A.Â
For the purpose of this bylaw, certain terms and words shall have
the meanings given herein. Words used in the present tense include
the future. The singular number includes the plural and 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". The word "shall" is always
mandatory and not merely directory.
B.Â
Terms and words not defined herein but defined in the Commonwealth
of Massachusetts State Building Code shall have the 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, Third Edition, or as amended.
As used in this bylaw, the following terms shall have the meanings
indicated:
The discontinuance of a nonconforming use or 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.
A self-contained housing unit incorporated within a single-family
dwelling unit that is clearly a subordinate part of the single-family
dwelling.
[Added 11-4-2019 STM
by Art. 12]
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, and other matter which are
distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, as amended. For purposes of this bylaw, "substantial
or significant portion of its stock" shall mean more than 10% of the
subject establishment's inventory stock or retail sales or more than
10% of the premises' GFA.
[Added 6-11-2013 ATM]
An establishment which provides live entertainment for its
patrons, which includes the display of nudity, as that term is defined
in MGL c. 272, § 31, as amended.
[Added 6-11-2013 ATM]
A facility that offers to seniors daytime programs, health
care and assessment, personal care, social programs, recreational
activities, meals and transportation, but does not provide residence
or overnight accommodations.
[Added 6-3-2019 ATM]
An enclosed building used for presenting material distinguished or characterized by its emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended. For purposes of this bylaw, an adult motion-picture theater shall not be deemed a "movie cinema" as identified in § 390-4.2.[1]
[Added 6-11-2013 ATM]
An establishment having as a substantial or significant portion
of its stock devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31,
as amended. For purposes of this bylaw, "substantial or significant
portion of its stock" shall mean more than 10% of the subject establishment's
inventory stock or retail sales or more than 10% of the premises'
GFA.
[Added 6-11-2013 ATM]
An establishment having as a substantial or significant portion
of its stock-in-trade, videos, movies, or other film material which
is distinguished or characterized by its emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, as amended. For purposes of this bylaw, "substantial
or significant portion of its stock" shall mean more than 10% of the
subject establishment's inventory stock or retail sales and/or rentals
or more than 10% of the premises' GFA.
[Added 6-11-2013 ATM]
Housing units that are affordable to and occupied by individuals
and families whose annual income is less than 80% of the area-wide
median income as determined by the U.S. Department of Housing and
Development or Massachusetts Department of Housing and Community Development
standards. Affordability shall be assured in perpetuity through the
use of an affordable housing restriction as defined in MGL c. 184,
§ 31.
[Added 6-3-2019 ATM]
The production, keeping or maintenance, for sale, lease or
personal use, of plants and animals useful to man, including, but
not limited to: forages and sod crops; grains and seed crops; dairy
animals and dairy products, poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, or goats,
or any mutations or hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetable; nursery, floral, ornamental and greenhouse
products; or lands devoted to a soil conservation or management program.
Any construction or other action resulting in a change in
the existing structural parts or height, number of stories, size,
use, or location of an existing building or other existing structure.
A facility, primarily outdoors, that may include structures
and buildings, where there are various devices for entertainment,
including rides, booths for the conduct of games or sale of items,
buildings for shows and entertainment, and restaurants, and souvenir
sales; however, under no circumstances shall amusement parks include
adult-oriented activities or entertainment.
[Added 6-11-2012 ATM]
An exterior perimeter department store, major merchandising
or magnet center having direct access to a mall and having its required
exits independent of the mall.
A plot of land on which 25 livestock or more per acre are
kept for the purposes of feeding.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to hospital use.
An administrative review by the Board of Appeals of the action or failure to act of the Planning Board or Building Inspector as set forth in Article XI.
Geologic formation composed of rock or sand and gravel that
contains significant amounts of potentially producible potable water.
The provisions of physical support, aid or assistance with
bathing, dressing/grooming, ambulation, eating, toileting or similar
tasks.
The provision of support, aid, assistance, prompting, guidance,
or observations of meal preparation, housekeeping, clothes laundering,
shopping for food and other items, telephoning, use of transportation
and other similar tasks.
A long-term senior residential facility that provides personal
care support services such as meal, medication management, bathing,
dressing, and transportation, principally for people age 55 or over,
within the meaning as defined in MGL c. 151, § 4(6)[2] and 42 U.S.C. § 3607(b)(2)(C), and certified
by the Massachusetts Office of Elder Affairs.
[Added 6-3-2019 ATM]
An attic that has a stairway as a means of access and egress
and in which the ceiling area at a height of 7Â 1/3 feet above
the attic floor is not less than 1/3 the area of the floor next below.
An establishment where alcoholic beverages are sold, as authorized
by MGL c. 138, to be served to and drunk by patrons in plain view
of other patrons, all entrances to which shall open directly from
a public way and where prepared food is not available.
A farm building used primarily for storing farm products
such as grain and hay, and for sheltering livestock.
That portion of a building which is partly below and partly
above finished grade, and having at least 1/2 its height above finished
grade.
An accessory use in which a private owner-occupied dwelling
unit has three or fewer bed-and-breakfast units available for rent,
breakfast included, for overnight accommodations.
