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)
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.
(C.O. 83-3 § 17-2(B)(1))
means a sign advertising a product, service or business,
whether or not sold or conducted on the premises upon which the sign
is located, including billboards.
(C.O. 83-3 § 17-2(B)(4))
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))
means any establishment which displays entertainment which
is distinguished or characterized by its 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))
means a building used for presenting 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))
means at least that portion of: (i) retail sales accounting
for at least thirty percent of gross sales; or (ii) merchandise accounting
for at least thirty percent of total merchandise available for sale.
(C.O. 95-122 § 1 (part); C.O. 06-248A §§ 16, 17)
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))
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))
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))
means manufacturing utilizing the rapid transfer of science
and technology into manufacturing products and processes such as,
but not limited to, nano technologies; robotics; and laser technology.
(C.O. 17-284/CZ-17-04, § 3, 9/11/2017)
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))
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))
means a business in which automobiles, trucks or buses are
stored and leased on the premises.
(C.O. 01-76 § 36, 2001)
is an establishment that provides retail banking services,
mortgage lending, or similar financial services to individuals and
businesses. This use type also includes record storage and data processing
and shall also include free standing automated teller machines (ATM).
(C.O. 17-284/CZ-17-04, § 10, 9/11/2017)
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))
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)
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))
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)
means a location, place, or business that has been granted
a permit by the Board of Health, whether public or private, where
the practices of body art are performed, whether or not for profit.
(C.O. 01-76 A § 2, 2001)
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)
means a plant in which beer, wine or other alcoholic beverages
are produced and bottled for wholesale distribution including retail
sale for consumption on-premises or off-premises.
(C.O. 20-067/CZ-20-02, § 4, 5/18/2020; C.O. 17-284/CZ-17-04, § 15, 9/11/2017)
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))
means the vertical dimension measured from the average elevation
of the finished lot grade to the highest point of the roof.
(C.O. 83-3 § 17-2(B)(9))
means a line established by the city in accordance with General
Laws, Chapter 82, Section 37.
(C.O. 83-3 § 17-2(B)(10))
means the structure in which is conducted the principal use
of the lot.
(C.O. 83-3 § 17-2(B)(11))
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)
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)
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)
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)
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)
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)
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)
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)
[1]
Editor's note: Former §§ 17.08.156—17.08.158,
definitions of Class I, Class II and Class III gaming facilities,
which derived from C.O. 06-220, were repealed 12/8/2013 by C.O. 13-279/CZ-13-06.
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))
means bulk and limited access storage or parking of automobiles,
buses or trucks which are not accessory to a principal use and shall
include parking restricted by contract or lease to employees of the
contracting party or lessee.
(C.O. 91-23 § 4 (part))
means an apartment, row house or other structure held in
condominium ownership under Chapter 183A, General Laws.
(C.O. 83-3 § 17-2(B)(15))
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))
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)
means an open space other than a yard on the same lot with
a building.
(C.O. 83-3 § 17-2(B)(17))
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))
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)
means a detached building used for, or occupied exclusively
by, one dwelling unit.
(C.O. 83-3 § 17-2(B)(21))
means a building used for, or occupied by, three dwelling
units.
(C.O. 83-3 § 17-2(B)(23))
means a single-family attached unit with party walls containing
at least three attached units.
(C.O. 88-49 § 1; C.O.
06-263 § 7)
means a building used for, or occupied by, two dwelling units.
(C.O. 83-3 § 17-2(B)(22))
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))
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)
means a nonsubsidized residential environment for the elderly
which includes services such as meals, housekeeping, health and transportation
within a shared living environment.
(C.O. 91-23 § 4 (part))
means a residential environment for the elderly which includes
services such as meals, housekeeping, health and transportation within
a congregate living environment and which may include subsidized elderly
housing.
(C.O. 91-23 § 4 (part))
means a household of blood or marriage relations and not
more than two unrelated persons.
(C.O. 83-3 § 17-2(B)(25))
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)
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)
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)
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)
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)
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)
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)
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))
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)
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)
means a group of private garages, not more than ten cars,
arranged in a row or surrounding a common means of access.
(C.O. 83-3 § 17-2(B)(14))
means a garage for not more than three automobiles for storage
only, in which space may be rented to persons not occupants of the
premises.
(C.O. 83-3 § 17-2(B)(51))
means any building wherein is kept or stored one or more
vehicles for the purpose of conducting the business of any auto body
or paint shop.
(C.O. 83-3 § 17-2(B)(30)(a))
shall include fabrication and processing, assembly, repair
and packing of products and shall also include printing and publishing
activities.
