Ashland City Zoning Code
SECTION 10
0 DEFINITIONS
In this by-law, 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 by-law. 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 Commonwealth of Massachusetts state building code shall have the meaning given therein unless a contrary intention is clearly evident in this by-law.
A measurement of height from the average grade of a site around the perimeter of the base of the structure to the highest point of a structure.
[Amended 11-19-2013 STM, Art. 22]
A subordinate building located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.
A building not attached to any principal building or a use customarily incidental to and located on the same lot with the principal building or use, except that if more than twenty-five percent (25%) of the floor area or fifty prcent (50%) of the lot area is occupied by such use, it shall no longer be considered "accessory."[1]
A dwelling unit contained with or an extension of a single-family structure to accommodate an additional family related by blood, marriage or adoption or sixty (60) years of age or older. The "accessory family dwelling unit" shall be no greater than twenty-five percent (25%) of the floor area of the principal dwelling or eight hundred (800) square feet in total floor area, whichever is greater.
Any sign that, with respect to the premises on which it is erected, advertises or indicates one (1) or more of the following and which contains no other advertising matter: the person occupying the premises or the business transacted on the premises; or the sale or letting of the premises or any part thereof.
[Amended 11-19-2013 STM, Art. 22]
Shall include and be defined as follows:
Adult Bookstore — 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 Chapter 272, Section 31, M.G.L. For purposes of this definition, "substantial or significant portion of stock" shall mean more than twenty-five (25) percent of the subject establishment's inventory or more than twenty-five (25) percent of the subject premises' gross floor area. | |
Adult Live Nudity Establishment — An establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in Chapter 272, Section 31, M.G.L. and which excludes minors by virtue of age. | |
Adult motion picture theater — 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 Chapter 272, Section 31, M.G.L. | |
Adult Paraphernalia Store — 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 Chapter 272, Section 31, M.G.L. For purposes of this definition, "substantial or significant portion of stock" shall mean more than twenty-five (25) percent of subject premises' gross floor area. | |
Adult Video Store — An establishment having as 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 Chapter 272, Section 31, M.G.L. For purposes of this definition, "substantial or significant portion of stock" shall mean more than twenty-five (25) percent of the subject premises' gross floor area. |
One (1) of two (2) or more residential buildings having a common party wall separating dwelling units owned or occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who may be under fifty-five (55) years of age, unless otherwise qualifying as a handicapped adult.
[Amended 11-19-2013 STM, Art. 22]
A residential building containing not more than one (1) dwelling unit and entirely surrounded by open space on the same lot owned or occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who may be under fifty-five (55) years of age, unless otherwise qualifies as a handicapped adult.
[Amended 11-19-2013 STM, Art. 22]
A building or portion thereof used for occupancy by individuals living independently of each other and containing three (3) or more dwelling units owned or occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who may be under fifty-five (55) years of age, unless otherwise qualifying as a handicapped adult.
[Amended 11-19-2013 STM, Art. 22]
Agricultural use of property not exempted by G.L. c. 40A, s. 3.
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 (1) location or position to another.
Energy shall include solar, wind, hydro (rivers), and geothermal (hot springs), that can replace or supplement traditional fossil fuel sources such as coal, oil, and natural gas. It is energy derived from sources that do not use up natural resources or harm the environment.
[Added 5-5-2010 ATM, Art. 22]
Include, but are not limited to, the following: manufacturing of solar panel production, wind turbine or hydro turbine production, and fuel cell production.
[Added 5-5-2010 ATM, Art. 22]
Include, but are not limited to, the following: Research & Development Facilities used for research intended to enhance geothermal systems, research related to advance battery systems.
[Added 5-5-2010 ATM, Art. 22]
Capable of walking independently or of personal mobility aided by mechanical means or staff (aide) assistance; not bedridden.
Premises for raising, harboring or care of domestic animals for a fee.
The surface from which wireless radio signals are sent and received by a Wireless Communications Facility.
[Amended 11-19-2013 STM, Art. 22]
The legal or beneficial owner or owners of any land proposed within the Mixed Use Special District.
Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with local zoning bylaws. Projects cannot be prohibited, but can be reasonably regulated by the Inspector of Buildings or the Site Plan Review as authorized by this bylaw.
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
Physical support, aid or assistance with bathing/bathroom use, dressing, grooming, ambulation, eating, self-administered medication management, or other similar tasks.
