City of Melrose, MA
Middlesex County
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A. 
For the purpose of this chapter and unless the context of usage clearly indicates another meaning, certain terms and words shall have the meaning given herein. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "used" or "occupied" includes the words "designed, arranged, intended or offered to be used or occupied"; the word "building," "structure," "lot," "land" or "premises" shall be construed as though followed by the words "or any portion thereof"; and the word "shall" is always mandatory and not merely directory.
B. 
Terms and words not defined herein but defined in the Melrose Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the classes "retail and service trades" and "wholesale trade and manufacturing" shall be further defined by the Standard Industrial Classification Manual published by the United States Bureau of the Census.
[Amended 12-2-1974 by Ord. No. 18561; 12-2-1974 by Ord. No. 18562; 7-20-1987 by Ord. No. 1691C; 10-16-1989 by Ord. No. 2312; 12-7-1989 by Ord. No. 1735; 12-21-1989 by Ord. No. 1574; 8-20-1990 by Ord. No. 90-209; 5-1-1995 by Ord. No. 95-189; 12-16-1996 by Ord. No. 97-38; 1-4-1999 by Ord. No. 99-021; 5-7-2007 by Ord. No. 07-132; 8-23-2007 by Ord. No. 07-044A; 2-17-2009 by Ord. No. 09-060]
As used in this chapter, the following terms shall have the meanings indicated:
A. 
The cessation of a nonconforming use as indicated by the visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a structure or lot; or
B. 
The replacement of a nonconforming use or structure by a conforming use or structure.
ADMINISTRATIVE OFFICER
The Building Commissioner, City of Melrose, Massachusetts.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended. For purposes herein, "substantial or significant portion of stock" shall mean more than 25% of the subject establishment's inventory stock or more than 25% of the subject premises' gross floor area.
ADULT CLUB
A club, restaurant, function hall or similar private or commercial establishment which regularly features:
A. 
Persons who appear in a state of nudity as defined in MGL c. 272, § 31, as amended;
B. 
Live performances which are characterized by an emphasis depicting anatomical areas, specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended; or
C. 
Films, motion pictures, video cassettes, slides or other photographic, magnetic or electronic reproductions which are characterized by the depiction or description of anatomical areas specified as above or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material (motion-picture films, video cassettes, cable television, slides or any other such visual media) distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended.
ADULT USE
An adult bookstore, adult club, adult motion-picture theater, adult paraphernalia store or adult video store as defined in this chapter.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade, for sale or rent, motion-picture films, video cassettes and similar audio/visual media which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended. For purposes herein, "substantial or significant portion of stock" shall mean more than 25% of the subject establishment's inventory stock or more than 25% of the subject premises' gross floor area.
ALTERATION
Any construction, reconstruction or other similar action resulting in a change in the structural parts, height, number of stories, exits, size, use or location of a building or other structure.
ANTENNA
A device for directly transmitting or receiving electromagnetic transmissions.
APARTMENT HOUSE
A building designed or intended or used as the home or residence of three or more families, each in a separate dwelling unit, living independently of each other, and who may have a common right in halls and stairways.
[Added 7-21-2014 by Ord. No. 2014-146]
A. 
A residential development subject to certification by the Executive Office of Elder Affairs under MGL c. 19D, as amended, and defined as an entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:
(1) 
Provides room and board;
(2) 
Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and
(3) 
Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same.
B. 
This definition shall not include group foster care, group homes, single room occupancy residences, rooming or lodging houses, skilled nursing facility, hospices, or elderly housing which is not assisted living.
BASEMENT
A portion of a building, partly below grade, which has more than 1/2 of its height, measured from finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement shall be deemed a story when its ceiling is four feet or more above the average finished grade.
[Amended 9-16-2013 by Ord. No. 2013-198]
BOARD
The Board of Appeals of the City of Melrose, Massachusetts.[1]
BUILDING
A combination of any materials, whether portable or fixed, having a roof, enclosed within the exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property. For purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
BUILDING, ACCESSORY
A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.
