As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING
A building devoted exclusively to a use subordinate to the
principal use and, customarily, incidental to the principal use of
the lot.
ACRE
An acre shall be 43,560 square feet.
AGRICULTURE or FARMING
Includes all farming in all of its branches and the cultivation
and tillage of the soil, dairying, the production, cultivation, growing
and harvesting of any agricultural, aquacultural, floricultural or
horticultural commodities, the growing and harvesting of forest products
upon forest land, the raising of livestock, including horses, the
keeping of horses as a commercial enterprise, the keeping and raising
of poultry, swine, cattle and other domesticated animals used for
food purposes, bees, fur-bearing animals, and 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.
ANTENNA
Any exterior apparatus designed for telephonic, radio, television,
personal communications services (PCS), pager network or any electromagnetic
waves of any bandwidth. An antenna can either be attached to a tower
or attached to a building.
ARTIST
A person regularly engaged in and who derives at least 20%
of his/her annual income from art or creative work either written,
composed, created or executed for a "one of a kind, limited" production,
exclusive of any piece or performance created or executed for industry-oriented
distribution or related production.
ARTIST LOFT
Artist loft space used, or designed to be used, by artists
primarily for art use may also be used by artists as a residence.
Such residency shall be limited to one family per residential unit.
Each unit shall have a minimum of 800 square feet (s.f.) of floor
area for one occupant and a minimum of 1,200 square feet of floor
area for two or more family members.
ART USE
The production of art or creative work either written, composed
or executed for a "one of a kind, limited" production, exclusive of
any piece or performance created or executed for industry-oriented
distribution or related production. Such use may include fine and
applied arts, including painting or other like picture, traditional
and fine artisanry, sculpture, writing, creating film, creating animation,
music and theater, including lessons, choreography and the performing
arts, but shall not include adult entertainment, or adult use.
AUTOMOBILE REFUELING STATION
A structure, building or premises or any portion thereof
where gasoline, oil, alternative fuels or other similar products are
stored and sold by an attendant and/or on a self-service basis to
the public, without repair service or garage, but may also include
retail sales.
AUTOMOTIVE REPAIR GARAGE
A repair facility not including auto body or paint shops,
provided all servicing and repairs are carried out inside the building.
AUTOMOTIVE SERVICE STATION
A full-service gasoline station or service station for minor
repairs, with or without self-service gasoline pumps, where no major
repairs are made, provided that all lubrication and minor repairs
are carried out inside the building.
BANNER
A temporary or permanent sign made of fabric or fabric-like
material which may be free-hanging or attached at all corners.
BOARDINGHOUSE or LODGING HOUSE
A dwelling or that part of a dwelling where sleeping accommodations
are let, with or without kitchen facilities, to four or more persons
not within the second degree of kindred to the person conducting it,
and shall include rooming houses, boardinghouses and tourist homes,
but shall not include hotels, motels, inns, sorority, fraternity and
cooperative residences, convalescent homes, nursing homes, rest homes,
dormitories of charitable or philanthropic institutions or convalescent
or nursing homes licensed under MGL c. 111, § 71 or rest
homes so licensed, or group residences licensed or regulated by agencies
of the commonwealth.
BODY ART ESTABLISHMENT
Any building or structure where the practices of body piercing
and/or tattooing, whether or not for profit, are performed. For the
purpose of this chapter, body art establishments shall not be classified
as an establishment that provides services to the general public.
BUILD
Includes the words "erect," "construct," "alter," "enlarge,"
"modify," "excavate," "fill," and any others of like significance.
BUILDING
Includes the word "structure" unless the context unequivocally
indicates otherwise. "Building" shall also mean any three-dimensional
enclosure by any building materials of any space for use or occupancy,
temporary or permanent, and shall include foundations in the ground,
also all parts of any kind of structure above ground except fences
and field or garden walls or embankment retaining walls.
BUILDING HEIGHT
The vertical distance to the highest point of the roof as
measured from the mean ground level at all elevations of a building.
BUILDING-INTEGRATED WIND ENERGY FACILITY
A wind energy facility shall be considered to be building-integrated
if it is designed to be permanently mounted on a building or other
inhabitable structure. This definition applies to wind turbines of
any capacity that are designed to be operated in direct contact with
a building. This definition also covers, for the purposes of this
zoning provision, other wind energy facilities primarily used for
land-based applications which may be permanently mounted and operated
on a building.
