A.Â
The intent of this article is to provide definitions for certain
terms, words and/or series of words which are to be utilized in the
interpretation of this ordinance, whether or not the definition stated
herein is contrary to common usage or contrary as quoted in a dictionary.
B.Â
For the purpose of this ordinance and unless the context of usage
clearly indicates another meaning, the following terms shall have
the meanings indicated 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"; and the
word "shall" is mandatory and directory, and "may" is permissive.
Any word indicating sex, such as "he" or "she", shall be construed
to mean both sexes.
C.Â
Terms and words not defined herein but defined in the Commonwealth
of Massachusetts Building Code shall have meanings given therein unless
a contrary intention clearly appears. Words not defined in either
this ordinance or the Building Code shall have the meaning given in
the most recent edition of Webster's Unabridged Dictionary. Uses listed
in the Table of Use Regulations under the classes "Retail and Service
Trades" and "Wholesale Trade and Manufacturing" shall be defined by
the Standard Industrial Classification Manual published by the U.S.
Bureau of the Census.[1]
[1]
Editor's Note: The Table of Use Regulations is included as
an attachment to this chapter.
[Amended by Ord. No. 569; eff. 3-2-1999 by Ord. No. 665]
As used in this ordinance, the following terms shall have the
meanings indicated:
The cessation of an existing use of a structure or lot for
24 consecutive months; or the replacement of a nonconforming use or
structure by a conforming use or structure.
[Added eff. 6-1-2005 by Ord. No. 788]
ACCESSORY USEA use customarily incidental to, and on the same lot as, a use permitted in a district, provided the accessory use is not injurious, noxious or offensive to nor inconsistent with the character of said district.
ACCESSORY BUILDINGA building which is incidental to the main building on the same lot and which is devoted exclusively to an accessory use to the main use of the lot.
ACCESSORY APARTMENTSee § 5.7 hereof.
Addition construction or renovation or conversion of not
more than 700 square feet to an existing dwelling or proposed dwelling
for use as a separate housekeeping unit for a member of the family.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other matter 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.
An establishment which features live entertainment which
consists of entertainers engaging in "sexual conduct" or "nudity"
as defined in MGL c. 272, § 31.
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.
Any construction, reconstruction or other similar action
resulting in a change in the structural parts, height, number of stories,
exits, size, use or location of a building or other structure.
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 the clinic or hospital use.
A place where animals are groomed and cared for on a daily
basis but not boarded overnight.
A commercial establishment in which four or more dogs or
domesticated animals are housed, groomed, bred, boarded, trained or
sold.
A building designed or intended or used as the home or residence
of three or more families, each in a separate dwelling unit, living
independently of each other and who may have a common right to halls
and stairways.
Residences for the frail elderly that provide rooms, meals,
personal care and supervision of self-administered medication. They
may provide other services such as recreational activities, financial
services and transportation.
The part of a building which is immediately below and wholly
or partly within the roof framing.
Any building or premises or any portion thereof used for
washing automobiles.
A facility training or instructing individuals to drive a
motor vehicle, of not more than four students at the same time.
The use of any building or land area or other premises for
the display and rental of new or used cars and/or small trucks not
exceeding two tons for rental to individuals or entities for short-term
use.
The average of the finished ground elevation as measured
at the corners of the structure. Only a maximum of four main corners
of the structure shall be used to determine the grade.
A roof-like covering, such as canvas, stretched upon a frame
that is affixed to a building and used above or before any place as
a shelter from rain or sun.
(See Appendix A for diagram.[1]) A portion of a building, partly below grade, which has
more than 1/2 of its height, measuring from finished floor to finished
ceiling, above the average finished grade of the ground adjoining
the building. A basement is not considered a story unless its ceiling
is four feet six inches or more above the average finished grade.
A basement may be used for human occupancy.
Accommodations with not more than six bedrooms occupied by
bed-and-breakfast guests in which the owner of the establishment resides.
Bed-and-breakfasts are intended for guests on intermittent visits,
and shall not be used as long-term rental units or apartments. All
parking for residents and guests shall be off-street.
An off-premises sign controlled by the Outdoor Advertising
Board, which is used for the display of printed or painted advertising
matter. No off-premises billboard, sign or advertising device shall
be erected or maintained unless the height, setback and illumination
requirements set forth herein are met and unless a permit therefor
has been granted by the outdoor advertising authority in accordance
with MGL c. 93, §§ 29 through 33, as from time to time
amended, and such permit is valid and outstanding.
