A.
In this chapter the following terms, unless a contrary meaning is
required by the context or is specifically prescribed, shall have
the following meanings:
(1)
Words used in the present tense include the future, and the plural
includes the singular; the word "lot" includes the word "plot"; the
word "structure" includes the word "building"; the word "shall" is
intended to be mandatory; "occupied" or "used" shall be considered
as though followed by the words "or intended, arranged, or designed
to be used or occupied."
(2)
The word "person" includes a corporation as well as an individual.
B.
ABANDONMENT
ACCESSORY BUILDING
ACCESSORY DWELLING UNIT, ATTACHED
ACCESSORY DWELLING UNIT, DETACHED
ACCESSORY DWELLING UNIT, WITHIN
ACCESSORY USE
ADULT ENTERTAINMENT USES
AGRICULTURE, FLORICULTURE, HORTICULTURE, VITICULTURE
ALTERATIONS
ALTERNATIVE ENERGY
ANIMAL KENNEL OR HOSPITAL
ANTIQUE SHOP
AUTOMATED VENDING KIOSK
BANK
BILLBOARD
BUILDING
BUILDING HEIGHT
BUILDING LINE
BUILDING, DETACHED
BUILDING, PRINCIPAL
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
BULK STORAGE
CAMP GROUND
CAMPER
CANNABIS or MARIJUANA
(1)
(2)
(3)
CLUB
COMMISSION (CCC)
COMMON DRIVEWAY
CONGREGATE HOUSING
CONTRACTOR'S YARD
COOKING FACILITIES
CRAFT MARIJUANA COOPERATIVE
CRAFT WORKSHOP AND LIGHT ASSEMBLY WITH RELATED RETAIL
DEMONSTRATED PEAK ENERGY DEMAND
DEVELOPMENT
DORMITORY
DWELLING
DWELLING UNIT
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, THREE-FAMILY
DWELLING, TWO-FAMILY
ERECT
FAMILY CHILD-CARE HOME
FARM
FARM, POULTRY
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM.)
FLOODWAY
FRONTAGE
FUNCTIONALLY DEPENDENT USE
GROSS FLOOR AREA
HAZARDOUS MATERIAL
HEIGHT
HEMP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
HOME OCCUPATION
HOST COMMUNITY
HOST COMMUNITY AGREEMENT
HOTEL
IMPERVIOUS SURFACE
JUNK
JUNK/SALVAGE YARD
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
LIGHT INDUSTRY AND MANUFACTURING
LIGHTS, DECORATIVE
LODGING/BOARDING HOUSE
LOT
LOT AREA
LOT FRONTAGE
LOT LINES
LOT, BUILDING
LOT, CORNER
LOW-IMPACT DEVELOPMENT
MAKERSPACE
MARIJUANA COURIER
MARIJUANA CULTIVATION, INDOOR
MARIJUANA CULTIVATION, OUTDOOR
MARIJUANA CULTIVATOR
MARIJUANA DELIVERY OPERATOR or DELIVERY OPERATOR
MARIJUANA ESTABLISHMENT
MARIJUANA INDEPENDENT TESTING LABORATORY
(1)
(2)
(3)
MARIJUANA MICRO-BUSINESS
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA RESEARCH FACILITY
MARIJUANA RETAILER
MARIJUANA STANDARDS TESTING LABORATORY
MARIJUANA TRANSPORTER
MEDICAL CENTER/CLINIC
MEDICAL MARIJUANA DISPENSARY
MOBILE HOME
MOBILE HOME PARK
MOTEL
MULTIFAMILY
MUNICIPAL USE
NEW CONSTRUCTION
NON-COMMERCIAL-SCALE SOLAR ENERGY INSTALLATIONS
NONCONFORMING USE OR LAND OR STRUCTURES
NURSERY or GREENHOUSE
NURSING, CONVALESCENT OR REST HOME
OCCUPANCY PERMIT
ON-SITE SOLAR ENERGY SYSTEM
OPEN SPACE
PERSONAL AND CONSUMER SERVICE ESTABLISHMENT
PHILANTHROPIC INSTITUTION
PLANNED DEVELOPMENT
PRINTING
PRIORITY DEVELOPMENT SITES
PUBLIC RIGHT-OF-WAY
RADIO TRANSMISSION
RATED NAMEPLATE CAPACITY
RECREATION, INDOOR
RECREATION, OUTDOOR
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
RENEWABLE ENERGY
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
RESTAURANT
RESTAURANT, DRIVE-IN OR DRIVE-THROUGH
RESTAURANT, TAKE-OUT
RETAIL ESTABLISHMENT
RIDGELINE
ROADSIDE FARM STAND
SCHOOL, PRIVATE
SHARED HOUSING
SIGN
(1)
(2)
(a)
(b)
(c)
(d)
(e)
SIGN, AREA OF
(1)
(2)
SIGN, FREESTANDING
SIGN, OFF-PREMISES
SIGN, WALL
SMALL-SCALE, GROUND-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM
SPECIAL FLOOD HAZARD AREA
SPORTS CLUB
START OF CONSTRUCTION
STREET
STREET LINE
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
TATTOO PARLOR/BODY PIERCING STUDIO
(1)
(2)
(3)
TOXIC MATERIAL or TOXIC WASTE
TRANSPORT TERMINAL
TRIANGLE OF CLEAR SIGHT
USE
VARIANCE
VIOLATION
