Certain words in this Bylaw are defined for the purposes thereof as follows by Use:
ADULT USEAny use which, has 20% or more of its sales area devoted to the sale of printed, recorded, or electronic media, or any of its floor area including preparation area, stage and seating areas devoted to the presentation of media or live performance which has emphasis on matter depicting, describing, or relating, to sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31. Adult uses shall also include any use which has 20% or more of its floor or sales area devoted to the sale or use of devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31.
ANIMAL FEEDLOTIs a plot of land on which 25 livestock or more per acre are kept for the purposes of feeding.
AQUIFERIs a geologic formation composed of rock or sand and gravel that contains significant amounts of potentially producible potable water.
AREA OF A BUILDINGIs the exterior horizontal projected area of a building including enclosed porches, cornices, steps, terraces and open porches.
AREA OF INFLUENCEIs the area, which experiences drawdown by a pumping well as plotted on a two-dimensional (map) surface, usually ellipsoidal in shape.
ASSISTED ELDERLY HOUSINGA residential facility occupied primarily by persons 55 years of age and older including their spouses or surviving spouses, and including rooms occupied by resident staff personnel.
BAKERY/CAFEA retail bakery that includes a dining area for customers to sit and enjoy their food.
BANKING BRANCHA physical location where banking transactions are performed.
BAR/LOUNGEA pub with relaxed sitting arrangements.
BASE FLOOD LEVELMeans the floodwaters having a one-percent chance of being equaled or exceeded in any given year.
BOAT CONSTRUCTIONConstruction of new marine vessels and/or major repairs and alterations of existing or damaged watercraft.
BOAT REPAIRCorrection of minor dents, scratches, and penetrations as well as sanding, sealing, painting, and polishing of hull materials and interior finished parts. Cutting, gluing, and major fiberglass reconstruction are not included.
BOAT STORAGEThe keeping or storing of boats, vessels, and personal watercraft for commercial purposes, within an enclosed facility or a storage yard that has been fenced in a secured from unauthorized entry.
BY-RIGHT LODGING HOUSEA dwelling where a resident owner provides nightly accommodations to at least three but no more than six lodgers.
CAR WASH/DETAILINGA building containing equipment for washing cars or other vehicles automatically or manually by employees.
COMMERCIAL LAUNDRYA full service laundry service where articles are dropped off for cleaning and picked up at a later time or date.
COMMERCIAL-SIZE WECFA wind energy conversion facility (WECF) having a rated electrical power output greater than 10 kilowatts, other than a Municipal WECF as defined below.
COMPACT CARIs an automobile with a width no greater than 68 inches and a length no greater than 186 inches.
CONE-OF-DEPRESSIONIs a three-dimensional conical concavity produced in a water table by a pumping well.
CONFERENCE CENTERA venue designed to hold meetings and business conferences ranging from one to multiple rooms.
CONTRACTOR DISPATCH YARDSProperties where companies are run and where large, heavy duty construction equipment is stored and maintained, and where heavy equipment is loaded onto construction trailers and delivered to a construction site for an undetermined period of time.
CONTRACTOR STORAGE BAYSGarage and storage bays used primarily for storage of light duty construction materials and equipment to be picked up and dropped off during normal business hours and not to be used as an operational shop or facility for day to day operations.
CONTRACTOR WORKSHOPA building or portion of a building where parts are assembled for installation at another location. Items include cabinets, counters, furniture, Millwork, etc.
CORPORATE HEADQUARTERSA place where a company's executive management and key managerial and support staff are located.
CURBSIDE PICKUP SERVICEWhen retailers allow customers to make orders for pick up at a business or establishment while remaining in their vehicles.
DEPTH OF A LOTIs the mean distance from a street line of the lot to its opposite rear line, measured in the mean general direction of the side lines of the lot. The "width" of a lot is its mean width measured at right angles to its depth.
DEVELOPMENTMeans any manmade change to, or alteration of the existing vegetation or underlying soil of, improved or unimproved real property, including, but not limited to: the construction, expansion, reconstruction or razing of buildings or other structures, mining, dredging, filling, clearing, compacting, grading, paving, excavation, drilling or stockpiling or storage of materials or equipment, and installation of permanent or temporary water-crossings.
DRIVE THRUA business or establishment where consumers are served food, financial services, or pharmaceutical products while sitting in their vehicles.
EXEMPT INSTITUTIONIs any religious or non-profit educational use regulated by MGL Chapter 40A, Section 3.
