The visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or premises; or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings; or the replacement of the nonconforming use or building by a conforming use or building. When a building is being actively marketed for sale or lease, it is not considered abandoned.

A secondary dwelling with the benefit of protections set out under MGL c. 40A, § 3. A Protected Use ADU is defined in 760 CMR 71.02, except that pursuant to the authority reserved to the Town under 760 CMR 71.03, a Protected Use ADU may contain up to 1,000 square feet of gross floor area.

A dwelling unit, controlled by a use restriction in accordance with § 179-42.1, the Affordable Housing Bylaw, and occupied by individuals falling into one of the following categories:

More than two but no more than four affordable housing units within a building unit. Each affordable housing unit shall have a maximum of two bedrooms and a maximum of 900 square feet of area.

Uses for commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, as those terms are defined in MGL c. 40A, § 3.

Any construction, reconstruction or other action resulting in a change in the structural parts or height, number of stories or exits, size, use or location of a building or other structure.

A building or part of a building containing four or more video, pinball, or similar player-operated amusement devices, in any combination for commercial use to the general public for a fee.

The provision of rides, games, or entertainment to the general public for a fee where any portion of the activity takes place outside of a building, including but not limited to miniature golf, merry-go-round, inflatable slides, miniature cars, Ferris wheels, midway-type games, go-carts, carousels, fun houses, bumper cars or boats, water flumes, batting cages. Devices such as these, open to the public, by which persons are conveyed or entertained in an unusual manner for diversion, cannot be located within 500 feet of any residential district.

A place where animals are given medical or surgical treatment by or under the supervision of a veterinarian and boarding is short-term care incidental to hospital use and care.

Any premises used for the sale or trading of articles of which 80 percent or more are over 50 years old or have collectible value, irrespective of age.

Floor space devoted to the production, showing or sale of art, including but not limited to paintings, sculptures, handcrafts, and photographs. This definition does not include art museums. An art gallery can also accommodate art classes for no more than 10 students per class.

A combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential.

An establishment or structure whose principal business or purpose allows for the deposit or withdrawal of money and whose method of operation includes one or both of the following characteristics:

The commercial repair or maintenance, including engine, transmission or body work, of motor vehicles such as cars, trucks, motorcycles and the like. This use shall not include fuel filling stations but may include accessory retail of auto parts, equipment and supplies.

An establishment primarily engaged in the preparation and wholesale and/or retail sale of baked products for consumption off-site. Such use may include incidental food service. A bakery where all products are prepared off-site shall be considered a general retail use.

Any building or structure where a farm animal is sheltered or a portion of a building used for this purpose.

A residence where an owner/occupant in its home provides lodging and a morning meal.

Land in the Town of Brewster which is not a Resource Area under the Brewster Wetlands Bylaw.

A detached building or structure a) which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, b) which is located on the same lot, and c) which is not a shed as defined in this chapter.

A detached residential structure, customarily incidental to the existing principal residential structure and located on the same lot with the principal residential structure to which it is accessory. Such structures include but are not limited to guesthouse, shed, boathouse, playhouse, shelter for domestic pets, pool houses, private swimming pools, tennis courts and detached garages. An accessory residential building may or may not contain bedrooms.

A single structure or up to four separate structures, the combined square footage of which shall not exceed 6,000 square feet, housing up to four building-trade-related businesses, such as construction, electrical, heating or plumbing contracting, but not including excavation or septic installer. All business activities shall be confined to within the structure(s).

The structure in which the primary use of the lot is conducted, including porches, patios, decks, utility buildings and any other attached projections of the structure. The principal structure shall include a structure, whether portable or fixed, wholly or partly enclosed within walls, party walls and roof, built, erected and framed of component structural parts, designed for housing, shelter, enclosure and support of individuals, animals or property of any kind. For purposes of this definition, “roof” shall include an awning or similar covering, whether or not permanent in nature.

A single building, or a portion of a single building, having the principal means of ingress and egress, separate and distinct from other portions of the same building.

An establishment for the provision of indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, water sports, horseback riding, and associated food service. If incidental to the camp use, camp facilities or structures may be used to provide meeting, accommodations, recreation, or social facilities for a public or private association or group. Can be a day or overnight camp. Can be for profit or nonprofit. To the extent this definition is ever applied to include "child care facilities" as that term is defined in MGL c. 40A, § 3, the exemption provisions of that statute shall prevail.

