[Amended 10-4-1990 by Order No. 90-68; 8-19-1993 by Order No. 93-105; 10-7-1993 by Order No. 94-016; 11-2-1995 by Order No. 95-198; 2-22-1996 by Order No. 95-194; 2-20-1997; 6-4-1998 by Order No. 98-064; 3-11-1999 by Order No. 99-056; 6-3-1999 by Order No. 99-74A; 10-7-1999 by Order No. 99-160A; 2-1-2001; 6-28-2001 by Order No. 2001-036; 1-20-2005 by Order No. 2005-038; 2-6-2014 by Order No. 2014-050; 5-19-2016 by Order No. 2016-146; 8-17-2017 by Ord. No. 2017-165; 3-1-2018 by Order No. 2018-053; 7-15-2021 by Order No. 2021-174; 7-15-2021 by Order No. 2021-175; 7-15-2021 by Order No. 2021-174; 5-15-2025 by Order No. 2025-060]
In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined herein unless the context otherwise requires:
ACCESSORY DWELLING UNIT (ADU)An accessory dwelling unit (ADU) is a self-contained dwelling unit that provides complete independent living facilities for one or more persons, as outlined herein, including permanent provisions for living, sleeping, eating, cooking and sanitization, incorporated within a lawful principal dwelling or within a detached building accessory to and on the same lot and in the same ownership as a lawful principal dwelling use. The ADU shall maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. ADUs shall have a maximum gross floor area that is not larger than 1/2 of the gross floor area of the principal dwelling unit (exclusive of floor area that converted to the ADU), or 900 square feet, whichever is smaller, unless special permit relief is granted with respect to the requirements of §
240-47.2C(4) with regard to square footage.
ACTIVE ADULT DWELLINGAn attached dwelling unit (apartment) intended and operated for occupancy by persons 55 years of age or older in which at least 80% of the occupied units are occupied by at least one person who is 55 years of age or older in accordance with applicable requirements of federal and Massachusetts law.
ADJOININGWhen used to modify "lot" or "lots," shall mean that the said lots share a common boundary or property line for at least 20 continuous feet.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, and other material, which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31. For purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.
ADULT MOTION-PICTURE THEATREAn enclosed building used for presenting material, motion picture films, video cassettes, cable television, slides or any other such visual material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31.
ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31. For purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.
ADULT VIDEO STORESAn establishment having a substantial or significant portion of its stock-in-trade for sale or rent, movies, videos, and similar audio/visual media, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch 272, § 31. For purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.
ADULT USEAs defined herein, an adult bookstore, adult paraphernalia store, adult motion-picture theatre establishment, or an establishment which displays live nudity, or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31. Adult use shall include an establishment with a combination of adult use materials as listed above including books, magazines, devices, objects, tools, or toys, movies, videos, and any similar audio/visual media for sale or rent, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31, which in combination, is either greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.
AGRICULTURE AND RELATED USESThe adoption of this definition is explicitly intended to be a clarification of existing ordinances and is not intended to be a new restriction.
A. For the purposes of §
240-8A(3), agriculture, horticulture, floriculture and viticulture on a parcel of land more than five acres subject to statutory exemption pursuant to MGL Ch 40A, § 3, shall be defined to mean what they mean under state statute.
B. For the purposes of § 240-8DA(4), on a parcel of land five acres or less in size, the terms agriculture, horticulture, viticulture, aquaculture or floriculture shall not include:
(1) The sale of products or plants grown elsewhere;
(2) The storage of loam, mulch, gravel, and similar materials;
(3) The storage of plants for installation, use or sale elsewhere;
(4) The parking, storage or use of heavy equipment; and
(5) The assembling of crews for the purpose of landscape construction and maintenance at off-site locations.
APARTMENT UNITThat portion of the floor area of a single-family dwelling or a multifamily dwelling designed for occupancy by a single family.
ASSISTED LIVING DWELLINGAn attached dwelling unit (apartment) in which supportive services are offered for individuals who need assistance in activities of daily living.
BED-AND-BREAKFASTTourist and guest accommodations located within an owner-occupied, single-family residential dwelling unit, let for compensation for brief periods of time, customarily less than two weeks long, without cooking facilities accessible to the guests; the temporary abode of visitors who have a permanent residence elsewhere.
BOATHOUSEA building used solely for the storage of boats and related equipment.
