For the purposes of this chapter, certain terms and words are herein defined as follows: Words used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular; the term "shall" is mandatory and not directory; the term "may" is discretionary; the term "lot" includes the term "plot"; the term "land" includes the terms "marsh" and "water."

Accessory building or use means a use, or detached building, which is located on the same lot with the main building or use and which is subordinate and customarily incidental to the use of the main building or the land.

Adult day care facility, large, means a social day care (SDC) program or an adult day health program as those terms are defined by the state executive office of elder affairs (EOEA), serving more than ten persons.

Adult day care facility, small, means a social day care (SDC) program or an adult day health program as those terms are defined by the state executive office of elder affairs (EOEA), serving not more than ten persons.

Adult entertainment establishments shall include adult bookstores, adult motion picture theaters, adult paraphernalia stores, adult video stores, or establishments which display live nudity for their patrons as defined by M.G.L. c. 40A, § 9A, as amended.

Airport related uses.

(1)

The term "airport related uses" means a use or activity whose purpose or function is primarily or partially dependent on location and/or access to the operations of an airport and whose functions are necessary for the daily operations and economic viability of a full-service commercial airport.

(2)

The term "airport related uses" does not mean park and fly facilities, ride/park and fly facilities, or airport related employee parking.

Ambulance service means the business or regular activity, whether for profit or not, of providing emergency medical services, emergency response, primary ambulance response, training of employees, pre-hospital emergency medical care, with or without transportation, of sick or injured individuals by ambulance as defined by M.G.L. Chapter 111C.

Animal hospital or veterinary facility means commercial medical facilities for keeping animals to be treated, in treatment or recovering from treatment, in accordance with normal veterinary practice as established by the state board of registration and veterinary medicine.

Apartment building means a dwelling designed to accommodate four or more dwelling units.

Art use means the creation, manufacture or assemblage of visual art, including two or three dimensional works of fine art or craft, or other fine art objects created, manufactured or assembled for the purpose of sale, display, commission, consignment or trade by artists or artisans; or classes held for art instruction.

Attached dwelling means a single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. The term "attached dwelling" also refers to townhouses, townhouse dwellings or rowhouses.

Barbershop means a shop licensed by the state board of registration of barbers and owned and operated by a state certified barber.

Bed and breakfast means the providing of room and breakfast in a dwelling to not more than three transient guests for remuneration. There shall be no more than two persons per room. There shall be adequate off-street parking for residents and guests.

Boardinghouse means a building or premises, other than a hotel, inn, motel, tourist house or lodginghouse, where rooms are let and where meals may be regularly served by prearrangement for compensation; not open to transient guests, in contrast to hotels, restaurants and tourist homes, open to transients.

Building means a combination of any materials, whether portable or fixed having a roof, to form a structure for the shelter of persons, animals or property.

Building coverage means the aggregate ground floor area of all buildings on the lot, including accessory buildings but excluding unroofed terraces and steps and cornices, eaves or gutters projecting not more than 30 inches, expressed as a percentage of the lot area.

Building height means, for the purpose of this chapter, the height of any building, which shall be the vertical distance from the mean finished grade of the building to the highest point of the top story (in the case of a flat roof) or to the mean distance between the plate and the ridge (in the case of a pitched roof). (See section 34-78(j) for exceptions to height regulations.)

Building lot. See Lot.

Child care facility means a day care center or school age child care program, as those terms are defined in M.G.L. c. 15D, § 1.

Club means a building or portion thereof or an area which is used to meet the social and recreational needs of a nonprofit group or organization to which membership is required, with or without the sale of alcoholic beverages.

