For the purpose of this chapter, certain terms and words shall have
the meanings given herein:
ABANDONMENT
The visible or otherwise apparent intention of an owner to
discontinue a nonconforming use of a building or premises, or the
removal of the characteristic equipment or furnishings used in the
performance of the nonconforming use without their replacement by
similar equipment or furnishings, or the replacement of the nonconforming
use or building by a conforming use or building.
AGRI-TOURISM FARM
An agricultural-based operation or activity that brings visitors
to a working farm of a minimum of 15 acres for recreation, entertainment,
or educational purposes. Activities may include hay rides; petting
zoo; destination mazes; tours; workshop; seminars; picnicking; and
children play areas. Activities shall not include camping; hunting;
apparatus typically associated with amusement parks; or the operation
of motorized go-carts or bikes (exclusive of hay and tractor rides).
[Added 5-4-2010 ATM, Art. 15]
ALTERATION
Any construction, reconstruction or other action resulting
in a change in the structural parts or height, number of stories,
size, use or location of a building or other structure.
BED-AND-BREAKFAST INN
An owner-occupied dwelling unit that contains no more than
four guest rooms where lodging, with or without meals, is provided
for compensation.
[Added 10-22-1996 ATM, Art. 22]
BOARD
The Board of Appeals of the Town of Northbridge, Massachusetts.
BUILDING
A combination of any materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals
or property. For the purposes of this definition, "roof" shall include
an awning or any similar covering, whether or not permanent in nature.
BUILDING, ACCESSORY
A detached subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building and which
is located on the same lot as that occupied by the principal building,
except with regards to buildings accessory to scientific research,
development or related production, which do not have to be located
on the same parcel as the principal use.
COMMERCIAL RECREATION, EXERCISE AND ATHLETIC FACILITIES
An indoor and/or outdoor facility providing for dance studio,
athletic field operations, game courts, physical fitness, exercise
equipment, locker rooms, jacuzzi and/or sauna and pro shop. Specifically
excluding racetrack operations, nightclubs, pool halls, shooting range,
game arcades, paintball, laser tag and similar recreational simulations.
[Added 6-15-2004 ATM, Art. 25]
COMMUNITY FACILITIES
Premises owned and operated by a governmental or other chartered
nonprofit organization, but not including fraternal, sports or similar
membership organizations.
CONTRACTOR'S YARD
Premises, other than a construction site on which a building
permit is in force, used by a building or construction contractor
or subcontractor, or any other tradesman or landscaper, principally
for storage of equipment and supplies, fabrication of subassemblies,
and parking of equipment used by such contractor, subcontractor, other
tradesman or landscaper, whether conducted inside or outside of a
building.
[Added 5-3-2016 ATM,
Art. 27]
DRIVE-IN ESTABLISHMENT
A premises in which persons while in cars are served, view,
purchase and/or consume, as appropriate, food, movies, goods, materials
or equipment.
DRIVEWAY, LEGAL SERVICE
An open space located on a private lot, which is not more
than 24 feet in width, built for access to a private garage or off-street
parking space.
DWELLING UNIT
One or more living or sleeping rooms arranged for the use
of one or more individuals living as a single housekeeping unit, with
cooking, living, sanitary and sleeping facilities.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or governmental agencies of underground or overhead
gas, electrical, steam or water transmission or distributing systems
or collection, communications, supply or disposal system, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment and accessories in connection therewith, but not
including buildings necessary for the furnishing of adequate service
by such public utilities or governmental agencies for the public health
or safety or general welfare.
FAMILY
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single nonprofit housekeeping unit.
FLOOR AREA, NET
The sum of the areas of the several floors of a building,
measured from the exterior faces of the walls. It does not include
cellars, unenclosed porches or attics not used by human occupancy
or any floor space in accessory buildings or in the main building
intended and designed for the parking of motor vehicles in order to
meet the parking requirements of this chapter, or any such floor space
intended and designed for accessory heating and ventilating equipment.
FRONTAGE
The length of the line dividing a lot from the right-of-way
of the street on which it abuts. Lot frontage shall be measured continuously
along the street right-of-way line between the side lot lines.
[Added 5-1-2001 ATM, Art. 18]
HEIGHT
The vertical distance from the adjacent ground to the top
of the structure or highest roof beams of a flat roof or to the mean
level of the highest gable or slope of a hip roof.
