ABANDONMENT : The cessation of use of a non-conforming use or structure for a period of two (2) years or more, or with the apparent intent to initiate a conforming use(s) and/or structure(s). Intent shall include, but not be limited to, applications for permits and advertising to rent or lease for conforming purposes. (Amended by 10/18/93 Special Town Meeting; approved by Attorney General 2/3/94)
ACCESS : The actual or potential provision of vehicular entry onto a lot by means of its frontage on a street to a degree consistent with the use or potential use of the lot. Nothing in this definition shall be construed to require actual access over the street or through the frontage if, in the opinion of the Planning Board, alternate means of access will better fulfill the purposes of this bylaw. (Added by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
ACCESSORY APARTMENT : A separate dwelling unit within a single-family dwelling that is a subordinate part of the single-family dwelling and complies with the requirements of IX.J. of this zoning bylaw. (Added by 4/5/99 Special Town Meeting; approved by Attorney General 8/2/99) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
ACCESSORY STRUCTURE : A structure which houses or is used for something other than an allowed principal use. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
ACCESSORY USE : As applied to buildings and structures, a use which is customarily incidental to and subordinate to a legally existing principal use on the same lot. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
ADULT ENTERTAINMENT ESTABLISHMENT : Any establishment which is customarily not open to the public generally but only to one or more classes of the public excluding any minor by reason of age. This definition does not include establishments which exclude minors solely because of the sale of alcoholic beverages on the premises, but it does include Adult Bookstores, Adult Motion Picture Theatres, Adult Paraphernalia Stores, Adult Video Stores, and Establishments Which Display Live Nudity For Its Patrons, as they are defined in Section 9A of MGL Ch. 40A. (Added by 10/21/96 Special Town Meeting; approved by Attorney General 12/9/96)
APARTMENT : A dwelling unit in a multi-family dwelling.
ASSISTED LIVING FACILITY : Any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria: (1) provides room and board; and (2) provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider and who are not chronically ill; and (3) collects payment or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same, all as defined by Massachusetts General Laws Chapter 19D, Section 1. Such entities include, but are not necessarily limited to, Congregate Elderly Housing, Independent Elderly Housing, and Life Care Facilities. (Added by 10/21/96 Special Town Meeting; approved by Attorney General 12/9/96)
BED AND BREAKFAST ESTABLISHMENT : A private residence or building with no more than twelve guestrooms which includes a breakfast in the room rate, and which serves breakfast to overnight guests only. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
BED AND BREAKFAST HOME : A private, owner-occupied building with no more than three guestrooms which includes a breakfast in the room rate, and which serves breakfast to overnight guests only. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
BODY ART : The practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
BODY ART ESTABLISHMENT : A location, place, or business that has been granted a permit by the Board of Health, where the practices of body art are performed, whether or not for profit. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
BUILDING : A combination of any materials, whether portable or fixed, having a roof, the purpose of which is the shelter of persons, animals, property, or processes. For the purpose of this definition, "roof" shall include an awning or any similar covering whether or not permanent in nature. The word "building" shall be construed where the context allows as though followed by the words "or parts thereof".
BUILDING AREA : The area of the footprint of all buildings on a lot, comprised of the sum of all horizontal projections as measured on a horizontal plane, excluding cornices, eaves, gutters, chimneys, open steps and bay/bow windows (not walk-out bays or floor cantilevers). (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
BUILDING HEIGHT : The vertical distance measured from the average existing grade to the highest point of a structure or the highest point of a building roof, excluding broadcasting and television antennae, bulkheads, cooling towers, ventilators, solar energy collection apparatus and other appurtenances usually carried above the roof if not for human occupancy. If a building is being constructed on a lot upon which a building previously stood, the average existing grade shall be measured at the location of the previous building. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/18/99 Special Town Meeting; approved by Attorney General 1/5/00) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
BUILDING-MOUNTED WIRELESS COMMUNICATIONS FACILITY : Any out-of-doors Wireless Communications Facility mounted on, erected on, or supported in whole or in part by an existing building or structure (including without limitation, buildings, water towers, smoke stacks) occupied and/or used primarily for other purposes. (Added by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)
CAMPGROUND : Premises used for travel trailers, campers, tenting, or for temporary overnight facilities of any kind where a fee is charged. Lengths of stay shall not exceed thirty (30) days. (Added by 10/23/95 Special Town Meeting; approved by Attorney General 1/29/96)
COMMON DRIVEWAY : A driveway providing access to more than one, but no more than two, residential lots upon which only single-family or two-family residences may be located, except as otherwise provided in Section IX.A.6.of this Bylaw. Common driveways may not be used to satisfy zoning frontage requirements. (Added by 4/7/97 Annual Town Meeting; approved by Attorney General 7/2/97) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
COMMON WALL CONNECTOR : An interior wall that is shared by and separates the two dwelling units of a two-family dwelling and meets all of the following requirements: (Added by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
(a) The shared length of the common wall is no less than 50% of the longest dimension of the rectangle in which the footprint of the larger unit exists.