Commercial recreation, indoor means establishments providing amusement, recreation, entertainment and public play facilities typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated amusements and/or electronic games, bowling alleys, laser tag, paintball, archery tag, rock climbing, minigolf, karting, e-sports, trampoline, adventure park, trapeze, rope courses, ninja courses, golf, mystery puzzle physical adventure games, ice skating and roller skating, indoor play center, dodgeball, martial arts studios, virtual reality, and other indoor activities now or in the future determined to be substantially similar to the above by the zoning enforcement officer; together with uses customarily accessory thereto, including food and beverage service. Indoor commercial recreation does not include a dance floor, adult entertainment, or shooting ranges. All noise is to be confined to the building.

Community residence means a nonprofit group living arrangement for individuals who cannot easily maintain or occupy their own housing, financially or otherwise, but who do not need nursing home or other institutional care. The individuals living together may care for themselves or have some support services. There shall be no more than six persons per residence. There shall be no more than two persons per bedroom. See also Shared elderly housing.

Condominium means a system of real estate ownership in which a person, partnership or corporation owns one or more units or parcels in a multiunit structure or parcel of land plus an undivided interest in elements and/or components owned jointly by all of the unit or parcel owners, or as defined in M.G.L. c. 183A.

Congregate housing means a shared residential living environment for six or more people which integrates shelter and service needs of functionally impaired and/or socially isolated older persons (age 50 years or older) who are otherwise in good health and can maintain a semi-independent lifestyle and who do not require constant supervision or intensive health care as provided by an institution. Each resident has a bedroom (or may share a bedroom) and may have a separate living room, kitchen, dining area or bathroom, and may share living, dining and bathroom facilities with other older persons, such as in a common dining facility.

Conversion means a transformation of all or a portion of a building which results in a greater number of units of each use.

Cooperative means a system of ownership in which shares in a corporation are owned, entitling owners to occupancy of a portion of real estate owned by the corporation.

Corner lot means a lot located at the intersection of two or more streets or ways having an angle of intersection of not more than 135 degrees.

Courier services means establishments primarily engaged in the delivery of individually addressed letters, parcels and packages (generally under 100 pounds), except by means of air transportation. Delivery is usually made by street or highway within a local area or between cities.

Design review means the process wherein a developer's site plan is submitted to the city for examination and evaluation of the technical elements of the submitted materials as well as determination of how well the plan itself meets officially adopted criteria.

Designate port area (DPA) means an administrative area designated by the commonwealth under 301 CMR 25.00 that reserves geographic areas for current and future water-dependent industrial and supporting industrial and commercial uses.

Detached dwelling means a building which is designed or occupied as a single-family residence on its own lot and is separated by side and rear yards from any other structure or structures, except accessory buildings.

Distribution means the movement of products, generally between storage and retail locations.

Docks, commercial, means that area of a wharf or pier, which is used in connection with some type of waterborne commercial activity.

Dog kennel/dog daycare means the business or regular activity, whether for profit or not, of boarding, holding, daycare, overnight stays or training of dogs that are not the property of the owner of the establishment, at which services are rendered in exchange for consideration and in the absence of the owner of any such dog, provided that the kennel or dog daycare is not an animal shelter or pet shop and is licensed by the Chelsea Board of Health.

Duplex house means a house containing two dwellings adjoining side by side; that is, in which no part of one dwelling unit is over any part of the other dwelling unit. A duplex house shall be considered as one principal building occupying one lot for the purpose of determining yard requirements. The term "duplex house" is synonymous with the term "semidetached dwelling."

Dwelling.

(1)

The term "dwelling" means any building or part thereof, used for habitation for one or more persons.

(2)

The term "dwelling" does not include commercial accommodations for transient occupancy, or trailers or mobile homes, however mounted.

Dwelling unit means one or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one family.

Educational use, nonexempt, means a facility providing educational services, such as a dance studio or a martial arts classroom, but not exempt pursuant to M.G.L. c. 40A, § 3.

Electric vehicle collision repair means structures or lots used for the service of electric powered vehicles, including tire changing, wheel alignment, hardware replacement, windshield wiper fluid replacement, software updates, painting or major body repairs, with all work on the vehicles occurring within the structure, vehicles awaiting repair stored within a screened area, and no outside storage of materials, parts, and/or vehicles undergoing repair.

