In construing this title the rules set out in this chapter shall be observed, unless their observance would involve a construction inconsistent with the manifest intent of the law-making body or repugnant to the context of the same statute.
(C.O. 83-3 § 17-2(A)(part))
Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(C.O. 83-3 § 17-2(A)(1))
Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may include the feminine and neuter.
(C.O. 83-3 § 17-2(A)(2))
Terms or words not defined in this chapter but defined in the Massachusetts State Building Code shall have meanings given therein, unless a contrary intention clearly appears; otherwise as the meaning is quoted in the latest edition of the Webster's Dictionary of the American Language.
(C.O. 83-3 § 17-2(A)(7); C.O. 86-656 § 1)
"Accessory building or use"
means a building or use customarily incidental to and located on the same lot with a principal building or use, or on an adjoining lot under the same ownership, and which is not detrimental to the neighborhood. An accessory dwelling unit, as defined in Section 17.08.055, shall be excluded from this definition.
(C.O. 83-3 § 17-2(B)(1); C.O. 25-028/CZ-25-02, 4/28/2025)
"Accessory dwelling unit" or "ADU"
means a self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii) is subject to additional restrictions, including, but not limited to, additional size restrictions. An ADU shall comply with all applicable building and fire safety codes and be in compliance with the requirements of Section 17.25.020.
(C.O. 25-028/CZ-25-02, 4/28/2025)
"Adult bookstore"
means an establishment having substantial or significant portion of its stock in trade, rental or sale, books, magazines and other matter which are distinguished or characterized by their emphasis, depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272, M.G.L., and which shall be deemed to include so-called sexual aids, mechanical and nonmechanical stimulators and objects fashioned to resemble or perform certain of the functions of the human sexual organs and genitalia.
(C.O. 95-122 § 1 (part))
"Adult use"
means a use (whether partially or on its entirety) of a building or business for the purpose of engaging in the sale, display, hire, trade, exhibition or viewing of materials or entertainments depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272, of M.G.L.
(C.O. 95-122 § 1 (part))
"Adult use advertisement sign"
means an advertising sign or devise which advertises an adult entertainment use, adult bookstore, adult video store or adult motion picture theater and/or advertises the trade, rental or sale of material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272, of M.G.L.
(C.O. 95-122 § 1 (part))
"Adult video store"
means an establishment having as a substantial or significant portion of its stock in trade, rental or sale, videos and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272, M.G.L.
(C.O. 95-122 § 1 (part))
"Alteration"
as applied to a building or a structure, means a substantial change or rearrangement in its exterior structural parts or an enlargement, whether by extending on a side, increasing in height, or the moving of a particular part from one location or position to another.
(C.O. 83-3 § 17-2(B)(2))
"Apartment house"
means a dwelling for more than two families under one roof, or for one or more families above a first floor used for nonresidential purposes, including structures or buildings owned in condominium ownership under General Laws, Chapter 183A.
(C.O. 83-3 § 17-2(B)(3))
"Basement"
means a story partly underground and having more than one-half of the height, between floor and ceiling or floor and roof, above the average level of the finished outside grade of the lot.
(C.O. 83-3 § 17-2(B)(5))
"Billboard"
means a large, non-accessory outdoor board for displaying advertisements that are either static, animated, digital or electronic, or an accessory digital or electronic board, that advertises or otherwise directs attention to a product, service, activity, event, institution, or other business which occurs or is generally conducted, sold, manufactured, produced or offered elsewhere than on the premises where such sign is located, and which is subject to, but not limited to, regulation by the Office of Outdoor Advertising of the Massachusetts Department of Transportation.
(C.O. 18-075/CZ-18-04, § 2, 5/7/2018)
"Boarder"
means a person or persons (but not more than two) who rent a room or rooms in a legal dwelling unit, but are not provided with private cooking or sanitation facilities.
