For the purpose of this bylaw and unless the context of usage
clearly indicates another meaning, the following rules of construction
apply to the text of this bylaw:
Words used in the present tense include the future, the singular
number includes the plural, and the plural number includes the singular.
The words "used" or "occupied" include the words "designated,"
"intended," or "arranged 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."
The word "shall" is mandatory; the word "may" is permissive.
The words "including" or "such as" shall not limit a term to
specified examples, but are intended to extend its meaning to all
other instances or circumstances of like kind or character.
Terms and words not defined herein but defined in the Building
Code shall have 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.
For the purpose of this bylaw, the following words and terms
as used herein shall have the meanings or limitations of meaning hereinafter
defined, explained or assigned:
ACCESSORY APARTMENT
A second dwelling unit located within a structure constructed
as a single-family dwelling, subordinate in size to the principal
dwelling unit and constructed so as to maintain the appearance of
the structure as a single-family dwelling.
ACCESSORY BUILDING
A subordinate building, the use of which is customarily incidental
to that of a principal building, and located on the same lot therewith.
ACCESSORY USE
A use subordinate and customarily incidental to the principal
use of a building, structure, or land, and located on the same lot
therewith.
AGRICULTURAL USE
Any parcel of land which is used in the raising of agricultural
products, livestock, poultry, or dairy products, including necessary
farm structures, vehicles, and equipment. This term does not include
riding stables, kennels, or facilities for the commercial raising
of swine or fur-bearing animals.
AUTOMOBILE SERVICE STATION
Any area of land, including structures thereon, which is
used or designed to be used to supply motor vehicles with fuel, lubrication,
and customary accessories; and may include facilities for lubrication,
washing, polishing and minor repairs.
BUILDING
An independent structure having a roof supported by columns
or walls, resting on its own foundation, and designed for the shelter,
housing, or enclosure of persons, animals, chattels, or property of
any kind.
All dwellings to include farm animal restrictions.
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DWELLING UNIT
One or more rooms constituting a separate independent housekeeping
establishment with cooking, living, sanitary, and sleeping facilities
for the use of one family.
DWELLING, MULTIFAMILY
A residential building designed for or occupied by three
or more families, with the number of families in residence not exceeding
the number of dwelling units provided.
DWELLING, SINGLE-FAMILY
A detached residential building containing one dwelling unit
and occupied by one family only; but not including mobile homes, whether
placed on a foundation or not.
DWELLING, TWO-FAMILY
A detached residential building containing two dwelling units,
designed for occupancy by not more than two families living independently
of each other.
FAMILY
One or more individuals related by blood, marriage, or adoption,
or not more than five individuals who are not so related, living in
a single dwelling unit.
FAST-FOOD EATING ESTABLISHMENT
A place that has as its principal business the sale of prepared
or quickly prepared foods or drinks in disposable containers or wrappers
for consumption either on or off the premises, and has a drive-through
or drive-up facility.
GARAGE, COMMERCIAL
Any garage available to the public, operated for gain, and
which is used for storage or repair of automobiles or other motor
vehicles.
GROSS AREA
The overall area of all habitable or occupied space of a
building on all floors, measured to the outside face of exterior walls,
excluding decks and porches, and excluding uninhabitable basements,
attics, and mechanical spaces.
[Added 2-27-2017 STM by Art. 2]
GUESTHOUSE
A dwelling in which more than four rooms are rented by a
resident family for transient guests, with or without meals as an
accessory use.
HOME OCCUPATION
A business engaged in within a dwelling by a resident thereof
as a use accessory thereto, involving no undue traffic or noise. For
the purpose of this bylaw, "home occupation" does not include a gift
shop or similar common retail or wholesale establishment.
HOTEL
A building with six or more rooms in which lodging is offered
to paying guests with customary hotel services, including feeding
in a central dining room on a transient or permanent basis.
KENNEL
A structure and other facilities for the keeping of more
than three dogs, more than six months old, or three or more other
household mammal pets, for sale or boarding purposes.
LOT
A single tract of land, or several contiguous tracts, whether
acquired at one time or at more than one time, held in identical ownership
throughout, defined by metes and bounds or lot lines in one or more
deeds or conveyances, or shown on a duly recorded plan, with at least
sufficient size to meet minimum zoning requirements for area, frontage,
and yards under this bylaw.
LOT FRONTAGE
The distance along the street line (for corner lots to be
measured along one street only), which provides direct access to the
lot; provided, however, that the depth of any lot created after the
effective date of this bylaw shall not be less than 40 feet at any
point along its frontage in order to qualify for frontage under this
bylaw. A private street approved by the Planning Board under the Subdivision
Control Law may provide frontage only for the lots which are contained
within the approved subdivision.
MANUFACTURING
Shall be light and clean in nature and be developed in a
nonoffensive manner. Also, the manufacturing plant and its related
activities shall be nonpolluting of our air, water and land.
MIXED USE
A combination of residential and nonresidential uses on a
single lot or a combination of one or more nonresidential uses on
a single lot.
[Added 2-27-2017 STM by Art. 2]
MOBILE HOME
A vehicular, portable, completely enclosed structure built
on a permanent chassis, designed as a dwelling unit to be transported
after fabrication on its own wheels or on a flatbed or detachable
wheels. For the purpose of this bylaw, the term "mobile home" includes
trailers incorporating the characteristics of mobile homes as herein
defined.
MOTEL
A building or group of buildings, whether detached or connected
units, designed as individual sleeping units primarily for transients
traveling by automobile, with off-street parking facilities on the
same lot.
MUNICIPAL USE
Any use of land in accordance with the general laws governing
municipal powers and functions, including participation in regional
uses.
PIGGERY AND FUR FARM
The keeping of two or more pigs or fur-bearing animals exceeding
10 weeks in age shall constitute a piggery or fur farm.
PRIVATE CLUB
Land and/or buildings used exclusively by members of an organized
group, who are elected by a committee or by membership, and not open
to public use.
SIGN, ACCESSORY
Any sign that advertises or indicates the person occupying
the premises on which the sign is erected or maintained, or the business
transacted thereon, or advertises the property itself or any part
thereof as for sale or rent, and which contains no other matter.
SITE PLAN
A plan indicating, but not limited to, the following: the
location of all existing and proposed buildings, structures, access
roads, driveways, parking areas, all proposed site improvements, and
including the names of all current abutters.
STORY
That portion of a building contained between any floor and
the floor or the ceiling next above it, but not including any portion
so contained if more than 1/2 of such portion vertically is below
the average finished grade of the ground adjoining such building.
STREET
A public way or a private way either shown on a plan approved
in accordance with the Subdivision Control Law or otherwise qualifying
lots along it for frontage under the Subdivision Control Law.
STREET LINE
The right-of-way line of a street as established under public
authority, or as shown on a plan approved by the Planning Board; or
if neither of the above apply, a line parallel to the center line
of the street measured back a distance equal to 1/2 of the normally
required right-of-way.
TAG SALE
The occasional (infrequent) sale of common household items,
for a period not exceeding three consecutive days.
YARD, FRONT
A required yard extending along the full length of the front
lot line between the side lot lines.
YARD, REAR
A required yard extending the full length of the rear lot
line between the side lot lines.
YARD, REQUIRED
The open areas of the lot extending inward from a lot line
for the distance specified in the zoning regulations, within which
no structure may be located except as otherwise provided in this bylaw.
YARD, SIDE
A required yard extending along a side lot line from the
required front yard to the required rear yard.