The defined words and phrases are as follows:
ABANDONMENTThe cessation of a use as indicated by the visible or otherwise apparent intention of an owner to discontinue a use of a structure or lot or in removal of the characteristic equipment or furnishing used in the performance of the use without its replacement by similar equipment or furnishings or the replacement of a nonconforming use or structure by a conforming use or structure.
ACCESSORY DWELLING UNITThe following definitions shall apply to §
190-39:
A. ACCESSORY DWELLING UNIT (ADU)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; and, ii) except as provided for herein, 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.
BUS STATIONAny location serving as a point of embarkation for any bus operated by a Transit Authority.
COMMUTER RAIL STATIONAny commuter rail station operated by a Transit Authority with year-round service with trains departing at regular time intervals, rather than intermittent, seasonal, or event-based service.
DWELLING UNITA single housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
GROSS FLOOR AREA (GFA)The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple Principal Dwellings on the Lot, the GFA of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use Accessory Dwelling Unit.
MODULAR DWELLING UNITA pre-designed Dwelling Unit assembled and equipped with internal plumbing, electrical or similar systems prior to movement to the site where such Dwelling Unit is affixed to a foundation and connected to external utilities; or any portable structure with walls, a floor, and a roof, designed or used as a Dwelling Unit, transportable in one or more sections and affixed to a foundation and connected to external utilities.
PRINCIPAL DWELLINGA structure, regardless of whether it conforms to Zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one Dwelling Unit and is located on the same Lot as a Protected Use Accessory Dwelling Unit.—
PROTECTED USE ACCESSORY DWELLING UNIT (PADU)An attached or detached ADU that is located, or is proposed to be located, on a Lot in a Single-family Residential Zoning District and is protected by MGL c. 40A, §
3, provided that only one ADU on a lot may qualify as a Protected Use Accessory Dwelling Unit. An ADU that is nonconforming to Zoning shall still qualify as a Protected Use Accessory Dwelling Unit if it otherwise meets this definition.
SHORT-TERM RENTALShort-term rental, as defined in MGL c. 64G, §
1. Any unit rented for 31 days or less to any one individual renter/tenant shall be deemed a short-term rental.
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTAny Zoning District where Single-family Residential Dwellings are a permitted or an allowable use, including any Zoning District where Single-Family Residential Dwellings are allowed as-of-right or by Special Permit.
SITE PLAN REVIEWA process established by local ordinance or by-law by which a Municipal board or authority may review and impose terms and conditions on the appearance and layout of a proposed use of land or structures prior to the issuance of a building permit.
TRANSIT AUTHORITYThe Massachusetts Bay Transportation Authority established by MGL c. 161A, §
2, or other local or regional transit authority established pursuant to MGL c. 161B, §
3, or MGL c. 161B, §
14.
TRANSIT STATIONA Subway Station, Commuter Rail Station, Ferry Terminal, or Bus Station.
USE AND OCCUPANCY RESTRICTIONSA Zoning restriction, Municipal regulation, covenant, agreement, or a condition in a deed, zoning approval or other requirement imposed by the Municipality that limits the current, or future, use or occupancy of the Protected Use ADU to individuals or households based upon the characteristics of, or relations between, the occupants, such as but not limited to, income, age, familial relationship, or enrollment in an educational institution, or that limits the number of occupants beyond what is required by applicable state code.
ACCESSORY USEA use customarily incidental to, and on the same lot as, a use permitted in a district, provided that the accessory use is not injurious, noxious or offensive to nor inconsistent with the character of said district.
ADULT USEFor the purposes of §
190-35, an adult bookstore, adult club, adult paraphernalia store, adult video store, or adult theater as defined below, each constitute, or constitute in combination an adult use:
A. ADULT BOOKSTOREAn establishment having as a substantial or significant portion (greater than 20%) of its stock-in-trade books, magazines and other matter which are distinguished as characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ADULT CLUBAn establishment having as a substantial or significant portion (greater than 20%) of its entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion (greater than 20%) of its stock 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 c. 272, §
31.
ADULT THEATERAn enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion (greater than 20%) of its stock in videos and other matters which are distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
AFFORDABLE DWELLING UNITSDwelling units eligible to be counted toward the Town of Wakefield's total number of "subsidized units" in EOHLC's Chapter 40B, Subsidized Housing Inventory, as the same may be revised from time to time.
AGRICULTURELand used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. All such activities may be limited to parcels of five acres or more or to parcels of two acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture.
ART/CRAFT STUDIOA room or group of rooms used by artists and craftspeople for the creation of any visual art or craft, including but not limited to: painting, drawing, graphic design, photography, sculpture, ceramics, jewelry, leatherwork and other related arts and crafts; of written works of fiction and nonfiction; or of any performing art.
ATTACHED DWELLINGA one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is completely separated from any other unit by one or more common fire-resistant walls. "Attached dwellings" are also referred to as "townhouse dwellings" or "row house dwellings." (See §
190-43 for regulations related to attached dwellings.)
A group of three or more attached dwellings located on contiguous lots or on a single or commonly owned lot. "Attached dwelling complexes" are usually comprised of units for sale as individual townhouse dwellings (with their own lots) or as condominium units.
BANKA financial institution, authorized, licensed or chartered by the state or federal government that maintains depository accounts for customers, accepts deposits, pays withdrawals, clears or cashes checks, pays interest, makes loans and in addition may provide other financial related services to its customers.