WAREHOUSE
WHOLESALING
WILDLIFE CORRIDOR
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Other definitions shall be as follows:
The cessation of a nonconforming use or structure as indicated
by the visible or otherwise indicated intention to discontinue a nonconforming
use of a structure or lot, or the cessation of a nonconforming use
or structure by its replacement with a conforming use or structure.
Abandonment shall also include nonconforming businesses closed for
business for a period of two years or more. The nonconforming use
shall not be reestablished if the nonconforming use has either been
abandoned or discontinued for a period of two years or more.
A subordinate building located on the same lot with the principal
building or use, the use of which is customarily incidental to that
of the main building or to the use of the land.
An attached accessory dwelling unit is a self-contained housing
unit added as an addition to a single-family or two-family home that
is clearly a subordinate part of the single-family or two-family home
and complies with each of the criteria stated in this chapter. This
definition does not include a trailer or mobile home, however mounted.
A detached accessory dwelling unit is a self-contained housing
unit that is located on the same lot as the structure of a single-family
or two-family home and may be incorporated within a garage or carriage
house or other accessory structure or as a stand-alone structure that
is clearly subordinate to the primary use as a single-family or two-family
home and complies with each of the criteria stated in this chapter.
This definition does not include a trailer or mobile home, however
mounted.
An accessory dwelling unit that is within a single-family
or two-family home is a self-contained housing unit incorporated within
the single-family or two-family home that is clearly a subordinate
part of the single-family or two-family home and complies with each
of the criteria stated in this chapter.
A use customarily incidental to that of the principal building
or use of the land, and located on the same lot as such principal
building or use.
Refer to definitions in § 200-51B of this chapter.
See "farm."
As applied to a building or structure, a change, rearrangement
or reconstruction of the structural parts, or an enlargement whether
by extending on a side or by increasing in height, or the moving from
one location or position to another.
A structure used for the harboring and/or care of more than
three dogs that are more than six months old, whether commercially
operated or not, except for farm dogs used for herding or protection
of livestock from predators.
An establishment for the sale of antiques, secondhand articles,
or collectible items, including a permanent or on-going tag, yard,
garage, or barn sale.
An automated machine that provides goods to consumers after
a financial transaction takes place.
The portion of the land surface which normally abuts and
confines a water body. The upper boundary of a bank is the first observable
break in slope or the mean annual flood level, whichever is lower
and as further defined in 310 CMR 10.54(2), Wetlands Protection Act.
A sign greater than nine square feet in area and 10 feet
in height which advertises products or services not sold or provided
on the premises on which the sign is located.
An enclosed structure, either a principal building or shed,
garage, stable, greenhouse, or other accessory building.
The vertical distance from the mean finished grade of the
ground adjoining the building to the highest point of the roof for
flat or shed roofs, to the deckline for mansard roofs, and to the
mean height between eaves and ridge for gable, hip, and gambrel roofs.