(C.O. 83-3 § 17-2(B)(6))
"Body art"
means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification as defined in the Board of Health regulations. This definition does not include practices that are considered medical procedures by the board of registration in medicine.
(C.O. 01-76 A § 1, 2001)
"Brew Pub"
means an establishment in which beer is produced and bottled for retail sale consumption on premises.
(C.O. 20-067/CZ-20-02, § 1, 5/18/2020)
"Building"
means any structure having a roof supported by columns, piers or walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
(C.O. 83-3 § 17-2(B)(7))
"Car wash"
means any facility, its structures, paved areas or grounds used to wash, clean and dry the exterior of automobiles, vans, and trucks either automatically (by the use of conveyors to move the vehicle or other automated equipment intended to mechanically wash said vehicle) or by self-service (the use of hand held equipment by the general public).
(C.O. 99-92 § 1)
"Cellar"
means a story, partly or entirely underground, having more than 1/2 of its clear height below the average level of the finished outside grade of the lot.
(C.O. 83-3 § 17-2(B)(12); C.O. 24-022, 4/8/2024)
"Child care center"
means any facility operated on a regular basis by an entity licensed by the Massachusetts Department of Early Education and Care (EEC) under M.G.L. c. 15D, § 1a, which may be known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, 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 those children have special needs, for nonresidential custody and care during part or all of the day separate from their parents.
Child care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of that system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization in which children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation.
(C.O. 24-022, 4/8/2024)
"Large Group and School Age Child Care"
means any program that receives on a regular basis the number of children allowed by EEC who are unrelated to their caregivers and are younger than 14 years old, or 16 years if such children have special needs, during all or part of the day for non-residential care and education outside their own homes. Such programs shall include, but not be limited to, those commonly known as child care centers, day care centers, preschools, nursery schools, child development programs, school age child care programs and before and after school programs, regardless of their location. Such programs shall not include any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related pre-school services; any part of a program operated by an organized educational system for the children enrolled in that particular system, unless the services of such system are primarily limited to a school age child care program; Sunday schools or classes for religious instruction conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.
(C.O. 24-022, 4/8/2024)
"Small Group and School Age Child Care"
means any program that receives on a regular basis the maximum number of children allowed by EEC or fewer who are unrelated to their caregivers and are younger than 14 years old, or 16 years if such children have special needs, during all or part of the day for non-residential care and education outside their own homes, when such services are not provided in a private residence. Such programs shall include, but not be limited to, those commonly known as child care centers, preschools, nursery schools, child development programs, school age child care programs and before and after school programs. Such programs shall not include any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.
(C.O. 24-022, 4/8/2024)
"Class I"
means any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles.
(C.O. 04-14 § 5)
"Class II"
means a business or person engaged in the buying or selling of second-hand motor vehicles, a person who purchases and displays second-hand motor vehicles for resale in retail transactions, and any other person who displays second-hand motor vehicles not owned by him or her pursuant to an agreement in which he or she receives compensation, whether solely for displaying the vehicles, upon the sale of each vehicle, or otherwise.
(C.O. 04-14 § 6)
"Class III"
means a business or person engaged in the buying or storage of second-hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling the same, or the buying or selling of parts of second-hand motor vehicles or tires. This use shall also cover the storage of junked motor vehicles.
(C.O. 04-14 § 7)
"Club" or "lodge"
mean a building used to house a nonprofit social, fraternal or service organization which is not an adjunct to or operated as or in conjunction with a public tavern, cafe or similar place of business.
(C.O. 83-3 § 17-2(B)(13))
"Convenience"
as applied to retail sales or retail services, means a use designed mainly to serve the immediate neighborhood and limited to such uses as barbershop, hairdresser, variety store, superette (grocery, meats, produce), luncheonette, self-service clothes cleaners, bakery and other similar uses.
(C.O. 83-3 § 17-2(B)(16))
"Convention center"
means a public assembly facility within a structure which is devoted exclusively to public assembly for the purpose of meetings and conferences where such a facility can be subdivided into multi conference or meeting areas.