A Town- or privately owned place for the interment of human remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof.

Any structure or use entitled to the religious exemption set forth in MGL c. 40A, § 3.

A facility employing more than one doctor or dentist or health care provider providing treatment on an out-patient basis.

Clubs or recreational facilities for which a membership charge may be made and which are open only to bona fide members and their guests.

A division of land into lots for use as residential building sites where said lots are arranged into one or more groups having area and yard measurements less than the minimum required in Table 2.

Any self-propelled or towed vehicle used in commerce to transport passengers (other than the driver) or cargo.

A freestanding or guyed vertical structure designed for the purpose of supporting communication antennas, including but not limited to microwave transmitting and/or receiving antennas, microwave reflectors, broadcasting antennas, cellular telephone antennas, pager antennas and cable television antennas. Structures transmitting only visible light are excluded from this definition, and this definition shall not apply to the construction or use of an antenna structure by a federally licensed amateur radio operator.

A public or private nonprofit use established primarily for the benefit and service of the population of the community in which it is located.

Establishments or places of business primarily engaged in retail or wholesale transaction, from the premises, of the materials used in the construction of buildings or other structures.

See "nursing home."

Any group of two or more rental or condominium cottages on a parcel of land.

A location containing properly installed, certified apparatus intended for use in the act of cremation.

A facility for the storage of deicing materials that is specifically constructed to prohibit the leaching of the stored material.

The Massachusetts Department of Environmental Protection, including any predecessor or successor agencies.

Any open space, located on a lot, which is not more than 24 feet in width built for access to a garage, or off-street parking or loading space.

As defined in MGL c. 40A, § 1A, a residential building containing three or more dwelling units, or two or more residential buildings on the same lot with more than one dwelling unit in each building.

A single dwelling unit, limited to no more than 1,000 sq. ft. gross floor area, for occupancy by a person(s) responsible for the protection of property and safe operation of a permitted commercial or industrial use on a lot. Such a unit shall not be considered a single-family dwelling or a Protected Use ADU within the meaning of this chapter but shall be considered a use and/or structure accessory to the permitted commercial or industrial use and development on a lot. There shall be no more than one such unit on a lot, and such unit may be within or attached to building, or in a separate detached building on the same lot as the principal commercial or industrial use to which the unit is accessory. Such unit shall not be used for Short Term Rental Use as defined under MGL Ch. 64G.

A detached building consisting of a single, separate dwelling unit designed for use and occupancy by one family, which shall be considered a principal use and principal structure under this chapter. Also referred to herein as a "single-family residence" or under 760 CMR 71.02 as a "single-family residential dwelling."

One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation.

Any structure or use entitled to the education exemption set forth in MGL c. 40A § 3.

Any building or part thereof, operated by a for-profit entity and designed, constructed or used for education or instruction in any branch of knowledge. Such use shall not include uses entitled to the education exemption set forth in MGL c. 40A, § 3.

A facility housing heavy equipment owned and operated by the Town of Brewster.

Services provided by public utility or governmental agencies through erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems, but not including generation or production systems. 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, utility buildings, cabinets, enclosures and other similar equipment and accessories in connection therewith.

One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.

Includes sheep, goats, swine, bovines, horses, ponies, donkeys or mules of any age or sex.

A building or structure used for the wholesale and/or retail sales of fresh fruits, vegetables, flowers, herbs, or plants. May also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces, or baked goods, and homemade handicrafts. The area devoted to the sales of these accessory items shall not exceed 50% of the total sales area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold at a farm stand. To the extent this definition is ever applied to include facilities entitled to the agricultural exemption set forth in MGL c. 40A, § 3, the provisions of that statute shall prevail.

The limits of flooding from a particular body of water caused by a storm with an intensity to be expected once in five years, based on past records, as determined and certified by a registered professional engineer qualified in drainage.

An overlay district which delineates special flood hazard areas designated on the Town of Brewster Flood Insurance Rate Map as established by the National Flood Insurance Program.

As defined in 760 CMR 71.02.

Establishments primarily engaged in undertaking the transportation of goods for compensation, including commercial distribution services, freight forwarding services and freight agencies.

See "lot frontage."

