In this chapter, the following terms and constructions shall
apply unless a contrary meaning is required by the context or is specifically
prescribed in the text of the ordinance. Words used in the present
tense include the future. The singular includes the plural and the
plural includes the singular. The word "shall" is mandatory and "may"
is permissive or discretionary. The word "and" includes "or" unless
the contrary is evident from the text. The word "includes" or "including"
shall not limit a term to specified examples, but is intended to extend
its meaning to all other instances, circumstances, or items of like
character or kind. The word "lot" includes "plot"; the word "used"
or "occupied" shall be considered as though followed by the words
"or intended, arranged, or designed to be used or occupied". The words
"building," "structure," "lot," or "parcel," shall be construed as
being followed by the words "or any portion thereof." The word "person"
includes a firm, association, organization, partnership, company,
or corporation, as well as an individual. Terms and words not defined
herein but defined in the Commonwealth of Massachusetts State Building
Code shall have the meaning given therein unless a contrary intention
is clearly evident in this chapter.
The travel lane that allows motor vehicles ingress from the
street and egress from the site.
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A subordinate building located on the same lot as the main,
or principal building or principal use, the use of which is customarily
incidental to that of the principal building or use of the land.
A use customarily incidental to that of the main or principal
building or use of the land.
A social day care or adult day health facility as those terms
are defined by the Commonwealth's Department of Elder Affairs.
"Adult use" shall mean a sexually oriented business as defined
herein.
The primary use of a property for agriculture, aquaculture,
silviculture, horticulture, floriculture or viticulture purposes within
the meaning of MGL c. 40A, § 3, and MGL c. 128, § 1A,
that are exempted from prohibition, unreasonable regulation, or the
requirement of a special permit, in the manner provided by MGL c.
40A, § 3. The change of use to agriculture exempt or new
construction or the expansion of existing construction by more than
500 square feet shall require site plan approval from the Planning
Board.
AGRICOMMERCIALCommercial activities designed to market to and bring the public to a farm enterprise for a farm related experience and increase the sale of agricultural products to the public with the express purpose of enhancing the agricultural viability of a farm enterprise.
AGRI-ENTERTAINMENTEntertainment, such as a seasonal event, festival, contest, music, party, or other time-specific event, designed specifically to bring the public to a farm enterprise for a farm-related educational experience by displaying a combination of the farm setting and products of the agricultural operations with the ultimate goal to encourage the purchase of agricultural products. Agri-entertainment is designed to enhance the agricultural viability of farm operations.
AGRITOURISMTourism designed specifically to bring the public to a farm enterprise for a farm-related educational experience by displaying a combination of the farm setting and products of agricultural operations with the goal to encourage the purchase of agricultural products. Agricultural tourism shall include farmstay programs, entertainment events on the farm, fundraising activities, and community events. Agritourism is designed to enhance the agricultural viability of the farm
The primary use of a property for agriculture, aquaculture,
silviculture, horticulture, floriculture or viticulture purposes within
the meaning of MGL c. 40A, § 3, and MGL c. 128, § 1A,
that are not exempted from prohibition, unreasonable regulation, or
the requirement of a special permit, in the manner provided by MGL
c. 40A, § 3. The change of use to agriculture nonexempt
or new construction or the expansion of existing construction by more
than 500 square feet shall require site plan approval from the Planning
Board.
A facility for the landing, takeoff, storage and repair of
airplanes, including helicopters.
Indoor facilities open to the public, such as a theater,
cinema or video arcade.
A device used to transmit and/or receive electromagnetic
waves conducted through the air.
Any frame, pole, tower or other mechanical device to which
one or more antennas are attached. Examples of antenna support structures
are towers, smokestacks, roof-mounted poles, or wall-brackets.
The commercial transmission or reception of radio, television
and/or microwave signals provided that such transmission or reception
shall be conducted in accordance with all federal and state rules
and regulations.
The person or persons, including a corporation or other legal
entity, who applies for issuance of a permit, approval, or other action
pursuant to this chapter. The applicant must own, or be the beneficial
owner of, all the land included in the proposed site, or have authority
from the owner(s) to act for him/her/it/them or hold an option or
contract duly executed by the owner(s) and the applicant giving the
latter the right to acquire the land to be included in the site.
