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.
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.