Everett Avenue urban renewal area means the Everett Avenue urban renewal plan prepared in accordance with M.G.L. c. 121B and adopted by the city council on March 23, 1998, as delineated on the zoning map, and amended from time to time, is fully incorporated into this chapter.

Exhibition hall means an establishment at which pictures, art, exhibitions, multi-media, virtual reality, sculptures or other objects of interest are displayed for the purpose of amusement, entertainment, or education. An exhibition hall does not include adult entertainment. All noise is to be confined to the building.

Family means any number of related individuals living together in one dwelling unit as a single housekeeping unit as distinguished from a group occupancy, a lodginghouse, roominghouse, club, hotel or other communal arrangements; provided, however, that not more than four unrelated persons may constitute a family for the purposes of this chapter.

Family day care home, large, means any private residence operating a facility as defined in M.G.L. c. 15D, § 1.

Family day care home, small, means any private residence operating a facility as defined in M.G.L. c. 15D, § 1.

Filled tidelands means former submerged lands and tidal flats which are no longer subject to tidal action due to the presence of fill.

Fishing pier does not include the processing of fish.

Floor. See Story.

Floor area means the sum of the interior floor area of the floors of a building, exclusive of basements, stairwells, halls, bathrooms, corridors, attics, walls, partitions, porches, and attached accessory buildings, as measured between exterior faces of walls.

Floor area ratio means the gross floor area of all buildings on the lot divided by total lot area.

Freight forwarding terminal means a structure or area where freight brought by truck or rail is stored for routing and reshipment.

Frontage means the linear extent of a lot measured along a city accepted street or public or private way from the intersection of one side lot line to the intersection of the other of the same lot, which can be used for access to the lot but not including any portion thereof devoted to a right-of-way or a driveway serving more than one lot or dwelling.

Garage, private.

(1)

The term "private garage" means covered space for the housing of motor vehicles, including a space accessory to a dwelling unit used by the resident thereof.

(2)

The term "private garage" does not include the rental of more than two stalls or for commercial repair or commercial storage.

Garage, public.

(1)

The term "public garage" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

(2)

The term "public garage" does not include the dispensing of gasoline or oil to motor vehicles.

General service establishment means establishments for trades and crafts which require manual dexterity, including but not limited to shops such as the following: plumbers, electricians, painters, paperhangers, upholsterers, sign painters, printers and monument works.

Gross floor area.

(1)

The term "gross floor area" means the sum, in square feet, of the gross horizontal areas of all of the floors of a principal building, and its accessory buildings on the same lot, including basements and cellars, as measured from the exterior faces of the exterior walls or centerlines of walls separating two buildings, including:

a.

Elevator shafts and stairwells on each floor;

b.

Attic space with a structural headroom of seven feet or more, except as hereafter excluded;

c.

Interior mezzanines and penthouses;

d.

Basement and cellar areas not devoted exclusively to uses accessory to the operation of the building;

e.

All-weather covered habitable porches and balconies.

(2)

The term "gross floor area" does not include:

a.

Areas used for parking garages, accessory parking or off-street loading purposes;

b.

Basement and cellar areas devoted exclusively to uses accessory to the operation of the building;

c.

Open or lattice-enclosed exterior fire escapes;

d.

Attic space and other areas for elevator machinery or mechanical equipment accessory to the building;

e.

Open porches and balconies.

Areas excluded from gross floor area are still subject to all dimensional requirements, including minimum yard setbacks and maximum building coverage.

Hazardous materials means a substance or solid material in a quantity or form that significantly contributes to serious illness or death, or that poses a substantial threat to human health or poses an unreasonable risk to health, safety, property or the environment when improperly managed, including all materials listed as hazardous by the Environmental Protection Agency, under the Toxic Substance Control Act, Federal Resource Conservation and Recovery Act or similar authority, the Department of Energy or by the state pursuant to applicable Massachusetts General Laws.

