A.
The Brewster Zoning Bylaw, adopted in 1960, and all
subsequent amendments thereto, hereinafter called "this chapter,"
is adopted and from time to time amended as authorized by MGL c. 40A,
as amended, herein called the "Zoning Act," and by Article 89 of the
Amendments to the Constitution, the Home Rule Amendment.
B.
In conjunction with the purposes stated in the Zoning
Act, this chapter shall provide protection for inland and coastal
wetlands, as well as existing and potential watersheds, and shall
give direction and effect to the development objectives and recommendations
contained in the Brewster Master Plan of 1970, as may be amended from
time to time.
A.
Words used in the present tense indicate the future;
the singular number includes the plural and the plural the singular;
the words "used" or "occupied" include the words "designed," "arranged,"
"intended" or "offered to be used or occupied"; the words "building,"
"structure," "lot," "land" or "premises" shall be construed as though
followed by the words "or any portion thereof," and the word "shall"
is always mandatory and not merely directory.
[Amended 5-3-1999 ATM, Art. 29; 11-17-2003 FYTM, Art. 16]
B.
ABANDONMENT
ACCESSORY COMMERCIAL DWELLING UNIT (ACDU)
ACCESSORY SINGLE-FAMILY DWELLING UNIT (ADU)
AFFORDABLE HOUSING
(1)
(2)
AFFORDABLE MULTIFAMILY DWELLING UNITS (AMDU)
AGRICULTURAL USE
ALTERATION
AMUSEMENT ARCADE
AMUSEMENTS, OUTDOOR COMMERCIAL
ANIMAL HOSPITAL
ANTIQUE SHOP
ART GALLERY
ASSISTED LIVING FACILITY
AUTOMATED AND DRIVE-THROUGH FINANCIAL ESTABLISHMENTS/STRUCTURES
BAKERY
BARN
BED-AND-BREAKFAST
BUILDABLE UPLANDS
BUILDING, ACCESSORY
BUILDING, ACCESSORY RESIDENTIAL
BUILDING AND CONSTRUCTION TRADES SHOP OR GARAGE
BUILDING, PRINCIPAL
BUILDING UNIT
CAMP, CHILDREN'S RECREATION
CEMETERY
CHURCH OR OTHER RELIGIOUS USE
CLINIC, MEDICAL OR DENTAL
CLUB, COUNTRY, HUNTING, GUN, FISHING, OR GOLF
CLUSTER RESIDENTIAL DEVELOPMENT
COMMERCIAL VEHICLE
COMMUNICATION TOWER
COMMUNITY FACILITY
CONSTRUCTION MATERIALS SALES AND SERVICES
CONVALESCENT HOME
COTTAGE COLONY
CREMATORY
DEICING MATERIALS STORAGE FACILITY
DRIVEWAY
DWELLING, MULTIFAMILY
DWELLING, ONE FAMILY DETACHED
DWELLING, ONE FAMILY SECURITY
DWELLING UNIT
EDUCATIONAL USE
EDUCATIONAL USE - FOR PROFIT
EQUIPMENT GARAGE, MUNICIPAL
ESSENTIAL SERVICES
FAMILY
FARM ANIMAL
FARM STAND
FLOOD LINE
FLOODPLAIN DISTRICT
FLOOR AREA, NET
FREIGHT TRANSPORTATION SERVICES
FRONTAGE
FUNERAL HOME
FUR ANIMAL
GIFT SHOP
GREENHOUSE
HEALTH CARE PROVIDER
HEIGHT
HISTORICAL ASSOCIATION OR SOCIETY
HOME OCCUPATION
HOTEL
INN
JUNK
JUNKYARD
KENNEL
LICENSED SPECIAL EVENT VENUE USE
LOADING SPACE
LODGING HOUSE
LOT
LOT, CORNER
LOT FRONTAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, NONCONFORMING
LOT, THROUGH
MAJOR RESIDENTIAL DEVELOPMENT
(1)
(2)
MANUFACTURING
MEDICAL MARIJUANA DISPENSARY (MMD)
MEMBERSHIP CLUB
MEMBERSHIP ORGANIZATION
MOBILE HOME
MORTUARY ESTABLISHMENT
MOTEL
MOVIE THEATER
MOVIE THEATER, DRIVE-IN
MUSEUM
NURSING HOME
OFFICE, BUSINESS
OFFICE, MEDICAL OR DENTAL
OWNER
PARKING LOT OR STRUCTURE, COMMERCIAL
PERSONAL SERVICE ESTABLISHMENT
PLANNED BUSINESS DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
POULTRY
POWER PLANT
RECORDED
RECREATION FACILITY, NONPROFIT
RECREATION FACILITY, PRIVATE
REPAIR SERVICES
RESTAURANT, FULL-SERVICE
RESTAURANT, LIMITED-SERVICE
(1)
(2)
RETAIL STORE
ROW COMMERCIAL
ROW OR TOWN HOUSE
SEPTAGE
SEPTAGE TRANSFER
SEPTAGE TRANSFER STATION
SEPTIC TANK PUMPING SERVICE
SEWAGE TREATMENT FACILITIES
SHED
SIGN
SOLID WASTE FACILITY, MUNICIPAL
SPECIAL PERMIT
STABLE, COMMERCIAL
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, MINOR
STRUCTURE
SUBSIDIZED ELDERLY HOUSING
THEATER, INDOOR
TOURIST HOME
TRAILER
TRAILER, CONSTRUCTION
USE
USE, ACCESSORY
USE, NONCONFORMING
USE, PRINCIPAL
VENDING MACHINE
WATER FILTRATION PLANT
WHOLESALE TRADE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
VARIANCE
As used in this chapter, the following terms shall
have the meanings indicated:
The visible or otherwise apparent intention of an owner to
discontinue a nonconforming use of a building or premises; or the
removal of the characteristic equipment or furnishing used in the
