For the purpose of this chapter, certain terms and words shall
have the following meanings. Words used in the present tense include
the future; the singular number includes the plural, 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 always mandatory and not merely directory. Terms and words not
defined herein but defined in the State Building Code or Planning
Board Subdivision Regulations 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, latest edition. As used in this chapter, the following
terms shall have the meanings indicated:
The visible or otherwise apparent intention of an owner to
discontinue a nonconforming use of a structure or lot; or the removal
of the characteristic equipment or furnishing used in the performance
of the nonconforming use without its replacement by similar equipment
or furnishings; or the replacement of the nonconforming use or structure
by a conforming use or structure.
Access to all lots approved under these regulations as well
as all lots approved as ANR lots shall be access which is actual (nonillusory)
access to the building location on the lot. The access shall be provided
by (from) the frontage so that it is not illusory in nature. Access
shall facilitate safe ingress and egress to the building location
within the lot for public safety vehicles in the event of an emergency.
Length, width, grades, topography and adequacy of construction are
all essential components of demonstrating adequate actual access to
the building site on a lot.
In residential districts, one apartment, consisting of separate
living quarters in a principal single-family dwelling.
For the purposes of § 8.1, the following definitions
shall apply:
[Added 2-28-2023 by Doc.
119-BB]
ACCESSORY DWELLING UNIT (ADU)- An ADU is a self-contained housekeeping unit without separate utility meters containing at a minimum both a kitchen and a bath in an owner-occupied one- to three-family home that is either attached to the principal dwelling or in a separate structure on the same property. The ADU installation must maintain the architectural character of the principal dwelling.
ATTACHED ACCESSORY DWELLING UNIT- An ADU created by adding gross floor area to a single-family dwelling after the adoption of this definition.
EXISTING DETACHED ACCESSORY BUILDING- A detached accessory building that is existing as of the effective date of this definition but not occupied as a dwelling unit, that has a foundation, and is a minimum of 350 square feet. Examples are existing garages, barns, and carriage houses.
EXPANDED DETACHED ACCESSORY BUILDING- An existing detached accessory building that is expanded after the effective date of this definition.
NEW DETACHED ACCESSORY BUILDING- A detached accessory building that is not existing as of the effective date of this definition.
PRINCIPAL DWELLING UNIT- A dwelling unit that is permitted as a principal residential use under the zoning code for the City of Haverhill. By way of example, a single-family home shall comprise of one principal dwelling unit, whereas a two-family home shall comprise of two principal dwelling units. An accessory dwelling unit shall not be considered a principal dwelling unit.
The term "by right" for purposes of this definition means that
no special permit is required. All ADUs including "by right" units
must meet all requirements of the State building code and all other
applicable codes and must receive an occupancy permit from the Inspectional
Services Department and all other required permits from the Fire Department
and Inspectional Services Department. If Development Review comments
are not submitted within 30 days of initial submittal from any City
Department above, then approval of that Department will be considered
to have been obtained.
Newsstand, barbershop, beauty shop, coffee shop, restaurant,
sandwich shop, ice cream store, dining room, cafeteria, bookstore,
bakery, candy store, delicatessen, florist, drugstore, bank, ATM and
similar accessory services primarily for occupants or users thereof
within a hotel, office or business building, hospital containing more
than 50 sleeping rooms, or transportation terminal facility. Accessory
retail uses shall not exceed 10% of gross floor area.
A "Social Day Care (SDC) Program" or "Adult Day Health" Program
as those terms are defined by the Commonwealth's Executive Office
of Elder Affairs (EOEA), serving not more than 15 persons.
Includes and is defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin-operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "sexual conduct" as that term is defined in MGL c. 272, s. 31; "sexual devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including: dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other preparations or an establishment with a segment or section devoted to the sale or display of such materials.
ADULT LIVE ENTERTAINMENT ESTABLISHMENTSEstablishments which feature live entertainment which consists of entertainers engaging in "sexual conduct" or "nudity" as defined in MGL c. 272, § 31.
ADULT MINI MOTION PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "sexual conduct" as defined in MGL c. 272, § 31 (as defined below) for observation by patrons therein.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "sexual conduct" as defined in MGL c. 272, § 31, for observation by patrons therein.
For the purposes of § 8.3, the following definitions
shall apply:
AFFORDABLE RENTSThose rents as published from time to time by the United States Department of Housing and Urban Development under that agency's HOME program and shall not exceed the low HOME rent limits for the Lawrence/Haverhill PMSA.
AFFORDABLE SALE PRICE50% of the HOME maximum value limits for Essex County as published from time to time by the Department of Housing and Urban Development under that agency's HOME program.
A way which is 20 feet or less in right-of-way width which
is accepted or devoted to public use by legal mapping or by any other
legal procedure.
Any construction, reconstruction or other action resulting
in a change in the height, number of stories, size, use or location
of a structure.
A clinic for animals to receive health care during normal
working hours.
Facility licensed pursuant to MGL c. 19D.
A building from or within which services such as the repair
or cleaning of automobiles are rendered by an attendant. (See definition
of "self-service fuel station.")
The average of the finished ground elevation as measured
at the corners of the structure. Only a maximum of four main comers
of the structure shall be used to determine the grade.
A portion of a building, partly below grade, which has more
than 1/2 of its height, measured 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 six feet
or more above the average finished grade. A "basement" may be used
for human occupancy. (Also see definition of "cellar.")
An owner-occupied dwelling with not more than six rooms available
for overnight rental, with or without breakfast.
The Zoning Board of Appeals of the City of Haverhill.
The practice of physical adornment by permitted establishments
and practitioners using, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding, and scarification.
This definition does not include practices that are considered medical
procedures by the Board of Registration in Medicine in the Commonwealth,
such as implants under the skin which shall not be performed in a
body art establishment.
A specified place or premises that has been granted a permit
by the Haverhill Board of Health, whether public or private, where
the practice of body art is performed.