BUILDING AREA
The aggregate of the maximum horizontal cross-sectional area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces.
BUILDING, ATTACHED
A building having any portion of one or more walls in common with adjoining buildings.
BUILDING COVERAGE
The building area expressed as a percent of the total lot area.
BUILDING, DETACHED
A building having open space on all sides.
BUILDING FRONT YARD
The area of the front yard between the front lot line and the principal building bound by lines extending from each front corner of the principal building perpendicular to the street. No more than 20% of the building front yard on residential properties with three or fewer dwelling units shall be covered with an impervious surface.
BUILDING, HISTORICAL
A building certified or qualified for certification by the Massachusetts Historical Commission in accordance with its published standards as a historical landmark.
BUILDING, NONCONFORMING
An existing building or structure or the existing use of any building or structure at the time of adoption of this chapter, or any subsequent amendment thereto, which does not conform to one or more of the applicable dimensional and density regulations for the district in which the building is located.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is located.
CELLAR
A portion of a building, partly or entirely below grade, which has more than 1/2 of its height, measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. A cellar is not deemed a story.
CERTIFICATE OF OCCUPANCY
A statement signed by the Building Commissioner setting forth either that a building or structure complies with the Zoning Ordinance or that a building, structure or parcel of land may lawfully be employed for a specified use, or both.
COMMON LAND
A parcel or parcels of open space within the site designated for a cluster or planned unit development maintained and preserved for open uses and designed and intended for the use or enjoyment of residents of these developments, but not including parking areas or ways, public or private. Common land may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of such residents.
COMMUNICATIONS TOWER
A tower that is freestanding or anchored with cables, used to support an antenna or other voice or data transmission and receiving devices.
DISTRICT
A zoning district as established by Article III of this chapter.
DRIVE-IN EATING ESTABLISHMENT
A commercial establishment wherein food is usually served to or consumed by patrons while they are seated in parked cars.
DRIVE-IN ESTABLISHMENT
A business establishment wherein patrons are usually served while seated in parked vehicles in the same lot. The term "drive-in" includes drive-in eating establishments where food is purchased from a building on the lot but is consumed in the vehicle; drive-in service establishments such as banks, cleaners and the like; and automotive service stations, gasoline stations or the like.
DRIVEWAY
An open space, located on a lot, which is not more than 24 feet in width, built for access to a garage or off-street parking or loading space.
DWELLING
A privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, which is occupied in whole or in part as the home residence or sleeping place of one or more persons. The term "one-family, two-family or multifamily dwelling" shall not include a hotel, lodging house, hospital, membership club, mobile home or dormitory.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units and including an apartment house, garden apartment house and multifamily dwellings.
DWELLING UNIT
One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation.
ESSENTIAL SERVICES
Services provided by public utility or governmental agencies through erection, construction, alteration or maintenance of gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems, whether underground or overhead. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governmental agencies for the public health, safety or general welfare.
FAMILY
An individual or two or more persons related by blood or marriage living together as a single housekeeping unit and including necessary domestic help, such as nurses or servants, and further including, provided that the dwelling is owner-occupied, not more than three lodgers or roomers taken for hire. A group of individuals (including necessary domestic help, such as nurses or servants, but excluding lodgers or roomers taken for hire) not related by blood or marriage but living together as a single housekeeping unit may constitute a family. For purposes of controlling residential density, each such group of four individuals shall constitute a single family.
FLOOD LINE
The limits of flooding from a particular body of water caused by a storm whose frequency of occurrence is once in 25 years, as determined and certified by a registered professional engineer qualified in drainage.
FLOODWAY
The area subject to periodic flooding, the limits of which are determined by the flood line.
FLOOR AREA, GROSS
The sum of the gross horizontal area of the several floors, including basements, of a principal building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include cellars; unenclosed porches or attics not used for human occupancy; malls within a shopping center utilized purely for pedestrian circulation and/or decorative purposes between individual shops of the center; any floor space in an accessory or principal 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 or designed for accessory heating, ventilating and air-conditioning equipment.
