Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the chapter, and words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure", the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used", the word "shall" is mandatory and not optional, the word "abut" shall include the words "directly across from", and the word "lot".

Accessory use or structure. A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building, including swimming pools, tennis courts and other recreational uses, but expressly excluding pay telephones.

Agent or owner. Any person who can show proof that he has authority to act for the property owner.

Alley. A public thoroughfare for vehicular traffic which affords only a secondary means of access to abutting property.

Alternative energy. Energy derived from sources other than fossil fuels and includes renewable energy, combined heat and power, and electric- and hydrogen-powered vehicles and associated technologies, including advanced batteries and recharging stations.

Building. A structure with or without a roof supported by columns or walls, used or intended to be used for the shelter, screening, sound attenuation, or enclosure of persons, animals or property. When such a structure is divided into separate parts by one (1) or more unpierced structural walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.

Building height. The vertical distance measured from the curb level to the highest point of the structure or roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections, provided such excluded projection does not exceed the maximum building height by more than ten (10) feet.

Building, principal. A structure in which is conducted the principal use of the site on which it is situated. In any residential district any dwelling shall be deemed to be a principal building on the zone lot on which it is located.

Conference center. A meeting place capable of holding a minimum capacity of three hundred fifty (350) people, attached to or included within a hotel.

Conversion. The reconstruction of all or parts of a structure resulting in an additional number of dwelling units therein.

Court. A court is any open, unoccupied area which is bounded by three (3) or more attached building walls.

Curb level. The level of the curb in front of the center of the building or portion thereof under consideration. Where no curb level has been established, the level of the ground at the center of the traveled portion of the street shall be considered the equivalent of the curb level, and where the building does not adjoin the street, the average level of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered as the curb level.

Dwelling. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a mobile home and as otherwise provided herein.

a.

Dwelling, single-family. A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.

b.

Dwelling, two-family. A detached or semidetached building where not more than two (2) individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

Dwelling structure. Any structure which shall contain one or more rooms providing cooking, sleeping and sanitary facilities, not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure.

Dwelling unit. One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by more than one family for living and sleeping purposes.

Family. Two (2) or more persons related by blood or marriage living together as a single housekeeping unit in a dwelling.

Floodplain, Watershed and Wetland Protection.

a.

Flood. A temporary rise in stream flow resulting in water overtopping its banks and inundating adjacent areas of floodplain and floodway.

b.

Floodplain. The land adjacent to a body of water which has been or may be hereafter covered by floodwater.

c.

Floodway. The channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream.

d.

Flood stage. For purposes of this ordinance this term is used to mean the height or elevation of a flood as referred to some datum, or to refer to the elevation at which a stream will overtop its normal banks.

e.

Ordinary high water mark. The highest point on the bank of a floodway or floodplain at which the water level has been for a sufficient period of time to leave a definite mark.

f.

Storage capacity of a floodplain. The volume of space above an area of floodplain land that can be occupied by flood water of a given stage at a given time, regardless of whether the water is moving.

g.

Floodproofing. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings in a flood area.

h.

Watershed. The area that serves as a tributary source of surface runoff supply or drains into a waterway, waterbody of wetland.

i.

Wetlands. Areas where water generally flows or stands, or where the water table is at least within eighteen (18) inches of the surface during the winter or early spring.

j.

Marsh (freshwater). A wetland above tidal waters normally covered with shallow water the year round. Typical marsh vegetation is rooted in underwater soil and may be totally submerged (pond weeds), float at the surface (waterlilies) or rise above the water (cattails, sedges, arrowhead, marsh marigold).

k.

Swamp. A wetland usually water-logged in winter and spring but drier at the surface in summer and fall, normally covered with moisture-tolerant trees (red, maple, black spruce, alder, willow and balsam fir) and shrubs (sweet pepperbush, high bush blueberry).

l.

Bog. An undrained depression filled with peat and supporting acid-tolerant plants such as sedges, sphagnum mosses and shrubs; usually with some residual water.

m.

Environmental assessment review. As required under Massachusetts General Laws, Chapter 131, section 40.

Floor area. The sum of the gross horizontal area of the several floors of a building and its accessory buildings (excluding those used for off-street parking). Floor area shall not include cellar space, stairways and any floor space with floor to ceiling height less than seven (7) feet.