Facility licensed pursuant to G.L. c. 19D.
Includes any structure made of cloth or metal or a frame attached to a building and projecting there from and possibly carried by frames supported at grade level.
[Amended 11-19-2013 STM, Art. 22]
A temporary sign consisting of lightweight flexible material, which is supported by a frame, ropes, cables, wires or other anchoring devices.
[Amended 11-19-2013 STM, Art. 22]
That portion of a building which is partly or completely below grade.
A house or portion thereof where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
Any habitable room in a dwelling, other than a living room, dining room, kitchen, utility room or bathroom, if such room exceeds seventy (70) square feet. Any dwelling unit in which no such room exists shall be construed to contain one (1) "bedroom."
Bedroom, Rail Transit District — A room providing privacy intended primarily for sleeping and consisting of not less than 70 square feet. A bedroom, for purposes of 310 C.M.R. 15.002, shall constitute a bedroom for purposes of the Rail Transit District. A one bedroom unit shall be permitted to have one Bedroom in addition to the kitchen, living/dining room, Study (as defined below) and bathrooms; a two bedroom unit shall be permitted to have two Bedrooms in addition to the kitchen, living/dining room, Study (as defined below) and bathrooms.
[Amended 11-19-2013 STM, Art. 22]
A building used for lodging between five (5) and fifteen (15) individuals, with or without meals, for compensation, with the owner resident on the premises.
Methods intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another. Such techniques may include planting of greenery (including trees), fencing, walls, hedges, or other features.
Any structure or parts thereof, enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed having a roof or similar covering, whether or not permanent in nature, to form a structure for the shelter of persons, animals or property.
That percentage of the lot or plot area covered by the roof area of a building or buildings.
A wall sign listing names, times, uses and locations of various services, offices or activities within a building and which is intended to be read at close proximity.
[Amended 11-19-2013 STM, Art. 22]
The vertical distance from the grade plane to the average height of the highest roof surface.
A building in which is conducted the main or principal use of the lot on which said building is situated.
A single commercial or industrial enterprise which may occupy one (1) or more buildings or a portion thereof. See also "shopping center."
A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise.
A Wireless Communications Facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged."
[Amended 11-19-2013 STM, Art. 22]
A portable dwelling, eligible to be registered and insured for highway use, designed to be used for travel, recreational and vacation uses, but not for permanent residence; and includes equipment commonly called "travel trailers," "pickup coaches" or "campers," "motorized campers" and "tent trailers," but not mobile homes.
Premises used for travel trailers, campers or tenting or for temporary overnight facilities of any kind where a fee is charged.
Facilities operated on a seasonal basis for a continuing supervised recreational, health, educational, religious and/or athletic program, with persons enrolled for periods of not less than one (1) week and with group dining if overnight accommodations are included.
A company that provides wireless services.
[Amended 11-19-2013 STM, Art. 22]
Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
A day care center or school age child care program, as those terms are defined in G.L. c. 28A, s. 9.
Removal or causing to be removed, through either direct or indirect actions, trees, shrubs, and/or topsoil from a site, or any material change in the use or appearance of the land. Actions considered to be clearing include, but are not limited to: causing irreversible damage to roots or trunks; destroying the structural integrity of vegetation; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage.
[Amended 11-19-2013 STM, Art. 22]
Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.
The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
[Amended 11-19-2013 STM, Art. 22]
A building or group of buildings containing guest units providing transient accommodations to the general public for compensation, and as an accessory use not more than a single dwelling unit; includes hotel, motel, tourist home, boardinghouse and lodging house.
A structure for recreational, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance. Places of assembly shall include theatres, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
Drive-in theatre, golf course/driving range, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this By-Law.
Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.
Any institution licensed as a nursing, convalescent or rest home or charitable home for the aged by the Department of Public Health pursuant to M.G.L.A. C. 3, § 71.
A retail sales food and beverage store that may sell prepackaged, frozen, chilled or sealed foods and meals to be heated and eaten, generally off the premises.
Primarily a retail facility for the reproduction and copying of printed material or drawings. This does not include sign shops, printing establishments, or similar large scale operations.
[Added 5-5-2010 ATM, Art. 25]
A low mount that has three panels flush mounted or attached very close to the shaft.
[Amended 11-19-2013 STM, Art. 22]
A preliminary plan showing the proposed use of all areas within the Wildwood Mixed Use Special District.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, excavation or drilling operations.