Health and fitness club means a private facility for the purpose of providing physical fitness, exercise, therapy, rehabilitation, and health related services, such as, but not limited to: gyms, tennis clubs, pickleball clubs, racquet clubs, and other indoor activities determined to be substantially similar to the above by the zoning enforcement officer.

Height. See Building height.

Home occupation.

(1)

The term "home occupation" means an accessory use which by custom has been carried on entirely within a dwelling unit, and is incidental and subordinate to the dwelling use. In connection with such use, there shall be no retail sale of merchandise on the premises.

(2)

The term "home occupation" does not include barbershops, commercial stables or kennels, teaching of more than three pupils simultaneously, and in the case of musical instruction, more than one pupil at a time.

Hotel, motel or inn means a building designed or used for six or more paying guests, primarily the temporary abode of persons who have their residence elsewhere, who are lodged, with or without meals, and in which major provision for cooking may be made in a central kitchen, but may not be in the individual rooms or suites.

Hotel/motel, extended stay lodging, means a hotel, motel or guest quarters containing a minimum of 50 guest units intended primarily for rental to transient guests, who have a primary domicile elsewhere, by the day, week or longer and which may contain kitchenette facilities. A kitchenette facility may include a refrigerator, two burner stove, microwave oven, dishwasher and sink, but may not include a conventional oven.

Industrial park means an area planned for occupancy for more than one industrial establishment with shared common areas.

Intensive use area means the area of a project, outside of any structure where materials are stored or manipulated as part of the use. This area does not include required parking or landscaping.

Junkyard facility means an area or structure used for the storage and/or sale of old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris; waste, junked, dismantled or wrecked automobiles, or parts thereof; iron steel, and other old or scrap ferrous or nonferrous materials; and any item that contains a hazardous material as defined by the state department of environmental protection (DEP).

Kennel means facilities for keeping three or more animals, three months old or older, on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where animals are customarily kept for sale, but this definition shall not include any business that meets the definition of dog kennel/dog daycare.

Kindergarten means a school or class of young children, usually from four to six years of age.

Landscaped area means land fully developed and maintained to present a pleasant appearance and to stabilize the soil, using primarily vegetation and natural features of the site, although these may also be supplemented by decorative paving.

Lateral access means a barrier-free pedestrian way along the water's edge with unobstructed connections to public access on adjoining parcels or to the public right-of-way.

Laundry, industrial means a centralized contract facility that washes or dry cleans garments and articles or goods of fabric, including but not limited to, restaurant, hotel or institutional bed linens or uniforms, in bulk for other businesses.

Light industry or light manufacturing.

(1)

The term "light industry" or "light manufacturing" includes the following (with related offices), provided that such uses shall not include the sale or transfer of flammable liquids, gas, explosives or other potentially hazardous materials, except for the uses operating under a license granted under the authority of M.G.L. c. 148 as of the date of the ordinance from which this chapter is derived:

a.

Assembly of previously prepared or manufactured parts;

b.

Laboratory or research establishments, including renewable or alternative energy research and development facilities.

c.

Machine shops or other metal working;

d.

Printing and graphic arts establishments;

e.

Manufacture, compounding, processing, packaging, stamping or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceutical, toiletries and food products, and wood.

f.

Renewable or alternative energy manufacturing facilities.

(2)

The term "light industry" or "light manufacturing" does not include the rendering of fats or oils.

Loading space, off-street, means an off-street space or berth, on the same lot with a building, for the temporary parking of vehicles while loading or unloading merchandise or material, and which has access to a street or other appropriate means of ingress and egress.

Lodginghouse, licensed, means any dwelling other than a hotel or motel, inn or tourist home in which living space is let to four or more persons.

Logistics center means a business that contracts with third parties to perform shipping and storage. The majority of items shipped shall be routed from an off-site location to an off-site location without being stored on site.