Any dwelling unit in which two or more persons, not permanent
residents of the living quarters, are housed or lodged for hire, with
or without meals, in a room or suite which does not contain separate
cooking facilities. A rooming house or a furnished rooming house,
in which rooms or suites of rooms in which the persons are housed
or lodged for hire do not contain separate facilities, shall be deemed
a boardinghouse.
A wetland in which dead plant remains accumulate as peat.
A facility, licensed under the relevant state and federal
statutes, for the large-scale production and packaging of malt, wine,
or hard cider beverages for distribution to retail or wholesale, which
may include a tap room where beverages produced on the premises may
be sold or consumed.
[Added 11-4-2019 STM
by Art. 10]
Restaurants licensed under the relevant state and federal
statutes to produce and sell beer and/or ale at the location and whose
primary business is the sale and preparation of food to be consumed
on the premises. Malt beverages, including beer, ales and hard ciders,
produced on the premises may be sold to other establishments but shall
not exceed 25% of the establishment's production capacity.
[Added 11-4-2019 STM
by Art. 10]
An area incorporating the following elements: preserved natural
vegetation, professionally landscaped tree/plant or natural material,
or artificial screening/fencing material, used either separately or
in combination. Used to mitigate certain effects of permitted uses
in any district upon either the abutting lot(s), permitted use(s),
or zoning district(s).
A ratio of lot perimeter to lot area which limits the degree
to which a lot may have an irregular shape.
A combination of any materials, whether portable or fixed,
having a roof, common walls, passageway areas and serviced by common
utilities and forming 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.
A detached subordinate 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.
Exposed outside storage of sand, lumber, coal or other bulk
materials and storage of liquids in tanks except underground as an
accessory use.
An area or tract of land on which accommodations for temporary
occupancy are located or may be placed, including cabins, tents, and
major recreational equipment, and which is primarily used for recreational
purposes and retains an open air or natural character.
That portion of a building which is completely below finished
grade or more than 1/2 its height is below finished grade.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, crematories,
mausoleums, and mortuaries when operated in conjunction with and within
the boundaries of such cemetery.
A day-care center or a school-age child-care program, as
these terms are defined in MGL c. 28A, § 9, as amended from
time to time.[3]
An institution that people regularly attend to participate
in or hold religious services, meetings, and other activities. The
term "church" shall not carry a secular connotation and shall include
buildings in which the religious services of any denomination are
held.
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
Premises or buildings of a nonprofit organization exclusively
serving members and their guests for recreational, athletic, or civic
purposes, but not including any vending stands, merchandising, or
commercial activities except as required generally for the membership
and purposes of such club. Does not include clubs or organizations
whose chief activity is a service customarily carried on as a business.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
A driveway servicing at least two but no more than four building
lots, unless within the B-1, B-2, C-1 or C-2 Zoning Districts, provided
said driveway extends from the street frontage of a lot of one of
the uses being served, common driveways shall also include any driveway
serving two or more uses on separate building lots, provided said
uses existed before July 20, 1999, and that said driveway would not
serve any additional uses unless otherwise in compliance with this
definition. Within any residential district, each lot must have the
street frontage for that zoning district. A common driveway is not
a street and does not provide legal street frontage.
An assessment of all physical, social, and economic impacts which can be reasonably anticipated from a proposed use and a program for mitigation of significant adverse impact as set forth in Article VIII.
Living accommodations and communal facilities for persons
over age 55. In addition to individual and/or shared residential apartments
for persons living independently, communal facilities may include,
but are not limited to, kitchens, dining facilities, retail and service
establishments for residents of the housing community, game and crafts
rooms, a pool, library, and place of worship. This use differs from
senior living community because there are no nursing or assisted living
components.
[Added 11-19-2018 STM]
Premises owned and operated by a governmental or other chartered
nonprofit organization, including public housing for the elderly,
but not including fraternal, sports or similar membership organizations.
Environmentally sensitive and valuable lands protected from
any activity that would significantly alter their ecological integrity,
balance, or character, except in cases of overriding public interest.
Conservation areas include freshwater marshes, swamps, ponds, natural
shorelines (other than natural beaches or dunes), and other areas
of significant biological productivity or uniqueness.
An easement granting a right or interest in real property
that is appropriate to retaining land or water areas predominately
in their natural, scenic, open, or wooded condition; retaining such
areas as suitable habitat for fish, plants, or wildlife.
A senior living community that provides a continuum of senior
housing and care services principally for people age 55 or over, within
the meaning as defined in MGL c. 151B, § 4(6) and 42 U.S.C
§ 3607(b)(2)(c), operated or sponsored as a coordinated
unit by a corporation or organization, having among its principal
purposes the provision of housing and associated services for senior
citizens. A CCRC shall include a variety of housing types and may
also include semi-institutional facilities such as skilled nursing
care or a rehabilitation facility.
[Added 6-3-2019 ATM]
Premises used by a building or construction contractor or
subcontractor principally for the storage of materials, storage and
servicing of equipment and fabrication of subassemblies.
Any retail store with a gross floor area of 3,000 square
feet or less, generally open expanded hours, selling a limited selection
of groceries, beverages and snacks to be consumed primarily off the
premises, lottery tickets, newspapers, magazines, tobacco products,
household products and personal items.
[Added 6-11-2012 ATM]
A detached one-family dwelling that does not exceed 1,800
square feet of livable floor area (meaning heated floor area of the
building above finished grades, excluding nondwelling areas such as
attic space or a garage).
