A drive-thru facility associated with a fast-food establishment, financial establishment, or pharmacy that provides or dispenses products or services by an attendant or an automated machine to persons remaining in vehicles that are in designated stacking lanes accessory to the principal use.

An accessory dwelling unit (ADU) is a self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities, attached to or within the principal dwelling. It shall be subordinate in size to the principal dwelling unit.

A garage on the same lot or in the same building to which it is accessory and in which no business or industry is conducted. Garage space shall not be provided on such lot for more than two motor vehicles, except that space for one additional motor vehicle may be provided for each 2,000 square feet of area by which the lot area exceeds 4,000 square feet, but space shall not be provided for more than five motor vehicles in any case. Not more than one commercial vehicle shall be stored on such lot.

A subordinate use, building or structure clearly incidental to and customarily found in connection with the principal use, building or structure and which is located on the same lot with the main use, building or structure. A use or activity which is prohibited in the zoning district shall also be expressly prohibited as an accessory use.

Land located in the City of Framingham utilized for agriculture, having a minimum of 15 acres, located in an R-3 or R-4 Single-Family Residential Zoning District, enrolled in MGL c. 61 and/or 61A and consisting of one or more contiguous parcels in one ownership throughout or any combination of parcels of land consolidated under a purchase and sale agreement where all such owners jointly apply for an agriculture preservation development special permit and that do not have a conservation restriction or agriculture preservation restriction on the active farm.

The portion of the active farm that shall have an agriculture preservation restriction (APR) placed on the area in perpetuity. A minimum of 70% of the active farm shall remain as an active farm in perpetuity.

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

One or more dwelling units intended for and solely to be occupied by one or more individuals who have reached at least 62 years of age as defined in MGL c. 151B, § 4(6), and 24 CFR Part 100 (implementation of the Housing for Older Persons Act of 1995). Such dwelling(s) may include one or more persons who are at least 62 years of age living with one or more live-in aides who are below the age of 62.

Any establishment which displays live entertainment which is distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film materials which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

See the definition of "farm and/or agriculture."

A restriction and agreement in perpetuity with owners of an active farm parcel, in accordance with MGL c. 184, § 31. An APR is a legally binding set of restrictions that is monitored and enforced by the Massachusetts Department of Agricultural Resources, a city conservation commission and/or a land trust. Owners of active farms may voluntarily enter into these agreements by selling the APR for a negotiated price based on the appraised value of the restriction.

An outdoor amusement facility of a permanent nature, including carnival or midway, with any or all of the following: rides, water slides, concession stands, and games of chance.

The owner(s) of land and such duly authorized agent(s), representative(s), assign(s) or attorney(s). The owner(s) of land must be included as an applicant to an application, even if not the proponent. Persons or entities other than the owner may also serve as coapplicants in addition to the owner(s); however, in each instance, such person or entity shall file with the appropriate application authority sufficient written evidence of authority to act by or on behalf of the owner(s).

Individual and/or small-scale firms that employ 10 or fewer employees, who are involved in the on-site production of hand-fabricated or hand-manufactured parts and/or custom or craft consumer goods through the use of hand tools or small-scale, light mechanical equipment. Artisan production includes apparel manufacturing, confectionery, jewelry making, wood- and metalworking, pottery and glassmaking, and equivalents. Showrooms and ancillary sales of goods produced on premises are allowed.

The use of all or a portion of a structure for living and work by residents engaged in the creation, manufacturing or assemblage of commercial graphic arts; fine arts, including but not limited to painting, printmaking, ceramics, sculpting; performing and visual arts, including but not limited to dance, photography, music composition, and filmmaking production and pre- and post-production activities (but not to include adult entertainment). Sales of resident-created works are allowed on premises.

An "as-of-right use" refers to a use that is allowed without the need for a special permit, use variance, amendment, waiver, and/or other discretionary approval. As-of-right uses may be subject to site plan review to determine conformance with this chapter.

Housing units and associated facilities designed for the elderly who require daily assistance but who do not require nursing home care. An assisted living housing unit consists of the same characteristics as a congregate living housing unit. Associated facilities typically provide additional services beyond congregate housing, including daily meals and personal services, medical monitoring and supervision. "Assisted living" shall refer to certified assisted living residences only, as defined and certified under MGL c. 19D, and as regulated under 651 CMR 12.00.

Any facility, its structures, accessory uses, paved areas or grounds used wholly or partly to wash and clean the exterior of passenger automobiles, vans, pickup and panel trucks using conveyors to move the vehicle or equipment that moves over or around the vehicle or other automated equipment intended to mechanically wash such vehicles and which is open to the public; subject also to the provisions of § 435-30.