Lot means an area or parcel of land or any part thereof in individual, joint or common ownership, or in ownership by the entirety, which is designated on a plan as a separate lot and which has boundaries identical with those on a plan recorded in the county registry of deeds.

Lot area means the horizontal area of the lot exclusive of:

(1)

Any area in a street or private way open to public use, and

(2)

Any water area below the mean higher high-tide line.

Lot coverage means the building footprint area expressed as a percent of the total lot area.

Lot width means the shortest distance between the side lot lines of the lot measured at the minimum setback line.

Major commercial project means any nonresidential development or use:

(1)

Having 25,000 square feet of gross floor area; or

(2)

Generating more than 500 vehicle trips per day, as calculated using the most recent ITE manual; or

(3)

Requiring more than 100 parking spaces by the terms of section 34-106.

Manufacturing means the fabrication of raw materials or assembly of parts or materials fabricated off site.

Manufacturing, bio-tech, means the use of living organisms, parts of organisms, or the products of organisms to develop microorganisms for specific uses.

Marina means a waterfront commercial activity whose primary purpose is the seasonal or year-round rental of berthing space for pleasure craft. Accessory uses include boat repair facilities, boat launching equipment, a fueling station, the sale of nautical equipment, and administrative space.

Materials recovery facility (MRF) means an area in conjunction with a structure/building designed to receive and process materials such as wood, paper, metals or plastics for the purpose of recycling said materials into usable products and/or materials for resale to industry and commerce; it shall not be construed that an MRF can be utilized for the production of energy for either public or private purposes.

Mean higher high water line means the line marking the average of the higher high water height of each tidal day as observed over the National Tidal Datum Epoch and defined by the National Oceanic and Atmospheric Administration.

Medical center.

(1)

Any facility in which a variety of medical and/or dental services will be practiced by Massachusetts licensed medical and dental professionals, on an outpatient basis. Services may include and are not limited to: Cardiology; geriatric medicine, mental health, hematology, neurology, obstetrics/gynecology; occupational health; oncology; rehabilitation medicine; emergency dental services; dental exams and preventative dental care; dental restorative services; and dental rehabilitative services.

(2)

The term "medical center" does not include hospitals, medical marijuana dispensaries, clinics and substance abuse treatment centers.

Medical marijuana treatment center shall mean a not-for-profit entity, as defined by Massachusetts law only, registered under the law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. It shall further mean only those treatment centers registered with the commonwealth's department of public health.

Mobile home means any vehicle or object, which is drawn by or used in connection with a motor vehicle, and which is so designed and constructed or reconstructed or added to by means of such accessories as to permit the use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundations. The term "mobile home" includes the type of vehicle or modular construction commonly known as a mobile home, containing complete electrical, plumbing, and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters.

Motel. See Hotel.

Motor freight terminal. See Freight forwarding terminal.

Motor vehicle parts stores means retail sales of parts, including accessory repairs conducted within a completely enclosed structure.

Motor vehicle repair, sales, filling station, storage. See Garage, private, garage, public, and gasoline station.

Motor vehicle service station means structures or lots used primarily for the retail sale of gasoline or oil, the sale and installation of tires and other automobile accessories, garages and bays for maintenance of motor vehicles; but excluding car washes and places of business which engage primarily in motor vehicle repair work requiring a license, auto body work, auto body spraying, and painting of motor vehicles.

Moving company.

(1)

The term "moving company" means any person or entity, who directly, or by an agent or under a lease or any other arrangement, or by arrangement with any other moving company or with any contract carrier, transports property, or any class of property, for the general public by motor vehicle, for compensation, upon ways, over regular or irregular routes, including carriers by rail or water and express or forwarding companies, when engaged in such motor vehicle operations. On-site storage, if any, shall not exceed 30 percent of gross floor area.

(2)

The term "moving company" does not mean freight forwarding terminals.

Multifamily. See Apartment building.

Municipal means a facility operated by the city.