(b) It exists at the ground story level and is at least one (1) story in height.
(c) It separates enclosed interior space(s) in each of the dwelling units.
(d) It is designed to give the appearance that it connects the two dwelling units to each other.
COMMUNITY FACILITIES : Land and buildings owned, maintained and operated by a governmental or other chartered nonprofit organization, or public service corporation.
COOKING FACILITIES : Any facilities, including without limitation a hot plate or portable oven, which permit the occupant of a building to prepare or serve hot meals in the building on a regular basis. (Added by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
DORMITORY : A building owned or controlled directly or indirectly by a school, college, religious or like institution providing sleeping quarters for five (5) or more unrelated persons. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
DWELLING UNIT : A single unit providing complete, independent living facilities for one (1) or more persons including permanent provision for living, sleeping, eating, cooking, and sanitation.
DWELLING, MULTI-FAMILY : A building designed as, and/or containing three (3) or more dwelling units, or a building containing one or more permitted non-residential uses on the ground floor, or on the ground and other floors, and also containing: (a) one or more dwelling units above the ground floor; or (b) no more than one dwelling unit on the ground floor. (Amended by 4/5/99 Special Town Meeting; approved by Attorney General 8/2 /99)
DWELLING, SINGLE-FAMILY ATTACHED : A building designed as, and/or containing two or more independent dwelling units separated by one or more common walls but with no common spaces within the building and no portion of any unit above or below any portion of another unit. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
DWELLING, SINGLE-FAMILY DETACHED : A building which is designed or occupied as a residence for one family containing one dwelling unit that is substantially separated by open space from any other structure or structures except accessory buildings.
DWELLING, TWO-FAMILY : A building or structure that contains two (2) dwelling units and either a common floor-ceiling assembly between the upper and lower level dwelling units or a common wall connector as defined in this Section. (Amended by 10/17/92 Special Town Meeting ; approved by Attorney General 1/11/93) (Amended by 10/21/02 Special Town Meeting; approved by Attorney General 2/03/03) (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
ESSENTIAL COMMUNITY SERVICES : Services and appurtenant equipment and installations provided by public utility or governmental agencies through underground or overhead gas, electrical, telephone, sewerage, drainage, refuse, water, traffic, fire and police systems. Specifically excluded from this definition are buildings, utility wireless communication antennae, transmission apparatus or overhead transmission towers. (Amended by 10/23/95 Special Town Meeting; approved by Attorney General 1/29/96)
FLOOD INSURANCE RATE MAP (FIRM) : An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
FLOOD INSURANCE STUDY : An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
FLOODWAY : The channel of a river 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. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
FLOOR AREA : The aggregate gross area of all floors within a principal building excluding cellars, basements, garages, areas under awnings or covered entry landings/decks, and attics not designed or used for human occupancy and excluding any area in accessory buildings. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
FLORICULTURE : The cultivation of ornamental flowering plants. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
FORMULA FAST FOOD ESTABLISHMENT : A restaurant establishment, required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade, or uniforms, which sells primarily on-premise prepared, ready-to-consume food or drink primarily through a combination of in-car, window, drive-through, or over-the-counter service. (Added 10/18/99 STM; AG 01/05/00)
FREESTANDING, EXTERIOR WIRELESS COMMUNICATIONS FACILITY : Any out-of-doors Wireless Communications Facility on which other wireless communications will be mounted. Including, but not limited to, any freestanding monopole, or any other similar freestanding structure. (Added by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)
GROUNDWATER : All water found beneath the ground surface. The slowly moving sub-surface water present in aquifers and recharge areas.