An establishment for the sale or rental of motor vehicles or trailers, including, but not limited to, used car dealers; sale and installation of vehicle accessories conducted within an enclosed structure, subject to special regulations § 435-26 herein. Accessory servicing and repair shall be permitted if sufficiently sound-insulated and confined to premises to protect the neighborhood.

An automobile repair garage or paint shop facility located principally within an enclosed structure, subject to special regulations § 435-26 herein. No vehicles other than those under or awaiting repair or awaiting delivery or pickup after repair shall be stored overnight on the premises except commercial vehicles used in connection with the principal use. Sale of new and/or used cars is prohibited on any lot used as an automobile repair.

The open or enclosed storage of automobiles, excluding outdoor storage of junk or inoperative motor vehicles.

A human habitation that has been deemed historically significant in accordance with § 435-29 of this chapter where rooms are let for not more than 14 consecutive days in any one-year period, a breakfast is included in the rent, and all accommodations are reserved in advance. A bed-and-breakfast shall have the characteristics set forth in § 435-29C(1)(a) through (j) of this chapter.

The use of structural, nonstructural, or vegetative measures designed to reduce erosion, control the movement of sedimentation, decrease peak storm material discharge, and/or improve the quality of stormwater runoff as well as maintain natural hydrology as described in the Massachusetts Department of Environmental Protection's Stormwater Management Handbook and any other applicable local regulations. All new development and redevelopment projects are subject to optimization of phosphorus removal per structural BMP specifications, Vol. 2, Ch. 2, for the Massachusetts Stormwater Handbook.

A dwelling or part thereof which contains one or more rooming units in which space is let or sublet for compensation by the licensee, owner or operator to four or more persons not within the second degree of kindred to the person compensated. A Boarding or Lodging House shall not include inns, bed-and-breakfasts, dormitories, fraternity houses, or similar places; or convalescent, nursing, or rest homes or group residences licensed or regulated by agencies of the Commonwealth.

Restaurants that are licensed by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and the Commonwealth of Massachusetts, under the relevant statutes, to produce and sell beer and/or ale at the location and whose primary business is the sale and preparation of food to be consumed on the premises. Malt beverages, including beer, ales and hard ciders produced on the premises, may be sold to other establishments but shall not exceed 50% of the establishment's production capacity.

A business located in a building where the primary use is for the production and distribution of malt, spirituous, or vinous beverages. A tasting room, not to exceed 25% of the building's gross square footage, is permitted as an accessory use. Any such facility may provide samples at no charge and limited in size as set forth in MGL c. 138 and shall have a Commonwealth of Massachusetts-issued farmer series pouring license. The facility may host marketing events, special events, and/or factory tours. The facility may only sell beverages produced by, and commercial goods branded by, the brewery, distillery, or winery. The facility may sell permitted beverages to consumers for consumption off the brewery premises.

The portion of an active farm that may be used for cluster development. The active farm parcel shall not be included in this area.

Any structure or portion thereof, either temporary or permanent, having a roof or other covering and designed or used for the shelter or enclosure of any person, animal, process, equipment, goods or materials of any kind or nature.

A place in which functions such as directing, consulting, recordingkeeping, and sales (without the presence of merchandise) of a firm are carried on; also a workplace of a physician, dentist, lawyer, architect, registered engineer, accountant, planner, psychologist, or similar profession.

Please refer to "as-of-right use" definition.

Any facility with one or more bays, its structures, accessory uses, paved areas or grounds used wholly or partly to wash, clean and dry the exterior and/or interior of passenger automobiles, vans, pickup and panel trucks and which is open to the public, including both automatic and self-service car washes; subject also to the provisions of § 435-30.

A public or private space used to create and present various performing and visual arts, but excluding movie theaters. A center for performing arts may also include educational and training uses associated with the various performing and visual arts.

A change in part or all of an existing structure from one use category or purpose to another use category or purpose. In a mixed- or multiuse facility, an exchange or rearrangement of principal use categories or components shall not be construed as a change in use unless the net change in any of the factors in the Table of Off-Street Parking Regulations[1] requires an addition of 10 or more parking spaces to the amount required by this chapter prior to the change in use. The calculation of change in use of gross floor area shall be determined by the Building Commissioner based on the aggregate of all changes in use undertaken within a consecutive three-year term.

Retail dealers in milk, grain, fuel, lumber, and/or structural materials.

