In this chapter, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings:
ACCESSORY APARTMENTA second dwelling unit subordinate in size to a single-family dwelling unit on the lot and having separate cooking, sleeping and bathroom facilities, located either in the principal building or in an existing accessory structure.
[Added by 5-30-2006 ATM, Art. 23]
ACCESSORY USE OR BUILDINGA use or building customarily incidental to and located on the same lot with the use or building to which it is accessory and not detrimental to the neighborhood.
ANIMAL FEEDLOTA plot of land on which 25 or more livestock per acre are kept for the purposes of feeding.
ANIMAL KENNEL OR HOSPITALA structure used for the harboring and/or care of more than three dogs that are more than six months old, whether commercially operated or not.
AQUIFERA geologic formation, group of formations or part of a formation which contains sufficient saturated permeable material to yield significant quantities of potable groundwater to public or private wells.
[Added by 4-25-1988 ATM, Art. 7]
ASSISTED LIVING FACILITYA residential facility certified by the Massachusetts Department of Elder Affairs, which provides a combination of housing, meals and personalized support services for activities of daily living, but not providing the level of care of a skilled nursing facility.
[Added by 5-31-2011 ATM, Art. 23]
BEDROOMAny inhabitable room in a dwelling, other than a living room, dining room, kitchen, utility room or bath if such room exceeds 60 square feet. Any dwelling unit in which no such room exists shall be construed to contain one "bedroom."
[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1]
BUILDINGA structure enclosing useful space.
BUILDING HEIGHTThe vertical distance from the mean finished grade of the ground adjoining the building to the highest point of the roof for flat or shed roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1; 11-8-1999 STM, Art. 19; 11-20-2000 STM, Art. 31]
BUILDING-INTEGRATED WIND ENERGY FACILITYA wind energy facility shall be considered to be building integrated if it is designed to be permanently mounted on a building or other inhabitable structure. This definition applies to wind turbines of any capacity that are designed to be operated in direct contact with a building. This definition also covers, for the purposes of this zoning provision, other wind energy facilities primarily used for land-based applications which may be permanently mounted and operated on a building.
[Added by 5-31-2011 ATM, Art. 27]
BULK STORAGEExposed outside storage of sand, lumber, coal or other bulk materials and bulk storage of liquids in tanks except underground as an accessory use.
CAMPERA 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. Included devices commonly called "travel trailers," "pickup campers," "motorized campers" and "tent trailers."
CAMPGROUNDPremises operated with written permission of the Board of Health, used for travel trailers, campers, tenting or temporary overnight facilities of any kind where a fee is charged.
CAMPING, SUPERVISEDFacilities 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 week.
CLUB or LODGEPremises or buildings or a nonprofit organization exclusively servicing members and their guests for recreational athletic or civic purposes, but not including any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club. Does not include golf clubs or sportsmen's clubs, as elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business.
CONTRACTOR'S YARDPremises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies and parking of wheeled equipment.
DISPOSALThe deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
[Added by 4-25-1988 ATM, Art. 7]
DWELLING, MULTIFAMILYThree or more dwelling units on a single lot, or in a single structure or set of contiguous structures, irrespective of ownership or tenure.
[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1]
DWELLING, SINGLE-FAMILYA detached residential building intended and designed to be occupied exclusively by a single family.
DWELLING, TWO-FAMILYA detached residential building intended and designed to be occupied exclusively by two families.
EARTH REMOVALRemoval of soil, loam sand, gravel, clay, peat or other organic materials, stone or other earth products from premises not in public use, except those removal activities categorized as "limited operations" under §
109-4 of the Code of the Town of Blackstone (removal incidental to building construction or incidental to grading ways within subdivisions) if involving quantities of less than 1,000 cubic yards per applicant per year.
[Added by 5-27-1997 ATM, Art. 9]
ERECTEDIncludes the words "built," "constructed," "reconstructed," "altered," "enlarged" and "moved."
EXTENSIVE RESORTPremises comprising at least 200 acres contiguous except for intervening roads, with no buildings within 100 feet of a public way, used principally for skiing, snowmobile trails, riding trails or similar extensive recreation, and optionally including restaurant, sporting goods shop or lodging in conjunction with the above.
[Added by 6-5-1972 STM, Art. 8]
FAMILYAny number of individuals living and cooking together in a single housekeeping unit.
