Andover, MA Zoning Ordinance

Andover City Zoning Code

SECTION 10

DEFINITIONS

In this Bylaw, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the Bylaw. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot". the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied". The words "building," "structure," "lot," or "parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this Bylaw.

ACCESSORY BUILDING — A detached subordinate building located on the same lot with a principal building, use of which is an accessory use as defined in this Section 10. A garage or other "accessory building" attached directly to the principal building or connected by any enclosed or roofed structure shall be considered to be a part of the principal building.

ACCESSORY USE — A use that is subordinate to, clearly incidental to, customary in connection with, and located on the same lot as, the principal use.

ADULT USE — Adult bookstores, adult cabarets, adult motion-picture theaters, adult paraphernalia stores and adult video stores, as defined in this Bylaw. For purposes of interpreting the words "regular or regularly," shall mean a consistent, ongoing and substantial course of conduct, such that the films, performances, or business activities so described constitute a significant and substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

Associated Definitions:

Adult Bookstore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other matter that are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement, as defined in G.L. c. 272, s. 31.

Adult Cabaret: A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment that regularly features persons or entertainers who appear in a state of nudity or live performances that are distinguished or characterized by nudity, sexual conduct, or sexual excitement, as defined in G.L. c. 272, § 31.

Adult Motion-Picture Theater: An enclosed building or any portion thereof regularly used for presenting material (motion-picture films, video cassettes, cable television, slides, or any other such visual media) distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement, as defined in G.L. c. 272, § 31.

Adult Paraphernalia Store: An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys that are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement, as defined in G.L. c. 272, § 31.

Adult Video Store: An establishment having as a substantial or significant portion of its stock-in-trade, for sale or rent, motion-picture films, video cassettes, and similar audio/visual media, that are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement, as defined in G.L. c. 272, § 31.

AFFORDABLE HOUSING — Any housing subsidized by the federal, state, or local government under any program to assist the construction of affordable housing as defined in the applicable federal or state statute, whether built by a public agency, or nonprofit or limited dividend organization. Any local program is subject to applicable state regulations or guidelines.

Associated Definitions:

Low income: below 60 percent of the median income ("area median income") for the metropolitan area that includes Andover, as determined by the U.S. Department of Housing and Urban Development (HUD) figures ("median income").

Moderate income: 60-79 percent of area median income.

Upper-moderate income: 80-120 percent area median income, except for an assisted living residence under Section 7.3, for which upper-moderate income means 80 to 100 percent of area median income.

AGRICULTURAL USE, EXEMPT — Agriculture, horticulture, floriculture, or viticulture on parcels of five or more acres in area and exempted by G.L. c. 40A, § 3.

AGRICULTURAL USE, NON-EXEMPT — Agriculture, horticulture, floriculture, or viticulture on parcels of less than five acres not governed by G.L. c. 40A, § 3.

ALTERATIONS — As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement whether by extending on a side or by increasing in height, or the moving from one position to another on the same lot.

AMATEUR RADIO FACILITY — Antennas or towers used for the transmission and/or reception of radio communication signals for private noncommercial purposes.

ASSISTANCE WITH ACTIVITIES OF DAILY LIVING — Providing support, aid, assistance, prompting, guidance or observations of meal preparation, housekeeping, clothes laundering, shopping for food or other items, use of transportation, and other similar tasks with the purpose of supporting an individual to remain in a residential environment for as long as possible.

BASE FLOOD ELEVATION — The base flood elevation shall be the level of flooding having a 1 percent chance of being equaled or exceeded in any given year, as designated on the Flood Insurance Rate Map (FIRM), revised July 3, 2012, as amended from time to time, or, in the absence of such designation, to be determined by the Building Commissioner based upon the best available information regarding flood hazards, including any available USGS, SCS, and Corps of Engineers studies.

BOARDING OR LODGING HOUSE — A dwelling in which meals are served, other than on a transient basis, for compensation, or rooms are let to people not members of the resident family.

BUILDING — A structure enclosed within exterior walls or firewalls, built, erected, and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property.

BUILDING COVERAGE — That percentage of the lot covered by the footprint area of a building or buildings.

BUILDING HEIGHT — The vertical distance from the grade to the highest point of the roof. When a building faces more than one street, the height shall be measured from the average of the grade at the center line of each street front. See Section 4.1.3.3 for specific exemptions from this definition.

