In construing this by-law, the following words shall have these meanings herein given, unless a contrary intention clearly appears:
The ability of vehicular traffic to enter upon and exit any lot through the "front lot line(s)" as defined in this by-law. For the purposes of this by-law, access is provided only through front lot lines and no other boundary.
A detached subordinate structure(s), the use of which is incidental to that of the principal structure and located on the same lot or parcel.
A use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
Housing that contains affordable units as defined by § 400-37, Affordable housing.
A multi-family housing unit that is subject to a use restriction recorded in its chain of title, limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both, and eligible for listing on the Commonwealth of Massachusetts Subsided Housing Inventory.
Commercially operated entertainment of the type commonly associated with carnivals, amusement parks and/or beach arcades.
All panels, dishes or other types of equipment used to propagate radio frequency signals, or similar devices.
A natural person, a corporation, a limited-liability company, a partnership, or any other entity capable of holding title to real property.
A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
The median family income for the metropolitan statistical region that includes the Town of Rockport, as defined by the U.S. Department of Housing and Urban Development (HUD).
Workspace in a building for the creation and display of works of art by one or more artists or artisans, including the accessory exhibition, display, or sale of art produced on the premises.
An establishment that is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or motor vehicle parts as defined in MGL c. 140B, § 1.
General repair, rebuilding, or reconditioning of engines and motors; body work; frame work; welding; and major painting service for motor vehicles and trailers.
Any building, structure or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils or accessories, including minor services such as lubrication of automobiles and replacement or installation of minor parts and accessories.
Average of the existing grade elevations, prior to any site preparation or other construction activity, taken at each corner of the house. For an unusually shaped house or one with an inordinate number of corners at one elevation that may alter the average grade substantially, at the determination of the Building Inspector, the average grade will be calculated by identifying points at regular intervals 10 feet along the perimeter of the foundation and averaging that.
Land or buildings used for the hauling, storage or launching, repair or maintenance of vessels or related mechanical equipment or other floating structures employed for marine commerce, pleasure, boating, docking or storage.
A single structure enclosed within exterior walls, built, erected and framed of a combination of any materials, whether portable or fixed, and having a roof, to form a structure for the shelter of persons, animals or property.
The portion of a lot that is covered by any buildings, including accessory buildings and any attachments thereto such as porches and decks, except for uncovered decks where rainwater can drip through and fall to a pervious surface below.
An access to a basement level consisting primarily of a sloping door system covering a basement access stair. A bulkhead placed within the setback shall not exceed 42 inches above finished grade at its highest point.
A facility operated on a regular basis whether known as a child nursery, nursery school, day care, kindergarten, child play school, progressive school, child development center, pre-school, or known under any other name which receives children, not of common parentage, under seven years of age, or under 16 years of age if these children have special needs, for non-residential custody and care during part or all of the day separate from their parent(s). 606 Mass. Code Regs. 7.02.
Code of Massachusetts Regulations.
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content, and which is designed for use, or claimed to have value, in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by state regulations.
A small retail establishment, including those that may be located within or associated with another use, that offers for sale goods such as prepackaged food items, other household goods, and limited beer and wine items.
A division of land into two or more lots in such a manner as to constitute "subdivision" as defined in MGL c. 41, § 81L, as amended from time to time, and in which minimum lot size is that required for a single-family home in the zoning district.
An unroofed platform, typically with plank flooring, enclosed by siding that meets the current building codes and that consists of either the building, railings with spaced balusters, cable, or transparent siding.
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, pouring, or placing of toxic or hazardous material or hazardous waste upon or into any land or water such that it may enter the surface waters or groundwater.
A roofed structure projecting through a sloping roof.
A subsurface pit with open-jointed lining or holes through which stormwater drainage from roofs, basement floors, foundations or other areas seep into the surrounding soil.
Any building used in whole or in part for human habitation.
One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities.
Massachusetts Executive Office of Housing and Livable Communities.
One or more persons occupying a dwelling unit and living as a single, housekeeping unit.
A tract of land devoted to agricultural purposes.
Any structure constructed of rails, timber, boards, metal, masonry, stone, earthworks such as berms, or other man-made objects or materials, which prevents intrusion, marks a boundary, provides visual screening or provides security from noise, wind or dust.
Any luminaire that concentrates the light output into a directed beam in a particular direction.
For the purpose of calculating front lot setbacks, the term "front lot line" shall mean that lot line which provides the minimum required lot frontage of the zoning district where the lot is located and access for the lot.
The vegetation and forests that provide services to the community such as groundwater filtering and retention, aquifer recharge, carbon sequestration and temperature control.