performance of the nonconforming use, without its replacement by similar
equipment or furnishings; or the replacement of the nonconforming
use or building by a conforming use or building. When a building is
being actively marketed for sale or lease, it is not considered abandoned.[1]
[Amended 5-7-2012 ATM, Art. 23]
A housing unit, complete with its own sleeping, cooking and
sanitary facilities, that is located within a structure containing
a commercial, wholesale or industrial use, or in a separate structure
on the same lot as a commercial, wholesale or industrial use. An ACDU
shall have no more than two bedrooms and shall have a maximum habitable
area of 900 square feet or 40% of the habitable area of the commercial,
wholesale or industrial unit, whichever is less. Unenclosed additions
constructed to serve an ACDU such as an entry, secondary egress or
exterior stairs shall not be included in the maximum habitable area
of the ACDU.
[Added 12-3-2018 FYTM,
Art. 12]
A dwelling unit located on the same lot as the principal
single-family dwelling to which it is accessory. An ADU shall be considered
an accessory use.
A dwelling unit, controlled by a use restriction in accordance with § 179-42.1, the Affordable Housing Bylaw, and occupied by individuals falling into one of the following categories:
[Added 11-5-2007 FYTM, Art. 20]
Immediate family members of the record owner
of the dwelling unit, for example a son, daughter, mother, father,
or grandparent.
Individuals with low or moderate income levels
as provided in the Massachusetts Department of Housing and Community
Development (DHCD) regulations and verified by the Brewster Housing
Authority or other DHCD approved agency.
More than two but no more than four affordable housing units
within a building unit. Each affordable housing unit shall have a
maximum of two bedrooms and a maximum of 900 square feet of area.
[Added 11-5-2007 FYTM, Art. 20]
Uses for commercial agriculture, aquaculture, silviculture,
horticulture, floriculture or viticulture, as those terms are defined
in MGL c. 40A, § 3.
[Added 5-7-2012 ATM, Art. 23]
Any construction, reconstruction or other action resulting
in a change in the structural parts or height, number of stories or
exits, size, use or location of a building or other structure.
A building or part of a building containing four or more
video, pinball, or similar player-operated amusement devices, in any
combination for commercial use to the general public for a fee.
[Added 5-7-2012 ATM, Art. 23]
The provision of rides, games, or entertainment to the general
public for a fee where any portion of the activity takes place outside
of a building, including but not limited to miniature golf, merry-go-round,
inflatable slides, miniature cars, Ferris wheels, midway-type games,
go-carts, carousels, fun houses, bumper cars or boats, water flumes,
batting cages. Devices such as these, open to the public, by which
persons are conveyed or entertained in an unusual manner for diversion,
cannot be located within 500 feet of any residential district.
[Added 5-7-2012 ATM, Art. 23]
A place where animals are given medical or surgical treatment
by or under the supervision of a veterinarian and boarding is short-term
care incidental to hospital use and care.
[Added 11-15-2010 FYTM, Art. 13]
Any premises used for the sale or trading of articles of
which 80 percent or more are over 50 years old or have collectible
value, irrespective of age.
[Added 5-7-2012 ATM, Art. 23]
Floor space devoted to the production, showing or sale of
art, including but not limited to paintings, sculptures, handcrafts,
and photographs. This definition does not include art museums. An
art gallery can also accommodate art classes for no more than 10 students
per class.
[Added 11-7-2011 FYTM, Art. 13]
A combination of housing, supportive services, personalized
assistance, and health care designed to respond to the individual
needs of those who need help with activities of daily living. A facility
with a central or private kitchen, dining, recreational, and other
facilities, with separate bedrooms or living quarters, where the emphasis
of the facility remains residential.