FLOOR AREA RATIO
The ratio of the gross floor area to the total lot area.
FRONTAGE
The length of continuous linear footage of a lot as measured between the intersection of the side lot lines along a street. In the case of a corner lot, frontage shall be measured from the side lot line along the street to the intersection of street lines or street lines extended. A circle, the diameter of which is not less than 80% of the required minimum lot frontage and is tangent to the street lot line at any point, must be able to fit within all other lot lines. The acute angle measured between the frontage and any side lot line shall not be less than 55°.
GARAGE
A building or structure or a portion thereof in which a motor vehicle containing a flammable fluid in its fuel storage tank or other propellant is stored, housed and kept. This does not include a new car sales room.
GARAGE, CARPORT
A roofed structure attached to a residence, enclosed on not more than two sides, designed to house one, two or three motor vehicles.
GARAGE, COMMUNITY
A group of private garages, either detached or under one roof, arranged in a row or around a common means of access.
GARAGE, PRIVATE
A garage for housing motor vehicles only, with a capacity of not more than three vehicles.
GARAGE, PUBLIC
Any garage not included in the definition of a private garage or a community garage.
HEIGHT
The vertical distance from the average finished grade of the adjacent ground to the top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof or the mean level of the highest gable or slope of a hip roof.
HOME OCCUPATION
An accessory use which is carried on entirely within a dwelling unit and is incidental and subordinate to the dwelling use and which shall not occupy more than 40% of the gross floor area or 600 square feet, whichever is less, of the dwelling unit so used. Such use shall be carried on by the occupants of the dwelling unit, with no nonresident employees, and shall not in any manner change the residential appearance of the building or the property.
HOSPITAL
A building providing, among others, twenty-four-hour inpatient services for persons admitted thereto for the diagnosis, medical, surgical or restorative treatment or other care of human ailments, including a sanitarium and clinic.
HOSPITAL, VETERINARY
A building providing for the diagnosis and treatment of ailments of animals other than human, including facilities for overnight care.
HOTEL
A building or any part of a building containing rooming units without individual cooking facilities and having a common entrance or entrances and including an inn, motel, motor inn and tourist court, but not including a boardinghouse, lodging house or rooming house.
IMPERVIOUS SURFACE
A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. [A surface with an overall permeability coefficient which is less than 10-4 centimeters per second (cm/sec) is considered significant.] Impervious surfaces include, but are not limited to, roofs, paved areas (e.g., streets, sports courts) and swimming pools.
IN-LAW APARTMENT
A dwelling unit either contained within an owner-occupied one-family structure (such as, but not limited to, a cellar or attic) or attached thereto (such as, but not limited to, a garage or barn) which constitutes separate living facilities for immediate members of the family, such as a mother and/or father or a son and/or daughter or their respective spouses. See "dwelling unit" as defined in this section.
A. 
An accessory in-law apartment is a separate, subordinate living area constructed as part of an existing owner-occupied single-family structure and built in a manner which maintains the appearance of a single-family structure.
B. 
There shall be no boarders or lodgers within either unit of a dwelling with an accessory in-law apartment.
C. 
No accessory in-law apartment shall be constructed without a building permit issued by the Building Inspector.
D. 
No use as an accessory in-law apartment shall be permitted prior to a certificate of occupancy by the Building Inspector.
E. 
A certificate of occupancy shall be issued for three years. Continued occupancy shall require issuance of a new certificate of occupancy.
F. 
The dwelling unit shall be located within the single-family dwelling as it existed on January 1, 1990.
G. 
The dwelling unit shall occupy no more than 1/3 of the gross floor area as of January 1, 1990.
JUNK
Any worn out, cast off or discarded articles or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.
JUNKYARD
The use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of any lot that joins any street for the storage, keeping or abandonment of junk.
LINE, BUILDING
The line established by this chapter beyond which a building shall not extend, except as specifically provided in this chapter.
