[Amended April 2007 ATM by Art. 19; 5-1-2008 ATM by Art.
23; April 2010 ATM by Art. 21; April 2011 ATM]
For the purpose of this bylaw certain terms and words shall
have the following meanings. 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" or "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. Terms and
words not defined herein but defined in the State Building Code or
Subdivision Regulations[1] shall have the 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, Third Edition.
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 U.S. Bureau of Census.[2]
The discontinuance or non-use by an owner of a nonconforming
use of a building or premises; or the removal of the characteristic
equipment or furnishing used in the nonconforming use, without its
replacement by similar equipment or furnishings; or the replacement
of the nonconforming use or building by a conforming use or building.
The Building Commissioner/Zoning Enforcement Officer, Town
of Marshfield, Massachusetts.
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines and other matter 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.
Shall refer to the following uses as defined in this bylaw:
"adult bookstore," "adult motion-picture theater," "adult paraphernalia
store," "adult video store" and "establishments which display live
nudity."
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 by MGL c. 272, § 31.
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 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 or other film material which
is distinguished or characterized by its emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined by MGL
c. 272, § 31.
When applied to housing or housing units means housing or
housing units constituting low- or moderate-income housing.
A building, group of buildings or unit(s) occupied by or
used exclusively for either:
The residence of persons age 55 or older. Guests under age 55
are allowed, not to exceed six months in any consecutive nine-month
period.
The residence of handicapped persons as defined in MGL c. 121B.
In the case of a handicapped individual, one live-in personal care
attendant with some shared facilities and services is permitted.
Any construction, reconstruction or other action resulting
in a change in the structural parts, height, number of stories or
exits, size, use or location of a building or other structure.
All filling, excavation, or other changes in the landform
(except after a storm or other natural disaster for the limited purpose
of restoring the topography to its preexisting condition).
The background A-weighted sound level that is exceeded 90%
of the time, measured during operation of equipment.
A plot of land on which 10 livestock or more per acre are
fed on a regular basis.
An annual report of the auditing agency regarding the compliance
of each applicant and development with the requirements of the affordable
housing conditions set forth in the special permit or the LIP Regulations,
homeowner/association agreements, deed riders, regulatory agreement
and the use restrictions applicable to such development.
The individual or legal entity making application to the
Planning Board for a special permit.
Geologic formation composed of rock or sand and gravel that
contains significant amounts of potentially recoverable potable water.
The land within the floodplain within the Town of Marshfield
subject to a one-percent or greater chance of flooding in any given
year. This area may be designated as an A or V Zone.
The Marshfield Housing Authority or its designee.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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 is not considered a story unless its ceiling is six feet
or more above the average finished grade.
The Board of Appeals of the Town of Marshfield, Massachusetts,
unless where specifically another board is so empowered.
A lodging house where meals are served to lodgers on a regular
basis, on the premises, by, or with the permission of, the operator
of such lodging house.
The Board of Selectmen of the Town of Marshfield or its successors.
A combination of any materials, whether portable or fixed,
having a roof, and enclosed within exterior walls or fire walls, built
to form a structure for the shelter of persons, animals or property.
For the 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 plane area of all
buildings on a lot measured to their outer walls, but 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 percentage of the total
lot area.
A building having open space on all sides.
The vertical distance from the average finished grade, measured six feet horizontally from the foundation of the adjacent ground to the top of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip, pitch or sloped roof. In connection with floodproofing a structure above the base flood elevation as determined by the National Flood Insurance Rate Maps, the maximum building height listed in § 305-6.02, Table of Dimensional and Density Regulations, may increase by the difference between the base flood elevation as determined by the July 17, 2012, Flood Insurance Rate Maps and the current Flood Insurance Rate Maps as adopted by the Town.
[Added 4-29-2014 ATM
by Art. 16; amended 10-27-2014 STM by Art. 20]
The line, parallel to the street line, which passes through
the point of the principal building nearest to the front lot line.
A device that is mounted on a building that converts kinetic
wind energy into rotational energy that drives an electrical generator.
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 established finished grade
of the ground adjoining the building. A cellar is not deemed a story.
Code of Massachusetts Regulations.
A permit for the development of low- or moderate-income housing
pursuant to MGL c. 40B, §§ 20 through 23, as amended,
or successor law, and its implementing regulations in 760 CMR 56.00
et seq. or successor regulations.