[Added 5-7-2012 ATM, Art. 23]
An establishment or structure whose principal business or
purpose allows for the deposit or withdrawal of money and whose method
of operation includes one or both of the following characteristics:
[Added 11-15-1993 FYTM, Art. 19]
An establishment primarily engaged in the preparation and
wholesale and/or retail sale of baked products for consumption off-site.
Such use may include incidental food service. A bakery where all products
are prepared off-site shall be considered a general retail use.
[Added 11-15-2010 FYTM, Art. 13]
Any building or structure where a farm animal is sheltered
or a portion of a building used for this purpose.
[Added 5-12-1980 ATM, Art. 38]
A residence where an owner/occupant in its home provides
lodging and a morning meal.
[Added 5-7-2012 ATM, Art. 23[3]]
Land in the Town of Brewster which is not a Resource Area
under the Brewster Wetlands Bylaw.[4]
[Amended 5-12-1986 ATM, Art. 33]
A detached building or structure a) which is used for a purpose
which is customarily incidental and subordinate to the use of the
principal building, b) which is located on the same lot, and c) which
is not a shed as defined in this chapter.
[Amended 11-18-2002 FYTM, Art. 19]
A detached residential structure, customarily incidental
to the existing principal residential structure and located on the
same lot with the principal residential structure to which it is accessory.
Such structures include but are not limited to guesthouse, shed, boathouse,
playhouse, shelter for domestic pets, pool houses, private swimming
pools, tennis courts and detached garages. An accessory residential
building may or may not contain bedrooms.
[Added 5-7-2012 ATM, Art. 23]
A single structure or up to four separate structures, the
combined square footage of which shall not exceed 6,000 square feet,
housing up to four building-trade-related businesses, such as construction,
electrical, heating or plumbing contracting, but not including excavation
or septic installer. All business activities shall be confined to
within the structure(s).
[Added 5-7-2007 ATM, Art. 24]
The structure in which the primary use of the lot is conducted,
including porches, patios, decks, utility buildings and any other
attached projections of the structure. The principal structure shall
include a structure, whether portable or fixed, wholly or partly enclosed
within walls, party walls and roof, built, erected and framed of component
structural parts, designed for housing, shelter, enclosure and support
of individuals, animals or property of any kind. For purposes of this
definition, “roof” shall include an awning or similar
covering, whether or not permanent in nature.
[Added 5-7-2007 ATM, Art. 26]
A single building, or a portion of a single building, having
the principal means of ingress and egress, separate and distinct from
other portions of the same building.
An establishment for the provision of indoor or outdoor activities
for children, including sports, arts and crafts, entertainment, recreation,
educational activities, water sports, horseback riding, and associated
food service. If incidental to the camp use, camp facilities or structures
may be used to provide meeting, accommodations, recreation, or social
facilities for a public or private association or group. Can be a
day or overnight camp. Can be for profit or nonprofit. To the extent
this definition is ever applied to include "child care facilities"
as that term is defined in MGL c. 40A, § 3, the exemption
provisions of that statute shall prevail.
[Added 5-7-2012 ATM, Art. 23]
A Town- or privately owned place for the interment of human
remains or cremated remains, including a burial park for earth interments,
a mausoleum for vault or crypt interments, a columbarium for cinerary
interments, or a combination thereof.
[Added 5-7-2012 ATM, Art. 23]
Any structure or use entitled to the religious exemption
set forth in MGL c. 40A, § 3.
[Added 5-7-2012 ATM, Art. 23]
A facility employing more than one doctor or dentist or health
care provider providing treatment on an out-patient basis.
[Added 11-15-2010 FYTM, Art. 13]
Clubs or recreational facilities for which a membership charge
may be made and which are open only to bona fide members and their
guests.
[Added 5-7-2012 ATM, Art. 23]
A division of land into lots for use as residential building
sites where said lots are arranged into one or more groups having
area and yard measurements less than the minimum required in Table
2.
[Amended 8-27-1984 STM, Art. 56]
Any self-propelled or towed vehicle used in commerce to transport
passengers (other than the driver) or cargo.
[Added 5-7-2012 ATM, Art. 23]
A freestanding or guyed vertical structure designed for the
purpose of supporting communication antennas, including but not limited
to microwave transmitting and/or receiving antennas, microwave reflectors,
broadcasting antennas, cellular telephone antennas, pager antennas
and cable television antennas. Structures transmitting only visible
light are excluded from this definition, and this definition shall
not apply to the construction or use of an antenna structure by a
federally licensed amateur radio operator.
[Added 5-5-1997 ATM, Art. 75]
A public or private nonprofit use established primarily for
the benefit and service of the population of the community in which
it is located.
[Added 5-7-2012 ATM, Art. 23]
Establishments or places of business primarily engaged in
retail or wholesale transaction, from the premises, of the materials
used in the construction of buildings or other structures.
[Added 5-7-2012 ATM, Art. 23]
See "nursing home."
