The visible or otherwise apparent intention of an owner to discontinue a use of a building, structure or lot, whether conforming or nonconforming or the removal of the characteristic equipment or furnishings 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 for a period of two years or more.

Having a common property line with; contiguous, fronting upon.

See § 175-32I.

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. For the purposes of this definition "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock; or 25% of the subject premises' gross floor area, or 200 SF, whichever is greater.

An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws.

An establishment having as a substantial or significant portion of its stock, devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. For the purposes of this definition "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock; or 25% of the subject premises' gross floor area, or 200 SF, whichever is greater.

Any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in Section 31 of Chapter 272 of the Massachusetts General Laws.

For the purposes of this bylaw, adult use shall be defined as any of the following: adult bookstore, adult motion picture theater, adult paraphernalia store, adult video store, and live nudity establishment or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. For the purposes of this definition an adult use is any use or combination of uses which either have greater than 25% of the subject establishment's inventory stock; or 25% of the subject premises' gross floor area, or 200 SF, whichever is greater devoted to materials for sale or rent distinguished by or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws.

An establishment having a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. For the purposes of this definition "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock; or 25% of the subject premises' gross floor area, or 200 SF, whichever is greater.

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.

One or more rooms forming a habitable unit, containing complete and independent living facilities.

The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This shall include any area designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V on the FIRM and FIS.

The flood having a one percent chance of being equaled or exceeded in any given year.

A portion of a building partly below grade which has more than 1/2 of its height measured from finished floor to finished ceiling above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is 4.5 feet or more above the finished grade or one half of the total height above finished grade, whichever is greater.

A combination of any materials whether portable or fixed having a roof built to form a structure that is safe and stable supported by columns or walls resting on its own foundation for the shelter, housing or enclosure of persons, animals, chattels of property of any kind. For the purposes of this definition "roof" shall include an awning or any similar covering whether or not permanent in nature.

A detached building the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building to which it is accessory.

A building having any portion of one or more walls in common with adjoining buildings.

A building having open space on all sides.

The closest location on a lot that any portion of a foundation may be situated from the front lot (street) line, parallel to the street. See front setback requirements of Article VI. On a lot with an existing principal structure, this line exists at the closest point of the foundation to the front lot (street) line, parallel to the street.

A building in which is conducted the principal use on the lot on which it is located.

A portion of a building partly or entirely below grade which has more than 1/2 of its height measured from finished floor to finished ceiling below the average established finished grade of the ground adjoining the building. A cellar is not deemed a story.

The final permit required from the Town before any use of structure may be occupied; issued by the Building Inspector; a means of assuring that all work has been completed in accordance with plans approved for building permits and that all work conforms to the requirements of all building, zoning and health regulations of the Town.

An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V, V1-30, or VE.

An area of land designed for joint ownership of property, or property so owned, such as an apartment complex with each unit bought and sold, without the approval of other owners, and where common facilities are maintained by a service fee.

For floodplain management purposes any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

A zoning district as established by Article III of this bylaw.

A private access for vehicles to required parking, and for vehicles to move between the required frontage and a location within a lot provided that a "driveway" shall not be used to connect a lot through any portion of another lot.

A two-family building designed with separated dwelling units side-by-side separated by a fire wall.

A privately or publicly owned permanent structure containing a dwelling unit or dwelling units. The terms "one-family," "two-family" or "multifamily" dwelling shall not include hotel, lodging house, hospital, membership club, trailer, however mounted, or dormitory, or structure solely for transient or overnight occupancy.

One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit with permanent provisions for cooking, living, sanitary, eating, and sleeping facilities.

A building containing three or more dwelling units constructed on a single lot.

One or more persons, including domestic employees, occupying a dwelling unit and living as a single, non-profit housekeeping unit provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.

Shall include an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway.

An official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.

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.

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.

Any area that is subject to periodic flooding and that is shown as an area mapped as flood plain on the Zoning Map or shown as a special flood hazard area on the FIRM and FIS incorporated by reference into the Zoning Map.

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.

The sum of the areas of the several floors of a building, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment.

That portion of a lot contiguous with a street or street right-of-way line and providing access thereto.

The vertical distance from the average finished grade of the adjacent ground to the top of the structure or the highest roof beams of a flat roof or the mean level of the highest gable or the slope of a hip roof.

The general use of architectural details and designs which conform to the traditional building styles of New England, including but not limited to Colonial/Cape, Georgian, Federal, Greek Revival and Victorian styles, and the use of traditional exterior surfaces and accents on facades facing the street or nearby public property, such as clapboard or siding, peaked roof lines, attractive light fixtures, appropriate window sizes and styles, and the like, without, however, prohibiting the use of modern building materials which may replicate or mimic traditional styles but with longer lasting, more durable or more energy efficient materials. The use of photovoltaic systems (solar panels), satellite dishes or other exterior communication hardware shall not be prohibited, but shall be encouraged to be screened from street view wherever reasonably possible.

An accessory use which by custom has been carried on entirely within a dwelling unit and is incidental and subordinate to the dwelling use and which shall not occupy more than 25% of the floor area or 400 square feet whichever is less of the dwelling unit so used. No commodities except those processed on the premises shall be sold. Permitted uses shall be carried on by the occupants of the dwelling unit with no more than one non-resident employee, and shall not in any manner change the residential character of the building.

A building providing twenty-four-hour in-patient services for the diagnosis, treatment or other care of human ailments including, where appropriate, a sanitarium, clinic, rest home, sanatorium, nursing homes, and convalescent home.

