For the purposes of this Zoning Ordinance,
words used in the singular include the plural and words used in the
plural include the singular. Words used in the present tense include
the future. The word "shall" is mandatory and not merely directory.
The word "building" includes "structure". The word "lot" includes
the word "plot". The word "land" includes the words "marsh", "wetland"
and "water". The following words and phrases (whether capitalized
or not) shall have the meanings given in the following clauses, unless
a contrary intention clearly appears.
(a)
Accessory building/structure: a building
or structure devoted exclusively to a use accessory to the principal
use of the lot.
(b)
Accessory use: a use incident to,
and on the same lot as, a principal use, including telecommunication
and communication facilities used exclusively for the private residence
or business and not as an independent commercial enterprise.
On more than five acres of land,
agriculture includes all branches of farming as defined in M.G.L.
c. 128, § 1A. On less than five acres of land, agriculture
excludes the raising of livestock, including horses, the keeping of
horses as a commercial enterprise, the keeping and raising of poultry,
swine, cattle and other domesticated animals used for food purposes,
bees, or fur-bearing animals.
An establishment that has a substantial
or significant portion of its stock in trade, books, magazines and
other matter or paraphernalia which are distinguished or characterized
by their emphasis depicting, describing, or relating to sexual conduct
or sexual excitement, as defined in M.G.L. c. 272, § 31.
An enclosed building used for presenting
material or live entertainment distinguished by an emphasis on matter
depicting, describing, or relating to sexual conduct or sexual excitement
as defined in M.G.L. c. 272, § 31.
Assisted Living includes several
types of housing settings. Assisted Living is a housing setting for
individuals who need assistance with activities of daily living such
as bathing, dressing, grooming, eating, and transferring, and may
include instrumental activities of daily living such as housekeeping,
shopping, and transportation. It also includes Independent Living
which has units that can function as stand-alone apartments. And it
includes Dementia Care and/or Skilled Nursing, which is a housing
setting that involves or includes the planning, provision, and evaluation
of goal-oriented nursing care that requires specialized knowledge
and skills acquired under the established curriculum of a school of
nursing approved by a Board of Registration in nursing, and must be
provided by a registered nurse, a licensed practical nurse, or a licensed
vocational nurse. In each of these types of housing settings, each
resident may have their own room or rooms which may include a bathroom,
bedroom, living room and kitchen or kitchenette and dining areas.
A portion of a building partly underground
but having more than one-half of its clear height below the average
grade of the adjoining ground.
Areas of land maintained in a landscaped
fashion or in a natural state that are open, unpaved and unbuilt upon;
for the purposes of this Zoning Ordinance, crushed stone shall not
be considered as an appropriate buffer zone treatment.
The line with which the exterior
of a building must coincide.
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 purpose of this definition,
"roof" shall include an awning or any similar covering, whether or
not permanent in nature. The word "building" shall be construed where
the context allows as though followed by the words "or part or parts
thereof."
The total area, expressed in square
feet, of all floors of a building or structure measured to the exterior
walls thereof.
The area of a lot that is covered
by the footprint of the principal building and accessory structures,
including covered stairways, porches, covered vestibules or porticos,
but not including driveways, walkways, attached chimneys, bulkheads,
in-ground and above-ground swimming pools or uncovered decks.
The area of the Front Yard located
between the Front Lot Line and each side of the Principal Building
on the Lot.
Any building in which the predominant
use of the lot or parcel is contained.
(a)
Light manufacturing or preparation
of products customarily sold on the premises by the producer to the
consumer, limited to not more than 25% of the Gross Floor Area of
the business and engaging not more than five employees at one time.
(b)
Accessory outdoor storage of commodities
or materials for processing or sale upon the premises, provided that
any outdoor storage in a yard adjoining a lot in a residence district
shall be screened as provided in Section 4.14 or as otherwise required
by this Zoning Ordinance.
(c)
The sale of gasoline and oil accessory
to and within a permitted parking garage for more than 10 cars or
accessory to a parking lot limited to the employees of the owner,
or the making of minor repairs completely within such parking garage
or within a building on such parking lot.