BANK BUILDINGA building solely occupied or used as a bank, staffed by personnel, where customers may visit and conduct business in person and interact with personnel, including areas within the building such as lobby areas, teller areas, automatic teller machine areas, conference rooms, and customer lounge areas along with areas that are exclusive to personnel, such as safe or storage areas, personnel offices, personnel work areas, personnel conference rooms and other personnel-related facilities such as a cafeteria.
BASEMENT (see accompanying diagram)A portion of a building partly below grade which has more than 1/2 of its height, measured from finished floor to finished ceiling, above the finished grade of the ground immediately adjoining the building, as computed after construction of the building. A "basement" is not considered a story unless its ceiling is four feet six inches or more above the average finished grade.
BODY ARTThe practice of physical body adornment using, but not limited to, the following techniques body piercing, tattooing, cosmetic tattooing, branding, microblading and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin.
BODY ART ESTABLISHMENTA location, place or business where the practices of body art are performed, whether or not for profit.
BREWERYThe following types of Breweries are allowed as set forth in Article
III. The facilities may also include other uses such as standard restaurant, bar, or live entertainment as permitted in the zoning district.
A. BREWPUBA brewpub is primarily an eating and drinking establishment (restaurant) with a small brewery on the premises which produces beer, ale, or other malt beverage, and where the majority of the beer produced is consumed on the premises. This classification allows a brewpub to sell beer at retail or act as wholesaler for beer of its own production for off-site consumption, with appropriate state licenses.
MICROBREWERYA microbrewery is an establishment primarily engaged in the production and distribution of beer, ale, or other malt beverages, and which may include accessory uses such as tours of the microbrewery, retail sales, or on-site consumption, e.g., "taproom." This classification allows a microbrewery to sell beer at retail or act as wholesaler for beer of its own production for off-site consumption with appropriate state licenses, and allows for up to 60,000 barrels per year.
BUFFER STRIPA strip of land intended to buffer uses on one lot from uses on an adjoining lot. Such strip shall include natural or planted vegetation sufficient to provide a visual and noise buffer satisfactory to the reviewing authority.
BUILDINGA combination of any materials, whether portable or fixed, having a roof, enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property. For purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
A. BUILDING AREAThe aggregate of the maximum horizontal footprint area of all buildings on a lot, exclusive of cornices, eaves, gutters, chimneys, steps, unenclosed porches, balconies and terraces. Such cornices, eaves, gutters, chimneys, steps, unenclosed and uncovered porches, balconies and terraces may extend beyond the minimum yard requirements as established in Article
IV, but in no case shall such extension be in excess of five feet beyond the minimum yard requirements.
BUILDING, HEIGHTThe vertical distance of the highest point of the roof above the average finished grade of the ground immediately adjoining the building, as computed before the building is actually erected. This definition excludes chimneys, ventilators, skylights, water tanks, bulkheads, elevator penthouses and other accessory structures which are required or are customarily carried above the roofs of buildings and towers, spires, domes, cupolas and similar parts of buildings if such areas are not used for living or storage purposes and if such structures are not equal to more than 20% of the space occupied by the ground floor of the building. Such accessory structures shall not exceed required height limits by more than 20 feet. Any berm or earth structure changing the grade of the ground shall be added to the elevation of the building to determine its height under this chapter.
BUILDING, NONCONFORMINGA building, lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto, which does not conform to one or more of the applicable use, dimensional or density regulations for the district in which the building is located.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUILDING INSPECTORThe officially established Zoning and Building Enforcement Officer for the Town of Wakefield. The "Building Inspector" may be appointed Zoning Administrator by the Zoning Board of Appeals in accordance with MGL c. 40A, §
13.
A portion of a building, partly or entirely below grade, which has more than one-half of its height, measured from finished floor to finished ceiling, below the average finished grade of the ground immediately adjoining the building, as computed after construction of the building. A "cellar" is not deemed a story.
CERTIFICATE OF OCCUPANCYA statement signed by the Building Inspector setting forth either that a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.
CHILD CARE CENTERA day care center or school age child care program, as those terms are defined in MGL c. 15D, §
1A.
Boat livery, outdoor ice skating rink, recreation camp, ski ground, riding academy or stable, golf driving range, miniature golf course, and the like.
COMMERCIAL VEHICLEAny vehicle which has a vehicle weight, or curb weight, of more than 6,000 pounds as per the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle or pickup, provided that such sport utility vehicle or pickup does not contain on the bed tools, supplies, material or equipment transported to or from a job site. Any vehicle if on the roof or sides of the vehicle tools, supplies, materials or equipment is transported to or from a job site. Any vehicle which has business advertisements or business markings thereon, excepting markings limited to the name, address, telephone number and logo of any corporation or other entity. Any vehicle used to plow or for hire to transport or store goods, wares or merchandise. Any vehicle used to store or transport goods, wares or merchandise intended for sale in the ordinary course of the vehicle operator's or owner's business. Any vehicle with five or more wheels on the ground.
CONTRACTOR'S YARDFacility serving entities engaged in building, HVAC, electrical, or plumbing services.
DISTILLERYThe facilities may include an on-site tasting room as an accessory use with retail sales of only those alcoholic beverages produced at that facility for consumption on or off the premises. An on-site tasting room shall be subject to the use and parking standards of a bar or restaurant. The facilities may also include other uses such as standard restaurant, bar, or live entertainment as permitted in the zoning district, with retail sales of only those alcoholic beverages produced at that facility for consumption on or off the premises.