A portion of the buildable parcel that may be used for active, passive or leisure activities by the residents of the agriculture preservation development.

A portion of the open space buildable parcel that may be used for active, passive or leisure activities by the residents of the open space cluster development.

The planning, scoping, design, implementation, operation, and maintenance of roads in order to reasonably address the safety and accessibility needs of users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural neighborhoods.

Housing units and associated facilities designed for elderly occupants who do not require constant supervision. A congregate living housing unit consists of a room or group of rooms for one or more persons with provisions for living and sleeping for the exclusive use of the individual or household unit. The congregate living housing unit may provide exclusive cooking and sanitary facilities. Associated or shared facilities may include common dining facilities with limited meals, housekeeping services and common space for indoor and outdoor social, educational and recreational activities.

A restriction and agreement in perpetuity for the protection of open space, in accordance with MGL c. 184, § 31. A CR is a legally binding set of restrictions that is monitored and enforced by the Massachusetts Division of Conservation Services, the Framingham Conservation Commission and/or a land trust.

Comprised of residents of the commonwealth and organized as a limited-liability company, limited-liability partnership, or cooperative corporation under the laws of the commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.

Centers for cultural and education programs, events and performances, with indoor and outdoor seating capacity not to exceed a total of 200 seats.

A theater, library, museum, gallery, or any combination thereof.

Land currently used for agriculture and/or farm as defined in § 435-5 shall be considered a developable farm if said property has not utilized its development rights, nor has it been protected from development, nor has an agriculture preservation restriction (APR) been placed on it. The developable farm shall consist of one or more contiguous parcels in one ownership throughout, or any combination of parcels of land consolidated under a joint development agreement.

Land that has not utilized its development rights, nor has it been protected from development, nor has a conservation restriction (CR) been placed on it. The land shall consist of one or more contiguous parcels in one ownership throughout, or any combination of parcels of land consolidated under a joint development agreement.

Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, blasting, soil compaction or drilling operations.

The total square footage of a residential building on a giving parcel to be considered to be transferred to a receiving parcel shall be in accordance with the transfer of development rights residential parcel chart. Accessory structures shall not be utilized for this calculation. The permitted residential building size allowed within the transfer of development rights residential building size chart for the given zoning district that the giving parcel is located in shall be multiplied by the total number of lots allowed by right as determined in the transfer of development rights yield plan. One square foot of residential building area on a giving parcel shall equal one square foot of development potential on a receiving parcel.

Disturbance to an area and/or soils where the existing condition has been or is proposed to be altered.

The portion of a financial establishment, fast-food establishment, or pharmacy that provides or dispenses products or services by an attendant or an automated machine to persons remaining in vehicles that are in designated stacking lanes.

A structure or portion thereof which is exclusively for human habitation.

An increase in the size of an existing structure.

A condition in which the earth's surface, including vegetation, soil or rock fragment, is detached and moved away by the action of water, wind, ice, gravity or other natural environmental means.

The outside area adjacent to each residential unit. Whenever a unit is located on a common lot, there shall be an area designated as an EUA as determined by the original owner of the unit. Such exclusive use area shall be the width of the respective unit and extend no less than 20 feet from the foundation edge of the structure.

An increase in the amount of existing floor area within an existing building.

An accessory use to a dwelling, allowing not more than six children in care, as defined in MGL c. 15D, § 1A, provided that said dwelling and provider have received a license from the Department of Early Education and Care to provide family day care, as defined by MGL c. 15D.

Farming in all of its branches, including the cultivation and tillage of soils; dairying; the production, cultivation, growing and harvesting of any agricultural, floriculture or horticultural commodities; the growing and harvesting of forest products upon forest land; the raising of livestock (including horses; the keeping of horses as a commercial enterprise; the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes; bees and fur-bearing animals); and any forestry or lumbering operations performed by a farmer.

A person engaged in agriculture or farming as previously defined, or on a farm incidental to or in conjunction with such farming operation, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

A food and beverage facility which generally serves ready-to-eat foods and beverages in disposable containers over a general-service counter that customers carry to the restaurant's seating facilities or off premises. In the B-1 and B-2 Districts, no special permit may be issued for a fast-food establishment with a seating capacity which exceeds 36 seats; safety hazards to pedestrians may not be created; and the design of the building must be architecturally compatible with the nearby building group and neighborhood.

Any fill used in connection with a project shall be clean fill and shall not contain any hazardous waste material, trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, asphalt, concrete, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.

The assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.