Small-scale production or preparation of food made on site
with limited to no automated processes involved and may include, but
is not limited to, direct sales to or consumption by consumers. This
definition includes uses such as small-batch bakeries, microbreweries
(manufacturing 15,000 barrels per year or less), artisan distilleries
(manufacturing 10,000 barrels per year or less) as regulated by the
Commonwealth of Massachusetts, small-batch candy shops, and local
cheesemakers. This use may or may not have outdoor seating or patio
as an accessory use depending on the zoning district in which it is
located.
Application, teaching, making, or fabrication of crafts or
products by an artist, artisan, or craftsperson either by hand or
with minimal automation and may include direct sales to consumers.
This definition includes uses that employ activities and processes
such as small-scale fabrication, welding, and coating, that are typically
not permitted in nonindustrial zoning districts. This definition shall
not include artisan food and beverage preparation or sales.
Handicrafts including, but not limited to, glass, ceramics,
clothing, jewelry, paintings, and sculptures.
A building or any portion thereof containing units used by
the occupant(s) therein for both residential use and artist studio
space. Retail sales of art supplies and/or art produced on-site that
does not take place more than 20 hours per week will be an allowable
accessory use.
Space used for the creation, production, rehearsal or teaching
of any visual art or craft, including but not limited to painting,
drawing, journalism, architecture, graphic design, photography, video,
film, sculpture, and pottery; of written works of fiction or nonfiction;
or of any performing art, whether for live or recorded performance,
including music, dance, and theater, and accessory sales of such art.
Activities must conform to the following requirements:
The use, including storage of materials or products, shall be
carried on strictly within an enclosed building.
The production of offensive noise, vibration, smoke, dust or
other particulate matter, heat, humidity, glare, and other customary
potential impacts arising from such uses shall comply with applicable
law.
An assisted living residence as defined in 651 CMR 12.02.
A bank, loan agency or similar facility.
Accommodations with not more than five bedrooms occupied
by bed-and-breakfast guests in which the owner of the establishment
resides. Bed-and-breakfasts are intended for guest on intermittent
visits, and shall not be used as long-term rental units or apartments.
All parking for residents and guests shall be off-street.
A separate room intended for, or which customarily could
be used for, sleeping.
See "lodging house."
Screening accomplished by the use of planted areas, berms,
natural contours or natural vegetation, fences or a combination of
the above.
A structure enclosed within exterior walls, built, erected
and framed with a combination of any materials, whether portable or
fixed, having a roof, to form a structure for the shelter of persons,
animals or property.
An establishment for use by the practitioner of a building
trade such as a carpenter, welder, plumber, electrician, builder,
mason or similar occupation.
Any out-of-doors antenna support structure mounted on, erected
on, or supported in whole or in part by an existing building or structure
occupied and/or used for purposes other than wireless communications.
Such structures include, but are not limited to, office and industrial
buildings, smokestacks, steeples, water tanks and towers, observation
towers, silos, fixed-position industrial machinery. However, if the
structure is constructed primarily to support and/or camouflage an
antenna installation, see the definition of "freestanding antenna
support structure."
A business or professional office, a or outpatient clinic,
including laboratories incidental thereto.
Masked or disguised, partially or fully, to reduce the visual
impact of an antenna support structure and/or antenna.
Use of land as a burial ground.
A day-care center or school age child care program, as those
terms are defined in MGL c. 15D, § 1A.
A recreational use principally conducted inside a building
and operated as a business either open to the public or private membership
primarily for use by persons who do not reside on the same parcel
on which the use is located. Examples of commercial indoor recreation
uses include, but are not limited to, indoor athletic fields, courts,
and practice facilities; golf simulators and driving ranges; roller-
and ice-skating rinks; bowling alleys; climbing walls; swimming pools,
health and fitness centers; and accessory uses such as restrooms and
changing areas, snack bars, pro shops, or clubhouses designed and
intended primarily for use by patrons of the principal commercial
indoor recreation use.