A dwelling or part thereof in which lodging is provided by
the owner or operator to at least three, but not more than six, boarders.
The excavation resulting in the removal of organic, inorganic
or any other substance for use off-site.
See landscape requirements in Article XII.
A strip of land intended to buffer uses on one lot from uses
on an adjourning lot. Such strip shall include natural or planted
vegetation sufficient to provide a visual and noise buffer satisfactory
to the reviewing authority.
A combination of any materials, whether portable or fixed,
having a roof, enclosed within exterior walls or firewalls, built
to form a structure for the shelter of persons, animals or property.
For purposes of this definition, "roof" shall include an awning or
any similar covering, whether or not permanent in nature.
The aggregate of the maximum horizontal cross-sectional footprint
area of all buildings on a lot, exclusive of cornices, eaves, gutters,
chimneys, steps, unenclosed porches, bay windows, balconies and terraces.
Such cornices, eaves, gutters, chimneys, steps, unenclosed and uncovered
porches, bay windows, balconies and terraces may extend beyond the
minimum yard requirements as established in § 6.4,[2] but in no case shall such extension be in excess of five
feet beyond the minimum yard requirements.
The officially established zoning and building enforcement
officer for the City of Methuen. The Building Commissioner may be
appointed Zoning Administrator by the Board of Appeals in accordance
with MGL c. 40A, § 13.
The building area expressed as a percent of the total lot
area.
The cumulative gross floor space of all floors of all buildings
on a lot.
The line established by this ordinance, beyond which a building
shall not extend, except as specifically provided by this ordinance.
A building having open space on all sides.
A building in which is conducted the principal use of the
lot on which it is located.
Any building or structure which does not conform to the dimensional
requirements in this ordinance or to the parking and loading requirements
of this ordinance for the district in which it is located; provided
that such building or structure was in existence and lawful at the
time the applicable provisions of this or prior zoning ordinances
became effective.
One or more buildings containing more than one type of allowed
or allowable business uses more than 50,000 square feet or more of
building floor space.
A roofed structure, unenclosed on two or more sides, which
may serve as a shelter for motor vehicles.
(See Appendix A for diagram.[3]) A portion of a building, partly or entirely below grade,
which has more than 1/2 of its height, measured from finished floor
to finished ceiling, below the average finished grade of the ground
adjoining the building. A cellar is not deemed a story and shall not
be used for human occupancy.
A statement signed by a building official, setting forth
either that a building or structure complies with the Zoning Ordinance
or that a building, structure or parcel of land may lawfully be employed
for specified uses, or both.
A facility used for the care, diagnosis and treatment of
sick, ailing, infirm or injured persons and those who are in need
of medical or surgical attention, but who are not provided with board
or room or are not kept overnight on the premises.
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.
Theater or other place of commercial entertainment completely
enclosed; a structure for recreational, social or amusement purposes,
which may include as an accessory use the consumption of food and
drink, including all connected rooms or space with a common means
of egress and entrance. Places of assembly shall include theaters,
concert halls, dance halls, skating rinks, bowling alleys, health
clubs, dance studios or other commercial recreational centers conducted
for or not for profit.
Drive-in theater, golf course/driving range, bathing beach,
sports club, horseback riding stable, boathouse, game preserve, marina
or other commercial recreation carried on in whole or in part outdoors,
[not including sports producing noise and] except those activities
more specifically designated in this ordinance.
Any cart or wagon or any vehicle which is included in the
definition of a "motor vehicle" given in Chapter 90 of the Massachusetts
General Laws, including but not limited to a passenger car or van
on which is permanently affixed any writing to designate the business
or professional use or affiliation of said car or van, or any truck
or other vehicle which would be classified other than a passenger
vehicle for purposes of registration in the Commonwealth of Massachusetts,
or an auto home or bus, but excluding a passenger car not marked for
business use.
A parcel or parcels of land within the site designated for
a planned unit, multifamily or attached dwellings development, maintained
and preserved for open uses, and designed and intended for the use
or enjoyment of residents of such a development, but not including
public or private parking areas or ways. Common land may contain such
complementary structures and improvements as are necessary and appropriate
for the benefit and enjoyment of residents of such a development,
including walks, patios, benches, playground facilities and terraced
areas. Common land may include a combination of usable open space
and open space land, as defined herein.