The ratio of the gross floor area of the building or group of buildings on a lot, including accessory buildings, to the lot area. Any land within the lot area which is located in another zoning district in which the principal use of the lot is not permitted shall be subtracted from the lot area for the purposes of calculating the floor area ratio. Any land within the lot area located beneath a river, or beneath a brook, stream or creek wider than 10 feet, the boundary of which is the upper boundary of the bank, shall be subtracted from the lot area for the purposes of calculating the floor area ratio.

An establishment for the retail sale of gasoline, oil, automotive accessories, and accessory convenience items, and for minor automotive repairs and servicing. Accessory servicing and repair shall be permitted if sufficiently sound-insulated and confined to premises to protect the neighborhood. Sale of new and/or used cars is prohibited on any lot used as a gasoline service station. The use shall be subject to special regulations for service stations and outdoor auto sales, § 435-26.

A developable farm and/or developable open space parcel that is located within a residential zoning district and contains five or more buildable acres.

Light emitted from a luminaire with intensity great enough to produce annoyance, discomfort or visual impairment.

The sum of the area of all stories of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, including any floor area below grade when used for residential, office, business, storage, industrial, or other purposes, but excluding any area used exclusively for heating, air-conditioning or other mechanical equipment, and excluding floor area intended or designed for accessory off-street parking.

The total floor area designed for tenant occupancy and exclusive use, including any basement, mezzanines, or upper floors, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

Land occupied by structures, storage spaces, patios, parking areas, roadways and driveways, and other paved or enclosed areas.

A residential, nonprofit school which provides services substantially paid for by the Commonwealth of Massachusetts to six or fewer individuals who may be handicapped, disabled, or undergoing rehabilitation.

A determination of the required front setback based on the height of a structure that directly fronts a public street where such structures are designed to be located as close to the front setback as possible. The height of the exterior wall that fronts the public way shall be measured from the average finished grade to the start of the roofline. Each five feet of height over 20 feet of an exterior wall shall require an additional five feet added to the front setback requirement of § 435-27B of this chapter. For example, where the minimum front setback is 20 feet and the front exterior wall (measured from the average finished grade to the start of the roofline) of the structure is planned to be 30 feet in height, the front setback would be increased by 10 feet, thus resulting in a thirty-foot setback. All calculations shall be rounded up to the next five feet (for example, a thirty-seven-foot structure would require a forty-foot setback).

An activity customarily conducted by the residents of a dwelling unit, inside the principal dwelling unit, requiring only home equipment, including but not limited to typewriters and computers. The term "home occupation" shall include but is not limited to the office of a resident physician, dentist, lawyer, architect, engineer, accountant, psychologist, or other member of a recognized profession; studio of an artist, musician, or photographer; the office of a sales or manufacturer's representative; secretarial or computer-related activities; tailoring; millinery; handicrafts; and small group instruction or tutoring. Such use shall be allowed, provided no retail or wholesale merchandise transactions are conducted on the premises, with the exception of handicrafts, artwork or clothing produced entirely on the premises. The term "home occupation" shall not be interpreted to include the following: clothing rental, barbershop, hairdresser, restaurant, television repair, real estate broker, orchestra or instrumental group, antique shop, animal hospital, and other similar uses. The term "merchandise transaction" shall not include transactions made solely by mail or telephone, but shall include any pickup or delivery of goods bought or sold as part of the home occupation.

Facilities designed to provide for the physical and emotional needs of the terminally ill.

A building or buildings containing rooming units for transient overnight lodging accommodations, and having a common entrance or entrances and which may include accessory uses such as a conference facility or restaurant. Hotel shall not include a boardinghouse, a lodging house, a rooming house, or a multifamily dwelling.

The use of a building for living purposes, including working, sleeping, eating, cooking or recreation, or a combination thereof, but excluding use for storage only.

Housing units and associated facilities designed for the elderly who are self-sufficient and require no on-site personal or health care services. An independent living housing unit consists of a room or group of rooms designed or intended to provide a habitable unit for one or more persons with provisions for cooking, living, sanitation and sleeping for the exclusive use of the household unit. Associated facilities may include substantial common and socializing areas and other amenities.

An indoor entertainment, amusement or recreational facility, such as a movie theater, bowling alley, billiard room, or arcade.

Indoor recreational facilities such as swimming pool, tennis court, skating rink, or children's camp or center.

The owner, or person(s) employed by the owner residing within the living quarters of the bed-and-breakfast; such living quarters shall contain the innkeeper's separate cooking, bathroom, and sleeping facilities. The innkeeper shall be responsible for recordkeeping, maintenance, preparation of food served to guests, and the overall operation of the bed-and-breakfast.