GUEST HOUSE, PRIVATE : An accessory residential building which does not have cooking facilities or kitchen cabinets, is not let for compensation, and which is clearly accessory to the principal dwelling unit. (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
HAZARDOUS AND TOXIC MATERIALS : Hazardous wastes and hazardous materials are defined as all of the substances included within the definition of "Hazardous Waste" contained in Massachusetts General Laws Chapter 21C #2 and/or the Massachusetts Department of Environmental Protection's (DEP's) 'Massachusetts Oil and Hazardous Materials List' (3 10 CMR 40.90 et seq.), as amended if applicable at the time of application or enforcement. Flammable and combustible liquids, flammable solids and flammable gasses are defined as all of the substances (other than heating fuel, diesel fuel, gasoline, and compressed gasses) covered by the provisions of 527 CMR 14.00 et seq., and Massachusetts General Laws Chapter 148 #9 and #13, each as amended, if applicable at the time of application or enforcement. Explosives are defined as all of the substances covered by the provisions of 527 CMR 13.00 et seq., as amended, if applicable at the time of application or enforcement. (Amended by 10/18/93 Special Town Meeting; by Attorney General 2/3/94)
HOME OCCUPATION : An accessory use which is carried on by the residents of the dwelling unit.
HORTICULTURE : The cultivation of a garden or orchard, including the growing of fruits, vegetables, and ornamental plants. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
HOSPICE : A coordinated program of hospice home care and inpatient care and services, provided by or arranged to be provided by an interdisciplinary team for persons who are determined to be terminally ill with a limited life expectancy. (Added by 10/18/93 Special Town Meeting; approved by Attorney General 2/3/94)
HOTEL, MOTEL : A building or group of buildings with more than 15 guest rooms without individual cooking facilities for transient occupancy and let for compensation. A restaurant, dining room, or related retail and consumer services, may be provided within the building or buildings. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
HYDRAULIC CONNECTION : The free movement of groundwater between different aquifers, or between a recharge area and a well.
IMPERMEABLE SURFACE : Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil beneath. (Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
INDOOR WIRELESS COMMUNICATIONS FACILITY : Any indoor Wireless Communications Facility mounted inside, erected inside or supported within an existing building or structure (including, without limitation, buildings, cupolas, church spires/steeples, inactive smoke stacks, and the like) occupied and/or used primarily for other purposes. (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)
INDUSTRIAL WASTE : Any waste resulting from any process of industry, manufacture, trade or business, or from the development or recovery of any natural resource.
INN : A building or group of buildings containing no more than 15 guest rooms without individual cooking facilities for transient occupancy and let for compensation. A restaurant, dining room, and/or related retail and consumer services, intended primarily for serving the guest room occupants and only incidentally the public, may be provided within the building or buildings. (Amended by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
LEACHABLE WASTES : Waste materials, including soil waste and sludge, that are capable of releasing water-borne contaminants to penetrating water derived from rain or snowmelt.
LIFE CARE FACILITY : A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals, and culminating in a full health and continuing care nursing home facility. A life care facility must contain at least two of the following: Independent Elderly Housing, Congregate Elderly Housing, or Nursing Facility. (Added by 10/21/96 Special Town Meeting; approved by Attorney General 12/9/96)
Diagram 1
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
LOT : A single area of land in one ownership, within definite boundaries, used, or available for use, as the site for one or more buildings. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
LOT AREA : The horizontal area of a lot exclusive of any area in a street or way. For all residential dwellings, except for those built on lots created under Section IX.A (OSPZ) of the zoning bylaw, not more than thirty percent (30%) of the lot area required for zoning compliance shall be a creek, stream, river, pond, lake, estuary or bank, fresh water wetland, coastal wetland, beach, dune, flat, marsh, wet meadow or swamp as defined by Massachusetts General Laws, Chapter 131, Section 40, as amended. (Amended by 10/23/95 Special Town Meeting; approved by Attorney General 1/29/96) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)
LOT, CORNER : A lot at the point of intersection of and abutting on two or more intersecting streets, the angle of intersection of the street lot line, or in case of a curved street extended tangent lines, being not more than one hundred thirty-five (135) degrees. (See Diagram 1, page 9)
LOT FRONTAGE : The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line.