The Community Development Board is created under Section
3-11E(1) of the City of Methuen Code and serves as the Planning Board
in accordance with MGL c. 41, § 81K and under the provisions
of MGL c. 40A in such instances as Planning Boards would act.
A facility or area for storage, open or enclosed, for construction,
landscaping or other related business, equipment or materials and
commercial vehicles associated therewith.
(See Appendix A for diagram.[4]) An open, uncovered, unoccupied space partially or wholly
surrounded by the walls of a structure.
The angle formed by a line drawn from the direction of the
direct light rays at the light source with respect to the vertical,
beyond which no direct light is emitted.
A day-care center or school-age child-care program, as those
terms are defined in MGL c. 28A, § 9,[5] or any facility servicing seven or more clients, and operated
on a regular basis, whether known as an elderly day-care facility;
or as a day nursery, nursery school, kindergarten, child play school,
progressive school, child development center, or pre-school, or known
under any other name.
The right to develop additional dwelling units per acre in
exchange for providing affordable housing pursuant to a special permit
issued by the Community Development Board as required hereunder.
Light emitted from the lamp, off the reflector or reflector
diffuser or though the refractor or diffuser lens of a luminaire.
A zoning district as established by Article III of this ordinance.
A dwelling, under the ownership or control of an educational,
charitable or philanthropic organization, which provides separate
rooms or suites for the semi-permanent occupancy of individuals or
groups of up to four individuals per room, with common bath and toilet
facilities and without individual cooking facilities.
A business or commercial establishment which by design, physical
facilities, service or by packaging procedures encourages or permits
customers to receive services, obtain goods or be entertained while
remaining in their motor vehicles.
A portion of a lot, which may be paved, which is not more
than 20 feet in width and is built for access to a garage or off-street
parking or loading space.
A house containing two dwelling units adjoining side by side;
that is, in which no part of one dwelling unit is over any part of
the other dwelling unit and which are totally separated from each
other by an unpierced wall extending from the ground to the roof.
A duplex house shall be considered as one principal building occupying
one lot for the purpose of determining yard requirements.
DWELLINGA structure or portion thereof that is used exclusively for human habitation. The terms "one-family", "two-family", or "multifamily" dwelling shall not include: hotel, lodging house, hospital, membership club, mobile home or dormitory.
DWELLING UNITOne or more rooms designed and equipped for exclusive use of one family to occupy as a housekeeping residence, with permanent provisions for living, sleeping, eating, cooking and sanitation.
SINGLE-FAMILY DWELLING (WITH A SEPARATE LOT)A detached dwelling designed for single-family occupancy that is not attached to any other dwelling by any means and is surrounded by yard and/or open space.
SINGLE-FAMILY DWELLING (WITHOUT A SEPARATE LOT)A detached dwelling designed for single-family occupancy and developed on an approved special permit lot in conjunction with other detached and/or attached dwellings.
TWO-FAMILY DWELLINGA building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from the ground to roof or any unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both units or a pair of semidetached single-family dwellings.
MULTIFAMILY DWELLINGA dwelling designed for three or more families. This definition is intended to include building types commonly known as "garden" or "terrace" apartments.
ATTACHED DWELLINGA building arranged, intended and designed to be occupied as a residence and separated from another attached dwelling on one or both sides either by a vertical party wall or walls without side yards. Also referred to as "townhouses" or "row houses."
Use of land or structures for educational purpose exempt
from regulation pursuant to MGL c. 40A, § 3; those educational
facilities that are located on land owned or leased by the commonwealth,
or any of its agencies or subdivisions or body politic, or by a religious
sect of denomination or by a nonprofit educational corporation.
Educational facilities not exempted from regulation by MGL
c. 40A, § 3.
Includes the words "attached", "built", "constructed", "reconstructed",
"altered", "enlarged" and "moved".
Services provided by public utility or governmental agencies
through erection, construction, alteration or maintenance of gas,
electrical, steam, or water transmission or distribution systems and
collection, communication, supply or disposal systems, whether underground
or overhead. Facilities necessary for the provision of essential services
include poles, wires, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment and accessories in connection therewith.
Specifically excluded from this definition are buildings necessary
for the furnishing of adequate service by such public utility or governmental
agencies for the public health, safety or general welfare.