BUILDING PERMIT
A required approval of a project by a licensed Inspector
of Buildings/Building Commissioner which is consistent with the local,
state and federal building codes. In addition, the permit must meet
the criteria set forth under the local zoning ordinances.
COMMUNICATION TOWER
A tower, antennas, cables, radio, electronic and associated
equipment used by FCC-licensed carriers for the purposes of transmitting
and receiving voice and data via radio waves.
CORNICE
The exterior trim of a structure at the meeting of a roof
and a wall.
DECK
A horizontal platform supported by any combination of posts,
beams, foundations, and/or joists with or without handrails, steps
or terraces and not covered by a permanent roof.
DOOR, FRONT
An entry that serves as the principal entrance for residents
or visitors to one or more offices, dwelling units or retail establishments
on a lot, and includes obvious design elements that identify it as
a primary entrance.
DORMITORY
A building used as group living quarters for a student body
or religious order as an accessory use for a university, college,
boarding school, convent, or similar institutional use.
DRIVE-THROUGH
An establishment where goods or services are rendered directly
to the occupants of motor vehicles.
DRIVEWAY
A vehicular passageway providing access between a street
or way and a parking space, parking area, garage, or loading area,
or between two such areas on a lot or lots.
DWELLING
A building designed for or occupied as a residence.
DWELLING, DETACHED
A building designed for or occupied as a residence separated
from any other building, except accessory buildings, by side yards.
DWELLING UNIT
A room or rooms connected together, constituting a separate,
independent housekeeping establishment and physically separated from
any other rooms or dwelling units which may be in the same structure,
and containing independent cooking and sleeping facilities.
FACADE
The exterior face of a building, which is treated in an architectural
fashion.
FAMILY
One or more persons occupying a single dwelling unit, provided
that, unless all members are related by blood, marriage or adoption,
no such family shall contain more than five persons, but further provided
that domestic servants employed on the premises may be housed on the
premises without being counted as a family.
FLOOR AREA, GROSS
A.
The sum, in square feet, of the gross horizontal areas of all
the floors of a building, as measured from the exterior faces of the
exterior walls or center lines of walls separating two buildings,
including:
(1)
Roofed porches and balconies, whether enclosed and unroofed
porches and balconies above the second floor.
(2)
Elevator shafts and stairwells on each floor.
(3)
Accessible attic space with clear headroom of at least five
feet, whether finished or unfinished, except as hereafter excluded:
accessible attic spaces that are only accessible via pull-down stair
or ceiling hatch.
(4)
Interior balconies, mezzanines and penthouses.
(5)
Basement and cellar areas, except as hereafter excluded.
B.
The following areas are excluded from the gross floor area:
(1)
Areas used for parking garages, accessory parking or off-street
loading purposes.
(2)
Basement and cellar areas devoted exclusively to uses accessory
to the operation of a commercial or industrial building.
(3)
Open or lattice-enclosed exterior fire escapes, and unroofed
porches and balconies no higher than the second floor.
(4)
Attic space and other areas for elevator machinery in any building
or mechanical equipment accessory to the operation of a commercial
or industrial building.
(5)
Attic space that is not accessible and attic space with less
than five feet of clear headroom.
FLOOR AREA RATIO
The gross floor area of a building divided by the area of
the lot. Areas devoted to parking, to building mechanical systems
and certain other areas are not counted when calculating gross floor
area.
FRONTAGE
An unbroken distance along the street right-of-way at the
front of the lot, as measured from one side lot line to the other,
and shall provide rights of access and safe, year-round, practical
vehicular access for fire, police and emergency vehicles to existing
or proposed structures or buildings. In the case of a lot that fronts
on a curve or angle in the street, the unbroken distance shall be
measured from one side lot line to the other along the line that marks
the minimum required front yard setback of the building on the lot.
FUEL STORAGE FACILITY
A structure, building or premises or any portion thereof
where gasoline, oil, alternative fuels or other similar products are
stored but not sold at retail (other than for on-site use).
FUNERAL AND/OR UNDERTAKING ESTABLISHMENT
All or part of a building used for funeral services. Such
building may contain space and facilities for:
A.
Embalming and the performance of other services necessary for
the preparation of the dead for burial;
B.
The storage of caskets, funeral urns, and other related funeral
supplies;
C.
The storage of funeral vehicles;
D.