FLOOD INSURANCE RATE MAPIs an official map prepared by the Federal Flood Insurance Administration delineating both special flood hazard areas and risk premium zones.
FRONTAGEFor the purposes of these Zoning By-Laws, is defined as the continuous boundary between a lot and an abutting street, such boundary being located between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines extended. In the case of a lot abutting on more than one street, such lot shall be required to have the applicable minimum frontage on only one such street.
FUNERAL HOMEAn establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals.
GAME COURTIs any specially prepared play area whose surface, topography, size, shape and configuration is associated with recreational games, such as basketball, volleyball, badminton, tennis, horseshoes and archery. Such term shall not include golf courses or walking and jogging trails.
GARDENA small piece of ground used to grow vegetables, fruit, herbs, or flowers.
GAS STATIONAny premises where gasoline or other petroleum products are dispensed into the fuel tank of motorized vehicles or boats.
GENERAL EDUCATION (FOR PROFIT)Uses which provide a curriculum of academic instruction and include full-time teaching staff in facilities such as, but not limited to preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, colleges and universities or museums and libraries.
GROUNDWATERIs all the water found beneath the surface of the ground. In this by-law the term refers to the slowly moving subsurface water present in aquifers and recharge areas.
GROUP HOMEA facility for social rehabilitation, substance abuse or mental health problems that contains a group housing arrangement that provides custodial care but does not provide medical care.
HABITABLE FLOORMeans any floor usable for living purposes, which includes working, sleeping, eating, cooking, recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."
HEIGHT OF BUILDINGSIs the vertical distance from the average grade of the ground adjoining the foundation, excluding appurtenances, which pertain to the building, such as, air conditioners, solar paraphernalia, and the like.
HOSPITALAn institution providing medical and surgical treatment and nursing care for sick or injured people.
HOTELAn establishment providing accommodations, meals, and other services for travelers and tourists.
IMPERVIOUS SURFACEIs material on the ground that does not allow surface water to penetrate into the soil.
INCIDENTAL OFFICE/SALESA use that is accessory too, and subordinate to a primary business use. Incidental Uses shall to exceed 10% of the gross floor area of the story of the building in which it occupies.
INCIDENTAL WAREHOUSINGWarehousing incidental to the primary manufacturing use which may not exceed 50% of the facilities gross floor area.
INDOOR RECREATION/HEALTH CLUBA recreation facility designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities, which is operated within a building as a business and open to the general public for a fee.
LEACHABLE WASTESWith reference to Article
28, are waste materials including solid wastes, sludge and agricultural wastes that are capable of releasing water borne contaminants to the surrounding environment.
The manufacture of goods such as, but not limited to, furniture, pottery, cabinets or other specialty items which are then sold from the premises. Mail order sales and shipments are also allowed in addition to on-site sales.
LODGING HOUSEA dwelling where a resident owner rents to three or more persons by providing nightly accommodations and meals for lodgers.
LOTIs any lot or plot occupied by one building and its accessory buildings and uses and including such open spaces as are required by these By-Laws. Lot includes "plot" or "tract".
MANUFACTURINGThe making of goods or wares by manual labor or by machinery.
MARINAA specially designed harbor with moorings for pleasure craft and small boats.
MARINE PROCESSINGProcessing and packaging of marine related products such as fish, shellfish, seaweed, and other aquatic species.
MEAN SEA LEVELMeans the average height of the sea for all stages of the tide.
MEDICAL LABORATORYA laboratory where tests are done on clinical specimens in order to get information about the health of a patient as pertaining to the diagnosis, treatment, and prevention of disease.
MEDICAL MANUFACTURINGManufacturing of medical devices such as implants, instruments and equipment intended for therapeutics, monitoring and diagnostics. These include reconstructive devices such as hip and knee replacements as well as implantable monitors for cardiac and diabetic care.
MINING OF LANDWith reference to Article
28, is the removal of geologic materials such as topsoil, mud and gravel, metallic ores, or bedrock to be crushed or used as building stone.
Structure in which multifamily use is permitted as of right with allowed commercial uses.
MOBILE HOMEIs a vehicle or vehicular attachment, commonly known as a trailer which is designed for sleeping or living quarters for one or more persons, with or without utilities, flush toilets, or bath facilities and is utilized as a residence.
MOBILE HOME PARKIs any lot, tract or parcel of land used or intended to be occupied by two or more mobile homes for a period of over three weeks in any calendar year.
MOTELAn establishment providing accommodations and other services for travelers and tourists.