DOG KENNEL/DOG DAYCAREThe business or regular activity, whether for profit or not, of boarding, holding, daycare, overnight stays or training of dogs that are not the property of the owner of the establishment, at which services are rendered in exchange for consideration and in the absence of the owner of any such dog, provided that the kennel or dog daycare is not an animal shelter or pet shop and is licensed by the Board of Health.
DRIVE-IN RETAIL OR SERVICE ESTABLISHMENTA business or commercial establishment, including general or personal service establishments, which dispenses any food, beverages, goods or services from inside a building to persons standing outside or seated in their automobiles.
DWELLINGA building designed exclusively for residential occupancy, including one-family, two-family and multiple residences, but not including hotels or boardinghouses.
A. DWELLING, ATTACHEDA building designed exclusively for residential occupancy, including one-family, two-family and multiple residences, but not including hotels or boardinghouses.
DWELLING, DETACHEDA building which is designed or occupied as a one-family residence on its own lot and is separated by side yards from any other structure or structures, except accessory buildings.
DWELLING, MULTIFAMILYA building (other than an "attached dwelling," as defined herein) designed or intended or used as the home of four or more families, each in a separate dwelling unit, living independently of each other and who may have a common right in halls and stairways. This definition is intended to include building types commonly known as "garden apartments," "mid-rise apartments," and "high-rise apartments," which are defined below.
(1) GARDEN APARTMENTA multifamily dwelling of not more than three stories in height, containing not fewer than three dwelling units and usually arranged with grounds planted and maintained with grass, shrubs and trees. (See also the definition for "dwelling, attached.")
MID-RISE APARTMENTA multifamily dwelling of more than three stories but not more than six stories in height.
DWELLING, SEMIDETACHEDA building which is designed or occupied as a one-family residence but may be attached on one side to a similar one-family residence (sometimes called a "duplex").
DWELLING UNITOne or more rooms designed and equipped for one family to occupy as a housekeeping residence with permanent provisions for living, sleeping, eating, cooking and sanitation.
EDUCATIONAL USE, FOR PROFITA facility providing educational services, such as a dance studio or a martial arts classroom, but not protected by MGL c. 40A, §
3.
Services provided by a private utility or public utility through erection, construction or alteration or maintenance of gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems. Facilities necessary for the provision of "essential services" include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, street name signs, hydrants and other similar equipment and accessories in connection herewith.
FABRICATION AND ASSEMBLYHeavy or light industry, manufacture or assembly of a product, including processing, fabrication, assembly, treatment, packaging, and allowed accessory uses.
FAMILYAny number of persons related to one another by blood, marriage, adoption or foster care placement, including spouses, children, parents and grandparents, or no more than four unrelated individuals, all residing together in a single housekeeping unit.
FAST-FOOD ESTABLISHMENTAn establishment whose primary business is the sale of food for consumption on or off the premises which is primarily intended for immediate consumption rather than for use as an ingredient or component of meals, available upon a short waiting time (five to eight minutes) and packaged or presented in such a manner that it can be readily eaten either inside or outside the premises where it is sold.
FLOODPLAIN OVERLAY DISTRICTThese definitions shall apply in §
190-46 of this chapter:
A. BASE FLOOD ELEVATON (BFE)All flood storage areas for the 100-year frequency storm, including the 100-Year floodway along the Mill River and Saugus River, including their tributaries as designated and depicted on the current FEMA Flood Boundary and Floodway Map.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title
44, Part 59]
FLOOD BOUNDARY AND FLOODWAY MAPAn official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway.
FLOODWAYThe channel of the 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. [Base Code, Chapter 2, Section 202].
FUNCTIONALLY DEPENDENT USEA use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title
44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title
44, Part 59].
HISTORIC STRUCTUREAny structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1) By an approved state program as determined by the Secretary of the Interior or 2) Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title
44, Part 59].
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14].
RECREATIONAL VEHICLEA vehicle which is: a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. designed to be self-propelled or permanently towable by a light duty truck; and d. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title
44, Part 59].
SPECIAL FLOOD HAZARD AREAThe land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE. [Base Code, Chapter 2, Section 202].
START OF CONSTRUCTIONThe date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202].
STRUCTUREA walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title
44, Part 59].
SUBSTANTIAL REPAIR OF A FOUNDATIONWhen work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of
780 CMR. [As amended by MA in 9th Edition BC].
VARIANCEA grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title
44, Part 59].
VIOLATIONMeans the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §
190-56 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title
44, Part 59].
ZONE AAn area of special flood hazard without water surface elevations determined.
ZONE AEAn area of special flood hazard with water surface elevations determined.
FLOOR AREA RATIOThe ratio of the gross floor area to the total area of the lot. (See definition of "gross floor area" below.)
FUNERAL ESTABLISHMENTA building or part thereof used for human funeral services. Such building may contain space and facilities for a) embalming and the performance of other services necessary for the preparation of the dead for burial; b) the performance of autopsies and other surgical procedures; c) the storage of caskets, funeral urns, and other related funeral supplies; d) the storage of funeral vehicles; e) facilities for cremation; and f) the living quarters of an individual whose bona fide occupation is in the funeral establishment.
GARAGE, MOTOR VEHICLE REPAIRAny building used for the keeping of motor vehicles and in which a business or industry dealing with the repair or servicing of such vehicles is maintained.