A lot at the junction of and fronting
on two or more intersecting streets or ways. On a corner lot the Front
Yard setback requirement shall be applied to only one side of the
corner lot property. The Zoning Enforcement Officer shall determine
which portion of the lot is the Front Yard for purposes of determining
the required Setback.
Any residential building containing
one or more dwelling units that is altered by interior and/or exterior
changes so as to increase the number of dwelling units in the building
to some number greater than (i) the existing number of dwelling units
or (ii) the number of dwelling units the building was originally designed
for. Further, any commercial building for which a residential or industrial
reuse is proposed, or any industrial building for which a residential
or commercial reuse is proposed, shall be considered a conversion
and shall be subject to the appropriate regulations of this Ordinance.
An open space located on a lot, which
may be paved, and built for access to a garage or off-street parking
or loading space(s).
A privately or publicly owned permanent
structure, whether owned by one or more persons or in condominium,
or any other legal form which is occupied in whole or part as the
home residence or sleeping place of one or more persons. The terms
"single-family," "two-family," or "multi-family" dwelling shall not
include hotel, lodging house, bed and breakfasts, bed and breakfast
homes, hospital, membership club, mobile home, or dormitory. Where
the following terms appear in this ordinance they shall have the following
meanings:
DWELLING, SINGLE-FAMILY: A detached
residential building designed or intended or used as the home or residence
of one family.
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DWELLING, TWO-FAMILY: A detached
residential building designed or intended or used exclusively as the
home or residence of two families. For purposes of this ordinance,
a two-family dwelling includes (1) a building containing two dwelling
units joined side by side, sharing a common wall for at least 50%
of its height and depth, excluding space used for accessory uses;
i.e., in which no part of one dwelling unit is over any part of the
other dwelling unit, or (2) a house containing two dwelling units,
in which all or part of one dwelling unit is over all or part of the
other dwelling unit.
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DWELLING, THREE-FAMILY: A detached
residential building designed or intended or used exclusively as the
home or residence of three families, each in a separate dwelling unit,
living independently of each other and who may have a common right
in halls and stairways.
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DWELLING, MULTI-FAMILY: A building
designed or intended or used as the home or residence of four or more
families, each in a separate dwelling unit, living independently of
each other and who may have a common right in halls and stairways,
whether rental or owner occupied, with the number of families in residence
not exceeding the number of dwelling units provided.
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DWELLING, ROWHOUSE OR TOWNHOUSE:
A row of at least three but not more than eight one-family attached
dwelling units whose sidewalls are separated from other dwelling units
by a fire wall or walls. Each unit in the row, or townhouse, may be
owned by a separate owner and shall have its own at grade access.
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Living quarters for a single family
with cooking, living, sanitary and sleeping facilities independent
of any other unit.
To construct or reconstruct or excavate,
fill, drain, or conduct physical operations of any kind in preparation
for or in pursuance of construction or reconstruction, or to move
a building or structure upon a lot.
Those uses which are exempt from
zoning regulations as specified in Chapter 40A, Section 3 of the General
Laws of Massachusetts, namely the use of land or structures for religious
purposes or for educational purposes where educational purposes are
pursued or provided by the state or any of its agencies, subdivisions
or bodies politic, or by a nonprofit educational corporation, or as
may be later amended.
In existence or as existing at the
date of adoption of this Zoning Ordinance in 1926 or any amendment
hereto.
An individual, or two or more persons
occupying a dwelling unit and living together as a single, non-profit
housekeeping unit; provided that a group of five or more persons who
are not kindred to each other, as defined by civil law, shall not
constitute a Family.
Family day care home as defined in
§ 9 of M.G.L.c.28A, for not more than ten children. Unless
otherwise stated in this Bylaw, family day care licensed by the Massachusetts
Office for Children shall be considered an accessory use incidental
to a residential use.
