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, the plural the
singular; the words "used" or "occupied" include the words "designed,"
"arranged," "intended," or "offered" to be used or occupied; the words
"building," "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 shall have the meanings given therein unless
a contrary intention clearly appears. Words not defined in either
place shall have the meaning given in a dictionary in current circulation.
Uses listed in the Table of Use Regulations[1] under classes Retail and Service Trades and Wholesale
Trade and Manufacturing shall be further defined by the Standard Industrial
Classification Manual published by the United States Bureau of the
Census.
The visible or otherwise apparent intention of an owner to
discontinue a nonconforming use of a building or premises; or the
removal of the characteristic equipment or furnishing used in the
performance of 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.
Shall include and be defined as follows:
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ADULT BOOKSTORE — An establishment having as a substantial
or significant portion of its stock in trade printed matter, books,
magazines, picture periodicals, motion picture films, electronic media,
or coin operated motion picture machines for sale, barter or rental
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "sexual conduct" as that term
is defined in MGL c. 272, § 31, "sexual devices" or an establishment
having for sale sexual devices which shall mean any artificial human
penis, vagina or anus or other device primarily designed, promoted
or marketed to physically stimulate or manipulate the human genitals,
pubic area or anal area, including: dildos, penisators, vibrators,
penis rings, erection enlargement or prolonging creams or other preparations
or an establishment with a segment or section devoted to the sale
or display of such materials.
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ADULT MOTION PICTURE THEATER — An enclosed building with
a capacity of 50 or more persons used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to "sexual conduct" as defined in MGL c. 272, § 31,
for observation by patrons therein.
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ADULT MINI MOTION PICTURE THEATER — An enclosed building
with a capacity for less than 50 persons used for presenting material
distinguished or characterized by emphasis on matter depicting, describing
or relating to "sexual conduct" as defined in MGL c. 272, § 31
(as defined below), for observation by patrons therein.
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ADULT LIVE ENTERTAINMENT ESTABLISHMENTS — Establishments
which feature live entertainment which consists of entertainers engaging
in "sexual conduct" or "nudity" as defined in MGL c. 272, § 31.
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MASSAGE SERVICE ESTABLISHMENTS — "Massage" shall mean
any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating, or stimulating of external
parts of the human body with the hands or with the aid of any mechanical
or electric apparatus or appliances, with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointment or other such similar preparations commonly used
in the practice of massage under such circumstances that it is reasonably
expected that the person to whom the service is provided, or some
third person on his or her behalf, will pay money or give any other
consideration or any gratuity therefor. The practice of massage as
adult entertainment shall not include the following individuals while
engaged in the personal performance of duties or their respective
professions:
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Physicians, surgeons, chiropractors, osteopaths, or physical
therapists or massage therapists who are duly licensed to practice
their respective professions in the Commonwealth of Massachusetts.
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Nurses who are registered under the laws of the Commonwealth
of Massachusetts.
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Barbers and beauticians who are duly licensed under the laws
of the Commonwealth of Massachusetts, except that this exclusion shall
apply solely to the massage of the neck, face, scalp and hair of the
customer or client for cosmetic or beautifying purposes.
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Any construction, reconstruction, or other action resulting
in a change in the structural parts or height, number of stories or
exits, size, use or location of a building or other structure.
As defined by the State Building Code.
Any area in a dwelling unit with a door and a closet and
at least 80 square feet which is or could be used for the provisions
of private sleeping accommodations for residents of the premises,
whether such area is designated as a bedroom, guestroom, maid's room,
dressing room, den, study, library, or by another name. Any room intended
for regular use by all occupants of the dwelling unit such as living
room, dining room, or kitchen shall not be considered a bedroom, nor
shall bathrooms, halls or closets having no horizontal dimensions
over six feet.
The Zoning Board of Appeals of the Town of Stoughton, Massachusetts.
A combination of any materials, whether portable or fixed,
having a roof, and enclosed within exterior walls or firewalls, 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.
The aggregate of the maximum horizontal cross-section area
of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys,
unenclosed porches, bay windows, balconies, and terraces, expressed
as a percentage of total lot area.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located; except in the case of a rear lot, the
building line shall be that line to the rear of the rear property
line of the front lot, and it shall not be less than the depth of
the required front yard for the zoning district in which the lot is
located.
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.
A building having any portion of one or more walls in common
with adjoining buildings.
A building having open space on all sides.
A building in which is conducted the principal use of the
lot on which it is located.
A building which has one party wall in common with an adjacent
building.