A freestanding, projecting or arcade sign with two (2) virtually identical faces which are back-to-back and not more than eighteen (18) inches apart.
[Amended 11-19-2013 STM, Art. 22]
An establishment in which part of the business transacted is conducted by a customer in or on a vehicle.
[Added 5-7-2014 ATM, Art. 25]
An establishment in which part of the business transacted is conducted by a customer in or on a vehicle.
[Added 5-7-2014 ATM, Art. 25]
[Amended 11-19-2013 STM, Art. 22]
Dwelling — A building or part thereof designed and occupied as the living quarters of one (1) or more families. Single- and two-family dwellings shall be designed for and occupied by not more than one (1) or two (2) families, respectively. A multifamily dwelling shall be one designed for and occupied by three (3) or more families.
Dwelling, multifamily or apartment — A structure containing three (3) or more dwelling units, irrespective of ownership or tenure.
Dwelling, multi-family, for rent, Rail Transit District — A building or portion thereof (Single Apartment) used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units.
Dwelling, single family — Premises accommodating a single dwelling unit.
Dwelling unit — A building or portion of a building providing living quarters for a single family and up to four (4) boarders.[2]
Extraction of sand, gravel, top soil, or other earth for sale or for use at a site removed from the place of extraction exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved definitive plan, and exclusive of granite operations.
[Amended 11-19-2013 STM, Art. 22]
Educational facilities not exempted from regulation by G.L. c. 40A, s. 3.
Any entity, organized for profit, which meets the following criteria:
provides room and, as applicable, either full or partial board; and,
provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not own or control, personal care services for three (3) or more adults who are not related by blood relationship or affinity to their care provider; and,
collects payments 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; and,
provides, or arranges access to services and facilities including, but not limited to, the following; meeting rooms, laundry rooms, gardening, exercise rooms and recreational areas, restaurants/snack bars, libraries, offices, health practitioner services for diagnosis and out-patient services for residents only, self-administered medication management, meals, common or private dining facilities, physical therapy facilities, social activities, barber/beauty services, transportation for medical and recreational purposes, assistance with activities of daily living and such other common areas or additional services for residents as may be desirable.
A sign with a fixed or changing display/message that includes alphabetic, pictographic, or symbolic informational content that is composed of a series of lights or electrically illuminated segments that may be changed through electronic/computer means. A time and/or temperature sign shall not be considered an electronic message board sign.
[Amended 11-19-2013 STM, Art. 22]
An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a Wireless Communications Facility is placed in certain designated areas.
[Amended 11-19-2013 STM, Art. 22]
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
[Amended 11-19-2013 STM, Art. 22]
To build, construct, reconstruct, move upon, or conduct any physical development of the premises required for a building; to excavate, fill, drain, and the like preparation for building shall also be considered to erect.
Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems whether underground or overhand, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith.
The area on the ground within a prescribed radius from the base of a Wireless Communications Facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
[Amended 11-19-2013 STM, Art. 22]
Any number of individuals living and cooking together on the premises as a single nonprofit housekeeping unit.
Any private residence operating a facility as defined in G.L. c. 28A, s. 9.
Facility for the sale of produce, wine and dairy products on property not exempted by G.L. c. 40A, s. 3.
The act of transporting or placing (by any manner or mechanism) material from, to, or on any soil surface or natural vegetation.
[Amended 11-19-2013 STM, Art. 22]
A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique and may include selling goods at retail by businesses or individuals who are generally engaged in retail trade. Flea markets are conventional, permanent profit seeking businesses that require all local permits and licenses.
Expressed as a whole number and/or decimal, the division of gross floor area of all buildings within the development by the development parcel area.
Expressed as a whole number and/or decimal, the division of the gross floor area of all buildings on a lot by the area of the lot.
Expressed as a whole number and/or decimal, the division of the gross floor area of all buildings on a lot or parcel by the area of such lot or parcel.
Any sign supported by one (1) or more uprights, braces or poles or placed directly on the ground and not attached to a building.
[Amended 11-19-2013 STM, Art. 22]
Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging.
[Amended 11-19-2013 STM, Art. 22]
Facility for the conducting of funerals and related activities such as embalming.
A facility providing general service including, but not limited to, small engine repair, small appliance repair, upholstery or furniture repair, catering, bicycle repair shop, sales office and the like.”
[Amended 5-5-2010 ATM, Art. 25]
A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.