Facilities for cremation; and
E.
The living quarters of an individual whose bona fide occupation
is in the funeral establishment.
GARAGE
A building, separate or attached to a dwelling, in which
one or more motor vehicles but no greater than three, one of which
is owned by the owner or a tenant of the premises, are kept solely
for the private or professional use of their owners, and in which
no space is rented or used for any commercial vehicle, with the exception
of pickup trucks of less than one-ton capacity. Note: References to
other types of garages, such as public or residential/nonresidential
parking garages, parking spaces or parking areas, as defined herein,
are treated separately from garages under this code.
HEIGHT
With respect to wind turbines, the height of a wind turbine
measured from natural grade to the tip of the rotor blade at its highest
point, or blade-tip height.
HOME OCCUPATION
An occupation, business, trade, service or profession, which
is incidental to and conducted in a dwelling unit, by permanent residents
thereof. No more than one home occupation can be conducted on any
premises.
HOSPITAL
An institution, however named, licensed by the Massachusetts
Department of Public Health, whether conducted for charity or profit,
which is advertised, announced or maintained for the express purpose
of diagnosis, medical or surgical treatment which is rendered within
said institution.
HOTEL or MOTEL
A building or buildings intended and designed for transient,
overnight or extended occupancy, divided into separate units within
the same building, with or without a public dining facility. If such
hotel or motel has independent cooking facilities, such unit shall
not be occupied by any guest for more than four continuous months,
nor may the guest reoccupy any unit within 30 days of a continuous
four-month stay, nor may the guest stay more than six months in any
calendar year.
KENNEL
One pack of collection of dogs on a single premises, whether
maintained for breeding, boarding, sale, training, hunting or other
purposes, and including any shop where dogs are on sale, and also
including every pack or collection of more than four dogs, three months
old or over, owned or kept by a person on a single premises irrespective
of the purpose for which they are maintained.
[Amended 7-15-2019 by Ord. No. 2019-23]
LANDING
An intermediate platform on a flight of stairs.
LARGE WIND FACILITY
Equipment, machinery and structures utilized in connection
with the conversion of wind (kinetic energy) into electrical power
with a rated output of electrical power production equipment of greater
than 100kW/0.1MW.
LIBRARY
A building, modular unit, or other structure used as a free
public library in a city or town.
LOADING SPACE
That portion of a vehicle accommodation area used to load
and/or unload goods to/from motor vehicles.
LOT
A parcel of land held in ownership that may be occupied by
a building, including such open spaces as may be required by this
chapter, which is at least of sufficient size to meet the minimum
requirements of the district in which it is located. Such lot shall
have frontage on any improved public way constructed (or adequately
bonded to be constructed) to the City's specifications, or on an improved
private way constructed to the City's specifications. (See also "unbuildable
lot.") The word "lot" includes the words "plot" and "parcel."
LOT AREA
The horizontal area of the lot, exclusive of any area in
a public or private way and, for lots newly created after April 1,
2013, exclusive of any land below the high water line of any water
body contained therein. At least 50% of lot area for all lots required
for zoning compliance shall be land other than wetland for all lots
newly created after April 1, 2013.
LOT DEVELOPMENT COVERAGE
The area of a lot, including the footprints of all structures,
pools, parking areas, driveways, outside storage and assembly areas.
The maximum lot coverage shall be determined as a percentage of the
size of the lot.
LOT LINE, REAR
Except for triangular lots, corner lots, and other such lots,
the lot line opposite the front lot line.
MANUFACTURING
A use engaged in the basic processing and manufacturing of
materials, or the manufacture from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales and distribution
of such products, including, but not limited to, the following types
of industries: food and kindred products, apparel, textiles and related
products, electronic and electrical products, furniture and fixtures,
printing and publishing, paper and allied products, plastic and allied
products, primary and fabricated metal products, machinery, transportation
and related equipment products, instruments and related products,
including the storage of raw materials and containers used in or incidental
to any of the foregoing, provided that any open lot storage shall
not exceed 12 feet in height and that the area so used shall be enclosed
by a tight wall or fence of at least the same height of the material
so stored. Manufacturing shall not include recycling, as defined herein.
MUNICIPAL FACILITY
Government office, service, or facility, including but not
limited to police and fire stations, libraries, and administrative
offices, owned or operated by the City of Fall River, the Fall River
School Department, or any of their departments.