LOADING SPACE
An off-street space at least 12 feet in width, 50 feet in length and with a vertical clearance of at least 14 feet, having an area of not less than 1,300 square feet, which includes access and maneuvering space, used exclusively for loading and unloading of goods and materials from one vehicle. The dimensions of the loading space may be reduced by the Building Commissioner to not less than 300 square feet, which includes access and maneuvering space, when it is clearly evident that service vehicles utilizing said space will not require the area listed above.
LODGING HOUSE
A building containing four or more lodging units.
LODGING UNIT
One or more rooms for the semipermanent use of one, two or three individuals not living as a single housekeeping unit and not having cooking facilities. "Lodging unit" shall include rooms in boardinghouses, lodging houses, tourist homes or rooming houses. It shall not include convalescent, nursing or rest homes; dormitories of charitable, educational or philanthropic institutions; or apartments or hotels.
LOT
An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the Building Commissioner by its owner or owners as a separate lot and having boundaries identical with those recorded in the Middlesex County Registry of Deeds.
LOT, CORNER
A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines or, in case of a curved street, extended lot lines being not more than 135°. For purpose of this chapter, each street frontage shall be considered a front yard and the remaining two yards shall be considered rear yards.
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot line.
LOT, INTERIOR
A lot, excluding a corner lot, the side lot lines of which do not abut on a street.
LOT LINE, FRONT
The property line dividing a lot from a street right-of-way.
LOT LINE, REAR
The lot line opposite from 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, THROUGH
A 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 minimum front yard depth required by this chapter and parallel to the street line.[2]
MARIJUANA
All parts of any plant of the genus Cannabis, not excepted below and 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 including tetrahydrocannabinol; provided that "marijuana" shall not include:
A. 
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, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;
B. 
Hemp; or
C. 
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA ACCESSORIES
Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana establishments, but not to consumers.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana product manufacturer, marijuana retailer, marijuana testing laboratory, or any other type of licensed marijuana-related business, except a registered marijuana dispensary (RMD), subject to regulation under Chapter 94G of the Massachusetts General Laws.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA RESEARCH FACILITY
An entity licensed to engage in research projects by the Cannabis Control Commission.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA RETAILER
A marijuana establishment licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers, and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA TESTING LABORATORY
A laboratory that is licensed by the Cannabis Control Commission and is:
A. 
Accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the Commission;
B. 
Independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and
C. 
Qualified to test marijuana in compliance with regulations promulgated by the Commission.
[Added 3-18-2019 by Order No. 2019-31]
MARIJUANA TRANSPORTATION OR DISTRIBUTION FACILITY
An entity with a fixed location that is licensed to purchase, obtain, and possess cannabis or marijuana products solely for the purpose of transporting and temporarily storing the same on the premises for sale and distribution to marijuana establishments, but not consumers.
[Added 3-18-2019 by Order No. 2019-31]
MEMBERSHIP CLUB
A social, sports or fraternal association or organization which is used exclusively by members and their guests and is not conducted as a gainful business.
MONOPOLE
The type of mount that is self-supporting with a single shaft of wood, steel and/or concrete and a platform (or racks) for panel antennas arrayed at the top.
OPEN SPACE
The space on a lot not covered by buildings, structures, or impervious surfaces, unobstructed to the sky by man-made objects and expressed as a percentage of total lot area.
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 SPACE
An off-street space inside or outside a structure for exclusive use as a parking stall for one motor vehicle.
PLANNED DEVELOPMENT
A development involving the construction of two or more principal buildings on the same lot for any permitted use.
RECREATIONAL MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business, subject to regulation under Chapter 94G of the Massachusetts General Laws; provided, however, that a registered marijuana dispensary shall not be deemed to be a recreational marijuana establishment.
[Added 8-21-2017 by Ord. No. 2017-130]
REGISTERED MARIJUANA DISPENSARY
An entity and use formerly and validly registered under 105 CMR 725.100 or currently and validly registered under 935 CMR 501.100, and previously known as a medical marijuana treatment center, which may acquire, cultivate, possess, process (including development of related products such as edible marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute, dispense, and/or administer marijuana, products containing marijuana, related supplies, and/or educational materials to registered qualifying patients or their personal caregivers. A registered marijuana dispensary does not include non-medical dispensaries.