(C.O. 91-23 § 2)
"Density"
means the average number of families, persons or housing units per unit of land; usually density is expressed "per acre."
(C.O. 83-3 § 17-2(B)(18))
"Duplex dwelling"
means two single-family residential buildings attached by a common fire rated party wall having primary first floor access via two independent and separate exterior principle entrances.
(C.O. 88-49 § 2; C.O. 03-75A § 1)
"Dwelling unit"
means one or more rooms providing living facilities for one family, including equipment for both cooking and sanitation or provisions for the same within the building in which the dwelling unit is located.
(C.O. 83-3 § 17-2(B)(20))
"E-commerce retail sales"
means general retail and service establishments selling goods or services over an electronic network, including where costumers may receive the goods or services purchased and allowing customer pre-order and pick-up of goods.
(C.O. 17-284/CZ-17-04, § 19, 9/11/2017)
"Family child care home"
means any private residence which is licensed by EEC and 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 16 years of age if those children have special needs, and receives for temporary custody and care for a limited number of hours children of school age under regulations adopted by the board. The total number of children under 16 in a family child care home shall not exceed the number of children allowed by EEC, including participating children living in the residence. 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.
(C.O. 03-298 § 3; C.O. 24-022, 4/8/2024)
"Large family child care home"
means any private residence which is licensed by EEC and 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 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 under regulations promulgated by the board, but the number of children under the age of 16 in a large family child care home shall not exceed the total number of children allowed by EEC for a large family child care home, including participating children living in the residence. A large family child care home shall employ the minimum number of approved assistants required by EEC when the total number of children participating in child care meets the EEC requirement for employment of assistant(s). Large 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.
(C.O. 24-022, 4/8/2024)
"Family child care system"
means a person who, through contractual arrangement, provides to family child care homes, which have been approved as members of that system, central administrative functions including, but not limited to: training of operators of family child care homes; technical assistance and consultation to operators of family child care homes; inspection, supervision, monitoring and evaluation of family child care homes; referral of children to available family child care homes; and referral of children to available health and social services. Family child care system shall not mean a placement agency or a child care center.
(C.O. 24-022, 4/8/2024)
"Fast-food/take-out/drive-in restaurant"
means an establishment where the primary business is the sale of food or beverages for consumption on or off the premises, and where the food or beverage is prepared in advance of ordering by the purchaser, or prepared "quick order" upon direct instructions to personnel other than a waitress or waiter directly taking orders from a table or counter and packaged and/or containerized other than in dishes.
(C.O. 83-508A § 10)
"Fast-food/take-out facility"
means an accessory establishment where the sale of food or beverages for consumption on or off the premises is an accessory use of the premises, and where the food or beverage is prepared in advance of ordering by the purchaser, or prepared quick order upon direct instructions to personnel other than a waitress or waiter directly taking orders from a table or counter and packaged and/or containerized other than in dishes.
(C.O. 96-17 § 40)
"Flea market"
means either an indoor or outdoor business engaged in the selling of or trading of second hand property, articles, goods, wares or merchandise and shall include the selling of new merchandise from a nonpermanent location.
(C.O. 01-76A § 6)
"Floodplain"
means that area of the city within the boundaries of a one-hundred-year-flood level as defined by the Federal Flood Insurance Agency, and approved by the city.
(C.O. 83-3 § 17-2(B)(27))
For the purposes of this revision, "FAR" means the ratio of the total gross square feet within a building or buildings of a given project to the total lot size, excluding the following accessory uses: recreational areas, storage areas, parking areas, loading areas and facilities devoted to the maintenance of the building and balconies. The FAR shall be expressed numerically such as 1.0 (1:1), i.e., one square foot of building for one square foot of land.
(C.O. 83-3 § 17-2(B)(28); C.O. 90-37G)
"Frontage"
means the length of a lot along the street line of a public, private or planning-board-approved street, excluding the ends on incomplete streets. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall not be considered frontage, only the side of the legal address. Yards shall be provided as indicated under Chapter 17.24.