[Amended 5-7-2012 ATM, Art. 23]
Any group of two or more rental or condominium cottages on
a parcel of land.
[Amended 5-7-2012 ATM, Art. 23]
A location containing properly installed, certified apparatus
intended for use in the act of cremation.
[Added 5-7-2012 ATM, Art. 23]
A facility for the storage of deicing materials that is specifically
constructed to prohibit the leaching of the stored material.
[Added 5-7-2012 ATM, Art. 23]
Any open space, located on a lot, which is not more than
24 feet in width built for access to a garage, or off-street parking
or loading space.
A building containing three or more dwelling units.
A building containing a single, separate dwelling unit, designed
for use and occupancy by one family, which shall be considered a principal
use and principal structure under this chapter. Also referred to herein
as a "single-family dwelling" or "single-family residence."
[Added 5-7-2012 ATM, Art. 23; amended 11-13-2023 FYTM by Art. 5]
One family dwelling unit for owner occupancy or for occupancy
by personnel hired by the owner for the protection of property and
safe operation of a permitted use.
[Added 5-7-2012 ATM, Art. 23]
One or more living and sleeping rooms providing complete
living facilities for the use of one or more individuals constituting
a single housekeeping unit, with permanent provisions for living,
sleeping, eating, cooking and sanitation.
Any structure or use entitled to the education exemption
set forth in MGL c. 40A § 3.
[Added 5-7-2012 ATM, Art. 23]
Any building or part thereof, operated by a for-profit entity
and designed, constructed or used for education or instruction in
any branch of knowledge. Such use shall not include uses entitled
to the education exemption set forth in MGL c. 40A, § 3.
[Added 5-7-2012 ATM, Art. 23]
A facility housing heavy equipment owned and operated by
the Town of Brewster.
[Added 5-7-2012 ATM, Art. 23]
Services provided by public utility or governmental agencies
through erection, construction, alteration or maintenance of underground
or overhead 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, hydrants and other similar
equipment and accessories in connection therewith. Specifically excluded
from this definition are buildings necessary for the furnishing of
adequate service by such public utility or governmental agencies for
the public health, safety or general welfare.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit.
Includes sheep, goats, swine, bovines, horses, ponies, donkeys
or mules of any age or sex.
[Added 5-12-1980 ATM, Art. 38]
A building or structure used for the wholesale and/or retail
sales of fresh fruits, vegetables, flowers, herbs, or plants. May
also involve the accessory sales of other unprocessed foodstuffs,
home processed food products such as jams, jellies, pickles, sauces,
or baked goods, and homemade handicrafts. The area devoted to the
sales of these accessory items shall not exceed 50% of the total sales
area. No commercially packaged handicrafts or commercially processed
or packaged foodstuffs shall be sold at a farm stand. To the extent
this definition is ever applied to include facilities entitled to
the agricultural exemption set forth in MGL c. 40A, § 3,
the provisions of that statute shall prevail.
[Added 5-7-2012 ATM, Art. 23]
The limits of flooding from a particular body of water caused
by a storm with an intensity to be expected once in five years, based
on past records, as determined and certified by a registered professional
engineer qualified in drainage.
An overlay district which delineates special flood hazard
areas designated on the Town of Brewster Flood Insurance Rate Map
as established by the National Flood Insurance Program.
[Added 5-13-1985 ATM, Art. 63]
The sum of the living areas on all floors within the perimeter
of a building or portion thereof measured from the outside faces of
the exterior walls, or dividing walls as applicable, without deduction
for interior partitions and the like. It does not include unenclosed
decks, porches, entries, or unconditioned storage, cellar, mechanical,
garage, or utility areas, or spaces similar to the foregoing, not
designed, intended or capable of being used for human habitation or
occupancy.
[Amended 11-13-2023 FYTM by Art. 5]
Establishments primarily engaged in undertaking the transportation
of goods for compensation, including commercial distribution services,
freight forwarding services and freight agencies.
[Added 5-7-2012 ATM, Art. 23]
See "lot frontage."
[Added 5-7-2012 ATM, Art. 23]
A 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 used in the preparation of the dead
for burial; (b) the storage of caskets, funeral urns, and other related
funeral supplies; and (c) the storage of funeral vehicles.
[Added 5-7-2012 ATM, Art. 23]
Includes mink, sable, ermine, fox and the like.
[Added 5-12-1980 ATM, Art. 38]
Retail stores where items such as art, jewelry, books and notions are sold. Shops accessory to a home occupation, pursuant to § 179-37, shall not be considered gift shops for the purpose of this bylaw.
[Added 11-15-2010 FYTM, Art. 13]
Retail or wholesale business whose principal activity is
the selling of plants grown on the site and having outside storage,
growing, or display. To the extent this definition is ever applied
to include facilities entitled to the agricultural exemption set forth
in MGL c. 40A, § 3, the provisions of that statute shall
prevail.
