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. 
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
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]
ACCESSORY COMMERCIAL DWELLING UNIT (ACDU)
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]
ACCESSORY SINGLE-FAMILY DWELLING UNIT (ADU)
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.
[Added 12-3-2018 FYTM, Art. 12;[2] amended 11-13-2023 FYTM by Art. 5]
AFFORDABLE HOUSING
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]
(1) 
Immediate family members of the record owner of the dwelling unit, for example a son, daughter, mother, father, or grandparent.
(2) 
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.
AFFORDABLE MULTIFAMILY DWELLING UNITS (AMDU)
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]
AGRICULTURAL USE
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]
ALTERATION
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.
AMUSEMENT ARCADE
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]
AMUSEMENTS, OUTDOOR COMMERCIAL
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]
ANIMAL HOSPITAL
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]
ANTIQUE SHOP
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]
ART GALLERY
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]
ASSISTED LIVING FACILITY
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]
AUTOMATED AND DRIVE-THROUGH FINANCIAL ESTABLISHMENTS/STRUCTURES
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]
(1) 
Customers are able to carry out transactions while remaining within a motor vehicle.
(2) 
Customers can carry out transactions by using automated teller machines, either contained within a freestanding structure or within and/or integral to a principal use.
BAKERY
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]
BARN
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]
BED-AND-BREAKFAST
A residence where an owner/occupant in its home provides lodging and a morning meal.
[Added 5-7-2012 ATM, Art. 23[3]]
BUILDABLE UPLANDS
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]
BUILDING, ACCESSORY
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]
BUILDING, ACCESSORY RESIDENTIAL
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]
BUILDING AND CONSTRUCTION TRADES SHOP OR GARAGE
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]
BUILDING, PRINCIPAL
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]
BUILDING UNIT
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.
CAMP, CHILDREN'S RECREATION
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]
CEMETERY
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]
CHURCH OR OTHER RELIGIOUS USE
Any structure or use entitled to the religious exemption set forth in MGL c. 40A, § 3.
[Added 5-7-2012 ATM, Art. 23]
CLINIC, MEDICAL OR DENTAL
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]
CLUB, COUNTRY, HUNTING, GUN, FISHING, OR GOLF
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]
CLUSTER RESIDENTIAL DEVELOPMENT
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]
COMMERCIAL VEHICLE
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]
COMMUNICATION TOWER
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]
COMMUNITY FACILITY
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]
CONSTRUCTION MATERIALS SALES AND SERVICES
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]
CONVALESCENT HOME
See "nursing home."
[Amended 5-7-2012 ATM, Art. 23]
COTTAGE COLONY
Any group of two or more rental or condominium cottages on a parcel of land.
[Amended 5-7-2012 ATM, Art. 23]
CREMATORY
A location containing properly installed, certified apparatus intended for use in the act of cremation.
[Added 5-7-2012 ATM, Art. 23]
DEICING MATERIALS STORAGE FACILITY
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]
DRIVEWAY
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.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units.
DWELLING, ONE FAMILY DETACHED
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]
DWELLING, ONE FAMILY SECURITY
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]
DWELLING UNIT
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.
EDUCATIONAL USE
Any structure or use entitled to the education exemption set forth in MGL c. 40A § 3.
[Added 5-7-2012 ATM, Art. 23]
EDUCATIONAL USE - FOR PROFIT
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]
EQUIPMENT GARAGE, MUNICIPAL
A facility housing heavy equipment owned and operated by the Town of Brewster.
[Added 5-7-2012 ATM, Art. 23]
ESSENTIAL SERVICES
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.
FAMILY
One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
FARM ANIMAL
Includes sheep, goats, swine, bovines, horses, ponies, donkeys or mules of any age or sex.
[Added 5-12-1980 ATM, Art. 38]
FARM STAND
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]
FLOOD LINE
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.
FLOODPLAIN DISTRICT
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]
FLOOR AREA, NET
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]
FREIGHT TRANSPORTATION SERVICES
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]
FRONTAGE
See "lot frontage."
[Added 5-7-2012 ATM, Art. 23]
FUNERAL HOME
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]
FUR ANIMAL
Includes mink, sable, ermine, fox and the like.
[Added 5-12-1980 ATM, Art. 38]
GIFT SHOP
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]
GREENHOUSE
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]
HEALTH CARE PROVIDER
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]
HEIGHT
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]
HISTORICAL ASSOCIATION OR SOCIETY
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]
HOME OCCUPATION
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]
HOTEL
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]
INN
See "lodging house."
[Added 5-7-2012 ATM, Art. 23]
JUNK
Scrap or waste material of any kind or nature collected or accumulated for resale, disposal or storage.
