ACCESSORY

AMENITY — A condition or facility that provides comfort or pleasure, including but not limited to desirable exposure to sunlight, protection from adverse microclimate, contribution to favorable microclimate, pleasant views of sky, cityscape, landscape, or works of art, preservation of trees or historic structures, provision of assets or conveniences such as specimen trees or benches.

AMMUNITION — As defined or amended by State statute or regulations, cartridges or cartridge cases, primers (igniters), bullets, tear gas cartridges, or propellant powder designed for use in any Firearm. For the purposes of this definition, "Firearm" is to have the meaning prescribed in this By-Law, and shall include, but not be limited to: firearms (as that term is defined in G.L. c. 140, § 121), rifles or shotguns.

ATTIC — The Space between the ceiling beams, or similar structural elements, of the top story of a building and the roof rafters. The top story shall be the story at the highest level of the building.

BASEMENT — That portion of a building which is partly or completely below grade (780 CMR 502). Basement shall also include cellar.

BUILDING — A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed where the context allows as though followed by the words "or part or parts thereof".

CAMPUS — The land owned and occupied by an educational institution for its academic and accessory purposes, consisting of a lot occupied by the main academic buildings, or of lots adjacent to each other or separated from the land occupied by the main academic buildings only by a street.

CAR SHARING ORGANIZATION — A Car Sharing Organization (CSO) is a membership-based entity with a distributed fleet of private motor vehicles that are made available to its members primarily for hourly or other short term use through a self-service fully automated reservation system. A CSO does not include any arrangement where a separate written agreement is entered into each time a vehicle is transferred from a rental company to its customer.

COMMERCIAL MOTOR VEHICLE — Any motor vehicle that is not otherwise defined as a Non-Commercial Motor Vehicle.

COURT — An open space other than a yard, on the same lot with a building and which is bounded on two or more sides by such building.

DECOMMISSION — To make previously habitable space in an existing building uninhabitable by, including but not limited to, removing or blocking required access, light or ventilation or removing ceilings and floors. Space that has been decommissioned shall be included in the gross floor area of a building. The complete and permanent physical demolition of a portion of a building shall not be considered decommissioning and shall reduce the gross floor area by the floor area of the demolished portion of a building previously included in gross floor area only to the extent that the exterior dimensions are reduced.

DORMITORY — A building designed or occupied as a residence for students or staff of charitable, educational, or philanthropic institutions owned or operated by or for such institutions.

DRIVE-IN USES — A retail or consumer service use of land or a building in which the business transacted is conducted by a customer or client from within their automobile.

DWELLING

DWELLING UNIT — A room or group of rooms forming a habitable unit for one family with facilities used or intended to be used for living, sleeping, cooking, and eating.

ELECTRIFICATION EQUIPMENT — Any device that is powered by electricity and that is capable of both heating and cooling or vehicular charging. Air conditioning only condenser units powered by electricity or other fuel sources shall be excluded from this definition. 

ERECT — To construct or reconstruct or excavate, fill, drain, or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction, or to move a building or structure upon a lot.

FAMILY — One or more persons, occupying a dwelling unit and living as a single, non-profit housekeeping unit.

FIREARM — Any device designed or modified to be used as a weapon capable of firing a projectile using an explosive charge as a propellant, including but not limited to: guns, pistols, shotguns, rifles.

FIREARM ACCESSORY — Any device designed, modified or adapted to be inserted into or affixed onto any Firearm to enable, alter or improve the functioning or capabilities of the Firearm or to enable the wearing or carrying about one's person of a Firearm.

FIREARM BUSINESS

FRATERNITY OR SORORITY HOUSE — A building occupied by a group of students of either sex of a school or college as their residence during the academic year.

