For the purpose of this chapter, the following words and terms
as used herein shall have the meanings or limitations of meaning hereunder
defined, explained or assigned:
The intentional or unintentional cessation of use or maintenance
of a building, structure or lot.
A secondary dwelling unit created within or as an extension to an existing single-family dwelling containing separate bath and kitchen facilities. This conversion shall only be approved by the special permit granting authority designated in § 440-502, Use regulations. (See § 440-710, Accessory dwellings, for additional requirements.)
Any structure not intended for human occupancy. Examples
of accessory structures include carports, sheds, and other nondwelling
buildings, heat pumps, fences, trellises, flagpoles, and tanks.
Use of land, building, or part of building that is customarily
incidental and clearly subordinate to the principal permitted use
of the premises. Accessory uses are permitted in all districts if
not hazardous, harmful, or incompatible with specific use or dimensional
restrictions applicable to such districts. The accessory use must
also be under the same ownership as the principal use, and the accessory
use must be deemed an essential support for the operation of the principal
use on the premises. In no case shall an accessory use exceed 10%
of the gross floor area of the principal use, except office use in
an Industrial District which shall not exceed 20% of the gross floor
area of the principal use.[1]
Leisure activities usually of an organized nature, often
performed with others and often requiring equipment, taking place
at prescribed places, sites, or fields.
Property abutting directly on the boundary of, touching,
or sharing a common point.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, photographs, videos, computer
software, computer discs, laser discs 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.
An establishment which offers and/or displays nude or seminude
live entertainment for its patrons. The term "nudity" is defined in
MGL c. 272, § 31.
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock-in-trade devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock-in-trade videos, movies, computer software, computer
discs, laser discs, or other film material which is distinguished
or characterized by its emphasis depicting, describing, or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
The use of land, buildings or structures for agriculture and farming, including floriculture, horticulture and viticulture; farming in all its branches and the cultivation and tillage of the soil; dairying; the production, cultivation, growing and harvesting of any agricultural, floricultural or horticultural commodities; the raising of livestock; the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, or fur-bearing animals; and any practices, including any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market, and the uses customarily accessory to the foregoing. (See § 440-502; a permitted use in all districts on parcels of five acres or more.)
Any building designed for use as a dwelling for more than
three family units.
The use of modern biological techniques for industrial or
research purposes. The term shall include any industrial or research
activities which use recombinant DNA molecules (rDNA) or organisms
and viruses containing rDNA. (See Board of Health regulations for
registration requirements.)
Green spaces or green strips of land on which to grow grass, bushes, flowers or trees, and maintained suitably landscaped, open and green, unpaved, unbuilt upon, and not used as a parking area for motor vehicles. See § 440-702.
Any structure, whether temporary or permanent, enclosing any
space, but not including fences (seven feet high or less), field or
garden walls, embankments or retaining walls.
[Amended 4-5-2022]
A permanent or temporary structure having a roof and providing
shelter for goods, animals or humans; structures or buildings structurally
connected above ground to a building shall be deemed to be parts thereof.
The words "built" and "erected" shall each contain the other
and shall include the words "constructed," "reconstructed," "altered,"
"enlarged," "moved" and any other words of like significance.
Premises maintained for the exercise of a trade, business
or profession, primarily consisting of the furnishing of personal
services; the maintenance of customary business records; activities
of a governmental agency, a public utility, or a philanthropy; the
furnishing of food or drink; or a place of assembly, recreation, or
amusement.
A boxlike object of standardized dimensions that can be loaded from one form of transport to another typically utilized for carrying freight. For the purposes of zoning, on all vacant properties and all use classifications outlined in § 440-502, with the exception of commercial/industrial uses classified as storage/warehouse or truck/tractor terminal, cargo containers 120 square feet or less shall be considered accessory structures and cargo containers larger than 120 square feet shall be considered structures.
As defined in MGL c. 40A, § 3, and MGL c. 15D,
§ 1A.[2]
Facilities such as post office, telephone exchange, library,
school, church or museum.
A body or association owning or hiring space in a building
or operating an activity for the use of its members.