BUILDING, PRINCIPAL — The building in which the principal use of the lot is conducted.

BUSINESS OR PROFESSIONAL OFFICE — A building or part thereof, for transacting business or providing services exclusive of the receipt, sale, storage, or processing of merchandise.

CHILD CARE FACILITY — a facility operated on a regular basis whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, for nonresidential custody and care during part or all of the day or school-aged child care program, as those terms are defined in G.L. c. 15D section 1A.

CLUSTER DEVELOPMENT — A residential subdivision of detached single-family dwellings on a tract of land of 10 acres or more with a minimum of 30 percent of the land area designated as common open space, allowed by special permit in any single residence district other than SRA.

COMMERCIAL PARKING LOT OR GARAGE — A structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for parking vehicles and available to the public.

COMMUNICATION STRUCTURE — A tower, antenna, dish, or other apparatus used for the reception and/or transmission of electronic signals for commercial communication purposes.

CONTRACTOR'S YARD — A yard to allow the following uses:

• Parking of commercial vehicles and equipment either in the open or in enclosed structures;

• Building supply and fuel establishment;

• Storage of construction materials;

• Storage of earth materials; and

• Storage of demolished construction materials ready to be re-used, recycled, or disposed, such as bricks, concrete masonry units, roofing materials, bituminous asphalt, and the like.

CONVENIENCE STORE — A commercial establishment whose principal purpose is to serve a variety of day-to-day domestic or personal consumption needs, including, but not limited to, the sale of all or one of the following items: household goods, meat or food products, bakery goods, newspapers, periodicals, pharmaceuticals, dairy products, and beverages. This does not include the sale of alcoholic beverages. Such establishment shall not exceed a net floor area of 3,500 square feet for retail use. Hours of operation may be prescribed as a condition of any special permit.

CUSTOMARY HOME OCCUPATION — Use of a room or rooms in a dwelling or accessory building operated by a person residing on the premises for the practice of a home occupation, provided that any associated signage conforms to Section 5.2 and the practice does not involve:

• The use of more than 33 1/3 percent of the gross floor area of the building up to a maximum of 1,000 gross square feet;

• Alteration of the residential character of the premises;

• Noise, heat, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, or other objectionable effects discernible at the property line not normally associated with residential use;

• The employment of more than one person not a member of the resident family;

• The parking of commercial vehicles on site, except as allowed in § 3.2.1.3 and § 3.2.1.4 of the Bylaw;

• Adult use (as defined in this Section 10);

• Generating any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.

DRIVEWAY — An accessory use on a lot, privately owned and intended for the passage of motor vehicles.

DWELLING — A building designed and occupied as the living quarters of one or more families.

Associated Definitions:

Dwelling, Multifamily: A building containing three or more dwelling units.

Dwelling, Single-Family: A building containing one dwelling unit.

Dwelling, Two-Family: A building containing two dwelling units.

DWELLING UNIT — One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

EARTH MATERIALS — Soil, loam, peat, gravel, rock, or similar materials.

ESSENTIAL SERVICES — Transformer station, substation, pumping station, telephone exchange, telephone or radio repeater, or other similar utility installation, provided that in any residential district no public business office, storage yard, storage buildings, or motor maintenance installation may be operated in connection therewith.

FAMILY — One or more persons occupying a dwelling unit, provided that no group of more than five unrelated individuals may constitute a family.

FAMILY CHILD CARE HOME, LARGE — Any private residence operating a facility with more than six nonresident children, all as defined in G.L. c. 15D section 1A.

FAMILY CHILD CARE HOME, SMALL — Any private residence operating a facility with six or less nonresident children, all as defined in G.L. c. 15D section 1A.

FAMILY DWELLING UNIT — Use of a room or rooms in a detached one-family dwelling or accessory building as a dwelling by relatives needing extended care or supervision due to illness, disability, or age. The use shall be subject to reasonable conditions and the requirement for renewable time periods not exceeding five years.

FLOOR AREA, GROSS — The total square feet of floor space within the outside dimensions of a building including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.

FLOOR AREA, NET — The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

FUNERAL HOME — Facility for conducting funerals and related activities such as embalming.