Not included are spires, cupolas, TV antennae, or other parts of structures
which do not enclose potentially habitable floor space.
The line of the face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed, but does not include steps.
A building completely surrounded by open space.
A building in which is conducted the main or principal use
of the lot on which said building is located.
A solar energy system shall be considered to be building-integrated
if it is designed to be permanently mounted on a building or other
structure. This definition applies to solar energy systems of any
capacity that are designed to be operated in direct contact with a
building.
Exposed outside storage of large quantities of sand, lumber,
coal or other materials, and storage of large quantities of liquids
and gases in tanks except underground as an accessory use.
Premises used for campers, and/or tenting, where a fee is
charged. Facilities operated on a seasonal basis for a continuing
supervised recreational, and/or athletic program.
A portable dwelling, eligible to be registered and insured
for highway use, designed to be used for travel, recreational and
vacation uses but not for permanent residence. Includes devices commonly
called travel trailers, pickup campers, motorized campers, and tent
trailers.
All parts of any plant of the genus Cannabis, not excepted in 935 CMR 500.002: cannabis or marijuana Subsection (1) through (3) and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; clones of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in MGL c. 94G, § 1; provided that cannabis shall not include:
The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil, or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination;
Hemp; or
The weight of any other ingredient combined with cannabis or
marijuana to prepare topical or oral administrations, food, drink
or other products.
Premises or building of a membership organization exclusively
servicing members and their guests but not including any vending stands,
merchandising, or commercial activities except as required generally
for the membership and purpose of such club. Does not include sports
clubs as elsewhere defined, or clubs or organizations whose chief
activity is a service customarily carried on as a business.
The Cannabis Control Commission.
Any drive, right-of-way or private way which provides access
to two or more lots but which does not qualify as a street for determining
frontage under MGL c. 40A and c. 41.
A building or buildings consisting of independent and semi-independent
dwelling units with some shared facilities and services occupied by
not more than two residents per dwelling unit, at least one of whom
is 55 years of age or older, or physically handicapped or disabled.
Premises used by a contractor or subcontractor for storage
of equipment and supplies, fabrication of subassemblies, or parking
of wheeled equipment.
Any facility including but not limited to a hot plate, microwave
oven, or portable oven, which permits the occupant of a building to
prepare or serve hot meals in the building.
A marijuana cultivator comprised of residents of the Commonwealth
of Massachusetts 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 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.
A shop that sells goods made by hand such as decorative objects,
clothing, and household tools to include the materials and tools used
for making such goods.
The highest electric load measured on any day during the
twenty-four-month time period prior to submission of a solar energy
system permit application.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. (44 CFR Part 59)
A structure containing sleeping rooms, dining rooms, and
accessory facilities constructed or converted by an educational institution
for the exclusive use of students.
A building designed or used exclusively as the living quarters
for one or more families or individuals.
A single unit providing independent living facilities for
one or more persons including permanent provisions for cooking, living,
sanitary and sleeping facilities independent of any other unit.
A structure containing four or more dwelling units, irrespective
of ownership or tenure including apartments, efficiency apartments,
and townhouses.
A detached building containing one dwelling unit and having
no party wall, or walls, in common with an adjacent dwelling. Also
referred to as a "single-family dwelling."
A detached building containing three dwelling units. Also
referred to as a "triplex."
[Amended 3-20-2024]
A detached building containing two dwelling units. Also referred
to as a "duplex."
To build, construct, reconstruct, move upon, or conduct any
physical development of the premises required for a building. To excavate,
fill, drain and the like preparation for building shall also be considered
to erect.
A private residence that, on a regular basis, receives for
temporary custody and care during part or all of the day, children
up to and through age 12 or children under 16 years of age if such
children have special needs, and receives for temporary custody and
care for a limited number of hours, children of school age in accordance
with regulations promulgated by the Office of Child Care Services
of the Commonwealth of Massachusetts; provided however, that the number
of children under the age of 16 must not exceed 10. A family child-care
home shall not mean a private residence used for an informal cooperative
arrangement among neighbors or relatives, or the occasional care of
children with or without compensation therefor.