A business establishment which does not offer a product or
merchandise for sale to the public but offers a professional service
to the public. However, personal services, such as barber and beauty
shops, and repair shops, such as radio, television, and automotive,
are not to be included in the definition of business offices.
A folding structure, mounted on wheels and designed for travel,
creation, and vacation use.
A child care center as that term is defined in MGL c. 15D,
§ 1A.
Land in a subdivision not required for lots which shall be
set aside for recreation, park purposes, or retained as natural woodland,
accessible from all sections of the development, designed and intended
for the use and enjoyment of the residents within the subdivision
or community.
Premises owned and operated by a governmental or chartered
nonprofit organization, but not including fraternal, sports, or similar
membership organizations. A community facility shall include a multifamily
senior housing ("MFSH") use, provided the property at which the MFSH
use is conducted shall be owned and operated by Town, including the
Stoughton Housing Authority, and provided the Board of Selectmen voted
to approve the use of the property for an MFSH use by majority vote
before the use commences and provided that residency within the MFSH
use shall be restricted to persons 60 years of age or older and low
income handicapped persons who otherwise meet the eligibility criteria
as provided in MGL c. 121B and the regulations promulgated thereunder
and provided that preferences to Stoughton residents and veterans
may be afforded; further provided, however, that the MFSH use shall
be developed, permitted, rented and operated in a manner so that all
of the units shall be eligible for inclusion in the Town's subsidized
housing inventory as maintained by the Department of Housing and Community
Development. An MFSH use conducted by the Town, including by the Stoughton
Housing Authority, may be combined with municipal office uses, provided
that said office uses are owned and operated by the Town, including
the Stoughton Housing Authority.
An open space on a lot or in a garage used for parking motor
vehicles, the dimensions of which are not less than eight feet wide
by 18 feet long and to which there is an access from a street, plus
not less than 81 square feet of access and maneuvering space, whether
inside or outside a structure, for exclusive use as a parking stall
for one motor vehicle, and further being surfaced with a bituminous
or cement concrete pavement.
A zoning district as established by Section 2.0 of this bylaw.
A storage bin or cube for the deposit of used clothing, books,
or other goods intended for distribution by charitable entities.
A business establishment that includes service that is provided
from a drive-up or drive-through window or other similar arrangement
that allows the service of a patron while the patron remains in a
vehicle, whether parked or live parked. The term shall include eating
establishments and service establishments such as banks, dry cleaners,
pharmacies, photo shops and the like and automotive service stations
and gasoline stations and the like.
A paved or unpaved area located on a lot built for access
to a garage, or off-street parking or loading space.
A privately or publicly owned permanent structure containing
a dwelling unit or dwelling units. The term "dwelling" shall not include
hotel, lodging house, hospital, membership club, trailer or dormitory.
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DWELLING, SINGLE-FAMILY — A detached building containing
one dwelling unit.
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DWELLING, TWO-FAMILY — A detached building containing
two dwelling units. Only one such building shall be developed on any
one lot.
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DWELLING, MULTIFAMILY — A detached building containing
three or more dwelling units.
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DWELLING UNIT — 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.
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A facility equipped with a compatible cable such as J-1772,
for the recharging of the batteries of motor vehicles.
Services provided by public utility or governmental agencies
through erection, construction, alteration, or maintenance of underground
or overhead gas, electrical, steam, or water transmission or distribution
systems and collection, communication, supply, or disposal systems,
excluding power plants or transfer stations. Facilities necessary
for the provisions 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 and general welfare.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit,
provided that a group of five or more persons not related by blood
or marriage shall not be deemed to constitute a family.
An accessory use as defined in MGL c. 15D, § 1A.
An accessory use as defined in MGL c. 15D, § 1A.
Food which is (a) primarily intended for immediate consumption;
(b) available upon a short waiting time; (c) packaged or presented
in such a manner that it can be readily eaten outside the premises
where it is sold; (d) served on disposables or in paper containers,
consumed with plastic utensils; and (e) of a self-service nature,
that is, no waitresses or waiters are involved. Patrons place their
order at a counter or remotely and take it to a table on the premises
or leave the premises.
An establishment whose primary business is the sale of fast
order food for consumption on or off the premises.
The following terms shall have the following definitions
for the purposes of Section 7.1:
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AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME —
Affordable to households or persons in the area under the applicable
guidelines of the Commonwealth's Department of Housing and Community
Development earning less than 50% of the median income, adjusted for
household size.
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AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME
— Affordable to households or persons in the area under the
applicable guidelines of the Commonwealth's Department of Housing
and Community Development earning more than 50% but less than 80%
of the median income, adjusted for household size.