Floor area ratio. The floor area ration (FAR) is the gross floor area of the principal and accessory buildings in square feet divided by the gross area of the lot in square feet.

Garage, private. A detached, or attached accessory building used only for the storage of private passenger vehicles owned or rented.

Garage, public. Any garage other than a private garage which is open to the public and used for the storage of motor vehicles.

Gasoline station. A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service may be rendered.

Hotel. A building (other than a dormitory) containing four (4) or more apartments without kitchens and containing sleeping accommodations for ten (10) or more persons, primarily the temporary abode of persons who have their residence elsewhere.

Joint occupancy. Any structure which is occupied by a business or commercial activity and residential dwelling units.

Lot or Zone Lot. A parcel of land identical in ownership throughout, bounded by other lots or by streets, which is designated by its owner to be used, developed or built upon as a unit.

a.

Lot, corner. A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same streets, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The point of intersection of the street lot lines is the "corner".

b.

Lot, depth. The mean distance between the front and rear lot lines.

c.

Lot lines. The property lines bounding the lot.

1.

Lot line, front. The line separating the lot from a street.

2.

Lot line, rear. The lot line opposite and most distant from the front lot line.

3.

Lot line, side. Any lot line other than a front or rear lot line. A side lot separating a lot from a street is called a side street lot line.

4.

Lot line, street or alley. A lot line separating the lot from a street or alley.

d.

Lot width. The distance between the two (2) side lot lines measured at the required setback line.

e.

Lot area. The computed area contained within the lot lines.

Manufacturing facilities. A building or structure used primarily for heavy or light industry or the manufacture or assembly of a product including processing, blending, fabrication, assembly, treatment and packaging.

Nonconforming lot. Any zone lot in single ownership, where the owner of said lot does not own any adjoining property, the subdivision of which could create one or more conforming lots, which does not conform with the minimum area or dimensions required in the district where such lot is situated or for any special use, as the case may be.

Nonconforming structure. A structure or sign which does not conform to the regulations of this chapter for the district in which it is located.

Nonconforming use. A building, structure or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located.

Parking area, commercial. An open area, other than a street or public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

Pay telephones. Any publicly accessible, self service or coin or credit card operated telephone.

Religious use. A church, temple, synagogue, mosque or other similar place of worship.

Renewable energy. Energy that is collected from resources which are naturally replenished on a human timescale and includes: solar - photovoltaic (PV) and thermal, wind, biomass, low impact hydro - electric and kinetic, ocean - thermal, wave or tidal, geothermal, landfill gas, fuels cells that use renewable energy, and bio fuels.

Research and development facilities. A building or structure 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.

Residential group development. A structure or a group of structures which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas.

Rooming house. A dwelling unit containing rooms rented for compensation for the rooming or boarding of at least four (4) persons. Also known as boarding and lodging houses.

Sign. A name, identification, description, display or illustration or any other visual display which is affixed to, or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.

However, a "sign" shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A "sign" shall not include a sign located completely within the enclosed building except for illuminated or animated signs within show windows. Each display surface of a sign shall be considered to be a "sign".

Sign, advertising billboard. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.

Special use. A use which because of its unique characteristics requires individual consideration in each case by the board of appeals before it may be permitted.

Story. That portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

a.

Half story. A half story which is situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment.

b.

First story. The lowest story or the ground story of any building, the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior walls of the building.

Street. The right-of-way, including sidewalks, of a public way, or private way used or intended for use by vehicular traffic.

Structure. Anything assembled at a fixed location to give support or shelter such as a building, tower, framework, retaining wall, sound attenuation wall or device, discharge stack, fence, sign, flagpole or the like.

Structural alteration. Any changes in the supporting members of a building, such as walls, columns, beams or girders.

Yard. An open space, which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

a.

Yard, front. An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.

b.

Yard, rear. An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.

c.

Yard, side. An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.

Zoning map or zoning district map. The zoning map or maps of the City of Brockton, Massachusetts, together with all amendments subsequently adopted.

Zoning officer. The zoning officer shall be the building inspector of the city.

(Code 1965, § 27-61; Ord. No. D228, 12-19-86; Ord. No. D231, 3-12-87; Ord. No. D375, 9-28-95; Ord. No. G071, § III, 6-28-10; Ord. No. K02, 10-24-16; Ord. of 9-11-2023(2))