In addition to all other requirements of the Haverhill Zoning Ordinance, each lot to be considered a buildable lot shall comply with all requirements of this definition. A buildable lot shall have a contiguous buildable upland area which is at least 50% of the required lot size for the zone in which the lot is located. This buildable upland area shall not exceed slopes of 15% on average. The term "buildable upland" shall mean any land area which is not part of a street, right-of-way or easement and not part of a pond, river, stream or wetland (as defined further by MGL c. 131, § 40 and City of Haverhill Code Chapter 253). In addition to the above requirements, to be considered a buildable lot, any lot retaining less than 40% of total lot area as a natural vegetative area (as defined in this chapter) shall file as part of the site plan for the lot evidence including a narrative statement by a registered professional engineer certifying that such removal of vegetative cover will likely not result in decreased recharge of the groundwater deposit or increased sedimentation of surface waters. The site plan shall indicate any restoration proposals or erosion control measures proposed on the premises.
A combination of any materials, which is fixed, having a
roof, to form a structure for the shelter of persons, animals or property.
(See definition of "trailer.") 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-section area
of all buildings on a lot, exclusive of cornices, eaves, gutters,
chimneys, unenclosed porches, bay windows, balconies and terraces,
expressed as a percentage of total lot area.
The width of a building's exterior which faces, fronts upon
or coincides with a front lot line.
A detached building, the use of which is customarily incidental
and subordinate to that of the principal building and which is located
on the same lot as that occupied by the principal building.
A building having any portion of one or more walls in common
with adjoining buildings.
A building surrounded by open space on the same lot.
A building in which is conducted the principal use of the
lot on which it is located.
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 day-care center or school age child-care program, as those
terms are defined in MGL c. 15D, § 1A.
A shared residential living environment which integrates
shelter and service needs of functionally impaired and/or socially
isolated older persons who are otherwise in good health and can maintain
a semi-independent lifestyle and who do not require the constant supervision
or intensive health care services provided by an institution. Each
resident has his or her own bedroom and may have separate living room,
kitchen, dining area or bathroom and may share living, dining and
bathroom facilities with other persons, such as in a common dining
facility.
Facility serving entities engaged in building, HVAC, electrical,
or plumbing services.
A zoning district as established by Section 2.0 of this chapter.
For purposes of § 9.8, the following definitions
shall apply. All capitalized terms shall be defined in accordance
with the definitions established under the Enabling Laws or § 9.8,
or as set forth in the rules and regulations of the permit approval
authority ("regulations"). To the extent that there is any conflict
between the definitions set forth in § 9.8 and the Enabling
Laws, the terms of the Enabling Laws shall govern.
AFFORDABLE HOMEOWNERSHIP UNITAn affordable housing unit required to be sold to an eligible household.
AFFORDABLE HOUSINGHousing that is affordable to and occupied by eligible households.
AFFORDABLE HOUSING RESTRICTIONA deed restriction of affordable housing meeting statutory requirements in MGL c. 184, § 31, and the requirements of § 9.8.
AFFORDABLE RENTAL UNITAn affordable housing unit required to be rented to an eligible household.
ARTIST LIVE/WORK UNITA residential use that permits up to 50% of the gross floor area of a residential dwelling unit to be used for the production of, showing, and sale of arts and crafts made on the premises by the occupant of said unit. Additionally, for the purposes of this DSGOD, this term shall also mean a building or buildings where a portion of the total space is used for residential purposes and other portions, not to exceed 50% of the gross floor area of a building or buildings, for the production, showing, and sale of arts and crafts produced by the residents thereof.
AS-OF-RIGHT PROJECT or PROJECTA multifamily development, mixed-use development, or townhouse development allowed under § 9.8 as of right without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.
ELIGIBLE HOUSEHOLDAn individual or household whose annual income is less than 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
ENABLING LAWSMassachusetts General Laws Chapter 40R and 760 CMR 59.00.
MULTIFAMILY DEVELOPMENTA residential structure containing four or more dwelling units.
PLAN APPROVALStandards and criteria which a project in the DSGOD must meet under the procedures established herein and in the Enabling Laws.
PLAN APPROVAL AUTHORITYFor purposes of reviewing project applications and issuing decisions on development projects within the DSGOD, the City Council, consistent with MGL Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the "PAA"), and is authorized to approve a site plan to implement a project.
RECREATIONAL USESActive recreational uses, including but not limited to ball fields; and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.
TOWNHOUSE DEVELOPMENTA residential structure containing two or three dwelling units.
ZONING ORDINANCEThe Zoning Ordinance of the City of Haverhill.
Any commercial establishment selling food, frozen dessert
and/or beverages served by attendants to an occupant of a vehicle;
or any commercial establishment selling food, frozen dessert and/or
beverages in an over-the-counter fashion and which has a floor area
ratio that is equal to or less than 0.2.
An open space, located on a lot, which is not more than 30
feet in width as measured along the lot line, built for access to
a garage or off-street parking or loading space.
A privately or publicly owned permanent structure which is
occupied in whole or part as the home residence or sleeping place
of one or more persons. The terms "one-family, two-family or multifamily
dwelling" shall not include a hotel, lodging house, hospital, membership
club, trailer or dormitory.
One or more living and sleeping rooms providing complete
living facilities for the use of one or more individuals constituting
a single housekeeping unit, with permanent provisions for living,
sleeping, eating and cooking and sanitation.
A building containing three or more dwelling units, and including
but not limited to an apartment house, a garden apartment house, a
multifamily dwelling and a townhouse. One model unit for purposes
of property management and/or leasing dwelling units shall be permitted
within each multifamily development if requested and approved with
special permit application.
Services provided by a private utility or public utility
through erection, construction or alteration or maintenance of gas,
electrical, steam or water transmission or distribution systems and
collection, communication, supply or disposal systems. Facilities
necessary for the provision of "essential services" include poles,
wires, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, street name signs, hydrants and
other similar equipment and accessories in connection herewith. Specifically
excluded from this definition are buildings necessary for the furnishing
of adequate service by such private or public utilities for the public
health, safety or general welfare and private utility substations
and/or transformer stations or similar facilities.