An establishment where dogs, cats or other pets are kept
for the purpose of sale, breeding or boarding care.
A recreational land use principally conducted outside of
a building, operated as a business either open to the public or private
membership primarily for use by persons who do not reside on the same
parcel on which the use is located, and characterized by light to
moderate impacts on the surrounding neighborhood due to the characteristics
or intensity of the use, size of the parcel, location of the use on
the parcel, proximity to neighboring uses, access to sufficient transportation
infrastructure, and other factors. Examples of commercial outdoor
recreation uses include, but are not limited to, hiking, snowshoeing,
skiing, and zipline trails; campgrounds; horseback riding and stables;
athletic fields, courts, and practice facilities; golf driving range,
miniature golf, and disc golf; boating, fishing, and swimming; and
accessory indoor uses such as restrooms and changing areas, snack
bars, pro shops, or clubhouses designed and intended primarily for
use by patrons of the principal commercial outdoor recreation use.
An area or structure not accessory to a principal use on the same lot or associated premises pursuant to the provisions Section 181.51, Off-Street Parking, used for the parking of vehicles for a fee.
A wireless communications facility which is mounted, erected,
or supported within an existing building or structure (including buildings,
cupolas, church spires, inactive smoke stacks, and the like) occupied
and/or used for purposes other than wireless communications, and which
is not apparent from the exterior of the structure.
The use of land in its natural state or improved with trails
or resource management programs that do not significantly alter its
natural state.
A vertical hydroponic farm built inside an insulated container
capable of growing a variety of produce year-round regardless of outside
climate. The farm is equipped with climate control technology.
A facility or area for storage, open or enclosed, for construction
equipment or materials and commercial vehicles associated therewith.
An on-premises sign for the purpose of safely directing traffic
into or through parking lots and driveways
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle.
A room or group of rooms occupied or capable of being occupied
separate from any other such room or group of rooms occupied by a
family and equipped with cooking and sanitary faculties for the exclusive
use of such family for living, sleeping, cooking and eating.
A detached dwelling unit designed as the residence of one
family.
Three attached dwelling units designed as the residences
of three families.
Two attached dwelling units designed as the residences of
two families; including in-law apartments.
The removal of earth products from a lot, including but not
limited to sand, gravel, soil, loam and mineral products. The removal
of earth products which is incidental to and in connection with the
necessary excavation and grading of a site for a building or structure
and its appurtenant driveways or parking facilities, for which a permit
has been granted by the Building Commissioner, if such removal does
not exceed 150% of the volume of the first floor of the building or
structure, or the construction of a street approved under the Subdivision
Control Law,[1] shall not be considered as earth removal for the purposes
of this provision.
Use of land, buildings and structures for providing learning
in a general range of subjects on land owned or leased by the commonwealth
or any of its agencies, subdivisions or bodies politic or by a bona
fide religious sect or denomination or by a nonprofit educational
entity.
Educational facilities not exempted from regulation by MGL
c. 40A, § 3.
Services provided by a public service corporation or by governmental
agencies through erection, construction, alteration, or maintenance
of gas, electrical, steam, or water transmission or distribution systems
and collection, communication, supply, or disposal systems whether
underground or overhand, but not including wireless communications
facilities. Facilities necessary for the provision of essential services
include poles, wires, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment in connection therewith.
A person or number of persons occupying a dwelling unit and
living as a single housekeeping unit, provided that a group of five
or more unrelated persons shall not be deemed a "family" where not
related by blood, marriage or adoption, including wards of the state.
A private residence which, on a regular basis, receives for
temporary custody and care during part or all of the day, children
under seven years of age or children under sixteen years of age if
such children have special needs, and receives for temporary custody
and care for a limited number of hours, children of school age in
accordance with regulations promulgated by the office; provided, however,
that the number of children under the age of sixteen in a large family
day care home shall not exceed ten, including participating children
living in the residence. A large family day care home shall have at
least one approved assistant when the total number of children participating
in such day care exceeds six. "Large family day care home" shall not
mean a private residence used for an informal cooperative arrangement
among neighbors or relatives or the occasional care of children with
or without compensation therefor. (MGL c. 15D, § 1A.)