A building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the storage of caskets, funeral urns, and other related funeral supplies; and (c) the storage of funeral vehicles.

Includes mink, sable, ermine, fox and the like.

Retail stores where items such as art, jewelry, books and notions are sold. Shops accessory to a home occupation, pursuant to § 179-37, shall not be considered gift shops for the purpose of this bylaw.

Retail or wholesale business whose principal activity is the selling of plants grown on the site and having outside storage, growing, or display. To the extent this definition is ever applied to include facilities entitled to the agricultural exemption set forth in MGL c. 40A, § 3, the provisions of that statute shall prevail.

Any person who is licensed or is otherwise registered or certified to engage in the practice of or otherwise performs duties associated with any of the following: medicine, dentistry, optometry, midwifery, osteopathy, podiatry, massage (by a licensed massage therapist), chiropractic, physiotherapy, dental hygiene, psychiatry, or psychology.

The vertical distance from the mean level of the adjacent natural ground to the top of the structure, measured at the highest roof beams of a flat roof or the highest gable or slope of a hip roof.

A not-for-profit organization dedicated to the research of and collection of information on a specific historical subject of interest. May include a display area for public viewing.

An accessory use to be carried on entirely within a principal building, and/or accessory building(s), by the residents of the principal building with no more than two nonresident employees, and not in any manner changing the primary residential character of the property.

A building or complex of buildings providing transient lodging in 12 or more rooms, food and other related services within which access to the individual units is provided by common interior corridors. The individual units do not have cooking facilities.

See "lodging house."

Scrap or waste material of any kind or nature collected or accumulated for resale, disposal or storage.

Any privately owned space more than 200 square feet in area outside of a building, used for storage, keeping, processing, salvaging or abandonment of junk.

An establishment where dogs, cats or other small household pets are boarded for compensation.

A facility established in accordance with a valid site assignment for the purposes of disposing of solid waste into or on the land, pursuant to 310 CMR 19.006.

A property, not specifically designed or permitted to be used for infrequent events occurring within a twenty-four-hour period such as, but not limited to, art or theatrical exhibitions, concerts, dinners, parties, and weddings, to be attended by the public, including properties not expressly permitted to be rented for such occasions. Applications for five or fewer events per year must receive a license from the Select Board. Applications for greater than five events per year must receive a Special Permit from the Board of Appeals; provided, however, that such venue has first received a license from the Select Board for such event. Special Permits for Special Event Venue Uses shall be renewed annually.

An off-street space used for loading or unloading not less than 12 feet in width, 30 feet in length and 14 feet in height and containing not less than 360 square feet, including both access and maneuvering area.

A structure originally designed for single-family use which may be converted to provide rooms (not more than 12) for the use of one or more individuals not living as a single housekeeping unit and may provide a common dining facility. It shall include boardinghouse, tourist homes and rooming houses but does not include motels or hotels.

An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the administrator of this chapter by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control. Any subsequent subdivision of a "lot" into two or more "lots" shall be subject to and conform to all the regulations of the district. Therefore, for purposes of this chapter, a "lot" may or may not have boundaries identical with those recorded in the Barnstable County Registry of Deeds.

A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines or, in the case of a curved street, extended lot lines being not more than 135°.

That part of a lot line abutting a street or way, or continually or contiguously abutting more than one street or way, for the distance required in Table 2, Area Regulations.

The property line dividing a lot from a street right-of-way. On a corner lot, the owner shall designate one street line as the "front lot line."

The lot line opposite from the front lot line.

Any lot line not a front or rear lot line.

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

An interior lot, the front and rear lot lines of which abut streets, or a corner lot two opposite lines of which abut streets.

Either of the following:

The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.

A non-profit facility or location that has been registered by the Massachusetts Department of Public Health, where medical marijuana is grown, processed, and/or made available to a qualifying patient or a personal caregiver as determined by 105 CMR 725.000.

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

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

As defined in MGL c. 40A, § 1A, a development containing a mix of residential uses and non-residential uses, including, without limitation, commercial, institutional, industrial or other uses. Dwelling units in a Mixed Use Development shall not be considered a Multi-Family Dwelling, a Row or Town House or a Single Family Dwelling as defined in this § 179-2.

A dwelling unit built on a chassis and containing electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters.

See "funeral home."