Premises used for the principal purpose of raising agricultural,
horticulture, floriculture, or viticulture products including the
sale of produce, wine and dairy products, the majority of which were
produced on the premises, but not including the raising of livestock
or poultry on parcels of five acres or less.
Premises used in the production of poultry and/or eggs, having
more than 10 poultry. Premises on parcels of land less than five acres
are allowed to have up to 10 poultry, not to include roosters.
[Amended 3-20-2024]
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E.
(44 CFR Part 59)
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. (Base Code, Chapter 2, Section 202)
See "lot frontage."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. (44 CFR Part 59; also referenced
Standard ASCE 24-14)
The total square footage of all the floor area in a building
measured from the exterior face of the exterior walls.
A substance or material whether in gaseous, liquid or solid
form, or a combination thereof in a quantity or form that poses a
substantial threat to human health or poses an unreasonable risk to
health, safety, property or the environment when improperly managed,
including all materials listed as hazardous by the Environmental Protection
Agency, under the Toxic Substance Control Act, Federal Resource Conservation
and Recovery Act or similar authority, the Department of Energy or
the Commonwealth of Massachusetts pursuant to applicable General Laws.
See "building height."
The plant of the genus Cannabis or any part of the plant,
whether growing or not, with a delta-9-tetrahydrocannabinol concentration
that does not exceed 0.3% on a dry weight basis of any part of the
plant of the genus Cannabis, or per volume or weight of cannabis or
marijuana product, or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant of the genus
Cannabis regardless of moisture content.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. (44 CFR
Part 59)
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An endeavor involving the production or provision of goods
or services from a dwelling, which is conducted in a residence and
does not change the residential character of the residence.
A municipality in which a marijuana establishment is located
or in which an applicant has proposed locating an establishment.
An agreement, pursuant to General Laws Chapter 94G, Section
3(d), between a marijuana establishment and a municipality setting
forth additional conditions for the operation of a marijuana establishment,
including stipulations of responsibility between the parties and up
to 3% host agreement revenue sharing.
A building or group of buildings providing accommodations
on a transient basis for compensation, including an inn, motel, and
motor lodge. Accommodations having individual cooking facilities shall
be considered dwelling units.
An impervious surface shall be considered one with a runoff
coefficient of greater than 90%. All structures, driveways, parking
areas and paved surfaces exceeding a 90% runoff coefficient shall
be considered as impervious surfaces.
Any article or material or collection thereof which is worn
out, cast off or discarded and which is ready for destruction or has
been collected or stored for salvage or conversion. Unregistered inoperative
motor vehicles stored outdoors for more than six months shall be considered
junk.
The use of any area of any lot, whether inside or outside
a building, for the storage, keeping, or abandonment of junk, scrap,
or discarded materials, or the dismantling, demolition or abandonment
of automobile(s) or other vehicle(s) or machinery or parts thereof.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 250 kW DC.
A section of an economy's secondary industry characterized
by less capital-intensive and more labor-intensive operations for
the production of small goods. Products made by an economy's light
industry tend to be targeted toward end consumers rather than other
businesses.
Lighting used as an advertising device as part of a sign
or part of any structure or building. This shall not include commonly
used seasonal lighting for holidays.
A building containing more than two rooms for semi-permanent
residence (longer than one week) not having cooking facilities in
the rooms (microwave ovens excepted), not shared as a single housekeeping
unit, and the occupants thereof not being within the second degree
of kindred to the proprietor. Included in this definition are fraternity
houses, sorority houses, and dormitories of educational institutions.
It does not include dormitories of charitable or philanthropic institutions,
convalescent or nursing homes, group residences licensed or regulated
by agencies of the Commonwealth under MGL c. 71, § 11, or
rest homes so licensed. This also does not include apartments, motels,
hotels, tourist homes, inns, bed-and-breakfasts, or congregate housing.
A parcel of land.
The area of the lot exclusive of any area in a street or
recorded way open to public use. At least 25% of the lot area shall
not have a slope of 15% or more or contain wetlands as delineated
in the Wetlands Protection Act, MGL c. 131, § 40, and as
defined in 310 CMR 10.00.
