The following words and terms shall have the meanings ascribed
to them in this section:
ACCESSORY BUILDING
Any building which is subordinate to and whose use is incidental
and accessory to the use of the principal building on the same lot
or an adjoining lot under the same ownership.
ACCESSORY USE
A related minor use which is neither necessary to the operation
or enjoyment of a lawful principal use or which is appropriate to,
customarily incidental to and subordinate to any such use.
ADULT BOOKSTORE
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.
ADULT CABARET
A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features persons or entertainers
who appear in a state of nudity or live performances which are distinguished
or characterized by nudity, sexual conduct or sexual excitement, as
defined in MGL c. 272, § 31.
ADULT CLUB
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; also an establishment offering activities
or goods or providing services where employees, entertainers or patrons
are engaging in nudity and sexual conduct or sexual excitement, as
defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement, as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment that has, as a substantial or significant
portion of its stock-in-trade, 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.
ADULT USES
Adult bookstores, adult cabarets, adult clubs, adult motion-picture
theaters, adult paraphernalia stores, and adult video stores, as defined
in this article.
ADULT VIDEO STORE
An establishment having, as a substantial or significant
portion of its stock-in-trade, videos, movies or other film materials
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.
AREA
Of a solar photovoltaic system, means the horizontal area
covered by solar photovoltaic equipment, including areas between rows
of collectors and areas covered by related access roads, accessory
structures and electrical equipment.
ASSISTED LIVING
A residential development subject to certification under
MGL c. 19D, which provides room and board; provides assistance with
activities of daily living for three or more adult residents who are
not related by consanguinity or affinity to their care provider; and
collects payments or third-party reimbursement from or on behalf of
residents to pay for the provision of assistance. Dwelling units in
assisted living residences shall not be considered to be multiple
dwellings for the purposes of this chapter.
BUILDING HEIGHT
The vertical distance from the average finished grade within
10 feet of the walls of the building to the highest point of flat
or mansard roofs, including the top of a parapet, or to the mean level
between the eaves and ridge for gable, hip or gambrel roofs.
CLUB CONDUCTED FOR PROFIT
A business which is owned and operated by an individual as
a commercial organization for the purpose of profit. Typical examples,
among others, would include tennis and racquetball clubs. A distinction
is made in this chapter between this definition and nonprofit fraternal
clubs.
COLLECTOR
A device with the primary purpose to collecting solar radiant
energy and converting it into thermal, chemical, or electrical energy.
CONVENIENCE STORE
A retail establishment selling a limited variety of groceries,
beverages and small household items for the primary use of customers
that need a few items in an expedient manner.
DORMER
An extension constructed vertically, projecting through a
sloping roof.
DRIVE-THROUGH
An establishment in which part of the business transacted
is conducted by a customer in or on a vehicle.
DWELLING
Any building used exclusively for human habitation, including
any permitted home occupation, but excluding hotels, motels, lodging
houses, inns or mobile homes.
DWELLING UNIT
One room, or rooms connected together, with complete, independent
housekeeping facilities, including permanently installed kitchen facilities,
arranged or designed for use by only one family, which is physically
separated from other rooms or dwelling units which may be in the same
building.
DWELLING, MULTIPLE
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, in which no portion of the
building below the first story or above the second story is used for
dwelling purposes, including:
A.
APARTMENTSA group of multiple dwellings on a single lot designed for rental of the individual dwelling units or for sale as condominium or cooperative units having common open spaces and designed in accordance with the special requirements as set forth in this chapter.
B.
TOWNHOUSESA group of attached one-family dwelling units, each unit having a separate entrance from the street and having a common open space as regulated in this chapter.
C.
DWELLING, MULTIPLE, CONVERSIONA residential building constructed prior to 1962 and originally designed and built as a single-family dwelling and converted for occupancy by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
D.
DWELLING, MULTIPLE, RESORTA 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 and built in accordance with a special permit granted under provisions of §
199-9.8, in which no portion of the building below the first story or above the third story is used for dwelling purposes.