[Amended 4-24-2017 ATM
by Art. 12]
A permanent restriction that meets the requirements of MGL
c. 184, §§ 31 to 33. Conservation restrictions shall
be held by the Town or by a nonprofit conservation organization approved
by the Planning Board or Conservation Commission and shall require
that the property be maintained in an open or natural state and shall
prohibit development of the subject property. The conservation restriction
shall convey to the Town or the nonprofit organization the right to
monitor the property and enforce the terms of the restriction.
The changing of an existing non-affordable housing unit to
an affordable housing unit.
An increase in the number of market-rate units on the site
in order to provide an incentive for the provision of affordable housing
pursuant to this bylaw.
Massachusetts Department of Environmental Protection.
The Massachusetts Department of Housing and Community Development
or its successors.
A zoning district as established by Article III of this bylaw.
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 the 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. Drive-in
movies are excluded from this definition.
A 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, permanently fixed structure
containing a dwelling unit or dwelling units. The term "one-family,"
"two-family," or "multifamily" dwelling shall not include hotel, lodging
house, hospital, membership club, trailer or dormitory.[3]
A building containing three or more dwelling units.
A building containing two dwelling units constructed on a
single lot.
One or more living or sleeping rooms arranged for the use
of one or more individuals living as a single housekeeping unit, with
cooking, living, sanitary, and sleeping facilities.
Dwelling units that meet the state's affordable housing requirements
for low to moderate income. These affordable units shall be marketed
through the Marshfield Housing Authority, South Shore Housing Development
Corporation, or other housing organization approved by the Board,
with resale restrictions to assure continued affordability in perpetuity.
Dwelling units reserved for occupancy by persons or families of low
to moderate income, or for occupancy by a single individual, shall
not be segregated from market-rate or larger dwelling units in the
development in which they are proposed.
Services provided by public utility or governmental agencies
through erection, construction, alteration or maintenance of underground
or overhead gas, electrical, steam or water transmission and distribution
systems and collection, communication, supply or disposal systems.
Facilities necessary for the provision of essential services include
poles, wires, mains, 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.
Any establishment which provides live entertainment for its
patrons, which includes the display of nudity as defined in MGL c.
272, § 31.
An individual or two or more persons related by blood or marriage
living together as a single housekeeping unit and including necessary
domestic help such as nurses or servants and further including not
more than three lodgers or roomers taken for hire.
A group of individuals not related by blood or marriage, but
living together as a single housekeeping unit may constitute a family.
For purposes of controlling residential density, each such group of
10 individuals shall constitute a single family. Residents of rooming,
boarding or lodging houses shall not be considered a family as defined
in this subsection.
The filling of natural or man-made depressions in the earth
with soil, loam, sand, gravel or other similar earthen materials.
The construction, operation, or maintenance of a sanitary landfill
or other refuse facility shall not be deemed to be the filling of
land or water area for purposes of this bylaw.
An electrical device which is secured to a wall, ceiling,
pole or post and is used to hold lamps.
The limits of flooding from a particular body of water caused
by lunar tides, a storm, or other natural phenomena whose frequency
of occurrence is one in 20 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 areas of the several floors of a building,
measured from the exterior faces of the walls. It does not include
cellars, unenclosed porches or attics not used for human occupancy
or any floor space in accessory buildings or in the main building
intended and designed for the parking of motor vehicles in order to
meet the parking requirements of this bylaw, or any such floor space
intended and designed for accessory heating and ventilating equipment.
The ratio of the gross floor area to the total lot area.
An intended drainage point on a floor constructed to be otherwise
impervious, which serves as a point of entry into any subsurface drainage,
treatment, disposal, containment, or other plumbing system.
A unit of measuring the amount of illumination equal to one
lumen per square foot on a surface.
All the water found beneath the surface of the ground. In
this bylaw the term refers to the slowly moving subsurface water present
in aquifers and recharge areas.[4]
Any or all of the following:
Six hundred and sixty gallons or less of oil on site at any
time to be used for heating of a structure or to supply an emergency
generator; and/or
Quantities of propane used for standard household or commercial
heating or cooking purposes; and/or
The total bulk storage of 25 gallons (or the dry weight equivalent)
or less of other toxic or hazardous materials on site at any time,
including oil not used for heating or to supply an emergency generator;
and/or
A quantity of hazardous waste at the "very small quantity generator"
level as defined and regulated in the Massachusetts Hazardous Waste
Regulations, specifically 310 CMR 30.353.