LOT LINE : A division line between adjoining properties, including the division line between individual lots established by a plan filed in the Registry of Deeds; also includes "street line". (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
LOT LINE, FRONT : Any property line dividing a lot from a street. (See Diagram 1, page 9)
LOT LINE, REAR : Except for a corner lot, the lot line opposite or farthest from the street upon which the lot derives its frontage. On a corner lot, any line or lines which are not a front line and do not intersect with a front lot line shall be considered rear lot lines. (See Diagram 1, page 9) (Added by 4/5/99 Special Town Meeting; approved by Attorney General 8/2/99)
LOT LINE, SIDE : Any lot line not a front or rear lot line. On a corner lot, any line which intersects with a front line shall be considered a side lot line, notwithstanding Section VI.G.5. of this zoning bylaw. (See Diagram 1, page 9) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
LOT WIDTH : The distance between lot lines measured parallel to the front property line at the front of the principal building. (Amended by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
MEMBERSHIP CLUB : Premises or buildings of an organization exclusively servicing members and their guests for recreational, athletic, or civic purposes. (Added by 10/23/95 Special Town Meeting; approved by Attorney General 1/29/96)
MOBILE HOME : A dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters. For the purposes of this bylaw, the term "mobile home" shall include trailers, motorized homes and bus, camper or van conversions which are designed to provide human habitation. (Added by 4/5/99 Special Town Meeting; approved by Attorney General 8/2/99) (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
MULTI-FAMILY RESIDENTIAL DEVELOPMENT : A lot which contains or has built upon it: (a) one or more multi-family dwellings; (b) one or more multi-family dwellings and one or more single or two-family dwellings, provided that the single family dwellings constitute no more than 25% of the residential development. (Added by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
NONCONFORMING STRUCTURE OR USE : A structure or use which conformed to all the applicable laws at the time of commencement, which, due to a change in zoning does not now conform to the provisions of this bylaw. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/21/96 Special Town Meeting; approved by Attorney General 12/9/96)
NORMAL HOUSEHOLD USE : any or all of the following:
i. 600 gallons or less of oil on site at any time to be used for heating of a structure or to supply an emergency generator, or
ii. A total of 25 gallons (or the dry weight equivalent) or less of other hazardous or toxic materials on site at any time, including oil not used for heating or to supply an emergency generator (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
OCCUPANCY : The purpose for which a building or part thereof is used or intended to be used.
OPEN SPACE : The space on a lot unoccupied by a building, unobstructed to the sky, not devoted to streets, driveways, off-street parking or loading spaces or other impervious surfaces, and expressed as a percentage of total lot area.
PARKING AREA, PARKING FACILITY : A structure or lot, and the means of access thereto, which is used for the storage of motor vehicles. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
PARKING LOT OR STRUCTURE, COMMERCIAL : A designated area or structure used for the parking and storage of vehicles which is operated as a business and open to the public for a fee. (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
PERFORMING ARTS CENTER : A theater, dance hall, music hall, lecture hall or similar place of public assembly. (Added by 10/23/95 Special Town Meeting; approved by Attorney General 1/29/96)
PERSONAL CONSUMER AND SERVICE ESTABLISHMENT : An establishment not described elsewhere in the Table of Use Regulations of this bylaw, which has ordinary characteristics of retail establishments except that services instead of goods are sold. Its principal activity is to furnish service to the consuming public. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
POTENTIAL DRINKING WATER SOURCES : Areas or aquifers which could provide significant drinking water in the future. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
PURPOSES, SUBSTANTIALLY DIFFERENT : A use which by reason of its normal operation would cause readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.
REST HOME, CONVALESCENT HOME, OR NURSING HOME : An extended or intermediate care facility licensed or approved to provide 24-hour nursing care, rehabilitative services, and assistance with activities of daily living to the chronically ill as well as those who have been hospitalized for an illness or operation and require a short period of rehabilitation before returning home. (Added by 10/21/96 Special Town Meeting; approved by Attorney General 12/9/96)
SAFE YIELD : The amount of water that can be withdrawn annually from a groundwater basin without a net loss of groundwater reserves.
SETBACK : The minimum distance required between a structure and the specified lot line (front, side, rear). (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
SHOPPING CENTER : A retail business, entertainment, or consumer service establishment or an aggregation of such establishments on the same premises, having a minimum of 20,000 square feet of gross floor area. (Added by 10/29/95 Special Town Meeting; approved by Attorney General 1/29/96)
SILVICULTURE : The art of producing and caring for a forest. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
SLUDGE : Residual materials produced by water and sewage treatment processes and domestic septic tanks.