Any number of persons related to one another by blood, marriage,
adoption or foster care placement, including spouses, children, parents
and grandparents, or no more than four unrelated individuals, all
residing together in a single housekeeping unit under a common housekeeping
management plan based on an intentionally structured relationship
providing organization and stability.
Any private residence operating a facility as defined in
MGL c. 28A, § 9,[6] as amended, 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, and receives for temporary custody and care for a limited
number of hours, children of school age in accordance with regulations
promulgated by the Office; provided, however, that the number of children
under the age of 16 in a large family day-care home shall not exceed
10, including participating children living in the residence. "Large
family day-care home" shall not mean a private residence used for
an informal cooperative arrangement among neighbors or relatives,
or the occasional care of children, with or without compensation therefor.
Any private residence operating a facility as defined in
MGL c. 28A, § 9,[7] as amended. 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. "Small family day-care home" shall not mean
a private residence used for an informal cooperative arrangement among
neighbors or relatives, or the occasional care of children, with or
without compensation therefor.
The assembly that houses a lamp or lamps, and which may include
a housing, a mounting bracket or pole socket, a lamp holder, a ballast,
a reflector or mirror and/or a refractor, lens or diffuser lens.
The limits of flooding from a particular body of water caused
by a 100-year storm event; said flood line to be relocated by the
Federal Emergency Management Agency or like agency.
A street that provides the required lot frontage for a building.
When a lot is bounded by more than one street any one of them, but
only one, shall be designated as the frontage street by the Building
Commissioner, provided that the street meets the frontage requirement
and that the principal permitted building on the lot is numbered on
such frontage street. However, in the case of a lot bounded by two
streets forming an interior angle of more than 135°, their combined
frontage between lot lines may be used to satisfy the lot frontage
requirements.
The continuous portion of the line separating a lot from
a street to which the owner of the lot has a legal right of access
and to which the owner could provide for vehicular access from the
principal building or a required parking space. When a lot is bounded
by more than one street, both frontages and setbacks shall meet the
minimum frontage and front yard setbacks. However, in the case of
a lot bounded by two streets forming an interior angle of more than
135°, their combined frontage between lot lines may be used to
satisfy the lot frontage requirement.
Any building or portion of a building, accessory to and located
upon the same lot as a residential building or upon a lot in the same
ownership and adjacent to the lot on which the served residential
building is located, which is used for keeping of a motor vehicle
or motor vehicles and which does not exceed 1,000 square feet and
one story.
Any building used for the keeping of motor vehicles in which
a business dealing with the storage of such vehicles is maintained
either for profit or public service. Such business shall not involve
the repair or servicing of any motor vehicles.
Light emitted from a luminaire with intensity great enough
to produce annoyance, discomfort or a reduction in a viewer's ability
to see.
A facility for the purpose of athletic fitness and/or exercise
in which individuals can participate singularly or in a group activity.
The vertical distance of the highest point of the roof above
the average grade of the curbline abutting the property. However,
in residential zoning districts where the lot has a slope in excess
of 5%, the height is the vertical distance of the highest point of
the roof above the average finished grade of the ground adjoining
the building, as computed before the building is actually erected.
This definition excludes penthouses, bulkheads and other allowable
superstructures above the roofline.
An area either at ground level or elevated on a structure,
licensed by the federal government or an appropriate state agency
and approved for the loading, landing and takeoff of helicopters,
and including auxiliary facilities, such as parking, waiting room,
fueling and maintenance equipment.
An accessory use carried on entirely within a dwelling unit that is incidental and subordinate to the dwelling use. In connection with such use, there shall be no retail sale of merchandise on the premises. Such use shall be carried on only by the occupant of the dwelling unit in compliance with the provisions of Article V, Use Regulations, § 5.6, Customary home occupations, and shall not in any manner change the residential character of the building.
Home occupations include, but are not limited to, beauty parlors,
fine art studios, dressmaking, teaching of not more than four pupils
simultaneously, real estate, insurance, attorney's, architect's or
engineer's offices, automobile drivers instruction schools, internet
consulting and sales, mail-order businesses, sales representatives,
manufacturers representatives, sale of home party products, home electronics
and small appliance repair and other recognized professions; any and
all of the foregoing only so long as there is no exchange of tangible
goods on the premises. Home occupations do not include barbershops,
funeral homes, commercial stables or kennels, the conducting of a
convalescent or nursing home for more than four persons, restaurants,
motor vehicle repair, landscaping yards or contractor's yards or small
engine repair.