Municipal education building being rehabilitated or converted means the conversion from such use to a nonmunicipal use for any use, by right, special permit or site plan approval, as allowed in the underlying zoning; and professional, business and governmental offices; research, development of software, and other development operations including related business office; medical offices; and light industrial establishments and residential dwellings containing three or more units.

Noncommercial research facility includes laboratories and other research facilities or educational institutions which supply services for a fee to persons other than enrolled students. No manufacturing associated with noncommercial research facility shall be located within the or Light Industrial District.

Nonconforming lot means any lot which does not conform to the regulations for the district in which it is located; provided that such lot was in existence and lawful at the time of publication of the first notice of the public hearing before the city council or the special permit granting authority respecting the regulation to which it does not conform.

Nonconforming structure means any structure which does not conform to dimensional regulations or to the parking and loading requirements of this chapter for the district in which it is located; provided that such structure was in existence and lawful at the time of the publication of the first notice of the public hearing before the city council or the special permit granting authority respecting the regulation to which it does not conform.

Nonconforming use means any use of land or building which does not conform to the regulations for the district in which it is located; provided that such use was in existence and lawful at the time of publication of the first notice of the public hearing before the city council or the special permit granting authority respecting the regulation to which it does not conform.

Nursery school means a place for group preschool training of children.

Office park means an area planned for occupancy of more than one office establishment with shared common areas.

Outdoor cafe and dining area means a portion of an immobile retail food establishment located on a public right-of-way directly adjacent to an existing retail food establishment. No additional parking is required for an outdoor cafe and dining area due to its temporary nature.

Park and ride/park and fly facility, or similar term means a facility for storage of vehicles for rent or for transient parking of vehicles for driver and/or passenger transfer to another vehicle or mode of transportation.

Parking area, community, means a parking area or facility which serves uses within more than one building or on more than one lot.

Parking area or facility means a building, structure, lot or part thereof where off-street parking spaces and waiting areas are provided including a park and ride, park and fly facility.

Parking space means a space inside or outside a structure for exclusive use as a parking stall for one motor vehicle.

Personal service establishment means personal services provided by a barbershop or beauty shop, professional, business or governmental office, bank; repair and maintenance of clothing and household articles by a cleaning or laundry agency or automatic equipment; cobbler, tailor, valet service; radio, television and appliance repairs; upholsterer.

Point access means a barrier-free pedestrian way leading from a public right-of-way to the water's edge with a terminus designed to provide the public with a safe, comfortable vantage point from which to view the water, surrounding activities, and vistas. The street end of the access way shall be posted with a public access sign approved by the city.

Principal use means 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.

Residential care facility means a facility consisting of independent and semi-independent dwelling units, each occupied by not more than two residents per dwelling unit, at least one of whom is 55 years of age or older; said facility shall have available on-site passive and active recreational facilities, supervised and unsupervised activities, housekeeping assistance, and full-time medical personnel to provide medical services, including, but not limited to, dietary and nutritional assistance and nursing care.

Residential planned development parcel means any parcel or assemblage of parcels that are the subject of an RPD special permit. The real property that is the subject of an RPD is as shown on an RPD plan approved by the zoning board of appeals, pursuant to the special permit requirements of section 34-214, and approved by the planning board, subject to the site plan review requirements of section 34-215.

Restaurant.

(1)

The term "restaurant" means an establishment, other than a fast food restaurant, where the principal activity is the service or sale of prepared food or drink for on-premises or off-premises consumption.

(2)

The term "restaurant" does not include facilities providing adult entertainment.

Restaurant, fast food, means an establishment whose primary business is the sale of food for consumption on or off the premises which is:

(1)

Primarily intended for immediate consumption rather than for use as an ingredient or component of meals;

(2)

Available upon a short waiting time; and

(3)

Packaged or presented in such a manner that it can be readily eaten, either inside or outside the premises where it is sold.

Retail means a business which supplies commodities, but not including exterior sales or services, drive-in or window services or the provision of any amusement, live or mechanical, except music or as incidental to the operations of a permitted church, school, club or similar nonprofit institution or educational use.