The vertical surfaces on any building or structure along
adjacent street or public approaches to the building or structure.
One or more persons related by marriage or bloodline, including
domestic employees, occupying a dwelling unit and living as a single,
nonprofit housekeeping unit.
Any private residence operating a facility as defined in
MGL c. 15D, § 1A.
Any private residence operating a facility as defined in
MGL c. 15D, § 1A.
For the purposes of § 8.4, the following definitions
shall apply:
CONTIGUOUS OPEN SPACEOpen space suitable, in the opinion of the Planning Board, for the purposes set forth in § 8.5.12, herein. Such open space may be separated by the road(s) constructed within the flexible development. Contiguous open space shall not include required yards.
As used in § 9.1, Floodplain Overlay District,
the following terms shall have the meanings indicated:
AREA OF SPECIAL FLOOD HAZARDThe land in the floodplain within a community subject to a 1%-or-greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Maps (FHBM). After detailed ratemaking has been completed in preparation for publication of the Flood Insurance Rate Maps (FIRM), Zone A usually is refined into Zones A, AO, A1-A99, VO and V1-V30.
BASE FLOODThe flood having a 1% chance of being equaled or exceeded in any given year.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
EXISTING CONSTRUCTIONFor the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. "Existing construction" may also be referred to as "existing structures."
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge or by some
similarly unusual and unforeseeable event which results in flooding
as defined in Subsection 1a(1) of this definition.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
STRUCTUREFor floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Structure," for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a mobile home on a foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
The ratio of the gross floor area to the total lot area.
The "floor area ratio" is arrived at by dividing the building gross
floor area by the lot area.
The sum of the gross horizontal area of the several floors
of a building measured from the exterior faces of the walls. It does
not include accessory structures and/or cellars or unenclosed porches
or attics not used for human occupancy or cellars used only for storage
purposes in connection with a retail and service commercial use or
malls within a shopping center utilized purely for pedestrian circulation
and/or decorative purposes between individual shops of the center
or structures devoted to parking.
Services relating to the provision of health care, including
any of the following: all inpatient, outpatient and emergency acute
and subacute hospital services; skilled nursing services; rehabilitation
services; transitional services; assisted-living services; diagnostic
services; pharmaceutical services; medical office buildings; health
care education, research and training; medical laboratories; physician
and health-care practice professional services; health, wellness and
fitness programs; public health and disease prevention programs, and
such other uses and services reasonably related to the provision of
health care.
The vertical distance from the average finished grade of
the adjacent ground to the top of the structure of the highest roof
beam of a flat roof, the deck of a mansard roof or the mean level
of a roof style such as a gable, hip, shed, gambrel, pyramid or similar
roof.
An accessory activity carried on by only the permanent resident
of a dwelling, inside the principal building, requiring only customary
home or hobby-type equipment and no physical evidence of which is
observable from outside the building. See § 3.3.
A building housing a facility or institution licensed to
provide short-term acute inpatient and/or outpatient medical and/or
surgical care; not to include a doctor's office. (See also "medical
clinic.")
A building or any part of a building containing primarily
rooming units without individual cooking facilities for transient
occupancy and having a common entrance or entrances, including an
inn, motel, motor inn and tourist court, but not including a lodging
house. A "hotel" may include units containing individual cooking facilities,
provided that the number of such units does not exceed 10% of the
total number of units.
The provisions of this section shall not be applicable in
the following zoning districts:
[Added 9-26-2023 by Doc. 78-FF]
AFFORDABLE HOUSING RESTRICTIONA right, either in perpetuity or for the longest period permitted by law, whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of the land appropriate to a) limiting the use of all or part of the land to occupancy by persons, or families of low to-moderate income in either rental housing or other housing, b) restricting the resale price of all or part of the property in order to assure its affordability by future low- to moderate-income purchasers or c) in any way limiting or restricting the use of enjoyment of all or any portion of the land for the purpose of encouraging or assuring creation or retention of rental and other housing for occupancy by low- to moderate-income persons and families.
AFFORDABLE HOUSING UNIT (or AFFORDABLE UNIT)Any residential dwelling unit constructed as part of an inclusionary development project a) for which the rent, including utilities, or monthly mortgage payment, including insurance, taxes and fees, does not exceed 30% of gross household income (the maximum allowable percentage of household's income), b) is affordable to and occupied by a low- to moderate-income household, and c) meets the requirements of this article and the Local Initiative Program (LIP) for the inclusion in the Chapter 40B Subsidized Housing Inventory (SHI).
AREA MEDIAN INCOME (AMI)The median family income, adjusted for household size, for the metropolitan area that includes the City of Haverhill, as determined annually by the U.S. Department of Housing and Urban Development (HUD).
CHAPTER 40B SUBSIDIZED HOUSING INVENTORYThe official listing of low- to moderate-income housing in the City of Haverhill, as determined by the Department of Housing and Community Development (DHCD) under G.L. c. 40B, §§ 20-23.
INCLUSIONARY DEVELOPMENT PROJECTAny multifamily housing or mixed use development containing 10 or more new residential dwelling units. An inclusionary development project shall include projects that are incrementally divided or phased within a five-year period.
LOCAL INITIATIVE PROGRAMA program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 45.00 (760 CMR 56) to develop and implement local initiatives that produce affordable housing for low- to moderate-income households.
LOW- TO MODERATE-INCOME HOUSEHOLDA household whose income is at or below 80% of the Lawrence Metropolitan Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size.
MARKET-RATE HOUSINGResidential dwelling units for which prices are captured based on market conditions, without rent or income restrictions. In a development with affordable housing, market-rate housing means all units other than the affordable housing units as defined in this section.
MAXIMUM AFFORDABLE PURCHASE PRICE OR RENTA maximum purchase price or monthly rent that complies with the regulations and guidelines of the Local Initiative Program as published by the Department of Housing and Community Development (DHCD) pursuant to 760 CMR 56 and G.L. c. 40B guidance, other subsidized funding programs whose regulations are consistent with state guidelines, or where no such regulations or guidelines exist, the regulations of the Haverhill Affordable Residence Trust or Designated Housing Entity.