Any excavating, filling, clearing, or the creation of impervious surface, or any combination thereof, which alters the existing surface of the land.
[Amended 11-19-2013 STM, Art. 22]
The total area of all floors of a structure computed using the outside walls of the unit in accordance with the State Building Code.
Water beneath the surface of the ground, whether or not flowing through known and definite channels.
The zoning district defined to overlay other zoning districts in the Town of Ashland. The groundwater protection district may include specifically designated recharge areas.
A room or suite of rooms in commercial accommodations (hotel, motel, tourist home, boardinghouse or lodging house) suitable for separate rental. Any unit containing a stove and either or both a refrigerator or a kitchen sink shall be considered a dwelling unit.
A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
[Amended 11-19-2013 STM, Art. 22]
A business or profession engaged in within a dwelling by a resident thereof as a use accessory thereto.
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other physical or mental conditions and including, as an integral part of the institution, related facilities, including laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
The illumination of a sign by a light source based outside the sign directed at the sign.
[Amended 11-19-2013 STM, Art. 22]
The illumination of a sign by a light source from within the enclosed area of the sign itself.
[Amended 11-19-2013 STM, Art. 22]
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
Any hard-surfaced man-made area that does not readily absorb or retain water, or other fluids, including, but not limited to buildings, parking areas, driveways, roads, sidewalks, paved recreation areas, and any areas in concrete or asphalt. For purposes of Section 8.4, the area of the MBTA Site Access Drive, the area associated with the parking lot of the MBTA station and the area of the "Superfund" cap shall not be deemed to constitute Impervious Surface.
[Amended 11-19-2013 STM, Art. 22]
Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.
The use of any area or any lot, whether inside or outside of a building, for the storage, keeping, or abandonment of junk, scrap or discarded materials, or the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or parts thereof.
A commercial establishment in which more than three (3) dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold located on at least five (5) acres of land.
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
[Amended 11-19-2013 STM, Art. 22]
Waste materials, including solid wastes, sludge, sewage and pesticide and fertilizer wastes capable of releasing waterborne contaminates to the environment.
A company authorized by the FCC to construct and operate a commercial mobile radio services system.
[Amended 11-19-2013 STM, Art. 22]
Fabrication, assembly, processing, finishing work or packaging.
A continuous parcel of land with legally definable boundaries.
The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least ninety percent (90%) of the lot area required for zoning compliance shall be land other than that under water nine (9) months or more in a normal year, other than any marsh, swamp or flat bordering on inland waters and other than land within utility transmission easements.
Percentage of total lot area covered by structures or roofed.
That portion of a lot fronting upon and having access to a street, measured continuously along one (1) street line between side lot lines or, in the case of corner lots, between one (1) side lot line and the midpoint of the corner radius. However, for lots on the outer side of a curved street, "lot frontage" may, at the owner's option, be measured at the required setback line, provided that seventy-five percent (75%) of the requirement is met at the street line.
A line dividing one (1) lot from another, or from the street or any public place.
A living tree with a trunk diameter of at least six inches measured 24 inches above ground level.
[Amended 11-19-2013 STM, Art. 22]
A roof having two (2) slopes on all four (4) sides, with the lower slope almost vertical and the upper slope almost horizontal.
[Amended 11-19-2013 STM, Art. 22]
The lower slope of a mansard roof.
[Amended 11-19-2013 STM, Art. 22]
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, sales and distribution of such products.
A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
A not for profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.
[Added 11-19-2013 STM, Art. 16; amended 11-19-2013 STM, Art. 22]
A transitional level or levels between the floor and ceiling of any story of a structure containing an aggregate floor area of not more than 33% of the room in which the level or levels are located. Such mezzanine/loft shall not contribute to a "number of stories" determination of any structure, so contained. A mezzanine/loft shall be open and unobstructed to the room in which it is located except for walls not more than forty-two (42) inches high, columns and posts. Such mezzanine/loft shall not be utilized as bedroom quarters, except for provisioning for live-in nursing or other persons licensed to provide health-care services to any occupant. (Refer to definition of "BEDROOM" contained in this section).
The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
A movable or portable dwelling built on a chassis designed for connection to utilities when in use, and designed, without necessity of a permanent foundation, for year-round living.