A waste, or combination of wastes, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, an increase in serious
irreversible or incapacitating reversible illness or pose a substantial
present or potential hazard to human health, safety, or welfare or
to the environment when improperly treated, stored, transported, used
or disposed of, or otherwise managed or as further defined in the
Massachusetts Hazardous Waste Regulations, 310 CMR 30.010.[5]
An accessory use which customarily is carried on entirely within a dwelling unit and is incidental and subordinate to the dwelling use and which shall not occupy more than 25% or 400 square feet, whichever is less, at the dwelling unit used. (See § 305-11.07.)
The amount of illumination equal to one lumen per square
foot on a horizontal surface.
A building providing medical service including twenty-four-hour
in-patient services for the diagnosis, treatment or other care of
human ailments and may include a sanitarium, sanatorium, clinic, rest
home, nursing home, and convalescent home.
A building or any part of a building for transient occupancy
containing rooming units which may have cooking facilities only in
connection with central dining facilities, which may have either a
common entrance or individual entrances and which includes an inn,
motel, motor inn, and tourist court, but not including an apartment
house, a boardinghouse, lodging house, or rooming house.
Two or more persons who will live regularly in a housing
unit as their principal residence and who are related by blood, marriage,
or law or who have otherwise evidenced a stable interdependent relationship,
or an individual.
The Marshfield Housing Partnership or its successors.
The United States Department of Housing and Urban Development
or its successors.
Material covering the ground, including but not limited to
macadam, cement, concrete, pavement and buildings, that does not allow
surface water to penetrate into the soil.
The amount of illumination (measured by footcandles) given
off by a luminaire at the point of installation.
The data with respect to the original selling price of a
specific affordable housing unit and how such price was determined.
Any worn out, cast off or discarded articles or materials
which are ready for destruction or disposal or have been collected
or stored for salvage or conversion to some use. Any article or material
which, unaltered or unchanged or without further reconditioning, can
be used for its original purpose as readily as when new shall not
be considered junk.
Every pack or collection of more than three dogs over six
months old owned or kept by a person on a single premises irrespective
of the purpose for which they are maintained.
A facility established in accordance with a valid site assignment
for the purposes of disposing solid waste into or on the land, pursuant
to 310 CMR 19.006.
Waste materials including solid wastes, sewage, sludge, and
agricultural wastes that are capable of releasing water-borne contaminants
to the surrounding environment.
The Local Initiative Program.
Rules, standards and policies explaining and detailing regulatory
provisions established by DHCD with respect to the Local Initiative
Program, as amended from time to time.
The regulations with respect to the Local Initiative Program.
Domestic animal such as cattle, horses, sheep, hogs, or goats
raised for home use or for profit.
An off-street space used for loading or unloading, not less
than 14 feet in width, 50 feet in length, and 14 feet in height, and
containing not less than 1,300 square feet including both access and
maneuvering space.
A Local Initiative Program housing development permitted
without a comprehensive permit.
A unit of low- or moderate-income housing which has been
developed without a comprehensive permit and which meets the requirements
set out in 760 CMR 56.00 et seq. and which has been approved as a
local action unit by the DHCD singly or as part of a local action
project.
[Amended 4-24-2017 ATM
by Art. 12]
The DHCD Local Initiative Program described in 760 CMR 56.00
et seq. or successor regulations.
[Amended 4-24-2017 ATM
by Art. 12]
A preference given to local residents in accordance with
LIP Regulations and LIP Guidelines in the selection of eligible applicants
for the affordable housing units within a development.
A household which at the time of application and at the time
of final determination of eligibility and qualification for an affordable
unit includes one or more members who:
Have his, her or their principal residence in the Town;
Are the parents or stepparents or the children or stepchildren
of someone who has his or her principal residence in the Town; or
Are employees of the Town, such as teachers, firefighters, police
officers, librarians, or employees of businesses located in the Town.
The Town and a developer may negotiate other reasonable preference
categories or variations of the above categories subject to approval
by the DHCD.