Any private residence which, on a regular basis, receives
for temporary custody and care during part or all of the day, children
under seven years of age or children under sixteen years of age if
such children have special needs; provided, however, in either case,
that the total number of children under sixteen in a family day care
home shall not exceed six, including participating children living
in the residence. "Family day care home" shall not mean a private
residence used for an informal cooperative arrangement among neighbors
or relatives, or the occasional care of children with or without compensation
therefor. (MGL c. 15D, § 1A.)
A farming operation that is entitled to protection under
MGL C. 40A, § 3.
Fruits, vegetables, mushrooms, herbs, grains, nuts, shell
eggs, honey or other bee products, maple syrup, flowers, nursery stock,
and livestock food products (including meat, milk, cheese, and other
dairy products).
Facility for the sale of produce, wine and dairy products
on property not exempted by MGL C. 40A, § 3.
An outdoor market at a fixed location, operating on a regular
schedule, open to the public, and operated by a governmental agency,
a nonprofit corporation, or one or more producers, at which a) at
least 50% of the vendors sell farm products or value-added farm products,
b) the remaining 50% of vendors serve either educational uses or are
vendors of artisan products, c) at least 50 percent of the vendors
are producers, agents of producers, or individuals selling farm products
or value-added farm products purchased or taken on consignment from
producers, with the final determination made by market manager flea
markets, yard sales and auctions are not farmers' markets. A
wayside stand or an individual selling such items from a truck are
not considered farmers' markets.
Any out-of-doors antenna support structure attached to the
ground and built for the primary purpose of supporting antennas, including
but not limited to monopoles, lattice towers (with or without guy
wires), and structures which are designed primarily to support antennas
but appear or act as another type of structure, such as flag poles,
watchtowers or obelisks.
A continuous lot line along the side line of a street which provides safe, convenient and meaningful vehicular and utility access to the buildable portion of the lot. Calculation of the frontage dimensional requirements shall be in conformance with Section 181.4122 of this chapter.
An undertaking or funeral establishment.
Establishment providing services to the general public or
to business establishments, such as equipment rental and leasing,
building cleaning, photocopying, telephone answering, word processing
or secretarial services; computer service bureaus; facilities for
dancing, martial arts or music instruction; facilities for repair
of appliances, office equipment, bicycles, lawn mowers or similar
equipment; and food catering facilities.
An occupations, business, trade, service or profession which
is incidental to and conducted in a dwelling unit or in a building
or other structure accessory thereto, by a resident thereof.
A facility for the provision of health care services, licensed
as an acute, subacute or chronic care facility by an appropriate governmental
authority if and to the extent required by applicable law, including
any facility for providing inpatient or ambulatory diagnostic, preventive,
medical, dental, surgical, mental or rehabilitation services, treatment
or counseling.
A facility providing transient lodging accommodations to
the general public.
A facility reserved by deed for occupancy by persons over
the age of 55 who are able to care for themselves, but with some common
facilities as described herein.
Land, including areas covered by water and including, but
not limited to, all waterways, dams, waterfalls, and canals.
The premises of a landscaping business where any of the following
activities and/or uses may be conducted by the business: indoor or
outdoor storage of equipment, supplies and materials; the parking
of wheeled equipment; the parking of two or more commercial vehicles.
A solar photovoltaic system that occupies more than 1,750
square feet of surface area, that is structurally mounted on the ground
and is not roof-mounted, and has a minimum nameplate capacity greater
than 10 kW DC.
The production, fabrication, processing or assembly of goods
in a manner that is in compliance with all state and federal rules
and regulations; confines disturbing smoke, fumes, dust, chemical
discharge and noise to the premises; and is not hazardous to abutters
because of potential fire, explosion or radiation.
A facility used by a noncommercial organization which is
characterized by formal written membership requirements.