SEGMENTEDAn inclusionary development project that has incrementally divided or phased one or more large tract(s), parcel(s), division(s) of land or project(s) linked in common ownership, control or purpose for which special permits are sought within a five-year period so as to appear unrelated, but such that the division(s) would cumulatively result in 10 or more dwelling units. The special permit granting authority shall determine if there is any shared impact amongst any segmented component(s) or if one or more component(s) relate to other identifiable phases. Segmented components need not be contiguous to relate to a larger, discernable plan or project.
SPECIAL PERMIT GRANTING AUTHORITYThe City Council shall be the special permit granting authority (SPGA) for an inclusionary zoning special permit.
The following definitions shall apply in § 9.7:
CRAFT MARIJUANA COOPERATIVEA marijuana cultivator comprised of residents of the commonwealth organized as a limited-liability company or limited-liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the Cannabis Control Commission, and that is licensed to cultivate, obtain, manufacture, process package and brand marijuana and marijuana products to deliver marijuana to marijuana establishments but not to consumers.
INDEPENDENT TESTING LABORATORYA laboratory that is licensed by the Commission and is:
Accredited to the most current International Organization for
Standardization 17025 by a third-party accrediting body that is a
signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved
by the Commission;
Independent financially from any medical marijuana treatment
center or any license or marijuana establishment for which it conducts
a test; and
Qualified to test marijuana in compliance with 935 CMR 500.160
and MGL c. 94C, § 34.
LICENSED MARIJUANA ESTABLISHMENT (LME)A marijuana cultivator, testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business.
MARIJUANA CULTIVATORAn entity licensed to cultivate, process, and package marijuana; to deliver marijuana to marijuana establishments; and to transfer marijuana to other marijuana establishments but not consumers.
MARIJUANA MICRO-BUSINESSA marijuana establishment that is licensed to act as a: licensed marijuana cultivator in an area less than 5,000 square feet; licensed marijuana product manufacturer, and licensed marijuana delivery service in compliance with the operating procedures for each such license.
MARIJUANA PRODUCT MANUFACTURERAn entity licensed to obtain, manufacture, process, and package marijuana and marijuana products; to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to other marijuana establishments but not consumers.
MARIJUANA PRODUCTSProducts that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms or marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RESEARCH FACILITYAn entity licensed to engage in research projects by the Cannabis Control Commission.
MARIJUANA RETAILERAn entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers. Marijuana retailers may be in the form of a storefront or a social consumption establishment.
SOCIAL CONSUMPTION ESTABLISHMENTA marijuana retailer licensed to purchase marijuana and marijuana products from marijuana establishments and to sell marijuana and marijuana products on its premises only to consumers or allow consumers to consume marijuana and marijuana products on its premises only.
An off-street "loading space" shall comply with the standards
contained in this chapter and shall have unobstructed access and maneuvering
space and most be for the loading and unloading of goods and materials
from one vehicle, whether inside or outside a structure.
A building containing lodging units. A "lodging house," boardinghouse
and/or rooming house shall not be defined to include a detention center
or home for delinquent or wayward persons, drug or alcoholic rehabilitation
center or similar activities.
One or more rooms for the semipermanent use of one or more
individuals not living as a single housekeeping unit and not having
cooking facilities. A "lodging unit" shall include rooms in boardinghouses,
lodging houses or rooming houses.
Any institution whether conducted for charity or profit which
is advertised, announced or maintained for the express or implied
purpose of providing three or more individuals admitted thereto with
long-term resident, nursing, convalescent or rehabilitative care;
supervision and care incident to old age for ambulatory persons; or
retirement home care for elderly persons. Long-term care facility
shall include convalescent or nursing homes, rest homes, infirmaries
maintained in towns and charitable homes for the aged, as set forth
in 105 CMR 150.001.
An area or parcel of land not including any water area shown
as a separate and distinct lot on a plan or as described in a deed
properly recorded in the Essex County Registry of Deeds or land registered
by the Land Court.
The mean horizontal distance between the front lot line and
the rear lot line.
Horizontal distance measured along the front lot line between
the points of intersection of the side lot lines with the front lot
line. A corner lot shall have two "lot frontages," one of which must
comply with the distance requirement for the respective district.
A through lot shall have two "lot frontages," both of which shall
comply with the distance requirement of the respective district.
Frontage, as defined herein, shall be for the purpose of
providing access to all lots approved under these regulations as well
as all lots approved as ANR (Form A) lots. The frontage shall provide
access which is actual (non-illusory) access to the building location
on the lot. The access shall be provided by (from) the frontage so
that it is not illusory in nature. Access shall facilitate safe ingress
and egress to the building location within the lot for public safety
vehicles in the event of an emergency. Length, width, grades, topography
and adequacy of construction are all essential components of demonstrating
adequate actual access to the building site on a lot.
The property line dividing a lot from a street right-of-way.
The lot line opposite from the front lot line. In the case
of a corner lot, only one rear yard or lot line shall be required
and it shall be located opposite the front of the building.
Any lot line not a front or rear lot line.
The shortest distance between opposite side lines of a lot
measured at the point of the front setback. At no point between the
street frontage line and the minimum lot depth setback shall the lot
be narrower than 75% of the required lot frontage.
A lot at the point of intersection of and abutting on two
or more intersecting streets, the interior angle of intersection of
the street lot lines or, in case of a curved street, extended lot
lines, being not more than 135°. For purposes of this chapter,
each street frontage shall be considered a front yard.
A lot lawfully existing at the effective date of this chapter,
or any subsequent amendment thereto, which is not in accordance with
all provisions of this chapter.
An interior lot, the front and rear lot lines of which abut
streets, or a corner lot, two opposite lines of which abut streets.
A corner "through lot" shall have three front lot lines.
A facility as defined in 105 CMR 145.020, including a mobile
clinic.
Where not expressly defined in the Zoning Ordinance, terms
used in the MMOD Ordinance shall be interpreted as defined in the
Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. s. 1-1
et seq., and the Department of Public Health regulations promulgated
thereunder, 105 CMR 725.001 et seq., and otherwise by their plain
language.
