Whenever used in this bylaw, and not clearly inconsistent with
the context, words used in the present tense include the future tense
and the plural includes the singular; the word "shall" is intended
to be mandatory and the word "may" permissive; and the word "person"
includes a firm, association, organization, trust, company, corporation
or any similar entity, as well as one or more individuals.
In addition to definitions set forth for specific regulations
elsewhere in this bylaw, the following words and terms shall have
the meanings indicated below, whenever not clearly otherwise intended
in the context:
A self-contained dwelling unit incorporated into a single-family
dwelling that is incidental and subordinate to the single-family dwelling
and which complies with all of the criteria listed below:
The accessory unit shall be a complete, separate housekeeping
unit containing both a kitchen and a bath;
The accessory unit shall not exceed 750 square feet of living
area;
No more than one accessory unit shall be permitted within a
single-family dwelling;
The owner(s) of the single-family dwelling in which the accessory
unit is created shall occupy one of the two dwelling units as their
primary residence;
The exterior of an accessory unit shall be designed to complement
the architecture of the primary structure, by use of compatible scale,
colors, exterior materials and through articulation (emphasis on architectural
elements such as windows, balconies, roof lines or entrances). The
entrance to the accessory unit, if located on the front of the building
facing the street, shall be offset from the plane of the facade of
the primary residence;
An accessory dwelling unit shall be occupied by no more than
two persons and shall not contain more than one bedroom; however,
the Planning Board, by grant of a special permit, may allow a maximum
of four persons to occupy an accessory dwelling unit and may allow
a maximum of two bedrooms;
At least one additional off-street parking space shall be available
for use by the accessory dwelling unit tenant(s) for each bedroom;
Prior to occupancy of the accessory dwelling unit by a tenant,
the owner of the property shall submit a notarized letter to the Building
Inspector stating that the owner will occupy one of the dwelling units
on the premises as the owner's primary residence. The notarized letter
shall be recorded in the Bristol County Registry of Deeds and proof
of such recording shall be provided to the Building Inspector prior
to issuance of an occupancy permit;
If the primary residence containing the accessory dwelling unit
is sold, the new owner, if the owner wishes to continue occupancy
of the accessory unit, shall, within 60 days of the date of purchase,
submit to the Building Inspector a notarized letter stating that the
owner will occupy one of the dwelling units on the premises as his/her
primary residence; otherwise, the accessory occupancy permit shall
no longer be valid;
Prior to the issuance of a building permit to create an accessory
unit, a floor plan of the existing structure and of the proposed accessory
unit shall be submitted, along with drawings showing the proposed
exterior elevation of the proposed accessory addition and existing
structure from the front and both sides; and
No accessory unit shall be occupied until it has been inspected
and issued an occupancy permit by the Building Inspector.
A use or a freestanding building customarily incidental and subordinate to the principal permitted use or building, located on the same lot as the principal permitted use or building and not prohibited by § 175-4.1 hereof.
Small scale production or preparation of food made on site
with limited to no automated processes involved and may include direct
sales to or consumption by consumers. Includes uses such as small-batch
bakeries, microbreweries (15,000 barrels per year or less), brewpubs,
artisan distilleries (10,000 barrels per year or less) as regulated
by the commonwealth, small batch candy shops and local cheese makers.
Uses should allow outdoor seating or patio as an accessory use depending
on the zoning district.
[Added 6-7-2022 ATM by Art. 13]
Application, teaching, making, or fabrication of crafts or
products by an artist, artisan, or craftsperson either by hand or
with minimal automation and may include direct sales to consumers.
Includes uses that employ activities and processes such as small-scale
fabrication, welding, and coating that are typically not permitted
in nonindustrial zoning districts.
[Added 6-7-2022 ATM by Art. 13]
A private owner-occupied residence with one to three guest
rooms. The bed-and-breakfast is subordinate and incidental to the
main residential use of the building. Individual guests are prohibited
from staying at a particular bed-and-breakfast establishment for more
than 14 consecutive days in any one-year period.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A combination of materials having a roof and arranged to
provide shelter. Unless the context unequivocally indicates otherwise,
the word "building" shall be construed as though followed by the words
"or structure, or part of parts thereof." A building touching, structurally
connected to or attached to another building shall be considered a
part of such building.
A subdivision design for single-family and multifamily housing
providing reduced frontage and lot areas and open common land to preserve
natural features.