GROCERY STORE — An establishment where more than 70 percent of the gross floor area is devoted to the sale of food products for home preparation and consumption.

HELICOPTER — A rotary wing aircraft that, for its horizontal motion, depends principally on its engine-driven rotors.

HELIPORT — An area of land or a structure used or intended to be used for the landing and takeoff of helicopters and restricted in usage to the owner or to persons authorized by the owner.

INDEPENDENT LIVING RESIDENCE — A dwelling that provides accommodations in dwelling units for older adults. These residences may include common areas, a common dining facility, and space for providing social, psychological, and educational programs.

INDOOR COMMERCIAL RECREATION ESTABLISHMENT — A facility involving the assembly of people for indoor recreation or amusement for purposes of dining, drinking, or dancing; musical or theatrical entertainment; or sporting events or athletic activities.

INTERDEPARTMENTAL REVIEW TEAM — A team or working group of Town department heads and staff from the Planning, Conservation, Health, Public Works, Building, Police, and Fire Departments.

INTERNAL ACCESS ROADS — In industrial districts, any road or drive that provides exclusive vehicular access to more than one industry or lot.

LONG-TERM CARE FACILITY — An institution or distinct part of an institution licensed by the Massachusetts Department of Public Health to provide 24-hour care under medical supervision to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. Long-term-care facilities provide assistance with activities of daily living as defined by 651 CMR 12.02, as well as skilled nursing and medical care.

LOT — An uninterrupted area of land in one ownership with definitive boundaries, the use of which is subject to the provisions of this Bylaw.

LOT AREA — The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. One hundred percent of the lot area required for zoning compliance shall be contiguous land other than land located within a line identified as the wetland margin as shown on maps entitled "Wetland Areas of Andover, MA" and subsequent revisions as approved by the Andover Conservation Commission. The 90 percent contiguous upland requirement shall continue to apply to a lot in existence prior to April 16, 1997.

LOT FRONTAGE — An uninterrupted distance along a single way, or along two intersecting ways if the angle of intersection of the two ways is greater than 120 degrees, in fact capable of providing safe vehicular and pedestrian access to the principal use of a lot.

LOT LINE — A line dividing one lot from another, or from a street or any public place.

LOT WIDTH — The horizontal distance between side lot lines, measured parallel to the lot frontage.

MAJOR NON-RESIDENTIAL PROJECT — A commercial, industrial, or institutional development, but excluding municipal facilities and projects governed by any provision of Section 7.0, having any of the following characteristics:

• A proposal to increase the gross floor area of an existing building by more than 2,000 square feet;

• A proposal to construct a building or buildings in excess of 10,000 gross square feet;

• A proposal to alter, renovate, reconstruct, or redevelop more than 40 percent of the gross floor area of an existing building, when there is a change of use.

For purposes of computation, development within the last five years on the property shall be considered.

MANUFACTURING — A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, and sales and distribution of such products. The term "manufacturing" shall not include offensive industrial operations as defined in this Section 10.

MARIJUANA ESTABLISHMENTS — All types of marijuana establishments as defined in G.L. C. 94G, § 1, including all marijuana cultivators, craft marijuana cultivator cooperatives, independent testing laboratories, marijuana product manufacturers, marijuana retailers, on-site consumption, special events, and any other type of licensed marijuana related businesses, but not to include a medical marijuana treatment center or registered marijuana dispensary as regulated in Section 8.6 of this Bylaw.

Associated Definitions:

Registered Marijuana Dispensary: also known as a Medical Marijuana Treatment Center, means a not-for-profit entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, the acronym RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.

MEDICAL CENTER OR CLINIC — A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

MIXED USE STRUCTURE — Any structure containing two or more permitted uses or uses allowed by special permit in the applicable district.

MOTEL OR HOTEL — A building or buildings intended and designed for transient, overnight, or extended occupancy, divided into separate units within the same building with or without a public dining facility. If the hotel or motel has independent cooking facilities, no unit shall be occupied by any guest for more than four continuous months, nor may the guest reoccupy any unit within 30 days of a continuous four-month stay, nor may the guest stay more than six months in any calendar year. No occupant of a hotel or motel may claim residency at that location.

MOTOR VEHICLE REPAIR GARAGE OR BODY SHOP — An establishment, garage, or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies. This does not include the storage of vehicles for the cannibalization of parts.