A. GARAGE, PRIVATEAny building or portion of a building accessory to and located upon the same lot as a residential building or upon a lot in the same ownership and adjacent to the lot on which the served residential building is located which is used for keeping of a motor vehicle or motor vehicles.
GARAGE, PUBLICAny building used for the keeping of motor vehicles in which a business dealing with the storage of such vehicles is maintained either for profit or public service. Such business shall not involve the repair or servicing of any motor vehicles.
GROSS FLOOR AREAThe sum of the floor areas of all parts of the building(s) on a lot, measured from the outer faces of the walls, excluding basement areas whose interior height is more than 50% below finished grade and excluding enclosed parking garages.
HISTORICAL SITE OR ARCHEOLOGICALLY SIGNIFICANT SITEThose historical sites or archaeologically significant sites a) which are listed on the National Register of Historic Places or b) which are on an inventory provided to the Building Inspector by the Wakefield Historical Commission and on file with the Massachusetts Historical Commission and have been designated as significant buildings or sites after a finding by the Wakefield Historical Commission that buildings or structures are either: Importantly associated with one or more historic persons or events, or with the architectural, cultural, political, economic or social history of the Town of the Commonwealth; or Historically or architecturally significant (in terms of period, style, method of building construction, or association with a famous architect or building); or of archaeological importance as designated by the Massachusetts Historical Commission.
HOME OCCUPATIONA home occupation is an accessory use which is incidental and subordinate to a single-family-dwelling use. See §
190-17.
A building housing a facility or institution licensed to provide short-term acute in-patient outpatient medical care or surgical care; not to include a doctor's office.
HOTELA building or group of buildings, part of a building containing rooming units without individual cooking facilities for transient occupancy and having a common entrance or entrances or individual exterior entrances; and including an inn, motel, motor hotel, inn and tourist court, but not including a boardinghouse, lodging house or rooming house.
LODGING OR ROOMING HOUSEA building where lodging units are rented to four or more persons. A "lodging house" shall not include convalescent, nursing or rest homes; dormitories of charitable, educational or philanthropic institutions; or apartments or hotels.
LODGING UNITOne or more rooms for the semipermanent dwelling use of not more than three individuals not living as a single housekeeping unit and not having cooking facilities.
LOTAn area or parcel of land or any part thereof in individual, joint or common ownership, or in ownership by the entirety, which is designated on a plan as a separate lot and which has boundaries identical with those on a plan recorded in the South Middlesex Registry of Deeds.
A. LOT FRONTAGEThe continuous length of a lot line which is coterminous with the street line of a street to which the lot has legal access.
LOT WIDTHThe shortest distance between opposite side lines of a lot. Between the frontage and the points where the front setback intersects the lot side lines, the lot width shall be at least 90% of the required minimum lot width. At no point between, but not including the front setback and the principal structure, shall the lot be narrower than 75% of the required minimum lot width. Measured at all points through the principal structure on said lot, the lot width shall be at least 100% of the required minimum lot width.
MANUFACTURING, LIGHTLight industry or light manufacturing: Includes the following (with related offices), provided that such uses shall not include the sale or transfer of flammable liquids, gas, explosives or other potentially hazardous materials, except for the uses operating under a license granted under the authority of Chapter
148 of the Massachusetts General Laws as of the date of this chapter:
A. Assembly of previously prepared or manufactured parts.
Machine shops or other metal working.
Printing and graphic arts establishments.
Manufacture, compounding, processing, packaging, stamping or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceutical and biotechnical, toiletries and food products, and wood, but not including the rendering of fats or oils.
MBTA OVERLAY DISTRICTThe following definitions apply to §
190-54 and do not have applicability to other Sections of this chapter:
A. AS OF RIGHTDevelopment that may proceed under the zoning in place at the time of application for a building permit without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
BUILDING SCALEThe relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings.
CHARACTER AREAA designated geographical portion of the MOD with distinct dimensional requirements and by-right allowable uses, informed by its neighborhood context and existing development pattern.
HEIGHTThe limitation on the height of buildings shall not apply in the MOD to chimneys, ventilators, towers, elevator shafts, silos, spires, or similar features of buildings, which features are in no way used for living purposes and do not constitute more than 20% of the ground floor area of the building.
MASSThe three-dimensional bulk of a structure determined by the height, width, and depth.
MOD MULTIFAMILY DWELLINGA building designed, intended, or used as the home of three or more families, each in a separate dwelling unit, living independently of each other and who may have a common right in halls and stairways located in the MOD pursuant to Article
IX. This definition is intended to include building types commonly known as "MOD apartments," "MOD high-rise apartment building," "MOD live/work units," and "MOD mixed-use buildings," which are defined below:
(1) MOD APARTMENTSA MOD multifamily dwelling containing not fewer than three dwelling units and up to 10 stories in height;
MOD MIXED USESA structure in which MOD multi-family dwellings are the principal use and a non-residential use is located on the ground floor, with the exception of an ADA accessible unit(s) on the first floor as outlined in the MOD Overlay.
MOD LIVE/WORKA self-contained MOD unit that includes a by right non-residential use. Live-work units shall be considered multiple-family units under this section. Live-work units are permitted to have a nonresidential space for exclusive use of a tenant or an open coworking space shared among residents, provided the regulations of MMUC are met in MOD-NMU. The nonresidential use shall be limited to a vocation, trade, small business, artist/craft studios, teaching of not more than one student simultaneously that meets the following criteria:
(a) No non-resident shall be employed and required to come on site;
The use shall not require any exterior changes to the building, be contained within the building and shall not be rendered objectional or detrimental to the residential character of the neighborhood due to its exterior appearance or emission of odor, gas, smoke, dust, noise or disturbance or in any other way become objectional or detrimental to any residential use within the neighborhood;
The nonresidential use shall be limited to 40% of the unit's gross floor area, not to exceed 700 square feet.