SOLAR ENERGY COLLECTION APPARATUS : A device or structural design feature, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
SOLID WASTES : Any discarded solid material, putrescible or nonputrescible, consisting of all combustible and noncombustible solid material including but not limited to garbage and rubbish.
STORAGE TRAILER : Any structure or piece of equipment, not especially designed or used for residential occupancy or recreational use, having an interior volume of more than one thousand (1,000) cubic feet, built upon, or having a frame or chassis to which wheels may be, or have been, attached and by which it may be, or was at one time moved, upon a street, whether or not such entity actually has at any given time had such wheels attached; or is not normally used for commercial transport. (Amended by 4/4/88 Annual Town Meeting; approved by Attorney General 6/10/8 8)
STORY : That portion of a building between the upper surface of a floor and the upper surface of the floor or roof next above. Basements shall be considered a story if it meets the definition of 'story above grade' as defined in the State Building Code. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
STREET : A way, which in the reasonable judgment of the Planning Board, has sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic existing and/or resulting from the development of abutting land and for the installation of municipal services to such land(s) and/or buildings located on or to be constructed on such land and which complies with one of the following criteria: (1) a way which the Town Clerk certifies is used as and maintained regularly and consistently as a public way by the Town to the same extent to which other public ways are maintained by the Town; or (2) a way shown on a plan previously approved and endorsed by the Planning Board and recorded at the Registry of Deeds; or (3) a way existing prior to the date on which subdivision control was adopted by the Town. (Amended by Town Meeting 4/7/86; approved by Attorney General 5/13/86)
STREET LINE : The property line separating the street from the lot. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
STRUCTURE : Any constructed, erected, or placed material or combination of materials in or upon the ground to give support or shelter, including, but not limited to, buildings, mobile homes, radio towers, sheds, signs and storage bins, swimming pools, tennis courts, platforms, and fences. The word "structure" shall be construed where the context allows as though followed by the words "or part thereof."
TEMPORARY LIVING FACILITY : A not-for-profit facility providing temporary housing for up to eight individuals who are without a permanent place of residence. The maximum stay for any individual at a temporary living facility is thirty (30) consecutive days. (Added by 10/21/96 Special Town Meeting; approved by Attorney General 12/9/96)
TREATMENT WORKS : Any device, process and property, real or personal, used in the collection, pumping, transmission, storage, treatment, discharge, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works that receive a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal. (Added by 10/22/03 Special Town Meeting; approved by Attorney General 1/22/04)
USE : The purpose for which a structure and/or lot is arranged, designed, or intended to be used, occupied, or maintained.
USE, MIXED : Two or more principal uses occupying the same structure or lot, each of which is independent of and unrelated to the other.
USE, PRINCIPAL : The main or primary purpose for which a structure or lot is arranged or intended, or for which it may be used, occupied, or maintained under this bylaw.
VERY SMALL QUANTITY GENERATOR : Any public or private entity, other than a residence, that produces less than 27 gallons by volume or an equivalent 100 kilograms by weight a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 3 10 CMR 30.136. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
WATER SUPPLY PROTECTION DISTRICT : The zoning district defined to overlay other zoning districts in the Town of Ipswich. The Water Supply Protection District may include specifically designated recharge areas. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
WIND ENERGY CONVERSION SYSTEMS (WECS) : All equipment, machinery and structures utilized in connection with wind-generated energy production and generation, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface, or overhead and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (rotor, electrical generator and tower), anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads. (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
WIND ENERGY CONVERSION SYSTEMS, COMMERCIAL : WECS that are designed or operated to provide less than fifty percent (50%) of its electrical output for use on site. (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
WIND ENERGY CONVERSION SYSTEMS, MUNICIPAL : WECS located on Town-owned or Town-controlled property without regard to the ownership of the structure or equipment. (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
WIND ENERGY CONVERSION SYSTEMS, NON-COMMERCIAL : WECS that are designed or operated to provide fifty percent (50%) or more of its electrical output for use on site. (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
WIRELESS COMMUNICATIONS FACILITIES : Any and all materials, equipment, equipment structures, storage structures, towers, and antennas, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services, including, but not limited to, cellular telephone service, personal communications, and enhanced specialized mobile radio service. The term wireless communications facilities shall mean personal wireless service facilities within the meaning of 47 U. S.C. Section 332 (c)(7). (Added by 4/7/97 Annual Town Meeting; approved by Attorney General 7/2/97)
ZONE I (GROUND WATER) : The area closest to the well, within a 400 foot radius of the well. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
ZONE II (GROUND WATER) : The primary recharge area for the aquifer. This area is defined by hydrogeologic studies and approved by the DEP. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
ZONE A (SURFACE WATER) : The landward area 400 feet from the edge of a reservoir and 200 feet from the edge of its tributaries and the land area between the surface water source and the upper boundary of the bank, provided that the edges of reservoirs and tributaries thereto are defined as the landward edges of any associated Bordering Vegetated Wetlands ("BVW") or, where BVW is not present, as the top of bank of reservoirs and tributaries thereto. Delineation of BVW and of "top of bank" shall be in accordance with current guidance published by the Mass. Department of Environmental Protection ("MADEP") or its successor agency. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
ZONE C (SURFACE WATER) : The remaining area in the Water Supply Protection District not designated as Zone A, Zone I, or Zone II. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
AREA OF SIGN : The area, including all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, the frame around the sign, and any "cut outs" or extensions, but not including any supporting structure or bracing. Calculation of sign areas shall use the following formulae:
1 .For two-dimensional signs affixed to or fabricated from a mounting background or signboard: the area shall consist of the smallest rectangular plane that wholly contains the sign (see diagram #1 on page 47).