A facility occupied by frail and terminally ill individuals
that provides rooms, meals, personal care and health monitoring services
with an emphasis on pain management/relief, emotional support for
both patients and families provided by an integrated team of medical
professionals. Accommodations for families and caregivers to stay
overnight with patients may also be provided.
A building in which lodging, in lodging units, is regularly
offered to the general public for compensation and which is customarily
open to transient guests.
An off-site facility for bulk dry-cleaning and laundry services
to be delivered to a retail or subscriber's premises, not available
for retail or rental to the general public.
The shining of direct light produced by a luminaire beyond
the boundaries of the lot or parcel on which it is located.
An off-street space at least 12 feet in width, 50 feet in
length and with a vertical clearance of at least 14 feet, having an
area of not less than 1,300 square feet, which includes access and
maneuvering space used exclusively for loading and unloading of goods
and materials from one vehicle. The dimensions of the loading space
may be reduced by the Building Commissioner to not less than 300 square
feet, which includes access and maneuvering space, when it is clearly
evident that service vehicles utilizing said space will not require
the area listed above.
One or more rooms for the semi-permanent use of one, two
or three individuals not living as a single housekeeping unit and
not having cooking facilities. A "lodging unit" shall include rooms
in boardinghouses, bed-and-breakfasts, tourist homes or rooming houses.
It shall not include convalescent, nursing, rest homes; dormitories
of charitable, educational or philanthropic institutions; or apartments.
An area of parcel of land or any part thereof, in separate
or common ownership, designated on a plan filed with the Building
Commissioner by its owner or owners as a separate lot and having boundaries
identical with those recorded in the Northern Essex Registry of Deeds.
The percentage of the total area of a lot covered by buildings,
structures, parking, loading, roadway or driveway areas.
(See Appendix A for diagram.[8]) The property line dividing a lot from a street right-of-way.
(See Appendix A for diagram.[9]) Any lot line which is parallel to or within 45° of
being parallel to a front lot line, except for a lot line that is
itself a front lot line, and except that in the case of a corner lot,
the owner shall have the option of choosing which of the two lot lines
that are not front lot lines is to be considered the rear lot line.
In the case of a lot having no street frontage or a lot of odd shape,
only the one lot line furthest from any street shall be considered
a rear lot line.
(See Appendix A for diagram.[10]) Any lot line not a front or rear lot line.
See table of dimensional controls.
(See Appendix A for diagram.[11]) A lot at the junction of and abutting on two or more
intersecting streets or ways, the interior angle or intersection of
street lot lines or, in the case of curved street, extended lot lines
being not more than 135°.
(See Appendix A for diagram.[12]) A lot, the side lines of which do not abut on a street.
Any lot which does not conform to the dimensional and area
requirements in this ordinance for the district in which it is located;
provided that such lot was in existence and lawful at the time the
applicable provisions of this or prior zoning ordinances became effective,
has at least 50 feet of frontage and contains 5,000 square feet of
area and was not held in common ownership at the time the lot became
nonconforming.
(See Appendix A for diagram.[13])A lot, the front and rear lot lines of which abut streets;
or a corner lot, two opposite lines of which abut streets.
A measure of light energy generated by a light source. One
footcandle is one lumen per square foot. For the purposes of this
section, the lumen output shall be the initial lumen output of a lamp,
as rated by the manufacturer.
A complete lighting system, including a lamp or lamps and
a fixture.
Any use engaged in the basic processing and manufacturing
of food and/or dairy and/or drink products, whether from raw materials
or from previously prepared products, including the packaging, storage,
sales and distribution of such products.
A use engaged in the basic processing and manufacturing of
materials, or the manufacture from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales and distribution
of such products.
Fabrication, processing or assembly employing only electric
or other substantially noiseless and inoffensive motive power, utilizing
hand labor or quiet machinery and processes and free from neighborhood-disturbing
agents, such as odors, gas fumes, smoke, cinders, flashing or excessively
bright lights, refuse matter, electromagnetic radiation, heat or vibration
or hazardous materials and/or chemicals.
The processing and manufacturing of brick, tile, terra cotta,
and cinder block and similar substances to create and/or destroy masonry
or stone materials.
A social, sports or fraternal association or organization
that is used exclusively by members and their guests.