HISTORIC INN
A structure or group of structures, listed individually or
as part of a Historic District on the National Register of Historic
Places, used or designed for overnight lodging, conference, functions
and/or meetings and which may also provide a restaurant and accessory
retail sales to lodgers and the public.
[Added 6-17-2003 ATM, Art. 20]
HOME OCCUPATION
Accessory use of a residential premises in accordance with the provisions of §
173-13 herein.
[Amended 1-23-1996 STM, Art. 11]
HOTEL/MOTEL
A building intended and designed primarily for transient
or overnight occupancy, divided into separate units within the same
building, with or without public dining facilities.
[Added 1-23-1996 STM, Art. 11]
INFECTIOUS WASTE
Infectious waste or physically dangerous medical or biological
waste as defined by the Commonwealth of Massachusetts Department of
Environmental Protection Regulation 310 CMR 16.00, 310 CMR 19.00 and
the Department of Public Health, State Sanitary Code 105 CMR 480.000.
[Added 9-23-2003 ATM, Art. 1]
INFECTIOUS WASTE TRANSFER STATION
A handling facility where Infectious waste is brought, stored,
and/or transferred from one vehicle or container for storage and/or
transport off-site to another transfer station or processing facility
or for ultimate treatment and/or disposal.
[Added 9-23-2003 ATM, Art. 1]
INFECTIOUS WASTE PROCESSING FACILITY
A facility where Infectious Waste is brought, stored, and/or
processed in order to render it non-infectious solid waste or otherwise
inert.
[Added 9-23-2003 ATM, Art. 1]
LOADING SPACE
An off-street space used for loading or unloading and which
is not less than 14 feet in width, 45 feet in length and 14 feet in
height and containing not less than 1,300 square feet, including both
access and maneuvering area.
LODGING, BOARDING OR ROOMING HOUSE
A building containing more than two rooms for semipermanent
residence (longer than one week) not having cooking facilities and
not shared as a single housekeeping unit. Accommodations having individual
cooking facilities shall be considered as separate dwelling units.
The term "lodging, boarding or rooming house" shall not include bed-and-breakfast
inns, nursing homes, dormitories, apartments, motels, hotels, congregate
housing or the renting of rooms accessory to a dwelling.
[Added 10-22-1996 ATM, Art. 22]
LOT
An area or parcel of land, not including water area, in the
same ownership, or any part thereof designated by its owner or owners
as a separate lot. For purposes of this chapter, a "lot" may or may
not have boundaries identical with those recorded in the Worcester
County Registry of Deeds.
LOT, CORNER
A lot at the point of intersection of and abutting on two
or more intersecting streets, the angle of intersection of the street
lot lines, or in the case of a curved street, extended lot lines,
being not more than 135°.
LOT DEPTH
The mean horizontal distance between the front lot line and
the rear lot line.
LOT LINE, FRONT
The property line dividing a lot from a street. On a corner
lot or through lot, only one street shall be considered as a front
line. However, the street frontage on both abutting streets shall
comply with the minimum frontage requirement.
[Amended 5-4-1999 ATM, Art. 22]
LOT LINE, REAR
The lot line opposite the front lot line, except that in
the case of a corner lot, the owner shall have the option of choosing
which of the two lot lines which are not street lines is to be considered
the "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 conformity with
all provisions of this chapter.
LOT, THROUGH
An interior lot, the front and rear lot lines of which abut
streets; or a corner lot, two opposite lines of which abut streets.
LOT WIDTH
The horizontal distance between the side lot lines as measured
at the street line and the required front yard depth, which may or
may not coincide with the actual front setback line.
MEMBERSHIP CLUB
A building used to house a nonprofit social, sports or fraternal
association or organization and which is used exclusively by members
and their guests and usually contains bar facilities.
OWNER
The duly authorized agent, attorney, purchaser, devisee,
trustee or any person having a vested or equitable interest in the
use, structure or lot in question.
PARKING SPACE
An off-street space having an area of not less than 200 square
feet, plus access and maneuvering space, whether inside or outside
a structure, for exclusive use as a parking stall for one motor vehicle.
RECORDED
Recorded in the Worcester District Registry of Deeds or registered
in the Land Court.
SIGN
Any permanent or temporary structure, device, letter, word,
model, banner, pennant, insignia, trade flag or representation used
as or which is in the nature of an advertisement, announcement or
direction or which is designed to attract the eye by intermittent
or repeated motion or illumination.
SIGN, BUSINESS
A sign used to direct attention to a service, product sold
or other activity performed on the same premises upon which the sign
is located.