That portion of a lot fronting upon a street to be measured
continuously along one street line between its side lines and their
intersection with the street line. The required frontage dimension
shall extend from the street line to the building line. Frontage shall
provide both rights of access and potential vehicular access across
that lot line to a potential building site. The portion of a lot fronting
on a discontinued or unconstructed road does not constitute frontage.
The lines bounding a lot as defined herein.
A parcel of land in one ownership meeting the dimensional
requirements of this chapter for the district in which such land is
situated, and if occupied by a building or buildings, meeting the
minimum yard requirements of that district, and defined on a plan
or deed recorded in the Registry of Deeds.
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°. (Also see § 200-27D.) (See Diagram 1.)
 |
Low-impact development (LID) is an approach to site design
and stormwater management that seeks to maintain the natural features
of a site, reduce impervious surfaces like roads and parking lots,
and allow stormwater runoff to infiltrate the ground close to where
it falls by using small, decentralized stormwater management techniques.
These techniques reduce soil erosion and sedimentation and the amount
of pollutants that stormwater can pick up from lawns and roadways,
and helps to recharge groundwater levels. Examples include, but are
not limited to, sensitive site design, vegetated swales, rain gardens/bioretention
areas, rainwater harvesting, green roofs, street trees and the preservation
of mature trees and vegetation, and permeable or porous pavement.
An enterprise that provides technology, equipment, and educational
opportunities to the public. They are typically funded by membership
fees or through affiliations with external organizations such as universities,
for-profit companies, nonprofit organizations, and municipalities
and allow members to design, prototype, and manufacture items using
tools that would otherwise be inaccessible or unaffordable.
An entity licensed to deliver finished marijuana products,
marijuana accessories and branded goods directly to consumers from
a marijuana retailer, or directly to registered qualifying patients
or caregivers from an MTC, but is not authorized to sell marijuana
or marijuana products directly to consumers, registered qualifying
patients or caregivers and is not authorized to wholesale, warehouse,
process, repackage, or white label. A marijuana courier is an additional
license type under MGL c. 94G, § 4(b)(1) that allows for
limited delivery of marijuana or marijuana products to consumers;
and shall not be considered to be a marijuana retailer under 935 CMR
500.002, Definitions, or 935 CMR 500.050, Marijuana Establishments,
and shall be subject to 935 CMR 500.050(1)(b), Control Limitations.
[Added 10-20-2021]
An indoor marijuana cultivation shall be within a fully enclosed
and secured space within a building envelope that complies with the
Massachusetts Building Code and the Greenfield Building Code. A fully
enclosed space shall have a complete opaque roof, a foundation, slab
or equivalent base, to which the floor is secured by bolts or similar
attachments, and is secure against unauthorized entry. The building
shall be accessible only through one or more lockable doors, with
walls and roofs constructed of solid materials such as two inch by
four inch or thicker studs overlaid with three-eighths inch or thicker
plywood or the equivalent. Plastic sheeting, regardless of gauge,
or similar products shall not satisfy this requirement. An indoor
cultivation shall be allowed to cultivate plants under artificial
lighting and shall maintain a climate-controlled environment capable
of regulating light, heat, water, nutrition, and pests. An indoor
cultivation shall have a ventilation and filtration system that prevents
marijuana plant odors from exiting the interior of the structure.
For the purpose of this chapter, neither a greenhouse nor a hoop house
shall be considered a fully enclosed and secured space within a building
envelope.
[Added 12-21-2022]
An outdoor cultivation shall be any location that is not
within a fully enclosed and secure space within a building, as contained
in the definition of an indoor cultivation. "Outdoor cultivation"
means the cultivation of mature cannabis without the use of artificial
lighting in the canopy area at any point in time. Artificial lighting
is permissible only to maintain immature or vegetative mother plants.
[Added 12-21-2022]
An entity licensed to cultivate, process, and package marijuana,
to deliver marijuana to marijuana establishments, and to transfer
marijuana to other marijuana establishments, but not to consumers.
A craft marijuana cooperative is a type of marijuana cultivator.