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CONTIGUOUS OPEN SPACE — Open space suitable, in the opinion
of the Planning Board, for the purposes set forth in Section 7.1.
Such open space may be separated by the road(s) constructed within
the flexible development. Contiguous open space shall not include
required yards.
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In the FPOD, Section 9.7, the following definitions shall
apply:
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AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain
within a community subject to a one-percent or greater chance of flooding
in any given year. The area may be designated as Zone A, AO, AH, A1-30,
AE, A99, V1-30, VE, or V.
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BASE FLOOD — The flood having a one-percent chance of
being equaled or exceeded in any given year.
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DEVELOPMENT — 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.
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DISTRICT — The Floodplain Overlay District.
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The agency
administering the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
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FLOOD INSURANCE RATE MAP (FIRM) — An official map of a
community on which FEMA has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
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FLOOD INSURANCE STUDY (FIS) — An examination, evaluation,
and determination of flood hazards, and, if appropriate, corresponding
water surface elevations, or an examination, evaluation and determination
of flood-related erosion hazards.
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FLOODWAY — 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.
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LOWEST FLOOR — 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 nonelevation
design requirements of the NFIP Regulations (44 CFR 60.3).
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NEW CONSTRUCTION — For floodplain management purposes,
structures for which the "start of construction" commenced on or after
the effective date of a floodplain management regulation adopted by
a community. For the purposes of determining insurance rates, "new
construction" means structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later.
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ONE-HUNDRED-YEAR STORM — See "base flood."
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REGULATORY FLOODWAY — See "floodway."
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SPECIAL FLOOD HAZARD AREA — An area having special flood
and/or flood-related erosion shown on an FHBM or FIRM as Zone A, AO,
A1-30, AE, A99, AH, V, VI-30, or VE.
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STRUCTURE — For floodplain management purposes, a walled
and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home. "Structure,"
for insurance coverage purposes, means a walled and roofed building,
other than a gas or liquid storage tank that is principally above
ground and affixed to a permanent site, as well as a manufactured
home on a foundation. For the latter purpose, the term includes a
building while in the course of construction, alteration, or repair,
but does not include building materials or supplies intended for use
in such construction, alteration, or repair, unless such materials
or supplies are within an enclosed building on the premises.
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SUBSTANTIAL DAMAGE — 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 damage occurred.
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SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure either (a) before the improvement
or repair is started, or (b) if the structure has been damaged and
is being restored, before the damage occurred. For the purposes of
this definition, "substantial improvement" is considered to occur
when the first alteration of any wall affects the external dimensions
of the structure.
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ZONE A — The one-hundred-year floodplain area where the
base flood elevation (BFE) has not been determined. To determine the
BFE, use the best available federal, state, local, or other data.
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ZONE AE (for new and revised maps) — The one-hundred-year
floodplain where the base flood elevation has been determined.
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ZONE X — Areas identified in the community Flood Insurance
Study as areas of moderate or minimal flood hazard. Zone X replaces
Zones B and C on new and revised maps.
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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.
Facility for the conducting of funerals and related activities
such as embalming.
Shop for lawn mower or small appliance repair, upholstery
or furniture repair, bicycle repair person, printer, blacksmith, builder,
carpenter, caterer, electrician, lawn mower service person, mason,
painter, plumber or roofer.
A structure and establishment for the growing of plants for
wholesale or retail sale, otherwise not exempt as an agricultural
use pursuant to MGL c. 40A, § 3.
The height of a building shall be measured as set forth in
the State Building Code.
A nonprofit corporation devoted to the preservation of historical
matters.
An accessory use which by custom has been carried on entirely
within a dwelling unit or a lawful accessory building.
A building providing twenty-four-hour in-patient services
for the diagnosis, medical and surgical treatment and care of human
ailments.
A building or any part of a building containing rooming units
without individual cooking facilities for transient occupancy and
having a common entrance or entrances, including an inn, motel, motor
inn and tourist court, but not including a boarding house, lodging
house, or rooming house.
An establishment or place of business which is maintained,
operated or used for storing, keeping, buying or selling junk, or
for the maintenance or operation of an automobile graveyard, and the
term shall include garbage dumps and sanitary landfills.
An off-street space used for loading or unloading not less
than 14 feet in width, 45 feet in length and 14 feet in height, and
containing not less than 1,300 square feet, including both access
and maneuvering area.
A lodging, boarding or rooming house, as defined in the State
Building Code.
One or more rooms for the use of one or more individuals
not living as a single housekeeping unit and not having cooking facilities.
