[Amended 11-9-2021 STM by Art. 11; 5-10-2022 ATM by Art. 21; 5-10-2022 ATM by Art. 22; 5-10-2022 ATM by Art. 26; 5-15-2024 ATM by Art. 25; 11-12-2024 STM by Art. 5; 5-14-2025 ATM by Art. 22; 5-14-2025 ATM by Art. 21]
A.
For the purpose of this bylaw, certain terms and words shall have the meaning given herein. Words used in the present tense include the future. The singular number includes the plural, and the plural the singular. The word "used" or "occupied" includes the words "designated," "arranged," "intended," or "offered" to be used or occupied. The word "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. ACCESSORY DWELLING UNIT ACCESSORY USE OR BUILDING ADULT BUSINESS ADULT DAY-CARE (DROP-IN) FACILITY AFFORDABLE HOUSING (AFFORDABLE UNIT) AFFORDABLE HOUSING DEVELOPMENT AGE-RESTRICTED DWELLINGS/HOUSING AGRICULTURAL ALTERATIONS ANIMAL HOSPITAL AND CLINIC APPLICANT AQUIFER AQUIFER RECHARGE AREA, PRIMARY AQUIFER RECHARGE AREA, SECONDARY AS OF RIGHT AS-OF-RIGHT SITING ASSISTED LIVING FACILITY ATHLETIC COURT AUCTION GALLERY AUTO FREIGHT STORAGE BASE FLOOD BED-AND-BREAKFAST BIOTECHNOLOGY BOARDINGHOUSE BUILD FACTOR BUILD-TO LINE BUILDING BUILDING COMMISSIONER BUILDING PERMIT BUILDINGS, PROFESSIONAL(1) (2) (3) BUSINESS CORE BUSINESS OFFICES CHILD-CARE FACILITY CLUB COLLECTION STATION FOR LAUNDRY OR DRY CLEANING COMMERCIAL COMPOSTING COMMERCIAL SERVICE CONTRACTOR'S HEADQUARTERS CONVENIENCE STORE CRAFT WORKSHOP DAY CARE, FAMILY HOME DEMOLITION DESIGNATED LOCATION DEVELOPMENT DRIVE-UP WINDOW DRY CLEANING or POWER LAUNDRY DWELLING DWELLING UNIT DWELLING, SINGLE-FAMILY EARTH REMOVAL ELECTRIC VEHICLE (EV) ELECTRIC VEHICLE CHARGING STATION ELECTRIC VEHICLE CHARGING STATION, COMMERCIAL ELECTRIC VEHICLE INFRASTRUCTURE ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) EXERCISE/AEROBIC STUDIO FAMILY FARMER'S MARKET FAST-FOOD RESTAURANT FLOOD BOUNDARY AND FLOODWAY MAP FLOODWAY FLOODWAY DATA FOOTPRINT FRONTAGE FRONTAGE SIDE FULFILLMENT CENTER FUNCTIONALLY DEPENDENT USE GARAGE REPAIR SHOP GOVERNING WATER PROTECTION DISTRICT GREENHOUSE GROCERY STORE GROSS FLOOR AREA GROUNDWATER HARD GOODS HAZARDOUS WASTES HEALTH CLUB HEIGHT, BUILDING HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) HOME OCCUPATION(1) (2) (3) (4) (5) (6) (7) HOSPICE HOTEL IMPERVIOUS SURFACE INDOOR COMMERCIAL RECREATION INN INTERIM WELLHEAD PROTECTION AREA JOB PRINTING KENNEL KENNEL ENCLOSURE KENNEL, COMMERCIAL BOARDING OR TRAINING KENNEL, COMMERCIAL BREEDER KENNEL, PERSONAL LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION LIFE CARE CENTER LIMITED-USED MOTOR VEHICLE SALES LOADING SPACE, OFF-STREET LOT LOT COVERAGE LOT LINE MANUFACTURING MEDICAL MARIJUANA TREATMENT CENTER MINING OF LAND MULTIFAMILY HOUSING NATURE CENTER(1) (a) (2) (a) (b) (c) (d) (e) (f) NEW CONSTRUCTION NONCONFORMING NONCONFORMING USE OR STRUCTURE NONPROFIT PRIVATE CLUB NURSING HOME ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION OUTDOOR BUSINESS OUTDOOR COMMERCIAL RECREATION OUTDOOR STORAGE PARKING AREAS PARKING SPACE PEDESTRIANWAY PERMIT GRANTING AUTHORITY PHYSICAL THERAPY AND REHABILITATION FACILITY PLANNED MULTILOT DEVELOPMENT PROCESS WASTEWATER PUBLIC WELL RATED NAMEPLATE CAPACITY RECHARGE RECHARGE AREAS RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY REQUIRED CIRCLE RESEARCH AND LABORATORY FACILITIES RESIDENTIAL DWELLING UNIT RESPITE FACILITY RESTAURANT RESTAURANT, FAST-FOOD RESTAURANT, TAKEOUT RETAIL NURSERY RETAIL SALES RETAIL