No visible signage, display of goods, storage of explosive/hazardous materials, or customers/clients/pupils coming to the residence on a regular basis unless a separate ground floor space is provided.
SHORT TERM RENTALAn owner-occupied, tenant-occupied, or non-owner occupied property, including, but not limited to, an apartment, house, cottage, condominium, room within a housing unit, or a furnished accommodation that is not a hotel, motel, lodging house, or bed and breakfast establishment, where: i) at least 1 room or unit is rented to an occupant or sub-occupant for a duration of less than 28 consecutive days; and ii) all accommodations are reserved in advance.
MEDICAL CENTER OR COMPLEXAny facility in which a variety of medical or dental services will be practiced by Massachusetts licensed medical and dental professionals, on an outpatient basis. Services may include and are not limited to: Cardiology; geriatric medicine, mental health, hematology, neurology, obstetrics/gynecology; occupational health; oncology; rehabilitation medicine; emergency dental services; dental exams and preventative dental care; dental restorative services; and dental rehabilitative services. The term "medical center or complex" does not include hospitals, medical marijuana dispensaries, urgent care facilities, clinics and substance abuse treatment centers.
MEMBERSHIP CLUBA noncommercial social, sports or fraternal association or organization which portion (greater than 20%) of its entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
A building or premises used for the dispensing, sales or offering for sale of motor fuels directly to users of motor vehicles. Other sales activities and any repairs shall be activities minor in scope and clearly subordinate to the sale of motor fuels, oils and lubricants. No drive-through facilities are permitted without further zoning relief.
OFFICEA place in which functions such as directing, consulting, recordkeeping, clerical work and sales (without the presence of merchandise of a firm) are carried on. Also, a place in which a professional person conducts his professional business.
OPEN AREAA yard area which is unbuilt upon but which may include sidewalks, swimming pools, terraced areas, patios, tennis courts, play courts, playground facilities or similar facilities and is not devoted to streets, driveways or off-street parking or loading areas.
OPEN SPACE LANDLand set aside solely for the conservation purposes which is unbuilt upon and shall be maintained in a natural state and used for the following purposes only: protection of areas with unique or environmentally sensitive features; protection of the quality and quantity of underground and surface waters; conservation of soils, wetlands or marshes; protection of natural drainage systems for assurance of safety from flooding; preservation of sites, or areas of scenic beauty or historic interest; conservation of forest, wildlife, agricultural and other natural resources; and pedestrian pathways.
A. OPEN SPACE, LANDSCAPEDOpen space designed and developed for pleasant appearance in trees, shrubs, ground cover and grass, including other landscaped elements, such as natural features of the site, walks and terraces, and may also include open areas accessible to and developed for the use of the occupants of the property located upon a roof not more than 10 feet above the level of the lowest story used for dwelling purposes.
OPEN SPACE, USABLEOpen space land which is free of automobile traffic and parking and readily accessible to those for whom it is intended. It must be sufficiently well drained to permit its use for informal recreation for most seasons of the year. Such space may include open areas intended for the exclusive use of site occupants as well as those accessible to the public.
PARKING LOTThree or more parking spaces together with internal islands, dividers, walks, and landscaping, plus vehicular drives which abut those elements, but not including other portions of entrance or exit drives.
RECREATIONAL TRAILER OR VEHICLEA vehicular, portable unit designed for travel, camping or recreational use, including but not limited to the following:
A. BOAT OR UTILITY TRAILERA vehicle without motive power designed to be drawn by a motor vehicle and designed for the hauling or storage of a boat, aircraft, snowmobile or other materials.
MOTORIZED CAMPERA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICKUP CAMPERA portable dwelling unit designed to be mounted on a pickup truck or chassis, whether or not so mounted.
TENT TRAILERA folding structure, constructed of canvas, plastic or similar water-repellent material, designed to be mounted on wheels to be used as a temporary dwelling.
TRAVEL TRAILERA vehicular, portable dwelling unit built on a chassis, being of any length, provided that its gross weight does not exceed 4,500 pounds, or being of any weight, provided that its overall length does not exceed 28 feet.
REGISTERED MARIJUANA DISPENSARIESWhere not expressly defined in this chapter, terms used in this article shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, MGL c.
94C, App. §
1-1 et seq., and the Department of Public Health Regulations promulgated thereunder, 105 CMR
725.001 et seq., and otherwise by their plain language.
A. CULTIVATIONThis definition encompasses marijuana cultivation related to registered marijuana dispensaries; the process of propagation, including germination, using soil, hydroponics, or other media to generate growth and maturity; and the intended process of bringing a plant or other grown product to maturity for harvesting, sale, refining or use as an ingredient in further manufacturing or processing.
MARIJUANAIn addition to the Commonwealth's definition under MGL Chapter
94C, "marijuana" shall mean and include: marijuana, marihuana, cannabis, hashish, cannabis seeds, THC (tetrahydrocannabinol) and its derivatives and extracts, as well as any substances containing THC, whether in plant, including its flowers, oil, resin, solid, liquid or aerosol form.
