Certain words in this Bylaw are defined for the purposes thereof
as follows:
ANIMAL FEEDLOT
Is a plot of land on which 25 livestock or more per acre
are kept for the purposes of feeding.
AQUIFER
Is a geologic formation composed of rock or sand and gravel
that contains significant amounts of potentially producible potable
water.
AREA OF A BUILDING
Is the exterior horizontal projected area of a building including
enclosed porches, cornices, steps, terraces and open porches.
AREA OF INFLUENCE
Is the area which experiences drawdown by a pumping well
as plotted on a two-dimensional (map) surface, usually ellipsoidal
in shape.
AUTOMOBILE REPAIR SHOP
Is a repair shop for automobiles where power driven machinery
is used, or electric or acetylene gas welding or cleaning by explosive
spray and/or similar activities of an objectionable and hazardous
nature.
BASE FLOOD LEVEL
Is the elevation of floodwaters having a one-percent or greater
chance of being equaled or exceeded in any given year.
COMMERCIAL KENNEL
Is a kennel maintained as a business for boarding and caring
for dogs, or for breeding four or more litters for sale per year.
COMPACT CAR
Is an automobile with a width no greater than 68 inches and
a length no greater than 186 inches.
CONE-OF-DEPRESSION
Is a three-dimensional conical concavity produced in a water
table by a pumping well.
DEPTH OF A LOT
Is the mean distance from a street line of the lot to its
opposite rear line, measured in the mean general direction of the
side lines of the lot. The "width" of a lot is its mean width measured
at right angles to its depth.
DEVELOPMENT
Means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
EXEMPT ACCESSORY USE
Is a use accessory to an exempt institution provided further
that:
(1)
It is on the same parcel as the principal use to which it is
accessory or, if not on the same parcel, it is a use which, considered
by itself, meets the definition given in this section: "exempt institution";
(2)
It is a use not customarily conducted as a gainful service or
business unless it is so designed and operated as to limit patronage
to persons currently enrolled in or employed by the exempt institution
to which it is accessory and unless it is on the same parcel as said
institution;
(3)
It is a use not customarily employing more than four persons
not enrolled in or employed by the exempt institution.
EXEMPT INSTITUTION
Is any religious or non-profit educational use regulated
by MGL Chapter 40A, Section 3.
FLOOD INSURANCE RATE MAP
Is an official map prepared by the Federal Flood Insurance
Administration delineating both special flood hazard areas and risk
premium zones.
FLOOD-PRONE LAND
Means any land area susceptible to being inundated by water
from any source.
FLOODPROOFING
Means any combination of structural and non-structural alterations
to property which minimize or eliminate flood damage.
FRONTAGE
For the purposes of these Zoning By-Laws, is defined as the
continuous boundary between a lot and an abutting street, such boundary
being located between lot lines or, in the case of a corner lot, between
a lot line and the intersection of street lines extended. In the case
of a lot abutting on more than one street, such lot shall be required
to have the applicable minimum frontage on only one such street.
GAME COURT
Is any specially prepared play area whose surface, topography,
size, shape and configuration is associated with recreational games,
such as basketball, volleyball, badminton, tennis, horseshoes and
archery. Such term shall not include golf courses or walking and jogging
trails.
GROUNDWATER
Is all the water found beneath the surface of the ground.
In this by-law the term refers to the slowly moving subsurface water
present in aquifers and recharge areas.
HABITABLE FLOOR
Means any floor usable for living purposes, which includes
working, sleeping, eating, cooking, recreation, or a combination thereof.
A floor used only for storage purposes is not a "habitable floor."
HEIGHT OF BUILDINGS
Is the vertical distance from the average grade of the ground
adjoining the foundation, excluding appurtenances which pertain to
the building, such as, air conditioners, solar paraphernalia, and
the like.
IMPERVIOUS SURFACE
Is material on the ground that does not allow surface water
to penetrate into the soil.
LEACHABLE WASTES
With reference to Article
28, are waste materials including solid wastes, sludge and agricultural wastes that are capable of releasing water borne contaminants to the surrounding environment.
LOT
Is any lot or plot occupied by one building and its accessory
buildings and uses and including such open spaces as are required
by these By-Laws. Lot includes "plot" or "tract".
MEAN SEA LEVEL
Means the average height of the sea for all stages of the
tide.
MINING OF LAND
With reference to Article
28, is the removal of geologic materials such as topsoil, mud and gravel, metallic ores, or bedrock to be crushed or used as building stone.