MOTOR VEHICLE SALES OR RENTAL — Premises selling or renting motor vehicles used for travel purposes.

MOTOR VEHICLE SERVICE STATION — Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.

MUNICIPAL FACILITIES — Facilities owned or operated by the Town of Andover.

NONCONFORMING BUILDING, STRUCTURE, OR LOT — A building, structure, or lot that does not conform to a dimensional regulation prescribed in this Bylaw for the district in which it is located or to other regulations in this Bylaw excepting use regulations, but which was in existence at the time the regulation became effective and was lawful at the time it was established.

NONCONFORMING USE — A use of a building or lot, which does not conform to a use regulation prescribed by this Bylaw for the district in which it is located, but which was in existence at the time the use regulation became effective and was lawful at the time it was established.

OFFENSIVE INDUSTRIAL OPERATIONS — The following activities are considered offensive industrial operations:

• Abattoir, stockyard, or establishment for the reduction of offal, garbage, or animal matter;

• Incinerator (except as operated by the town);

• Manufacture or storage of explosives or fireworks;

• Manufacture of cement or lime;

• Junk- or scrap yard, which shall mean a lot used for the storage of any worn-out, cast-off or discarded material ready for destruction or collected for salvage or conversion to some use, including also the storage in the open of secondhand, junk, or scrap material, i.e., the storage of any worn-out, cast-off or discarded material, ready for destruction or collected for salvage or conversion for some use or for sale;

• Truck terminal or intermediate transfer facility; or

• Any use that creates a hazard to safety and health in the community or danger of fire or explosion or that creates dust, smoke, odor, fumes, gas, vapor, fly ash, sewage, refuse, noise, or vibration, any of which are perceptible under normal conditions at any property line.

OLDER ADULT — For purposes of this Bylaw, older adult shall mean a person who is 62 years of age or older (see also, "Aging Population")

Associated Definitions:

Aging Population: Population having reached the age of 62 years or older.

Assisted Living Residence: A residential development subject to certification by the Executive Office of Elder Affairs under G.L. Chapter 19D section 1, defined as an entity, however organized, whether conducted for profit or not for profit, that meets all of the following criteria:

• Provides room and board;

• Provides assistance with activities of daily living and personal care services for three or more nonrelated adult residents; and

• Collects payments or third-party reimbursements from or on behalf of residents to pay for the provision of assistance.

Assisted Living Units: A unit in an assisted living residence designed for and occupied by one or two older adults per bedroom as their private living.

Congregate Living Facility: A noninstitutional, shared living environment that integrates shelter and service needs of older adults who are otherwise in good health and can maintain a semi-independent lifestyle and who do not require constant supervision or intensive health care as provided in an institutional setting. The facility shall not consist of separate dwelling units and each resident shall have an individual bedroom but shall share, with other residents of the facility, one or more of the following: kitchen facilities, dining facilities, or bathing facilities.

Congregate Housing: Dwelling units that provide private or communal living for older adults who ordinarily are ambulatory and require no (or limited) medical attention or supervision. Such units shall consist of a room or rooms forming a habitable unit for up to ten persons, with facilities used for living, bathing, cooking, eating, and private sleeping quarters.

Independent Living Unit: A private residential dwelling unit individually equipped with a minimum of a kitchen, bedroom, bathroom, and living area. This type of housing is for independently functioning older adults.

Restorative Care/Skilled Nursing Facility: Includes any institution that provides 24-hour skilled nursing care to older adults admitted for convalescent care, rehabilitative care, or long-term care. Programs may include additional professions such as physical therapy, occupational therapy, speech therapy, social services, and medical oversight. The Restorative Care/Skilled Nursing Facility must obtain all required permits and/or licenses required to operate such a facility and must be certified by the Executive Office of Elder Affairs or applicable State agency.

OPEN STORAGE OF SECOND-HAND, JUNK OR SCRAP MATERIAL — Storage in the open of second-hand or junk or scrap material, which shall mean storage of any worn-out, cast-off, or discarded material, ready for destruction or collected for salvage or conversion for some use or for sale.

OUTDOOR RECREATION CLUB OR CAMP — A club or camp facility operated in whole or in part as a commercial enterprise, provided that:

• The site contains at least 50 acres;

• The buildings, structures, paved areas other than driveways, and other intensively developed portions of the site shall be set back at least 100 feet from every street and property line; and

• Any commercial activities, other than participation in indoor recreation, shall be clearly incidental to the principal outdoor recreation uses.