[Added 6-3-2019 ATM]
A land area and buildings containing recreational facilities,
clubhouse and usual accessory uses, open only to members and their
guests for a membership fee.
A building used or designed for overnight lodging, and which
may also provide a restaurant and accessory guest services to lodgers
and the public, but excluding function and conference facilities.
A country inn shall be located in an historic building built before
1929.
[Adopted 4-28-2003]
A facility operated on a regular basis 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,
subject to the conditions contained in MGL c. 28A, § 9,
as amended from time to time.[4]
A facility or program operated on a regular basis which provides
supervised, nonresidential group or individual care for adults for
part or all the day.
All structures and other modifications of the natural landscape
above and below ground or water, on a particular site.
A part, zone or geographic area within the Town within which
certain zoning or development regulations apply.
A premises where persons, while in their automobiles, are
served, purchase, consume, as appropriate, banking services, food
or goods.
A private means of auto access to a parking space, garage,
dwelling or other structure.
A building, or part thereof, which is used exclusively for
human habitation, and constructed on-site, or off-site in parts designed
to be transported to a lot to be joined into integral dwelling units
and placed on a permanent foundation over a cellar or basement, but
which shall not include a tent, trailer, camper, mobile home or a
room, or a suite of rooms in a boardinghouse, hotel, motel, or bed-and-breakfast
home.
A separate set of living quarters within a dwelling which
includes at least one room and a separate kitchen and sanitary facilities,
and which has a private entrance from outside the building or a common
hallway or stairway inside the building.
An attached residential building containing two separate
dwelling units. The dwellings may be either side by side or one above
the other.
An attached residential building containing two or more separate
dwelling units. This includes townhouse-style dwelling units comprised
of two or more stories. A garage may be included as part of the townhouse,
either underneath or as a first-floor use.
[Amended 11-19-2018 STM]
A detached residential building containing only one dwelling
unit.
Includes soil, rock, sod, loam, peat, humus, clay, sand,
gravel, or other minerals or materials.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
The erection, construction, alteration or maintenance by
public utilities or governmental agencies of underground or overhead
gas, electrical, steam or water transmission or distribution systems,
collection, communication, supply or disposal system, including 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, but not including
buildings necessary for the furnishing of adequate service by such
public utilities or governmental agencies for the public health or
safety or general welfare.
An economic unit, generally at a single physical location,
where business is conducted or services or industrial operations performed.
The manufacturing from standardized parts of a distinct object
differing from the individual components.
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, subject to the conditions contained in
MGL c. 28A, § 9, as amended from time to time.[5]
Any parcel of land used for the raising of agricultural products,
livestock, poultry or dairy products.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
Any land area susceptible to being inundated by water from
any source.
The ratio of the net floor area of the principal building
to the total lot area.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls, or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than six feet.
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 the bylaw, or any such floor space
intended and designed for accessory heating and ventilating equipment.
A commercial use engaged in the sale of separate allotments
of heating oil, coal, propane gas or firewood, which are primarily
delivered off-site to individuals, businesses or government facilities.
[Amended 6-11-2012 ATM]
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
A detached or attached accessory building for the private
use of the owner or occupant of a principal building situated on the
same lot of the principal building for the storage of motor vehicles,
with no facilities for mechanical service or repair of a commercial
or public nature.
A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters.
Any department, commission, independent agency or instrumentality
of the United States, of a state, county, town, municipality or other
governmental unit.
The degree of rise or descent of a sloping surface.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line, or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
[Added 6-11-2012 ATM]
The final elevation of the ground surface after development.
The elevation of the ground surface in its natural state,
before man-made alterations.
Any stripping, cutting, filling, stockpiling of earth or
land, including the land in its cut or filled condition.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
A solar photovoltaic installation that is structurally mounted
on the ground and is not roof-mounted on a building.
[Added 6-11-2013 ATM]
All the water found beneath the surface of the ground. In
this bylaw the term refers to the slowly moving subsurface water present
in aquifers and recharge areas.
An establishment primarily engaged in furnishing medical,
surgical or other services to individuals, including the offices of
physicians, dentists, and other health practitioners, medical and
dental laboratories, outpatient care facilities, blood banks, and
oxygen and miscellaneous types of medical supplies and services. Health-care
facilities shall not include any uses or activities of a RMD or OMMD.
[Amended 6-9-2014 ATM]
An entity which provides structured exercise programs utilizing
both indoor and outdoor facilities such as a gymnasium, swimming pool,
running track, court layouts and the like for the development of personal
fitness under the supervision of personnel knowledgeable in health,
physical education and exercise physiology.
The vertical distance from grade plane to the average height
of the highest roof surface.
[Amended 6-11-2012 ATM]
An occupation or a profession which:
Any building or group of buildings in which there are guest
rooms used, designed or intended to be used, let or hired out for
the purpose of offering to the general public lodging on a day-to-day
basis typically not to exceed 30 consecutive calendar days, where
the primary entrance is through a lobby or foyer and also that in
which there are no provisions for cooking in any individual room or
suite. A hotel may include additional facilities and services, such
as restaurants, meeting rooms, entertainment, personal services and
recreational facilities.