REGISTERED MARIJUANA DISPENSARYAlso known as a "medical marijuana treatment center," means a not-for-profit entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes [including development of related products such as edible marijuana-infused products ("MIPs"), tinctures, aerosols, oils, or ointments], transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, "RMD" refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
A social, sports or fraternal association or organization
which is used exclusively by members and their guests and is not conducted
as a gainful business.
For the purposes of § 9.5, the following definitions
shall apply:
AS-OF-RIGHT PROJECT or PROJECTA multifamily development or mixed-use development allowed under § 9.5, which shall be as of right without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.
EDUCATIONAL USEElementary schools, middle schools, high schools, colleges, universities, community colleges, media centers, arts centers, distance learning facilities, training centers and facilities, libraries and educational offices.
MULTIFAMILY DEVELOPMENT or MULTI-FAMILY DEVELOPMENTA residential structure containing two or more dwelling units.
PLAN APPROVALStandards and criteria which a project in the Merrimack Street Gateway Renaissance Overlay District must meet under the procedures established herein, provided that plan approval shall be treated as nondiscretionary and not subject to the standards applicable to special permits under this Zoning Ordinance, if the plan approval is appealed or attempted to be appealed by any person.
PLAN APPROVAL AUTHORITYFor purposes of reviewing project applications and issuing decisions on development projects within the Merrimack Street Gateway Renaissance Overlay District, the Planning Board shall be the Plan Approval Authority (the "PAA"), and is authorized to approve a site plan to implement a project.
PRIORITY PROJECTA mixed-use project i) in which 75% or more of the residential units are not restricted by income, ii) which encompasses an area extending at least the full width between Merrimack Street and the flood wall along the Merrimack River, iii) which provides public access to and along a boardwalk or promenade overlooking the Merrimack River or public access to the waters of the Merrimack River, or both, and iv) does not require any waivers from the design standards or the density or dimensional requirements established by this article.
RECREATIONAL USESActive and passive recreational uses, including but not limited to walking and bicycle paths, bicycle and boat rentals and sharing services, and seasonal skating rinks.
ZONING ORDINANCEThe Zoning Ordinance of the City of Haverhill.
A group of small storage vaults or facilities for rental
to consumers for storage of nonnoxious and nonhazardous items.
A multistory building with nonresidential uses on the ground
floor (excluding parking) and residential uses above.
Land having a well-established cover of thatch, mulch or
leaves characterized by an historical prevalence of native plants
and/or trees requiring minimal use of fertilizers, herbicides or pesticides.
Office serving business, real estate, insurance, and the
like.
Office serving a physician, dentist, psychologist or psychiatrist,
or other trained medical provider.
Office serving an accountant, architect, attorney, or other
licensed professional.
The space on a lot unoccupied by buildings, unobstructed
to the sky, not devoted to streets, driveways, off-street parking
or loading spaces and expressed as a percentage of total lot area.
The area of a lot devoted to an unroofed accessory swimming pool should
be considered as part of the "open space" area.
The duly authorized agent, attorney, purchaser, devisee,
trustee, lessee or any person having vested or equitable interest
in the use, structure or lot in question.
An off-street "parking space" shall comply with the standards
contained in this chapter and shall have unobstructed access and maneuvering
space and must be for the exclusive use as a parking stall for one
motor vehicle, whether inside or outside a structure.
Any construction which replaces materials and does not change
the height, number of stories, size, use or location of a structure.
Sale of goods to the public in the following types of stores
but not limited thereto: bakery shop; beauty and cosmetic shop; beer,
ale, and liquor retail sales; books, periodicals, and newspaper sales;
candy shop; dairy products, without drive-in; delicatessen; florist,
without outdoor storage; fruit and produce market; grocery, meat,
or fish market; hobby shop; DVD or video rental or sales; laundry
or dry cleaning pick up; pharmacy or drug store with or without drive-in;
tobacco shop; variety store.
A facility selling new or used goods to an end user but not
otherwise specifically listed in the Table of Use Regulations.[1]
The edge of the roof, or the extended line of intersection
of the rooftop and exterior walls.
An SIF is a place supervised by licensed health personnel
where injection drug users (IDUs) inject drugs they obtain elsewhere.
Facility staff do not directly assist in injection, but rather provide
sterile injection supplies, answer questions on vein care and safer
injection methods, administer first aid, and monitor for overdose.
A service station from or within which the customer performs
or provides the servicing of the automobile. (See definition of "automobile
service station.")
Shop for lawn mower or small appliance repair, upholstery
or furniture repair, bicycle repair person, printer, blacksmith, carpenter,
caterer, lawn mower service person, mason, painter, or roofer.
A facility providing personal services such as hair salon,
barber shop, tanning beds, dry cleaning, print shop, photography studio,
and the like.
A combination of two or more retail and/or service commercial
establishments on a single lot which rely on and are developed with
mutual and coordinated parking facilities, pedestrian walkways, landscaping
and loading facilities.
Any permanent or temporary structure, device, letter, word,
model, banner, pennant, insignia, trade flag or representation used
as, or which is in the nature of, an advertisement, announcement or
direction or is designed to attract the eye by intermittent or repeated
motion or illumination; not to include structural members or materials
of a building which are an integral and necessary part of the building,
unless used to spell out the name of the use, firm or product sold.
Any sign calling attention to or indicating the occupancy
of the premises on which the sign is erected, the business transacted
thereon or the product or products manufactured, distributed or sold
thereon.
Any sign that advertises, calls attention to or indicates
anything not upon, or available upon, the premises or lot on which
the sign is erected.
For a sign, either freestanding or attached and projecting
from a building, the area shall be considered to include all lettering,
wording and accompanying designs and symbols, together with the background,
whether upon or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display
itself. The area of all faces of a sign shall be computed to determine
the total "sign surface area." For a sign consisting of individual
letters, designs and symbols attached to or painted on a surface,
building, wall or window, the area shall be considered to be that
of the smallest quadrangle which encompasses all of the letters, designs,
symbols and/or frame.