A building or any part thereof containing two or more living
or sleeping rooms which do not contain cooking facilities, and which
rooms are separately leased to more than four individuals unrelated
by blood or marriage.
One or more rooms for the use by one or more individuals
not living as a single housekeeping unit and not having cooking facilities.
A "lodging unit" shall include rooms in boardinghouses, tourist houses,
or rooming houses.
An area or parcel of land in common ownership, designated
by its owner or owners as a separate lot on a plan filed with the
administrator of this bylaw and recorded in the Plymouth County Registry
of Deeds.
A lot at the point of intersection of, and abutting on, two
or more intersecting streets, or on a continuous street, a lot having
an interior angle of not more than 100° at the point of intersection
of extended street line tangents.
[Amended 4-24-2017 ATM
by Art. 12]
The shortest distance between the front lot line and the
rear lot line within a width at least equal to the required lot width.
The total distance along a street line from one front lot corner to the other. On a corner lot the frontage on either street is the distance along the street line from a lot corner to the point of intersection of the two street lines, or that of their extensions in the case of their being connected by a rounded corner. It is required therefore that such frontage be a continuous uninterrupted line over an area of upland of a least 60% of the minimum required number of feet, and be contiguous to the minimum lot area (upland portion of the lot) as provided under § 305-6.02 so as to provide opportunity for physical access to every lot.
The property line between a lot and a street or the line
defining the limit of a right-of-way set aside for road purposes.
On a corner lot the owner shall designate one street line as the front
lot line for the purpose of determining what line will be designated
as the rear line.
The lot line most nearly parallel to, opposite, and farthest
from the front lot line.
Any lot line not a front or rear lot line or street line.
A lot lawfully existing at the effective date of this bylaw
or any subsequent amendment thereto which is not in accordance with
all provisions of this bylaw.
An interior lot, the front and rear lot lines of which abut
streets, or a corner lot, two opposite lines of which abut streets.
The distance between the side lot lines as measured parallel to the front lot line, at the rear building line and at all points between. No dwelling may be erected or placed unless within a circle of diameter equal to the required frontage under § 305-6.02 which can be inscribed within the lot lines at some point between the front and rear lot lines.
The Marshfield Housing Authority or its designee.
A contractual agreement between the lottery agent and a developer
which authorizes and defines the lottery process for households to
be selected for an affordable unit.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
Household income, computed pursuant to LIP Guidelines, which
does not exceed 80% of median income for a comparable household size
as determined by HUD for the area in which the household is located.
Decent, safe and sanitary housing created through and subsidized
by LIP or other state or federal housing production programs which
is restricted to occupancy by persons or families of low or moderate
income and which qualifies for inclusion on the Subsidized Housing
Inventory.
The amount of illumination (measured by footcandles) given
off by a luminaire after being adjusted for light loss factors.
All parts of the plant Cannabis sativa L., 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. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil,
or cake made from the seeds of the plant, or any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, except
the resin extracted therefrom, fiber, oil, or cake or the sterilized
seed of the plant which is incapable of germination. The term also
includes marijuana-infused products except where the context clearly
indicates otherwise.
[Added 4-29-2014 ATM
by Art. 15]
Marijuana that is designated and restricted for use by, and
for the benefit of, qualifying patients in the treatment of debilitating
medical conditions as set forth in the Citizens Initiative Petition
No. 11-11 (Question No. 3 on the November 2012 state ballot).
[Added 4-29-2014 ATM
by Art. 15]
The Marshfield Housing Authority or its successors.
The Marshfield Housing Partnership or its successors, or
in the event the Marshfield Housing Partnership or its successors
should no longer exist, an advisory group established and appointed
by the Board of Selectmen with the responsibility for encouraging
low- and moderate-income housing which has been recognized as a local
housing partnership by the Massachusetts Housing Partnership Fund
(or which has been recognized, certified or otherwise approved as
may at the applicable time be required by applicable regulations of
DHCD).
The Massachusetts Architectural Access Board or its successors.
The seasonal high level of the groundwater table. This level
shall be the same as the maximum groundwater elevation defined and
determined in 310 CMR 15.00 (Title 5, State Environmental Code).