[Added 5-7-2012 ATM, Art. 23]
Any person who is licensed or is otherwise registered or
certified to engage in the practice of or otherwise performs duties
associated with any of the following: medicine, dentistry, optometry,
midwifery, osteopathy, podiatry, massage (by a licensed massage therapist),
chiropractic, physiotherapy, dental hygiene, psychiatry, or psychology.
[Added 11-15-2010 FYTM, Art. 13]
The vertical distance from the mean level of the adjacent
natural ground to the top of the structure, measured at the highest
roof beams of a flat roof or the highest gable or slope of a hip roof.
[Amended 5-14-1990 STM, Art. 5; 5-2-2005 ATM, Art. 29]
A not-for-profit organization dedicated to the research of
and collection of information on a specific historical subject of
interest. May include a display area for public viewing.
[Added 5-7-2012 ATM, Art. 23]
An accessory use to be carried on entirely within a principal
building, and/or accessory building(s), by the residents of the principal
building with no more than two nonresident employees, and not in any
manner changing the primary residential character of the property.
[Amended 5-4-2009 ATM, Art. 29]
A building or complex of buildings providing transient lodging
in 12 or more rooms, food and other related services within which
access to the individual units is provided by common interior corridors.
The individual units do not have cooking facilities.
[Added 5-7-2012 ATM, Art. 23]
See "lodging house."
[Added 5-7-2012 ATM, Art. 23]
Scrap or waste material of any kind or nature collected or
accumulated for resale, disposal or storage.
[Added 5-7-2012 ATM, Art. 23]
Any privately owned space more than 200 square feet in area
outside of a building, used for storage, keeping, processing, salvaging
or abandonment of junk.
[Added 5-7-2012 ATM, Art. 23]
An establishment where dogs, cats or other small household
pets are boarded for compensation.
[Added 11-15-2010 FYTM, Art. 13]
A property, not specifically designed or permitted to be
used for infrequent events occurring within a twenty-four-hour period
such as, but not limited to, art or theatrical exhibitions, concerts,
dinners, parties, and weddings, to be attended by the public, including
properties not expressly permitted to be rented for such occasions.
Applications for five or fewer events per year must receive a license
from the Select Board. Applications for greater than five events per
year must receive a Special Permit from the Board of Appeals; provided,
however, that such venue has first received a license from the Select
Board for such event. Special Permits for Special Event Venue Uses
shall be renewed annually.
[Added 5-6-2013 ATM, Art. 23; amended 11-13-2017 FYTM, Art. 13; 12-3-2018 FYTM, Art. 11]
An off-street space used for loading or unloading not less
than 12 feet in width, 30 feet in length and 14 feet in height and
containing not less than 360 square feet, including both access and
maneuvering area.
A structure originally designed for single-family use which
may be converted to provide rooms (not more than 12) for the use of
one or more individuals not living as a single housekeeping unit and
may provide a common dining facility. It shall include boardinghouse,
tourist homes and rooming houses but does not include motels or hotels.
An area or parcel of land or any part thereof, not including
water area, in common ownership, designated on a plan filed with the
administrator of this chapter by its owner or owners as a parcel to
be used, developed or built upon as a unit under single ownership
or control. Any subsequent subdivision of a "lot" into two or more
"lots" shall be subject to and conform to all the regulations of the
district. Therefore, for purposes of this chapter, a "lot" may or
may not have boundaries identical with those recorded in the Barnstable
County Registry of Deeds.
A lot at the point of intersection of and abutting on two
or more intersecting streets, the interior angle of intersection of
the street lot lines or, in the case of a curved street, extended
lot lines being not more than 135°.[5]
That part of a lot line abutting a street or way, or continually
or contiguously abutting more than one street or way, for the distance
required in Table 2, Area Regulations.
[Amended 5-7-2012 ATM, Art. 23]
The property line dividing a lot from a street right-of-way.
On a corner lot, the owner shall designate one street line as the
"front lot line."
The lot line opposite from the front lot line.
Any lot line not a front or rear lot line.
A lot lawfully existing at the effective date of this chapter
or any subsequent amendment thereto, which is not in accordance with
all provisions of this chapter.
An interior lot, the front and rear lot lines of which abut
streets, or a corner lot two opposite lines of which abut streets.
Either of the following:
[Added 5-14-1990 STM, Art. 10]
Land division, whether a subdivision or not,
so as to increase the number of buildable lots, unless restricted
from residential use, to more than six within any twelve-month period.
Issuance of building permits for construction
of more than eight dwelling units within any twelve-month period.[6]
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts, the creation of products, and the blending of materials.
[Added 5-7-2012 ATM, Art. 23]
A non-profit facility or location that has been registered
by the Massachusetts Department of Public Health, where medical marijuana
is grown, processed, and/or made available to a qualifying patient
or a personal caregiver as determined by 105 CMR 725.000.