A building, structure or a portion thereof where lodgings
are let to more than three, persons not within the second degree of
kindred to the person conducting it and shall include fraternity houses
and dormitories of educational institutions. The term includes student
housing owned by nongovernmental persons or persons or entities. The
definition does not include inns, bed-and-breakfast establishments,
or any hospital, sanatorium, convalescent or nursing home, infirmary
or boarding home for the aged licensed by the Department of Public
Health or any dwelling licensed, authorized or regulated by the Department
of Mental Health or any other agency of the commonwealth or United
States.
An area of land in one ownership, with definite boundaries,
used or available for use as the site of one or more buildings. Not
more than 10% of land under any water body, bog swamp, swamp meadow
or marsh, as defined in MGL c. 131, § 40 ,shall be included
in the lot area required under this chapter.
The boundary between a lot and other property or the public
right-of-way.
Lot line types.
FRONT LOT LINEOn an interior lot, the line separating the lot from the street or lane. On a corner lot, the shorter lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary access to the lot. On a rear or panhandle lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained. See Section 181.4122 Frontage.
REAR LOT LINEThe lot line that is opposite and most distant from the front lot line. Where no lot line is within 45° of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
SIDE LOT LINEAny lot line that is not a front or rear lot line.
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A facility for the open or enclosed storage and sale of building
materials.
Boats, trailers, motor homes, campers, recreational vehicles,
and other such types of equipment.
A travel lane located within the perimeter of a parking lot
by which motor vehicles directly enter and leave parking spaces.
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The production, fabrication processing or assembly of goods
in a manner that is in compliance with all state and federal rules
and regulations.
A use providing consultation, diagnosis, therapeutic, preventive,
or corrective personal treatment services by doctors, dentists, medical
and dental laboratories, and similar practitioners of medical and
healing arts for humans, licensed for such practice by the Commonwealth
of Massachusetts. Incidental medical and/or dental research within
the office is considered part of the office use, where it supports
the on-site patient services.
A facility that provides outpatient treatment whose primary
use includes the on-site dispensing of medication as a form of treatment.
A food service operation that is operated from a moveable
vehicle, portable structure, or watercraft, has the capability of
changing location, and does not remain at any one location for more
than forty consecutive days will all licenses under applicable law.
A structure, transportable in one or more sections, which
is eight body feet or more in width and is 32 body feet or more in
length and which is built on a permanent chassis and designed to be
used as a dwelling with permanent foundation, when connected to the
required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein.
Salesroom and related facilities, including but not limited
to open-air display, for the sale or lease of automobiles, motorcycles,
recreational vehicles and similar vehicles, boats, or light industrial
or farm equipment.
Premises for supplying fuel and oil, but not lubrication,
washing, minor repair services, bodywork, etc.
An establishment where the principal service is the repair
of motor vehicles or similar motor vehicles, provided that all major
maintenance and servicing of vehicles shall be conducted entirely
within a building, and further provided that outside storage of vehicles
shall be authorized by a special permit from the City Council.
Premises for the supplying of fuel, oil, lubrication, washing,
or minor repair services, but not to include body work, painting,
or major repairs.
Residential use or mixed use on a lot or lots held in common
ownership that contains four or more dwelling units in one or more
structures.
Use of land, buildings and structures by the City of Fitchburg.
A facility for the assistance, maintenance, care, treatment,
or recuperation of mentally or physically handicapped, injured, invalid,
convalescent or chronically ill persons on a full- or part-time basis,
licensed by an appropriate governmental authority if and to the extent
required by applicable law, including independent living facilities,
assisted living facilities, continuing care retirement facilities,
congregate living facilities, group care facilities, nursing homes,
long-term pediatric or geriatric care facilities, and rehabilitation
or physical, psychiatric, psychological, cognitive or behavioral therapy
facilities whether or not owned by or affiliated with a hospital.
Open-air storage of materials, merchandise, products or equipment
needed in connection with, or provided by the principal use of the
premises, provided that all such storage shall be screened from neighbors
and public ways.
Privately owned commercial parking open to the public for
automobiles and similar light motor vehicles.
The longitudinal dimension of the stall measured parallel
to the angle of parking.
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The linear dimension measured across the stall and parallel
to the maneuvering aisle.
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An establishment providing services involving the care of
a person or his or her apparel, such as a barbershop, laundry or dry-cleaning
shop, diaper service, shoe repair shop, steam bath, reducing salon
and health club, and clothing rental shop.