For the purposes of § 6.2, the following definitions
shall apply:
CONSTRUCTION SIGNA temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
DIRECTIONAL SIGNA sign limited to pedestrian and vehicular traffic instruction and/or direction or restrictions on the use of parking areas. "No Parking," "Entrance," "Exit" and "Additional Parking in the Rear" are examples of directional signs. No sign that identifies the occupant or use of the site shall be considered a directional sign.
DIRECTORY SIGNA group of signs clustered together as a single structure or compositional unit to advertise occupants of the same building or building complex.
FLASHING SIGNA sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, or signs which, through reflection or other means, create an illusion of flashing of intermittent light (compare "animated sign," "changeable copy sign").
FREESTANDING SIGNA sign structurally separate from a building or structure that is attached to or part of a self-supporting structure.
GOVERNMENT SIGNAny temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property or facility.
IDENTIFICATION SIGNA sign whose copy is limited to the name and address of a building, institution, or a person and/or to the activity or occupation being identified.
INTERNALLY ILLUMINATED SIGNA sign which utilizes translucent panels, canvas or other fabric, letters, devices or other similar components to create an image by allowing light to pass through.
OFF-PREMISES SIGNA sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising."
POLITICAL SIGNFor the purposes of this bylaw, a temporary sign used in connection with a local, state, or national election or referendum.
PROJECTING SIGNA sign, other than a flat wall sign, which is attached to and projects from a building or wall or other structure not specifically designed to support the sign.
REAL ESTATE SIGNA temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
ROOF SIGNAny sign erected over or on the roof of a building (compare "mansard," "wall signs").
TEMPORARY SIGNA sign not constructed or intended for long-term use.
WALL SIGNA sign attached parallel to and extending not more than 18 inches from the wall of a building. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard.
WINDOW SIGNA sign installed inside a window and intended to be viewed from the outside.
OPERATORA company, business or individual who provides services to or for a sober house, including the placement of individuals in a residence, setting house rules, and/or governing the behavior of occupants while residents of the home. An operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and who does not receive compensation for services under the first sentence, above.
PARKING PLANA plan that provides for adequate off-street parking to insure that residents of the sober house and abutting residents can safely and conveniently park their vehicle(s).
REASONABLE ACCOMMODATIONA change, adaptation or modification of Haverhill zoning regulations to allow a person seeking to take advantage of sober housing to reasonably do so in the City of Haverhill.
SOBER HOUSEA dwelling unit occupied by more than four persons, all of whom are in recovery from chemical dependency and considered handicapped under the Federal Fair Housing Act Amendments of 1988, that provides a noninstitutional residential environment in which the residents willingly subject themselves to written rules and conditions, including prohibition of alcohol and drug use (except for prescription medications obtained and used under medical supervision), intended to encourage and sustain their recovery.
The following definitions shall apply in § 7.8:
PHOTOVOLTAIC SYSTEM (also referred to as photovoltaic installation)An active solar energy system that converts solar energy directly into electricity.
RATED NAMEPLATE CAPACITYThe maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).
SOLAR ENERGY SYSTEMA device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
SOLAR ENERGY SYSTEM, ACTIVEA solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDAn active solar energy system that is structurally mounted to the ground or otherwise placed upon the ground and is not roof-mounted; may be of any size (small-, medium- or large-scale).
SOLAR ENERGY SYSTEM, LARGE-SCALEAn active solar energy system that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
SOLAR ENERGY SYSTEM, MEDIUM-SCALEAn active solar energy system that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 10 - 250 kW DC).
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDAn active solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium- or large-scale).
SOLAR ENERGY SYSTEM, SMALL-SCALEAn active solar energy system that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less).
SOLAR-READY ZONEA solar-ready zone is 50% of the roof area that is either flat or oriented between 110° and 270° of true North, exclusive of mandatory access or setback areas as required by the MA Fire Code.
For the purposes of § 3.2.4, the following definitions
shall apply:
PODSPortable storage containers intended to be transported to a designated location for storage purposes (typically known as "PODS®," "MODS," etc.
MEMBRANE STRUCTURESMembrane structures, including tents and canopies, erected on a location for a short- or long-term or accessory purpose relating to motor or recreational vehicles or personal property.
METAL-FRAMES TRAILERS OR CONTAINERS, WITHOUT WHEELSMetal frames or totally metal boxes primarily used, intended for, or suitable for the transportation of cargo by road, rail or ship.
REGULATED STORAGE CONTAINERSPODS®, metal-framed trailers or containers, without wheels, and membrane
structures.
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." An attic shall not be deemed to be a "story"
if unfinished and without human occupancy. (See "story, half.")
A story under a gable, hip or gambrel roof, the wall plates
(area between the roof overhang and the attic floor) of which on at
least two opposite exterior walls are not more than two feet above
the floor of such story.
A way shown on a plan approved by the Planning Board in accordance
with the Commonwealth's Subdivision Control Law.
A combination of materials to form a construction that is
safe and stable, including among others buildings, stadiums, tents,
reviewing stands, platforms, observation towers, radio towers, water
tanks and towers, trestles, piers, wharves, sheds, coal bins, shelters
and display signs.
Any vehicle which is immediately portable and/or is designed
to have wheels attached directly thereto 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" which is no longer immediately portable by
virtue of having its wheels removed or skirts attached shall remain
a "trailer" by this definition.
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. "Accessory use" by area
shall be interpreted not to exceed 40% of the area of the total use
of the structure or lot on which it is located.
A use lawfully existing at the time of adoption of this chapter
or any subsequent amendment thereto which does not conform to one
or more provisions of this chapter.
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 chapter. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental
or supplementary to the "principal use" and permitted under this chapter
shall be considered an accessory use.
A use not indicated as a use of right under the same capitalized
major grouping in Table 1: Table of Use and Parking Regulations[2] as the existing use or use first considered or use being
compared to.