Any access or driveway which connects, services or provides
access to two or more lots. Any common driveway which accesses three
or more lots needs a special permit from the Planning Board. The special
permit granting authority shall utilize the City of Taunton Subdivision
Rules and Regulations as a guide in determining the required standard
of construction for said common driveway.
A form of property ownership whereby the owner gains ownership
of an interior space within a building. The building structure, the
land under the building, and all of the surrounding land is commonly
owned by all the inhabitants on a proportional basis. In addition,
the land, the building or buildings, all other improvements and structures
thereon and all easements, rights and appurtenances belonging thereto,
which have been, or will be, subject to the provisions of MGL c. 183A.
The number of dwelling units per acre.
Any human-caused change to improved or unimproved real estate
that requires a permit or approval from any agency of the City of
Taunton, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations and storage of materials.
The use of land, buildings, or structures, or parts thereof,
to provide or dispense products or services, either wholly or in part,
through an attendant or window or automated machine to persons remaining
in motorized vehicles. Despite the above, a drive-through facility
does not include a vehicle washing facility, a vacuum cleaning station
accessory to a vehicle washing facility, or an automobile/gasoline
service station.
A private roadway located on a parcel or lot used for vehicle
access.
Conversion of an existing single- or two-family dwelling structure to accommodate not more than three dwelling units. See § 440-709.
A building containing four or more individual dwellings with
separate cooking facilities and toilet facilities for each dwelling
unit.
A freestanding building exclusively for residential use by
one family but not more than one family.
A freestanding building used exclusively for residential
use by three families but not more than three families.
A freestanding building exclusively for residential use by
two families but not more than two families. This definition does
not include a single-family dwelling with an accessory dwelling unit.
A building or a portion thereof containing rooms used for
human habitation containing independent cooking, sleeping, and toilet
facilities, but excluding boardinghouses, hotels, and dormitories.
Included in this definition is "stick-built" and/or modular construction.
Land or structures used for educational purposes on land
owned or leased by a nonprofit educational corporation.
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.[3]
A general and temporary condition of partial or complete
inundation of normally dry land areas from the unusual and rapid accumulation
or runoff of surface waters from any source.
The maps provided by the National Flood Insurance Program
of the Federal Emergency Management Agency (FEMA) dated July 7, 2009,
and any revisions thereto, on which have been delineated both the
areas of special flood hazard and the risk premium zones (Zone A,
AE or AO).[4]
The total area of all floors of a building measured to the
outside face of the structural members in exterior walls, and including
halls, stairways, vertical shafts (including elevators and vent shafts),
and unenclosed usable areas not surrounded by exterior walls which
are under a horizontal projection of a solid roof or floor above.
In addition, the following shall be included: basements, garages and
covered supports.
The ratio of building area to parcel area. Floor area ratio
is a measure of nonresidential land use intensity.
The dimension of a property or portion of a property that
is adjacent to a street; side yards of corner lots are excluded.
Any garage intended for, and used to park, the private motor
vehicles of the families resident upon the premises.
Any garage intended for, and used to park, vehicles which
is not included within the definition of a private garage.
The quotient of the total number of dwelling units divided
by the total gross acreage of a site.
Includes halfway house, group residence, group dwelling unit,
and limited group residence.
HALFWAY HOUSEAn intermediate care center which provides temporary residential accommodation, guidance and supervision for three or more persons. (See § 440-1001.)
GROUP RESIDENCEA dwelling designed, intended, or used for occupancy by several adults not related by blood, marriage, or adoption who use in common some or all of the cooking, storage, bathroom, and living facilities and require no special training, care, or treatment.
GROUP DWELLING UNITA dwelling unit licensed by or operated by the Department of Developmental Services or the Department of Mental Health as a special residence for up to four persons who may or may not be capable of self-preservation from fire or other related hazards.[5]
LIMITED GROUP RESIDENCEA building licensed by or operated by the Commonwealth Department of Mental Health or the Office for Children as a limited group residence. This is a residence for people not capable of self-preservation.
Any substance or material that, by reason of its toxic, caustic,
corrosive, abrasive, or otherwise injurious properties, may be detrimental
or deleterious to the health of any person handling or otherwise coming
into contact with such material or substance.