DOCK or PIERA combination of assembled materials that may be used as access to the water and extending below the reach of mean high water, including but not limited to, the following:
A. Elevated open, pile-supported structure including gangways, floats, extensions, including ells and tees, dolphins, outhaul piles, and attendant pilings;
B. Floating dock or pier; and
C. Float, dock or pier installed for seasonal use, whether fixed or floating.
DWELLING, SINGLE-FAMILYA detached residential building designed for and occupied by a single family and providing complete independent living facilities for one or more persons.
DWELLING UNITComplete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
FAMILY APARTMENTAn apartment unit within a single-family dwelling intended to be occupied only by family members of the property owner and which provides complete independent living facilities for one or more persons, as outlined herein, including permanent provisions for living, sleeping, eating, cooking and sanitization.
FLOOR AREA, GROSSThe sum of all floor areas within a building or structure, measured from the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. It shall include all areas capable of being used for human occupancy, including all basement floor area, mezzanine and attic space and enclosed porches.
HALF STORYThat space above the plate line but below the ridgeline in an area commonly called the "attic space," provided that the gross floor area of the half story shall not exceed 66% of the gross floor area immediately below the half story.
INTENSIFICATION OF USEAny new construction, reconstruction, alteration, remodeling, repair, enlargement, change in use, increase in capacity, or addition of service resulting in greater off-street parking demand.
LOTA single area of land in one ownership defined by metes and bounds or boundary lines, no portion of which is bisected by a street.
LOT COVERAGEThe term "maximum lot coverage as % of lot area" where used as a column heading in bulk regulations shall mean the maximum lot coverage by structures as a percent of lot area.
LOT WIDTHThe width of any lot shall be measured wholly within the lot at the building setback line along a straight line parallel to a line connecting the intersection of the front boundary with the lot side lines, except that an owner of land may establish his own setback line at a distance greater than that required, and the lot width may be determined at the setback line so established.
MARIJUANAHas the meaning given "marihuana" in Chapter 94C of the General Laws.
MARIJUANA DISPENSARY, REGISTEREDAlso known as "RMD" or "medical marijuana treatment center," shall mean an establishment properly registered with the Massachusetts Department of Public Health under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana infused products, 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.
PERSONAL WIRELESS SERVICE FACILITIESFacilities for personal wireless service including commercial mobile radio services, unlicensed wireless services and common carrier wireless exchange access services as defined by the Telecommunications Act of 1996.
RETAILThe term "retail" shall not be construed to include "restaurant."
SETBACKThe distance between a street line and the front building line of a principal building or structure, projected to the side lines of the lot. Where a lot abuts on more than one street, front yard setbacks shall apply from all streets.
SHAPE FACTOR (LOT SHAPE FACTOR)The numerical value resulting from:
A. Division of the square of the perimeter in feet of a lot by the area in square feet thereof; or
B. Division of the square of the perimeter in feet of that portion of a lot intended as the site for building by the area in square feet thereof.
SPECIMEN TREESA native, introduced or naturalized tree which is sufficiently well grown to be an important visual element on a site. Any tree with a dbh of six inches or greater is eligible to be considered a specimen tree. Trees that have a small height at maturity, or are slow growing, such as a flowering dogwood or American holly with a dbh of four inches or larger, are eligible to be considered specimen trees.
SPORTS AND RECREATION FACILITYA facility that offers indoor and outdoor sporting, recreation, physical fitness and training, and athletic competition venues. Such a facility may include multiple structures including a field house that contains one indoor ice rink, and one or more playing fields, athletic courts, track space, swimming pools, fitness training centers, locker rooms, batting cages, accessory retail and sports related proshops, athletic and fitness training center, including rehabilitation facilities, food concessions and restaurant, child-care areas, sports-related museums and memorabilia, accessory office space and community meeting rooms. Such facilities may also contain outdoor playing fields, tracks and courts, swimming pool, viewing stands, scoreboards, shall not have an outdoor ice rink, outdoor lighting, and detached comfort stations (restrooms/concessions) and other accessory structures.
STORYThat portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above and having at least 1/2 its height above grade.
STRUCTUREAny production or piece of work, artificially built up or composed of parts and joined together in some definite manner, not including poles, fences and such minor incidental improvements.
TENTA temporary shelter with a frame supporting a cloth or similar flexible covering, without a fixed location, foundation or permanent anchors.
UPLANDAll lands not defined herein as wetlands.
VERY SMALL QUANTITY GENERATORSThose operations that generate less than 26 gallons or 220 pounds of dry weight of hazardous waste per month and no acutely hazardous waste as defined in 310 CMR 30.00.
WETLANDSThe land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune or other shifting sand formation.