(C.O. 83-3 § 17-2(B)(29))
"Gaming facility"
means an establishment for the conduct of legalized gambling or gaming, including without limitation all gambling authorized pursuant to Mass. Gen. L. ch. 128A, Mass. Gen. L. ch. 128C, Mass. Gen. L. ch. 23K and 205 CMR 12.00 et seq. Hotels, restaurants, nightclubs, bars, fitness centers, spas, central utility plants, photovoltaic systems, greenhouses, bus or railroad stations or connections thereto, surface and structured parking, cultural uses and entertainment, including live entertainment, when associated with legalized gambling shall be considered uses accessory and ancillary to legalized gambling at a gaming facility along with all other accessory and ancillary uses. Each seat at a slot machine or table game within a gaming facility shall be referred to herein as a "gaming position."
(C.O. 96-17 § 44; C.O. 13-279/CZ-13-06, § 2, 12/9/2013)
"Garage, commercial"
means any building wherein is kept or stored one or more motor vehicles including among other things a public or private garage, carport, motor vehicle repair shop or service station; it shall not include auto body or paint shop.
(C.O. 91-23 § 5; C.O. 12-138/CZ-12-01, § 1, 5/21/2012)
"Half-story"
means a space under a sloping roof, the cubic contents of which are not over half of the cubic contents of the floor below. A space greater than this is a "story."
(C.O. 83-3 § 17-2(B)(33))
"Health club"
means a commercial business establishment that provides facilities for individual physical health activities, including, but not limited to the use of exercise equipment, including free weights, exercise machines, treadmills, stationary bicycles, and other aerobic equipment, personal trainers, yoga classes, aerobic exercise classes, running and jogging, saunas, steam rooms, showers and lockers. Such establishments are considered commercial establishments operating as a business whether open to members and their guests on a membership basis only or open to the public at large paying a daily admission fee.
(C.O. 10-37, § 1, 3/22/2010)
"Heliport"
means an area designated for the operation and landing of helicopter(s), rotary-wing aircraft(s), or gyroplane(s) which is permissible as a principal use and accessory use in the zoning district only by special permit.
(C.O. 11-426, § 1, 12/5/2011)
"Home occupation"
means a business or occupation customarily conducted entirely within a dwelling unit, carried on by the inhabitants thereof, which is clearly incidental to the use of the dwelling as a place of residence.
(C.O. 83-3 § 17-2(B)(31))
"Hospital" or "general hospital"
means an institution that: (1) provides intensive supervision and/or medically supervised treatment to patients who are generally not ambulatory; (2) offers facilities and beds for use beyond twenty-four hours by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; (3) offers facilities for emergency medical treatment of trauma and urgent medical conditions; and/or (4) regularly makes available at least clinical laboratory services, diagnostic x-ray services, and treatment facilities for surgery or obstetrical care or other definitive medical treatment of similar extent. This use may include offices for medical and dental personnel, central service facilities such as pharmacies and medical supply facilities or medical laboratories. This definition does not include a substance abuse treatment center.
Substance abuse treatment centers shall be located no closer than three hundred feet from residential uses, schools, buildings/structures used for religious purposes and public parks.
(C.O. 03-75A § 5)
"Hotel"
means a building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building and with or without public dining facilities.
(C.O. 83-3 § 17-2(B)(32))
"Kennel"
means "a pack or collection of dogs on a single premise, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel as defined by Massachusetts General Law c. 140, §§ 136A to 137A as amended by Chapter 193 of the Legislative Acts of 2012 An Act Further Regulating Animal Control.
(C.O. 83-3 § 17-2(B)(33); C.O. 16-028/CZ 16-01, § 1, 3/14/2016)
"Livable open space"
means the total square footage of a dwelling unit that is used for residential purposes excluding basements, cellars, garages and similar spaces that are utilized for storage, housing of vehicles or the accommodation of utilities incidental to the dwelling unit.