A "medical marijuana facility" shall mean a not-for-profit
entity, as defined by Massachusetts law, registered under this law,
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to qualifying patients or their personal caregivers. These
facilities shall be located inside a structure or building.
[Added 4-29-2014 ATM
by Art. 15]
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.
Massachusetts General Laws.
A small-scale business located in a building where the primary
use is for a restaurant, retail or tasting room and which specializes
in producing a maximum of 15,000 barrels (465,000 U.S. gallons) of
specialty beer, malt liquor, or ale annually and sold for consumption
either on or off premises.
[Added 4-27-2015 ATM
by Art. 14]
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
A member of any of the following groups of people:
ASIAN AMERICANA person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent or Pacific Islands, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Samoa, Thailand, and Vietnam;
BLACKA person with origins in any of the black racial groups of Africa;
HISPANICA person of Mexican, Puerto Rican, Cuban, Dominican, or Central or South American origin;
CAPE VERDEANSA person with origins in the Cape Verde Islands;
NORTH AMERICAN INDIANA person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment with origins in any of the original peoples of North America, with cultural identification through tribal affiliation.
A building that includes both commercial and residential (on the second and third floors) uses within a single building. Mixed-use buildings are allowed as specified in the § 305-5.04 Table of Use.
[Added 5-5-2014 ATM by
Art. 17; amended 10-18-2021 STM by Art. 17]
A zoning district where the location of more than one permitted
principal use in one building may be allowed by special permit. Mixed
use districts include the B-1 Planned Mixed Use Development and Brant
Rock Village Overlay districts.
[Amended 10-18-2021 STM by Art. 18]
Two or more allowed commercial or industrial uses in a specific
district to be combined into a plaza or building.
[Added 10-19-2020 STM
by Art. 15]
A wind energy conversion facility constructed by the Town.
The primary purpose of the municipal wind energy conversion facility
is to provide power for municipal uses or to sell electricity to wholesale
markets.
A collection of more than three dogs more than six months
old kept at, in, or adjoining a private residence for the hobby of
the householder in connection with hunting, tracking, exhibition in
dog shows, or field or obedience trials, provided the householder
does not regularly engage in the purchase and sale of dogs for profit.
Discharges from commercial and industrial facilities as specified
in the industry category list in 310 CMR 15.004(5).
[Amended 4-24-2017 ATM
by Art. 12]
Commercial and industrial facilities which treat or dispose
of wastewater on site and require a groundwater discharge permit per
310 CMR 5.00.
A facility which is operated or maintained in violation of
the Resource Conservation and Recovery Act (42 U.S.C. § 6901
et seq.), as amended, or the regulations and criteria promulgated
thereunder relative to solid waste disposal, pursuant to 310 CMR 19.006.
[Amended 4-24-2017 ATM
by Art. 12]
The space on a lot unoccupied by buildings, unobstructed
to the sky by man-made objects other than walks, swimming pools, and
terraced areas, not devoted to streets, driveways, or off-street parking
or loading spaces and expressed as a percentage of total lot area.
Outdoor artificial illuminating devices, installed or portable,
used for flood lighting, general illumination or advertisement of
commercial or industrial developments.
The duly authorized agent, attorney, purchasee, devisee,
trustee, lessee or any person having legal or equitable interest in
the use, structure or lot in question.
A solar photovoltaic facility that is structurally mounted
from the ground over a parking area. A parking lot mounted facility
may supply its electrical output both on-site and off-site.
[Added 10-15-2018 STM
by Art. 19]
An off-street space at least 10 feet in width and 18 feet
in length, having an area of not less than 180 square feet, plus 100
square feet of access and maneuvering space, whether inside or outside
a structure, for exclusive use as a parking stall for one motor vehicle.
Petroleum or petroleum by-product, including but not limited
to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation
gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with
other wastes; crude oils; or other liquid hydrocarbons regardless
of specific gravity. "Petroleum product" shall not include liquefied
petroleum gas, including, but not limited to, liquefied natural gas,
propane or butane.
A development involving the construction of two or more principal
buildings on the same lot for any permitted use.
The Marshfield Planning Board or its successors.
Suitable for drinking.
The principal home (domicile) occupied by all members of
a household.
Any accessory structure that contains water over 24 inches
in depth and which is used, or intended to be used, for swimming or
recreational bathing in connection with a principal use structure
and which is available only to the family and guests of the householder.