Any place or premises used for sale,
dispensing, or serving of food, refreshments or beverages where the
primary business of the establishment is the sale of said items which
are packaged or presented in such a manner that they can be readily
eaten outside the building where it is sold.
A man-made barrier intended to divide
or mark a boundary between lots or parcels of land not to exceed six
feet in height in a residential district and eight feet in height
in non-residential districts, in each case measured from the existing
finished grade of the lot, except for such lower heights as may be
required by § 4.12. For purposes of this Zoning Ordinance,
fences required around swimming pools shall be treated separately
and shall be governed by the provisions of § 4.03(b).
A retail or wholesale operation involving
the purchase or sale of firearms, ammunition, and/or firearm accessories,
including the repairing, altering, cleaning, polishing, engraving,
blueing or performing of any mechanical operation on any firearm,
and any associated indoor shooting or firing range.
The flood having a one percent chance
of being equaled or exceeded in any one year.
A floodway includes the normal channel
of a river or stream and those portions of the floodplains adjoining
the normal channel which are reasonably required to carry off the
flood flow. The 100-year floodplain is the area adjoining a river
or stream which has been, or may hereinafter be, covered by flood
waters from a 100-year flood.
Gross floor area of all buildings
on the Lot measured in square feet, divided by the total square footage
of the Lot.
The wall of the Principal Building
on a Lot which is parallel or most nearly parallel to the Street Line.
That part of a lot or lot line abutting
on a street or way, to which the front facade of all buildings shall
be oriented and if in question, as determined by the Zoning Enforcement
Officer. (See also, § 2.49, LOT FRONTAGE).
Area of land, including the structures
thereon, that is used for the sale of gasoline or motor vehicle fuel,
oil and other lubricating substances, and including the sale of motor
vehicle accessories, and which may or may not include facilities for
lubrication, washing, or making minor repairs to motor vehicles, but
not including the painting thereof by any means nor the making of
anybody repairs nor major repairs to the mechanical system or motor
vehicles, nor doing any work requiring the use of any torch, forge,
fire, or flame.
The total area, expressed in square
feet, of all floors of a building excluding all parking and loading
areas, all parking structures, traditional roof appurtenances such
as mechanical penthouses, all other mechanical rooms, atriums, flagpoles,
chimneys and similar structures but including basements and mezzanines
to the exterior walls thereof, and including partitions, stairwells,
corridors and porches with permanent roofs.
The vertical distance between the
highest point of the structure above the existing grade at any given
point along the Front Lot Line as measured every 30 feet linearly;
notwithstanding the foregoing, in instances where the Lot slopes away
from the Front Lot Line more than 10 feet vertically as measured along
a line of constant elevation perpendicular to the Front Lot Line taken
every 30 feet, the height of the Building shall be the vertical distance
between the highest point of the structure above the existing grade
and a plane created by connecting the points every 30 feet linearly
along the entirety of the property line.
A business, profession, occupation
or sale of articles produced on the premises where sold, conducted
within a residential building or accessory structure for gain or support
by one or more residents of the dwelling which:
(a)
Is incidental and secondary to the
residential use of the building;
(b)
Does not change the essential residential
character of the use and requires no exterior alterations or accessory
buildings which are not customary with residential use;
(c)
Is carried on solely by the residents
of the dwelling except that no more than 2 non-residential employees
may be allowed;
(d)
Is confined to no more than 25% of
the total floor area of the dwelling;
(e)
Is not visible from any other residential
structure, does not store outside of the dwelling any equipment or
materials used in the home occupation;
(f)
Does not produce any offensive noise,
odor, smoke, dust, heat, glare, excessive traffic or other objectionable
effects;
(g)
Does not increase the average daily
automobile trips generated by the residence in which the home occupation
is located;
(h)
The conducting of a clinic, convalescent
home, nursing home, restaurant, guest house, animal hospital, commercial
kennel, dancing or musical instruction in groups, barbershop, beauty
salon, licensed day care centers, massage or muscular therapist shall
not be deemed to be home occupations.