2. For two-dimensional signs consisting of individual letters or symbols affixed directly to the building wall, window, or awning: the area shall consist of the smallest area enclosed by a series of straight lines connected at right angles which encompasses all of the letters and symbols (see diagram #2 on page 47).
3. For two-dimensional double-faced signs less than four (4) inches thick: use the area of one face as calculated under subparagraph #1 above.
4.For three-dimensional signs, double-faced signs greater than four (4) inches thick, objects used as signs, and "V" shaped signs: the area shall be determined by the largest of either the front or side projected view of the sign (see diagram #3 on page 47).
BRACKET : A device used to attach a sign to a building other than with screws or bolts.
CLEARANCE : A completely open and unobstructed space measured from the ground level to the lowest portion of a hanging sign. No less than ten feet (10') clearance shall be allowed when the sign is over a public way or area (see diagram #4 on page 47).
ILLUMINATION : The act of supplying or brightening a sign with light. Lighted signs shall be illuminated only by a steady, stationary light without causing harmful glare for motorists, pedestrians or neighboring premises. Sign illumination is permitted only between the hours of seven o'clock in the morning and eleven o'clock in the evening, except that signs may be illuminated during any hours establishments are open to the public. The sources of artificial light shall include: enclosed or protected neon (exposed illuminated neon shall not be allowed); and lighting from an exterior source(s) and/or internal lighting; but all flashing, changing, or intermittent illumination is prohibited, except for time/temperature signs and holiday decorations.
LINEAL FRONTAGE : The length in feet of a building or storefront which abuts a street or public right-of-way at its first floor or entrance level (see diagram #5 on page 47).
PROJECTION : To extend forward or out from a facade of a building. Signs shall project no more than five feet (5') from a building or two-thirds (2/3) of the width of the sidewalk, whichever is less (see diagram #4 on page 47).
SIGN : Any two or three dimensional fabrication, or assembly, including its supporting structure, consisting of any letter, figure, character, symbol, emblem, mark, design, pictorial representation, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened, or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, business, public performance, article, machine or merchandise whatsoever, and displayed in any manner for recognized identification or advertising purposes. "SIGNS" shall be divided into the following categories:
AWNING SIGN : Any sign painted, sewn or attached onto an awning. The area of an awning sign(s) shall not exceed one-half (0.5) square foot per foot of lineal frontage of the storefront or building upon which the awning is attached. Awnings shall conform to the Massachusetts State Building Code.
BANNER SIGN : Any sign constructed of fabric or flexible material. Pennants and flags are banner signs, except flags or pennants as exempted under Subsection B (Application). Banner signs may be used as permanent and temporary signs. A permanent banner sign shall not exceed fifteen (15) square feet in size.
DIRECTORY SIGN : Any sign which contains listings of two or more commercial uses or users. A directory sign shall be designed and constructed with provisions for changes of listing without reconstruction of the entire sign.
FREE-STANDING SIGN : Any sign structurally separate from the building, being supported on itself, on a standard, or on legs. Free-standing signs shall be non-moveable and permanently anchored.