A "lodging unit" shall include rooms in boarding houses, tourist houses,
or rooming houses.
An area or parcel of land or part thereof, not including
water area, in common ownership, designated on a plan filed with the
administrator of this bylaw by its owner or owners as a separate lot.
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LOT, CONTIGUOUS — A lot which physically abuts another
lot or lots under common ownership, or a lot which is physically separated
from another lot or lots under common ownership only by a street in
which the fee ownership is retained by the party owning the abutting
lots.
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LOT, CORNER — A lot at the point of intersection of and
abutting on two or more intersecting streets, the interior angle of
intersection of the street lot lines, or in case of a curved street,
extended lot lines, being not more than 135°.
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LOT DEPTH — The horizontal distance between the front
lot line and the rear lot line.
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LOT FRONTAGE — The horizontal distance measured along
the front lot line between the points of intersection of the side
lot lines with the front lot line.
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LOT LINE, FRONT — The property line dividing a lot from
a street (right-of-way). On a corner lot the owner shall designate
one street line as the front lot line.
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LOT LINE, REAR — The lot line opposite the front lot line.
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LOT LINE, SIDE — Any lot line not a front or rear lot
line.
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LOT, NONCONFORMING — 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.
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LOT, THROUGH — An interior lot, the front and rear lot
lines of which abut streets, or a corner lot, two opposite lines of
which abut streets.
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LOT, WIDTH — The horizontal distance between side lot
lines, as required by the Table of Dimensional and Density Regulations,[2] is to be measured at the minimum front yard depth (required
setback distance), at the minimum required lot depth, and at all intermediate
side line points.
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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.
A facility as defined in 105 CMR 145.020, including a mobile
clinic.
The following definitions shall apply in Section 9.5:
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MEDICAL MARIJUANA TREATMENT CENTER (MMTDF) — A not-for-profit
entity, as defined by Massachusetts law only, registered under the
state 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. No medical marijuana treatment center shall be located
within 500 feet of the property line of a property used for residential
dwelling, public or nonprofit school or public park or playground.
A special permit issued to a medical marijuana treatment center is
nontransferable and nonassignable. A medical marijuana treatment center
shall not be allowed as an accessory use to any other use.
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MARIJUANA FOR MEDICAL USE — Marijuana that is designated
and restricted for use by, and for the benefit of, qualifying patients
in the treatment of debilitating medical conditions.
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MARIJUANA CULTIVATION — The process of propagation, including
germination, using soil, hydroponics, or other mediums to generate
growth and maturity; the intended process of bringing a plant or other
grown product to maturity for harvesting, sale, refining or use as
an ingredient in further manufacturing or processing. This definition
encompasses marijuana cultivation related to medical marijuana treatment
centers, personal cultivation by qualifying patients or cultivation
by personal caregivers on behalf of qualifying patients.
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AGRICULTURAL — "Agricultural use" shall mean the science,
art and business of cultivating the soil, and raising livestock, useful
to man. "Agricultural" shall not include any uses or activities associated
with medical marijuana treatment and dispensing facilities or marijuana
cultivation.
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PERSONAL CAREGIVER — A person who is at least 21 years
old who has agreed to assist with a qualifying patient's medical use
of marijuana. Personal caregivers are prohibited from consuming marijuana
obtained for the personal, medical use of the qualifying patient.
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A social, sports, or fraternal association or organization,
which is used exclusively by members and their guests, which may contain
bar and/or eating facilities.
Any manufactured, transportable, year-round structure on
one or more chassis and containing a flush toilet, bath or shower,
and a kitchen sink; designed to be connected to a piped water supply,
sanitary sewage system and electric or gas service.
A building or group of buildings containing one or more guest
rooms with separate outside entrances for each room or suite of rooms
and for which room or suite of rooms automobile parking space is provided.
A facility at which, by contract, motor vehicles are made
available for rent for a period not longer than 24 hours.
A building or premises used for the dispensing, sales or
offering for sale of motor fuels directly to users of motor vehicles.
Other sales activities and any repairs shall be activities minor in
scope and clearly subordinate to the sale of motor fuels, oils and
lubricants. No drive-through facilities are permitted without further
zoning relief.
A building or use which is designed or intended to be used
for the storage, servicing, repair, maintenance, or cleaning of motor
vehicle equipment.
Premises for the sale of used or new motor vehicles, including
supplying of fuel, oil, lubrication, washing, or repair services,
but not to include body work or painting.