A building or any part of a building containing rooming units without individual cooking facilities for transient occupancy and having a common entrance or entrances including an inn, motel, motor inn, and tourist court, but not including a boarding house, lodging house, or rooming house.

One or more rooms for the use of one or more individuals not living as a single housekeeping unit and not having cooking facilities. A "lodging unit" shall include rooms in boarding houses, tourist houses or rooming houses.

A single or contiguous tract of land held in the same ownership throughout and defined by bounds or lot lines ascertainable by recorded deed or plan.

For all lots created after April 2, 2001, the horizontal area exclusive of any area in a street or recorded way open to public use. At least 50% of the area required to meet the minimum lot area requirement in the zoning district in which the lot is located must be contiguous upland as defined in this Bylaw and not part of a detention and/or retention basin or easement for drainage purposes, land under water, or land subject to flooding.

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 degrees.

The mean horizontal distance between the front lot line and the rear lot line.

The horizontal distance measured continuously along the front lot line between the points of intersection of the side lot lines with the front lot line. The street frontage for a lot on a cul-de-sac shall be the measured frontage of the lot along the outside radius of the street right-of-way line between the side lot lines.

The property line dividing a lot from a street (right-of-way).

The lot line or lines opposite from the front lot line.

Any lot line not a front or rear lot line.

A lot lawfully existing at the effective date of this bylaw or any subsequent amendment thereto which is not in accordance with all provisions of this bylaw.

The horizontal distance between the side lot lines as measured at the minimum front yard depth (required setback distance) required by this bylaw.

The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

A social, sports or fraternal association or organization which is used exclusively by members and their guests which may contain bar facilities.

A large trailer outfitted as a home meant to be parked more or less permanently at a location. See “trailer.”

A building exclusively for residential use with three or more dwelling units.

For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community.

See "base flood."

Any person or entity of record, holding fee simple title to a lot of land.

The space on a lot unoccupied by buildings, unobstructed to the sky, not devoted to streets, driveways, or off-street parking or loading spaces and expressed as a percentage of total lot area.

An off-street space, whether inside or outside a structure for exclusive use as a parking space for one motor vehicle as required elsewhere in these bylaws.

A business complex excluding apartments which is planned, designed, and developed as a unit.

An area of land, designed and developed as a unit, with common open space as an integral characteristic which departs from the zoning regulations conventionally required in the district concerning lot size and dimensional requirements.

A lot together with all buildings, structures, and uses thereon.

See "floodway."

Any permanent or temporary representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by intermittent or repeated motion or illumination, provided however that the following shall not be included in the application of the regulations herein.

An area having special flood and/or flood-related erosion hazards, and shown on a Flood Hazard Boundary Map or FIRM or FIS as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, or VE.

A way that 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 Subdivision Rules and Regulations in Abington, Massachusetts,[2] and a way having in the opinion of the Abington 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. The Planning Board shall not deem a way adequate for the purposes of the Subdivision Control Law whether approval is required or not required and this Zoning Bylaw unless said way meets the following minimum standards.

The right-of-way line of a street.

A structure lawfully existing at the effective date of this bylaw or any subsequent amendment thereto which does not conform to one or more provisions of this bylaw.

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Toxic or hazardous materials include, without limitation organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkali's, and include products such as pesticides, herbicides, solvents and thinners.

Any vehicle which is designed primarily to be portable and is arranged, intended, designed, or used temporarily for sleeping, eating, or business use in conjunction with construction, or is a place in which persons may congregate including a tent trailer, travel trailer, motor home, or camper.

A building designed to accommodate two- or three-family households, each with separate units on each floor within the structure.

Non-wetland as defined by the Wetlands Protection Act and/or the Town of Abington Wetlands Bylaw.[3]

The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied or maintained.

A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure.

A use lawfully existing at the time of adoption of this bylaw or any subsequent amendment thereto, which does not conform to one or more provisions of this bylaw including an existing use permissible on special permit from the Board of Appeals but which has not been so authorized.

The main or primary purpose for which a structure, building, or lot is designed, arranged, constructed, or intended, or for which it may be used, occupied or maintained under this bylaw. 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 bylaw shall be considered an accessory use.

A use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, noise, employment or similar characteristics from the use to which it is being compared.

See § 175-82D(3).

A structure, including a tower, antenna, monopole, satellite dish, or other similar devices and accessory structures, built for the providing of wireless communications services. A wireless communications facility may include accessory mechanical, electronic or telephone equipment and/or building(s) necessary to operate such facility.

The communications services provided for radio, television, cellular telephone, personal communications, and enhanced specialized mobile radio via wireless communications facilities.

A portion of a lot upon which the principal building is situated, unobstructed from the ground to the sky except as otherwise provided herein.

A yard extending for the width of the lot between the front line of the nearest building wall and the front lot line.

A yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

A yard extending for the full length of the lot between the nearest building wall and the side lot line.

The 100-year floodplain area where the base flood elevation (BFE) has not been determined.

The 100-year floodplain where the base flood elevation has been determined.

The 100-year floodplain with flood depths of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Areas to be protected from the 100-year flood by federal flood protection system under construction.

Areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X shall replace Zones B and C on the revised maps.

A special flood hazard area along a coast subject to inundation by the 100-year flood with the additional hazards associated with storm waves.

An Area identified in the Flood Insurance Study as an area of moderate minimal flood hazard.

Chapter 40A of the Massachusetts General Laws and subsequent amendments thereto.