MUNICIPAL USE
Use of land or structures by the City of Fall River and others
for maintenance operations, public utilities, public works and similar
governmental functions.
MUSEUM
A public building, place, or institution devoted to the acquisition,
conservation, study, exhibition, and educational interpretation of
objects having scientific, historical, or artistic value.
NONCONFORMING STRUCTURE
Any structure which does not conform to the dimensional requirements
in this chapter or to the parking and loading requirements of this
chapter for the district in which it is located; provided that such
structure was in existence and lawful at the time the applicable provisions
of this or prior zoning ordinances became effective.
NONCONFORMING USE
A use of a building, structure or lot that does not conform
to the use regulations of this chapter for the district in which it
is located; provided that such use was in existence and lawful at
the time the applicable provisions of this or prior zoning ordinances
became effective.
ON-SITE WIND FACILITY
A wind project which is located at a commercial, industrial,
agricultural, institutional or public facility that will generate
electricity on-site.
OPEN SPACE, LANDSCAPED
The parts of a lot designed and developed for pleasant appearance
in trees, shrubs, ground cover and grass, including other landscaped
elements, such as natural features of the site, walks and terraces.
Such space shall not include rooftops or areas of the lot used for
parking, access drives or other hard-surfaced areas except walks and
terraces as noted above, designed and intended for nonvehicular use.
Such hard-surfaced walks and terraces shall not exceed 25% of the
total required landscaped open space.
OPEN SPACE, USABLE
The parts of a lot designed and developed for outdoor use
by the occupants of the lot for recreation, including swimming pools,
tennis courts or similar facilities, for gardens or for household
service activities such as clothes drying, which space is at least
75% open to the sky, free of automotive traffic and parking and readily
accessible to all those for whom it is required. Open space shall
be deemed usable only if at least 75% of the area has a grade of less
than 8%.
PARKING GARAGE OR PARKING AREA
A.
PARKING GARAGE OR PARKING AREA, NONRESIDENTIALA building, structure, lot or part of a lot designed or used for the shelter or storage of commercial or noncommercial motor vehicles used by the occupants or users of a lot or lots devoted to use or uses not permitted in a residence district, in which space is available either to long-term, transient or casual parkers.
B.
PARKING GARAGE OR PARKING AREA, RESIDENTIALA building, structure, part of a building or structure, lot or part of a lot designed or used for the shelter or storage of noncommercial motor vehicles used by the occupants or users of a lot or lots devoted to a use or uses permitted in a residential district and in which no space is rented for casual or transient parkers.
C.
For all parking areas, the following definitions shall apply:
(1)
ACCESS DRIVEThe portion of a private parking area or commercial parking lot or structure used to provide access from the street to the parking spaces, but which does not abut a parking space on any side.
(2)
ANGLE PARKINGParking spaces placed at an angle less than 90° from a drive lane.
(3)
DRIVE LANEThe portion of a private parking area or commercial parking lot or structure which abuts a parking space on one or more sides, which is not used for vehicular parking, and which provides access from the parking space to a street with or without the use of an access drive.
PARKING SPACE
A parking space shall be a rectangle at least nine feet by
18 feet, exclusive of any required drive or aisle.
PARKING SPACE, OFF-STREET
An area of land adequate for parking an automobile with room
for opening doors on both sides together with maneuvering room and
proper access to a public or private way. Required off-street parking
for three or more automobiles shall have individual spaces and shall
be so designed, maintained and regulated that no maneuvering incidental
to parking shall be on any public or private street or walk and so
that any automobile may be parked or unparked without moving another.
PERMANENT SIGN
A sign intended to be used for a period greater than 30 days.
PIGEON LOFT
A structure(s) for the keeping or housing of pigeons. There
shall be at least one square foot of floor space in any loft for each
mature pigeon kept therein.
PORCH
A horizontal platform supported by any combination of posts,
beams, foundations, and/or joists, with or without handrails, steps
or terraces covered by a permanent roof, but not enclosed with walls,
windows or screens any higher than four feet from the platform.
PROFESSIONAL OFFICE
Architecture, engineering, law, medicine, insurance, real
estate, dentistry or other activity in which specialized services
to clients are performed by persons possessing a degree from a recognized
institution of higher learning demonstrating successful completion
of a prolonged course of specialized intellectual instruction and
study, and possessing evidence of professional capability such as
membership in a professional society requiring standards of qualification
for admission or licensing by the commonwealth. A professional office
shall not include professionals working in a nail, hair care, cosmetology
or tattoo establishment.