PERSONAL SERVICE ESTABLISHMENT — A facility providing personal services such as hair salon, barber shop, tanning beds, print shop, photography studio, and the like.

PLANNED DEVELOPMENT — The development of land under Section 7.8.

PRINCIPAL USE — The primary or predominant use of any lot or parcel.

PROFESSIONAL HOME OFFICE — Office in a dwelling for the practice of a resident physician, lawyer, or dentist, provided that not more than three non-resident people are regularly employed there in a technical capacity, and that the use occupies not more than 33 1/3 percent of the total floor area of the dwelling.

RESTAURANT, DRIVE-IN — An establishment that provides service or sale of food or drink to customers while in their vehicles.

RESTAURANT, LIMITED SERVICE — A restaurant whose primary business is the sale of meals, food, or beverages for immediate consumption on or off the premises and served to the customer either by wait staff or packaged or presented in such a manner that it can readily be consumed outside the premises where it is purchased.

RESTAURANT, SIT-DOWN — An establishment where the principal activity is the service or sale of food or drink for consumption on premises.

RETAIL SALES ESTABLISHMENT — A facility selling goods which can include the sale of food and drink for consumption on or off the premises, but not otherwise specifically listed in the Table of Use Regulations; including the sale of merchandise other than retail if incidental to the operation of a retail establishment, including processing or assembly of merchandise when clearly accessory to sale of the merchandise on the premises.

SIGN — A sign shall consist of any of the following elements:

• Lettering, words, numerals, emblems, trademarks, logos, images, drawings, pictures, graphics, pennants, streamers, or other devices of any material or construction, however displayed, whether as an independent structure or as part of a building or other structure or object;

• Any visual device designed to inform, attract or draw the attention of persons outside the premises on which the device is located, including messages within or attached to windows and doors;

• Any exterior building surface that is internally illuminated or decorated with gaseous tubing, LED displays or back lighting.

Associated Definitions:

Attached Sign: A sign that is either attached parallel to the facade of a building, facing in the same direction as the facade, or displayed on the fixed canopy or awning of a building.

Awning: A fixed or retractable structure, whether made of canvas, plastic, metal, or other material, placed over a storefront, door, or window. For the purpose of Section 5.2 Signs, awnings shall not be considered a sign. Lettering, symbols, or graphic elements appearing on either the body or the valance of an awning (and not otherwise exempt) shall constitute an Attached Sign. The area of a sign displayed on an awning consists of the area encompassed by any lettering, symbols, or graphic elements distinct from the awning background color.

Commercial Sign: A sign that directly or indirectly describes or proposes a transaction involving the exchange of money or goods.

Double-sided Sign: A freestanding or projecting sign having two parallel opposite faces separated by a distance of not more than 12 inches. A sign with two opposite faces that are not parallel shall be considered a double-sided sign if the two faces are joined to each other, or to a common support structure, at one end, and the angle of separation between the two faces does not exceed 30 degrees.

Freestanding Sign: A sign that is supported by its own structure and is not attached to a building or other structure.

Internally Illuminated Sign: A sign that is illuminated by a light source internal to the sign. Signs having a light source that forms the exterior surface of the sign or all or part of the design elements, shall be considered to be internally illuminated.

Nonconforming Sign: A sign, including its support structure, that does not conform to the regulations prescribed in this Bylaw, but which was in existence at the time the regulations became effective and was lawful at the time it was installed or erected.

Portable or Removable Sign: A sign of any shape or configuration that is self-supporting and not fixed or mounted to the ground or to another structure.

Projecting Sign: A sign mounted perpendicular to the building facade.

Sign Area: The area of the smallest horizontal or vertical rectangle enclosing the entire display area of the sign. The display area of a sign is the entire area, different in color or composition from the facade or common trim of the building, used to frame or provide a background for the sign. The display area may contain open space and irregular shapes if they are part of the sign. The display area shall also include internally illuminated, backlit or decoratively lighted sign support structures if such elements are present. The area of double-sided signs shall be calculated using the area of only one face of the sign.