A facility provided (owned or operated) by an institution,
such as a gas company, power company or telephone company, which has
direct bearing on the provision of essential services; not to include
offices, garage or similar facilities.
A facility established by a governmental unit for the purposes
of providing or performing essential services.
Such departure from the terms of this chapter as the Board,
upon appeal in specific cases, is empowered to authorize under the
terms of Section 10.0.
The following definitions shall apply in § 9.2:
ANIMAL FEEDLOTA plot of land on which 25 livestock or more per acre are kept for the purpose of feeding.
AQUIFERGeologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water.
DELINEATION OF WATER SUPPLY PROTECTION OVERLAY DISTRICTThe Water Supply Protection Overlay District is herein established to include all lands within the City of Haverhill lying within the primary and secondary recharge areas of groundwater aquifers and watershed areas of surface waters which provide public water supply, and, further, should earth work for development purposes shift runoff into the watershed, that development, or the portion that then drains into the watershed, will be included in the overlay district. The map entitled "Water Supply Protection Districts" defines the extent and boundary of the Water Supply Protection Districts and is on file with the City Clerk.
[Amended 12-14-2021 by Doc. 93-B]
DEPOSITThe deposit, injection, dumping, spilling, leaking, incineration or placing of any material into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
GROUNDWATERAll the water found beneath the surface of the ground, including, without limitation, the slowly moving subsurface water present in aquifers and recharge areas.
HAZARDOUS WASTESA waste, or combination of wastes, which because of its quantity, 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 Hazardous Waste Board, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of MGL c. 21, §§ 27(8), 52, 57 and 58.[3]
IMPERVIOUS SURFACEMaterial or structures on, above or below the ground that do not allow precipitation or surface water to penetrate directly into the soil. This may include pavements (roads, sidewalks, driveways and parking lots) that are covered by impenetrable materials such as asphalt, concrete, brick, and stone and rooftops as well as highly compacted soils.
LEACHABLE WASTESWaste materials including, without limitation, solid wastes, sewage, sludge, and agricultural wastes that are capable of releasing waterborne contaminants to the surrounding environment.
POLLUTANTAny element or property of sewage, agricultural, business or commercial waste, runoff, leachate heated effluent, or other matter, which is or may be discharged, drained or otherwise introduced into any surface or subsurface disposal or conveyance system, or into water of the Commonwealth or the United States.
PRIMARY RECHARGE AREAAreas which are underlain by superficial geologic deposits including glaciafluvial 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 surface water and/or groundwater supply wells.
PROCESS LIQUIDSLiquids used in cooling, cleaning or in manufacturing processes which contact raw materials, products, wastes or machinery and which because of that contact may contain pollutants.
PUBLIC WATER SUPPLYAny source or volume of surface or ground water demonstrated to be in public use or approved for water supply pursuant to MGL c. 111, § 160 by the Division of Water Supply of the Department, or demonstrated to have a potential for public use.
RADIOACTIVE MATERIALSAny of the materials which have a concentration which exceeds the limits set forth in Appendix B, Table II of 10 CFR Part 20 (Standards for Protection Against Radiation) or any other applicable provisions of federal or state law or regulation.
SECONDARY RECHARGE AREAAreas which are underlain by surficial geologic deposits including till or bedrock, and in which the prevailing direction of surface water flow is toward public surface water and/or ground water supply wells.
SOLID WASTESUseless, unwanted, or discarded solid material with insufficient liquid content to be free-flowing. This includes but is not limited to rubbish, garbage, scrap materials, junk, refuse, inert fill material, combustion residues, demolition debris, construction wastes and landscape refuse.
SPECIAL PERMIT GRANTING AUTHORITYFor purposes of § 9.2 only, the City Council shall be the special permit granting authority (SPGA).
SURFACE WATERAll waters other than groundwaters, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters and vernal pools.
TOXIC AND HAZARDOUS MATERIALSAny substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to surface and/or ground water supplies, environmental quality, or to human health, if such substance or mixture were discharged to land or waters of this City. 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.
TRIBUTARYAny body of running, or intermittently running, water which moves in a definite channel, naturally or artificially created, in the ground due to a hydraulic gradient, and which ultimately flows into a Class A water source as defined in 314 CMR 4.05(3)(a).
WATERCOURSEAny natural or man-made stream, pond, lake, wetland, coastal wetland, swamp or other body of water, and shall include wet meadows, marshes, swamps, bogs and areas where groundwater or loe provide a significant part of the supporting substrate for a plant community for at least five months of the year. "Swamp" shall mean areas where groundwater is at or near the surface of the ground for a significant part of the growing season or where runoff water from surface drainage frequently collects above the soil surface.
WATERSHEDAny region or area measured in a horizontal topographic divide which directs water runoff from precipitation, normally by gravity, into a stream, a body of impounded surface water, or a coastal embayment, or any region or area measured by a groundwater divide which directs groundwater into a stream, a body of impounded surface water, or a coastal embayment.
The land area between the surface water source and the upper
boundary of the bank;
The land area within a 400-foot lateral distance from the upper
boundary of the bank of a Class A surface water source, as defined
in 314 CMR 4.05(3)(a); and
The land area within a 200-foot lateral distance from the upper
boundary of the bank of a tributary or associated surface water body.
ZONE BThe land area within 1/2 mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a) of the Massachusetts Surface Water Quality Standards, or edge of watershed, whichever is less. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source.
ZONE CThe land area not designated as Zone A or B within the watershed of a Class A surface water source as defined in 314 CMR 4.05(3)(a) of the Massachusetts Surface Water Quality Standards.
ZONE IThe protective radius required around a public ground water supply well or wellfield. For public water system wells with approved yields of 100,000 gpd or greater, the protective radius is 400 feet. Tubular wellfields require a 250-foot protective radius.
ZONE IIThe area of an aquifer that contributes water to a groundwater well under the most severe pumping and recharge conditions (180 days of pumping at approved yield, with no recharge from precipitation). It is bounded by the groundwater divides that result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary). The Zone II must include the entire Zone I area.