A business, profession or occupation
conducted within a residential building or accessory structure for
gain or support by residents of the dwelling that conforms to the
definition and requirements of a Home Occupation, except having no
employees, no deliveries, and no customers that visit the site.
(a)
A hotel is a building designed or
used for 10 or more guests, primarily the temporary abode of persons
who have their residence elsewhere.
(b)
A motel is a hotel with direct access
from each guest room to a parking space.
The maximum percentage of a lot that
may be covered with impervious surfaces, including but not limited
to buildings, impervious driveways and parking areas, access roads,
sidewalks, tennis courts, above-ground and in-ground swimming pools,
concrete air conditioner pads, decks that do not allow rain water
to be directly absorbed by the ground, patios, or any other material
placed on or above the earth which substantially reduces or prevents
the natural percolation of water.
A use engaged in the basic processing
and manufacturing of materials or products predominantly from extracted
or raw materials, or a use engaged in manufacturing processes using
flammable or explosive materials, or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A use engaged in the manufacture,
predominantly from previously prepared materials, of finished products
or parts, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales and distribution of said products.
The petitioner for a variance, special
permit or appeal and the abutters of the area or premises which is
the subject of the petition, as well as the owners of the land directly
opposite such area or premises on any public or private street, owners
of land that are abutters to abutters of the subject property within
300 feet of the property line of such area or premises all as they
appear on the most recent applicable tax list, and the Planning Board,
as well as the Planning Boards of every abutting municipality.
Land fully developed and maintained
to present a pleasant appearance, provide for stormwater retention
and groundwater recharging, and to stabilize the soil, using primarily
non-invasive vegetation and natural features of the site. Native and
drought-tolerant plantings should also be considered where appropriate.
A day care or school-age child care
facility as defined in § 9 of M.G.L.c.28A and licensed by
the Massachusetts Office for Children.
A person who rents space for living
or sleeping purposes without separate cooking facilities.
Any dwelling other than a hotel or
motel in which living space is let to five(5) or more persons, including
dormitories, fraternity houses and similar uses.
A parcel of real estate as described
in a deed or shown on a plan separate from any other parcel, such
deed or plan being recorded in the registry of deeds or approved by
the Planning Board and on file with the Engineering Department.
The horizontal area of the lot exclusive
of any public or private way open to public uses.
The boundary of a lot on land coinciding
with a street line if there are both rights of access and potential
vehicular access across that boundary to a potential building site;
measured continuously along one street line between side lot lines.
In the case of corner lots, measured between the side lot line and
the mid-point of the corner radius on the street designated as the
frontage street by the owner or, failing that, by the Zoning Enforcement
Officer. (See also, § 2.32, FRONTAGE).
A line dividing a lot from the street
identified as providing frontage (see § 2.49) and having
building front facade oriented toward said lot frontage. Where the
lot frontage on the street is less than the potential lot width in
the district in which it is located, any lot line or part of a lot
line shall be considered to be a front lot line for purposes of calculating
front yard requirements if a straight line drawn from a point on the
lot line to and perpendicular to the street providing potential access
to the lot passes across any part of another lot to which it is contiguous.
The portion of the lot boundary that
connects the front lot line to the rear lot line; when questioned,
as determined by the Zoning Enforcement Officer.
A line dividing a lot from a street.
The lot line opposite the front lot
line; when questioned, as determined by the Zoning Enforcement Officer.
The distance between the side lot
lines along the front yard setback line.
A site design strategy for managing
stormwater by maintaining or replicating the predevelopment hydrologic
functions through the use of design techniques to create a functionally
equivalent hydrologic landscape. Commonly referred to as "LID"
A development that combines residential
with retail or service uses within the same building or on the same
site, in one or more of the following configurations:
Vertical Mixed Use: A single structure
with the above floors used for residential or office use and a portion
of the ground floor facing the primary public way used for publicly
accessible retail/commercial or service uses.
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Horizontal Mixed Use, Attached:
A single structure that provides publicly accessible retail/commercial
or service use in the portion fronting the public or private street
with attached residential or office uses behind.