[Added 6-11-2012 ATM]
Material on the ground that does not allow surface water
to penetrate into the soil.
Multifamily buildings in a senior living community that are
designed and intended for occupancy principally by people age 55 or
over, within the meaning as defined in MGL c. 151B, § 4(6)
and 42 U.S.C. § 3607(b)(2)(c), and is in accordance with
the same, and with units that include some basic services such as
meals, housekeeping, grounds maintenance, security and common open
areas and common facilities for events and activities benefiting residents
of the development.
[Added 6-3-2019 ATM]
A building within which the general public is invited for
a fee or membership charge to participate in athletic or recreational
activities, which may include swimming, exercise, weight training,
running, tennis, squash, racquetball, ping-pong, bowling, billiards,
darts, miniature golf, golf and baseball/softball training or simulation
facilities, basketball, soccer, curling, ice skating, roller skating,
hockey, sports medicine facility, physical therapy and rehabilitation
facility, restaurant. (Said facility may contain accessory uses such
as a pro-shop, health club, child-care facility and concession stands.)
[Added 6-11-2012 ATM]
A planned, coordinated development of a tract of land with
two or more separate industrial buildings. Such development is planned,
designed, constructed, and managed on an integrated and coordinated
basis with special attention given to on-site vehicular circulation,
parking, utility needs, building design and orientation, and open
space.
A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials,
or use engaged in storage of, or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A use engaged in the manufacturing, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
includes, but is not limited to: vehicles, tires, vehicle parts, equipment,
paper, rags, metal, glass, building materials, household appliances,
brush wood and lumber.
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials, machinery or two or more unregistered,
inoperable motor vehicles or other type of junk.
Any building, structure, or land area used for the boarding,
breeding, grooming, training, showing, protection or raising of dogs,
cats or other small animals primarily for sale or profit, or for humane
purposes. Pet shops, private kennels, and veterinary hospitals shall
be exempt from the definition of "commercial kennel."
[Added 11-14-2011 STM]
Any structure or premises on which more than four dogs greater
than or equal to three months of age are kept in or adjoining a private
residence for private enjoyment and not for monetary gain, with the
exception of occasional breeding of household pets. No more than two
of the dogs shall be used for breeding and the frequency and scope
of said activity shall be subject to the grant of a special permit
from the Planning Board.
[Added 11-14-2011 STM;
amended 11-10-2014 STM]
A building where live productions of plays, concerts or other
forms of staged entertainment are performed before an audience of
the general public. In some cases, said activity may be conducted
in conjunction where food and beverages are served to the patrons
in a so-called "dinner-theater" setting. Such an establishment shall
be exclusive of adult cabaret establishments or any other adult uses.
[Added 6-11-2012 ATM]
An area or parcel of land in the same ownership, or any part thereof designed by its owner or owners as a separate lot, which is bounded by front, side and rear lot lines as defined in this bylaw and defined in a deed or plan recorded with the Norfolk County Registry of Deeds. A parcel shall not be designated a building lot unless it conforms with the dimensional requirements in § 390-6.1. An owner shall retain the right to alienate any parcel or portion of any parcel regardless of whether or not it is a legal lot under this bylaw. For purposes of this bylaw, a lot may or may not have boundaries identical with those recorded in the Norfolk County Registry of Deeds.
The percentage of the lot that is covered by impervious surfaces.
The shortest distance measured perpendicularly from the front
lot line to the rear lot line.
A corner lot is any lot with continuous frontage on two intersecting
streets which meet at an angle of less than 135°.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembly
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins or liquors.
Fabrication, processing, finishing, assembly, or packaging
operations employing only electric or other substantially noiseless
and inoffensive motor power, and provided that all power and processes
shall confine disturbing agents, such as smoke, fumes, dust, odors,
vibration, gas, glare, electromagnetic radiation, and noise, to the
confines of the premises or disposed of in a manner so as not to pose
a present or potential hazard to human health, safety, welfare or
the environment by reason of the potential for fire, explosion, radiation
release or other casualty.
A wetland dominated by soft-stemmed plants.
A facility, licensed under the relevant state and federal
statutes, for the production and packaging of malt, wine, or hard
cider beverages for distribution retail of wholesale, on or off premises,
with a capacity of not more than 15,000 barrels (a barrel being equivalent
to 31 gallons per year) and which may include a tap room where beverages
produced on the premises may be sold and consumed. May include other
uses such as a restaurant, including outdoor dining if otherwise permitted
in the zoning district.
[Added 11-4-2019 STM
by Art. 10]
The removal or relocation of geologic materials such as topsoil,
sand and gravel, metallic ores or bedrock.
A combination of commercial and residential uses, arranged
vertically (in multiple stories of a structure) or horizontally (adjacent
to one another in one or more buildings on a lot). Uses shall be limited
to those designated "Y" or "SP" in the Use Regulation Table for the
Village, and included as part of this zoning article.
[Added 11-19-2018 STM]
A structure, transportable in one or more sections, which
is at least eight feet in width and 32 feet in length, which is built
on a permanent chassis and designed to be used as a dwelling unit,
with or without a permanent foundation when connected to required
utilities.
A site with required improvements and utilities for the long-term
parking of mobile homes which may include services and facilities
for the residents.