GROSS FLOOR AREA — The sum of the areas of all floors of all principal and accessory buildings whether or not habitable except as excluded. Gross floor area shall include enclosed porches and the horizontal area at each floor level devoted to stairwells and elevator shafts. Gross floor area shall exclude (a) portions of cellars, basements, attics, penthouses and historically and architecturally significant accessory buildings that are not habitable, provided however that space that has been decommissioned shall not be excluded from gross floor area; (b) except as required in § 5.06, paragraph 4, subparagraph b(3) relating to the parking in Coolidge Corner and as required in § 5.06, paragraph 4, subparagraph d(1)(c)(iv) relating to the parking in the GMR-2.0 District, any floor space in accessory buildings or in the main building intended and designed for parking of motor vehicles in order to meet the parking requirements of this By-law, provided, however, that for single and two-family dwellings the floor space thereby exempted from the calculation of gross floor area shall not exceed 360 square feet per required parking space; (c) elevator penthouses and mechanical equipment enclosures located above the roof, if not habitable; (d) necessary mechanical equipment space in the basement; (e) up to 150 square feet of area in an accessory structure such as a garden or equipment shed; and (f) Bicycle Parking Spaces shall not count toward Gross Floor Area. Measurements shall be from the exterior faces of the walls or from the centerlines of the walls for adjoining buildings. For one-, two- and three-family buildings where the ceiling height measured from the finished floor to the ceiling exceeds 12 feet (including without limitation atriums, vaulted ceilings and cathedral ceilings), gross floor area shall be calculated by dividing by 12 the maximum ceiling height in such areas where the ceiling height exceeds 12 feet, and multiplying the result by the horizontal square footage in such areas where the ceiling height exceeds 12 feet. Space that has been decommissioned shall be included in the gross floor area of a building.

GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION, LARGE OR SMALL — A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, unless it is located on the roof of a water reservoir or similar structure that is not designed for human occupancy. Such an installation is considered large-scale if it has a minimum nameplate capacity of at least 250 kW DC; all installations with a minimum nameplate capacity less than 250 kW DC are considered small-scale.

HABITABLE SPACE — Space in a structure for living, sleeping, eating, or cooking; otherwise used for human occupancy; or finished or built out and meeting the State Building Code requirements for height, light, ventilation and egress for human habitation or occupancy. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas shall not be excluded because excluded from the definition of habitable space under the State Building Code.

HEALTH AND FITNESS CLUB — A private club operated for profit and for members only, solely for the purpose of providing physical fitness, exercise, therapy, rehabilitation and health-related services.

HEIGHT OF BUILDING — The vertical distance of the highest point of the roof beams in the case of a flat roof, or of the top of the rafters at the ridge in the case of a sloping roof, above the level specified in Article V, § 5.30.

HOME OCCUPATION

HOTEL — A structure in which sleeping accommodations are let for compensation primarily to transients and in which a public eating facility is provided and where all room or rooms fall within the definition of M.G.L. 64G, § 1(g) as may be amended.

INTERIOR CONVERSION — Interior conversion is defined as the conversion of existing interior space not previously used for human occupancy in areas such as basements, attics, or penthouses. The addition of any other area for human occupancy shall be deemed an exterior addition.

LIMITED SERVICE HOTEL — A structure in which sleeping accommodations are let for compensation primarily to transients in which no more than 5,000 square feet of space is used for eating, drinking, dancing, meeting halls or similar purposes, and where all room or rooms fall within the definition of M.G.L. 64G, § 1(g) as may be amended.

LANDSCAPED OPEN SPACE (see Open Space, Landscaped)

LODGER — A person who rents space for living or sleeping purposes and who is not within the second degree of kinship to the lessor.

LODGING HOUSE — A dwelling structure in which sleeping accommodations without individual cooking facilities are designed to be let for compensation to four or more persons not within the second degree of kinship to the owner or operator, but not including dormitories, fraternities, or sororities. Notwithstanding the foregoing, a Lodging House, as defined above, may have individual cooking facilities if 100 percent of the rooms are affordable, such that they are deed-restricted to serve, at affordable rents and under one year leases, lodgers with an income which is less than or equal to 80% of area median income for the Boston Metropolitan Statistical Area (as determined by the United States Department of Housing and Urban Development or any successor federal or state program) or any other definition of affordability consistent with the provisions of Chapter 40B of the General Laws and the regulations promulgated thereunder or any amendment thereto. Individual cooking facilities shall meet all requirements of any applicable codes, laws and local regulations with respect to Lodging Houses.