(C.O. 83-508A § 8)
"Life science manufacturing"
means manufacturing in the fields of biotechnology, medical, pharmaceutical, physical, biological and behavioral sciences and technology, environmental science, toxicology, genetic engineering, comparative medicine, bioengineering, cell biology, human and animal nutrition including production of equipment, apparatus, machines and devices for research development, and application in any such field or area, and including, office, administrative support facilities related to any of the foregoing activities. All life science manufacturing development proposals shall comply with applicable federal, state and local laws, regulations and ordinances governing air pollution, water pollution control, noise and illumination.
(C.O. 17-284/CZ-17-04, § 17, 9/11/2017)
"Lot"
means one or more areas or parcels of land, in common ownership, duly recorded at the Registry of Deeds; if prior to subdivision control without endorsement, if after subdivision control with endorsement of the city planning board either as a subdivision or as subdivision approval not required.
(C.O. 93-30 § 8)
"Corner lot"
means a lot located at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.
(C.O. 83-3 § 17-2(B)(35)(a))
"Lot depth"
means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
(C.O. 83-3 § 17-2(B)(37))
"Rear lot line"
means a line most distant and opposite from the front lot line; where the lot is irregular, a line perpendicular to the mean direction of side lot lines, and at least ten feet in length within the lot.
(C.O. 83-3 § 17-2(B)(39))
"Lot width"
means the horizontal distance between the side lot lines measured perpendicular to the mean direction of the side lot lines.
(C.O. 83-3 § 17-2(B)(40))
"Low impact development" or "LID"
means site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treats stormwater as a resource rather than a waste product.
(C.O. 25-223, 10/6/2025)
[1]
Editor's Note: Former § 17.08.502, Mechanical parking system, adopted by C.O. 20-065/CD-20-01, was repealed by C.O. 24-269, 3/10/2025.
[1]
Editor's note: Former § 17.08.503, definition of "recreational marijuana facility," which derived from C.O. 17-070, was repealed 12/18/2017 by C.O. 17-365/CZ-17-06.
"Medical marijuana treatment center"
means a not-for profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana products containing marijuana, related supplies, or educational material to qualifying patients or their personal caregivers.
(C.O. 13-131A/CZ-13-04, 10/28/2013)
"Medical or dental office"
means a facility in which substantially all of the services provided constitute the practice of medicine, surgery, dentistry, optometry, podiatry, chiropractic, acupuncture, acupressure, psychology, psychiatry, counseling, or similar health services, and such service are rendered on a one-to-one patient to state licensed health professional ratio on an out-patient or less than twenty-four hour a day basis, except that this definition specifically does not include a substance abuse treatment center.
(C.O. 03-75A § 8)
"Mobile home"
means a dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities, and designed to be installed on a temporary basis or a permanent foundation for permanent living quarters.
(C.O. 83-3 § 17-2(B)(42))
"Motel"
means a building intended primarily for transient or overnight occupancy divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space (includes motor hotels and motor inns).
(C.O. 83-3 § 17-2(B) (43))
"Nonconforming structure"
means a structure, lawfully existing or lawfully begun at the date of the first publication of notice of the public hearing on the ordinance from which this title derives, which does not conform with the regulations of this title.
(C.O. 83-3 § 17-2(B)(44); C.O. 96-17 § 41)
"Nonconforming lot"
means a lot, lawfully existing or lawfully begun at the date of the first publication of notice of the public hearing on the ordinance from which this title derived, which does not conform with the minimum dimensional controls of this title.
(C.O. 83-3 § 17-2(B)(45))
"Nonconforming use"
means a use of a building or of land, lawfully existing or lawfully begun at the date of the first publication of notice of the public hearing on the ordinance from which this title derives, that does not conform with the regulations of this title.