An active solar energy system that converts solar energy
directly into electricity.
A planned development on a plot of land in which a mixture
of residential, open space, commercial or other uses and a variety
of building types are determined to be sufficiently advantageous to
render it appropriate to grant a special permit to depart from the
normal requirements of the district to the extent authorized by this
chapter.
The primary or predominant use to which the property or usage
is or may be devoted and to which all other uses on the premises are
accessory.
A person or entity that raises or produces farm products.
Publishing and/or printing services, provided that all operations
shall confine disturbing smoke, fumes, dust, chemical discharge and
noise to the premises.
The maximum rated output of electric power production of
the photovoltaic system in watts of direct current (DC).
Noncommercial outdoor facilities for activities such as horseback
riding, skiing, ice skating, swimming and tennis.
The rules and regulations of the Planning Board relative
to subdivisions, special permits and site plans.
Use of land, buildings and structures for religious purposes
by a bona fide religious sect or denomination.
Facilities used primarily for the research, development,
testing, generation or production of renewable or alternative energy
or renewable or alternative fuels. This can include the design, development,
manufacturing and testing of biological, chemical, electrical, magnetic,
mechanical, and/or optical components in advance of generation/production
or manufacturing.
The renting of rooms for not more than two persons that may
include a private or common bath but no kitchen or cooking facilities.
Investigation and/or testing of goods and/or equipment, provided
that all operations shall confine disturbing smoke fumes, dust, chemical
discharge and noise to the premises and that no operation shall violate
any federal or state rule or regulation.
Any permanently affixed fixture or equipment used for the
wireless transmission or reception of radio signals located on the
same lot as, and customarily incidental to, a residential use. Such
fixture or equipment shall include, but not be limited to, those used
for reception of free or subscription radio or TV broadcasts, reception
and transmission of licensed amateur radio communications (per MGL
c. 40A, § 3), and reception and/or transmission of citizen's
band or other two-way radio communications.
An establishment where food and beverages are sold within
a building to customers for consumption at a table or counter or on
a patio or off the premises as carryout orders.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready to consume state for consumption either within the restaurant
building or off premises and usually requires ordering food at a counter.
An establishment engaged in displaying and selling goods
or merchandise within a building to the general public or to business
establishments, which goods or merchandise are not intended for resale,
except that a garden center, florist or commercial greenhouse may
have open-air display of horticultural products and that other open-air
displays may be allowed with a special permit from the Board of Appeals.
The room or group of rooms let to an individual for private
use as living and sleeping quarters with shared or common facilities
for cooking, shared bathroom facilities and common shared living area.
Shared or common facilities or areas are not permitted at all if they
can be reached only by passing through any private part of the dwelling
unit or rooming unit of another. The permit granting authority may
not waive this prohibition.
Any place of business at which any of the following activities
is conducted:
ADULT BOOKSTORE or ADULT VIDEO STOREA business that devotes more than 15% of the total display, shelf, rack, table, stand or floor area for the display and sale of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, tapes, records, CD-ROMs or other forms of visual or audio representations which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in MGL c. 272, § 31, or instruments, devices, or paraphernalia which are designed for use in connection with "sexual conduct" as defined in MGL c. 272, § 31, other than birth control devices.
ADULT CABARETA nightclub, bar, restaurant, or similar establishment which during a substantial portion of the total presentation time features a) live performances which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in MGL c. 272, § 31, and/or b) features films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total presentations of which is devoted to showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as defined in the MGL c. 272, § 31.
ADULT DRIVE-IN THEATERAn open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time is devoted to showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as described in MGL c. 272, § 31.
ADULT MOTELA motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total presentation time of which are distinguished or characterized by the depiction or description of materials which meets the definition of "harmful to minors" and/or "sexual conduct" as defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE ARCADEA place to which the public is permitted or invited, wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATERAn establishment with a capacity for five or more persons where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as defined in MGL c. 272, § 31, for observation by patrons. For purposes of this subsection and Subsections C, D, E, F and G infra, a "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than seven days within any 56-consecutive-day period.