The vertical distance from grade to the highest finished
roof surface in the case of flat roofs or to a point at the average
height of the highest roof having a pitch.
The vertical distance from predevelopment grade to the highest
finished roof surface in the case of flat roofs or to a point at the
average height of the highest roof having a pitch.
The vertical distance from grade to the highest point of
said structure.
Any manufacturing, processing, warehousing or commercial
nonretail activity.
A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials,
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A use engaged in the manufacture, predominately from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.[6]
An area of land in one ownership, with definite boundaries,
used or available for use as the site of one or more buildings. Permanent
water bodies shall not be calculated as part of total lot area for
any lot in any zoning district.
The maximum allowable percentage of the total lot area that
the footprint of all structures and impermeable surfaces occupies.
The percentage of the total lot area that the footprint of
all structures and impermeable surfaces occupies.
A line dividing one lot from another or from any street or
public place.
The line(s) of any lot abutting a street line as defined.
Any lot line that is not a front lot line or a side lot line.
Any lot line that has a termination point at a front lot
or property line and does not change direction more than 45° from
the initial direction off the street or change direction more than
twice.
A straight line between the points on side lines of a lot
at the distance from the street equal to the minimum required front
yard, and where no front yard is required, at a distance of 30 feet.
The processing of raw materials such as lumber, metals, food
products or petroleum or the assembly, fabrication or processing of
goods.
As defined in 935 CMR 500.002 (except excluding "marijuana
retailer"), a marijuana establishment means a marijuana cultivator,
craft marijuana cooperative, marijuana product manufacturer, independent
testing laboratory, marijuana research facility, marijuana transporter,
or any other type of licensed marijuana-related business, except a
medical marijuana treatment center.
[Added 10-2-2018]
As defined in 935 CMR 500.002, means an entity 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 offering
cannabis or marijuana products for the purposes of on-site social
consumption on the premises of a marijuana establishment.
[Added 10-2-2018; amended 4-5-2022]
An establishment that acquires, possesses, sells, dispenses,
or administers marijuana or products containing marijuana and/or related
supplies to individuals, for ostensibly medical purposes.
[Added 1-8-2019]
An establishment that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures,
aerosols, oils, or ointments), transfers, transports, or distributes
marijuana or products containing marijuana and/or related supplies
to other businesses, for ostensibly medical purposes.
[Amended 1-8-2019]
The marketing of goods and services, buying and selling,
including professional and artistic processing on the premises of
products to be sold on said premises to the ultimate consumer.
The minimum required amount of contiguous lot area that cannot be wetlands as defined by Chapter 432, Wetlands Protection.
A dwelling unit built on a chassis and containing complete
electrical, plumbing and sanitary facilities and designed to be installed
on a temporary or permanent foundation for permanent living quarters.
An establishment that stays open late at night and provides
food, drink, entertainment, and music for dancing.
A lot that does not comply with the dimensional regulations
for its zoning district but which complied with applicable regulations
at the time the lot was established.
Any structure that does not meet the limitations on building
size and location on a lot, for the district in which such building
is located, for the use to which such structure is being put.
A lawful use of land that does not comply with the use regulations
for its zoning district but which complied with applicable regulations
at the time the use was established.
A use wherein services are performed involving predominately
administrative or clerical operations.
Areas of a development that allow for light, air, wildlife
habitat, and for scenic and recreational use. Also included are areas
designed to enhance the privacy or general appearance of a development.
Private open space is open space that is owned by a corporation, individual,
or homeowners' association. Public open space is open space owned
by a governmental jurisdiction.
Additional zones imposed over existing zoning districts and
containing provisions that are applicable in addition to those contained
in the zoning law. Developments within the overlay zone must conform
to the more restrictive requirements of both zones unless specified
otherwise in the overlay zone provisions.
An area of land where vehicles are kept on a daily, overnight,
or temporary basis, not to include the storage of wrecked or abandoned
vehicles or vehicle parts or the repair of vehicles.
A designated off-street area designed to accommodate the
parking of one vehicle.
