For the purpose of this bylaw, the following words and phrases
shall have the meanings given in this Article.
A.
Verbs used in the present tense include verbs employing the future
tense. The singular noun includes the plural noun, and conversely,
the plural noun includes the singular noun.
B.
The word "building" includes "structure" and shall be construed as
being followed by the words "or part thereof"; the word "occupied"
includes the words "designed, arranged or intended to be occupied".
Where the word "use" is employed, it shall be construed as if it was
followed by the words "or is intended, arranged, designed, built,
altered, converted, rented or leased to be used."
C.
The word "shall" is in all cases mandatory.
D.
All distances and areas refer to measurements in a horizontal plane.
E.
Wherever the term Building Commissioner appears in these bylaws it
shall be construed as being followed by the words "and such local
inspectors as are duly appointed."
Unless otherwise expressly stated, the following italic words
and phrases appearing in this zoning bylaw shall have the meanings
indicated by tried definitions immediately following in this section.
Words and phrases not defined in this article, but defined in the
Massachusetts State Building Code, 780 CMR shall have the meanings
given in that code. Words and phrases not defined in either this article
or the Code shall have the meanings as defined in the American Heritage
Dictionary of the English Language.
A building or use on the same lot with, and clearly incidental
and subordinate to the principal use or structure, except that on-site,
off-street parking located in accordance with other provisions of
this zoning bylaw shall be considered an accessory use and accessory
uses in connection with scientific research or scientific development
or related production do not have to be located on the same parcel
of land as the principal use, subject to Chapter 40A, Section 9 of
the Massachusetts General Laws.
A roof like structure of flexible material stretched over
a frame.
That portion of a building that is partly underground and
which has more than 1/2 its height, measured from the finished floor
to the finished surface of the floor above, below the average finished
grade of the ground adjoining the building.
An owner occupied, detached single family dwelling unit where
three or fewer bed and breakfast units are available for rent and
a breakfast is included in the rent, as an accessory use, in which
accommodations are available for overnight.
A rental guest unit in a bed and breakfast home consisting
of one bedroom.
A vessel or watercraft capable of being used as a means of
transportation on water and propelled by oars or paddles or by sail
or power, other than a sea/float aircraft capable of operating on
water. Lifeboats and/or inflatable boats located on or inside another
boat are specifically excluded from this definition when they are
so located.
Combination of any materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals,
or property. For the purpose of this definition, "roof" shall include
an awning or any similar covering, whether or not permanent in nature.
The act of assembling materials of construction, as shown
on the plans approved by the permit or special permit granting authority,
into the primary structure shown on said approved plans, does not
include actions preliminary to, or required for, construction, such
as planning and designing, site preparation, and obtaining any and
all required approvals outside the control of the special permit granting
authority.
Any facility operated on a regular basis, whether known as
a day nursery, nursery school, child development center or preschool,
or known under any other name, which receives children not of common
parentage under seven years of age or under 16 years of age if such
children have special needs, for nonresidential custody and care during
part or all of the day separate from their parents. Day care center
shall not include any part of a public school system; any part of
a private, organized educational system, unless the services of such
system are primarily limited to kindergarten, nursery or related preschool
services, a Sunday school conducted by a religious institution; a
facility operated by a religious organization where children are cared
for during short periods of time while persons responsible for such
children are attending religious services; a family day care home;
an informal cooperative arrangement among neighbors or relatives or
the occasional care of children with or without compensation therefore.
Any man-made change to improved of unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, grading, paving, excavation, or drilling operations.
One or more rooms forming a habitable unit for one family
and containing complete and independent housekeeping facilities.
A building or structure designed for occupancy as a residence
by two or more families, an apartment house.
A building designed for occupancy as the living quarters
for one family, but not a trailer or mobile home.
The surface of a sign upon, against or through which the
message of the sign is exhibited.
One or more persons related by blood, marriage, or adoption
and including domestic employees occupying a dwelling unit and living
together as a single housekeeping unit; or a group not exceeding four
persons, who need not be related by blood, marriage, or adoption occupying
a dwelling unit and living together as a single housekeeping unit.
Any private residence which on a regular basis receives for
temporary custody and care during part or all of the day, children
under seven years of age or children under 16 years of age if such
children have special needs; provided, however, in either case, that
the total number of children under 16 in a family day care home shall
not exceed six, including participating children living in the residence.
Family day care home shall not mean a private residence used for informal
cooperative arrangement among neighbors or relatives or the occasional
care of children with or without compensation.
The ratio of the total gross floor area of a building or
buildings on one lot to the total gross area of the lot.
The sum of the gross horizontal areas of the several floors
of a building, excluding areas used for accessory purposes as well
as all basement or cellar areas devoted exclusively to uses accessory
to the operation of the building. All horizontal dimensions shall
be taken from the exterior faces of walls, including roofed porches
and balconies whether enclosed or unenclosed. It shall also include
the horizontal area at each floor level devoted to common hallways,
stairwells and elevator shafts.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
Any sign which is secured or supported by one or more poles,
uprights, or braces in the ground which are not part of the building.
The vertical distance above the curb grade to the highest
point of the roof beams of a flat roof or to the top of the rafters
at a ridge of a sloping roof. However, if the natural grade of the
ground contiguous to the building is not at the curb grade, the height
shall be measured from the mean finished grade at the foundation of
the building.