A building or group of two or more detached or semidetached
buildings, containing individual dwelling or sleeping units, each
with a separate exterior entrance, with or without cooking facilities,
designed for or used temporarily by the public for rent on a day-to-day
basis not to exceed 30 consecutive calendar days and is suitable for
occupancy all seasons of the year.
[Amended 6-11-2012 ATM]
A self-propelled device used for transportation of people
or goods over land surfaces and licensed as a motor vehicle.
The use of any building, land area or other premises for
the display and sale of new or used automobiles, panel trucks or vans,
trailer(s), or recreation vehicles, and including any warranty repair
work and other repair service conducted as an accessory use.
The Town of Wrentham.
Also considered a "craft brewery"; a facility, licensed under
the relevant state and federal statutes, for the small-scale production
of malt, wine, or hard cider beverages primarily for on-premises consumption
and sale with limited distribution to retail or wholesale, with a
capacity of not more than 6,000 barrels, (a barrel being equivalent
to 31 gallons per year) and which may include accessory preparation
and sale of food for on-premises consumption. May include other uses
such as a restaurant, including outdoor dining if otherwise permitted
in the zoning district.
[Added 11-4-2019 STM
by Art. 10]
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this Zoning Bylaw,
but which fails by reason of such adoption, revision or amendment
to conform to the present requirement(s) of the zoning district.
A structure or building the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment of
this Zoning Bylaw, but which fails by reason of such adoption, revision
or amendment to conform to the present requirement(s) of the zoning
district.
A use or activity which was lawful prior to the adoption,
revision or amendment of this Zoning Bylaw, but which fails by reason
of such adoption, revision or amendment to conform to the present
requirement(s) of the zoning district.
An interference with the enjoyment and use of property.
Land or greenhouses used to raise trees, shrubs, flowers,
and other plants for sale.
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
A registered marijuana dispensary that is located off-site
from the cultivation/processing facility (and controlled and operated
by the same registered and approved not-for-profit entity which operates
an affiliated RMD) but which serves only to dispense the processed
marijuana, related supplies and educational materials to registered
qualifying patients or their personal caregivers in accordance with
the provisions of 105 CMR 725.00.[6]
[Added 6-9-2014 ATM]
A room or group of rooms used for conducting the affairs
of a business, professional, service establishment, industry, or government
agency.
A building used primarily to house offices for conducting
the affairs of a business, professional, service establishment, industry
or government agency, or like activity that may include ancillary
services for office workers such as a restaurant, coffee shop, newspaper
or candy stand.
A development on a tract of land that contains a number of
separate office buildings, supporting uses and open space designed,
planned, constructed and managed on an integrated and coordinated
basis.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
are necessary and appropriate.
Open space owned by a public agency and maintained by it
for the use and enjoyment of the general public.
Land, including accessory buildings/structures, on which
the general public is invited for a fee or membership charge to participate
in any of the following athletic or nonmotorized recreational activities,
which may include soccer, football, lacrosse, baseball, softball,
cricket, basketball, running, bicycling, miniature golf, golf driving
range, golf course not to exceed 10 acres, tennis, handball, racquetball,
paddle tennis, boating, training facilities for baseball/softball/soccer/golf,
croquet, polo, badminton, bocce, Frisbee, shuffleboard, horseshoes
and swimming. (Said facility may contain accessory uses such as a
pro-shop and concession stands.) Water parks, amusement parks and
any motorized vehicular recreational activities, which are similar
in nature, are specifically excluded.
[Added 6-11-2012 ATM]
The keeping, in an unroofed area, of any goods, junk, material,
merchandise, or motor vehicles in the same place for more than 24
hours.
A tract of land, designated and used for active and passive
recreation.
An off-street, ground-level area, usually surfaced and improved,
for the temporary storage of motor vehicles.
A space designed to be occupied by, and adequate to park
a motor vehicle plus access thereto.
[Amended 11-13-2012 STM]
A facility which provides for the restoration and development
of function lost or impaired by trauma, accident or pathology. Said
facility shall be professionally staffed by at least one chiropractor,
physical or massage therapist, licensed by the Commonwealth of Massachusetts,
or athletic trainer licensed by the National Athletic Trainers Association.
[Added 6-11-2012 ATM]
A development of one or more otherwise allowed commercial uses on a lot or two or more contiguous building lots encompassing a total area of not less than 18 acres with at least 400 feet of continuous street frontage along a state numbered route. The entire minimum frontage distance and not less than 80% of the minimum area of a PBD as required herein shall be located within the same zoning district. A PBD is characterized by common driveway(s), shared parking lot(s), coordinated landscaping features, complementary architectural design and shared infrastructure (water distribution, sewage disposal system and/or stormwater drainage facilities), which are managed and maintained by an association of owners of property within the development. A PBD shall be serviced by no more than one site access driveway or street accommodating left-turning vehicles onto and/or off an adjoining public way unless otherwise specifically allowed by the Planning Board in authorizing the PBD under § 390-4.2[7] in consideration of traffic safety and circulation patterns
within the vicinity.
[Added 6-11-2012 ATM]
A combined industrial park and office park located on a large
tract of land, with ancillary services located on site to at a scale
designed to primarily serve the PI/OP.