A single structure featuring nonresidential on the first
floor and one or more residential units on any other floor. In the
case of mixed occupancy, the regulation for each use shall apply to
the portion of the building or land so used.
See "hotel; motel."
An establishment, garage or work area enclosed within a building
where repairs are made or caused to be made to motor vehicle bodies,
including fenders, bumpers and similar components of motor vehicle
bodies, but does not include the storage of vehicles for the cannibalization
of parts and no sale of parts.
Premises for the servicing and repair of autos, but not to
include fuel sales.
Premises for the supplying of fuel, oil, lubrication, washing
or minor repair services, but not to include bodywork, painting or
major repairs.
Land or greenhouses used to raise flowers, shrubs and plants
for sale and which is on a parcel of over five acres and which is
exempted by MGL c. 40A, § 3.
Land or greenhouses used to raise flowers, shrubs and plants
for sale and which is on a parcel of five acres or less and which
is not exempted by MGL c. 40A, § 3.
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours to two or more patients who are not
related to the governing authority or its members by marriage, blood
or adoption.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government and generally
furnished with desks, tables, files and communication equipment, but
not including sales with the presence of merchandise.
General offices used primarily for physicians and other medical
related professionals.
An unoccupied space open to the sky on the same lot with
a building. This area must be free of all structures, parking, pavement
or other uses that preclude landscaping.
Open space land within a lot that has a shape, slope, location
and condition that is usable and suitable as a place for active and/or
passive recreation uses in the opinion of the Community Development
Board. Usable open space land shall contain no wetlands as defined
by the Wetland Protection Act, MGL c. 131, § 40, and Department
of Environmental Protection regulations made thereunder; and the Wetland
Protection Ordinance, Chapter 12, Methuen Municipal Code. Each usable
open space shall be a minimum of 1,000 square feet in area and shall
have a minimum width of 20 feet.
A space outside of a building which is used to keep merchandise
for use, goods to be processed or machinery for use, but none of which
is open to or available to the public.
Any person listed in the most recent real estate records
or their duly authorized agent, attorney, purchaser, devisee, trustee,
lease or any duly authorized person having vested or equitable interest
in the use, structure or lot in question.
A deck, building or parking structure or lot, or part thereof,
used or intended to be used for the parking and storage of vehicles
which is operated as a for-profit venture.
A deck, building or parking structure or lot, or part thereof,
used or intended to be used for the parking and storage of vehicles
owned by the general public and which the municipality operates.
A facility providing personal services such as a hair salon,
barbershop, tanning beds, dry cleaning, print shop, photography studio
and the like
The keeping of pigs for any and all purposes.
See § 11.5 hereof.
A vehicular, portable unit designed for travel, camping or
recreational use, including but not limited to the following:
TRAVEL TRAILERA vehicular, portable dwelling unit built on a chassis, being of any length, provided its gross weight does not exceed 4,500 pounds, or being of any weight, provided its overall length does not exceed 28 feet.
PICK-UP CAMPERA portable dwelling unit designed to be mounted on a pick-up truck or chassis, whether or not so mounted.
MOTORIZED CAMPERA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TENT TRAILERA folding structure, constructed of canvas, plastic or similar water-repellant material, designed to be mounted on wheels to be used as a temporary dwelling.
BOAT OR UTILITY TRAILERA vehicle without motive power, designed to be drawn by a motor vehicle and designed for the hauling or storage of a boat, aircraft, snowmobile or other materials.
With respect to a building or structure, any construction
which replaces materials and does not change the height, number of
stories, size, use or location of a structure.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
A building, or portion thereof, containing tables and/or
booths for at least 2/3 of its legal capacity, which is designed,
intended and used for the indoor sales and consumption of food prepared
on the premises, except that food may be consumed outdoors in landscaped
terraces, designed for dining purposes, which are adjunct to the main
indoor restaurant facility.
A restaurant establishment which by design, physical facilities,
service or by packaging procedures encourages or permits customers
to receive services and/or obtain food while remaining in their motor
vehicles.
A facility selling goods, including but not limited to a
bank or financial institution, but not specifically listed in the
Table of Use Regulations[14] and which is not in excess of 140,000 square feet. The
facility shall include the main structure, any area(s) covered or
uncovered in or upon which merchandise is stored or displayed for
sale.