A private driveway providing vehicular access for at least
two but no more than four building lots. A common driveway may be
allowed by special permit from the Planning Board, but in no case
shall a common driveway be considered "frontage" as defined in this
bylaw. A common driveway shall satisfy all of the following criteria:
The distance of the common driveway measured from the street
line to the point where any principal building is proposed shall not
exceed a distance of 500 feet unless the Planning Board makes a determination
that said driveway will provide safe and reasonable access for fire,
police and emergency vehicles;
The common drive shall be located entirely within the boundaries
of the lots to which the driveway provides access and shall be separated
from any other lots to which access is not being provided by an appropriately
landscaped buffer area at least 20 feet in width;
The center-line intersection of the common driveway with the
street center line shall not be less than 45°;
A minimum cleared width of 18 feet and a minimum travel way
of 12 feet shall be maintained over the entire length of the common
driveway;
A roadway surface with a minimum of four inches of graded gravel
placed over a properly prepared base, graded and compacted to drain
from the crown, shall be installed. Where the property rises in elevation
from the street, the driveway shall be paved from the street to the
first high point (break in grade) in order to prevent erosion toward
the street;
The grade of each common driveway where it intersects with the
public way shall not exceed 8% for a distance of 20 feet from the
travel surface of the public way unless the Planning Board determines
that said driveway will provide safe and reasonable access for fire,
police and emergency vehicles;
The common driveway shall not disrupt existing drainage patterns.
A grading and sloping plan, showing existing and proposed conditions,
shall be submitted to demonstrate compliance;
Documents shall be submitted to the Planning Board demonstrating
through easements, restrictive covenants or other appropriate legal
devices the maintenance (including snow removal), repair and liability
for the common driveway, and all public utilities shall remain perpetually
the responsibility of the private parties or their successors in interest.
The width of a common driveway within the Village Center Core
District shall range from 12 feet to 20 feet subject to site plan
approval by the Planning Board or its designee. A special permit for
a common driveway is not required in the Village Center Core zoning
district.
[Added 10-17-2020 STM by Art. 4]
An electronic message display utilizing light-emitting diodes
(LEDs), plasma or other technology that presents static or multiple
static advertisements on a rotating basis, freestanding, which may
or not be double-sided, which does not advertise a business or profession
conducted, a service offered or a commodity sold upon the premises
where such sign is located, and which is subjected to the rules and
regulations of the Massachusetts Department of Transportation Office
of Outdoor Advertising.
[Added 5-15-2019 ATM
by Art. 19]
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle. This shall not
include the selling of fuel at a gasoline filling station or the accessory
functions of a car wash facility such as vacuum cleaning stations.
One or more rooms, including independent cooking, sanitary
and sleeping facilities, separated physically from other dwelling
units which may be located in the same building, and used as a living
and housekeeping unit by a family.
SINGLE-FAMILY DWELLINGA home or building occupied or intended to be occupied by one family and not more than four roomers or boarders having no independent cooking facilities.
DUPLEXA building containing two dwelling units.
MULTIFAMILY DWELLINGA building, such as an apartment house, containing three or more dwelling units with independent cooking and sleeping facilities.
May consist of one or several individuals occupying a dwelling
as a single housekeeping unit. A family shall not include more than
six persons not related to the remaining members of the family by
blood, marriage, or legal adoption.
Includes the aggregate horizontal area of all floors of a
building or several buildings on the same lot devoted to the same
use, and excluding common hallways, parking garages and portions of
buildings used for building services or maintenance.
The distance measured along the street line of a lot between
the intersections with the sidelines or between the intersection of
street line or street lines extended and either of the lot sidelines'
intersections. In the case of a lot located on a cul-de-sac or turnaround,
the frontage shall be determined on the curves of the street line
between the intersections of the sidelines of the lot with the street
line, or by the length of the setback line, whichever is less. On
a cul-de-sac, in no case shall the frontage line include more than
two curves centered on opposite sides of the street line within the
minimum continuous frontage in feet dimension. A sketch entitled "Frontage
Definition on a Cul-de-Sac," dated June 8, 1992, and a sketch entitled
"Illustration of Yard Definition and Measurements," dated November
7, 1972, as revised by the Annual Town Meeting of June 8, 1992, illustrating
these definitions is incorporated by reference into this paragraph.[1]
The area of a lot between the facade of the principal building
(existing or proposed) and the edge of the front property line. At
a minimum, this area shall include the sidewalk required to comply
with the standards for pedestrian circulation for the district.
[Added 10-17-2020STM
by Art. 4]
The principal building that is used to establish the frontage
area.
[Added 10-17-2020 STM
by Art. 4]
Animals kept or raised commercially, primarily or exclusively
for their fur or pelts and the products manufactured therefrom, including
without limitation mink, beaver, and chinchilla.
The floor of a building that has the primary entrance to
the building. Where there may be more than one primary entrance, the
entrance most readily accessible to the front yard of the lot shall
be considered the primary entrance.
[Added 10-17-2020 STM
by Art. 4]
In feet, shall be measured to the highest point of the building
from the average ground level adjacent to the building. Height in
stories shall include all stories suitable for human occupancy, whether
or not so occupied, which are more than 50% above the average ground
level adjacent to the building.
Includes the performance of custom work of a domestic nature,
using equipment customarily incidental to residential occupancy, the
exercise of personal and professional skills in the fields of arts
and crafts and the giving of individual instructions or lessons in
such skills. Home occupations may include, but shall not be limited
to, dressmaking, millinery, clothes washing, woodworking, piano lessons
and canning or packaging fruits and vegetables.
Residential use located in the same building as nonresidential
use where the nonresidential use occupies the ground floor and the
residential use occupies space above the ground floor.