LOT — A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory thereto or for any other definite purpose, in one ownership and not divided by a street, nor including any land within the limits of a public or private way upon which such lot abuts, even if the fee to such way is in the owner of the lot. As used herein, ownership shall mean either:

LOT AREA — The horizontal area of the lot exclusive of:

LOT COVERAGE — The total square footage of all Buildings covering a Lot from a birds eye view.

LOT, CORNER — A lot situated at the junction of two streets, each not less than 20 feet in width.

LOT LINE, FRONT — A line dividing a lot from a street; also where the lot frontage on the street is less than the required lot width in the district in which it is located, any lot line or part of a lot line shall be considered to be a front lot line for purposes of calculating front yard requirements if a straight line drawn from a point on the lot line to and perpendicular to the street providing required access to the lot passes across any part of another lot to which it is contiguous.

LOT LINE, REAR — Except for a triangular, through or corner lot, the lot line opposite or farthest from the street which provides required access to the lot. In the case of a triangular lot where two of the three lot lines are street lot lines, the third lot line shall be considered the rear lot line if it is also the rear lot line of an adjoining lot. In the case of a through lot where the two side lot lines are not street lot lines and the other two lot lines are both street lot lines, no lot line is considered a rear lot line. In the case of a more or less rectangular lot where three of the lot lines are street lot lines, the fourth lot line shall be considered a rear lot line if it is also the rear lot line of an adjoining lot.

LOT LINE, SIDE — Any lot line not a front or rear lot line.

LOT WIDTH — The horizontal distance between side lot lines measured perpendicular to the mean direction of the side lot lines.

MARIJUANA — As defined or amended by State regulations, all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C; provided, however, that "Marijuana" shall not include (1) the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture or preparation of the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (2) hemp; or (3) the weight of any other ingredient combined with Marijuana to prepare topical or oral administrations, food, drink or other products. Marijuana also includes Marijuana Products except where the context clearly indicates otherwise.

MARIJUANA ACCESSORIES — As defined or amended by State regulations, equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing Marijuana into the human body.

MARIJUANA ESTABLISHMENT — As defined or amended by State regulations, a Marijuana Retailer, Marijuana Product Manufacturer, Marijuana Cultivator, Independent Testing Laboratory, or any other type of Marijuana-related business that has been duly licensed by the Massachusetts Cannabis Control Commission or relevant State agency.

MARIJUANA ESTABLISHMENT AGENT — As defined or amended by State regulations, any owner, employee, executive, or volunteer of a Marijuana Establishment, who shall be 21 years of age or older. Employee includes a consultant or contractor who provides on-site services to a Marijuana Establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of Marijuana.

MARIJUANA ESTABLISHMENT BRANDED GOODS — A merchandise item offered for sale by a Marijuana Establishment, and identifiable as being of a particular Marijuana Establishment, distinct from those of other entities, by having the Marijuana Establishment's brand name. A Marijuana Establishment Branded Good does not include Marijuana, Marijuana Products, or Marijuana Accessories. It may include apparel, water bottles or other similar non-edible merchandise.

MARIJUANA PRODUCTS — As defined or amended by State regulations, Marijuana and its products, unless otherwise indicated. Marijuana Products include products that have been manufactured and contain cannabis, marijuana, or an extract from cannabis or marijuana, including concentrated forms of Marijuana and products composed of Marijuana and other ingredients that are intended for use or consumption, including edibles, beverages, topical products, ointments, oils and tinctures. Marijuana Products include Marijuana-infused Products (MIPs).

MARIJUANA, MANUFACTURE — As defined or amended by State regulations, to compound, blend, extract, infuse or otherwise make or prepare a Marijuana product.

MARIJUANA, MARIJUANA MANUFACTURER RESIDENTIAL USE: Residential Marijuana extraction by non-licensed establishments or individuals utilizing extraction processes that pose an explosive or flammable danger, including solvent-based extraction and any method utilizing liquefied petroleum gas ("LPG", as may be defined by NFPA1, including propylene, propane, butane, butylenes, and mixtures thereof).