The square footage of the floor area measured between the outside of exterior walls or between the outside of exterior walls and the center line of party walls dividing the building. The exterior wall of the 1/2-story attic is considered the same as the exterior wall of the floor below. A gross floor area calculation makes no deduction for interior architectural features such as stairs, hallways, closets, elevator shafts, on-grade garages, lofts and mezzanines. Subsurface basements are excluded and attic space with a ceiling height of no more than seven feet at its highest point is excluded from a gross floor area calculation. Outdoor roof deck or balcony areas open to the sky or covered by patio cover or similar structure, unless enclosed on all sides by a parapet, solid railing or building wall greater than three feet six inches in height, are excluded. Notwithstanding the preceding sentence, a calculation of gross floor area solely for determining whether site plan review is required for a residential structure shall include the gross floor area of a basement and attic.
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A residential facility where multiple unrelated individuals who require assistance, supervision, or specialized care to live together under professional oversight.
Any substance in any form which, because of its quantity, concentration, or its chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with one or more substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment when improperly stored, treated, transported, disposed of, used, or otherwise managed. Hazardous material includes, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as toxic or hazardous under MGL c. 21E. This term shall not include hazardous waste or oil.
A substance or combination of substances which, because of quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. This term shall include all substances identified as hazardous pursuant to the Hazardous Waste Regulations, 310 CMR 30.000.
The vertical distance, measured from the average elevation of the lot grade prior to any site preparation or other construction activity, surrounding the entire building, to the ridge or highest point of the roof of the building.
A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
An occupation which is incidental to residence, carried on only by a person residing on the premises and no more than one additional person, and which does not cause noise, undue commotion or traffic, offensive odors, unsightly conditions or other undesirable effects and which is in no way detrimental to a residential neighborhood.
A corporation, trust, or association owned by the unit owners within an open space subdivision and used by them to manage and regulate their affairs, including any commonly owned land or facilities.
A building occupied as a temporary lodging place for individuals in which the rooms are usually occupied singularly for hire and in which rooms no provisions for cooking are made, and where there can be a kitchen and public dining room for the accommodation of the guests and the general public.
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil beneath.
Material or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.
A building erected in which there are guest rooms used for the purpose of offering public lodging on a day-to-day basis, including a bed-and-breakfast home.
An establishment that is maintained, operated, or used for storing, keeping, buying, or selling junk; or for the maintenance or operation of an automobile graveyard, as defined in MGL c. 140B, § 1.
The keeping, boarding or maintaining of more than three dogs. The term "dogs" does not include a litter of puppies under six months of age.
The component of a luminaire which produces light.
A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to the Solid Waste Regulations, 310 CMR 19.00.
A solar photovoltaic system that is structurally mounted on the ground, not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
The application for one or more units to be included in the state's Subsidized Housing Inventory.
An assembly which houses a lamp or lamps and any other parts such as a reflector or lens, mounting bracket, etc.
A staff member of EOHLC under the LIP Program.
For purposes of this section of this by-law, a "local action" requires affordable housing units to be created in any development approved as of right which contains a minimum number of affordable housing units.
For purposes of this section of this by-law, "local action units" ("LAUs") are affordable housing units created because of an intentional action taken by a community, such as the approval of a site plan, which housing units meet the requirements for inclusion on the Subsidized Housing Inventory ("SHI").
A state program that encourages the creation of affordable housing by providing technical assistance to communities and developers who are working together to create affordable rental opportunities. LIP regulations and guidelines address those program components that must be reviewed and approved by the Executive Office of Housing and Livable Communities (EOHLC).
An area of land under one ownership, with definite boundaries, uses or available for use as the site of one or more buildings.
Land development and building practices that minimize environmental impacts by preserving or adding vegetation, including trees, and promoting groundwater retention and recharge through design features.
A stormwater management system that maximizes maintenance of clean groundwater resources through natural filtering, retention and recharge.
A unit of light output.
A complete light system, including a lamp or lamps and a fixture.
A marijuana establishment, as defined in MGL c. 94G, § 1, but not including a medical marijuana treatment center.
Massachusetts Department of Environmental Protection.
The premises approved under a medical use marijuana license.
A building designed and used as an office for the diagnosis and treatment of human patients that does not include overnight care facilities or licensing as a clinic.
Massachusetts General Laws.
A building which contains residential dwellings located above the ground floor of an institutional, civic, office, commercial, or retail use.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required facilities.
A building providing travelers with lodgings typically united under one roof but having individual entrances, and with on-site, off-street parking spaces.
A structure consisting of three or more dwelling units.
A lawfully existing use of land or a structure which does not conform to the regulations for the district in which such land or structure is situated.
Wastewater discharges from industrial and commercial facilities, containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in 310 CMR 15.004(6).
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
A facility operated or maintained in violation of the Resource Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or state regulations and criteria for solid waste disposal.
An outdoor lot for the parking of motor vehicles which is operated as an independent enterprise and which is not associated with and contiguous to a single specific enterprise for which parking space is necessary to the conduct of business.
Includes, but is not limited to, fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, or other liquid hydrocarbons, regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
Areas or aquifers which could provide significant drinking water in the future.
The construction of structures or buildings, the alteration or enlargement of existing structures or buildings, or the alteration of the ground for which an applicant seeks approval of the site plan application.
Land that is permanently preserved in a natural, scenic or open condition or in agricultural, farming or forest use, by conservation restriction or other legal means.