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
[Amended 11-19-2013 STM, Art. 22]
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 such hotel or motel has independent cooking facilities, such unit shall not be occupied by any guest for more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a continuous four-month stay, nor may the guest stay more than six (6) months in any calendar year. No occupant of such hotel or motel may claim residency at such location.
An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but does not include the storage vehicles for the cannibalization of parts.
Premises for the servicing and repair of autos, but not to include fuel sales.
Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.
The structure or surface upon which antennas are mounted, including the following four types of mounts:
[Amended 11-19-2013 STM, Art. 22]
Facilities owned or operated by the Town of Ashland.
A facility owned or operated by the Town of Ashland under the provisions of M.G.L.A. C. 111, § 150A, but shall not include the collection, treatment, storage, burial, incineration or disposal of hazardous waste, as defined by the Division of Hazardous Waste under M.G.L.A. C. 21(c), or of radioactive waste, including low-level radioactive waste as defined in Section 11e(2) of the Atomic Energy Act of 1954.
Any billboard, sign or other advertising device that does not come within the foregoing definition of an "accessory sign."
[Amended 11-19-2013 STM, Art. 22]
A parcel of land which does not conform to the presently applicable lot frontage and/or lot area requirements of the Zoning Chapter.
A sign or sign structure which was existing on the effective date of the most recent bylaw amending this chapter, which would not now be permitted.
A use of land or a structure which does not conform to the presently applicable regulations of the Zoning Chapter for the district in which the structure or land is located.
Staffing, facilities and programs which may include personal care services, recreational facilities and common dining facilities that are provided to individuals who are fifty-five (55) years of age or older and/or to disabled adults, who do not reside in elderly assisted living residences, which are made available to such persons for a fee, on a daily or part time basis.
Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
A thin rod that beams and receives a signal in all directions.
[Amended 11-19-2013 STM, Art. 22]
Lot area not covered by any structure other than a swimming pool and not used for drives, parking or storage, but including balconies and any roof area developed for recreation. If not part of a structure or paved, it shall be kept stabilized with vegetative cover, pine needles, bark or other organic materials.
The land in the Rail Transit District (RTD) not covered by any structures other than a swimming pool and not used for drives, parking or storage, but including any roof area developed for recreation as well as paved, groomed or maintained trails or recreation walkways or bicycle paths. If not part of a structure or paved, it shall be kept stabilized with vegetative cover, pine needles, bark or organic materials. Any areas dedicated to (a) a golf course use (except areas covered by structures); and (b) any area subject to the jurisdiction and review of the United States Environmental Protection Agency ("EPA"), Massachusetts Department of Environmental Protection ("DEP") or future successor agencies exercising similar jurisdiction including those areas identified as "Operable Unit I" and "Operable Unit III" in the EPA documentation by and between various property owners and the EPA and/or DEP shall be considered Open Space. This definition shall be applicable only to land governed by Section 8.4.
[Added 11-19-2013 STM, Art. 22]
A flat surface antenna usually developed in multiples.
[Amended 11-19-2013 STM, Art. 22]
A structure which is accessory to a commercial or industrial establishment and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such an establishment.
Space adequate to park an automobile, not less than nine by twenty (9 x 20) feet, plus means of access. Where spaces are not marked, each space shall be assumed to require three hundred fifty (350) square feet.
A facility providing personal services including, but not limited to, hair salon, shoe repair, tailor, nail salon, dry cleaning, and photography studio.
[Amended 5-5-2010 ATM, Art. 25]
A temporary sign relating to the election of a person to public office, or a political party or a matter to be voted upon at an election called by a duly constituted public body.
[Amended 11-19-2013 STM, Art. 22]
A sign not permanently affixed to the ground, a building or other structure, including, but not limited to, signs designed to be transported by wheels.
[Amended 11-19-2013 STM, Art. 22]
Primarily an industrial establishment in which the principal business consists of duplicating and printing services using blueprint, or offset printing equipment, including publishing, binding and engraving.
[Added 5-5-2010 ATM, Art. 25]
The property or properties designated as such by majority vote of Town Meeting and subsequent approval of the Interagency Permitting Board established by G.L. c. 23A, § 62, all pursuant to G.L. c. 43D, now being identified in the Assessor’s records as Map 13, Lot 85 and Map 15, Lot 12. Final action on application(s) relating to the use or development of the Priority Development Site (PDS), or the buildings and/or structures thereon, shall be taken within one hundred eighty (180) days, subject to extension as per G.L. c. 43D and 400 CMR 2.00, et seq.