[Added 5-5-2014 ATM, Art. 22]
A social, sports or fraternal association or organization
which is used exclusively by members and their guests, which may contain
bar facilities.
An association or organization, including social or sports,
which is used exclusively by members and their guests, which may contain
bar facilities.
[Added 5-7-2012 ATM, Art. 23]
A dwelling unit built on a chassis and containing electrical,
plumbing and sanitary facilities and designed to be installed on a
temporary or permanent foundation for permanent living quarters.
See "funeral home."
[Added 5-7-2012 ATM, Art. 23]
A building or complex of buildings providing transient lodging
accommodations with separate outside entrances for each unit. The
individual units may or may not have cooking facilities.
[Added 5-7-2012 ATM, Art. 23]
See "theater, indoor."
[Added 5-7-2012 ATM, Art. 23]
An open-air theater where the performance is viewed by all
or part of the audience from motor vehicles.
[Added 5-7-2012 ATM, Art. 23]
An institution, open to the public, which acquires, conserves,
researches, communicates or exhibits objects of lasting interest or
value for the purposes of education, study or enjoyment.
[Added 5-7-2012 ATM, Art. 23; amended 5-5-2014 ATM, Art. 34]
A home for the aged, chronically ill, persons requiring care
or incurable persons in which three or more persons, not of the immediate
family, are received, kept or provided with food and shelter or care
for compensation; including a sanitarium or sanatorium, but not including
hospitals, clinics or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
[Added 5-7-2012 ATM, Art. 23]
Administrative, executive, professional, or similar organizations,
provided that no merchandise or merchandising services are sold on
the premises, except such as are incidental or accessory to the principal
permitted use.
[Added 5-7-2012 ATM, Art. 23]
A facility employing no more than one doctor or dentist providing treatment on an out-patient basis. Offices of health care providers are also included under this definition. A medical or dental office can be considered a home occupation if it meets the requirements of § 179-37 of this bylaw.
[Added 11-15-2010 FYTM, Art. 13]
The duly authorized agent, attorney, purchaser, devisee,
trustee, lessor or any person having vested or equitable interest
in the use, structure or lot in question.
A lot or a group of lots or a structure, whose purpose is to provide vehicular parking for six or more vehicles for a fee. This definition does not include federal, state or municipal parking lots. The area(s) on a lot whose principal use is not as a parking lot but as a facility for which parking must be provided under the requirements of § 179-22 of the Code of the Town of Brewster shall not be considered a parking facility.
An establishment providing nonmedical services, including
beauty and barber shops; dry cleaning pick-up stores; shoe repair
shops; tanning salons. These uses may also include accessory retail
sales of products related to the services provided.
[Added 11-15-2010 FYTM, Art. 13]
The development of a tract of land in single or consolidated
ownership for commercial purposes where the uses shall be contained
in more than one building and the development shall be served with
common parking areas.
[Amended 5-8-1989 ATM, Art. 44]
A mixed use development on a plot of land in single or consolidated ownership, in which a mixture of residential, open space, commercial, recreational and other uses and a variety of building types may be permitted subject to the provisions of § 179-36.
[Amended 5-14-1984 ATM, Art. 99]
Includes domestic fowl, such as chickens, turkeys, ducks
and geese.
[Added 5-12-1980 ATM, Art. 38]
Any plant facilities and equipment exclusive of wind energy turbines (Brewster Town Code, Chapter 179, Zoning, Article IX, Special Regulations, § 179-40.2) and large-scale ground mounted solar photovoltaic installations (Brewster Town Code, Chapter 179, Zoning Article XIV, Solar Installations) for the purposes of producing, generating, transmitting, delivering or furnishing electricity for the production of power. To the extent this definition is ever applied to include uses or facilities entitled to the public utilities exemption set forth in MGL c. 40A, § 3, the provisions of that statute shall prevail.
[Added 5-7-2012 ATM, Art. 23]
Recorded in the Barnstable County Registry of Deeds or registered
in the Barnstable County Registry of Land Court.[8]
Recreation facilities operated by public or nonprofit entities.
[Added 5-7-2012 ATM, Art. 23]
Clubs or recreation facilities for which a membership charge
is made and which are open only to members and their guests. A private
recreational facility may not be open or available to the general
public.
[Added 5-7-2012 ATM, Art. 23]
Establishments primarily engaged in the provision of repair
services to individuals, households, and businesses, but excluding
automotive repair.
[Added 5-7-2012 ATM, Art. 23]
An establishment in which food is prepared and served and
customers’ orders are taken and served at dining tables and
where customers pay after eating. A restaurant that otherwise satisfies
the above noted definition may contain one takeout station. None of
this type of establishment shall provide drive-through windows or
in-car service or service areas.