PROJECTION
An architectural feature, often containing window and/or
door assemblies, including bay windows, stairways, open landings,
bulkheads, door porticos, eaves, and balconies that protrude beyond
the primary wall plane of a building.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production equipment.
The manufacturer typically specifies this output with a "nameplate"
on the equipment.
RECYCLING CENTER
A parcel of land, with buildings, within which materials
are stored, separated and processed for shipment and eventual reuse
in new products. All storage, separation and processing for shipment
shall be contained within enclosed buildings. No use that has outdoor
storage, separation or processing for shipment shall be considered
a recycling center. Recycling centers shall not include facilities
where recyclables are processed and/or treated so as to be placed
in a condition in which they may be used again in new products or
establishments that store, process or treat hazardous wastes. This
definition of "recycling center" shall not apply to a municipal facility
for the collection of recyclable materials.
RESTAURANT
A building, or portion thereof, including but not limited
to a lunch room, cafeteria, or ice cream parlor, which is designed,
intended and used for the indoor sales and consumption of food prepared
on the premises, and the incidental sale of food to "take out," except
that food may be consumed outdoors in landscaped terraces, designed
for dining purposes, which are adjuncts to the main indoor restaurant
facility. Alcoholic and nonalcoholic beverages may be served, subject
to local licensing. Drive-up or drive-through windows may be allowed
subject to site plan review.
RESTAURANT, TAKE-OUT
Any establishment which has as its principal business the
preparation of food, frozen dessert, or beverages for sale to be consumed
away from the premises of the establishment. This does not apply to
restaurants that occasionally sell such items for consumption away
from the premises, and does not apply to drugstores or grocery stores.
Restaurants of a size greater than 1,500 square feet cannot be considered
take-out restaurants. If drive-through windows are an allowed use
in the district in which the restaurant is located, take-out restaurants
may have drive-through windows by special permit.
RETAIL
A facility selling goods, more specifically listed in the
Table of Uses.
SANITARY LANDFILL
A refuse transfer station, a refuse incinerator, a refuse
compost plant, a plant, a residual waste storage or treatment plant,
or any other works for treating or disposing of garbage, refuse, offal
and rubbish.
SENIOR CONGREGATE HOUSING
A form of elderly oriented housing in which each individual
or two-person family is provided with separate quarters which contain
living and sleeping space and which may contain kitchen and bath facilities.
Each such living space shall be considered the equivalent of one dwelling
unit. Such housing shall also contain common dining, kitchen and social
facilities. Limited supportive services may also be provided.
SERVICE BUSINESS
An enterprise that is established and maintained for the
purpose of providing services (rather than or in addition to products)
to private and/or commercial customers.
SIDEWALK
A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
SIGN
A structure which consists of a device, light, letter, word, model, banner, pennant, trade flag, logo, insignia, or representation which advertises, directs, or announces a use conducted, goods, products, services, or facilities available which influence persons, or conveys information, including electric signs, but excluding window displays or merchandise and signs which are incidental to the displayed merchandise. Refer to §
86-450 et seq. for additional sign provisions.
SMALL WIND ENERGY SYSTEM
All equipment, machinery and structures utilized in connection
with the conversion of wind (kinetic energy) into electrical power.
This includes, but is not limited to, storage, electrical collection
and supply equipment, transformers, service and access roads, and
one or more wind turbines, which have a total rated nameplate capacity
of not more than 100kW/0.1MW.
SPECIAL PERMIT
A permit issued by the special permit granting authority
for uses and/or structures which are in harmony with the general purpose
and intent of the relevant zoning ordinance. Special permits may authorize
(with conditions) those uses and/or structures, including those uses
and/or structures, activities and other matters set forth in MGL c.
40A, § 9, as from time to time amended, so long as the underlying
thresholds are met.
STORY
That part of a building or structure between any floor and
the floor or roof above. A cellar, basement or parking area will count
as a story only if 1) more than half of the clear height is above
the average elevation of the finished lot grade, or 2) more than five
feet of the front elevation is above the grade at the front of the
structure. Steeples and projections used or intended to be used exclusively
for utility service or access to the roof shall not be deemed a story.
Attic areas used for storage or structural support where no portion
of the attic can be converted to a living area under the Massachusetts
Building Code shall not be considered a story.