An entity licensed to purchase at wholesale any warehouse-finished
marijuana products acquired from a marijuana cultivator, marijuana
product manufacturer, microbusiness or craft marijuana cooperative,
and white label, sell and deliver finished marijuana products, marijuana
accessories and marijuana branded goods directly to consumers, but
is not authorized to repackage marijuana or marijuana products or
operate a storefront under this license. A delivery operator is an
additional license type under MGL c. 94G, § 4(b)(1) that
allows for limited delivery of marijuana or marijuana products to
consumers; and shall not be considered to be a marijuana retailer
under 935 CMR 500.002, Definitions, or 935 CMR 500.050, Marijuana
Establishments, and shall be subject to 935 CMR 500.050(1)(b), Control
Limitations.
[Added 10-20-2021]
A marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, marijuana retailer, independent testing laboratory,
marijuana research facility, marijuana transporter, or any other type
of licensed marijuana-related business, including a medical marijuana
treatment center.
A 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 Cooperation
mutual recognition arrangement or that is otherwise approved by the
Commission;
Independent financially from any medical marijuana treatment
center or any licensee or marijuana establishment for which it conducts
a test; and
Qualified to test marijuana in compliance with regulations promulgated
by the Commission pursuant to this chapter.
A co-located marijuana establishment that can be either a
Tier 1 marijuana cultivator or product manufacturer or both, in compliance
with the operating procedures for each license. A micro-business that
is a marijuana product manufacturer may purchase no more than 2,000
pounds of marijuana per year from other marijuana establishments.
An 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 to consumers.
An entity licensed to engage in research projects by the
Commission. A marijuana research facility may not sell marijuana it
has cultivated.
An entity licensed to purchase and transport cannabis or
marijuana product from marijuana establishments and to sell or otherwise
transfer this product to marijuana establishments and to consumers.
Retailers are prohibited from delivering cannabis or marijuana products
to consumers; and from offering cannabis or marijuana products for
the purposes of on-site social consumption on the premises of a marijuana
establishment.
An entity that would otherwise qualify to be an independent
testing laboratory but instead performs blind tests to verify the
results of an independent testing laboratory at the request of the
Commission.
An entity, not otherwise licensed by the Commission, that
is licensed to purchase, obtain, and possess cannabis or marijuana
product solely for the purpose of transporting, temporary storage,
sale and distribution to marijuana establishments, but not to consumers.
Marijuana transporters may be an existing licensee transporter or
third party transporter.
Office and/or examination rooms for providing diagnostic
and outpatient medical or dental treatment and care for human patients
and employing physicians, dentists, nurses and other medical support
staff. May include laboratory and outpatient surgical facilities but
shall not include overnight inpatient medical, dental or surgical
care facilities.
A medical marijuana treatment center as defined in 105 CMR
725.004 and regulated in 105 CMR 725.100.[1]
A dwelling unit built on a chassis, containing complete electrical,
plumbing and sanitary facilities, and designed to be installed on
a temporary or permanent foundation for either temporary or permanent
living quarters.
Premises which have been planned and improved for the placement
and residential occupancy (but not sale) of two or more mobile homes.
See "hotel."
See "dwelling, multifamily."
Land or structure used for any operation by the City government,
except as elsewhere more specifically defined.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. (Referenced Standard ASCE 24-14)
Any building-integrated solar energy system or small-scale,
ground-mounted solar energy system.
Any structure or use of land lawfully existing at the effective
date of this chapter or subsequent amendment which does not conform
to one or more provisions of this chapter.
Premises used for the gainful purpose of propagation of trees,
shrubs, vines, flowers, or other plants for transplanting, stock for
grafting, or for cut flowers.
Any dwelling or building where persons are housed or lodged
and furnished with meals and nursing care for hire.
A permit authorizing the occupancy and the use of land and/or
structures and buildings.
A solar energy system that is sized primarily to produce
electricity to be consumed at that site of generation, up to 1.5 times
the demonstrated peak energy demand. On-site solar energy systems
may or may not be connected to an electric power utility.
Ground space other than that occupied by structures, walkways,
drives, parking or other impervious surface. Required yard setbacks
may be included as open space if the area meets the above requirements.