FLEA MARKETSwap shop or similar activity by whatever name, involving the temporary setting up of 10 or more booths, tables, platforms, racks or similar display areas for sales by three or more vendors.
[Added by 4-25-1981 ATM, Art. 2]
FLEXIBLE RESIDENTIAL DEVELOPMENTAn alternative form of land development, involving the division of a parcel into building lots, using flexible intensity regulations, as provided at §
123-13.1 of this chapter.
[Added by 4-25-1994 ATM, Art. 24A]
FLOOR AREA, LEASABLEThe sum of the area on the several floors of a building which is or could be leased, including leasable basements.
FRONTAGEThat portion of a lot that abuts the right-of-way of a street.
[Added by 5-31-2011 ATM, Art. 23]
GROUNDWATERAll the water beneath the surface of the ground.
[Added by 4-25-1988 ATM, Art. 7]
HAZARDOUS MATERIALAny substance or combination of substances, not including any liquid petroleum product, that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water in this Town. Any substance deemed a hazardous waste in Chapter 21C of the Massachusetts General Laws shall also be deemed a "hazardous material" for purposes of this section.
[Added by 4-25-1988 ATM, Art. 7]
HEIGHTThe height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.
[Added by 5-31-2011 ATM, Art. 27]
HOME OCCUPATIONCertain occupations engaged in within an existing dwelling or building accessory thereto by a resident thereof. Such occupations include the professions of medicine, dentistry, law, architecture and engineering; machine, woodworking, metals, art or photo shop; domestic work, such as dressmaking, millinery and clothes washing; teaching and exercise of professional skills in music, dramatics, arts and crafts and academic pursuits; real estate and insurance offices; and inside storage of tradesman's materials and equipment.
HOTEL or MOTELA structure providing sleeping rooms for resident or transient guests and where public eating facilities are provided, but not including buildings of charitable, educational or philanthropic institutions.
IMPERVIOUSImpenetrable by water.
[Added by 4-25-1988 ATM, Art. 7]
LARGE WIND FACILITYEquipment, machinery and structures utilized in connection with the conversion of kinetic energy of wind into electrical power with a rated output of electrical power production equipment of greater than 100kW/0.1MW.
[Added by 5-31-2011 ATM, Art. 27]
LEACHABLE WASTESWaste materials, including solid wastes, sewage, sludge and agricultural wastes, that are capable of releasing waterborne contaminants to the surrounding environment
[Added by 4-25-1988 ATM, Art. 7]
LIVESTOCK RAISINGThe keeping or raising of any number of pigs, animals raised for pelts or animals for hire; or more than three horses, cows, goats and/or sheep; or more than 10 poultry; or a number of other animals equivalent to the above in waste production.
[Amended by 6-14-1982 STM, Art. 29]
LOTAn area of land in one ownership with definite boundaries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose.
LOT AREAThe horizontal area of a lot exclusive of any area in a street or recorded way open to public use. At least 90% of the "lot area" required for compliance shall also be exclusive of areas subject to protection under the Wetlands Protection Act, MGL c. 131, § 40, for reasons other than being subject to flooding and exclusive of areas included within easements for surface drainage elements, such as retention or detention ponds. If the distance between any two points on lot line is less than 50 feet, as measured in a straight line, the smaller portion of the lot as divided by that line shall not be included in "lot area" unless the two points are separated by less than 150 feet measured along lot lines.
[Amended by 4-25-1988 ATM, Art. 34]
LOT, CORNERA lot which has an interior angle of less than 135º at the intersection of two street lines. A lot abutting a curved street shall be considered a "corner lot" if the tangents to the curve at the point of intersection of the side lot lines intersect with an interior angle of less than 135º.
LOT COVERAGEPercentage of total lot area covered by structures or roofed.
LOT FRONTAGEThe boundary of a lot coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site, and the street has been determined by the Planning Board to provide adequate access to the premises under the provisions of the Subdivision Control Law and the Blackstone Subdivision Regulations. To be measured continuously along one street line between side lot lines or, in the case of corner lots, between one side lot line and the midpoint of the corner radius.
[Amended by 4-25-1988 ATM, Art. 34]
MAJOR SPECTATOR CENTERPremises comprising at least 35 contiguous acres containing facilities for engaging in and watching athletics, racing, concerts or other spectator events, having an audience seating capacity of 5,000 or more, and optionally including restaurant, retail sales or services and motel or hotel in conjunction with the above.