(C.O. 83-3 § 17-2(B)(46))
"Nursing home"
means any place or institution for the aged, infirm, chronic or convalescent, whether conducted for charity or for profit, which is established to render care, custody, treatment and/or lodging of three or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to a bed or chair.
(C.O. 83-3 § 17-2(B)(47))
"Commercial parking lot/structure"
means a lot or structure for the purpose of storing or parking automobiles, buses or trucks which is available to the public generally on a daily basis for a fee and which is not incident to or related to a principal use on the same lot or adjoining lot or lots. Commercial parking lot/structure, for the purpose of >this section, includes public commuter parking and public remote parking facilities.
(C.O. 91-23 § 4 (part))
"Person"
includes a firm, association, organization, partnership, company or corporation as well as an individual.
(C.O. 83-3 § 17-2(A)(3))
"Porch"
means an exterior covered or uncovered area as an appendage to a house at least large enough in area to place a chair without interfering with pedestrian movement.
(C.O. 83-3 § 17-2(B)(49))
"Private and nonprofit schools"
means an establishment licensed by the commonwealth for educational purposes, where teachers/administrators and instructors hold all licenses and certificates required by the commonwealth. The establishment shall be fully accredited within one year and/or licensed by all appropriate federal, state and/or local authorities, including all private professional certifications.
(C.O. 85-4A § 16(C))
The term "professional office park," unless a contrary meaning is required by the context, or is specifically prescribed, shall have the following meaning: Land, structures, or facilities, constructed, operated and used, in part or in any parts thereof, for occupancy by more than one establishment for general business offices, professional offices, medical and dental offices, or any combination thereof with shared common areas.
(C.O. 88-20 § 1)
"Professional offices"
means the office of one engaged in one of the following professions: attorney-at-law, engineer, architect, landscape architect, interior designer, accountant, electrologist, real estate agent and hairdresser.
(C.O. 83-3 § 17-2(B)(54); C.O. 84-192A § 1; C.O. 84-192B § 1)
"Racetrack"
means a facility that includes a track, grounds, kennels, stables, auditorium, bleachers, where a horse-racing or dog-racing meeting may be held.
(C.O. 83-3 § 17-2(B)(55))
"Recreation, gainful business"
means commercial recreational activities such as amusement centers, game arcades or similar activities. For the purposes of this title, this definition does not pertain to such activities as health clubs, physical fitness, racetracks, arenas and similar athletic facilities.
(C.O. 83-3 § 17-2(B)(56))
"Recycling center/operations/drop off"
means a facility in which recyclable materials are dropped off for redemption, storage, recycling or transfer and shall include recycling operations, transfer stations and redemption centers for the purpose of recycling and/or reprocessing glass, cans, bottles, aluminum, metal, plastic, paper, cardboard, wood, leaves, gravel, soil, concrete and bituminous. Does not include recycling vending machines incidental to a retail use.
(C.O. 01-76 § 37, 2001)
"Research and development facilities"
means facilities including research and testing laboratories and including manufacturing associated with research and development facilities. Laboratories engaged in research, experimental and testing activities, may include, but are not limited to, the development of mock-ups and prototypes; biomedical facilities defined by the National Institute of Health as biolevel-1 (BL-1) or biolevel-2 (BL-2) facilities subject to applicable state and federal laws and regulations. Animal testing shall be prohibited in research and development facilities in the following zoning districts in which the use is allowed by special permit: PDD1, PDD2, HB, TED, and IP. Biomedical facilities defined by the National Institute of Health as biolevel-3 (BL-3) or biolevel-4 (BL-4) facilities shall not be permitted in the city of Revere.
(C.O. 22-158, § 1, 8/22/2022; C.O. 17-284/CZ-17-04, § 5, 9/11/2017)
"Restaurant"
means an establishment where the primary business is the service, by a waiter or waitress, of food and beverages to be consumed exclusively at tables or a bar or counter on the premises.