[Added 5-5-2010 ATM, Art. 17]
Any sign attached in a plane approximately perpendicular to the surface of a building or other structure.
[Amended 11-19-2013 STM, Art. 22]
Housing operated by a public body created pursuant to M.G.L.A. C. 121B, § 3, as amended, or corresponding provisions of earlier laws and reserved for occupancy by persons sixty-two (62) years or older.
A system for the provision to the public of piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such a system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies.
[Amended 11-19-2013 STM, Art. 22]
The emissions from Wireless Communications Facilities.
[Amended 11-19-2013 STM, Art. 22]
The maximum rated output of electric power production of the photovoltaic system in Direct Current (DC).
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III, or areas in the Groundwater Protection District designated in the Town of Ashland lying within one thousand (1,000) feet of the Town's existing and potential well sites.
A vehicle or vehicular attachment with or without motive power designed for temporary sleeping or living quarters for one (1) or more persons, which is not a dwelling and which may include a pickup camper, travel trailer, beach buggy and motor home.
Energy generated from natural resources such as sunlight, wind, rain, and geothermal heat, which are naturally replenished. Renewable energy is natural, which does not have a limited supply. Renewable energy can be used again and again, and will never run out. Renewable energy sources include hydro, geothermal, solar, tidal wave, and wind.
[Added 5-5-2010 ATM, Art. 22]
Are those used primarily for research, development and/or testing of innovative information, concepts, methods, processes, materials, or products. This can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and or optical components in advance of product manufacturing. The accessory development, fabrication, and light manufacturing of prototypes, or specialized machinery and devices integral to research or testing may be associated with these uses.
[Added 5-5-2010 ATM, Art. 22]
Zoning districts in the Ashland Zoning bylaw and indicated on the Zoning Map of Ashland which do not allow commercial or industrial uses by right.
[Amended 11-19-2013 STM, Art. 22]
"Resident" shall mean an individual fifty-five (55) years of age or older and/or a disabled adult. If residence is occupied by a married couple, one (1) spouse may be under fifty-five (55) years of age. If unmarried, residents shall otherwise meet the qualifications for "Family," as regulated by § 10.0. Definitions.
A building, or portion thereof, containing tables and/or booths for at least two-thirds (2/3) of its legal capacity, which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include "fast food establishments."
An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building, in the parking lot or off premises and usually requires ordering food at a counter or a drive-through window.
[Amended 5-7-2014 ATM, Art. 25]
A facility selling goods but not specifically listed in the Table of Use Regulations.
Any sign constructed of durable materials which has two (2) identical, flat faces, and which is designed to be displayed on the ground. For the purposes of Section 5.3, a "sandwich sign" shall not be considered a portable sign or a temporary sign.
[Amended 11-19-2013 STM, Art. 22]
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
[Amended 11-19-2013 STM, Art. 22]
Reminding residents to take medication, opening containers for residents, opening pre-packaged medication for residents, reading the medication label to residents, observing residents while they take medication, checking the self-administered dosage against the label of the container and reassuring residents that they have obtained and are taking the dosage as prescribed.
A residential development of one-story homes, with certain amenities, specifically designed for the active, independent older person and/or adult handicapped. It is not intended that a recreational-type vehicle be used or occupied as accessory to any dwelling unit. Such development shall be operated and maintained in all respects in compliance with all statutes and regulations/conditions promoted, herein.
The distance between one carrier's array of antennas and another carrier's array.
[Amended 11-19-2013 STM, Art. 22]
The distance between a front, rear, or side lot line and the line of a building or projection thereof, measured on a line perpendicular to the lot line.
A ground-level commercial development of four (4) or more retail sales and service establishments on one (1) acre or more of land in a single parcel of common ownership, providing multiple tenancy of a single or several large common structures and being of a single development or of several phases of a single comprehensive development.
[Amended 11-19-2013 STM, Art. 22]
Displays of merchandise, pictures, posters, prices, promotional statements, etc., designed and intended for view by pedestrians standing in front of the show window.