River or stream, bank of, means rising ground bordering a flowing body of water.

Rowhouse. See Attached dwelling.

Screen means to shield from view in the manner described herein.

Shared elderly housing means a dwelling unit shared by six or fewer residents, whether or not related to one another, each of whom is 55 years of age or older.

Shopping center means an area planned for occupancy by more than one retail establishment with shared common facilities.

Short-term rental(s) means the use of a residential unit for residential occupancy by a person or persons for a period of fewer than 30 consecutive calendar days for a fee, provided that such residential unit meets the definition of a limited share unit or owner-adjacent unit set forth in chapter 6, section 6-5 of this Code of Ordinances.

Sign means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, whether stationary or portable, by which anything is made known, such as are used to designate or locate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public or private street or right-of-way and used to attract attention.

Site plan, major, means any application for permits to build, alter or expand any building, structure or use in any district where such construction will exceed the standards for a minor site plan.

Site plan, minor, means an application for permits to build, alter or expand any building, structure or use in any district where such construction will not:

(1)

Exceed a total gross floor area of 8,000 square feet; and

(2)

Generate the need for more than 25 parking spaces.

For the purposes of computing the total gross floor area or parking spaces, all such applications made within the five previous calendar years shall be considered in the aggregate.

Storage means the deposit and care of materials in a warehouse or otherwise for safekeeping and/or ultimate distribution.

Storage, bulk, means the storage of raw materials, including fuel.

Storage of vehicles for hire or return from hire means an area set aside for the storage of vehicles that are hired for a period of time for the purpose of transporting passengers, including, but not limited to, vehicles owned by rental car companies, taxi-cab businesses or transportation network companies.

Story.

(1)

The term "story" means that part of a building or structure between any floor and the floor or roof above. For the purpose of this chapter, where a building or structure is not divided into stories, the term "story" shall be considered to be up to 12 feet in height.

(2)

The term "story" does not include any cellar, basement or parking area that has more than half of its clear height below the average finished elevation of the finished lot grade. Further, steeples, penthouses and other projections used or intended to be used exclusively for utility service or access to the roof shall not be deemed a story.

Stream, bank of. See River or stream, bank of.

Street means a right-of-way which has been dedicated or intended for public travel, or private way offering the principal means of access to abutting properties.

Street line means the dividing line between a street and a lot and, in the case of a public way, the street line established by the public authority laying out the way upon which the lot abuts.

Structure means any construction, erection, assemblage or other combination of materials upon the land, necessitating pilings, footings or a foundation, for attachment to the land to give support or shelter such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, fence of more than six feet in height, platform, swimming pool or the like. See Temporary structure.

Substance abuse counseling center shall mean any facility that provides substance abuse counseling practiced by a Massachusetts licensed professional, on an outpatient basis. A substance abuse counseling center shall not include any dispensing of medication to treat substance use disorders. The term substance abuse counseling center does not include hospitals, medical marijuana treatment centers, or substance abuse treatment centers. Any facility that dispenses any medication for the treatment of substance use disorders shall be determined to be a substance abuse treatment center and subject to that definition.

Substance abuse counseling center shall mean any facility that provides substance abuse counseling practiced by a Massachusetts licensed professional, on an outpatient basis. A substance abuse counseling center shall not include any dispensing of medication to treat substance use disorders. The term substance abuse counseling center does not include hospitals, medical marijuana treatment centers, or substance abuse treatment centers. Any facility that dispenses any medication for the treatment of substance use disorders shall be determined to be a substance abuse treatment center and subject to that definition.

Substance abuse treatment center means a facility providing substance abuse treatment services, including, but not limited to, counseling services, therapy sessions and/or the dispensing of medication to treat substance abuse, provided that:

(1)

Adjacent properties are adequately protected from noise, odors and unsightly appearances.

(2)

The hours of operation will not negatively impact surrounding areas in terms of traffic flow, nor create increases in traffic volume during peak periods in surrounding areas.

