure from the terms of this chapter as the Board of Appeals, upon appeal in specific cases, is empowered to grant under the terms of applicable state law.

VENDOR STAND/CART

A temporary table/stand or cart with functional wheels which is not affixed to the ground, and which is operated for the purpose of selling or displaying for sale retail goods/items on a temporary basis

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

VETERINARY HOSPITAL

A facility for the prevention, cure or alleviation of disease and injury in animals, including surgery.

VIDEO RENTAL STORE

An establishment primarily engaged in the retail rental or lease of videotapes, films, CD-ROMs, laser discs, electronic games, cassettes or other electronic media. Sales of film, videotapes, laser discs, CD-ROMs and electronic merchandise associated with VCRs, video cameras and electronic games are permitted accessory uses.

WHOLESALE

The selling of goods to merchants; usually in large quantities for resale to consumers.

[Amended 4-25-2005 ATM by Art. 5, approved 11-18-2005]

WHOLESALING, WAREHOUSING, DISTRIBUTING, REPAIR, RENTAL AND SERVICING OF ANY COMMODITY, EXCLUDING LIVE ANIMALS, EXPLOSIVES AND STORAGE OF FLAMMABLE LIQUIDS AND GASES, LARGE

An establishment involved in storing, stocking, distributing, rental and/or repair of merchandise or commodities where the facility is greater than seven thousand (7,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

WHOLESALING, WAREHOUSING, DISTRIBUTING, REPAIR, RENTAL AND SERVICING OF ANY COMMODITY, EXCLUDING LIVE ANIMALS, EXPLOSIVES AND STORAGE OF FLAMMABLE LIQUIDS AND GASES, SMALL

An establishment involved in storing, stocking, distributing, rental and/or repair of merchandise or commodities where the facility is less than seven thousand (7,000) square feet gross floor area.

[Added 5-22-2006 ATM by Art. 50, approved 10-17-2006]

[2]

Editor's Note: The definition of "nursing home," which immediately followed this definition, was repealed 4-8-2013 by Ord. No. 2012-028. See now the definition of "convalescent/nursing home" above.

[3]

Editor's Note: The definition of "standing sign," which immediately followed, was repealed 11-3-1997 STM by Art. 13, approved 2-6-1998.

[4]

Editor's Note: The Subdivision Regulations are on file in the Town Clerk's office.