[Added 11-13-2006 FYTM, Art. 24]
A limited-service restaurant is an establishment primarily
engaged in providing food services where patrons generally order or
select items and pay before eating. Examples of such establishments
include:
[Added 11-13-2006 FYTM, Art. 24]
Take-out restaurants a) at which orders are
taken and food is prepared, b) at which food is sold to customers
to be eaten elsewhere off the premises, and c) does not have an in-car,
drive-through service or service area. None of this type of establishment
shall provide drive-through windows or in-car service or service areas.
Fast-food restaurants a) at which orders are
taken and food is prepared, b) at which food is sold to customers
to be eaten on premises or elsewhere off the premises, and c) does
not have an in-car, drive-through service or service area; pizza delivery
services, non-alcoholic beverage bars, ice cream parlors, sandwich
shops, carry-out cookie shops and bagel shops with on-premises baking
are all examples of this category. None of this type of establishment
shall provide drive-through windows or in-car service or service areas.
A business usually selling one or a combination of two or
more of the following: dry goods, apparel and accessories, furniture
and home furnishings, small wares, hardware, food for home preparation,
pharmaceuticals and medical supplies.
[Added 5-7-2012 ATM, Art. 23]
A structure or structures containing more than one commercial
unit, each unit divided from others by fire walls, separation walls
or other walls, or by being in a separate building so as to be separate
and distinct from each other unit. Each unit contained shall be a
permitted use and may be separately owned.
[Amended 10-17-1988 STM, Art. 24; 5-8-1989 ATM, Art. 45; 11-13-2006 FYTM, Art.
32]
A single dwelling unit which is not above or below another
dwelling unit and whose side walls are separated from other dwelling
units by a fire wall or walls. Each unit in the row may be owned by
a separate owner.
The solid and liquid waste material removed from septic tanks,
cesspools and sewage holding tanks.
[Added 11-15-1999 FYTM, Art. 22]
The process of transferring septage from one wheeled vehicle
to another wheeled vehicle for transport to another location or transferring
septage from a wheeled vehicle to a holding tank or transferring septage
from a holding tank to a wheeled vehicle for further transport.
[Added 11-15-1999 FYTM, Art. 22]
An indoor or outdoor facility, of any nature or design whatsoever,
designed to perform or be the site of septic transfer.
[Added 11-15-1999 FYTM, Art. 22]
A business that removes septage by using wheeled vehicles
with pumping or vacuum systems and transports the septage in the same
vehicle to a facility which will accept septage for treatment or processing
with no intervening transfer to another wheeled vehicle.
[Added 11-15-1999 FYTM, Art. 22; amended 5-7-2012 ATM, Art. 23]
A facility designed for the collection, removal, treatment,
and disposal of waterborne sewage generated within a specific area.
[Added 5-7-2012 ATM, Art. 23]
A single-story detached building or structure which has a
footprint that does not exceed 120 square feet, which is used for
a purpose which is customarily incidental and subordinate to the use
of the principal building, and which is located on the same lot.
A shed may be located as close as 10 feet from any side or rear property
line, but shall conform to the front property line setback, as required
by the Town of Brewster Zoning Bylaw.
[Added 11-18-2002 FYTM, Art. 19; amended 5-7-2012 ATM, Art. 23]
A town-owned parcel(s) for the collection and transfer of
municipal solid waste, including but not limited to construction and
demolition debris, brush, leaves, composting and recycled materials.
To the extent this definition is ever applied in a manner inconsistent
with the provisions of MGL c. 111, §§ 150A and 150A1/2,
and the regulations promulgated thereunder, the provisions of that
statute and those regulations shall prevail.
[Added 5-7-2012 ATM, Art. 23]
A permit issued by the special permit granting authority
to allow an optional use. A "special permit" can only be issued in
cases where the Zoning Bylaw specifically allows one to be issued.
[Added 5-11-1987 ATM, Art. 84]
A structure or land use in or on which equines are kept for
sale or hire to the public. Breeding, boarding, or training of equines
may also be conducted. To the extent this definition is ever applied
to include facilities entitled to the agricultural exemption set forth
in MGL c. 40A, § 3, the provisions of that statute shall
prevail.
[Added 5-3-1999 ATM, Art. 30; amended 5-7-2012 ATM, Art. 23]
A way which is dedicated or devoted to public use by legal
mapping or by any other lawful procedure. A "street" includes all
public ways, a way which the Town Clerk certifies is maintained and
used as a public way, a way shown on a plan approved and endorsed
in accordance with the rules and regulations governing subdivision
of land in Brewster, Massachusetts, and a way having in the opinion
of the Brewster Planning Board sufficient width, suitable grades and
adequate construction to provide for the needs of vehicular traffic
in relation to the proposed uses of the land abutting thereon or served
thereby, and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon.
[Amended 5-7-2012 ATM, Art. 23]
Highways which connect state or larger population centers
and form part of the state or federal highway system.