A building or complex of buildings providing transient lodging accommodations with separate outside entrances for each unit. The individual units may or may not have cooking facilities.

See "theater, indoor."

An open-air theater where the performance is viewed by all or part of the audience from motor vehicles.

An institution, open to the public, which acquires, conserves, researches, communicates or exhibits objects of lasting interest or value for the purposes of education, study or enjoyment.

A home for the aged, chronically ill, persons requiring care or incurable persons in which three or more persons, not of the immediate family, are received, kept or provided with food and shelter or care for compensation; including a sanitarium or sanatorium, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Administrative, executive, professional, or similar organizations, provided that no merchandise or merchandising services are sold on the premises, except such as are incidental or accessory to the principal permitted use.

A facility employing no more than one doctor or dentist providing treatment on an out-patient basis. Offices of health care providers are also included under this definition. A medical or dental office can be considered a home occupation if it meets the requirements of § 179-37 of this bylaw.

The duly authorized agent, attorney, purchaser, devisee, trustee, lessor or any person having vested or equitable interest in the use, structure or lot in question.

A lot or a group of lots or a structure, whose purpose is to provide vehicular parking for six or more vehicles for a fee. This definition does not include federal, state or municipal parking lots. The area(s) on a lot whose principal use is not as a parking lot but as a facility for which parking must be provided under the requirements of § 179-22 of the Code of the Town of Brewster shall not be considered a parking facility.

An establishment providing nonmedical services, including beauty and barber shops; dry cleaning pick-up stores; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided.

The development of a tract of land in single or consolidated ownership for commercial purposes where the uses shall be contained in more than one building and the development shall be served with common parking areas.

A mixed use development on a plot of land in single or consolidated ownership, in which a mixture of residential, open space, commercial, recreational and other uses and a variety of building types may be permitted subject to the provisions of § 179-36.

Includes domestic fowl, such as chickens, turkeys, ducks and geese.

Any plant facilities and equipment exclusive of wind energy turbines (Brewster Town Code, Chapter 179, Zoning, Article IX, Special Regulations, § 179-40.2) and large-scale ground mounted solar photovoltaic installations (Brewster Town Code, Chapter 179, Zoning Article XIV, Solar Installations) for the purposes of producing, generating, transmitting, delivering or furnishing electricity for the production of power. Further, such power plant uses shall not include electric vehicle (EV) charging stations; small-scale ground-mounted PV installations; roof-mounted PV installations; or small-scale energy storage systems located on and scaled to serve a particular site or building, all of which shall be allowed as accessory structures or uses permitted by right in all zoning districts. To the extent this definition is ever applied to include uses or facilities entitled to the public utilities exemption set forth in MGL c. 40A, § 3, the provisions of that statute shall prevail.

Recorded in the Barnstable County Registry of Deeds or registered in the Barnstable County Registry of Land Court.

Recreation facilities operated by public or nonprofit entities.

Clubs or recreation facilities for which a membership charge is made and which are open only to members and their guests. A private recreational facility may not be open or available to the general public.

Establishments primarily engaged in the provision of repair services to individuals, households, and businesses, but excluding automotive repair.

An establishment in which food is prepared and served and customers’ orders are taken and served at dining tables and where customers pay after eating. A restaurant that otherwise satisfies the above noted definition may contain one takeout station. None of this type of establishment shall provide drive-through windows or in-car service or service areas.

A limited-service restaurant is an establishment primarily engaged in providing food services where patrons generally order or select items and pay before eating. Examples of such establishments include:

A business usually selling one or a combination of two or more of the following: dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, food for home preparation, pharmaceuticals and medical supplies.

A structure or structures containing more than one commercial unit, each unit divided from others by fire walls, separation walls or other walls, or by being in a separate building so as to be separate and distinct from each other unit. Each unit contained shall be a permitted use and may be separately owned.

A single dwelling unit which is not above or below another dwelling unit and whose side walls are separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner.

As defined in 314 CMR 12.02, but not including any material that is a hazardous waste pursuant to 310 CMR 30.104.

The process of transferring septage from one wheeled vehicle to another wheeled vehicle for transport to another location or transferring septage from a wheeled vehicle to a holding tank or transferring septage from a holding tank to a wheeled vehicle for further transport.

An indoor or outdoor facility, of any nature or design whatsoever, designed to perform or be the site of septic transfer.