SERVICES ROADSIDE STAND, PERMANENT ROADSIDE STAND, TEMPORARY SATURATED ZONE SCOREBOARD SCRAPYARD SENIOR CENTER SHOPPING MALL/MALL SIGN SITE PLAN REVIEW SITE PLAN REVIEW AUTHORITY SOFT GOODS SOLAR ENERGY OVERLAY DISTRICT SOLAR PHOTOVOLTAIC ARRAY SOLID WASTE SPECIAL FLOOD HAZARD AREA SPECIAL PERMIT GRANTING AUTHORITY SPORTS MEDICINE FACILITY START OF CONSTRUCTION STORMWATER RECHARGE SYSTEMS STREET STRUCTURE(1) (2) SUBSTANTIAL REPAIR OF A FOUNDATION SURFACE WATER TAKEOUT RESTAURANT TOWN HALL TOXIC OR HAZARDOUS MATERIALS(1) (a) (b) (c) (d) (e) (2) TRAILER HOME INCLUDING MOBILE HOME TRUCKING TERMINAL USABLE FLOOR AREA VARIANCE VARIETY STORE VIOLATION VISUAL ARTS AND VIDEO PRODUCTION WAREHOUSE WATER SUPPLY WATER SUPPLY PROTECTION DISTRICT WIRELESS COMMUNICATION FACILITY YARD ZONE I: WELLHEAD PROTECTION AREA ZONE II: PRIMARY RECHARGE PROTECTION AREA ZONE III: AQUIFER OR SECONDARY PROTECTION AREA
Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary.
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and iii) is subject to such additional restrictions as may be imposed by the Town of Norfolk, including, but not limited to, additional size restrictions and restrictions or prohibitions on Short-term Rental. An Accessory dwelling unit may be attached to the principal dwelling or detached as a standalone structure that is clearly subordinate to the principal dwelling.
The use of land or a building customarily incidental to, and located on the same lot with, the principal use or building.
Any establishment which is distinguished or characterized by its emphasis on sexually oriented materials or entertainment depicting and/or describing conduct or acts of a sexually explicit nature and as further defined in MGL c. 272, § 31. Examples of such establishments include adult bookstores, adult video stores, adult motion-picture theaters, adult paraphernalia stores and adult live entertainment in which a substantial or significant portion of their stock-in-trade, displays and/or presentations relate to sexual conduct, sexual excitement, or are pornographic.
Premises or buildings used for the provision of supervised care for adults or the elderly on a daily basis.
A dwelling unit that is subject to a restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.
Any new housing development in a residential district filed under state and/or federal grants that would contain a proportion of single-family dwellings affordable to persons of low or moderate income [as defined and determined by Commonwealth of Massachusetts Department of Housing and Community Development (DHCD)].
Dwelling units for only adult residents of which at least one is 55 years of age and older. Such dwellings shall have this age restriction as part of the deed for the dwelling and/or property.
Property or buildings upon or within which agricultural, horticultural or floricultural products are grown or produced on premises, provided that the subject property contains a minimum of five acres.
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement whether by extending on a side or by increasing in height, or the moving from one location or position to another.
A facility for the medical treatment of animals operated by a licensed veterinary professional, but including the boarding of animals within the facility building incidental to the hospital facility.
The owner(s) of record or the legally authorized agent of the owner(s) of record.