REGISTERED MARIJUANA DISPENSARY(IES)Also known as a "medical marijuana treatment center(s)," an entity that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, registered marijuana dispensary refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
REPAIRWith respect to a building or structure, any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure.
RESEARCH AND DEVELOPMENT; LABORATORYLaboratory or research establishments, including biotechnology companies, but excluding laboratories categorized as Level 3 and Level 4 by the National Institutes for Health.
RESTAURANTAn establishment where the principal activity is the service or sale of food or drink for on-premises consumption.
SELF-STORAGE FACILITYA facility where individual portions of the space are rented to businesses or consumers for the temporary storage of business or personal items.
SENIOR HOUSING FACILITYFor the purposes of §
190-42, the following definitions shall apply:
C. INDEPENDENT LIVING FACILITYA facility providing apartments for rent, with optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the facility.
LONG TERM CARE FACILITYA facility, including a convalescent home or Senior Housing Facility, rest home, infirmary maintained in towns, and charitable homes for the aged, as defined and regulated in 105 CMR
150.001.
SENIOR HOUSINGHousing for persons over the age of 55 subject to the Senior Housing Laws, as defined herein.
SENIOR HOUSING FACILITYAn Assisted Living Facility, Continuing Care Facility, Independent Living Facility, or Long Term Care Facility, whether operated as a free-standing facility or in combination with another type of facility on the same lot or adjacent lot in common control.
SENIOR HOUSING LAWSCollectively and separately, the Fair Housing Act, 42 USC Section
3607(b),
24 CFR Subtitle B, Ch.
1, Section 100.300 et seq. and MGL c. 151B, §
4.
SERVICE ESTABLISHMENT, GENERALEstablishments for trades and crafts which require manual dexterity, including but not limited to shops such as the following: plumbers, electricians, painters, paperhangers, upholsterers, sign painters, printers and monument works.
SERVICE ESTABLISHMENT, PERSONALPersonal services provided by a barbershop or beauty shop, repair and maintenance of clothing and household articles by a cleaning or laundry agency or automatic equipment; cobbler, tailor, valet service; radio, television and appliance repairs; and the like.
SETBACKThe horizontal distance measured perpendicularly from the property line to the building line.
SIDEWALK CAFEA portion of the street or public place in which tables and chairs are placed for the use of patrons consuming food or beverages, including alcoholic beverages, that is operated by a food service business located on abutting property.
SIGNFor the purposes of §
190-34, the following words and terms used herein are hereby defined or the meanings thereof are explained or limited as follows:
A. ACCESSORY SIGNAny billboard, sign or other advertising device that advertises, calls attention to or indicates the person or persons occupying the premises, as defined herein, on which the sign is erected or the business transacted thereon or advertises the property itself or any part thereof as "for sale" or "to let," even though it contains no other advertising matter.
AWNINGAny structure made of cloth or other flexible material with a frame attached to a building and projecting over a sidewalk, or a sidewalk portion of a way, without supports on the ground.
BUILDING SIGNA sign attached to a building in a business district which identifies the building as a whole or its predominant use.
BUSINESS DISTRICTThe area within the Town zoned for business, limited business, neighborhood business, limited industrial and industrial uses under this chapter.
CANOPY OR MARQUEEAny structure, other than an awning, on frames attached to a building, projecting over a sidewalk, or a sidewalk portion of the way, and carried by a frame, whether or not supported by the ground or sidewalk.
ERECTEDShall include the words "attached," "built," "constructed," "altered," "enlarged," and "moved.
FREESTANDING SIGNShall include any exterior sign erected on or affixed to the land and not attached to a building.
NONACCESSORY SIGNAny billboard, sign or other advertising device that does not come within the foregoing definition of an "accessory sign."
OCCUPANCY SIGNA sign attached to a building identifying the occupancy within a specific portion of the building.
SIGNIncludes any letter, word, symbol, drawing, picture, design, device, article or object that advertises, calls attention to or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction.
SIGN, AREA OFThe area of a sign shall be considered to include 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 shall not include any supporting structure or bracing.
The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or a triangle which encompasses all of the letters and symbols. |
The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object. |
STOREIncludes any establishment, office or place of business.
SIGNAGE OVERLAY DISTRICT (SOD)The following definitions apply exclusively to signs regulated within the Signage Overlay District, §
190-49 of this chapter. Whenever there may arise an ambiguity or dispute with respect to the meaning of any of the following words and terms, such ambiguity or dispute shall be resolved in a manner that results in a more restrictive interpretation consistent with the stated purposes of this chapter.
A. ABANDONMENTThe cessation of a use of a sign as indicated by the visible or otherwise apparent intention of an owner or occupant to discontinue the use of a sign, structure or lot; or the removal of the characteristic equipment or furnishings used in the performance of the use.
ALTERATIONAny construction, reconstruction or other similar action resulting in a change in structural parts, height, dimensions, size, use or location.
AWNINGA nonrigid covering over a fixed or retractable frame attached to a building's facade that projects over an area adjacent to the building.
(1) AWNING, FIXEDA nonrigid covering over a fixed frame attached to a building's facade that projects over an area adjacent to the building.
AWNING, OPERABLEA nonrigid covering over a retractable frame attached to a building's facade that projects over an area adjacent to the building.
AWNING SIGNAny and every sign displayed on an awning, which may include the entire awning.
BANNERAny sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. Any such sign that meets the definition of a wall sign, projecting bracket sign, projecting fixed-banner sign, or projecting sign shall not be deemed a banner. Flags shall not be considered banners. All banners are temporary signs.