[Added 5-7-2012 ATM, Art. 23]
JUNKYARD
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]
KENNEL
An establishment where dogs, cats or other small household pets are boarded for compensation.
[Added 11-15-2010 FYTM, Art. 13]
LICENSED SPECIAL EVENT VENUE USE
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]
LOADING SPACE
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.
LODGING HOUSE
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.
LOT
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.
LOT, CORNER
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]
LOT FRONTAGE
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]
LOT LINE, FRONT
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."
LOT LINE, REAR
The lot line opposite from the front lot line.
LOT LINE, SIDE
Any lot line not a front or rear lot line.
LOT, NONCONFORMING
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.
LOT, THROUGH
An interior lot, the front and rear lot lines of which abut streets, or a corner lot two opposite lines of which abut streets.
MAJOR RESIDENTIAL DEVELOPMENT
Either of the following:
[Added 5-14-1990 STM, Art. 10]
(1) 
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.
(2) 
Issuance of building permits for construction of more than eight dwelling units within any twelve-month period.[6]
MANUFACTURING
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]
MEDICAL MARIJUANA DISPENSARY (MMD)
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]
MEMBERSHIP CLUB
A social, sports or fraternal association or organization which is used exclusively by members and their guests, which may contain bar facilities.
MEMBERSHIP ORGANIZATION
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]
MOBILE HOME
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.
MORTUARY ESTABLISHMENT
See "funeral home."
[Added 5-7-2012 ATM, Art. 23]
MOTEL
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]
MOVIE THEATER
See "theater, indoor."
[Added 5-7-2012 ATM, Art. 23]
MOVIE THEATER, DRIVE-IN
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]
MUSEUM
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]
NURSING HOME
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]
OFFICE, BUSINESS
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]
OFFICE, MEDICAL OR DENTAL
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]
OWNER
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.
PARKING LOT OR STRUCTURE, COMMERCIAL
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.
[Added 11-15-2004 FYTM, Art. 16; amended 5-7-2012 ATM, Art. 23[7]]
PERSONAL SERVICE ESTABLISHMENT
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]
PLANNED BUSINESS DEVELOPMENT
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]
PLANNED RESIDENTIAL DEVELOPMENT
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]
POULTRY
Includes domestic fowl, such as chickens, turkeys, ducks and geese.
[Added 5-12-1980 ATM, Art. 38]
POWER PLANT
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
Recorded in the Barnstable County Registry of Deeds or registered in the Barnstable County Registry of Land Court.[8]
RECREATION FACILITY, NONPROFIT
Recreation facilities operated by public or nonprofit entities.
[Added 5-7-2012 ATM, Art. 23]
RECREATION FACILITY, PRIVATE
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]
REPAIR SERVICES
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]
RESTAURANT, FULL-SERVICE
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]
RESTAURANT, LIMITED-SERVICE
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]
(1) 
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.
(2) 
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.
RETAIL STORE
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]
ROW COMMERCIAL
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]
ROW OR TOWN HOUSE
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.
SEPTAGE
The solid and liquid waste material removed from septic tanks, cesspools and sewage holding tanks.
[Added 11-15-1999 FYTM, Art. 22]
SEPTAGE TRANSFER
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]
SEPTAGE TRANSFER STATION
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]
SEPTIC TANK PUMPING SERVICE
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]
SEWAGE TREATMENT FACILITIES
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]
SHED
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]
SIGN
See Article VI, Signs, § 179-19, Definitions.[9]
[Amended 5-14-1990 ATM, Art. 46]
SOLID WASTE FACILITY, MUNICIPAL
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]
SPECIAL PERMIT
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]
STABLE, COMMERCIAL
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]
STREET
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]
STREET, ARTERIAL
Highways which connect state or larger population centers and form part of the state or federal highway system.
STREET, COLLECTOR
Streets which receive traffic from arterial streets and distribute it to subareas or smaller population centers in the region.
STREET, MINOR
Streets which primarily serve to provide access to individual land parcels.
STRUCTURE
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]
SUBSIDIZED ELDERLY HOUSING
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]
THEATER, INDOOR
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]
TOURIST HOME
See "lodging house."
[Added 11-15-2010 FYTM, Art. 13]
TRAILER
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.
TRAILER, CONSTRUCTION
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]
USE
The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.
USE, ACCESSORY
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]
USE, NONCONFORMING
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.
USE, PRINCIPAL
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."
VENDING MACHINE
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]
WATER FILTRATION PLANT
A facility for the treatment of potable water for use in a municipal water system.
[Added 5-7-2012 ATM, Art. 23]
WHOLESALE TRADE
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]
YARD
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]
YARD, FRONT
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]
YARD, REAR
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]
YARD, SIDE
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]
VARIANCE
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.