The maximum rated output of direct current (DC) electric power production of the photovoltaic system.
Land areas, such as a Zone II or interim wellhead protection area, where precipitation and surface water infiltrates into the ground to replenish groundwater and aquifers used for public drinking water supplies.
Any establishment at which food and beverages are sold for consumption on the premises to patrons seated within an enclosed building, or elsewhere on the premises.
Restaurants with little or no seating where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises.
The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. This term shall not include any material that is a hazardous waste, as defined by 310 CMR 30.000.
A "setback" is an open, unoccupied space on the same lot as the principal building measured from the lot line to the building. All setbacks are measured from the lot line to the principal building except the front yard setback.
FRONT YARD SETBACKAn open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the front lot and the front line of the building projected to the sideline of the lot.
SIDE SETBACKThe minimum distance from the side lot lines to the nearest point of the principal building or accessory building measured perpendicular to the side lot lines.
REAR SETBACKThe minimum distance from the rear lot line to the nearest point of the principal building measured perpendicular to the rear lot line.
Use of a dwelling unit for residential occupancy for a period of less than 30 consecutive calendar days for a fee.
Any device designed to inform or attract the attention of persons not on the premises on which such device is located, whether such device is a separate structure or object or attached to or painted on another structure or object; or any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag or representation used as, or which is in the nature of, an advertisement, announcement or direction or is designed to attract the eye by intermittent or repeated motion or illumination; not to include structural members or materials of a building which are an integral and necessary part of the building, unless used to spell out the name of the use, firm or product sold.
A structure designed and used for one family or household.
A plan that consists of the maps, drawings, and all other written materials submitted by the applicant in furtherance of obtaining site plan approval.
The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment, including wastewater residuals. This term shall not include grit, screening, or grease and oil which are removed at the head works of a facility.
A space in a building between the surface of any floor and the surface of the next floor above or, if there is no floor above, then the space between such floor and the ceiling or roof above.
HALF STORYA space in a building directly under a dormer or directly under a roof.
A combination of materials assembled at a fixed location; for example, a building, mobile home, tent, shed, swimming pool, deck or storage bin. The term "structure" shall include walls and fences or a combination thereof if over seven feet high measured from the existing grade. The word "structure" shall apply where the context allows as though followed by the words "or part or parts thereof."
A list of qualified affordable housing units maintained by the Executive Office of Housing and Livable Communities (EOHLC) used to measure a community's stock of low- or moderate-income housing for the purposes of MGL c. 40B, the Comprehensive Permit Law.
A main road for public use or a passage through somewhere. It can also refers to a street or road that is open at both ends.
The line of mean high water as established by the National Geodetic Survey.
Any mounting structure, including existing water supply tanks or standpipes and fixed derricks, that is used to support reception and/or transmission equipment.
A multiple-unit dwelling in which each dwelling unit has separate entrances and exits and shares no halls or interior spaces with other dwelling units.
Housing that provides temporary accommodation designed to provide a safe space for individuals and families while they transition to permanent housing. It often caters to populations such as those experiencing homelessness, those recovering from substance abuse, or victims of domestic violence. The length of stay in transitional housing can vary, usually ranging from a few months to a couple of years, depending on the needs and circumstances of the residents. Transient or transitional housing facilities shall comply with 521 CMR, except as specified or modified in 521 CMR 8.00.
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
A structure designed for and used by two families or households.
Land area that is are not under federal, state or local wetland or floodplain jurisdiction.
The purpose for which land or a structure is arranged, designed, or intended, or for which either land or a structure is or may be occupied or maintained.
Regulated activities providing for public services, including roads, water, sewer, electricity, gas, telephone, transportation and their associated maintenance activities. This term shall include the installation of detention and retention basins for the purpose of controlling stormwater.
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A.
The zoning district defined to overlay other zoning districts in the Town of Rockport. The Water Supply Protection Overlay District may include specifically designated recharge areas.
A way or street used or available for use for vehicular traffic and meeting one of the following definitions:
A public way duly laid out by the Town, by Essex County or by the Commonwealth of Massachusetts;
A way or street shown on a definitive subdivision plan approved and endorsed by the Planning Board in accordance with Subdivision Control Law[1] and constructed in accordance with that plan and the rules and regulations of the Planning Board.
A way or street in existence on July 14, 1951, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to adequately provide for the needs of vehicular traffic in relation to the proposed use of the lots abutting thereon or serviced thereby.
A public or private way shall not be deemed a way or a street relative to any lot that does not have rights of access to and passage over said way or to any lot that cannot use that way as an access.
A portion of a building that has a ridgeline separate from any other portion of the building.
All materials, equipment, devices, storage buildings, towers, dishes and antennas used by a commercial telecommunications carrier to provide cellular radiotelephone services and/or data services and/or personal communication services (PCS). This definition does not include facilities used by a federally licensed amateur radio operator.
A calculation of the number of dwelling units allowed in a specific open space residential development, as described in Article XI.