BEACONAny light source with one or more beams directed at one or more points not on the same lot as the light source.
BILLBOARDAny sign, regardless of size, which advertises, calls attention to or promotes for commercial purposes any product, service or activity other than one manufactured, sold or engaged in on the lot at which the sign is located.
BUILDING MARKERAny sign indicating the name of a building, date of construction or significant fact about the building or its site that is cut into a masonry surface or flat-mounted on a building's facade.
CANOPYAn architectural projection, including a marquee, that provides weather protection, identity or decoration and is supported by the building to which it is attached, whether or not supported by one or more structural posts anchored to the ground or sidewalk. Typically, a canopy is a rigid structure to which a rigid covering is attached.
CHANGEABLE COPY SIGNA sign on which message content or copy is changed manually or electronically, including through the utilization of attachable or digitally changeable letters, numbers, symbols, and other similar characters.
CHANGING IMAGE SIGNAny sign that, through the use of electronic light-emitting diodes (LEDs), flat-screen panels, moving structural elements, flashing or sequential lights, lighting elements, or other method, results in movement, the appearance of movement or change of sign image or message. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature or both shall be considered a changing image sign for purposes of this chapter.
COMMERCIAL MESSAGEAny sign, wording, logo, trademark, "trade dress," identifying color regime or other representation that directly or indirectly names, advertises or calls attention to a business, product, service, organization or other commercial activity.
DIRECTIONAL SIGNAny sign limited solely to directing vehicular or pedestrian traffic to, or setting out use restrictions within, parking areas. A directional sign shall not include a commercial message.
FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government or political entity.
FREESTANDING SIGNAny sign or grouping of signs supported by structures or supports that are on, or anchored in, the ground and that are independent from any building or other structures.
HAZARDOUS SIGNA sign constituting a hazard to the public safety because it does not meet the lateral or vertical loads as specified in the Building Code, or does not meet the wiring and installation standards of the Electrical Code.
HISTORICAL MARKER or PLAQUEAn historical plaque approved by the Wakefield Historical Commission, the State Department of Archives and History or the National Register of Historic Places.
ILLUMINATED SIGNA sign that is illuminated in any manner by electrical or other devices, including the following:
(5) LUMINOUS TUBINGA light source formed by glass tubes filled with gas, including neon lighting.
IMAGE PROJECTIONSLight images created by a projection device that may be still, changeable or moving, that are shown on building walls, sidewalks or other surfaces.
MENU BOARDAny sign that provides information to patrons while using a drive- through facility or walk-up machine such as an automated teller machine.
MENU BOXESA sign affixed to a building that is capable of being read only at close range, such as on the sidewalk, by restaurant patrons that displays the restaurant's menu, hours or the like. Said sign shall not attract attention from off the premises, and its contents should not be discernible from a public street.
MONUMENT SIGNAny freestanding sign flush with the ground, the base of which is at least 75% as wide as the widest part of the whole sign. "Base" shall mean that portion of the sign that is flush with the ground.
MOVING SIGN or ANIMATED SIGNAny sign or any part of a sign that mechanically moves, spins by the wind, flashes, or uses traveling lights, changeable copy, or changing images.
NONCONFORMING SIGNSAny sign that does not conform to the provisions of this article that was lawfully erected.
PENNANTAny lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, but excluding flags.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs on A- or T-frames; sandwich board signs; balloons used as signs; umbrellas used for advertising; signs attached to or painted on a vehicle parked and visible from the public right-of-way, unless said vehicle is used in the normal, day-to-day operations of the business.
PROJECTING BRACKET SIGNAny sign that is suspended from a metal bracket and that extends more than six inches beyond the surface of the building to which it is attached.
PROJECTING FIXED-BANNER SIGNAny sign of lightweight fabric or similar material that is held in place between upper and lower brackets or armatures that are permanently fixed to a building's facade in such a manner that it extends more than six inches beyond the surface of such building.
PROJECTING SIGNAny sign that is affixed to a building and that extends more than six inches beyond the surface of such building. A mansard wall sign shall not be deemed a projecting sign.
REPAIRWith respect to a building, structure or sign, any construction that replaces the materials and does not change the dimensions, size, use or location thereof.
ROOF SIGNAny and every sign located above, or projecting above, the lowest point of the eave or the top parapet wall of any building, or which is painted on or otherwise attached or affixed to a roof. A mansard wall sign shall not be deemed a roof sign.
SIGNAny display, including its structure, consisting of any letter, figure, character, mark, point, plane, design, poster, pictorial, picture, video display, cartoon, stroke, stripe, line, trademark, reading matter or illuminated device, which is constructed, attached, erected, fastened or manufactured in any manner so that the same shall be used to convey any message whatsoever to the public.
SIGN AREAThe area defined by the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or supporting structure. Only one side of a flat, identical, back-to-back sign shall be included in calculating the sign area.
SIGN HEIGHTThe maximum vertical distance measured from the finished grade to the highest point of the sign or its supporting structure, whichever is higher.
SIGNBAND OR FRIEZEA continuous horizontal segment of a building's facade, located above any ground-level storefront display windows and clerestory windows and below the second-story windows or building cornice. In many storefronts this area is designated by a distinct band of pre-cast concrete, plaster, wood or other material and is the typical location for business signs.
STOREFRONT OF A BUSINESS ESTABLISHMENTThat portion of the first floor building wall comprised of the business establishment's public entrance and display windows that is adjacent to and corresponds to the height and width of the interior space rented or owned by the business establishment.