A residential rental use owned and operated by the Town,
including by the Stoughton Housing Authority, with three or more dwelling
units, which shall be restricted to occupancy by persons 60 years
of age or older and low income handicapped persons who otherwise meet
the eligibility criteria as provided in MGL c. 121B and the regulations
promulgated thereunder and which shall be permitted and operated only
as a community facility use and shall satisfy all requirements for
a community facility use.
An attached or semi-detached building or structure with continuous
or common walls containing three or more dwelling units.
A day or overnight camp operated by a not-for-profit entity.
A recreational facility operated by a not-for-profit entity.
Space or rooms used for professional, administrative, clerical,
and similar uses.
The space on a lot unoccupied by buildings, unobstructed
to the sky, not devoted to streets, driveways, or off-street parking
or loading spaces and expressed as a percentage of total lot area.
The duly authorized agent, attorney, purchaser, devisee,
trustee, lessee or any person having vested or equitable interest
in the use, structure or lot in question.
An open space or a garage, on a lot used for parking motor
vehicles, the dimensions of which are not less than nine feet wide
by 19 feet long and to which there is an access from a street, plus
not less than 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, and further being surfaced with a durable pavement.
A facility providing personal services such as hair salon,
barber shop, tanning beds, dry cleaning, print shop, photography studio,
personal fitness center, and the like.
One or more retail stores or commercial buildings of 20,000
square feet of gross floor area individually or in the aggregate or
more, or a shopping center, with a unified plan and/or architectural
scheme (as determined by the Zoning Board of Appeals in the special
permit), on a single parcel of land or on single parcels contiguously
arranged, and shall include, but shall not be limited to the following:
A department store, general merchandise store, or a food market
having a total gross floor area of at least 20,000 square feet of
gross floor area; and
One or more retail stores having a total gross floor area of
at least 20,000 square feet of gross floor area; or
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A single store containing a minimum of 175,000 square feet of
gross floor area in the aggregate, of which a minimum of 50,000 square
feet of gross floor area is devoted to retail sales of one or more
of the following: dry goods, apparel and accessories, furniture and
home furnishings, home equipment, hardware, or the like. Such store
may also contain other uses permitted in the district by right or
by special permit and such other, accessory, uses as the Zoning Board
of Appeals permits in the special permit for the planned business
development.
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Parking for the planned business development shall be permitted
as determined by the Zoning Board of Appeals in the special permit,
provided the minimum requirements of Section 8.4 are satisfied.
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See Section 8.4.
See Section 8.5.
See Section 4.5.
A development permitting single-family, two-family, and multifamily
dwelling units, community facilities and commercial facilities on
a single tract of land arranged in such a manner so that the number
of dwelling units and/or facilities on said tract of land is consistent
with the zoning in which the tract is located (namely, RU, RC, RB,
RA, and R-M) and further that the number of dwelling units and/or
facilities in all other zones (namely GB, HB, NB, I) shall be consistent
with R-M zoning.
A facility generating electricity for public or private use,
but not including any solar energy system.
The structure in which the principal use is engaged on the
locus.
An office for the conducting and operating of a profession.
For the purposes of this bylaw, professional occupations shall be
limited to the practice of accounting, insurance, real estate, medicine,
law, dentistry, architecture, planning and engineering.
The business or occupation of extracting stone from an open
excavation. Quarrying does not include the excavation and removal
of sand and gravel.
Recorded in the Norfolk District of Registry of Deeds or
registered in the Norfolk District Registry of Land Court.
Renewable and alternate energy companies, laboratory or research
establishments including biotechnology companies, but excluding laboratories
categorized as Level 4 by the National Institutes for Health.
[Amended 5-6-2019 ATM,
Art. 51]
A facility selling new or used goods to an end user but not
otherwise specifically listed in the Table of Use Regulations.[3]
A retail facility with more than 8,001 square feet of gross
floor area and less that 20,000 square feet of gross floor area.
A retail facility with less than 8,000 square feet of gross
floor area.
Any building or portion thereof which contains at least three,
nor more than nine, guest rooms which are designed for lodging, with
or without meals, and are provided for compensation.
As applied to all residential dwelling units, a room shall
be defined as a living room, kitchen, and/or bedrooms. A kitchenette
which does not include space for eating, and a dining area of which
one full wall opens into a living room shall be counted as 1/2 room
each. A bathroom shall not count as a room.
A school aged child care program as that term is defined
in MGL c. 15D, § 1A.
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 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.
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.
For a sign, either freestanding or attached, the area shall
be considered to include all lettering, wording, and accompanying
designs and symbols, together with background, whether open or enclosed,
on which they are displayed, but not including any supporting framework.
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.
The ratio of vertical rise over horizontal distance and is
expressed as a fraction or percentage; e.g., 1/5 or 20%.
