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:
The Building Commissioner, City of Melrose, Massachusetts.
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.
A club, restaurant, function hall or similar private or commercial
establishment which regularly features:
Persons who appear in a state of nudity as defined in MGL c.
272, § 31, as amended;
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
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.
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.
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.
An adult bookstore, adult club, adult motion-picture theater,
adult paraphernalia store or adult video store as defined in this
chapter.
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.
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.
A device for directly transmitting or receiving electromagnetic
transmissions.[1]
[Added 7-21-2014 by Ord.
No. 2014-146]
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:
Provides room and board;
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
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.
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.
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]
The Board of Appeals of the City of Melrose, Massachusetts.[2]
An establishment whose principal use is to produce and serve
beer, ale or other malt beverages to be consumed on the premises.
Seating may be located within an enclosed building and outdoors. All
production and storage activities are to be conducted within an enclosed
building. The establishment shall only sell alcoholic beverages produced
by the establishment or produced for the brewery and sold under the
brewery brand name. The establishment may sell food and nonalcoholic
beverages that are produced on-site, produced off-site, or produced
with food trucks that are located on-site. Allowed accessory uses
include: retail sales of the product to customers for consumption
off-premises and commercial goods branded by the establishment, distribution
of the product for off-premises sales as is allowed in the Use Table[3] and state law, and/or tours of the production facility.
The facility shall hold the appropriate Commonwealth of Massachusetts
licensure as well as any required pouring permit approved by the local
licensing authority.
[Added 9-21-2023 by Order No. 2024-4]
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.
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.
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.
A building having any portion of one or more walls in common
with adjoining buildings.
The building area expressed as a percent of the total lot
area.
A building having open space on all sides.
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.
A building certified or qualified for certification by the
Massachusetts Historical Commission in accordance with its published
standards as a historical landmark.
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.
A building in which is conducted the principal use of the
lot on which it is located.
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.
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.
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.
A tower that is freestanding or anchored with cables, used
to support an antenna or other voice or data transmission and receiving
devices.
A zoning district as established by Article III of this chapter.
A commercial establishment wherein food is usually served
to or consumed by patrons while they are seated in parked cars.
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.
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.
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.
A building containing three or more dwelling units.
[Amended 4-18-2023 by Order No. 2023-90]
A building containing one dwelling unit.
[Added 4-18-2023 by Order No. 2023-90]
A building containing two dwelling units.
[Added 4-18-2023 by Order No. 2023-90]
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.
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.[4]
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.
The area subject to periodic flooding, the limits of which
are determined by the flood line.
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.
The ratio of the gross floor area to the total lot area.
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°.
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.
A roofed structure attached to a residence, enclosed on not
more than two sides, designed to house one, two or three motor vehicles.
A group of private garages, either detached or under one
roof, arranged in a row or around a common means of access.
A garage for housing motor vehicles only, with a capacity
of not more than three vehicles.
Any garage not included in the definition of a private garage
or a community garage.
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.
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.
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.
A building providing for the diagnosis and treatment of ailments
of animals other than human, including facilities for overnight care.
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.
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.
A dwelling unit either contained within an owner-occupied
one-family dwelling (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.
[Amended 4-18-2023 by Order No. 2023-85]
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 one-family dwelling.
There shall be no boarders or lodgers within either unit of
a dwelling with an accessory in-law apartment.
No accessory in-law apartment shall be constructed without a
building permit issued by the Building Inspector.
No use as an accessory in-law apartment shall be permitted prior
to a certificate of occupancy by the Building Inspector.
A certificate of occupancy shall be issued for three years.
Continued occupancy shall require issuance of a new certificate of
occupancy.
The dwelling unit shall occupy no more than 1/3 of the structure's
gross floor area.
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.
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.
The line established by this chapter beyond which a building
shall not extend, except as specifically provided in this chapter.
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.
A building containing four or more lodging units.
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.
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.
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°.
[Amended 4-18-2023 by Order No. 2023-59]
The mean horizontal distance between the front lot line and
the rear lot line.
A lot, excluding a corner lot, the side lot lines of which
do not abut on a street.
The property line dividing a lot from a street right-of-way.
The lot line opposite from the front lot line, except as provided in § 235-25C.
[Amended 4-18-2023 by Order No. 2023-59]
Any lot line not a front or rear lot line.
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.
A lot, the front and rear lot lines of which abut streets,
or a corner lot, two opposite lines of which abut streets.
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.[5]
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:
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;
Hemp; or
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]
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]
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]
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]
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]
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]
An entity licensed to engage in research projects by the
Cannabis Control Commission.
[Added 3-18-2019 by Order
No. 2019-31]
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]
A laboratory that is licensed by the Cannabis Control Commission
and is:
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;
Independent financially from any medical marijuana treatment
center or any licensee or marijuana establishment for which it conducts
a test; and
Qualified to test marijuana in compliance with regulations promulgated
by the Commission.
[Added 3-18-2019 by Order
No. 2019-31]
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]
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.
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.
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.
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.
An off-street space inside or outside a structure for exclusive
use as a parking stall for one motor vehicle.
A development involving the construction of two or more principal
buildings on the same lot for any permitted use.
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]
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]
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.
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, alcoholic beverages for off-premises consumption;
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.
[Amended 4-18-2023 by Order No. 2023-84]
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.
The shortest horizontal distance from the front lot line to the nearest building wall or building part not specifically excluded by § 235-25.
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]
A sign which is printed, painted, or affixed to an awning
or canopy.
[Added 12-5-2011 by Ord. No. 12-10]
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]
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]
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.
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.
A sign erected on or affixed to the roof of a building.
A sign erected on or affixed to the land, including any exterior
sign not attached to a building.
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.
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]
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]
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]
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.
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]
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]
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.
A combination of materials that are constructed or erected
on the ground, such as but not limited to a building, bridge, trestle,
tower, framework, tank, tunnel, tent, stadium, reviewing stand, platform,
swimming pool and equipment, shelters, piers, wharves, bin, and sign.
[Amended 4-18-2023 by Order No. 2023-83]
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]
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.
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.
The purpose for which a structure or lot is arranged, designed
or intended to be used, occupied or maintained.
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.
A use lawfully existing at the time of adoption of this chapter
or any subsequent amendment thereto which does not conform to one
or more provisions of this chapter.
The main or primary purpose for which a structure or lot
is designed, arranged or intended or for which it may be used, occupied
or maintained under this chapter. 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.
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.
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.
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.
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.
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.
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.
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.
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.
A yard, unoccupied except by an accessory structure or accessory
use as herein permitted, extending for the full width of the lot between
the rear line of the building wall and the rear lot line.
A yard extending for the full length of a building between
the nearest building wall and the side lot line.
[1]
Editor's Note: The former definition of "apartment house",
which immediately followed, was repealed 4-18-2023 by Order No. 2023-90.
[3]
Editor's Note: The Table of Use and Parking Regulations is included as an attachment to this chapter.
[4]
Editor's Note: The former definition of "family, which immediately
followed, was repealed 4-18-2023 by Order No. 2023-90.
[5]
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."