Any device or system owned by a private entity that is used
for the treatment and disposal (including recycling and reclamation)
of sewage. A privately owned wastewater treatment facility includes
the sewers, pipes, or other conveyances that convey the wastewater
to the treatment facility.
[Added 11-10-2014 STM]
A series of operations, usually in a continuous and regular
action or succession of actions, taking place or carried on in a definite
manner.
The office of a member of a recognized profession maintained
for the conduct of that profession.
The Town of Wrentham, the Commonwealth of Massachusetts,
the United States government or any agency or authority thereof, except
in the phrase "public utility".
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures; pumping stations; telephone exchanges
and repeater stations; and all other facilities, equipment and structures
necessary for conducting a service by a government or public utility.
A nonprofit fraternal and/or philanthropic service organization
generally formed around a common interest, occupation or activity.
[Added 6-11-2012 ATM]
Any way, public or privately owned, over which the public
has a right to pass.
Areas composed of permeable stratified sand and gravel and
certain wetlands that collect precipitation or surface water and carry
it to aquifers.
The demolition of a structure and the rebuilding of a new
structure on the same lot.
[Added 11-13-2017 STM]
A place designed and equipped for the conduct of sports,
leisure-time activities and other active and passive recreational
activities.
A recreation facility operated as a business and open to
the public for a fee.
A use operated by a not-for-profit entity registered and
approved by the MA Department of Public Health in accordance with
105 CMR 725.000,[8] and pursuant to all other applicable state laws and regulations,
also to be known as a "medical marijuana treatment center," 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 registered qualifying patients or their personal caregivers. A
RMD shall explicitly include facilities which cultivate and process
medical marijuana, and which may also dispense and deliver medical
marijuana and related products.
[Added 6-9-2014 ATM]
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, or engineering and development
as an extension of investigation with the objective of creating end
products, not including facilities designed and intended for the development
of nuclear, chemical, germ/biological weapons, or similar activities.
An establishment that is leased, rented or owned by a person
holding a duly issued and valid license as a common victualler under
the provisions of MGL c. 140, with adequate and sanitary kitchen and
dining room equipment and capacity for preparing, cooking and serving
suitable food for patrons and customers.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption takes place or is designed to take place
outside the confines of the building, often in a motor vehicle on
the site.
An establishment whose principal business is the sale of
preprepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant
building or off-premises.
An establishment which by design of physical facilities or
by service or packaging procedures permits or encourages the purchase
of prepared ready-to-eat foods intended primarily to be consumed off
the premises, and where the consumption of food in motor vehicles
on the premises is not permitted or not encouraged.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods. Such an establishment
shall be exclusive of an adult bookstore, adult paraphernalia store
or adult video store as so defined herein. The sale of marijuana in
any form whatsoever, on any land within the Town of Wrentham shall
not be construed as to fall within this definition and shall not be
considered retail.
[Amended 6-11-2013 ATM; 6-9-2014 ATM]
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
other special use. Generally, the right of one to pass over the property
of another.
A solar photovoltaic installation that is structurally mounted
on the roof of a building.[9]
[Added 6-11-2013 ATM]
A public, private or parochial or other institution maintained
primarily for educational purposes.
Discarded or rejected materials that result from manufacturing
or fabricating operations.
A building or group of buildings in a controlled-access and
fenced compound that contains varying sizes of individual, compartmentalized,
and controlled-access stalls or lockers for the storage of a customer's
goods or wares.
A local agency that provides support services to elders,
families and caregivers in the community, to include advocacy and
activities.
[Added 6-3-2019 ATM]
A residential community designed for occupancy by individuals
55 years of age or older within the meaning as defined in MGL c. 151B,
§ 4(6) and 42 U.S.C. § 3607(b)(2)(c), and also
incorporating the preservation of natural open space areas as an integral
element of the development. A SLC may include a variety or combination
of housing types that may be sold or leased to individual residents,
or may be operated or managed by a corporation or organization having
among its principal purposes the provision of housing and resident
services for retired and/or aging persons.
[Amended 6-3-2019 ATM]
An establishment engaged in primarily providing services
to individual customers, such as shoe repair, dry cleaning, hair styling,
and tailoring, and whose primary business is not the sale of tangible
goods or products. Such an establishment shall be exclusive of an
adult cabaret establishment or adult motion-picture theaters as so
defined herein. The sale, cultivation or harvesting of marijuana in
any form whatsoever, on any land within the Town of Wrentham, shall
not be construed so as to fall within this definition and shall not
be considered a service establishment.
[Added 6-11-2012 ATM;
amended 6-11-2013 ATM; 6-9-2014 ATM]
Any building or premises which provides for any of the following
or a combination thereof: (a) the retail sale of gasoline, oil, tires,
batteries, and accessories for motor vehicles; (b) the retail sale
and installation of mufflers, shocks and transmissions; and (c) certain
motor vehicle services, including washing, tire changing, repair service,
battery service, radiator service, lubrication, brake service, wheel
service, and testing or adjusting of automotive parts. A service station
may include the retail sale of nonautomobile goods; provided, however,
no more than 3,000 square feet of floor area shall be devoted to the
sale of such goods. Automobile repair work may be done at a service
station, provided that no rebuilding of engines, spray paint operations,
or body or fender repair is permitted.