MOTION PICTURE THEATREA building that contains auditoria for viewing films (also called movies) for entertainment. Most, but not all, theaters are commercial operations catering to the general public, who attend by purchasing a ticket.
MOTOR VEHICLE SALESA retail establishment engaging in the sale of new and/or used motor vehicles.
MOTOR VEHICLE SERVICEIs a repair shop for automobiles where power driven machinery is used, or electric or acetylene gas welding or cleaning by explosive spray and/or similar activities of an objectionable and hazardous nature.
MUNICIPAL CONTRACT USEUses operated by private parties which have a contract with the Town of Dartmouth to provide a service which benefits the public.
MUNICIPAL SOLARAny solar project or purchasing program, within a geographic area, in which the benefits of a solar project flow to multiple customers such as individuals, businesses, nonprofits, and other groups.
MUNICIPAL USESAll municipal buildings, structures, facilities, or uses owned and operated by the Town of the Dartmouth.
MUNICIPAL WIND TURBINE (WECF)A wind energy conversion facility (WECF) located on Town-owned property designed to provide at least 50% of its electrical output, or of the value thereof, for the use or benefit of the Town of Dartmouth and without regard to the ownership of the structure or equipment.
NEIGHBORHOOD RESTAURANTA smaller restaurant designed to be located within residential neighborhoods and consisting of ten or fewer seats.
NIGHT CLUBAn establishment for nighttime entertainment, typically serving drinks and offering music, dancing, etc.
NON-OWNER OCCUPIED LODGING HOUSEA non-owner occupied, single-family dwelling where one or more occupants are primarily permanent in nature and rent is paid for guest rooms.
OCCUPIEDIncludes "designed or intended to be occupied".
OUTDOOR ACTIVE RECREATIONAre uses that primarily require infrastructure such as sports fields, ball fields, tennis courts, etc. Active recreation shall include but not be limited to baseball, volleyball, basketball, soccer, lacrosse, skateboarding, tennis, etc. Yard play of private homes and residential buildings shall be exempt.
OUTDOOR PASSIVE RECREATIONA use that provides recreational facilities such as but not limited to the following uses: walking, jogging, hiking, wildlife viewing, painting, photography, cross country skiing, picnic areas, fishing, canoeing, kite flying, horseback riding, bicycling, etc.
OVERBURDENAre those unconsolidated geologic deposits lying above the bedrock surface.
PACKAGE STOREA store that sells alcoholic beverages in sealed containers for consumption elsewhere.
PARKING FACILITY/PARKING AREASAs referred to in Article
24 and used interchangeably, shall mean all area devoted to or available for use by motor vehicles. This shall include but is not limited to: parking stalls, access aisles, loading areas, vehicle storage areas, or any paved areas accessible to motor vehicles.
Is an open or enclosed space at least 10 feet x20 feet, exclusive of drives and maneuvering space, located on the lot it serves and with direct access either to a street or to a driveway leading to a street.
PET DAY CAREAn establishment, or part thereof, or premises maintained for the purpose of providing socialization, training, or housing, in the absence of the owner, for less than 24 hours for which a fee is charged.
PROFESSIONAL OFFICEA business office space, primary or ancillary, used for general businesses such as Attorneys, Real Estate, Medical Office, Dental Office, Payroll services, Accounting, Etc. Not to include business uses, retail or wholesale in nature where products are distributed from the premises.
PROTECTED LANDAre lands subject to deed protections for conservation, resource or agricultural purposes. The term "conservation" as used herein shall not tie "Protected Lands" directly to the Conservation Commission unless so stipulated in a Deed or by jurisdictional wetland inclusion.
RECHARGE AREASAre areas composed of permeable, porous materials that collect precipitation or surface water and transmit it to aquifers.
RECREATIONAL VEHICLE(1) With regard to FEMA regulations, means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use;
Is a vehicle or vehicular attachment which is designed for sleeping or living quarters for one or more persons, with or without utilities, flush toilets, or bath facilities, is used for recreational purposes, is not a residence and includes among other terms, a travel trailer, a pick-up camper, a tent trailer, a beach buggy and a motor home.
REGULATORY FLOODWAYMeans the channel of a river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
RESOURCE RECOVERYProcess of reclaiming the materials or energy values from solid wastes.
RESTAURANTA commercial establishment where food and drink are prepared, served, and consumed, either on the premises, or for takeout to be consumed elsewhere.
RETAIL GROUPIs a complex of three or more commercial establishments, primarily retail in nature, located on one lot or contiguous lots and arranged and designed as a unit.