Barbershop, beauty parlor, pet grooming, laundromat, tailoring,
shoe cleaning/repair, health club, and other similar places of business
but not including medical and dental offices or veterinarians.
An endowed or charitably supported nonprofit religious or
nonsectarian activity maintained for public or semipublic use.
A parcel of land consisting of one or more contiguous lots
to be considered as a whole for development purposes built in accordance
with an approved site plan from the Planning Board which shall include
provision for long-term maintenance of utilities, common driveways,
landscaping and other site improvements by current and future owners.
Premises used for newspaper, periodical and book printing;
commercial printing, map printing, but not including photocopying.
Those properties designated as such by majority vote of the
City Council and subsequent approval by the Interagency Permitting
Board, established by MGL c. 23A, § 62, all pursuant to
MGL c. 43D, identified in the Assessor's records as Map 26, Parcel
36A and Map 51, Parcels 10 through 18 and 20 through 23.
An area that allows for the passage of people or goods. Right-of-way
includes passageways such as freeways, streets, bike paths, alleys,
and walkways. A public right-of-way is a right-of-way that is dedicated
or deeded to the public for public use and under the control of a
public agency. In no case shall a right-of-way be construed to mean
an easement.
Premises used for the commercial transmission of radio or
television, not including studios.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
Bowling alley, pool or billiards hall, or other recreation
carried on wholly in an enclosed building but not including arcades.
Drive-in theater, golf course/golf driving range, bathing
beach, sports club, horseback riding stables, boathouse, game preserve,
marina or other commercial recreation carried on in whole or in part
outdoors except those activities more specifically designated elsewhere
in this chapter.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
|
(44 CFR Part 59)
|
See "floodway."
The following shall be considered renewable energy:
Solar - 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 and kinetic.
Ocean thermal, wave or tidal.
Geothermal.
Landfill gas.
Fuel cells that use renewable energy.
Advanced biofuels.
Notwithstanding the above, "renewable/alternative energy R&D
facility" or "renewable/alternative energy manufacturing facility"
as used in this Zoning Ordinance shall not mean or include uses for
the generation of electricity, heat and/or the production of fuels.
Premises the principal use of which is the sale of food or
drink ready for consumption without further preparation.
A restaurant where food or drinks are usually served to or
consumed by patrons while they are seated in vehicles.
A restaurant where food or drinks are primarily served for
consumption off the premises without a drive-in or drive-through service.
Premises used for the retail sale of goods for personal or
business use to include internet retail sales, and also premises used
for personal, business or household services. Does not include retail
businesses elsewhere defined or permanent or on-going tag, yard, garage,
or barn sales.
The line forming the upper edge or crest of a hill or mountain.
A structure of a semipermanent or temporary type located
in a district in which agricultural uses are allowed, from which raw
produce is offered for sale to the public.
An educational facility not exempt from MGL c. 40A, § 3,
including private primary and secondary schools, colleges, nursery
school, kindergarten, or child day-care facility.
A dwelling unit shared by more than four but a maximum of
six residents, whether or not related to one another, each of whom
is 55 years of age or older.
Any device designed to direct, inform, advertise, announce or
attract attention. Any exterior building surfaces which are internally
illuminated or decorated with gaseous tube or other lights are considered
signs, as are advertising devices attached to vehicles, trailers,
or other movable objects if regularly located for display.
The following, however, shall not be considered "signs" within
the context of this chapter:
Flags and insignia of any government except when displayed in
connection with commercial promotion;
Legal notices, or informational devices erected or required
by public agencies;
Standard gasoline pumps bearing thereon in usual size and form
the name, type, and price of gasoline;
Integral decorative or architectural features of buildings;
however, letters, registered trademarks, moving parts, and parts internally
illuminated or decorated with gaseous tube or other lights shall be
considered signs, even if an integral part of the building;
On-premises devices guiding and directing traffic, parking,
and public services (i.e., rest rooms, telephones), not exceeding
two square feet in area, and bearing no advertising matter.
The area of any sign shall be considered to include all lettering,
wording, and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed including the
frame around the sign but not any supporting structure or brace.