[Added by 2-15-1975 STM, Art. 1; amended by 5-14-1975 STM, Art. 2]
MARIJUANA ESTABLISHMENT (ME)A medical marijuana facility, marijuana independent testing laboratory, marijuana product manufacturer, or marijuana cultivator, all as defined in MGL c. 94G, § 1, but not including marijuana retailers.
[Added 5-28-2019 ATM by Art. 27]
MARIJUANA RETAILERAn entity licensed to purchase and deliver medical and/or recreational marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
[Added 5-28-2019 ATM by Art. 27]
MEDICAL MARIJUANA FACILITYA not-for-profit entity (also known as a "medical marijuana treatment center") registered under 105 CMR 725.100, to be known as a "registered marijuana dispensary (RMD)," 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, "RMD" refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
[Added by 5-27-2014 ATM, Art. 25]
MINING OF LANDThe removal or relocation of geologic materials such as topsoil, sand and gravel, metallic ores and bedrock.
[Added by 4-25-1988 ATM, Art. 7]
MOBILE HOMEA dwelling unit built on a chassis, containing complete electrical, plumbing and sanitary facilities, and designed to be installed on a temporary or permanent foundation for either temporary or permanent living quarters.
MUNICIPAL USEPremises used for any operation by the Town government except as elsewhere more specifically defined.
NONCONFORMING USE OR BUILDINGA lawfully existing use or building which does not conform to the regulations for the district in which such use or building exists.
ON-SITE WIND FACILITYA wind project, which is located at a commercial, industrial, agricultural, institutional, or public facility that will generate electricity on site.
[Added by 5-31-2011 ATM, Art. 27]
PAPER STREETA road or street which appears on an Assessor's Map but which has not been constructed on the ground and therefore does not provide frontage for a lot.
[Added by 5-31-2011 ATM, Art. 23]
PARKING SPACEAn area intended for parking one automobile, provided that the area's dimensions and access meet standards adopted and from time to time amended by the Planning Board.
[Amended by 4-25-1988 ATM, Art. 33]
PARTY WALLA building wall erected on a lot sideline for shared use of adjoining properties.
PERSONAL WIRELESS SERVICE FACILITIESAntennas used by wireless communications service carriers to broadcast or receive the radio-frequency waves which carry their services, the mounting structures (including towers) upon which such antennas are placed, the equipment shelters ancillary to those facilities, and the premises upon which those facilities are located in providing personal wireless service, as defined under the Federal Telecommunications Act of 1996 [47 U.S.C. § 332(c)].
[Added by 5-31-2005 ATM, Art. 38]
PHILANTHROPIC INSTITUTIONAn endowed or charitably supported nonprofit religious or nonsectarian activity maintained for a public or semipublic use.
PUBLIC HOUSINGHousing operated by a public body created pursuant to MGL c. 121, § 26K, or corresponding provisions of earlier laws.
PUBLIC STABLEPremises where two or more horses are kept for remuneration, hire or sale.
RATED NAMEPLATE CAPACITYThe maximum rated output of electric power production of the photovoltaic system in direct current (DC).
[Added by 5-31-2011 ATM, Art. 27; amended 5-29-2012 ATM, Art. 19]
RECHARGE AREAAny area of porous, permeable geologic deposits, especially, but not exclusively, deposits of stratified sand and gravel, through which water from any source drains into an aquifer, and includes any wetland or body of surface water surrounded by or adjacent to such area, together with the watershed of any wetland or body of surface water adjacent to such area.
[Added by 4-25-1988 ATM, Art. 7; amended 5-29-2012 ATM, Art. 19]
RELATED EQUIPMENT OR FACILITIESAny equipment, building, structure, accessway, landscaping or other means used to support the operation, or disguise the appearance, of a solar photovoltaic tower, antenna, or transmitting or receiving equipment of any kind.
[Added 5-29-2012 ATM, Art. 19]
RENEWABLE OR ALTERNATIVE ENERGY Energy derived from sources that do not use up natural resources or harm the environment, including solar, wind, geothermal, hydrogen and hydro energy and excluding fossil fuels and biomass.
[Added 5-29-2012 ATM, Art. 20]
ROADSIDE STANDPremises for the sale of agricultural products, the major portion of which were raised on the premises.
SECURITY BARRIERA locked wall, fence or berm, or combination thereof, which seals an area from unauthorized entry or trespass.