[Added 8-21-2017 by Ord. No. 2017-129; amended 3-18-2019 by Order No. 2019-31]
REPAIR
With respect to a building or structure, any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure.
RETAIL FOOD ESTABLISHMENT
A retail store selling food products, not to be consumed on the premises, which shall include but not be limited to one or more of the following: fresh cheese, fresh meat or delicatessen products, freshly prepared baked goods or confections, natural and organic food or beverages, and which may also sell, incidental to the sale of food products therein, wines and malt beverages, but not tobacco products, lottery tickets, pharmacy items, toiletries, personal care products or photographic supplies or services. The term "retail food establishment" as used herein shall further comport with the definition of "establishment" as defined in Chapter 327 of the Acts of 2008.
SERVICE STATION
A building or part thereof whose chief activity is the selling of gasoline, oil and related products for motor vehicles or the provision of lubricating service or general auto repair.
SETBACK
The shortest horizontal distance from the front lot line to the nearest building wall or building part not specifically excluded by § 235-25.
SIGN
Any temporary or permanent lettering, word, symbol, drawing, picture, design, device, emblem, trademark, banner, pennant, insignia, article, or object that advertises, calls attention to, or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction, when the same is placed out of doors or affixed on or in any part of a building for the purpose of being visible from the exterior of the building.
[Amended 12-5-2011 by Ord. No. 12-10]
SIGN, AWNING
A sign which is printed, painted, or affixed to an awning or canopy.
[Added 12-5-2011 by Ord. No. 12-10]
SIGN, BILLBOARD
Any sign, regardless of size, which advertises, calls attention to or promotes for commercial purposes any product, service or activity other than one manufactured, sold or engaged in on the lot at which the sign is located.
[Added 12-5-2011 by Ord. No. 12-10]
SIGN, BUILDING DIRECTORY
A sign affixed at a building entrance which identifies the occupants of the building not exceeding an area determined on the basis of 1.5 square feet for each establishment occupying the building.
[Added 12-5-2011 by Ord. No. 12-10]
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, ROOF
A sign erected on or affixed to the roof of a building.
SIGN, STANDING
A sign erected on or affixed to the land, including any exterior sign not attached to a building.
SIGN, SURFACE AREA OF
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. For a sign consisting of individual letters, designs and symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs and symbols.
SIGN, TEMPORARY
Any sign intended to be displayed for not more than 30 consecutive days in any calendar year.
[Added 12-5-2011 by Ord. No. 12-10]
SIGN, WALL
A sign affixed to the exterior wall of a building and extending not more than 15 inches therefrom and installed parallel to the face of the building.
[Amended 12-5-2011 by Ord. No. 12-10]
SIGN, WINDOW
A sign which is posted, painted, or affixed on an interior transparent surface, including windows and doors, intended to be visible from the exterior of the building or a sign that is located within five feet of the glass of a window exposed to public view and visible from the exterior of the building.
[Added 12-5-2011 by Ord. No. 12-10]
SPECIAL EXCEPTION (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 on approval and issuance of a special permit by the Board and in accordance with provisions of Article X.
STORY
The portion of a building which is between one floor and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed a story. A basement shall be deemed a story when its ceiling is four feet or more above the average finished grade. A cellar shall not be deemed a story.
[Amended 9-16-2013 by Ord. No. 2013-198]
STORY, HALF
A story directly under a sloping roof where, in the case of a roof having one uniform degree of pitch (such as in gable, hipped, or shed roof types), the points of intersection of the bottom of the rafters and the interior faces of the exterior walls are less than two feet above the floor level on at least two opposite exterior walls. Dormers may be constructed provided the length of the dormer(s), as measured along the lowest bearing points of the dormer(s) on the rafters of the sloping roof, does not exceed 50% of the length of the sloping roof to which it is attached. There may be more than one dormer provided the total sum of the horizontal length of the dormers does not exceed 50% of the length of the sloping roof to which they are attached. Dormers shall be set back at least two feet from the gable ends of a sloping roof, and the roof overhang shall be maintained throughout existing structures or established below the dormer in the case of new structures.