A geologic formation composed of rock or saturated material that contains significant amounts of potentially recoverable water.
Areas which are underlain by surficial geologic deposits, including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of water supply wells.
Areas which are underlain by surficial geologic deposits, including till or bedrock, and in which the prevailing direction of surface water flow is toward public water supply wells or potential sites for such wells.
Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
Development of a solar photovoltaic installation may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with the Zoning Bylaw. Projects cannot be prohibited, but can be reasonably regulated by the Building Commissioner and the Planning Board as site plan review authority.
A residential facility, designed primarily for elders, including supportive services but not permanent provisions for allied nursing facilities or nursing services.
An area upon which tennis, handball, basketball, racquetball, volleyball, squash or paddle tennis is played.
A building within which goods and materials, except motor vehicles, are offered for auction to members of the public by a licensed auctioneer.
A facility which provides for the short-term storage of up to 150 motor vehicles per business that are in operating condition and for which an order has been placed to transport the vehicle to or from another location by means of a car carrier or to store the vehicle for an owner for up to nine months and for which service of on-site stored motor vehicles only is allowed and no on-site sale of motor vehicles is permitted except as may be authorized by state law for abandoned vehicles or nonpayment for services rendered.
The flood having a 1% chance of being equaled or exceeded in any given year (more commonly referred to as the "100-year flood event").
A private, owner-occupied residence with accommodations for overnight guests for a fee, provided that no more than three rooms in any building may be used for such accommodations.
A building or group of buildings used by an enterprise for conducting research and/or diagnostic testing and development in the life, biological and chemical sciences using accepted practices defined by the Commonwealth of Massachusetts. The purpose and products of biotechnology enterprises include develop, manufacture and produce commercial materials for human and animal health care; food consumption, agricultural applications and environmental protection by application of scientific data and techniques of engineering and technology. For definition purposes, "biotechnology" may include the use of laboratory facilities but shall not include conventional food or alcohol production activities, or the production of biowarfare agents, but would include biosafety Level I and II agents posing no or limited health hazards according to regulations of the Commonwealth of Massachusetts.
Any dwelling in which two or more persons, not members of the family dwelling on the premises, 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 the 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 ratio of lot perimeter to lot area which limits the degree to which a lot may have an irregular shape according to the formula set forth in § 310-5.1E.
A line establishing a location for a building's or structure's facade or vertical face, located on or referenced to the lot's frontage.
A structure enclosed within exterior walls or fire walls, built, erected, and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property. For the purposes of this definition, “roof” shall include an awning or any similar covering, whether or not permanent in nature.
The Town of Norfolk Building Commissioner or the person or board charged with the enforcement of this Zoning Bylaw.
A construction permit issued by the Building Commissioner; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing ground-mounted large-scale solar photovoltaic installations.
A building or group of buildings used for the offices and facilities accessory to the practice of licensed medical practitioners, clergypersons, lawyers, accountants, architects, engineers or other members of a recognized profession. For the purpose of this definition:
"Licensed medical practitioners" shall include physicians, dentists, optometrists, ophthalmologists, Christian Science practitioners, chiropractors, and persons engaged in all fields related generally to medicine, but not including veterinarians;
"Other members of a recognized profession" shall not include persons whose use of such building or group of buildings involves manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials and products which are physically located on the premises; and
"Professional buildings" shall not include a veterinary hospital or inpatient health care facilities.
That part of the B-1 District which is west of Carlson's Circle.
Facility for the transaction of business exclusive of the receipt, retail sale, or processing of merchandise.
A child-care center or school-aged child-care program as defined in MGL c. 15D, § 1A, provided that the ground area covered by the building in which such business is located does not exceed 2,500 square feet.
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.
A retail service establishment where customers bring and pick up their laundry or dry cleaning. No laundering or dry cleaning is done on the premises. The on-site service may include tailoring and clothing repairs.
A site or building where organic matter, such as leaves, manure, peat, grass clippings, tree branches or shredded tree materials, is converted to compost or fertilizer and sold to or used by the general public, landscapers, retailers, and wholesalers.
A professional building, business office or other commercial building which provides goods or services other than retail sales as its principal function.