[Amended 11-19-2013 STM, Art. 22]
Any object, letter, figure, design, symbol, artistic display, trademark, flag, illumination or other device intended to call attention to or identify a place, subject, person, firm, business, performance, article, machine or merchandise. Individual types of signs are defined in Section 5.3. The following, however, shall not be considered "signs" within the context of this chapter:
(1) | Flags and insignia of any government except when displayed in connection with commercial promotion; |
(2) | Legal notices or informational signs erected or required by government bodies; |
(3) | Temporary signs erected for a charitable or religious cause; |
(4) | Temporary signs inside display windows covering, in aggregate, not more than ten percent (10%) of the window area, illuminated by building illumination only; |
(5) | Standard gasoline pumps bearing thereon in usual size and form the name, type and price of gasoline; |
(6) | Integral, decorative or architectural features of a building, except letters, trademarks, moving parts or parts internally illuminated or decorated with gaseous tube or other lights; |
(7) | Signs guiding and directing traffic and parking, not exceeding two (2) square feet in area and bearing no advertising matter; |
(8) | Holiday decorations; |
(9) | Interior building signs not intended for view from the street; |
(10) | Name and address plates, not to exceed two (2) square feet in area; and |
(11) | Vending machine signs and credit card signs, the latter not to exceed one (1) square foot in area. |
The surface area within a single continuous perimeter enclosing all the display area of the sign, but not including structural members not bearing advertising matter unless internally or decoratively lighted. One (1) side only of flat, back-to-back signs shall be counted.
[Amended 11-19-2013 STM, Art. 22]
The difference in height between the elevation of the established or proposed grade level beneath the sign and the elevation of the uppermost extremity of the sign structure.
[Amended 11-19-2013 STM, Art. 22]
The renewal, painting, repair or cleaning of an existing sign which retains the same sign information items, colors, composition, location and structure as the original.
[Amended 11-19-2013 STM, Art. 22]
Any assembly of materials which supports a sign and which is not an integral element of a wall or building.
[Amended 11-19-2013 STM, Art. 22]
A plan submitted to the Planning Board in compliance with the accepted design concept plan. This plan shall contain information as required by site plan review and shall contain all covenants related to use, location and bulk of buildings and other structures. In addition, there shall be depiction of the use or density of development, side streets, walks, bike paths, parking facilities, open space and other public facilities.
Site development plan, Rail Transit District — A plan submitted to the Planning Board in compliance with the accepted Use Plan. Submission of a Site Development Plan shall be required by the Applicant for any development in the Rail Transit District (RTD). The Site Development Plan shall contain information as required herein, site plan review, and all covenants related to use, location and bulk of buildings and other structures. In addition, there shall be depiction of the use and density of development, roadways, sidewalks, bike paths, parking facilities, open space and other public facilities. The approval of the Site Development Plan shall include such conditions and findings as deemed necessary by the Planning Board which shall be consistent with the intent of Section 8.4, a certain Covenant granted by the property owner with respect to the property comprising the Rail Transit District (RTD), and the Site Plan Rules and Regulations of the Planning Board. The approval by the Planning Board of any Site Development and Use Plan shall be binding upon the proponent, subject to the proponent's rights of appeal under state and local laws and regulations. Where a Site Development Plan is required in connection with the development of a Priority Development Site (PDS) located within the Rail Transit District (RTD), the submittal and review of such Plan shall be in accordance with the provisions of Section 9.4 of these By-laws, as applicable to PDS.
[Amended 5-5-2010 ATM, Art. 17; 11-19-2013 STM, Art. 22]
Review by the Planning Board to determine conformance with local zoning bylaws.
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
A small restaurant-type facility serving pre-packaged snacks, and/or simple/easily prepared light meals and beverages.
Refuse transfer station, composting plant, solid waste recycling operation and any other works or use approved by the Massachusetts Department of Public Health and the Board of Health of the Town of Ashland for processing, handling, treating, and disposing of solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items, and sludge but not raw sewage, and similar waste items.
For purposes of Section 8.4, the Planning Board.
[Amended 11-19-2013 STM, Art. 22]
The Special Permit Granting Authority (SPGA) for Wireless Communications Facilities shall be the Planning Board.
[Amended 11-19-2013 STM, Art. 22]
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
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 erected or to be erected thereon.
Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something located on the ground; swimming pools having a capacity of four thousand (4,000) gallons or more; and mobile homes, but not including elements not more than twenty-four (24) inches in height or walls, fences or customary yard accessories, excluding windmills, radio transmitters/receivers, (ham radio stations), satellite television receiving dishes, structures and elements, which require positioning within minimum yard requirements are excluded and may be permitted on special permit by the Zoning Board of Appeals.