DWELLING, TWO-FAMILY
A detached building designed for or occupied by two families
living independently of each other.
FAMILY
Any number of individuals related by blood, marriage or adoption
living together as a single housekeeping unit, provided that a group
of not more than five persons keeping house together, but not necessarily
related by blood or marriage, may be considered a family.
FAST-FOOD RESTAURANT
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 building
or off-premises.
FOOD COURT
A group of retail businesses inside the building(s) serving
food intended for the patrons of shopping or outlet centers and centering
upon a common seating arrangement.
FOOD KIOSK
A freestanding structure internal to a shopping center or
outlet center that is intended to sell food to the patrons of said
centers and at which there is no permanent seating.
INVERTER
Electrical apparatus that converts direct current to alternating
current.
LOT
A clearly defined piece of land in one ownership, leasehold
or control of sufficient area and dimensions to meet minimum zoning
requirements for width, area, use and coverage and to provide such
yards and other open spaces as are required herein and having a frontage
on a public street or on a way qualifying under the Subdivision Control
Law.
LOT COVERAGE
The portion of the lot area, expressed as a percent, that
is covered by buildings and structures. Structures below the finished
grade shall not be included in calculating the lot coverage.
LOT FRONTAGE
The distance between the side lot lines at the street line.
LOT WIDTH
The distance between the side lot lines measured in a straight
line at right angles to the mean direction of such lot lines, which
line of measurement shall be at the building setback line. In the
case of a corner lot, the width shall be similarly measured, and,
for the purpose of this measurement only, the front lot line which
has the least dimension shall be considered the front lot line, and
the lot lines adjacent thereto shall be considered the side lot lines.
MOTEL or OVERNIGHT CABINS
Overnight accommodations for automobile tourists in the form
of rows of attached sleeping units, each with separate entrances and
toilet facilities and each with adjacent off-street parking space.
In each case, an office for the renting and management of accommodations
may be included.
MOTOR VEHICLE
A vehicle constructed and designed for propulsion by power
other than muscular power, including such vehicle when pulled or towed
by another motor vehicle, except railroad and railway cars; vehicles
operated by the system known as "trolley motor" or "trackless trolley"
under MGL c. 163 or Section 10 of Chapter 544 of the Acts of 1947;
vehicles running only upon rails or tracks; vehicles used for other
purposes than the transportation of property and incapable of being
driven at a speed exceeding 12 miles per hour and which are used exclusively
for the building, repair and maintenance of highways or designed especially
for use elsewhere than on the traveled part of ways; wheelchairs owned
and operated by invalids; and vehicles which are operated or guided
by a person on foot. The definition of "motor vehicle" shall not include
motorized bicycles. In doubtful cases, the Registrar of Motor Vehicles
may determine whether or not any particular vehicle is a motor vehicle
as herein defined. If the Registrar determines that it should be so
classified, he or she may require that it be registered under MGL
c. 90, but such determination shall not be admissible as evidence
in any action at law arising out of the use or operation of such vehicle
previous to such determination.
MUNICIPAL USE
Any use of land in accordance with the general laws governing
municipal powers and functions.
NONCONFORMING USE
A building, structure or use of land existing at the time
of this chapter, or amendment thereto, which does not conform to the
district in which it is located.
OFFICE PARK/LIGHT INDUSTRIAL
An area planned for occupancy of more than one light industrial
building, with shared common areas and/or parking areas as well as
buildings designed for business offices or research laboratories.
OPEN SPACE
Generally, the land area on a lot not covered by buildings,
structures or parking area, to be used for scenic, landscaping or
recreational purposes, which is accessible and available to all occupants
of dwelling units for whose use the space is intended.
OPERATING CENTER
A series of retail shops and ancillary facilities functioning
as one organization, under one management structure, within the PCVC
District.