ZONE IIIThe land area beyond the area of Zone II from which surface water and groundwater drain into Zone II. In some locations, where surface and groundwater drainage is not coincident, Zone III shall consist of both the surface drainage and the groundwater drainage areas.
The following definitions shall apply in the Waterfront District:
ART GALLERY AND/OR WORKSPACEAn establishment for the display of objects of art and/or photography. The artist can produce the objects of art and/or photography on site in order to display.
BY-RIGHT PLAN APPROVALThe standards and criteria which any project permitted in the Waterfront District shall meet under the procedures as set forth in this section. Such approval shall be treated as nondiscretionary and not subject to the standards applicable to special permits under this Zoning Ordinance. See § 9.3.6, "Table of Uses for the Waterfront District," for a listing of uses permitted in the Waterfront District.
MARINAA waterfront area having a dock or mooring facilities for boats for rental purposes; fuel and oil for boats only may be sold on the premises. Shore facilities similar to motels may occupy contiguous land areas.
MIXED-USE DEVELOPMENTThe use of a building for more than one use. The building contains a commercial use or uses on the first floor or ground floor and residential use on the upper floors.
PLAN APPROVAL AUTHORITY—
For purposes of reviewing project applications for uses permitted
by special permit or permitted by major site plan in the Waterfront
District, the City Council shall be the Plan Approval Authority (the
"PAA") and is authorized to approve a special permit or major site
plan to implement the project.
For purposes of reviewing project applications for uses permitted
by minor site plan in the Waterfront District, the Planning Board
shall be the Plan Approval Authority (the "PAA") and is authorized
to approve a minor site plan to implement the project.
PREFERRED PROJECTA project which meets the specifications as set forth in the "Preferred Projects" section of the Waterfront District. The development of such a project will provide the applicant with an opportunity for expedited review.
PROFESSIONAL OR ARTIST LIVE/WORK UNIT A residential use that permits up to 50% of the gross floor area of a residential dwelling unit to be used for the production of, showing, and sale of arts and crafts made on the premises by the occupant of said unit. Additionally, this term shall also mean a building or buildings where a portion of the total space is used for residential purposes and other portions, not to exceed 50% of the gross floor area of a building or buildings for the production, showing, and sale of arts and crafts produced by the residents thereof.
SITE PLAN REVIEW (MAJOR)Any use over 7,500 square feet, or any new residential construction over six units or the expansion of an existing residential dwelling in excess of six units.
SITE PLAN REVIEW (MINOR)Any use under 7,500 square feet, any new residential construction of six units or less or the expansion of an existing residential dwelling of less than six units, excluding a single-family or a two-family unit.
SPECIAL PERMIT PLAN APPROVALThe standards and criteria by which any project allowed by special permit in the Waterfront District shall meet under the procedures as set forth in this section and in this Zoning Ordinance. See "Table of Uses for the Waterfront District" for uses allowed with a special permit from the City Council.[4]
Any point of access to a lot of record that does not classify
as a street as specified in the definition of street. In general,
a way is a point of access established prior to the Subdivision Control
Law which is determined by the Planning Board to have sufficient width,
suitable grades/topography 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 safely
and sufficiently serve such land and the buildings erected or to be
erected thereon.
ABOVE GROUND LEVEL (AGL)A measurement of height from the natural grade of a site to the highest point of the structure.
ABOVE MEAN SEA LEVEL (AMSL)A uniform point from which height above sea level (or zero elevation) can be measured.
ANTENNAThe surface from which wireless radio signals are sent and received by a wireless service facility.
CAMOUFLAGEDA wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged."
CARRIERA company that provides wireless services.
COLLOCATIONThe use of a single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on a preexistent building by more than one carrier.
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNAA low mount that has three panels flush mounted or attached very close to the shaft.
ELEVATIONThe measurement of height above mean sea level.
ENVIRONMENTAL ASSESSMENT (EA)An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTERAn enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
FUNCTIONALLY EQUIVALENT SERVICESCellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.
GPSGround positioning system by satellite location of antennas.
GUYED TOWERA lattice tower that is tied to the ground or other surface by diagonal cables.
LATTICE TOWERA type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
LICENSED CARRIERA company authorized by the FCC to construct and operate a commercial mobile radio service system.
MONOPOLEThe type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNTThe structure or surface upon which antennas are mounted, including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
OMNIDIRECTIONAL (WHIP) ANTENNAA thin rod that beams and receives a signal in all directions.
PANEL ANTENNAA flat surface antenna usually developed in multiples.
PCS (COMMUNICATIONS SERVICES)These are broadband radiowave systems that operate at a radio frequency in the 1,850 to 1,900 megahertz range.
RADIOFREQUENCY (RF) ENGINEERAn engineer specializing in electric or microwave engineering, especially the study of radio frequencies.
RADIOFREQUENCY RADIATION (RFR)The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation ("FCC Guidelines") or any other applicable FCC guidelines and regulations.
SECURITY BARRIERA locked impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATIONThe distances between one array of antennas and another array.
UTILITYA system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, substations, and transmission lines or other utility services.
WIRELESS SERVICE FACILITYFacilities used for the principal purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennas, antenna support structures, panels, dishes and accessory structures.
WIRELESS SERVICESThe three types of services regulated by this article: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services.
A portion of a lot except that upon which the principal building
is situated, unobstructed artificially from the ground to the sky,
except as otherwise provided herein. A court shall not be considered
to be a "yard" or any part thereof.
A space extending for the full width of the lot between the
front line of the nearest main building wall and the front lot line.
A space, unoccupied, except by an accessory structure or
accessory use as herein permitted, extending for the full width of
the lot line between the rear line of the main building wall and the
rear lot line.
An unoccupied space extending for the full length of a building
between the nearest main building wall and the side lot line.
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
[2]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
[3]
Editor's Note: MGL c. 21, §§ 52, 57 and 58,
were repealed by Ch. 704, § 1, Acts of 1979, all as may
be amended from time to time.
[4]
Editor's Note: The Table of uses for the Waterfront District is included as an attachment to this chapter.