(C.O. 23-219, § 1, 11/13/2023)
"Restaurant, outdoor dining"
means a covered or uncovered but not fully enclosed portion of a restaurant which is located in a public space that is outside of a wholly enclosed building or structure, including but not limited to a sidewalk, street, or municipal parking lot, and is used for the service and consumption of food and drinks by the patrons of the restaurant.
(C.O. 83-508A § 11; C.O. 23-219, § 2, 11/13/2023)
"Retail, general"
means the sale of goods for personal or business use, and also the provisions of personal, business or household services; provided, however, that retail businesses specifically defined by this chapter shall be governed by such specific definitions. A fast-food/take-out facility may serve as an accessory use to a general retail business where authorized by a special permit from the city council and where authorized by the terms of Section 17.16.190(I).
(C.O. 96-17 § 42; C.O. 03-75A § 10)
"Retail, neighborhood"
means the sale of goods for personal or business use, and also the provisions of personal, business or household services in an enclosed space of ten thousand square feet or less; provided, however, that retail businesses specifically defined by this chapter shall be governed by such specific definitions. A fast-food/take-out facility may serve as an accessory use to a neighborhood retail business where authorized by a special permit from the city council.
(C.O. 96-17 § 43)
"Rooming house"
means a building in which three or more unrelated persons, individually or as families are let or sublet lodging in private rooms or quarters, with or without meals, and shall include lodging houses, boarding houses, and dormitories. Lodging or boarding houses shall not include hotels, convalescent homes, nursing homes, or group residences licensed or regulated by agencies of the Commonwealth. Rooming houses shall abide by all applicable state and local laws and regulations governing lodging houses, boarding houses, or rooming houses.
(C.O. 83-3 § 17-2(B)(57); C.O. 23-164, § 2, 10/16/2023)
"Sign"
means any device, structure or object displayed for public view and intended for visual communication.
(C.O. 83-3 § 17-2(B)(61))
"Accessory sign"
means any sign that advertises, calls attention to or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or for rent, and which contains no other matter.
(C.O. 83-3 § 17-2(B)(62))
"Sign area"
means that area, including all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but not including any supporting structure or bracing. Also, with regard to a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, the sign area shall be considered to be that of the smallest geometric figure which encompasses all of the letters and symbols.
(C.O. 83-3 § 17-2(B)(63))
"Digital sign"
means any digital or electronic sign or display using technologies that include, but are not limited to LCD, LED, or other projection display content including digital images, video, streaming media, and information such as scrolling text and images; flashing, changing or animated lights, or visible moving or movable parts, or that displays its message or copy by electronic, digital, or mechanical processes, by remote control or other programming device. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when in use.
(C.O. 18-075/CZ-18-04, § 3, 5/7/2018)
"Site plan"
means a plan view of the proposed development of a lot or lots of land showing buildings, walkways, driveways, parking areas, topography, landscape treatment and other features required to indicate the arrangement and operation of the proposed development.
(C.O. 83-3 § 17-2(B)(69))
"Story"
means that part of a building or structure between any floor and the floor or roof above, not less than the minimum vertical height required by the state Building Code (excluding steeples, penthouses and other projections used or intended to be used exclusively for utility services or access to the roof).
(C.O. 85-656 § 21)
"Street"
means a public way which has been accepted for public use, an existing private way in use which has been accepted for public use, a way approved under the planning board subdivision regulations.
(C.O. 83-3 § 17-2(B)(70))
"Structure"
means a combination of materials assembled at a fixed location requiring a permit to erect, place or construct, and includes, but is not limited to, buildings, stadiums, platforms, radio towers, sheds, storage bins, signs, swimming pools and fences.
(C.O. 83-3 § 17-2(B)(72))
"Substance abuse treatment center"
means an establishment where individuals who are not lodged overnight are admitted for examination, treatment, consultation and the administration of therapeutic narcotics, including but not limited to methadone, in the course of treatment for controlled substance abuse or addiction, where such examination, treatment, consultation and administration are performed or conducted by a person or group of persons practicing any form of healing, counseling, drug therapy, or other such health-related service in the general treatment of controlled substance abuse or addiction. This classification does not include a hospital or general hospital.