For the purposes of Section 9.6, the following definitions
shall apply:
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AS-OF-RIGHT SITING — "As-of-right siting" shall mean that
the development may proceed without the need for a special permit,
variance, amendment, waiver, or other discretionary approval. As-of-right
development may be subject to site plan review to determine conformance
with local zoning ordinances or bylaws.
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LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION —
A solar photovoltaic system that is structurally mounted on the ground
and is not roof-mounted, and has a minimum nameplate capacity of 250
kW DC.
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ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic
installation that is constructed at a location where other uses of
the underlying property occur.
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RATED NAMEPLATE CAPACITY — The maximum rated output of
electric power production of the photovoltaic system in direct current
(DC).
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SITE PLAN REVIEW — Review by the Planning Board to determine
conformance with the Zoning Bylaw.
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SOLAR OVERLAY DISTRICT — The location designated will
be where ground-mounted large-scale solar photovoltaic installations
may be sited as-of-right. Said locations are delineated on the Solar
Power Overlay District Map shown as Map 104, Lot 003, and Map 89,
Lot 142.[4]
[Amended 5-6-2019 ATM,
Art. 46] | |
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SOLAR PHOTOVOLTAIC ARRAY — An arrangement of solar photovoltaic
panels.
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ZONING ENFORCEMENT AUTHORITY — The person or board charged
with enforcing the Zoning Bylaws.
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That part of a building as designated by the State Building
Code.
A story under a gable or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than two
feet above the floor of such story including a dormer or dormers whose
length does not exceed 50% of the perimeter of the story and whose
ridgeline is no higher than the rise of the structure of which is
part.
[Added 12-5-2016 STM,
Art. 12]
In the SCMUOD, Section 9.3, the following definitions shall
also apply:
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ARTIST STUDIO/RESIDENCE — A place of work and residence
of one or more persons who are engaged actively, and either gainfully
employed or as a vocation, in commercial graphic arts; fine arts,
including but not limited to painting, printmaking, sculpting, or
ceramics; art and document restoration; the performing and visual
arts, including but not limited to dance, choreography, photography
or filmmaking, or the composition, recording, practice or performance
of music. This definition does not include any use included in the
adult entertainment establishment in the Stoughton Zoning Bylaws,
as amended.
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MIXED USE DEVELOPMENT — A combination of residential and
nonresidential uses, as permitted within the SCMUOD, arranged vertically
(in multiple stories of buildings), or horizontally (adjacent to one
another in one or more buildings) within a lot.
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A way which is over 24 feet in right-of-way width which is
dedicated or devoted to public use by legal mapping or by any other
lawful procedure. A street includes all public ways, a way which the
Town Clerk certified is maintained and used as a public way, a way
shown on a plan approved and endorsed in accordance with the "Subdivision
Rules, Regulations, and Requirements, in Stoughton, Massachusetts"
and a way having, in the opinion of the Stoughton Planning Board,
sufficient width, suitable grades and adequate construction to provide
for the needs of vehicular traffic in relation to the proposed uses
of the land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the buildings erected
on or to be erected thereon.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, tank, tunnel, tent, stadium, reviewing
stand, platform, bin, fence, sign, flagpole, swimming pool, or the
like.
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 Town building shall include any building owned and operated
by the Town, including by the Stoughton Housing Authority, but shall
expressly exclude any residential use except a multifamily senior
housing use that is conducted as a community facility use as defined
hereunder, which use shall be allowed.
Any vehicle which is immediately portable, and is arranged,
intended, designed, or used for sleeping, eating, or temporary business
use in conjunction with construction, or is a place in which persons
may congregate, including a house trailer or camper.
A vehicular, portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation and/or vacation.
A facility for handling freight with or without maintenance
facilities.
The purpose for which a structure or lot is arranged, designed,
or intended to be used, occupied, or maintained.
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USE, ACCESSORY — 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 as the principal structure. Accessory
use by area shall be interpreted not to exceed 40% of the area of
the total use of the structure or lot on which it is located, but
this area limitation shall not be applicable either to: (i) accessory
off-street parking and loading spaces, whether or not in excess of
that required in Section VIII,[5] (ii) accessory filling of water, wet area or depression,
or (iii) accessory removal of gravel, sand, or other earth material
incidental to and in connection with the construction of a building
or a lot.
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USE, NONCONFORMING — A use lawfully existing at the time
of adoption of this bylaw or any subsequent amendment thereto, which
does not conform to one or more provisions of this bylaw.
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USE, PRINCIPAL — 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 and permitted under this bylaw shall be considered an accessory
use.