STREETSCAPE DRAWINGAn architectural drawing of building facades that shows the outline of adjacent buildings, the height of parapets, rooflines, second-floor levels, and the size and location of window openings.
TEMPORARY SIGNAny and every sign, but not including window signs, which by its design or use is temporary in nature, frequently composed of paper, poster board, or cardboard, typically containing messages relative to sale, lease, rental or construction of property, garage or yard sales and similar occasional uses, special sales, bazaars, dinners or other events. Temporary signs include, but are not limited to, the following:
(1) ARTISAN'S SIGNAny sign of a mechanic, painter, or other artisan performing work on the lot.
LAWN SIGNAny freestanding sign made of lightweight materials such as cardboard or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor.
POLITICAL SIGNAny sign that refers only to the issues or candidates involved in a political election.
SALES OR RENTAL SIGNAny sign advertising the sale or rental of the whole or any portion of the lot upon which it is located.
WALL MURALA directly applied wall sign that exceeds the maximum allowed sign area
WALL SIGNAny sign securely fixed parallel to the face of a building wall. Four types of wall signs specifically identified in this article are:
(3) RAISED PANEL WALL SIGNAny sign of painted, incised, or three-dimensional material applied to a panel that is less than two inches in thickness affixed directly to a building surface.
SIGN BOX WALL SIGNAny sign of painted, incised or three-dimensional material affixed to a signboard or in a frame attached and parallel to a wall surface extending more than two inches, but less than six inches, from the wall surface.
WINDOW SIGNAny and every sign of any material affixed directly to the surface of the window or any sign inside a building, the purpose of which is to be viewed or visible from the outside, including, without limitation, every such sign within three feet of the window or door. A window sign does not include any item of merchandise normally displayed within a merchant's display window.
SPECIAL PERMITA use of a structure or lot or any action upon a premises which may be permitted under this chapter only upon application to and the approval of the appropriate board and in accordance with provisions of §
190-60 of this chapter and MGL c. 40A, §
9.
The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third of the area of the floor immediately below, it shall be deemed to be a "story." A basement shall be deemed to be a "story" when its ceiling is four feet six inches or more above the finished grade. A cellar shall not be deemed to be a "story." An attic shall not be deemed to be a "story" if unfinished and not used for human occupancy.
STREET (see accompanying diagram)A public thoroughfare which has been accepted for public use; an existing private thoroughfare in use which has not been accepted for public use; or a Planning Board-approved subdivision street. It shall be synonymous with the words "road," "avenue," "highway," and "parkway" and other similar designations. Prior to issuance of a building permit, the Building Inspector shall determine that the street will be passable for automobiles and emergency vehicles during all seasons.
STREET LINEThe outside limit of a street or way, either existing or contemplated, to which the public or abutters have rights, dividing the street and the lots which abut the street.
STRUCTUREA combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelter, pier, wharf, bin, fence, sign or the like.
TENANT RECREATION AREAAn area within the required open space which may include sidewalks, swimming pools, terraced areas, patios, tennis courts, play courts, playground facilities, or similar facilities.
TRUCKING TERMINALA terminal for the temporary or permanent storage, repair or refueling of interstate trucks described as "semitrailers" or "trailer trucks."
UPLAND AREAThat contiguous portion of the lot area that is not part of detention basins, retention basins, land under water (LUW), land subject to flooding (LSF), bordering vegetated wetlands (BVW) or floodplains. The principal structure must be located in the upland area, and the required minimum upland area, as defined herein, must be directly accessible from the principal structure without crossing detention basins, retention basins, LUW, LSF, BVW or floodplains. For the purpose of this chapter, "LUW," "LSP," "BVW," and "floodplains" shall be as defined in the current edition of Massachusetts Code of Regulations 310 CMR
10.00, as amended from time to time.
The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.
A. USE, NONCONFORMINGA use lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto which does not conform to one or more provisions of this chapter.
USE, PRINCIPALThe main or primary purpose for which a structure or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this chapter.
VARIANCEA departure from the terms of this chapter authorized by the Zoning Board of Appeals under MGL c. 40A, §
10.
The provision of the following types of wireless services: telephone, personal communications, Internet and enhanced mobile radio service and paging. Such services, it is anticipated, will require installation of facilities, including, but not limited to, antennas, transmitters/receivers, supporting structures, principal and accessory equipment and, in some instances, towers, masts or other structures.
YARDAn open space unobstructed from the ground up, on the same lot with a principal building and extending along a lot line or front lot line and inward to the principal building. The size of a required "yard" shall be measured as the shortest distance between the outer face of the building and a lot line or front lot line. Structures which are below the finished lot grade shall not be deemed to occupy required "yards."
A. YARD, FRONTA yard extending for the full width of the lot between the front line of the nearest building wall or building part and the front lot line.
YARD, REARA yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
YARD, SIDEA yard, unoccupied except by an accessory structure or use as herein permitted, between a building and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a "side yard."
ZONING ADMINISTRATORThe Zoning Board of Appeals, in accordance with MGL c. 40A, §
13, may appoint, subject to confirmation by the Town Council, a Zoning Administrator. The Zoning Board of Appeals may delegate to said Zoning Administrator some of its powers and duties. Any person aggrieved by a decision or order of the Zoning Administrator may appeal to the Zoning Board of Appeals in accordance with MGL c. 40A, §
14. The Building Inspector may also serve as Zoning Administrator if so appointed.