PARAPET
The region of an exterior wall that projects above the level
of the roof.
PARKING LOT
Any lot available to the public, whether operated for gain
or not, which is used principally for the short-term parking of motor
vehicles, which is not used for the repair of motor vehicles.
[Added 3-24-2022 STM
by Art. 12]
PLACE OF AMUSEMENT/ASSEMBLY
An establishment engaged in providing amusement or entertainment
for a fee or admission charge and which includes such activities as
dance halls, studios, theatrical productions, bands, orchestras and
other musical entertainment, bowling alleys and billiard and pool
establishments, commercial sports, such as arenas, rings, racetracks
and public golf courses, and coin-operated devices, amusement parks,
swimming pools and expositions.
PLANNED COMMERCIAL VILLAGE CENTER (PCVC)
A group of commercial establishments planned for a minimum fifty-acre lot, with no greater than 400,000 square feet per fifty-acre lot. Said group of commercial establishments involves one or more principal structures, with said structure or structures containing more than 8,000 square feet of gross floor area, with no one tenant occupying greater than 50,000 square feet, located on a site which has been planned, developed and is to be managed as one operating unit and includes parking, highway access, signage and other facilities shared by said establishments. A PCVC shall be subject to the standards in §
199-10.2.
PLANNED UNIT OFFICE OR RESEARCH CENTER
A building or a group of physically interrelated buildings
where the main function is the work usually conducted in professional
business offices and/or the processing, compilation or analysis of
records or data, research activity in the physical or social sciences
or applied research in product development. No manufacturing shall
be permitted. The dimensional and intensity requirements shall be
the same as for a PCVC.
RESORT
A recreational development in one ownership or time share
serving food and providing lodging to vacationers and guests, with
a minimum of 50 rental units, and offering a variety of recreational
facilities, such as swimming, golf, tennis, horseback riding and skiing.
Any accessory use which is either necessary to the operation of a
resort or customarily incidental to such use, including but not limited
to restaurants, snack bars, shops, stables and marinas which are intended
for guests, shall be permitted on the premises.
SITE PLAN
A plan indicating but not limited to the following: the location
of existing and proposed buildings, structures, driveways, parking
areas and other open spaces and all proposed site improvements, including
recreational areas, fences, walks and signs. A site plan or any portion
thereof involving engineering, architecture or land surveying shall
be prepared by a registered engineer, architect, landscape architect
or land surveyor. A site plan may be prepared on one or more sheets
to show clearly the information required in this chapter and to facilitate
the review and approval of the plan.
SMALL SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is entirely roof-mounted
or that, excluding whatever portion is roof-mounted, covers a ground
area of not more than 500 square feet.
SPECIAL PERMIT GRANTING AUTHORITY
The Board of Selectmen, Board of Appeals or Planning Board,
whichever is designated by this chapter for the issuance of special
permits for a particular use or purpose, shall for that use or purpose
be deemed the special permit granting authority.
STORY
That portion of a building contained between any floor and
the floor or roof next above it, but not including any portion so
contained if more than 1/2 of such portion vertically is below the
average grade of the ground adjoining such building.
SUBSTANTIAL OR SIGNIFICANT PORTION
As used for all adult uses in this chapter, shall mean 25%
or more of any one or more of the following: business inventory or
stock of merchandise for sale, rental, distribution, or exhibition
during any period of time; annual number gross sales, rentals, or
other business transactions; annual gross business revenue; hours
during which the establishment is open and involved in adult uses.
TRAILER or MOBILE HOME
Any vehicle or object on wheels and having no motive power
of its own which is so constructed or reconstructed to permit use
and occupancy thereof for human habitation, whether resting on wheels,
jacks, or other foundation and whether or not its mobility has been
completely eliminated.
WIRELESS COMMUNICATIONS FACILITIES
Any and all materials, equipment, storage structures, towers
and antennas, other than customer premises equipment, used by a telecommunications
carrier to provide telecommunications services.