ADULT THEATERA theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which are distinguished or characterized by activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in MGL c. 272, § 31.
NUDE MODEL STUDIOA place where a person appears in a state of nudity as defined by MGL c. 272, § 31, or displays male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals and is observed, or sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration, either on or off-site and either contemporaneously or via recorded media of any form, for such display where such display is characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as defined in MGL c. 272, § 31.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: a) physical contact in the form of wrestling and/or tumbling, rolling or similar conduct between persons of the opposite sex; or b) activities between male and female persons and/or persons of the same sex when one or more persons is in a state of nudity, or where the activities, described in a) or b) of this subsection, are characterized by conduct which meets the definition of "harmful to minors" and/or "sexual conduct" as defined in MGL c. 272, § 31.
SPECIFIED ANATOMICAL AREASAs used herein shall mean uncovered or exposed human genitals, the pubic region, or pubic hair; or buttocks or female breast(s) below a point immediately above the top of the areola or nipple; or a combination of the foregoing, or human male genitals in a discernible erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESAs used herein shall mean sexual conduct, either actually occurring or simulated, including acts of human masturbation; sexual intercourse; or physical contact by one person, in an act of apparent sexual stimulation or gratification, with another person's, clothed or unclothed, genitals, pubic area, buttocks, or the breast(s) of any female; or any sadomasochistic abuse, or acts by any person in apparent or actual sexual stimulation or gratification, including acts using animals or any objects.
Any device designed to inform or attract the attention of
persons not on the premises on which the device is located. Any building
surfaces other than windows which are internally illuminated or decorated
with gaseous tube or other lights are considered "signs." 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.
Temporary displays inside windows, covering not more than 30%
of window area, illuminated by building illumination only.
Standard gasoline pumps bearing thereon in usual size and form
the name, type, and price of gasoline.
Integral decorative or architectural features of a building,
except letters, trademarks, moving parts, or parts internally illuminated
or decorated with gaseous tube or other lights.
Devices identifying a building as distinct from one or more
of its occupants, such device being carved into or attached in such
a way as to be an integral part of the building, not illuminated separate
from building illumination, without color contrasting with sign background,
and not exceeding four square feet in area.
Address identification through numerals or letters not exceeding
three inches in height.
Interior window coverings not directing public attention to
a service, event, or use that are intended to block public view to
vacant space or space under construction or renovation.
The area of the smallest horizontally or vertically oriented
rectangle which could enclose all the display area of the sign, together
with any backing different in color or material from the finish material
of the building face, without deduction for open space or other irregularities.
Structural members not bearing advertising matters hall not be included
unless internally or decoratively lighted. Only one side of flat,
back-to-back signs need be included in calculating sign area.
Any household whose members are an interactive group of persons
jointly occupying a dwelling unit, including joint-access to and use
of all common areas including living, kitchen and eating areas within
the dwelling unit, and sharing household activities, and responsibilities
such as meals, chores, expenses and maintenance, and whose makeup
is determined by the members of the unit rather than by the landlord,
property manager, or other third party. This does not include a boardinghouse
or rooming house.
A room or space in which people sleep which can also include
permanent provisions for living, eating, and either sanitation or
kitchen facilities but not both. Such rooms and spaces that are also
part of a dwelling unit are not sleeping units.
A 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.
A 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.
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted; may be of any size (small,
medium or large scale).
An active solar energy system that occupies more than 1,750
square feet of surface area (equivalent to a rated nameplate capacity
of greater than 10 kW DC).
An active solar energy system that is structurally mounted
to the roof of a building or structure.
An active solar energy system that occupies 1,750 square
feet of surface area or less (equivalent to a rated nameplate capacity
of 10 kW DC or less).
A street shall be an improved public way, a way which the
City Clerk certifies is maintained and used as a public way, a way
shown on a subdivision plan theretofore approved and endorsed in accordance
with the Subdivision Control Law,[2] or a way in existence on August 25, 1958, if such way
has, in the opinion of the Planning Board, sufficient width, suitable
grades and adequate construction to provide for the needs of vehicular
traffic in relation to the proposed use of the land abutting thereupon
or served thereby and for the installation of municipal services to
serve such land and the buildings erected or to be erected thereupon.