The elevation of the average crown of the adjacent road,
or roads, or average natural grade at the base of the structure, whichever
is higher. A grade may be increased up to five feet above predevelopment
grade for a residential structure. Any increase in fill or grade above
five feet shall constitute a decrease in the maximum height allowed
for residential structures.
The primary use(s) of a lot and is regulated under the zoning district use regulations contained in § 440-502 of this chapter. Multiple principal uses may be permitted and present per lot, along with uses that are accessory to that principal use. Any use not meeting the definition of an accessory use shall be considered a principal use.
All operations that involve or include as part or all of
the recycling collection and/or processing process the on-site decomposition
and/or composting of organic materials by aerobic and/or anaerobic
means. Organic materials shall include but not be limited to yard
waste, refuse, and/or food waste. The definition shall also include
wood and paper products being processed utilizing the means outlined
in this definition.
All operations that involve or include collection and/or
processing of inorganic materials such as but not limited to glass,
rubber, metal and plastics. This category shall also include the collection
and/or processing of paper and wood products in a manner that does
not involve the decomposition or composting by aerobic and/or anaerobic
means of the materials in any part of the on-site process.
Land or structures used for religious purposes on land owned
or leased by a religious sect or denomination.
Establishments selling physical goods to the public for consumption
but not for resale, usually in small quantities. This shall not include
vehicle sales.
A permitted accessory agricultural use in which vegetable
produce of a farm or garden and no other products, articles or merchandise
may be sold, except that Christmas trees and wreaths grown elsewhere
may be sold.
A service is the nonmaterial equivalent of a good. Service
provision is an activity that does not result in ownership of a physical
good. It is a process that creates benefits by facilitating either
a change in the customer, a change in his or her physical possessions,
or a change in his or her intangible assets.
The distance between a property line and a building or structure.
The minimum distance between the property line and the building
required by the zoning district and measured from the property line.
The setback shall be calculated from the furthest extension of said
structure.
Any words, lettering, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, structures, designs, trade names,
or trademarks by which anything is made known, such as are used to
designate an individual, a firm, an association, a corporation, a
profession, a business, or a commodity or products, which are visible
from any public street or adjacent property and used to attract attention.
A solar photovoltaic panel, or solar hot air or water panel
collector device, which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
The Board of Appeals, Municipal Council, Planning Board or other entity designated herein pursuant to MGL c. 40A to issue certain types of special permits. (See § 440-304A.)
That portion of a building contained between any floor and
the floor or roof next above it, but not including any portion so
contained if more than 1/2 of such portion vertically is below the
average mean finished grade of the ground adjoining such building.
That portion of a building next beneath a sloping roof and
in which there are less than four feet vertically between the floor
and the intersection of the bottoms of the rafters with the interior
faces of the walls.
A public way, or a way which the City Clerk certifies is
maintained and used as a public way, or a way shown on a plan approved
in accordance with the Subdivision Control Law,[7] or a way in existence when the Subdivision Control Law
became effective in the City of Taunton, having, in the opinion of
the Planning Board, sufficient width, suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation
to the proposed use of 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.
The side lines of a public way as laid out; the side lines
of a way shown on a plan approved in accordance with the Subdivision
Control Law; as to all other ways, two lines parallel to the center
of the traveled way and 25 feet distant from said center line.
A combination of materials assembled to give support or shelter,
such as buildings, towers, masts, sheds, roofed storage areas, retaining
walls and fences more than six feet in height.
Anything constructed or erected, the use of which requires more
or less permanent location on, in or under the ground or attachment
to something having location on the ground.
The purpose for which a building, structure, or area of land
may be arranged or occupied or the activity conducted or proposed
in a building or structure or on an area of land.
A grant of relief to a person from the requirements of this
chapter which permits construction or use in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
Right of property owner to develop according to the terms
of an approved site-specific development plan or building permit even
if the zoning or zoning district requirements are changed prior to
development.
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward.
A yard extending across the full width of the lot and lying
between the street frontage of the lot and the nearest line of the
building front.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
The depth of a rear yard shall be measured at right angles to the
rear line of the lot.
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front street line
and the rear lot line.