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USE, SUBSTANTIALLY DIFFERENT — A use which by reason of
its normal operation would cause readily observable differences in
patronage, service, sight, noise, employment or similar characteristics
from the use to which it is being compared.
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Such departure from the terms of this bylaw as the Board,
upon appeal in specific cases, is empowered to authorize under the
terms of Section 10.3.
A building used primarily for the storage of goods and materials,
for distribution, but not for sale on the premises.
Establishment providing individual storage units for long
or short term rental to persons or businesses.
The following definitions shall apply under Section 9.2.
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FLOOD HAZARD/WETLAND/WATERSHED MAPS OF THE TOWN OF STOUGHTON
— Those maps entitled, "Flood Hazard/Wetlands/Watershed Maps,
Town of Stoughton, Massachusetts, dated October 1976, revised December
3, 1976" (hereinafter "Official Maps") which have been prepared by
C.E. Maguire, Inc., and which consist of 101 individual maps drawn
to the scale of one inch equals 100 feet and an index sheet which
are incorporated as a part of this bylaw and the Federal Flood Insurance
Rate Map and Flood Boundary and Floodway Map, Town of Stoughton, Massachusetts,
Norfolk County Community Panel Numbers 250253 0001; 250253 0001B;
250253 0002; 250253 0002B; 250253 0004; and 250253 0004B; whichever
map being the more restrictive in any particular area shall govern
for that area and which shall be kept by the Building Inspector and
copies in the office of the Town Clerk of the Town of Stoughton and
shall be certified by the Town Clerk of the Town of Stoughton as being
true and complete copies of said wetlands maps as adopted by the Town
Meetings as the same may from time to time be amended or updated by
action of the Town Meeting through the process required by law for
the adoption of Zoning Bylaw changes. All references in this Wetlands
Protection Bylaw to "Wetlands Maps" shall be deemed to be referenced
to the "Official Maps" unless the context otherwise specifically requires.
(Adopted by action of Annual Town Meeting, April 26, 1982, Article
No. 48)
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INFORMATIONAL FLOOD HAZARD/WETLAND/WATERSHED MAP — For
the convenience of those persons who wish to obtain copies of a map
which, with reasonable accuracy, delineates the Flood Hazard, Wetland,
and Watershed Districts of the Town of Stoughton the Building Inspector
and the Town Engineer shall prepare and have available for inspection
and for copying (at the expense of the person requesting such copying)
a single map of the entire Town of Stoughton which shall be drawn
to a scale of one inch equals 600 feet and which shall indicate, with
as much accuracy as such scale will permit, all of the Flood Hazard,
Wetland and Watershed Districts indicated on the Official Maps. In
addition, the Building Inspector and the Town Engineer may prepare
for general circulation and for convenience of reference only such
other copies of the Official Maps and the Informational Map drawn
to such other scales, as they shall deem necessary or appropriate.
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WETLAND AREAS — "Wetland areas" are defined as all areas
in which the water table is seasonably at or near the surface of the
ground although such areas may not be entirely covered by standing
or flowing water during a one-hundred-year storm intending hereby
to include generally all rivers, creeks, streams, brooks, ponds, lakes,
and other waterways, and in addition all "bogs," "freshwater wetlands,"
"marshes," "swamps," and "wet meadows" as those terms are defined
by Chapter 818 of the Acts of 1974 of the Commonwealth of Massachusetts.
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FLOOD HAZARD AREAS — The "flood hazard areas" are defined
as all areas subject to inundation during a one-hundred-year storm.
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WATERSHED AREAS — "Watershed areas" are defined as all
areas in the Town of Stoughton which border and lie within 100 feet
of flood hazard areas, wetland areas, rivers, brooks, lakes, ponds
or stream systems.
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APPLICANT — An applicant shall be a prospective purchaser
who shall have signed a binding purchase and sales agreement for a
landowner's property or a landowner or the duly appointed agent or
representative of such landowner or prospective purchaser and who
shall have applied for a building or special permit, or a variance,
or who shall have taken any other action under or pertaining to this
Wetlands Protection Bylaw.
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WETLAND, FLOOD HAZARD AND WATERSHED DISTRICTS — The Wetland,
Flood Hazard, and Watershed Districts are designated on the Wetlands
Maps. These districts have been delineated after careful study and
represent as accurately as possible the wetland, flood hazard, and
watershed areas in the Town of Stoughton.