HANGING SIGN : Any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including an arcade or marquee sign. (Added by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
PLAQUE OR HISTORIC MARKER : A permanent, non-illuminated sign which identifies a structure or site designated by the Ipswich Historical Commission as being historically significant. In the case of a structure, said sign shall be attached parallel to the structure and shall not exceed three (3) square feet. In the case of a site, said sign shall be placed on the structure or shall be freestanding, and shall not exceed three (3) square feet in area. The sign area for a plaque or historic marker shall not be figured in the allowable sign area for the building. (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
SANDWICH BOARD SIGN : A sign structurally separate from a building and being supported on itself, usually on legs; a sandwich board sign shall be moveable and without permanent anchoring. Said sign shall have no more than six (6) square feet in area on each side of a two-dimensional double-faced sign, shall be constructed of materials intended for outdoor use and shall not impair visibility or ability to use any public way or public area. (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
SPACING : The distance between the letters in a word, between individual words, and/or between lettering and any other components of a sign.
SPECIAL PERMIT GRANTING AUTHORITY : The Town of Ipswich Zoning Board of Appeals.
TEMPORARY SIGN : A sign which is intended for a limited period of display. A temporary sign may be erected for a period not to exceed the time frames listed in the following categories. A temporary sign that does not meet the following criteria shall be subject to the same requirements as for permanent signs.
1. Poster-type signs, construction signs, and real estate signs are considered temporary signs provided they meet the following necessary criteria:
a. Poster-type sign:
(1) may not occupy more than 15% of the window area and may not be attached to the exterior surface of the window.
(2) shall be related to use conducted or goods available on the premises.
(3)may not be used for more than twenty-one (21) consecutive calendar days.
b. Construction sign:
(1) identifies parties involved in construction on the same premises only
(2) shall not contain advertising
(3) shall not be utilized for more than one (1) year, or for the duration of work on the lot, whichever is longer
(4) shall not exceed twenty (20) square feet in area (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
(5)shall be removed promptly by contractor within fourteen (14) calendar days of the completion of work.
c. Real Estate sign:
(1) shall be related to sale, rental, or lease of same lot shall not be more than four (4) square feet in area.
(2) shall be removed within seven (7) calendar days after sale, rental, or lease.
2. Any banner sign shall be considered a temporary sign provided it meets the following criteria:
a. A banner sign intended to advertise a business establishment prior to permanent signing:
(1) shall be erected for a maximum of thirty (30) calendar days
(2) shall be no larger than twenty (20) square feet in area per business
(3)shall be attached to the building.
b. A banner sign intended to advertise a special event:
(1) shall be no greater than seventy-five (75) square feet in area if placed across a public street (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98); otherwise, shall be no greater than twenty (20) square feet in area
(2) shall be erected for a maximum of sixty (60) calendar days, and
(3)shall be removed within three (3) calendar days after the event is over.
3. A sandwich board sign shall be considered a temporary sign provided that it meets the following criteria:
a. the sign is intended to advertise a special event or seasonal product
b. it shall be erected for a maximum of thirty (30) calendar days within any twelve-month period.
WALL SIGN : Any sign painted on or affixed to a building wall is a wall sign. Wall signs consist of two basic categories:
1 .Directly applied: painted or three-dimensional letters applied directly to a building surface.
2.Independent Wall Sign: painted, incised or three-dimensional letters affixed to a sign board which is then attached to a building surface.
WINDOW SIGN : Any temporary or permanent sign affixed to the surface of the glass of any part of any building. Window sign(s) shall not occupy, in total, more than fifteen percent (15%) of the glass area and may not be attached to the exterior surface of the glass. Any interior sign which is within three feet (3') of the window glass and which is visible from the outside of the building shall be considered a window sign even though it may not be affixed directly to the glass. Window displays of actual products or merchandise for sale or rent on the business premises shall not be considered window signs.
APPLICANT : a person applying for the approval of a plan under these regulations, including owner, agent representative or assigns of the owner. The applicant's agent and/or representative shall obtain and submit to the Board written authorization from the owner of record.
BASE FLOOD ELEVATION : the level of flooding having a one percent chance of being equaled or exceeded in any given year, as designated on the Federal Insurance Rate Map (FIRM) or, in the absence of such designation, as may be determined based upon the best available information regarding flood hazards, including any available U.S. Geologic Survey, Soil Conservation Service, and/or the Corps of Engineers studies.