A Study shall mean an area not containing a closet and not separated from surrounding areas by a door (i.e., open to surrounding areas so as not to provide privacy) and having a minimum opening to surrounding areas of not less than six feet in width and not less than seven feet in height.
[Amended 11-19-2013 STM, Art. 22]
An establishment whose principal business is the practice of body piercing or tattooing. Body piercing is defined as the puncturing or penetrating the skin of a client with pre-sterilized single-use needles and insertion of pre-sterilized jewelry or other adornment into the opening exclusive of ear piercing. Tattooing is defined as any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin or mucosa. (Refer to Chapter 295 [Body Art] in the Code of the Town of Ashland.)
[Added 5-5-2010 ATM, Art. 25]
Any sign, banner, valance or advertising display which may easily be dismantled or removed and which can feasibly be displayed for a limited period of time in any one (1) location, except sandwich signs or portable signs.
[Amended 11-19-2013 STM, Art. 22]
A structure without any foundation or footings to be removed within a twelve-month time period. Said structure shall conform to the requirements of the Table of Dimensional Requirements and shall receive a permit from the building inspector.
Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Ashland. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (MGL) Chapter 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use. For the purposes of this section, they also include, without limitation, substances defined in Section 101(14) of the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980.
A dwelling in which, as an accessory use, rooms are rented to more than four (4) but fewer than ten (10) persons.
As defined in and part of a Rail Transit District (RTD) and with the uses permitted in Section 8.4.14, herein.
[Amended 11-19-2013 STM, Art. 22]
Terminal facilities for handling freight with or without maintenance facilities.
The front of any shopping center, multiple-tenancy structure or group of two (2) or more adjacent buildings under one (1) ownership or joint control, which have a consistent appearance in terms of design, color scheme, illumination, materials and areas designated for signs.
[Amended 11-19-2013 STM, Art. 22]
A preliminary plan of the proposed uses of all land areas within a Rail Transit District.
[Amended 11-19-2013 STM, Art. 22]
The sale of any merchandise or goods from a fixed location upon privately owned property not within any permanent building or structure designed for the sale of such goods. The term "open air vending" shall specifically include the sale of merchandise or goods from stands, stalls, vehicles, tents and all other sales not within a permanent structure. The term "sale" is herein defined as the actual transfer of goods or merchandise. The term "open air vending," however, shall not include activity of itinerant vendors who continuously move about from place to place and who do not occupy any particular parcel of private property as a permanent or stationary place for the conduct of their business.
Any device for carrying passengers, goods, or equipment, usually one moving on wheels or runners, as a car, truck, trailer, bus or sled.
Any sign affixed directly to or suspended from a wall, marquee, mansard wall or parapet wall of a building, with the exposed face of the sign in a plane approximately parallel to the face of the wall and extending from it less than twelve (12) inches. A "wall sign" may be either of one-piece construction or of individual letters or symbols. A "wall sign" may also be attached to a wall or to the vertical or nearly vertical surface of an awning or canopy which is permanently affixed to a building.
[Amended 11-19-2013 STM, Art. 22]
A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.
A water supply drainage basin.
An area within which all overland and subsurface water flows to a common body of water associated with a water supply or a potential water supply.
Any permanent or temporary sign which can be read from a public street or a parking lot, and which is placed on the outside or inside face of a glass window or within a distance of two (2) feet inside the window. Show window displays are not included.
[Amended 11-19-2013 STM, Art. 22]
The three types of services regulated by this Bylaw. Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services are the FCC Personal Wireless Services as described in the Telecommunications Act of 1996.
[Amended 11-19-2013 STM, Art. 22]
Facility for the provision of wireless communications, as defined by the Telecommunications Act.
[Amended 11-19-2013 STM, Art. 22]
A structure (with antennas, if any) chosen to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.
A space open to the sky, located between a building or structure and a lot line, unoccupied except by fences, walls, poles, paving, and other customary yard accessories.
A yard extending the full width of the lot and situated between the street line and the nearest point of the building.
A yard the full width of the lot and situated between the rear line of the lot and the nearest part of the main building projected to the side line of the lot.
A yard situated between the nearest point of the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.00.
The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00.
[1]
Editor's Note: The former definition of "Accessory family dwelling unit," which immediately followed, was repealed 5-7-2025 ATM, Art. 17.
[2]
Editor's Note: The definition of "dwelling," which immediately followed this definition, was repealed 11-19-2013 STM, Art. 22. See now the definition of "dwelling."