A building which serves as the office space and staging area of a building contractor, plumbing contractor, or electrical contractor, excluding those contractors primarily involved in the excavation or the relocation or transfer of earth. All vehicles or equipment garaged at the site are to be stored inside the building. Storage of materials and supplies shall be screened from view from the frontage and all property lines.
A grocery store or variety store with less than 5,000 square feet gross floor area.
A business involving not more than eight artists, artisans, craftsmen, or other skilled people or employees on premises at any one time who are engaged in the indoor production and sale of: wood carvings, baskets, cabinetry, ceramics, clothing, flower arrangements, jewelry, musical instruments, paintings, pottery, sculpture, children's toys, woven objects, ceramics, hand-blown glass objects, dolls, silver goods or other goods fabricated of precious metals, photographs, candles, graphic arts, taxidermy and leather goods (not including tanning or processing), picture framing, woodworking, candles and artwork.
Any dwelling unit licensed by the Commonwealth of Massachusetts and providing daily care for six or fewer children under the age of six years, where fees are charged.
Any act of pulling down, destroying, removing or razing a building or structure, or commencing the work of total or substantial destruction with the intent of completing same.
The location designated as the Solar Energy Overlay Zone, in accordance with MGL c. 40A, § 5, where large-scale ground-mounted solar photovoltaic installations may be sited as-of right. Said location shown on Assessors Map 09, Block 32, Lot 32; Assessors Map 9, Block 32, Lot 33; Assessors Map 9, Block 32, Lot 7; Assessors Map 9, Block 32, Lot 76; Assessors Map 9, Block 32, Section 19; Assessors Map 9, Block 32, Section 17 and Assessors Map 15, Block 32, Lot 27, pursuant to MGL c. 40A, § 4. This map is hereby made a part of this Zoning Bylaw and is on file in the office of the Town Clerk.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials (U.S. Code of Federal Regulations, Title 44, Part 59).
A premises where persons, while in their cars, are served, purchase, or consume, as appropriate, banking services, food, or goods.
A building where retail/wholesale laundry and/or dry cleaning is done, including on-site commercial cleaning of carpets and rugs.
Any structure or building used in whole or in part for human habitation.
Quarters for a single family.
A building occupied by a single family and having no party wall or walls in common with an adjacent structure.
Moving, stripping, digging or excavating soil, loam, sand or gravel and removal from one lot or parcel and transported to another.
An electric vehicle is a vehicle that can be powered by an electric motor that draws from a battery and is capable of being charged from an external electrical power source. An electric vehicle (EV) includes both a vehicle that can only be powered by an electric motor that draws electricity from a battery and a vehicle that can be powered by an electric motor that draws electricity from a battery and by an internal combustion engine (plug-in hybrid electric vehicle or PHEV).
A public or private parking space that is served by electric vehicle supply equipment (EVSE) that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. Electric vehicle charging stations may be either networked or standalone (non-networked) type stations.
An EVSE, or group of EVSEs, at a certain location where every EVSE within that group is owned and operated by a person or entity, and which requires users to pay the EVSE owner a fee for the electric vehicle charging services.
Structures, machinery and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations.
A device or system designed and used specifically to transfer electric energy to an electrical vehicle, either as a charge transferred via physical or wireless connection by loading a fully charged battery or by other means.
A commercial establishment open to the public for a fee that provides services and facilities for physical fitness training, which includes but is not limited to yoga, walking, running, swimming, cycling, rowing, boxing, dancing, handball and racket sports. Other similar facilities featuring exercise or other active physical conditioning shall also be considered an "exercise/aerobic studio." Such uses may include meditation, nutrition, and massage as accessory uses.
Any number of individuals residing together on the premises as a single housekeeping unit.
The temporary outdoor retail sale of agricultural, horticultural or floricultural produce between May 15 and November 15.
A public eating establishment where the customer carries the purchased food to a seating area within the premises.
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway.
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (Base Code, Chapter 2, Section 202.)
The best available federal, state, local or other floodway data used to prohibit encroachment in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
The land area occupied by buildings or structures, at the surface of the ground, excluding open porches and loading docks and receiving areas, whether or not enclosed.