[Added 6-11-2012 ATM]
The minimum horizontal distance between the lot or property
line and the nearest front, side, or rear line of the building, including
terraces or any covered projections thereof, excluding steps.
A parking lot that is accessible from two or more building
lots connected by means of interior driveways.
A group (two or more) or complex of commercial uses, including,
but not limited to, retail or service establishments, shops, indoor
theaters, restaurants and similar establishments, with immediately
adjoining off-street parking facilities.
Any permanent or temporary structure, device, letter, word, model, sculpture or replica, banner, balloon, pennant, insignia, flag, or such device which is used for advertising purposes or to inform the public. (Note: See Article XVIII for detailed definitions.)
The requirements of Article VII which are intended to assure that development proposals are consistent with environmental and siting objectives of the Town of Wrentham.
A facility or units thereof that provide continuous skilled
nursing care and meaningful availability of rehabilitation services
and other therapeutic services in addition to the minimum, basic care
and services required in 105 CMR 150.000 for residents who show potential
for improvement or restoration to a stabilized conditions or who have
a deteriorating condition requiring skilled care.
[Added 6-3-2019 ATM]
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
Establishments providing assistance and aid to those persons
in need of child-care facilities, nurseries, residential care, employment,
counseling for psychological problems, and assistance with learning
disabilities and physical disabilities.
A device, structure, or structural design feature, a substantial
purpose of which is to provide for the collection, storage and distribution
of solar energy for generation of electricity. This includes appurtenant
equipment for the collection, storage and distribution of electricity
to buildings or to the electric grid.
[Added 6-11-2013 ATM]
In accordance with MGL c. 40A, § 9, the requirements of Article IX, which are intended to assure that proposed uses are consistent with the land use objectives of the Town of Wrentham.
A facility to provide the recreational individual or team
athlete with education to prevent athletic injury as well as to serve
as a resource center to coaches, trainers and other nonmedicals who
work with sports programs through an interdisciplinary utilization
of physicians, orthopedic surgeons, physical therapists, nutritionists
and other appropriate allied health personnel that are licensed through
the Commonwealth of Massachusetts.
[Added 6-11-2012 ATM]
An accessory building in which horses are kept for private
use and not for remuneration, hire or sale.
A building or land where animals are kept for remuneration,
hire, sale, boarding, riding, or show.
An accepted Town way or a way established by or maintained
under county, state or federal authority or a way shown on a plan
approved in accordance with the Subdivision Control Law,[10] or a way in existence prior to March 29, 1954 (date of
subdivision control) having, in the opinion of the Planning Board,
sufficient width, suitable grades and adequate construction to provide
for the needs of vehicular traffic in relation to the proposed use
of land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the buildings erected
or to be erected thereon.
The portion of a lot contiguous with a street layout and providing access to said lot unless otherwise specifically allowed within this bylaw. Frontage shall be measured along the street layout and connecting the two points created by the intersection of the side lines with the street layout, as set forth in § 390-6.1, unless otherwise specifically allowed within this bylaw.
The location of the street as shown on an approved plan,
including the roadway, sidewalks and grass strips. The street layout
may or may not coincide with the paved way or the right-of-way. In
the event that the street pre-exists subdivision control, the layout
as shown on a recorded plan.
Any combination of materials assembled at a fixed location
and requiring attachment to the land through pilings, footings, foundations
and the like, to give support or shelter and/or provide for human
habitation or use, such as a building, bridge, trestle, tower, framework,
retaining wall, tank, tunnel, tent (if more than 150 square feet in
area and erected for more than 10 days, or if used for commercial
purposes for any amount of time), stadium, reviewing stand (for more
than 10 days), platform, bin, fence, sign, flagpole, swimming pool,
or the like.
A structure in which the interior is entirely contained/surrounded
by solid sides (not including doors and windows).
Water on the earth's surface exposed to the atmosphere, such
as rivers, lakes, streams, the oceans.
A wetland dominated by shrubs or trees.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches (610 mm) deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
[Added 6-8-2015 ATM]
An establishment where alcoholic beverages are sold, as authorized
by MGL c. 138, with or without food, to be served to and drunk by
patrons in plain view of other patrons, all entrances to which shall
open directly from a public way.
A building designed to enclose an area constructed for playing
tennis with at least four walls, a roof and a door.
An improved area used for playing tennis that is not enclosed
in a building or a structure and does not offer any protection from
the elements.
The configuration of a surface area showing relative elevations.
The original upper layer of soil material to a depth of six
inches, which is usually darker and richer than the subsoil.
A building or structure typically higher than its diameter
and high relative to its surroundings that may stand apart, or be
attached to a larger structure, and that may be fully walled in or
of skeleton framework.
Any substance or mixture of such physical, chemical or infectious
characteristics in sufficient quantity as to pose a significant actual
or potential hazard to water supplies, or other hazard to human health,
if such substance or mixture were discharged to land or waters of
this Town. Toxic or hazardous materials include, without limitation,
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalines, pesticides, herbicides, solvents,
thinners, including the 129 priority toxic pollutants established
by the U.S. Environmental Protection Agency.
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying materials,
goods or objects, or as a temporary office.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use customarily 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.
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 thereto and permitted under this bylaw shall be considered
an accessory use. There shall be only one principal use on each lot,
unless otherwise permitted in this bylaw.