[Added 10-17-2020 STM
by Art. 4]
Companies operating in the research, development and manufacturing
of pharmaceuticals, biotechnology-based food and medicines, medical
devices, biomedical technologies, nutraceuticals, cosmeceuticals,
food processing, and other products that improve the lives of organisms.
[Added 6-7-2022 ATM by Art. 13]
An area of land in a single ownership with definite boundaries,
ascertainable by plan or deed, used or available for use as a site
of one or more buildings or for any other definite purpose. Compliance
with the requirements of this bylaw determines whether or not a lot
may be built upon. To the extent that they conform to the first sentence
of this definition, several contiguous recorded lots in single ownership
may be considered as one lot at the owner's option.
The branch of manufacture and trade based on the fabrication,
processing, or preparation of products from raw materials and commodities.
This includes all foods, chemicals, textiles, machines, equipment,
lumber, wood, pulp, and refined metals and minerals derived from extracted
ores.
[Added 6-7-2022 ATM by Art. 13]
A type of licensed marijuana-related business as defined
in MGL c. 94G, § 1 and the Cannabis Control Commission regulations,
935 CMR 500.000 et seq., including but not limited to a marijuana
cultivator (indoor or outdoor), craft marijuana cooperative, marijuana
product manufacturer, marijuana microbusiness, independent testing
laboratory, marijuana retailer, marijuana transporter, delivery licensee,
marijuana research facility licensee (as defined in 935 CMR 500.002),
marijuana research facility licensee social consumption establishment
(as defined in 935 CMR 500.002), social consumption establishment
or any other type of licensed marijuana-related business, except a
medical marijuana treatment center (MTC), all as defined in the Cannabis
Control Commission regulations, 935 CMR 500.000 et seq.
[Added 5-14-2018 ATM by Art. 22; amended 5-8-2021 ATM by Art. 14]
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 21, §§ 23 through 56. The
policy addresses stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Norton.
A lot with all buildings, structures, improvements and uses
thereon.
Used as an adjective, means the Town of Norton, Commonwealth
of Massachusetts, United States government or any agency or department
of any of the above.
Services or utilities, such as water supply, electricity,
gas, communications, waste disposal, planting of shade trees and drainage,
provided to the public by a municipality, public agency or authority
or a public service corporation, subject to government regulation
by virtue of its natural or legal monopoly.
The numerical value resulting from the division of the square
of the perimeter in feet of a closed plot of land by the area in square
feet of such closed plot of land.
Establishment that provides amusement, entertainment or physical
fitness that occurs indoors for a fee or admission charge. May require
membership and/or cater to walk in customers. May also include food
or beverage service. Such uses are not limited to: arcades, art/dance/exercise
studio; bowling alleys; drama/voice/instrument instructional studio;
health club/fitness center; ice and roller skating; rock climbing;
indoor hockey, lacrosse or soccer; laser tag; martial arts studio;
indoor swimming pool; tennis, handball, badminton, racquetball; golf
simulation.
[Added 6-7-2022 ATM by Art. 13]
A man-made arrangement of materials requiring a fixed location on the ground, or attached to something permanently located on the ground. The use of all structures shall conform to the provisions of this bylaw, but only structures projecting above ground level, other than fences and customary minor accessories, such as electric and telephone poles, mailbox posts, flagpoles, sign posts and benches, shall be subject to the locational requirements of § 175-6.2.
Dwellings, the construction or use of which is made possible
by public financial assistance and which are used for people of low
or moderate income as defined in the public assistance program or
legislation.
A single-family dwelling adapted to provide room and board
or rooms alone for up to 10 transients at one time in addition to
providing permanent living accommodations to one family resident therein.
A public way laid out and accepted by the Town or a way which
the Town Clerk certifies is used and maintained as a public way; or
A way shown on a plan theretofore approved and endorsed in accordance
with the Subdivision Control Law; or
A way in existence when the Subdivision Control Law became effective
in the Town of Norton, having, in the opinion of the Planning Board,
sufficient width, suitable grades and adequate construction for the
needs of vehicular traffic in relation to the proposed use of the
land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the buildings erected
or to be erected thereon. No lot shall be deemed to be served by a
way to which such lot has no legal or no physical access.
A space between a building and street or a lot boundary unoccupied except for minor structures exempt from the locational requirements of § 175-6.2. The minimum required yard shall be a strip of land of uniform width required by this bylaw measured from the street or lot line and contiguous thereto. The front yard shall be contiguous to the street line between side lines of a lot. Side yards shall be contiguous to such side lines between the rear line of the required front yard and the intersection with rear or other side line. The rear yard shall be contiguous to the rear line or a lot line parallel or approximately parallel to lot frontage and opposite it and be located between the side yards. On corner lots, front setbacks shall be measured from both streets. A triangular lot may have no rear lot lines or rear yard. A sketch entitled "Illustration of Yard Definitions and Measurements," dated November 7, 1982, and revised June 8, 1992, illustrating these definitions, is hereby referenced and incorporated into this paragraph.[2]
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
[2]
Editor's Note: Said illustrations are included as an attachment to this chapter.