That portion of a lot contiguous with a street or street right-of-way line and providing access thereto. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to or abutting streets shall be considered frontage and yards shall be provided under yards in this section. Frontage is to be measured continuously along one street line between side lot lines and their intersection with the street line or, in the case of a corner lot, to the midpoint of the corner arc.
That side of a building or structure which abuts or is closest to the frontage of the lot on which that building or structure is located.
A facility where goods or products are stored on site temporarily, for the purpose of delivery to fulfill consumer orders associated with electronic commerce ("e-commerce" retailers) or similar high capacity and high frequency orders and deliveries. Such facilities may include automated systems, office space, and a pick and pack area to be used by employees for sorting and packaging goods and products for delivery from available, on-site inventory. "Fulfillment center" shall not include typical warehouse uses with local delivery or retail sales with an accessory delivery component.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities (U.S. Code of Federal Regulations, Title 44, Part 59; also referenced standard ASCE 24-14).
Any building in which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
The person or persons responsible for the daily operation and maintenance of the Town water supplies, being under the jurisdiction of the Norfolk Water Department.
A building with a roof and walls made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of agricultural, horticultural or floricultural products for retail or wholesale sale or distribution.
A retail store selling branded, packaged comestibles, beverages and staple foodstuffs.
The sum of the horizontal areas of the floor(s) of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding interior parking spaces, loading space for motor vehicles, unoccupied attic space, or any space where the floor-to-ceiling height is less than six feet.
All water found beneath the surface of the ground, including, without limitation, the slowly moving subsurface water present in aquifers and recharge areas.
Retail merchandise comprised in whole or in part of hard or durable materials such as metal, wood, glass, plastics, and synthetics (molded or extruded).
A waste, or combination of wastes, which because of its quantity, or concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, an increase in serious or incapacitating illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. These wastes shall include, but not be limited to, any wastes which fall within the definitions of hazardous waste under the Hazardous Waste Regulations promulgated by the Department of Environmental Protection, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of MGL c. 21, § 27(8).
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 the grade to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure (U.S. Code of Federal Regulations, Title 44, Part 59).
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The use of a portion of a dwelling or accessory building thereto as an office, workshop, or studio by a resident of the premises, provided that:
The occupation does not employ more than one person who is not a resident of the premises;
The occupation is clearly incidental to the use of the premises for residential purposes and does not occupy an area greater than 25% of the gross floor area of the dwelling;
The occupation does not involve exterior storage or display of material or equipment;
There shall be no sales of merchandise other than that produced on the premises;
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign as provided for in § 310-6.9B(1)(a);
No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood;
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.
A facility that addresses the physical, spiritual, emotional, physiological, social and financial needs of the terminally ill patient and his family through an interdisciplinary team of professionals and trained volunteers in a variety of settings, both inpatient and at home, including bereavement counseling for his family.
A commercial facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreation facilities.
A constructed surface covering, such as asphalt, concrete, brick, tile and flagstone, which restricts the otherwise natural flow of surface waters into the ground.
A building within which the public is invited for a fee or membership charge to participate in athletic or recreational activities, including but not limited to 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, health club, and sports medicine facility.
A commercial facility operated by a licensed inn holder pursuant to MGL c. 140, § 2 et seq.
A one-half-mile radius of a public supply well in the absence of a defined Zone II.
The duplication of printed material on a wholesale or retail basis.
A pack or collection of dogs on a single premises, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.
Indoor or outdoor areas where dogs are held, including cages, fenced-in runs, doghouses, buildings or other structures where dogs are contained temporarily or for extended periods of time.
An establishment used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal; provided, however, that "commercial boarding or training kennel" shall not include an animal shelter or animal control facility, a pet shop licensed under MGL c. 129, § 39A, grooming facility operated solely for the purpose of grooming and not for overnight boarding, or an individual who temporarily and not in the normal course of business boards or cares for animals owned by others.
An establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers or pet shops in return for consideration.
A pack or collection of more than four dogs, three months old or older, owned or kept under single ownership for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed or for use in legal sporting activity or for other personal reasons; provided, further, that selling, trading, bartering or distributing such as breeding from a personal kennel shall be to other breeders or other individuals by private sale only and not to wholesalers, brokers, or pet shops; provided, further, that personal kennels shall not sell, trade, barter, or distribute a dog not bred from its personally owned dog; and provided, further, that dogs temporarily housed at a personal kennel in conjunction with an animal shelter or a rescue registered with the Massachusetts Department of Agricultural Resources may be sold, traded, bartered, or distributed if the transfer is not for profit.