BENCH MARK : a permanent physical mark of known elevation. All elevations shall be based on the National Geodetic Vertical Datum of 1929 (NGVD).
BOARD : The Town of Ipswich Planning Board. A quorum for a meeting or hearing is three members.
COURT : A street which, by its location and design, serves as the sole means of access to no more than two residential lots, and which has no potential to serve additional lots. [Added 5-18-95]
CUL-DE-SAC : a local, dead-end street with a turnaround at the end.
DRAINAGE : the control of surface or subsurface water within the tract of land to be subdivided.
EASEMENT : a right in land acquired by public authority or other person to use or control property for a utility or other limited purpose.
ENGINEER OR SURVEYOR : a person registered by the Commonwealth of Massachusetts to perform professional civil engineering or land surveying services in accordance with 250 CMR 3.00 - 6.00.8
LANE : A street which, by its location and design, serves as the sole means of access to no more than five residential lots, and which has not potential to service additional lots. [Added 5-18-95]
LOT : an area of land in one ownership with definite boundaries used, or available for use, as the site of one or more buildings. Areas endorsed by the Board upon a plan as "Not a Building Lot" or "not available for building purposes" shall not be considered lots.
MUNICIPAL SERVICE : public utilities furnished by the town in which a subdivision is located, such as water, sewerage, and electricity. For the purposes of these regulations, private utilities including, but not limited to gas, and community antenna television cabling, shall be considered municipal services.
OWNER : the owner of record as shown by the records of the Essex County South District Registry of Deeds or of the Land Court of the Commonwealth of Massachusetts.
RECORDED : recorded in the Registry of Deeds for Essex County South District; if registered land is affected, filed with the recorder of the Land Court of the Commonwealth of Massachusetts.
REGISTERED MAIL : registered or certified mail.
REGISTER OF DEEDS : the register of deeds of the county or district in which the land in question, or the city or town in question, is situated, and, when appropriate, shall include the recorder of the Land Court.
STREET :
Local: a street that provides direct access to abutting properties only and carries low volumes of traffic; this category includes cul-de-sacs and loop streets.
Collector: a street used primarily to connect local streets to arterial streets. It carries moderate volumes of traffic. Less than 25% of the average daily traffic of a collector street is normally attributed to through traffic.
Minor arterial: a street used to provide movement between major arterials, collectors and other minor arterials. It carries relatively high volumes of traffic. At least 25% of the average daily traffic volume is normally attributed to through traffic.
Major arterial: a street of regional significance, with high volumes of traffic used primarily to-carry traffic through the Town. It is not intended as a residential street.
SUBDIVISION : the division of a tract of land into two or more lots, including re-subdivision, provided that such division shall not be deemed to constitute a subdivision under the subdivision Control Law (M.G.L. c.41) if at the time it is made, every lot within the tract so divided has frontage on a) a public way certified by the Town Clerk as being maintained and used as a public way, b) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or c) a way in existence prior to the date on which the subdivision control law was adopted by the Town, and meeting the standards of the Board as set forth in Section 3.3.p
SUBDIVISION CONTROL : the power of regulating the subdivision of land granted by the Subdivision control Law.
WAY, PUBLIC : a way which in the reasonable judgment of the Board has sufficient width, suitable grades and adequate construction to provide for the needs of the vehicular traffic existing and/or resulting from the development of the abutting land and for the installation of municipal services to such land(s) and/or buildings located on or to be constructed on such land and which complies with one of the following criteria:
1. a way which the Town Clerk certifies is used as and maintained regularly and consistently as a public way by the Town to the same extent to which other public ways are maintained by the Town; or
2. a way shown on a plan previously approved and endorsed by the Board and recorded at the Registry of Deeds or in the Land Court; or
3. a way existing prior to the date on which subdivision control was adopted by the Town; or
4. a way shown on a plan of a subdivision recorded at the Registry of Deeds or at the Land Court prior to the date on which the subdivision control law was adopted by the Town.
UTILITIES : private or municipal services to be furnished within the subdivision including, without limitation, telephone, community access television, electric light and power, gas lines, sanitary sewers, storm drains, water mains and appurtenances.
ZONING BY-LAW : the Protective Zoning By-law of the Town of Ipswich, adopted under Article 36 of the Annual Town Meeting, May 2, 1977, and approved by the Attorney General August 18, 1977, and any and all duly adopted and approved amendments thereto.