[Amended 9-16-2013 by Ord. No. 2013-198]
STREET
A way which is 21 or more feet in right-of-way width which is accepted or devoted to public use by legal mapping or by any other lawful procedure. It shall be synonymous with the words "road," "avenue," "highway" and "parkway" and similar designations.
STRUCTURE
A combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelters, piers, wharves, bin, fence, sign or the like.
SUBSTANCE ABUSE TREATMENT CENTER
An entity, however organized, routinely providing substance abuse treatment services, including but not limited to consultation; counseling; dispensing of medication to treat substance abuse; dispensing prescriptions (to be filled) for medication to treat substance abuse; examination; all forms of sample collection and laboratory testing, including but not limited to blood draw, swab-testing and urinalysis; and therapy. No substance abuse treatment center shall be located within 300 feet of the property line of a property used for a residential dwelling, public or nonprofit school or public park or playground.
[Added 7-21-2014 by Ord. No. 2014-146]
TOWNHOUSE
A row of at least three but not more than five one-family dwelling units whose side walls are separated from the other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner.
TRAILER
Any vehicle which is immediately portable and is arranged, intended, designed or used for sleeping, eating or business or is a place in which persons may congregate, including a mobile home, house trailer or camper. A trailer, whether immediately portable or no longer immediately portable by virtue of having its wheels removed or skirts attached, shall not be considered a building for the purpose of this chapter.
USE
The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.
USE, ACCESSORY
A use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40% of the area of the total use of the structure and/or lot on which it is located.
USE, NONCONFORMING
A use lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto which does not conform to one or more provisions of this chapter.
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 to the principal use and permitted under this chapter shall be considered an accessory use.
USE, SUBSTANTIALLY DIFFERENT
A use which by reason of its normal operation would cause readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.
UTILITY CABINET, PUBLIC/PRIVATE
Any structure used by a public utility for providing continuity of service not over seven feet in height and requiring less than a two-hundred-square-foot base area, of which only 50% may be occupied by cabinet.
VARIANCE
Such departure from the terms of this chapter as the Board, upon appeal in specific cases, is empowered to authorize under the terms of Article X.
WIRELESS COMMUNICATIONS COMPANY
An entity that provides wireless communications services. For zoning purposes a wireless communications company is not a public services corporation or a public utility and must comply with the provisions of this chapter.
WIRELESS COMMUNICATIONS SERVICE FACILITY (WCSF)
A facility for the provision of personal wireless services as defined by the Federal Telecommunications Act of 1996, as amended. Such facilities include but are not limited to transmitting and receiving equipment, antennas, antenna structures and supports and related accessory structures or equipment, monopoles and satellite dishes over three feet in diameter.
WIRELESS COMMUNICATIONS SERVICES
Personal wireless services as defined in the Federal Telecommunications Act of 1996, as amended. By way of example but not limitation, personal wireless services include cellular telephone services, personal communications services (PCS) and commercial mobile radio services.
YARD
A portion of a lot, upon which the principal building is situated, unobstructed artificially from the ground to the sky and having at least two sides open to lot lines.
YARD, FRONT
A yard extending for the full width of the lot between the front line of the nearest building wall or building part not specifically excluded by § 235-25 and the front lot line.
YARD, REAR
A yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
YARD, SIDE
A yard extending for the full length of a building between the nearest building wall and the side lot line.
[1]
Editor's Note: See Administrative Code § A-203 and Ch. 15, Art. I, Board of Appeals.
[2]
Editor's Note: The definition of "medical marijuana treatment center" which immediately followed this definition and was added 1-22-2013 by Ord. No. 2013-44 was deleted 8-21-2017 by Ord. No. 2017-129. See now the definition of "registered marijuana dispensary."