MARIJUANA, WAREHOUSE — Marijuana Warehouse means an indoor structure or a portion of the structure on the licensed Premises used by a Marijuana Establishment for the onsite storage of Marijuana and Marijuana Products in compliance with the regulatory requirements of 935 CMR 500.000 including the requirements for security, storage and disposal. For Delivery Operators, the location of the Warehouse shall be the Licensee's principle place of business within the Town.

MARIJUANA, WAREHOUSING — Marijuana Warehousing means the onsite storage of Marijuana and Marijuana Products that have been purchased at wholesale for eventual resale.

MARIJUANA, WHITE LABELING — Marijuana White Labeling means to affix a product label that includes the branding, including the name and logo, of a specific Marijuana Establishment Licensee to a Finished Marijuana Product that was previously produced and packaged by a licensed Product Manufacturer, Cultivator, Microbusiness or Craft Marijuana Cooperative for sale to Consumers.

NON-COMMERCIAL MOTOR VEHICLE — Any motor vehicle, regardless of what kind of license plates it has, which is either an Antique Motor Car, Low Speed Vehicle, Limited Use Vehicle, Moped, or Motorcycle, all as defined by the Massachusetts Registry of Motor Vehicles (RMV), or a Private Passenger Motor Vehicle as defined by the RMV that is a sport utility vehicle or passenger van or a Private Passenger Motor Vehicle as defined by the RMV that is a pickup truck or cargo van and of the 1 TON class or less, registered or leased to an individual and is used exclusively for personal, recreational, or commuter purposes, or any other Private Passenger Motor Vehicle as defined by the RMV that has a Gross Vehicle Weight Rating (GVWR) of 6,000 pounds or less, and which also:

NONCONFORMING BUILDING OR LOT — A building or lot that does not conform to a dimensional regulation prescribed by this By-law for the district in which it is located or to regulations for signs, off-street parking, off-street loading, or accessory buildings but which building or lot was in existence at the time the regulation became effective and was lawful at the time it was established.

NONCONFORMING USE — A use of a building or lot that does not conform to a use regulation prescribed by this By-law for the district in which it is located, but which was in existence at the time the use regulation became effective and was lawful at the time it was established.

OCCUPIED — "Occupied" shall include the words "designed, arranged, or intended to be occupied."

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

OPEN SPACE, LANDSCAPED — The part or parts of a lot at ground level designed and developed for pleasant appearance in trees, shrubs, ground covers and grass, including other landscaped elements such as natural features of the site, walks and terraces. Such space may not include lot area used for parking, access drives or other hard surfaced areas, except walks, and terraces as noted above, designed and intended for non-vehicular use. Such hard surfaced walks and terraces may not exceed 30 per cent of the total required landscaped open space.

OPEN SPACE, USABLE — The part or parts of a lot and certain roof or terrace areas designed and developed for outdoor use by the occupants of the lot for recreation including swimming pools, tennis courts, or similar facilities, for gardens, or for household service activities such as clothes drying, and not used for automotive circulation or parking. In addition to these requirements, open space shall be deemed usable only if it satisfies the requirements of § 5.91.

OWNER-OCCUPIED — Serving as the principal or year-round residence of the property owner of record as defined by the Town Assessor and as further documented in §4.05, Paragraph 3.2.

PARKING GARAGE OR PARKING AREA, NON-RESIDENTIAL — A building, structure, lot or part of a lot designed or used for the shelter or storage of commercial or non-commercial motor vehicles used by the users of a lot or lots devoted to a use or uses not permitted in a residential district.

PARKING GARAGE OR PARKING AREA, RESIDENTIAL — A building, structure, part of a building or structure, lot or part of a lot designed or used for the shelter or storage of non-commercial motor vehicles, or any vehicle owned or leased by a Car Sharing Organization with a Gross Vehicle Weight Rating (GVWR) of 6,000 pounds or less and which satisfies paragraphs (a) to (e) of the definition of non-commercial motor vehicles, used by the users of a lot or lots devoted to a use or uses permitted in a residence district.