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
A facility which provides residents with private living accommodations, health services such as are provided by a nursing home, dining room and/or prepared food service, communal recreation facilities, and other amenities such as a small commissary or variety store to serve persons who are unable to live wholly independently.
Use of an office, building and/or site to conduct a business requiring a Class 2 license under the provisions of MGL c. 140, § 59, for the sale and preparation of used motor vehicles, but which does not display vehicles for sale on the premises.
An off-street space or berth, on the same lot with a building, for the temporary parking of vehicles while loading or unloading merchandise or material, and which has access to a street or other appropriate means of ingress and egress.
Except at otherwise provided herein, a parcel of land which is defined in a deed or shown on a plan recorded with the Norfolk County Registry of Deeds or Norfolk Registry District. No land which is within the boundaries of a street, accepted, proposed or dedicated, shall be included in determining lot areas.
That portion of the total lot area which is covered by buildings, structures, and impervious surfaces.
A line dividing one lot from another, or from a street or any public place.
A building used for the indoor assembly or fabrication of materials into finished or semifinished goods or products to be distributed and sold at locations off-site, provided that all resulting cinders, dust, glare, gases, odors, smoke, heat, and vapor are confined in a manner as not to create a nuisance or hazard to safety or health to the public.
See § 310-6.14B.
The removal or relocation of geological materials, such as topsoil, sand and gravel, metallic ores, or bedrock.
A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.
A use conducted by a nonprofit entity on one or more parcels designed to educate people about nature and the environment, which may include conservation, agriculture, outdoor passive recreation, educational programs, day camps, nature study, boating, fishing, exercise, and wellness; provided that this use shall require a special permit by the Planning Board and § 310-6.11 site plan approval and shall include the following:
A minimum size of 25 acres, which may include contiguous parcels and/or parcels directly opposite a public or private way, or such reduced minimum size as the Planning Board may authorize by special permit
This use may include the following:
Building(s) used for maintenance, museum, exhibit, sanitary, classroom, and community space purposes only.
A main building that is utilized as a visitor center, which may have kitchen, classroom space and conference rooms along with supporting utilities, including a septic disposal system with associated leaching area.
One dwelling unit may be constructed for an employee or caretaker and their family
Accessory structures over 200 square feet are subject to review through § 310-6.11 site plan approval by the Planning Board.
A charge for admission and/or fees for services provided.
Signage in accordance with § 310-6.9 Sign regulations.
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement (referenced standard ASCE 24-14).
Any lot, use, structure, or building not meeting the requirements of this bylaw but in existence prior to the date of adoption of this bylaw.
Any use or structure which is lawfully in existence or lawfully begun, but which does not conform to the most recent, effective zoning regulations for the district in which such use or structure exists.
A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
A facility with an organized professional staff and permanent facilities, including inpatient beds, that provides continuous nursing and other health-related psychosocial and personal services to patients who are not in an acute phase of illness but who do require care on an inpatient basis.
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
Any business use conducted in the out-of-doors (outside a building or structure) for more than five consecutive days, or more than 15 days in any calendar year, except those uses which are necessary, incidental, or accessory to an indoor business use within the B-1 District or a farmer's market.
Land, including accessory structures, on which the public is invited for a fee or membership charge to participate in any of the following athletic or recreational activities: soccer, football, baseball, softball, cricket, basketball, running, bicycling, golf, miniature golf, golf driving range, par-three golf, tennis, handball, racquetball, paddle tennis, boating, training facilities for baseball/softball/soccer/golf, croquet, polo, badminton, bocce, frisbee, shuffleboard, horseshoes and swimming.
Placement of supplies, materials, goods, products, or surplus materials outside a building or structure for more than five consecutive days or more than 30 days in any calendar year unless screened from view from the frontage and all property lines, except automobile and light truck Class 1 sales. Any storage which is not in a structure with roof, floor and at least three sides, all of impervious material.
One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.