MOBILE HOME
Is a vehicle or vehicular attachment, commonly known as a
trailer which is designed for sleeping or living quarters for one
or more persons, with or without utilities, flush toilets, or bath
facilities and is utilized as a residence.
MOBILE HOME PARK
Is any lot, tract or parcel of land used or intended to be
occupied by two or more mobile homes for a period of over three weeks
in any calendar year.
OCCUPIED
Includes "designed or intended to be occupied".
OVERBURDEN
Are those unconsolidated geologic deposits lying above the
bedrock surface.
PARKING FACILITY or PARKING AREA
As referred to in Article
24 and used interchangeably, shall mean all area devoted to or available for use by motor vehicles. This shall include but is not limited to: parking stalls, access aisles, loading areas, vehicle storage areas, or any paved areas accessible to motor vehicles.
PARKING SPACE or STALL
Is an open or enclosed space at least 171 square feet (19
feet by nine feet), exclusive of drives and maneuvering space, located
on the lot it serves and with direct access either to a street or
to a driveway leading to a street.
RECHARGE AREAS
Are areas composed of permeable, porous materials that collect
precipitation or surface water and transmit it to aquifers.
RECREATIONAL VEHICLE
Is a vehicle or vehicular attachment which is designed for
sleeping or living quarters for one or more persons, with or without
utilities, flush toilets, or bath facilities, is used for recreational
purposes, is not a residence and includes among other terms, a travel
trailer, a pick-up camper, a tent trailer, a beach buggy and a motor
home.
REGULATORY FLOODWAY
Means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height.
RETAIL GROUP
Is a complex of three or more commercial establishments,
primarily retail in nature, located on one lot or contiguous lots
and arranged and designed as a unit.
RIVERINE
Means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
SANITARY WASTE
With reference to Article
28, are waste waters arising from ordinary domestic water use as from toilets, sinks and bathing facilities, etc. and containing such concentrations and types of pollutants as to be considered normal wastes.
SATURATED THICKNESS
Is the depth of permeable soil actually saturated with water
to the capacity of the soil to contain water under normal conditions
of temperature and pressure.
SIGN
Is any display of lettering, logos, pictorial matter, objects,
colors, lights or illuminated tubes, or the application or attachment
of the same to any device, surface, structure, boundary wall or fence,
that is visible to the public and either conveys a message to the
public or is intended to advertise, announce, provide an invitation
regarding, or direct or draw attention to, whether directly or indirectly,
a use that is conducted on the premises. A sign shall be measured
so as to include the entire surface area of the sign as defined above
including the area contained within any border or frame that draws
attention to the sign. This definition exempts governmental directional
and traffic control signs, governmental legal notices and any displays
of merchandise on the interior of windows. This definition also exempts
private directional and traffic control signs that are not used to
advertise, announce, provide an invitation regarding, or direct or
draw attention to, whether directly or indirectly, a commercial use
that is conducted on the premises. This definition also exempts flags
and insignias that are not used to advertise, announce, provide an
invitation regarding, or direct or draw attention to, whether directly
or indirectly, a commercial use that is conducted on the premises.
SLUDGE
With reference to Article
28, is residual material produced by water and sewage treatment processes and domestic septic tanks.
SOLID WASTES
With reference to Article
28, are any discarded solid material, putrescible or nonputrescible, consisting of all combustible and non-combustible solid material including, but not limited to, garbage and rubbish.
SPECIAL PERMIT
Is that defined by MGL Chapter 40A, Section 9. Unless otherwise
noted, the following shall apply: all special permits shall lapse
unless substantial use or construction has commenced within two years.
The Special Permit Granting Authority shall make related rules and
regulations.
STORY
Is that part of a building between the top of a finished
floor or roof next above.
STREET LINE
Is the dividing line between a street and a lot.
STRUCTURE
(1)
Means, for Flood Plain Management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a mobile home.
(2)
With reference to Article
28, are anything constructed or erected, except a boundary wall or fence, the use of which requires location on the ground or attachment to something on the ground. For the purposes of this ordinance, buildings are structures.
SUBSTANTIAL IMPROVEMENT
Means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started, or if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition a "Substantial Improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions or
(2)
Any alterations of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
TRAILER
Is a vehicle without motive power, designed to be towed by
a passenger automobile or other powered vehicle of similar size but
not designed and intended for human occupancy, such as: utility trailers,
boat trailers and horse trailers.
USED
Includes "designed or intended to be used".
VETERINARY HOSPITAL
Is a hospital used solely for the medical and surgical treatment
of animals under the care of a veterinarian.