An occupation conducted in a dwelling unit by persons residing therein and involving no change in the customary external appearance of the premises or other visible evidence of the conduct of such home occupation other than one announcement sign as provided in § 410-7.1B(1) of this zoning bylaw. In connection with the conduct of such activity only customary home or hobby-type equipment shall be used and the sale of any articles shall be limited to those produced on the premises.
A residence in which space is let for compensation to four
or more lodgers, but not including dormitories or other buildings
of charitable, educational or philanthropic institutions.
A contiguous parcel of land in identical ownership throughout,
bounded by other lots or by streets, and used or set aside and available
for use as the site of one principal building with one or more accessory
buildings. For the purpose of this bylaw, a lot may or may not coincide
with a lot on record.
The horizontal area within the exterior lines of the lot,
exclusive of any area in a public or private street or way; except
that 1/2 of any private right-of-way common to two adjoining lots
may be inside yard requirements.
The mean horizontal distance between the front and rear lot
lines of the lot measured in the mean direction of the side lot lines
of the same lot.
That part of a lot (a lot line) abutting on a street or way;
except that the ends of incomplete streets, or streets without a turning
circle, shall not be considered frontage, and yards shall be provided
as indicated under Yard in this section.
A line separating the lot from a street or private way. Where
a building line has been established by the Town of Hull for street
widening purposes, such building lines shall be used as the front
lot line under the provisions of this bylaw.
The lot line opposite the front lot line; except that in
the case of a corner lot, the rear lot line shall be the line opposite
from the street on which the principal or proposed building faces.
A lot recorded in the Registry of Deeds of Plymouth County,
or in the Land Court in the Commonwealth of Massachusetts either as
a separate lot or as a part of a subdivision.
The mean horizontal distance between the side lot lines of
the lot measured to the mean direction of the front and rear lines
of the same lot.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes,
the term "manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
A parcel (or any number of contiguous parcels) of land divided
into two or more manufactured homes for rent or sale.
A building that does not conform to the regulations prescribed
by this bylaw for the district in which it is located.
A lot that does not conform to the regulations prescribed
by this bylaw for the district in which it is located.
A use of a building or lot that does not conform to a use
regulation prescribed by this bylaw for the district in which it is
located; provided that such use was already in existence and lawful
at the time this use regulation became effective.
The purpose for which a building or structure is designed,
used or intended to be used. A "Change of Occupancy" does not include
a change of tenants or proprietors.
That part of a lot designed and developed for use by the
occupants of the lot or for the pleasant appearance of the building
in which they reside. Such space may include swimming pools, tennis
courts, or similar facilities: household service uses such as clothes
drying, private gardens; or landscaped elements and natural features
of the site, walks, and terraces. Decks and roofs of garages and buildings
in excess of 20 square feet, accessible to occupants of a building,
may also be calculated as open space: also a balcony having an area
of not less than 40 square feet and reserved for the exclusive use
of one family may be counted toward meeting the required open space
on the lot. Such open space may not include lot areas used for parking,
access and service drives or other hard surfaced areas intended for
vehicular use.
The sound physical value of a building or structure shall
be the replacement cost minus the depreciation as determined by the
Building Commissioner.
A sign supported by or suspended from a freestanding column,
pipe or pole.
The permit building cost as agreed prior to issuance of the
Special Permit.
A rest home is any institution, however named, which is advertised,
announced or maintained for the express or implied purpose of providing
care to three or more persons, who, although ambulatory, need supervision
or medical care but not professional nursing services.
A sign erected upon or above a roof of a building or structure.
As used in this zoning bylaw shall include signs, outdoor
advertising, billboards, poster boards, letters, words, models, devices,
symbols, trade-marks and shall include every kind of structure that
is arranged, designed or used as an advertisement, announcement, or
for direction.
The boundary line of the lot separating it from a public
street or private way. Where a building line has been established
by the Town of Hull for the purpose of future public use, such building
line shall be used as the street line whenever the street line is
used in the provisions of this bylaw.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, tower, framework,
retaining wall, tank, tunnel, stadium, platform, bin, fence, flagpole
or the like.
The fact or state of being used for the purpose shown on
the plans approved by the permit or special permit granting authority.
A sign attached to, or erected against a wall of a building
or structure, with the exposed faces of the sign in a place approximately
parallel to the plane of said wall.
All resource areas subject to the protection under GL C.
131, section 40 as set forth in the provisions of 310 CMR 10.02(1),
in effect as of April 10, 1997, whose delineation has been approved
by the Hull Conservation Commission or as determined by an appellate
body from such determination; provided however, that land falling
within said definition solely because it is land subject to coastal
storm flowage and/or land subject to flooding is excluded from this
definition. The provisions of this definition shall not apply to property
zoned for single family or two-family use or property owned by the
Town of Hull or other governmental authorities.
Any antenna, dish, or panel mounted on or in a building or
structure, used by a commercial carrier to provide wireless communications
services. The term "Wireless communications device" does not include
a wireless communication structure.
Any and all materials, equipment, equipment structures/shelters/cabinets,
towers, dishes and antennas, other than customer premises equipment,
used by a commercial carrier to provide telecommunications or data
services and is intended to include generally towers, antennas, dishes
and panels, as the context calls for.
The provision of the wireless telecommunication services
including by way of example cellular telephone service, personal communications,
data services, telecommunications and enhanced specialized mobile
radio service.
A wireless communication monopole, including antennas and
accessory structures mounted thereon, if any, which facilitates the
provision of wireless communication services.
The open space at the front, sides and rear of a building
between the exterior walls of the building and the boundaries of the
lot upon which it stands.