Streets which receive traffic from arterial streets and distribute
it to subareas or smaller population centers in the region.
Streets which primarily serve to provide access to individual
land parcels.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall over four feet in height, tent, reviewing stand, platform, bin,
fences over six feet high, sign, flagpole, recreational tramway, mast
for radio antenna, or the like. The word "structure" shall be construed,
where the context requires, as though followed by the words, "or part
or parts thereof," consistent with the Massachusetts State Building
Code.
[Amended 5-2-2005 ATM, Art. 27; 5-7-2012 ATM, Art. 23]
Housing in which 75% or more of the dwelling units are subsidized
by the federal or state government under any program to assist the
construction of low- or moderate-income housing as defined in the
applicable federal or state statute, whether built or operated by
any public agency or any nonprofit or limited dividend organization,
with occupancy reserved to persons 62 years of age or older.
[Added 12-10-1979 STM, Art. 37]
A structure containing as its primary use audience seating,
one or more movie screens, or performance spaces, and a lobby. May
or may not have a refreshment stand.
[Added 5-7-2012 ATM, Art. 23]
See "lodging house."
[Added 11-15-2010 FYTM, Art. 13]
Any vehicle or similar structure which is, has been or may
be portable and is arranged, intended, designed or used for dwelling,
sleeping, eating or business or is a place in which persons may congregate.
It includes a mobile home.
A vehicle or similar structure to be used for storage of
construction material only during construction of a job on the same
lot, three months on a private dwelling.
[Added 5-7-2012 ATM, Art. 23]
The purpose for which a structure or lot is arranged, designed
or intended to be used, occupied or maintained.
A use incidental and subordinate to the principal use of
a structure or lot or a use, not the principal use, which is located
on the same lot as the principal structure or use. Any use that is
not allowed in the underlying district shall not be classified as
an accessory use nor permitted as an accessory use.
[Amended 11-17-2003 FYTM, Art. 17]
A 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.
The 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. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental
or supplementary to the "principal use" and permitted under this chapter
shall be considered an "accessory use."
Any unattended self-service device that, upon insertion of
a bill, coin, coins, credit/debit cards or token, or by similar means,
dispenses anything of value including food, beverage, goods, wares,
merchandise, or services.
[Added 5-7-2012 ATM, Art. 23]
A facility for the treatment of potable water for use in
a municipal water system.
[Added 5-7-2012 ATM, Art. 23]
An establishment or place of business exclusive of farm stands
or greenhouses engaged in selling and/or distributing merchandise
to retailers, industrial, commercial, institutional or professional
business users, or to other wholesalers.
[Added 5-7-2012 ATM, Art. 23]
A portion of a lot, upon which the principal building is
situated, unobstructed artificially from the ground to the sky, except
as otherwise provided herein.
[Amended 11-15-2004 FYTM, Art. 19]
A space extending the full width of the lot between the front
line of the nearest building wall or structure and the front lot line.
[Amended 5-2-2005 ATM, Art. 28]
A space, 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 or structure and the rear lot line.
[Amended 5-2-2005 ATM, Art. 28]
An unoccupied space extending for the full length of a building
between the nearest building wall or structure and the side lot line.
[Amended 5-2-2005 ATM, Art. 28]
Such departure from the terms of this chapter as the Appeals Board, upon appeal in specific cases, is empowered to authorize under the terms of § 179-52 herein.
[1]
Editor’s Note: The former definition
of "affordable accessory apartment," added 11-18-2002 FYTM, Art. 15,
which immediately followed this definition, was repealed 11-5-2007
FYTM, Art. 20.
[2]
Editor's Note: This article also repealed the former definitions
of "affordable accessory commercial dwelling unit (AACDU)" and "affordable
accessory single-family dwelling unit (AASDU)," added 11-5-2007 FYTM,
Art. 20, which immediately followed this definition.
[3]
Editor's Note: This article also repealed the former definition
of "board," which immediately followed.
[4]
Editor's Note: See Ch. 172, Wetlands Protection. The former definition of "building," which immediately followed this definition, was repealed 5-7-2007 ATM, Art. 26.
[5]
Editor's Note: The former definition of "lot depth," which
immediately followed, was repealed 5-7-2012 ATM, Art. 23.
[6]
Editor’s Note: The definition of “medical center
or clinic,” which immediately followed this definition, was
repealed 11-15-2010 FYTM by Art. 13.
[7]
Editor's Note: This article also repealed the former definition
of "parking space:” which immediately followed, as amended.
[8]
Editor’s Note: The former definition
of “restaurant,” added 5-1-2000 ATM, Art. 21, which immediately
followed this definition, was repealed 11-13-2006 FYTM, Art. 24.
[9]
Editor's Note: The former definitions of "sign,
business," "sign, identification" and "sign, surface area of," which
immediately followed this definition were repealed 5-14-1990 STM,
Art. 46.