For the purposes of this definition, a public way shall be considered
improved if such public way has, in the opinion of the Planning Board,
sufficient paved width, paved suitable grade and otherwise adequate
construction and ongoing City maintenance to provide for the needs
of the vehicular traffic in relation to the proposed use of the land
abutting thereupon or served thereby and for the installation of municipal
services to serve such land and the buildings erected or to be erected
thereupon.
A combination of materials assembled to give support or shelter,
such as buildings, kiosks, towers, masts, sheds, roofed storage areas,
mechanical equipment, swimming pools, signs or fences, but not including
driveways, walkways and other paved areas, underground storage tanks,
septic tanks and septic systems and accessory facilities associated
with the provision of utilities such as drains, wells, transformers
and telephone poles.
A container fabricated for the purpose of transporting freight
or goods by a truck, railroad or ship, including cargo containers,
shipping containers, storage units, or other portable structures that
are placed on private property and used for storage of items, including,
but not limited to, clothing, equipment, goods, household or office
fixtures or furnishings, materials and merchandise.
The cutting and removal of forest products on any parcel
of land in quantities greater than 25,000 board feet or 50 cords of
wood, but not including clearing of land associated with a valid building
permit or the cutting if timber for consumption by the property owner,
provided that all activity shall be in accordance with the Forest
Cutting Practices Act of the Commonwealth of Massachusetts.[3]
A facility for the storage and repair of trucks and/or buses.
Any product processed by a producer from a farm product,
such as but not limited to baked goods, jams, jellies, preserved vegetables
and fruits, and beeswax candles.
Outdoor storage of unregistered vehicles in whole or part,
or used vehicle parts.
A facility where animals are given medical or surgical treatment
and where the boarding of animals is limited to short-term care incidental
to the medical or surgical treatment.
A building for the storage, distribution or wholesale marketing
of material merchandise, products or equipment.
Land subject to the provisions of MGL c. 131, §§ 40
and 40A.
All forms of communications which transmit and receive electromagnetic
signals.
A structure designed to house radio communications equipment
that is associated with one or more wireless communications facilities.
It is placed in proximity to an Antenna support structure with a means
to permit its antennas to be connected to equipment housed in the
accessory building.
One system of transmission and/or reception equipment operated
by an FCC licensee or a communications service installed at one location.
The system includes any network equipment, one or more antennas mounted
on an antenna support structure, a means to connect the antenna(s)
to communications equipment, communications transmitting and/or receiving
equipment and related equipment required for the operation of the
facility. Such related equipment may be, for example, network interconnection
equipment, alternate power sources, or control and monitoring systems.
This definition shall include all facilities and equipment used by
grantee to provide service, including but not limited to antennas,
cables, fiber, repeaters, microwaves, radios, wires, lines, waveguides,
poles, towers, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, pedestals, or other associated conductors, converters,
equipment of facilities, and related hardware, installed by grantee
at a particular location to be used for its distribution and provision
of communications service and other lawful services within the City
of any so called utility infrastructure facility and any so-called
"hybrid transport network." Mobile vehicle-mounted or transported
systems, such as used for mobile news organizations, are not considered
wireless communications facilities under this chapter.
A space open to the sky, located between a building or structure
and a lot line, unoccupied except by fences, walls, poles, paving,
and other customary yard accessories.
A yard extending the full width of the lot and situated between
the street line and the nearest point of the building.
A yard the full width of the lot and situated between the
rear line of the lot and the nearest part of the main building projected
to the side line of the lot.
A yard situated between the nearest point of the building
and the side line of the lot and extending from the front yard to
the rear yard. Any lot line not a rear line or a front line shall
be deemed a side line.
The Zoning Map of the City of Fitchburg, Massachusetts, adopted
in accordance with and pursuant to the provisions of MGL c. 40A.
Chapter 181, Zoning of the City Code of Fitchburg, Massachusetts, adopted in accordance with and pursuant to the provisions of MGL c. 40A.