This includes in-ground, aboveground and on-ground swimming pools,
hot tubs and spas.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas include DEP approved Zone I, Zone II,
or Zone III areas.
A person or entity licensed consistent with MGL c. 94G to
purchase and deliver marijuana and marijuana products from marijuana
establishments and to deliver, sell or otherwise transfer marijuana
and marijuana products to marijuana establishments and to consumers.
This includes marijuana cultivator, craft marijuana cultivator cooperative,
retailer, product manufacturer, independent testing laboratory, micro
business, and third-party transporter.
[Added 4-23-2018 ATM
by Art. 16; amended 10-15-2018 STM by Art. 18]
A method (in combination with the refractor) of controlling
the distribution of light on the surface.
Has the meaning set forth in 760 CMR 56.00 et seq. or successor
regulations.
[Amended 4-24-2017 ATM
by Art. 12]
Any office and/or laboratory engaged exclusively in the pursuit
of scientific research and development, including the research and
development of manufactured, processed or compounded products, and
classified as either Biosafety Level 1 or 2.
[Added 10-27-2014 STM
by Art. 16]
Biosafety Level 1. Biosafety Level 1 is suitable for work involving
well-characterized agents not known to consistently cause disease
in immunocompetent adult humans, and present minimal potential hazard
to laboratory personnel and the environment. BSL-1 laboratories are
not necessarily separated from the general traffic patterns in the
building. Work is typically conducted on open bench tops using standard
microbiological practices. Special containment equipment or facility
design is not required, but may be used as determined by appropriate
risk assessment. Laboratory personnel must have specific training
in the procedures conducted in the laboratory and must be supervised
by a scientist with training in microbiology or a related science.
Biosafety Level 2. Biosafety Level 2 builds upon BSL-1. BSL-2
is suitable for work involving agents that pose moderate hazards to
personnel and the environment. It differs from BSL-1 in that:
Laboratory personnel have specific training in handling pathogenic
agents and are supervised by scientists competent in handling infectious
agents and associated procedures;
Access to the laboratory is restricted when work is being conducted;
and
All procedures in which infectious aerosols or splashes may
be created are conducted in BSCs or other physical containment equipment.
An accessory apartment in an owner-occupied dwelling is a
second dwelling unit located within a single-family home. Such accessory
apartment shall be subordinate in size to the principal dwelling unit
in a manner that maintains the appearance of the structure as a detached
single-family home.
A structure in the RB Zone consisting of business uses on
the ground floor with a single accessory residential unit within the
structure, with sufficient on-site parking for both uses.
The surface of a horizontal roof; the highest horizontal
line of a sloped roof. An ornamental roof structure not enclosing
occupied space within a building shall not be used in the determination
of the roofline of a building. A roof covering less than 25% of the
building area shall not be used in the determination of the roofline
of a building.
A solar photovoltaic facility that is structurally mounted
on a roof and is designed primarily to supply its electrical output
on-site.
[Added 10-15-2018 STM
by Art. 19]
See "lodging house," above.
Facility, place or site for disposal of solid waste on land
in accordance with all federal, state, and local regulations and requirements,
including but not limited to rubbish, garbage, refuse, demolition
waste, stumps, special waste such as pathogenic or infectious wastes,
explosive materials, high- and low-level radioactive waste, chemical
waste, asbestos, and other materials of a toxic or hazardous nature
or materials requiring special handling procedures for disposal.
The liquid, solid, and semi-solid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
Septage does not include any material that is a hazardous waste as
defined by 310 CMR 30.000.
Facilities which dispose of wastewater effluent into the
ground or waters of the Town. This shall include the construction
of facilities serving commercial, industrial, multifamily residential
and multiple lot residential developments. This shall exclude individual
residential septic systems and the replacement of existing systems.
Any permanent or temporary structure, device, letter, word,
model, banner, pennant, insignia, trade flag, or representation used
as, or which is in the nature of, an advertisement, announcement,
or direction or is designed to attract the eye by any means including
intermittent or repeated motion or illumination.
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.
Any sign advertising products or services other than products
or services available on the lot on which the sign is located, or
any sign which is not located within 200 feet of the building or other
structure at which the products or services advertised thereon are
available.
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.