(C.O. 17-284/CZ-17-04, § 14, 9/11/2017)
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))
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)
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)
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))
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)
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))
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)
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)
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)
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)
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))
means that percentage of the lot area which is devoted to
building area.
(C.O. 83-3 § 17-2(B)(36))
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))
means a lot bounded by a street on only one side and any
other lot other than a corner lot.
(C.O. 83-3 § 17-2(B)(35)(b))
means the boundary of a lot.
(C.O. 83-3 § 17-2(B)(41))
means a line separating the lot from the street or from a
building line if such has been established.
(C.O. 83-3 § 17-2(B) (38))
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))
means a lot abutting on two parallel or approximately parallel
streets.
(C.O. 83-3 § 17-2(B)(35)(c))
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))
is permissive.
(C.O. 83-3 § 17-2(A)(5))
means an automated parking system powered by electric motors
within a horizontal and vertical conveyor platform system that slides
or lifts each vehicle to its storage location and allows all vehicles
to be retrieved independently and which provides system users access
to their vehicles without requiring them or others to physically move
any other vehicle out of the way of their vehicle such as tandem parking.
(C.O. 20-065/CD-20-01, § 1, 5/4/2020)
[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.
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)
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)
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))
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))
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)
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))
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))
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))
means that area adjacent to a parking space or spaces through
which a motor vehicle must move to enter or exit.
(C.O. 83-3 § 17-2(B)(48))
means a parking area for the occupants or employees of a
commercial, industrial or multi-family use.
(C.O. 88-49 § 17(c))
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))
includes a firm, association, organization, partnership,
company or corporation as well as an individual.
(C.O. 83-3 § 17-2(A)(3))
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))
means a lot together with all structures, buildings and uses
thereon.
(C.O. 83-3 § 17-2(B)(50))
means the main uses or structures on a lot and shall exclude
detached or attached parking structures.
(C.O. 91-23 § 4 (part))
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)
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)
means public parks and playgrounds, public streets and sidewalks,
and other public land which is open to the sky.
(C.O. 83-3 § 17-2(B)(52))
means a utility controlled by the Massachusetts Department
of Public Utilities.
(C.O. 83-3 § 17-2(B)(53))
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))
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))
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)
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)
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)
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)
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)
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)
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)
means that type of business wherein a licensed motor vehicle
operator dispenses his or her own motor fuel.
(C.O. 83-3 § 17-2(B)(59)(a))
means two one-family houses built together at the same time
and separated by a fireproof division with no openings.
(C.O. 83-3 § 17-2(B)(58))
means any building or premises wherein, or upon which, gasoline
or other motor fuel is sold or retained.
(C.O. 83-3 § 17-2(B)(59)(part))
means the distance measured perpendicular to the building
between the street line and the building line.
(C.O. 01-76 § 29, 2001)
means the distance measured perpendicular to the building
between the side lot line and the building line.
(C.O. 01-76 § 30, 2001)
means the distance measured perpendicular to the building
between the rear lot line and the building line.
(C.O. 01-76 § 31, 2001)
is mandatory and directory.
(C.O. 83-3 § 17-2(A)(4))
means any device, structure or object displayed for public
view and intended for visual communication.
(C.O. 83-3 § 17-2(B)(61))
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))
(C.O. 91-253 § 3)
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))
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)
means any sign not an accessory sign, excluding billboards.
(C.O. 83-3 § 17-2(B)(64)(part))
means any sign intended to be maintained for a continuous
period of not more than ninety days.
(C.O. 83-3 § 17-2(B)(65))
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))
means a permit issued by the city council providing for a
use other than a use by or as of right.
(C.O. 83-3 § 17-2(B)(66))
means a building or lot housing one or more horses.
(C.O. 83-3 § 17-2(B)(67))
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)
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))
means the outside limit of a street or way dividing it from
the abutting lots.
(C.O. 83-3 § 17-2(B)(71))
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))
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)
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))
means the logistics and use of robotics in storage and distribution
of goods manufactured on site or warehoused on site by various modes
of transportation including, without limitation, automation, freight
carrying vehicles and other means and technologies to the extent permitted
by applicable laws, regulations or ordinances.
(C.O. 17-284/CZ-17-04, § 7, 9/11/2017)
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))
means the operation and storage of tow trucks and towed vehicles
either outdoors or within a building in which the principal use is
the towing of vehicles including the storage.
(C.O. 01-76 § 38, 2001)
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))
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)
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))
includes designed, intended, proposed, existing or arranged
to be used.
(C.O. 83-3 § 17-2(A)(6))
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))
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)
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)
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))
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))
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))
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))