An area to provide pedestrian access from and parallel to the street, consisting of a three-foot-wide grass strip adjacent and parallel to the frontage, and an eight-foot-wide walkway constructed primarily of impervious surface adjacent and parallel to the grass strip. The walkway width may include tree plantings if such plantings are covered with a walkable metal grate at ground level.
A facility which provides professionally staffed programs for the restoration and development of function lost or impaired by trauma, accident or pathology.
Development of not less than 80,000 square feet of land into a group of lots or building sites as a part of a common scheme so that such lots or building sites need not be self-sustaining and adequate, common provisions are made for parking, drainage, septic disposal and other infrastructure needs of the lots, buildings and structures so accommodated.
Nondomestic, nontoxic, nonhazardous liquid waste associated with the manufacture or preparation of a product, including, but not limited to, hardware, dry goods, foodstuffs, and printed materials.
A well providing potable water to at least 15 service connections or serving on a regular basis at least 25 people.
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
The process by which water is added to the saturated zone of any aquifer either by direct infiltration of precipitation or by indirect inputs from surface sources or from adjoining subsurface sources and either by reason of natural flow or by reason of pumping from a present or future public well.
Any area which collects precipitation or surface water and carries it to aquifers. Recharge areas include areas designated in 310 CMR 22.00 as Zone I, Zone II, and Zone III.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use (U.S. Code of Federal Regulations, Title 44, Part 59).
See "floodway."
A circle with a diameter equal to the required frontage.
A facility that engages in research or research and development, of innovative ideas in technology-intensive fields and does not include the mass manufacture, fabrication, processing, or sale of products, but may include laboratory facilities. This use can operate with minimal external effects, such as noise, odor, smoke, dirt, and vibration.
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
A facility providing short-term custodial care on a residential or day-care basis to older adults, including food service and twenty-four-hour supervision and nursing care, as appropriate, with a view to providing the individual's family or other caregiver a respite from the provision of such care.
A facility for the serving of food or beverages only to persons inside a completely enclosed building where the food or beverages are consumed.
See "fast-food restaurant."
See "takeout restaurant."
A retail business primarily selling plants, shrubs, and trees for transplanting; lawn and garden supplies; and landscape materials.
Establishments providing merchandise for retail sale to the general public; e.g., apparel stores, bookstores, florist shops, sporting goods stores.
Establishments providing retail services on the premises to the general public; e.g., barbershops, beauty shops, travel agencies.
A structure open to the weather left in place year-round, used for seasonal sale of raw produce, the major portion of which is raised on the premises.
A structure as above, but removed for not less than six months out of the year.
The thickness of permeable soil or bedrock actually saturated with water under normal conditions of temperature and pressure.
A board displaying only athletic event information; said board shall not exceed 30 square feet in area. No scoreboard shall be higher than 15 feet from the average finished grade of adjoining ground to the top of the scoreboard. A scoreboard shall not be internally illuminated but may be externally illuminated with white light only, and such lighting shall be shielded and focused not to extend beyond the scoreboard border. A scoreboard shall be located within 50 feet of its respective athletic field.
An area of land, or a building, within which waste or scrap materials are bought, sold, exchanged, stored or otherwise handled, including, without limitation, auto wrecking yard and junkyard.
A facility for adults aged 55 and older that provides meals, meetings, activities, and educational programs, provided that the ground area covered by the building in which such facility is located does not exceed 1,700 square feet per acre of property.
Any group of stores, shops, offices, or businesses which deal directly with the public which has been developed according to a common plan.
Any letter, word, symbol, drawing, picture, design, device, article or object that advertises, calls attention to or indicates any premises, persons, products, businesses or activities, or that conveys or is intended to convey any message whatever the nature of the material and manner of composition or construction. (Historical date plaques or markers approved by the Historical Commission, flags and insignia of governmental jurisdictions and scoreboards shall not be considered signs except when displayed for the purpose of commercial promotion.)
Review by the site plan review authority pursuant to § 310-6.11 to determine conformance with the Zoning Bylaw.
For purposes of this bylaw, "site plan review authority" refers to the Planning Board.
Retail merchandise comprised primarily of fiber or fabric materials, including apparel and, as examples, dining/kitchen/bath linens.