A business that removes septage by using wheeled vehicles with pumping or vacuum systems and transports the septage in the same vehicle to a facility which will accept septage for treatment or processing with no intervening transfer to another wheeled vehicle.

A facility designed for the collection, removal, treatment, and disposal of waterborne sewage generated within a specific area.

A single-story detached building or structure which has a footprint that does not exceed 120 square feet, which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, and which is located on the same lot. A shed may be located as close as 10 feet from any side or rear property line, but shall conform to the front property line setback, as required by the Town of Brewster Zoning Bylaw.

See Article VI, Signs, § 179-19, Definitions.

As defined in 310 CMR 30.010.

A town-owned parcel(s) for the collection and transfer of municipal solid waste, including but not limited to construction and demolition debris, brush, leaves, composting and recycled materials. To the extent this definition is ever applied in a manner inconsistent with the provisions of MGL c. 111, §§ 150A and 150A1/2, and the regulations promulgated thereunder, the provisions of that statute and those regulations shall prevail.

A permit issued by the special permit granting authority to allow an optional use. A "special permit" can only be issued in cases where the Zoning Bylaw specifically allows one to be issued.

A structure or land use in or on which equines are kept for sale or hire to the public. Breeding, boarding, or training of equines may also be conducted. To the extent this definition is ever applied to include facilities entitled to the agricultural exemption set forth in MGL c. 40A, § 3, the provisions of that statute shall prevail.

A way which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A "street" includes all public ways, a way which the Town Clerk certifies is maintained and used as a public way, a way shown on a plan approved and endorsed in accordance with the rules and regulations governing subdivision of land in Brewster, Massachusetts, and a way having in the opinion of the Brewster Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

Highways which connect state or larger population centers and form part of the state or federal highway system.

Streets which receive traffic from arterial streets and distribute it to subareas or smaller population centers in the region.

Streets which primarily serve to provide access to individual land parcels.

A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall over four feet in height, tent, reviewing stand, platform, bin, fences over six feet high, sign, flagpole, recreational tramway, mast for radio antenna, or the like. The word "structure" shall be construed, where the context requires, as though followed by the words, "or part or parts thereof," consistent with the Massachusetts State Building Code.

As defined in MGL c. 41, § 81L.

Housing in which 75% or more of the dwelling units are subsidized by the federal or state government under any program to assist the construction of low- or moderate-income housing as defined in the applicable federal or state statute, whether built or operated by any public agency or any nonprofit or limited dividend organization, with occupancy reserved to persons 62 years of age or older.

A structure containing as its primary use audience seating, one or more movie screens, or performance spaces, and a lobby. May or may not have a refreshment stand.

See "lodging house."

Any vehicle or similar structure which is, has been or may be portable and is arranged, intended, designed or used for dwelling, sleeping, eating or business or is a place in which persons may congregate. It includes a mobile home.

A vehicle or similar structure to be used for storage of construction material only during construction of a job on the same lot, three months on a private dwelling.

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

A use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure or use. Any use that is not allowed in the underlying district shall not be classified as an accessory use nor permitted as an accessory use.

A use lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto, which does not conform to one or more provisions of this chapter.

The main or primary purpose for which a structure or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this chapter. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the "principal use" and permitted under this chapter shall be considered an "accessory use."

Any unattended self-service device that, upon insertion of a bill, coin, coins, credit/debit cards or token, or by similar means, dispenses anything of value including food, beverage, goods, wares, merchandise, or services.

As defined in 310 CMR 30.010.

As defined in 310 CMR 30.010.

A waste oil collection facility for automobile service stations, retail outlets, marinas and the like which is sheltered and has adequate protection to contain a discharge in accordance with MGL c. 21, § 52A.

As defined in 314 CMR 5.02 and 12.02.

A facility for the treatment of potable water for use in a municipal water system.

An establishment or place of business exclusive of farm stands or greenhouses engaged in selling and/or distributing merchandise to retailers, industrial, commercial, institutional or professional business users, or to other wholesalers.

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

A space extending the full width of the lot between the front line of the nearest building wall or structure and the front lot line.

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

An unoccupied space extending for the full length of a building between the nearest building wall or structure and the side lot line.

Such departure from the terms of this chapter as the Appeals Board, upon appeal in specific cases, is empowered to authorize under the terms of § 179-52 herein.