Such departure from the terms of this bylaw as the Board, upon appeal in specific areas, is empowered to authorize under Article X.
A building used primarily for the storage of goods and materials.
A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment, but excluding bulk
storage of materials that are inflammable or explosive or that created
hazardous or commonly recognized offensive conditions.
Wastewater arising from ordinary domestic water use as from
toilets, sinks and bathing facilities, and containing such concentrations
and types of pollutants as to be considered normal waste.
Any discarded solid material, putrescible or nonputrescible,
consisting of all combustible and noncombustible solid material, including,
but not limited to, rubbish, garbage, scrap materials, junk, refuse,
inert fill material, and landscape refuse.
Waste material, including solid wastes, sewage, sludge, and
agricultural wastes, that are capable of releasing water-borne contaminants
to the surrounding environment.
Nondomestic, nontoxic, nonhazardous, liquid or solid waste
by-products associated with the manufacture or preparation of a product,
including, but not limited to, hardware, dry goods, foodstuffs, and
printed materials.
An amusement park that features water play areas, such as
water slides, splash pads, spraygrounds (water playgrounds), lazy
rivers, or other recreational bathing, swimming, and barefooting environments.
May include a form of artificial surfing or bodyboarding environment
such as a wave pool or FlowRider.
[Added 6-11-2012 ATM]
The area drained by a given stream or river.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that, under normal circumstances, does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." Major types of wetlands include
swamps, marshes and bogs.
All equipment, buildings, and structures with which a wireless
communication service provider broadcasts and receives the radiofrequency
waves which carry its services and all locations of said equipment
or any part thereof. A wireless communication facility may also include
equipment used by governmental agencies for public safety communications.
[Added 11-12-2013 STM]
An entity licensed by the Federal Communications Commission
(FCC) to provide wireless communication services to individuals, businesses
or institutions.
[Added 11-12-2013 STM]
Fixtures or equipment, other than any support structure such
as a tower, used for the wireless transmission and reception of radio
signals, excluding equipment owned and operated under an amateur radio
operator license, including:
Reception and transmission equipment and fixtures such as antennas,
panels or communication dishes of not greater than 30 inches in diameter
and similar devices;
Any accessory mechanical, electronic, or telephonic equipment,
fixtures, wiring and protective covering customary and necessary to
operate such wireless communication equipment.
A wireless communication transmitter/receptor shall not serve
to transmit signals from broadcast television and/or radio stations.
Any indoor wireless communication transmitter/receptor mounted
inside or supported entirely within a nonresidential building or structure
(including, without limitation, cupolas, church spires, inactive smokestacks,
and the like) which is occupied and/or used primarily for other purposes.
Said transmitter/receptor shall be shielded from view from outside
of the existing building or structure.
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings,
or such projections as are expressly permitted in these regulations.
The minimum depth or width of a yard shall consist of the horizontal
distance between the lot line and the nearest point of the foundation
wall of the main building.
An open, unoccupied space extending across the full width
of the lot between the front-most main building and the front lot
line. The depth of the required front yard shall be measured perpendicular
from the nearest point of the front lot line to the required front
building setback line (see Figure A[11]).
An open, unoccupied space extending across the full with
of the lot between the most rear main building and the rear lot line.
The depth of the required rear yard shall be measured perpendicularly
from the nearest point of the rear lot line to the required rear building
setback line (see Figure A[12]).
An open, unoccupied space between the main building and side
lot line, extending from the front yard to the rear yard. The width
of the required side yard shall be measured perpendicularly from the
nearest point of the side lot line to the required side building setback
line (see Figure A[13]).
A specifically delineated area or district in a municipality
within which regulation and requirements uniformly govern the use,
placement, spacing and size of land and buildings.
The dividing of a municipality into districts and the establishment
of regulations governing the use, placement, spacing and size of land
and buildings.
The map or maps, which are part of the Zoning Bylaw, that
delineate the boundaries of zoning districts.
[1]
Editor's Note: See the Use Regulation Schedule included as an attachment to this chapter.
[2]
Editor's Note: MGL c. 151, § 4 was repealed in 1973.
See now MGL c. 19D, Assisted Living.
[3]
Editor's Note: MGL c. 28A, § 9, was repealed in
2008. See now the definitions in MGL c. 15D, § 1A.
[4]
Editor's Note: MGL c. 28A was repealed in 2008. See now MGL
c. 15D, § 1 et seq.
[5]
Editor's Note: MGL c. 28A was repealed in 2008. See now MGL
c. 15D, § 1 et seq.
[6]
Editor's Note: 105 CMR 725 no longer exists. See now the Cannabis
Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.
[7]
Editor's Note: See the Use Regulation Schedule included as an attachment to this chapter.
[8]
Editor's Note: 105 CMR 725 no longer exists. See now the Cannabis
Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.
[9]
Editor's Note: The definition of "rowhouse," which immediately
followed this definition, was repealed 11-19-2018 STM.
[10]
Editor's Note: See MGL c. 41, §§ 81K through
81GG.
[11]
Editor's Note: See the Figures included as an attachment to this chapter.
[12]
Editor's Note: See the Figures included as an attachment to this chapter.
[13]
Editor's Note: See the Figures included as an attachment to this chapter.