This district shall include land under the control of the Department of Public Works on the east side of Medway Branch, specifically property identified as Assessors Map 09, Block 32, Lot 32 and Assessors Map 15, Block 32, Lot 27, which is a part of this Zoning Bylaw and on file with the Town Clerk.
An arrangement of solar photovoltaic panels.
Any unwanted or discarded solid material as defined in 310 CMR 19.00, with the exception of brush, yard trimmings and grass clippings.
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH (Base Code, Chapter 2, Section 202).
Includes the Zoning Board of Appeals and Planning Board as designated by this bylaw for the issuance of special permits. In accordance with MGL c. 40A, § 9, a city or town may provide within its zoning ordinance or bylaw that certain classes of special permits shall be issued by one special permit granting authority and others by another special permit granting authority.
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.
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling); the installation of streets or walkways; excavation for a basement, footings, piers or foundations; the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building (Base Code, Chapter 2, Section 202).
A system for groundwater recharge which does not degrade groundwater quality.
A public way, or a way shown on a plan approved in accordance with the Subdivision Control Law,[1] or a way in existence on March 31, 1954, 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 the 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. A way that has not been accepted as a public way, and which is shown on a plan approved in accordance with the Subdivision Control Law, shall not be deemed a street until it has been constructed to an extent which the Planning Board, in its conditions of approval, specifies as sufficient to provide access to the lots thereon.
A combination of materials assembled to give support or shelter, such as buildings, towers, masts, sheds, roofed storage areas, swimming pools, signs; but not including septic tanks and septic systems, and accessory facilities associated with the provision of utilities such as drains, wells, transformers, and utility poles.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home (U.S. Code of Federal Regulations, Title 44, Part 59).
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (as amended by MA in 9th Edition BC).
All surface water bodies and wetlands protected under MGL c. 131, § 40.
An establishment primarily retailing cooked food for consumption off the premises, excluding bakeries.
A publicly owned municipal building which contains offices of Town departments and which may contain police offices, public meeting rooms and other like public facilities.
Any substance or mixture of such physical, chemical, or infectious characteristics as to pose a significant, actual, or potential hazard to water supplies, environmental quality, or to human health, if such substance or mixture were discharged to land or waters of the Town. Toxic or hazardous materials include, without limitation, petroleum products, heavy metals, radioactive materials, pathogenic or infectious wastes, solvents, thinners, and other materials which are listed as toxic, hazardous or a priority pollutant by the United States Environmental Protection Agency under any of the following laws:
Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.;
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;
Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq.; and
Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.
A structure used as a dwelling, mounted on wheels with at least one axle; structure may be either mobile or standing on fixed supports.
Business which services or repairs commercial trucks which are not owned by the business.
The sum of the horizontal areas of all floor areas of a building measured from the exterior face of exterior walls, excluding walls, circulation systems such as hallways, lobbies, elevators, lavatories, unoccupied attics and basements, and those areas used only for the storage of mechanical equipment for maintaining the building.
A retail store selling a variety of consumer goods for off-premises use or consumption, including but not limited to cosmetics, personal care products, stationery, foodstuffs, gifts, small household appliances, prescription or nonprescription drugs, toys, and seasonal specialty goods.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[2] is presumed to be in violation until such time as that documentation is provided (U.S. Code of Federal Regulations, Title 44, Part 59).
A building use primarily engaged in producing, or producing and distributing motion pictures, videos, television programs, or television commercials.
A building used primarily for the storage of goods and materials, excluding retail sales.
A groundwater aquifer and surface water recharge to a groundwater aquifer which is a present or potential future drinking water supply source for the Town of Norfolk.
The total area of the well aquifer defined in total as including Zone I, Zone II, and interim wellhead protection area which is intended to be protected under this bylaw.
A facility (with antennas, monopole tower and equipment building, if any) designed to facilitate the following types of services: cellular telephone service, personal communications services, and extended specialized mobile radio service.
An open space, other than an enclosed court, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and a lot line and is not occupied or obstructed from the ground upward by a building or structure, except for accessory structures such as a fence, mailbox, sign, or lamppost.
The area within a 400-foot radius of an existing public well as defined in 310 CMR 22.00.
The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions which can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.00.
The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00.