STORY, HALF
A partial story under a roof which has the line of intersection
of the roof and the wall face not more than three feet above the floor
level, and in which space the floor area with headroom of five feet
or more occupies no more than 80% of the area of the story directly
beneath. Where such floor area occupies more than 80% it shall be
considered a story. Dormers are included in determining the story
status. Attic areas used for storage or structural support, where
no portion of the attic can be converted to a living area under the
Massachusetts Building Code, shall not be considered a story.
STREET
An accepted City way, or a way established by or maintained
under county, state, or federal authority, or a way built to the specifications
of a subdivision plan approved in accordance with the Subdivision
Control Law, or a way determined by the Planning Board to have sufficient
width, suitable grades, and adequate construction to provide for the
needs of vehicular traffic in relation to the proposed use of the
land, and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, fences,
billboards, signs and poster panels.
SUBSTANTIAL EVIDENCE
Such evidence as a reasonable mind might accept as adequate
to support a conclusion.
TATTOOING
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This includes all forms of cosmetic tattooing.
TEMPORARY TRAILER
A vehicular, portable structure built on a chassis and designed
to be used for temporary occupancy but not as a residence; with the
manufacturer's permanent identification "Temporary Trailer" thereon;
and when factory-equipped for the road, being of any length, provided
its gross weight does not exceed 4,500 pounds (~ 2042 kg), or
being of any weight, provided its overall length does not exceed 28
feet (~ 8.534 m).
TERRACE
A paved surface on grade intended for private or shared use
between residences; not included are porches, decks or balconies.
TOWNHOUSE
A dwelling unit in a row of at least three such units, in
which each unit has its own front and rear exposure to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more common vertical fire-resistant walls.
TRAILER
A highway vehicle designed, constructed and equipped for
use as a dwelling and which is capable of being hauled or towed, or
is self-propelled, including any such vehicle so converted as would
make it immobile.
TRANSIENT
A person or stay that is brief or temporary as a guest.
UNBUILDABLE LOT
A parcel of land that does not conform to the definition
of a "lot"; land which is insufficient to meet the minimum requirements
of the zoning district in which it is located. (See also "lot.")
USE
The purpose for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
UTILITY-SCALE WIND FACILITY
A commercial wind facility, where the primary use of the
facility is electrical generation to be sold to the wholesale electricity
markets.
VARIANCE
A relaxation of the terms of this chapter where such relaxation
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary
and undue hardship.
VETERINARY CLINIC
An establishment to provide medical care to animals of all
types housed in a facility separate and apart from all other uses
on that site. There shall be no outdoor facilities to house or exercise
animals.
WETLAND
That area of land which may not be excavated or filled as
of right and is subject to state regulations governing lakes, ponds,
rivers, streams, freshwater swamps and other wetland features as identified
by the Massachusetts Wetland Protection Act, as determined by the
Conservation Commission or the Massachusetts Department of Environmental
Protection.
WHOLESALE
The sale of goods in large quantity for the purpose of resale
and completely enclosed in a building. Such uses shall not include
the sale or transfer of flammable liquids, gas, explosives or other
potentially hazardous materials.
WIDTH
The dimension of a lot measured parallel to the street on
which the lot faces and at the required setback line of the structure.
WIND ENERGY FACILITY
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, transmission, storage, collection and supply equipment,
substations, transformers, service and access roads, and one or more
wind turbines.
WIND TURBINE
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
YARD
A required open space unoccupied and unobstructed by any
structure or portion of a structure, covered or uncovered, with the
exception of any entrance stairs, ramps or stoops, fences, walls,
poles, posts and other customary yard accessories, ornaments and furniture.
The required yard shall also exclude building eaves, jets, bay windows
or similar projections up to two feet in width.
YARD SETBACK, FRONT
A yard extending along any lot line, which is also the right-of-way
line of a public or private way. Depth of a required front yard shall
be the minimum distance required by the district regulations for the
full distance of the front lot line. For corner lots, the front yard
shall be the side of the lot with the required frontage. The other
right-of-way line of a public or private way shall be considered the
side yard.
YARD SETBACK, REAR
A yard of at least the minimum width required by the district
regulations with its inner edge parallel with the rear lot line.
YARD SETBACK, SIDE
A yard of at least the minimum width required by the district
regulations with its inner edge parallel with the side lot line.