For signs consisting of individual letters or symbols attached
to or painted on a surface, building wall or window, or for signs
in which the letters, symbols, etc. extend beyond the frame, the area
shall be considered to be that of the smallest rectangle which encompasses
all of the letters and symbols.
A self-supporting sign not attached to any building, wall,
or fence, but in a fixed location. This does not include portable
or trailer-type signs.
Any sign in which the subject matter does not relate exclusively
to the products or services sold or provided on the premises.
Any sign which is painted on, incorporated into, or affixed
parallel to the wall of a building.
A solar energy system that has its solar panels structurally
mounted on the ground and occupies a footprint of 2,500 square feet
of area or less.
All equipment, machinery and structures utilized in connection
with the conversion of light to electricity. This includes, but is
not limited to, transmission, storage, collection and supply equipment,
substations, transformers, service and access roads.
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. (Base Code, Chapter 2, Section
202)
A club whose primary purposes are conservation, hunting,
or fishing.
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. (Base Code, Chapter 2, Section 202)
A public way, a private way shown on a plan approved under
the Subdivision Control Law,[2] or a way in existence when the Subdivision Control Law
became effective in Greenfield having in the opinion of the Planning
Board sufficient width, suitable grades, and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed
use of the abutting land or land to be served thereby and for the
installation of municipal services to serve such land and the buildings
erected or to be erected thereon.
The line between the lot and the street layout.
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something located on the
ground except a boundary wall or fence, or a road and any fixtures
appurtenant thereto. For floodplain management purposes, structure
means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home. (44 CFR Part 59)
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. (As amended by MA in 9th Edition
BC)
An establishment whose principal or accessory business activity
is the practice of one or more of the following:
Placing of designs, letters, figures, symbols, or other marks
upon or under the skin of any person, using ink or other substance
that results in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin;
Creation of an opening in the body of a person other than the
ear lobe, for the purpose of inserting jewelry or other decoration;
Altering the skin of a person through scarification or branding.
A substance or material, whether in gaseous, liquid or solid
form, or a combination thereof in a quantity or form that significantly
contributes to serious illness or death, or that poses a substantial
threat to human health, or poses an unreasonable risk to health when
improperly managed, including all materials listed as toxic by the
Environmental Protection Agency, under the Toxic Substance Control
Act, Federal Resource Conservation Recovery Act or similar authority,
or by the Commonwealth of Massachusetts pursuant to applicable General
Laws.
Premises for the parking and/or serving of three or more
vehicles with six or more wheels or any number of vehicles of over
two-ton load capacity, except agricultural vehicles, campers, contractors
yards, and the parking or serving of the above-listed vehicles permitted
as an accessory use to a principal use allowed by right or special
permit.
The area of a corner lot formed by the intersecting street
lines and a straight line joining said street lines at a point which
is 25 feet from the point of intersection measured along said street
lines. Also, the areas of a lot with a driveway serving five or more
vehicles formed by the street line, the edge of driveway surface,
and a straight line joining said street line and edge of driveway
surface at a point which is 25 feet from the point of intersection
measured along said street line and edge of driveway. All drives serving
five or more vehicles shall have two triangles of clear sight. (See
Diagram 2.)
 |
The specific purpose for which land or building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A grant of relief by a community from the terms of a floodplain
management regulation. (44 CFR Part 59)
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. (44 CFR Part 59)
Indoor storage of goods for distribution, but not for sale
on the premises.
Sale of commodities in quantity for resale or further processing.
A wildlife corridor is a link of wildlife habitat, generally
native vegetation, which joins two or more larger areas of similar
wildlife habitat. Corridors are critical for the maintenance of ecological
processes including allowing for the movement of animals and the continuation
of viable populations.
An open area on the same lot with a building or other structure
located between the building and the lot lines, unoccupied and unobstructed
by structures from the ground up except as may be allowed by specific
provisions of this chapter including ingress and egress as required
by the Building Code.
The portion of a lot extending the full width of the lot
and situated between the street line and the required front setback
line.
The portion of a lot extending the full width of the lot
and situated between the rear line of the lot and the rear minimum
required rear setback line.
The portion of a lot situated between the side line of the
lot and the minimum required side setback line and extending from
the front yard to the rear yard.
 |