Sign Height: The distance measured from the ground level at the base of the sign to the top of the sign or support structure, whichever is higher. For freestanding signs, the land under or surrounding the sign may not be built up or elevated to reduce the calculated height of the sign.

Sign Support Structure: Any device, such as a pole, bracket, or post, used to support a sign. The sign support structure shall be excluded from the calculation of the sign area if it contains none of the elements described in the definition of Sign above, and, for freestanding signs, the total width of the support structure is less than 25 percent of the width of the supported sign.

SOLAR CARPORT SYSTEM — A ground-mounted solar energy system that provides cover or shade for parking or pedestrian areas.

SOLAR ENERGY SYSTEMS — A system of devices and/or structures whose primary purpose is to transform solar energy into another form of energy or to transfer heat from a collector to another medium using mechanical, electrical, or chemical means. Includes solar photovoltaic systems, which convert solar energy to electricity, and solar-thermal collectors, which heat water.

• Small-Scale: Having 1,750 square feet or less of solar panel area, except within the SRA and SRB Districts the solar panel area is limited to 1,000 square feet or less, including solar carport systems.

• Medium-Scale: Having more than 1,750 square feet of solar panel area, or more than 1,000 square feet in Districts SRA and SRB and not more than 25,000 square feet, including solar carport systems.

• Large-Scale: Having more than 25,000 square feet of solar panel area, including solar carport systems. A large-scale system can be a primary use or an accessory use.

STORY — That portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion if more than 1/2 that portion is below the mean finished grade of the ground adjoining the building.

STORY, HALF — A partial story under a gable or gambrel or hip roof, the wall plates of which on any two sides do not rise more than four feet above the floor of such partial story.

STREET — An accepted Town way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the subdivision control law, or a way determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve the land and the buildings located on it.

STRUCTURE — Any combination of matter composed of parts or materials assembled and joined or mixed together in some definite manner by pattern or human action at a certain location for whatever purpose or use, whether or not affixed to the land. "Structure" shall include, but not be limited to, swimming pools, tennis courts, sports courts, and courts for athletic and recreational activity and the equipment and paraphernalia associated with any such court but shall not include fences, garden walls, and paved areas used solely for vehicular or pedestrian access or both.

SWIMMING POOLS — All swimming and wading pools whether excavated or aboveground, excluding portable pools of less than eight feet in diameter or in greatest horizontal dimension and with the capability of retaining a depth of no more than one foot of water.

TEMPORARY AND SEASONAL PLACEMENT OF TABLES AND CHAIRS AND RETAIL FIXTURES — The temporary and seasonal placement of tables and chairs or retail fixtures and products outside a permitted commercial structure for the convenience of patrons as a use incidental and accessory to a permitted food or retail sales establishment where the principal activity is the service or sale of food for consumption on or off the premises, or the retail sale of merchandise. Outdoor tables and chairs or retail fixtures shall not interfere with pedestrian access or access for emergency purposes.

TEMPORARY USE OF RESIDENTIAL PREMISES FOR SALE OF CRAFTS — The temporary use of residential premises for sale of crafts subject to a permit issued by the Building Department for up to two consecutive days only and limited to two permits per calendar year for any given premises.

WAREHOUSE — A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.

WATER BODY OR WATERCOURSE — Any natural or man-made stream, pond, lake, wetland, or other body of water, including wet meadows, marshes, swamps, bogs, and areas where groundwater, flowing or standing surface water, or ice provides a significant part of the supporting substrate for a plant community for at least five months of the year, as further defined in the Wetlands Regulations (310 CMR 10.00), as amended.

WAY — Includes public ways, ways accepted by the Town, ways that the Town Clerk certifies are maintained and used as public ways, and ways approved by the Planning Board.

WIND-ENERGY CONVERSION SYSTEM — A device that converts wind energy to mechanical or electrical energy.

WIRELESS COMMUNICATIONS FACILITIES — Facilities used for the principal purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, personal wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. The facilities shall include towers, antennae, antennae support structures, panels, dishes, and accessory structures.

YARD, FRONT — An open space extending across the full width of the lot between the way on which the principal building thereon fronts and the nearest point of any building on the lot.

YARD, REAR — An open space extending the full width of the lot between the rear lot line and the nearest point of the principal building on the lot.

YARD, SIDE — An open space extending from the front yard to the rear yard between a side lot line and the nearest point of any building on the lot.