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Horizontal Mixed Use; Detached:
Two or more structures on a single site, which provide publicly accessible
retail/commercial or service uses in the structure(s) fronting the
public or private street, and residential or office uses in separate
structure(s) behind or to the side.
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Area of land, including the structures
thereon, that is used for making repairs to, altering in a structural
manner, or painting in any manner, the body of motor vehicles.
Area of land, including the structures
thereon, that is used for the purpose of repairing, replacing, or
altering the motor system, the muffler and/or exhaust systems, and/or
other mechanically moving parts of a motor vehicle, and including
glass installation, upholstery repair, installation of various automotive
accessories such as sun roofs, radios, auto body painting, and similar
activities.
A building or lot that does not conform
to a dimensional regulation prescribed by this Zoning Ordinance for
the district in which it is located or to regulations for signs, off-street
parking, off-street loading or accessory buildings but which Building
or lot was in existence at the time the regulation became effective
and was lawful at the time it was established.
A use of a building or lot that does
not conform to a use regulation prescribed by this Zoning Ordinance
for the district in which it is located, but which was in existence
at the time the use regulation became effective and was lawful at
the time it was established.
"Occupied" shall include the words
"designed, arranged, or intended to be occupied."
Areas open, and unobstructed to the
sky that can be used for active or passive recreation purposes. Amenities
such as a plaza, square, courtyard, paths, or outdoor dining areas,
and items such as benches, walkways, planters, landscaping, swimming
pools, kiosks, gazebos, and similar structures shall not be considered
as obstructions. Opportunities should be sought that bring together
the open space requirements of adjoining properties in order to foster
a more coherent and continuous landscape network. Parking and loading
areas of any type shall not be allowed in any required open space.
Further, in all residential districts,
the minimum required open space shall be contiguous and pervious,
and shall not include any side yard driveway buffer where required
by this Ordinance.
Open Space as defined by § 2.62
that is designed for and open to the public from dawn to dusk.
Legally fit to be driven, except
for lack of registration.
The primary use of the Building or
Lot, as the context may require.
Architecture, engineering, law, medicine,
dentistry, or other activity in which specialized services to clients
are performed by persons possessing a degree from a recognized institution
of higher learning demonstrating successful completion of a prolonged
course of specialized intellectual instruction and study, and also
possessing evidence of professional capability such as membership
in a professional society requiring standards of qualification for
admission.
The following renewable or alternative
energy generation activities, products, or technologies: solar (both
photovoltaic (PV) and thermal); wind; biomass power conversion or
thermal technologies, including R&D related to, or the manufacture
of, wood pellets; ultra-low emissions high efficiency wood pellet
boilers and furnaces; low impact hydro (electric or kinetic); ocean
thermal, wave or tidal; geothermal; landfill gas; fuel cells that
use renewable energy; advanced bio-fuels; combined heat and power;
electric and hydrogen powered vehicles and associated technologies
including advanced batteries and recharging stations."
Facilities used primarily for research,
development, manufacturing and/or testing of innovative renewable
or alternative energy information, concepts, methods, processes, materials
or products. This can include the design, development, manufacturing
and testing of biological, chemical, electrical, magnetic, mechanical,
and/or optical components in advance of product manufacturing.
A facility that has been licensed
as required by state and federal authorities for the testing and development
of various mechanical, electronic, photonic, agricultural, medical,
and biotechnological products and services.
Any premises used for the sale, dispensing
or serving of food, refreshments, or beverages in automobiles, including
those establishments where customers may serve themselves and may
consume the food, refreshments or beverages on the premises, when
received through a service window.
Establishments used for the sale
of a variety of goods at retail and personal and professional services
pertaining to health, beauty, and similar services but not fitness
centers.
A structure in the form of a wall
for holding in place a mass of earth or the like at the edge of a
terrace, excavation or property line provided that any retaining wall
located along a property line and extending more than six feet above
the average finished grade of the adjacent lot(s) shall be considered
an accessory building and must conform to the yard and height restrictions
for accessory buildings in § 4.03.