SIGN, IDENTIFICATION
A sign used simply to identify the name, address and title
of an individual family or firm occupying the premises upon which
the sign is located.
SIGN, MONUMENT-STYLE
A monument-style sign is a ground sign with low overall height.
This type of sign does not have a visible pole and generally has a
decorative base and if lighted shall be externally lit. Said signage
including its base shall not exceed six feet in height and 20 square
feet in area in the Business One (B-1) and Heritage (H) Zoning Districts.
[Added 10-23-2007 ATM, Art. 10]
SIGN, SURFACE AREA OF
(1)
(1) For a sign either freestanding or attached, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with the background, whether open or enclosed,
on which they are displayed, but not including any supporting framework
and bracing which are incidental to the display itself.
(2)
(2) For a sign painted upon or applied to a building, the area
shall be considered to include all lettering, wording and accompanying
designs or symbols, together with any backing of a different color
from the finish material of the building face.
(3)
(3) Where the sign consists of individual letters or symbols
attached to or painted on a surface, building, wall or windows, the
area shall be considered to be that of the smallest quadrangle which
encompasses all of the letters and symbols.
SPECIAL PERMIT
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 Board and in accordance with provisions of §
173-47.
SPECIAL PERMIT GRANTING AUTHORITY
The Board of Appeals or, where designated, the Planning Board
or the Board of Selectmen, which shall hear and decide applications
for special permits.
[Amended 1-23-1996 STM, Art. 11]
STREET
Either a public way or a way which the Town Clerk certifies
is maintained and used as a public way, or a way shown on a plan theretofore
approved in accordance with the Subdivision Control Law or a way in existence when the Subdivision Control Law
became effective in the Town. A street shall have, in the opinion
of the Planning Board, sufficient width, suitable grades and adequate
construction so as to provide for year-round access by fire, police
and emergency vehicles, as well as for the installation of municipal
services to serve such land and the buildings erected or to be erected
thereon.
[Amended 1-23-1996 STM, Art. 11]
STRUCTURE
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, tank, tunnel, tent, stadium, reviewing
stand, platform, bin, fence, sign, flagpole or the like.
STRUCTURE, NONCONFORMING
A structure at the time the structure was constructed but
which is not in conformity with all the provisions of this chapter.
SUBSTANTIALLY DIFFERENT USE
Any use which is not permitted either by right or by special
permit from the Board of Appeals within the district in which the
lot is located.
SUBSTANTIALLY GREATER EXTENT
An accessory use which exceeds 40% of the floor area of the
existing structure or any principal use which encroaches into any
yard or setback area.
TATTOO PARLOR/BODY PIERCING STUDIO
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following:
(1)
Placing of designs, letters, figures, symbols, or other marks
upon or under the skin of any person, using ink or other substances
that result in permanent coloration or alteration of the skin by means
of use of needles or other instruments designed to contact or puncture
the skin.
(2)
Creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration.
[Added 10-22-2002 ATM, Art. 9]
USABLE OPEN SPACE
Space in a yard or within a setback area on a lot that is
unoccupied by buildings, unobstructed to the sky, not devoted to service
driveways or off-street loading or parking spaces and available to
all occupants of the building on the lot, expressed as a percentage
of gross floor area.
USE
The purpose for which a structure or lot is arranged, designed
or intended to be used, occupied or maintained.
USE, ACCESSORY
A nonresidential use subordinate to the principal use of
a structure or lot, not the principal use, which is located on the
same lot as the principal structure and where not more than two regularly
employed persons, other than residents living on the premises, are
employed and which does not constitute, in effect, a conversion of
the premises to one not permitted. An "accessory use" to scientific
research, development or related production does not have to be located
on the same parcel as the principal use.
USE, NONCONFORMING
A use lawfully existing at the time the use was commenced
but which is not in conformity with the provisions of this chapter.
USE, PRINCIPAL
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. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental
or supplementary thereto and permitted under this chapter shall be
considered an accessory use.
VARIANCE
Such departure from the terms of this chapter as the Board, upon petition or appeal in specific cases, is empowered to authorize under the terms of §
173-48 herein.
YARD
A portion of a lot, other than a court on the same lot as
the principal building, unobstructed artificially from the ground
to the sky, except as otherwise provided herein.
YARD, FRONT
A space extending for the full width of the lot between the
front line of the nearest building wall and the front lot line.
YARD, REAR
A space, 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.
YARD, SIDE
An unoccupied space extending for the full length of a building
between the nearest building wall and the side lot line.