RETAIL SALESThe sale of goods and products to public consumers rather than to business, stores, etc. Products include items such as textiles, general merchandise, food and food products, auto parts, pet supplies, etc.
RIVERINEMeans relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SANITARY WASTEWith reference to Article
28, are waste waters arising from ordinary domestic water use as from toilets, sinks and bathing facilities, etc. and containing such concentrations and types of pollutants as to be considered normal wastes.
Is the depth of permeable soil actually saturated with water to the capacity of the soil to contain water under normal conditions of temperature and pressure.
SELF SERVICE LAUNDRYA walk in laundry service where articles of clothing are washed and dried by the consumer while they wait.
SERVICE ESTABLISHMENTSShops that primarily perform services such as hairdressing, manicure, pedicure, massage, tattoos, dog grooming, etc.
SIGNIs any display of lettering, logos, pictorial matter, objects, colors, lights or illuminated tubes, or the application or attachment of the same to any device, surface, structure, boundary wall or fence, that is visible to the public and either conveys a message to the public or is intended to advertise, announce, provide an invitation regarding, or direct or draw attention to, whether directly or indirectly, a use that is conducted on the premises. A sign shall be measured so as to include the entire surface area of the sign as defined above including the area contained within any border or frame that draws attention to the sign. This definition exempts governmental directional and traffic control signs, governmental legal notices and any displays of merchandise on the interior of windows. This definition also exempts private directional and traffic control signs that are not used to advertise, announce, provide an invitation regarding, or direct or draw attention to, whether directly or indirectly, a commercial use that is conducted on the premises. This definition also exempts flags and insignias that are not used to advertise, announce, provide an invitation regarding, or direct or draw attention to, whether directly or indirectly, a commercial use that is conducted on the premises.
SLUDGEWith reference to Article
28, is residual material produced by water and sewage treatment processes and domestic septic tanks.
Buildings or facilities owned or operated by an association, corporation, or persons for a social, educational or recreational purpose; but not operated primarily for profit.
SOLID WASTESWith reference to Article
28, are any discarded solid material, putrescible or non-putrescible, consisting of all combustible and non-combustible solid material including, but not limited to, garbage and rubbish.
Is that defined by MGL Chapter 40A, Section 9. Unless otherwise noted, the following shall apply: all special permits shall lapse unless substantial use or construction has commenced within two years. The Special Permit Granting Authority shall make related rules and regulations.
STABLE/RIDING/BOARDINGA building and its surrounding grounds where horses or draft animals are kept or brought in for training, boarding, breeding, hire, riding, sale, show, competition, or any other equine activity or discipline.
STORYIs that part of a building between the top of a finished floor or roof next above.
STREET LINEIs the dividing line between a street and a lot.
STRUCTURE(1) Means, for Flood Plain Management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a mobile home.
With reference to Article
28, are anything constructed or erected, except a boundary wall or fence, the use of which requires location on the ground or attachment to something on the ground. For the purposes of this ordinance, buildings are structures.
SUBSTANTIAL IMPROVEMENTMeans any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition a "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or
Any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
TELECOMMUNICATIONS FACILITYA communications facility that transmits and receives signals to and from a local, State, national, or international network used primarily for two-way communications.
THREE FAMILY DWELLINGA single building or portion thereof that provides living quarters for three families.
TRAILERIs a vehicle without motive power, designed to be towed by a passenger automobile or other powered vehicle of similar size but not designed and intended for human occupancy, such as: utility trailers, boat trailers and horse trailers.
TRANSFER STATIONA site where recyclables and refuse are collected and sorted in preparation for processing or landfill.
TWO FAMILY DWELLINGA single building or portion thereof that provides living quarters for two families.
USEDIncludes "designed or intended to be used".
VETERINARY HOSPITALA hospital used solely for the medical and surgical treatment of animals under the care of a veterinarian.
WALK IN HEALTH CLINICA smaller medical institution which accepts patients on a walk in basis with no appointments required.
WAREHOUSING & DISTRIBUTIONA use engaged in storage and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. This definition does not include self-storage facilities.
WHOLESALE SALES OUTLETA wholesale sales section that is ancillary to the retail Use and which does not exceed 20% of the gross retail use area.
YACHT AND BEACH CLUBLand and support facilities set aside for the enjoyment of water based recreation and operated either for profit or non-profit. Clubhouses, swimming pools, tennis courts, parking facilities, a restaurant and conference/function rooms are allowed when operated as secondary services.