A facility selling goods, including but not limited to a
bank or financial institution, but not specifically listed in the
Table of Use Regulations[15] and which is in excess of 5,000 square feet but less than
20,000 square feet. The facility shall include the main structure,
any area(s) covered or uncovered in or upon which merchandise is stored
or displayed for sale.
A facility selling goods, including but not limited to a
bank or financial institution, but not specifically listed in the
Table of Use Regulations[16] and which is not in excess of 5,000 square feet. The facility
shall include the main structure, any area(s) covered or uncovered
in or upon which merchandise is stored or displayed for sale.
A building containing four or more lodging units.
The horizontal distance measured perpendicularly from the
property line to the building line.
A grouping of retail business and/or service uses, allowed
by right or by special permit, on a single site with common parking
facilities which is planned, constructed and managed as a total entity.
Any word, letter, symbol, drawing, picture, design or any
combination of one or more of the foregoing, located out-of-doors,
which identifies or calls attention to any premises, person, product,
activity or political activity.
Any sign bearing the name of the person or business occupying
the premises on which the sign is erected or the business or activity
transacted or products sold therein or advertising the property itself
or any part thereof as for sale or rent and which contains no other
advertising matter.
The area contained by the edges of a sign where it is placed
on a separate surface, or the surface, or the smallest area which
can be drawn around the textual, symbolic and illustrative matter
of the sign when it is applied directly to a wall.
Any sign whose only purpose is to direct traffic to the proper
entrance or exit within the premises.
Any sign giving no more than the name and address of the
occupant of the premises and of his business thereon, if any, with
the hours open for business.
Any sign that does not come within the foregoing definition
of any sign.
A sign affixed to a wall, but not parallel thereto.
Any sign except a temporary sign, erected on or affixed to
the land and not attached to a building.
Any sign constructed of light materials, which is intended
to be displayed for a short period of time only.
[Amended eff. 2-4-1994 by Ord. No. 498]
TEMPORARY ACCESSORY SIGNOne which is accessory to an activity on the premises, such as the temporary sign of a real estate agent, architect, contractor, painter or other artisan, or a sign advertising a sale or other temporary activity in progress.
TEMPORARY NONACCESSORY SIGNOne referring to an event or activity not related to the premises.
A sign attached and parallel to the wall of a building, but
not projecting by more than 12 inches therefrom, and not including
signs attached to fences unless set back from all lot lines as required
for a building in the district.
For the purpose of calculating the permitted area of wall
signs, the wall area shall be deemed to be that of the portion of
the exterior wall facing the street yard which encloses the business
to which the sign is accessory.
A use of a structure or lot or any action upon a premises that may be permitted under this ordinance only upon application to and the approval of the appropriate board and in accordance with provisions of Article XI.
A kind of open and available facility, either standing alone
or attached to a main building, used to provide immediate automated
service to customers of an institution, which may be accessed by driving
through or walking up to the facility.
A facility where individual portions of the space are rented
to consumers for the temporary indoor storage of business or personal
items.
The portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the floor immediately below, it shall
be deemed to be a story. A basement shall be deemed to be a story
when its ceiling is four feet six inches or more above the finished
grade. A cellar shall not be deemed to be a story. An attic shall
not be deemed to be a story if unfinished and not used for human occupancy.
(See Appendix A for diagram.[17]) An accepted City way, or a way established by or maintained
under county, state or federal authority, or a way established by
a subdivision plan approved in accordance with the Subdivision Control
Law built to specifications or construction guaranteed by adequate
security, or a way determined by the Planning Board to have sufficient
width, suitable grades and adequate construction to provide for the
needs of vehicular traffic in relation to the proposed use of the
land, and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon.
The outside limit of a street layout or way, either existing
or contemplated, to which the public and/or abutters have rights,
dividing the street and the lots which abut the street.
A combination of materials for permanent or temporary occupancy
or use, such as a building, bridge, trestle, tower, framework, retaining
wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming
pool, shelters, piers, wharves, bin, fence, sign or the like.
A row of at least three one-family attached dwelling units
whose sidewalls are separated from other dwelling units by a firewall
or walls. Each unit in the row, or townhouse, may be owned by a separate
owner and shall have its own access at grade level.
Any vehicle, which is immediately portable, and is arranged,
intended, designed or used for sleeping, eating or business, or is
a place in which persons may congregate, including a mobile home,
house trailer or camper. A trailer, whether immediately portable or
no longer immediately portable by virtue of having its wheels removed
or skirts attached, shall be considered a building for the purpose
of this ordinance.