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EXCLUDING FLOOD HAZARD, WETLAND, AND WATERSHED DISTRICTS —
All Flood Hazard, Wetland, and Watershed Districts, designated on
the Official Maps, which meet the following size and configuration
specifications have been marked through with an "X." These Districts
are not subject to the provisions of this Wetlands Protection Bylaw
and may be used for any purpose permitted in the underlying zoning
district in which they are located. Such excluded districts are isolated
Flood Hazard and Wetland Districts which comprise an aggregate surface
area of 10,000 square feet or less computed by adding the total surface
areas of all such isolated Flood Hazard and Wetland Districts which
lie within a continuous Watershed District, and those isolated industrial
zoned Wetland Districts within a continuous Watershed District that
do not exceed an area of 4,500 square feet and are no closer than
100 feet to a Flood Hazard District or Wetland District. Notwithstanding
the foregoing, no Flood Hazard or Wetland District is excluded from
the provisions of this Wetlands Protection Bylaw if it is part of
a stream, creekbed, brook, river, or other waterway. Furthermore,
such excluded districts are still subject to any other federal, state
or local laws governing activities in flood hazard, wetland and watershed
areas.
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DRAINAGE REPORT — The term "drainage report" shall mean
the report entitled "Update of 1963 Report on Drainage Facilities
for Stoughton, Massachusetts, Section 1," dated October, 1976, as
amended through December 30, 1976, and as adopted by the Board of
Selectmen on April 12, 1977, and prepared by C.E. Maguire, Inc., Architects
and Engineers, which is incorporated as a part of this bylaw. The
master copy of the drainage report shall be kept by the Building Inspector
and shall be certified by the Town Clerk as being a true and complete
copy as adopted by the Town Meeting. Any changes or updates to such
drainage report shall be incorporated into this Wetlands Protection
Bylaw only through the process required by law for adoption of Zoning
Bylaw changes.
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ENGINEERING PRESUMPTION — The term "engineering presumption"
shall mean that there shall be a strong presumption that the formulae,
assumption, constants, theories and engineering approaches incorporated
directly or by reference in the drainage report, including, without
limiting the generality of the foregoing, the assumptions pertaining
to the intensities and durations of one-hundred-year storms, co-efficients
of run-off, time of concentration, flow in conduits, flow in open
channels, friction co-efficients and drainage areas, are correct and
complete and produce accurate results when applied to problems involving
the movement and storage of water along or under the surface of the
ground. The term shall mean further that an applicant shall be able
to rebut this presumption of accuracy only by a showing, using competent
engineering data, that it is more likely than not that the use of
formulae, assumptions, constants, theories and engineering approaches
other than those which are given the benefit of the engineering presumption
herein, will produce more accurate results than those which have the
benefit of such presumption.
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Sale of goods not at retail.
The following definitions shall apply in Section 9.4:
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DISTANCE — Shall be measured on a horizontal plane.
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FAA — The Federal Aviation Administration.
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FCC — The Federal Communications Commission.
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HEIGHT — The distanced measured from ground level to the
highest point on the structure.
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MUNICIPALLY OWNED LAND — Land/parcels owned and controlled
by the Town of Stoughton, except for land/parcels owned by the School
Department with a structure used as a school or for educational purposes.
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NONRESIDENTIAL STRUCTURE — Such structures as, but not
limited to, buildings, grain silos, and water towers, but does not
include houses, or apartments.
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WIRELESS COMMUNICATION BUILDING — Any building or shelter
used to house equipment primarily for the installation and operation
of equipment for generating and detecting electromagnetic radiation,
and is an accessory to a wireless communication structure.
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WIRELESS COMMUNICATION DEVICE — Any antenna, appurtenance,
wiring or equipment used in connection with the reception or transmission
of electromagnetic radiation which is attached to a structure.
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WIRELESS COMMUNICATION FACILITY — Shall be used as a general
term to include wireless communication building, wireless communication
device, and wireless communication structure.
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WIRELESS COMMUNICATION STRUCTURE — Any structure or tower
intended to support equipment used for the transmission and reception
of electromagnetic radiation, including the antennas, wiring or other
devices attached to or mounted on a structure.
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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. A court shall not be considered to be a yard or any
part thereof.
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YARD, FRONT — A yard extending for the full width of the
lot between the front line of the nearest building wall and the front
lot line.
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YARD, REAR — A yard 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.
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YARD, SIDE — A yard extending for the full length of a
building between the nearest building wall and the side lot line.
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[1]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
[2]
Editor’s Note: The Table of Dimensional and Density Regulations is included as an attachment to this chapter.
[3]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
[4]
Editor’s Note: Said maps are on file in the Town offices.
[5]
Editor’s Note: So in original.