(3)

Such facilities are located not less than 1,000 feet from properties used for public or private kindergartens, elementary schools, or secondary schools, unless the substance abuse treatment center is located within an existing medical center.

Supporting commercial use means a commercial use in a designated port area that provides water-dependent industrial use in the DPA with direct economic or operational support.

Supporting industrial use means a non-water-dependent industrial use in a designated port area that provides water-dependent industrial use in the DPA with direct economic or operational support.

Swimming pool means an artificial pool of water or a natural pool with a depth of two feet or more at any point or 75 or more square feet of surface and used for swimming or bathing, located indoors or outdoors, together with the equipment and appurtenances used in connection with the pool.

Temporary structure means a structure which is erected for not more than a year. Such structures shall include tents, portable bandstands, bleachers, reviewing stands, a mobile home used in conjunction with construction activities or other structures of similar character. Such structures are deemed accessory uses permitted by special permits through special permit granting authority action in accordance with section 34-214.

Tourist home. See Hotel.

Townhouse. See Attached dwelling.

Trade or craft shop means facility serving a plumber, electrician, carpenter, including accessory office space, but not including a storage area or staging area for construction companies.

Trailer means any vehicle or object which is drawn by a motor vehicle.

Truck terminal means any premises where the principal use is the outdoor or indoor storage, service, maintenance or repair of truck, bus, van, automobile or other motor vehicle fleets.

Veterinary. See Animal hospital.

Warehouse means a structure designed or used for the storage of goods.

Water-dependent industrial use means industrial uses that require direct access to or location in tidal waters, and therefore cannot be located away from said waters, including those categorically defined as such at 310 CMR 9.12(2)(b).

Water-dependent use zone means an area of filled tidelands, as described in 310 CMR 9.51, running landward of and parallel to the project shoreline extending in width for the lesser of 100 feet or 25 percent of the weighted average distance from the present high water mark to the landward lot line of the property, but no less than 25 feet; along the ends of piers and wharves, extending the lesser of 100 feet or 25 percent of the distance in question to the base of the pier or wharf, but no less than 25 feet; and along the sides of piers and wharves, extending the lesser of 50 feet or 15 percent of the edge in question to the opposite edge, but no less than ten feet.

Wholesale means the sale of goods in large quantity, for the purpose of resale and completely enclosed in a building. Such uses shall not include the sale or transfer of flammable liquids, gas, explosives or other potentially hazardous materials, except for those uses operating under a license granted under the authority of M.G.L. c. 148 on or before June 16, 1986.

Yard means an open space, other than an enclosed court, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and a lot line, and is not occupied or obstructed from the ground upward by a building or a structure, except for fences.

Yard, front, means a yard extending across the full width of the lot and lying between the street line of the lot and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and front lot line.

Yard, rear, means a yard extending across the full width of the lot and lying between the building and the rear lot line.

Yard, side, means a yard between the side lot line of the lot and the nearest line of the building, and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and the side lot line.

Zoning enforcement officer means the person appointed under applicable city or state law who shall be duly charged with the enforcement of this chapter.

(Ord. of 6-20-2005, § 10.0; Ord. of 9-27-2010(01), § 5; Ord. of 9-27-2010(02); Ord. of 10-17-2011; Ord. of 6-25-2012, § 1;  3-18-2013, § I;  6- 3-2013(2), § I; Ord. of 5-4-2015(2), § 1; Ord. of 11-7-2016(1); Ord. of 11-21-2016(7); Ord. of 11-21-2016(8); Ord. of 11-21-2016(12); Ord. of 6-19-2017(1); Ord. of 3-13-2017; Ord. of 6-17-2019; Ord. of 6-17-2019; Ord. of 12-23-2019, § 1; Ord. of 3-8-2021(5), § 14; Ord. of 10-03-2022 (1), § 1; Ord. of 12-21-2023(1)§§ 1,3,4)