[Added 5-29-2012 ATM, Art. 19]
SIGNAny device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations of this chapter:
[Added by 6-26-1969 STM, Art. 1]
(1) Signs not exceeding one square foot in area and bearing only property numbers, names of occupants or premises or other identification of premises not having commercial connotations.
(2) Flags and insignia of any government except when displayed in connection with commercial promotion.
(3) Legal notices, identification, informational or directional signs erected or required by governmental bodies.
(4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(6) Standard gasoline pumps bearing thereon in usual size and form the name, type and price of gasoline.
SIGN, ACCESSORYA sign whose subject matter relates to the premises on which it is located, or to products, accommodations, services or activities on the premises.
[Added by 6-26-1969 STM, Art. 1]
SIGN, AREA OFThe area within a regular geometric form or forms comprising all the display area of the sign, including intermediary removable surfaces, but not including structural members not bearing advertising matter.
[Added by 6-26-1969 STM, Art. 1]
SIGN, FREESTANDINGA sign erected or affixed to the land, and not attached to a building.
[Added by 6-26-1969 STM, Art. 1]
SIGN, TEMPORARYA sign which, by its inherent nature, can be expected to remain in place for less than a year, as real estate signs or signs inside display windows.
[Added by 6-26-1969 STM, Art. 1]
SMALL WIND ENERGY SYSTEMAll equipment, machinery and structures utilized in connection with the conversion of kinetic energy of wind into electrical power. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which have a total rated nameplate capacity of not more than 100kW/0.1MW.
[Added by 5-31-2011 ATM, Art. 27]
SOLID WASTESUseless, unwanted or discarded solid materials with insufficient liquid content to be free-flowing, including, for example, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse.
[Added by 4-25-1988 ATM, Art. 7]
SPORTSMEN'S CLUBA club whose primary purposes are conservation, hunting or fishing.
STREETSEither:
(1) A public way or a way which the Town Clerk certifies is maintained and used as a public way;
(2) A way shown on a plan approved in accordance with the Subdivision Control Law; or
(3) A way in existence when the subdivision control became effective in Blackstone, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground, including buildings, mobile homes, billboards, swimming pools, tanks, or the like or part thereof.
SWIMMING POOLAny constructed pool, located above or below the ground, whether portable or fixed, used or capable of being used for swimming, wading or bathing purposes. Pools having a depth of two feet or more and having a capacity of 200 cubic feet or more in volume shall be considered structures.
TEMPORARY STRUCTURETent, construction shanty or similarly portable or demountable structure intended for continuous use for not longer than one year.
TRAILERA towed vehicle for transportation of goods or animals, but not intended for human occupancy.
UTILITYA system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, substations, and transmission lines.
[Added 5-29-2012 ATM, Art. 19]
UTILITY-SCALE WIND FACILITYA commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
[Added by 5-31-2011 ATM, Art. 27]
VEHICLE, HEAVY COMMERCIALA bus or truck having capacity in excess of the limits for a light commercial vehicle or motorized construction equipment other than trucks.
VEHICLE, LIGHT COMMERCIALA taxi; a bus with capacity not exceeding 10 passengers; or a truck with a gross vehicular weight rating not exceeding 14,000 pounds and enclosed cargo area not exceeding 800 cubic feet.
[Amended by 1-9-1978 STM, Art. 4]
WIND ENERGY FACILITYAll equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
[Added by 5-31-2011 ATM, Art. 27]
WIND MONITORING OR METEOROLOGICAL TOWERA temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.
[Added by 5-31-2011 ATM, Art. 27]
WIND TURBINEA device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
[Added by 5-31-2011 ATM, Art. 27]
YARDA required open space, unoccupied and unobstructed by any structure or portion of a structure, except the following:
(1) Fences, walls, poles, posts and other customary yard accessories, ornaments and furniture.
(2) In front yards only, eaves, steps and noncovered porches.
YARD, FRONTA yard extending between side lot lines across the front of a lot on each street it adjoins. Depth shall be measured perpendicular to a line connecting the foremost points of the side lot lines.
YARD, REARA yard extending across the rear of the lot between inner side yard lines.
YARD SALESale or offering for sale of 10 or more items of personal property outdoors at any one residential premises at any one time, but not including a flea market.
[Added by 4-25-1981 ATM, Art. 2]
YARD, SIDEA yard extending from the rear line of the required front yard to the rear lot line.