A sign affixed to the exterior wall of a building and extending
not more than 15 inches therefrom. A sign attached to a roof (or ornamental
roof) with a roof slope (vertical dimension divided by horizontal
dimension) of not less than 3:1 shall be considered to be a wall sign.
One or more persons living together and sharing in common
all of one or more rooms which contain sleeping, sanitary and cooking
facilities.
The solid, semi-solid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment. Sludge
does not include grit, screening, or grease and oil which are removed
at the head-works of a facility.
A device that is mounted on the ground, supported by a monopole-type
tower, that converts kinetic wind energy into rotational energy, which
drives an electrical generator. Small-scale ground-mounted WECF are
not intended for commercial sale of electricity. Energy generated
from a small-scale ground-mounted WECF is primarily for the principal
use structure on the same property. Any surplus electricity not used
on the property can be sold back to the electric utility. Small-scale
ground-mounted wind energy conversion facilities are accessory uses
and are limited in height to a maximum of 150 feet above the existing
ground elevation.
A device, structure, or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
[Added 10-15-2018 STM
by Art. 19]
Discarded solid material with insufficient liquid content
to be free flowing. This includes but is not limited to rubbish, garbage,
scrap materials, junk, refuse, inert fill material and landscape refuse.
The special permit granting authority shall be the Board
of Appeals as designated by the Zoning Bylaw for the issuance of special
permits and site plan approval for the construction and operation
of all wind energy conversion facilities.
That part of a building comprised between a floor and the
floor or roof next above. If a mezzanine floor area exceeds 1/3 of
the area of the floor immediately below, it shall be deemed to be
a story. A basement shall be classified as a story when its ceiling
is six or more feet above the average finished grade.
A story under a gable, hipped, or gambrel roof, the floor
area of which does not exceed 2/3 of the floor immediately below when
measured where the vertical distance between the floor and ceiling
is four feet or more.
A way, over 24 feet in right-of-way width, which:
Is a public way laid out by a governmental entity or public
authority pursuant to Massachusetts General Laws or is shown as a
public way on an official map adopted by the Town pursuant to MGL
c. 41, § 81E, or has been accepted by the Town as a public
way; or
Is shown on a plan approved and endorsed in accordance with
the Subdivision Rules and Regulations of Marshfield[6] and MGL c. 41, §§ 81K to 81GG; or
Has, 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 the land abutting
thereon or served thereby, and for the installation of municipal services
to serve such land and buildings erected or to be erected thereon.
The line between a street and an adjoining piece of property
defines the limits of the street.
A combination of materials assembled at a fixed location
to give support or shelter, including, but not limited to, a building,
bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent,
stadium, reviewing stand, platform, bin, fence, sign, flagpole, windmill,
solar devices or the like.
A walled and roofed building or mobile home that is principally
above ground, and includes gas or liquid storage tanks.
A structure lawfully existing at the effective date of this
bylaw, or any subsequent amendment thereto, which does not conform
to one or more provisions of this bylaw.
A subdivision as defined in the State Subdivision Control
Law, MGL c. 41, §§ 81K to 81GG, as amended.
The list compiled by DHCD containing the count of low- and
moderate-income housing units in the Town.
Housing units qualifying for the Subsidized Housing Inventory
including local action units.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Such evidence as a reasonable mind might accept as adequate
to support a conclusion.
Any reconstruction, rehabilitation, repair, addition or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
The period of time that the unit shall remain affordable
is in perpetuity.
The point at which all light rays are completely shielded.
The Town of Marshfield, Massachusetts.
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose a significant, actual or potential hazard
to water supplies and to human health, if such substance or mixture
were discharged to land or waters of this Town. Toxic or hazardous
materials include, without limitation, synthetic organic chemicals,
petroleum products, heavy metals, radioactive materials, virulent
infectious wastes, pesticides, herbicides, acids and alkalis, solvents,
thinners and all substances defined as hazardous or toxic under MGL
c. 21C and c. 21E and 310 CMR 30.00 and other materials which are
listed as U.S. Environmental Protection Agency priority pollutants.
[Amended 4-24-2017 ATM
by Art. 12]
Any land area not defined under the terms of MGL c. 131 or Chapter 294, Wetlands Protection, of the Town of Marshfield Bylaws or regulations issued thereunder as "wetland."