PORCH, ENCLOSED AND UNENCLOSED — A porch, balcony or deck shall be deemed to be unenclosed, whether roofed or unroofed, if open to the elements or if enclosed only by screens. A roofed porch, balcony or deck, even if unheated, shall be deemed to be enclosed if enclosed by walls and/or permanently by glass, including without limitation fixed windows or movable casement, jalousie, double-hung, awning, hopper, slider or tilt-turn windows.

PRIMARY RESIDENCE — Any property at which a resident resides for at least 183 days of the calendar year.

PRIVATE CLUB OR LODGE — A private club, lodge, or organization operated not for profit, and for members only.

PROFESSION, RECOGNIZED — Architecture, engineering, law, medicine, dentistry, or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning demonstrating successful completion of a prolonged course of specialized intellectual instruction and study, and also possessing evidence of professional capability such as membership in a professional society requiring standards of qualification for admission.

RATED NAMEPLATE CAPACITY — The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).

RECORD GRADE — The elevation of the street at the property line as recorded at either the Norfolk County Registry of Deeds, at the Land Court of the Commonwealth, or in the files of the Town of Brookline.

REPAIR GARAGE — A building or structure designed or used for servicing and repairing motor vehicles completely within an enclosed building.

(Reserved)

ROOF, FLAT — A roof with a slope that is less than 10 degrees.

ROOF, GABLE — A roof with two sides from a central ridge and two eaves on opposite sides.

ROOF, GAMBREL — A compound, gabled roof with two slopes on each of its sides, where the lower has a steeper slope than the upper.

ROOF, HIP — A roof with all sloping sides and horizontal eaves at the base of all sides.

ROOF, MANSARD — A roof having a double slope on all four sides, with the lower slope being much steeper.

ROOF, SHED — A roof with one slope.

SHORT-TERM RENTAL (or "STR") — The rental of a whole or portion of a Dwelling Unit for not more than 27 consecutive calendar days, as otherwise defined by M.G.L. Chapter 64G, Sec. 1, which shall be the Primary Residence of the operator.

In accordance with M.G.L. Chapter 64G, the term excludes properties that are, or that are required by law to be, licensed as a lodging house because the lodgings are rented to four or more persons not within the second degree of kindred to the owner or operator. The term also excludes: (a) properties that are, or that are required by law to be, licensed as a hotel, motel, or bed and breakfast establishment, and (b) Accessory Dwelling Units (as defined and permitted otherwise by the Town's Zoning Bylaw) or their associated primary dwelling units.

SHORT-TERM RENTAL OPERATOR — Any person operating a Short-Term Rental. An Operator must be the owner of the Short-Term Rental Unit.

SHORT-TERM RENTAL UNIT — A whole or portion of a whole Dwelling Unit that is being offered as a Short-Term Rental.

STORY — That portion of a building included between the upper surface of a floor and the upper surface of a floor or roof next above, whether or not such space is enclosed.

SIGN — "Sign" shall mean and include any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by intermittent or repeated motion or illumination.

SIGN, AREA OF

SIGN, ON-PREMISES — A sign or other advertising device which advertises or indicates only the person occupying the premises on which it is located, the merchandise for sale, or the activity conducted thereon.

STREET — A public or private way, alley, lane, court, or sidewalk which is open or dedicated to public use and parts of public squares and places which form traveled parts of highways.

STRUCTURE — A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part thereof".

USABLE OPEN SPACE (See Open Space, Usable)

USE — The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

YARD, FRONT — An open space extending across the full width of the lot and lying between the front lot line or lines and the nearest point of the building.

YARD, REAR — An open space extending across the full width of a lot and lying between the nearest point of the building and the rear lot line, or the corner of a triangular lot farthest from the front lot line in the case of a triangular lot with only one street lot line.

YARD, SIDE — An open space between a side lot line of a lot and the nearest point of the building and extending from the front yard to the rear yard.