Terminal facilities and/or yard for storage or servicing
trucks and/or freight trains and/or buses with or without a warehouse
for the temporary storage of goods in transit and with or without
maintenance facilities and shall include only the overnight parking
and servicing of buses but not for the boarding of passengers.
Please see § 11.7.
The purpose for which a structure or lot is arranged, designed
or intended to be used, occupied or maintained.
A use 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.
Any use which does not conform to the use requirements in
this ordinance for the district in which it is located; provided that
such use was in existence and lawful at the time the applicable provisions
of this or prior zoning ordinances became effective.
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 ordinance.
A building used primarily for the storage of goods and materials
by the owner of the goods, operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field.
Includes all resource areas subject to protection under the
Wetlands Protection Act (MGL c. 131, § 40) as defined under
310 CMR 10.54, 10.55, 10.56, and 10.57 and the City of Methuen Wetland
Protection Ordinance.
The sale of commodities, primarily in large quantities, on
wholesale terms for resale by a retailer or other wholesaler.
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, transmission, storage, collection and supply equipment,
substations, transformers, service and access roads, and one or more
wind turbines.
Facilities used for the principal purpose of commercial or
public wireless communication uses; such as cellular telephone services,
enhanced specialized mobile radio services, microwave communications,
personal wireless communications services, paging services and the
like, as defined in Section 70A of the Federal Telecommunications
Act of 1996, as amended. Such facilities would encompass frequencies
licensed by the FCC as cellular and PCS providers and shall include
towers, antennas, antenna support structures, panels, dishes and accessory
structures. For purposes of this ordinances, wireless communications
facilities do not include the following accessory uses or structures:
antennas or dishes used solely for residential household television
and radio reception; antennas or dishes used for commercial or public
purposes which are not visible from any neighboring property or public
way or dishes used for those purposes measuring two meters or less
in diameter; nor amateur radio facilities, amateur radio service licenses
issued by the Federal Communications Commission (FCC), provided that
the tower is not used for any commercial use.
The area on the same lot with a principal building, extending
along a lot line or front lot line and inward to the principal building.
The size of a required yard shall be measured as the shortest distance
between the outer face of the building foundation wall and a lot line
or front lot line. Structures which are below the finished lot grade,
including shelters for nuclear fallout, shall not be deemed to occupy
required yards.
(See Appendix A for diagram.[18]) A yard extending for the full width of the lot between
the front line of the nearest building wall or building part and the
front lot lines.
(See Appendix A for diagram.[19]) A yard unoccupied, except by an accessory structure or
accessory use as herein permitted, extending for the full width of
the lot between the rear line of the building wall and the rear lot
line.
(See Appendix A for diagram.[20]) A yard unoccupied, except by an accessory structure or
use as herein permitted, between a building and a side lot line extending
from the front yard to the rear yard. In the case of a lot having
no street frontage or a lot of odd shape, any yard that is not a front
yard or a rear yard shall be considered a side yard.
The Zoning Board of Appeals of the City of Methuen, Massachusetts.
The Board of Appeals, in accordance with MGL c. 40A, § 13,
may appoint, subject to confirmation by the City Council, a Zoning
Administrator. The Board of Appeals may delegate to said Zoning Administrator
some of its powers and duties. The Building Commissioner may also
serve as Zoning Administrator if so appointed.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[2]
Editor's Note: See the Table of Dimensional Requirements included
as an attachment to this chapter.
[3]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[4]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[5]
Editor's Note: MGL c. 28A, § 9, was repealed in
2008. See now MGL c. 15D, § 1A.
[6]
Editor's Note: MGL c. 28A, § 9, was repealed in
2008. See now MGL c. 15D, § 1A.
[7]
Editor's Note: MGL c. 28A, § 9, was repealed in
2008. See now MGL c. 15D, § 1A.
[8]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[9]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[10]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[11]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[12]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[13]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[14]
Editor's Note: The Table of Use Regulations is included as
an attachment to this chapter.
[15]
Editor's Note: The Table of Use Regulations is included as
an attachment to this chapter.
[16]
Editor's Note: The Table of Use Regulations is included as
an attachment to this chapter.
[17]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[18]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[19]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[20]
Editor's Note: Appendix A is included as an attachment to
this chapter.