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 or in the same structure as the principal use. No use may be considered an accessory use unless it is listed in § 305-5.04 of this bylaw as an accessory use, and any such use shall not exceed 40% of the total area of the structure(s) and/or lot in which such use is located.
A use lawfully existing at the time of adoption by this bylaw
or any subsequent amendment thereto which does not conform to one
or more provisions of this bylaw.
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 bylaw. 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 shall be considered an accessory
use. Only one principal use shall be allowed for each structure or
lot except where permitted within a mixed-use district. If more than
one use is made of a structure or the lot and where it is not clear
which use is the principal use, the Building Commissioner/Zoning Enforcement
Officer shall designate one such use as the principal use.
[Amended 4-24-2017 ATM
by Art. 12]
A deed restriction or other legal instrument approved by the
DHCD and recorded with the relevant registry of deeds or land court
registry district which effectively restricts occupancy of a low-
and moderate-income housing unit to households of low or moderate
income during the term of affordability.
For homeownership units the model deed rider specified in the
LIP Guidelines shall be used as the use restriction.
All references in this bylaw to federal or state regulations
shall include any amendments to such regulations, any successor regulations,
and any guidelines issued pursuant to any such regulations, as amended
from time to time, whether or not expressly so stated.
All references to dwelling units or units (when the reference
is to units of housing) in this bylaw shall include assisted living
units or living units within facilities providing continuing care
as defined in MGL c. 93, § 76, as amended, whether or not
explicitly so stated.
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.
A device that is mounted on a monopole structure that converts
kinetic wind energy into rotational energy that drives an electrical
generator. Utility-scale wind energy conversion facilities are for
commercial electricity production, where the primary use of the facility
is electricity generation to be sold to the wholesale electricity
markets.
Such departure from the terms of this bylaw as the Board, upon appeal in specific cases, is empowered to authorize under the terms of Article X.
Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous
waste or waste oil, but not including any acutely hazardous waste
as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations,
retail outlets, and marinas which is sheltered and has adequate protection
to contain a spill, seepage, or discharge of petroleum waste products
in accordance with MGL c. 21, § 52A.
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. Wind energy conversion
facilities include 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.
A temporary tower equipped with devices to measure wind speeds
and direction, used to predict the amount of electricity a site can
be expected to generate through wind energy production.
An antenna, satellite dish, or other communications device
for commercial or public safety communications purposes located on
an existing or proposed communications tower or nonresidential structure.
This definition shall not apply to private residential facilities
or noncommercial facilities used by an individual business.
A portion of a lot, upon which the principal building is
situated, unobstructed artificially from the ground to the sky, except
as otherwise provided herein, and having at least two sides open to
lot lines.
A yard extending for the full width of the lot from a street
line to the nearest point of a building.
A yard, unoccupied except by an accessory structure or accessory
use as herein permitted, extending for the full width of the lot between
the rear line of the building wall and the rear lot line.
Yard extended for the full length of a building between the
nearest building wall and the side lot line.
A residential site plan, drawn to an engineering scale, which
shows the layout of streets, drainage areas, and the maximum number
of lots that can be obtained on the proposed development site by applying
the minimum lot dimensional requirements and other applicable provisions
of this zoning bylaw for the zoning district in which the property
is located. A yield plan approved by the Planning Board shall establish
the base density of the subject property, or take any other action
relative thereto.
[Added 10-18-2021 STM by Art. 25]
The DEP approved area of an aquifer which would contribute
water to a public water supply well if such a well were pumped continuously
for a period of 180 days at its maximum safe yield without any natural
recharge to the aquifer occurring, as defined in 310 CMR 22.00.
[2]
Editor's Note: The Table of Use Regulations is included as
an attachment to this bylaw.
[3]
Editor's Note: The former definition of "dwelling, mixed-use,"
added 10-27-2014 STM by Art. 16,
which immediately followed, was repealed 10-18-2021 STM by Art. 17.
[4]
Editor's Note: The definition of "hazardous material" which
immediately followed this definition was deleted 4-24-2017 ATM by
Art. 12. See the definition of "toxic or hazardous material."
[5]
Editor's Note: The definition of "height" which immediately
followed this definition was deleted 4-24-2017 ATM by Art. 12. See
the definition of "building height."