A natural occurrence or a man-made
device which shields from view various land use activities.
A building consisting of small, individual
self-contained units that are leased or owned for the storage of business
and household goods or contractor supplies, but precluding individual
storage units that have at grade and direct vehicular access.
The minimum horizontal distance from
the lot line or street line to the nearest part of the structure.
Sign shall mean and include any permanent
or temporary structure or building surface, or part thereof or device
attached thereon or other outdoor surface including billboards or
any combination of one or more of the foregoing containing any word,
letter, symbol, drawing, model, banner, picture or design, or any
device used for visual communication which identifies or calls attention
to any premises, person, product, activity, service or business, directing
the subject thereof to the attention of the public.
(a)
For a sign, either free-standing
or attached, the area shall be considered to include all lettering,
accompanying designs and symbols, together with the background, whether
open or enclosed, on which they are displayed, but not including any
supporting framework and bracing which are incidental to the display
itself.
(b)
For a sign painted upon or applied
to a building, the area shall be considered to include all lettering,
accompanying designs or symbols together with any backing of a different
color than the finish material of the building face.
(c)
Where the sign consists of individual
letters or symbols attached to or painted on a surface, building,
wall or window, the area shall be considered to be that of the smallest
rectangle or other convex shape which encompasses all of the letters
and symbols.
Collection of land use planning techniques
that features walkable, mixed-use, transit-oriented development with
the objective of creating more attractive, livable, economically strong
communities while protecting natural resources.
A permit for certain exceptions specified
in this Zoning Ordinance to the zoning regulations contained herein
which may be allowed at the discretion of the Board of Appeals subject
to the provisions of § 9.04-9.13.
(a)
The space between any floor and the
floor or roof next above improved for residential occupancy, provided
however that any basement shall not be deemed a story.
(b)
A story under a sloping roof (defined
as and required to be at least a 6/12 pitch, except dormers, which
shall have at least 3/12 pitch) shall be deemed a half-story if less
than 50% of its area has a clear interior height of seven feet or
more, improved or intended to be improved for residential occupancy.
Any new construction with ceiling height 4 feet and above shall be
included in the floor area, except where a dormer is required over
an existing stairway that has been deemed by the Inspector of Buildings
to be a hazardous means of egress.
A public or private way, alley, lane,
court or sidewalk which is open to the public or dedicated to public
use; and parts of public places which form traveled rights of way.
A combination of materials assembled
at a fixed location to give support or shelter, such as a building,
bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent,
stadium, reviewing stand, platform, bin, fence, sign, flagpole or
the like. The word "structure" shall be construed, where the context
allows, as though followed by the words "or part thereof."
To include, but not be limited to,
a set of procedures, policies and practices which, when taken as a
whole, are intended to reduce the number of single occupant vehicle
trips traveling to or from a site, and which includes quantifiable
goals and a plan for the collection and analysis of data to measure
achievement of goals.
The purpose for which land or a building
is arranged, designed, or intended, or for which either land or a
building is or may be occupied or maintained.
Such relief from the zoning regulations
contained in this Zoning Ordinance as may be necessary to avoid unique
and undue hardship to the appellant and which may be granted by the
Board of Appeals subject to the provisions of § 9.14-9.17.
The storage, sale and/or resale of
goods or products in large quantity to retailers or jobbers rather
than consumers.
An apparatus or facility providing
telephone, radio, television, or other wireless communications through
the sending and/or receiving of electromagnetic waves, by means of
any of the following:
(a)
ANTENNA: An apparatus designed to
be mounted on a structure to provide wireless communications.
(b)
TOWER: A free-standing structure
which may have antennas or monopoles mounted on it.
(c)
MONOPOLE: A single, straight pole
attached to the ground, on which antennas may be mounted.
An open space between the nearest
point of a building and the front lot line extending to the side yard
lines.
An open space between a side lot
line of a lot and the nearest point of the principal building and
extending from the front lot line to the rear lot line.
An open space extending along the
full length of the rear lot line or lines and between such line or
lines and the nearest point of the building.