(C.O. 03-75A § 6)
"Swimming pool"
means a private or public facility, located above or below surrounding grade, exceeding one hundred feet of surface area, confining a filled or flooded body of water deeper than eighteen inches, as measured from the lowest point in the pool as vertical distance to the grade level or top of the pool.
(C.O. 83-3 § 17-2(B)(73))
"Tenant"
means a person who rents a room or rooms in a legal dwelling unit, and is provided with separate cooking and sanitation facilities.
(C.O. 83-3 § 17-2(B)(75))
"Trailer"
means a vehicle without motive power, designed to be drawn by a motor vehicle and used for hauling or temporary living or office purposes and standing on wheels or rigid supports.
(C.O. 83-3 § 17-2(B)(76))
"Training school for profit"
means a private business that provides instruction in the use, design or maintenance of any automotive, mechanical or electrical device or provides instruction in the use, design or maintenance of any material that is classified by federal, state or local authorities as a hazardous substance or device, including firearms of all types.
(C.O. 85-4B)
"Usable open space"
means the part or parts of a lot or structure which are reserved for the use of the occupants of a building which is used wholly, or in part, for residential purposes. This space shall exclude parking areas, driveways and walkways, and shall be open and unobstructed to the sky. Trees, plantings, arbors, fences, flagpoles, sculpture, fountains, swimming pools and recreational and laundry-drying apparatus and similar objects shall not be considered obstructions.
(C.O. 83-3 § 17-2(B)(77))
"Variance"
means an authorization by the board of appeals to use property or locate a structure contrary to the terms of this title. A variance related to a particular parcel of land is specifically limited and is granted only when strict statutory requisites are satisfied.
(C.O. 83-3 § 17-2(B)(78))
"Warehouse"
means a structure in the PDD1, PDD2, GB, CB, LI and IP districts by special permit and in the HB and TED districts by right for the storage of goods and materials, including the so-called "mini-storage" warehouse in which space is leased or rented to the public.
(C.O. 88-530 § 1)
"Wholesale and product distribution activities"
means the use of structures by special permit in the PDD1, PDD2, HB and TED districts and as of right in the IP District for the storage of goods and materials for eventual distribution to retail outlets or further shipment. This use type shall also include commercial bakery/food processing and preparation including distribution and commercial catering activities. All materials judged by the building inspector to be hazardous materials shall not be stored and/or distributed until all state and local permits for their storage and distribution have been issued and reviewed by all appropriate authorities.
(C.O. 85-4A § 16(G); C.O. 17-284/CZ-17-04, § 12, 9/11/2017)
"Yard"
means an above-ground open space on the same lot with a building or building group lying between the front, rear, side wall of a building and the nearest lot line, unoccupied except for projections and the specific minor uses or structures allowed in such open space under the provisions of this title.
(C.O. 83-3 § 17-2(B)(79); C.O. 85-656 § 9; C.O. 87-661 § 14 (part))
"Front yard"
means an open, unoccupied space extending the full width of the lot and situated between the street line and the nearest part of the building, excluding steps and porches that are not supported by the foundation of the building.
(C.O. 83-3 § 17-2(B)(80); C.O. 87-661 § 14 (part))
"Rear yard"
means a yard extending across the full width of the lot and lying between the rear of the lot and the nearest part of the building excluding steps and/or landing, but not porches.
(C.O. 83-3 § 17-2(B)(81); C.O. 87-661 § 14 (part))
"Side yard"
means a yard between the side line of the lot and the nearest part of a building and extending from the front yard to the rear yard or, in the absence of either, to the street or rear lot lines, as the case may be.
(C.O. 83-3 § 17-2(B)(82); C.O. 87-661 § 14 (part))