The component of a luminaire that produces the actual light.

Regulations adopted by the Planning Board for guidance for compliance with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit and § 435-33.

The premises of a landscaping business where any of the following activities and/or uses may be conducted by the business: indoor or outdoor storage of equipment, supplies and materials; the parking of wheeled equipment; the parking of two or more motorized vehicles with six or fewer wheels. Abutting properties shall be sufficiently screened for dust, noise, visual impacts and/or other adverse environmental impacts to protect the neighborhood.

The ratio between the area of a parcel devoted to pervious landscaping or natural vegetated areas and the total area of the parcel. Both components of this ratio shall exclude any wetland resource area, as defined in MGL c. 131, § 40, except for wetland areas that are located within 100 feet of an upland area adjoining a developed area of the project.

An accessory use to a dwelling, allowing more than six children in care, as defined in MGL c. 15D, § 1A, provided that said dwelling and provider have received a license from the Department of Early Education and Care to provide family day care, as defined by MGL c. 15D.

A traffic measurement which shall be determined according to criteria set forth by the Transportation Research Board of the National Research Council.

The shining of direct light produced by a luminaire beyond boundaries of the lot on which it is located.

See § 435-27E(7).

A newspaper of general circulation within Framingham with either a weekly or daily circulation or, except with regard to publication required by general law, local media.

A parcel of land, with definite boundaries ascertainable by recorded deed or recorded plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose, in one ownership and not divided by a street.

The horizontal area of the lot, including land over which easements have been granted, but exclusive of any area within the limits of a street or recorded private way, even if fee to such street is in the owner of the lot.

The percentage of a lot covered with structures, including driveways, parking areas, walkways, tennis courts, swimming pools or other impervious surfaces. For the purposes of this chapter, all such surfaces constructed of impermeable materials (i.e., concrete, bituminous asphalt, gravel, oil and stone and the like) shall be included in the calculation of maximum lot coverage. Up to 50% of pervious materials (i.e., permeable pavers, pea stone, and the like) shall not count towards lot coverage.

A line dividing a lot from a street or from a contiguous lot.

The property line adjacent to a street.

Any lot line that is not a front lot line.

A system and/or practice that uses and/or mimics natural processes that result in the infiltration, evapotranspiration, and/or use of stormwater and precipitation in order to protect water quality while maintaining the natural hydrology of a site. Surface flows and groundwater recharge are the key aspects of LID that consider quantity as well as quality. LID is often referenced as "green infrastructure" and the management of wet weather flows that employ these processes and refers to the patchwork of natural areas that provide habitat, flood protection, cleaner air and water. Both LID and green infrastructure practices aim to preserve, restore, and create green space using soils, vegetation, and/or rainwater harvest techniques. Examples of LID and green infrastructure include but are not limited to the following: bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements.

A measure of light energy generated by a light source. One footcandle is one lumen per square foot. For purposes of this chapter, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.

The complete lighting unit, including the lamp, the fixture, and other parts.

An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana establishments, but not to consumers. A craft marijuana cooperative is a type of marijuana cultivator.

A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center.

A laboratory that is licensed by the Cannabis Control Commission and is:

An entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other marijuana establishments, but not to consumers.

An entity licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments. Retailers are prohibited from delivering cannabis or marijuana products to consumers and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.

The Stormwater Management Standards and accompanying Stormwater Handbook issued by the MassDEP pursuant to authority under the Wetlands Protection Act, MGL c. 131, § 40, and the Massachusetts Clean Waters Act, MGL c. 21, §§ 33 to 53. The Stormwater Management Standards are incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).

Under the MGL c. 41, § 81D, the Planning Board shall make a Master Plan of such City. The Planning Board may further create a neighborhood master plan for parts of the City as advisable. Such Master Plan shall be a statement, through text, maps, illustrations, and/or other forms of communication that are designated, to provide a basis for decisionmaking regarding the long-term physical development of the City. The Master Plan shall be internally consistent in its policies, forecasts and standards, and shall include goals and policy statements, a land use plan element, a housing element, an economic development element, a natural and cultural resources element, an open space and recreation element, a services and facilities element, a circulation element, and an implementation program element. Such Master Plan shall be created, and may be added to or changed from time to time, by a majority vote of the Planning Board and shall be a public record.

An office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.

A development and/or redevelopment project that integrates a mixture of at least two or more different uses but must include commercial space.

A development and/or redevelopment of a site that integrates a mixture of at least two or more different uses into one building such as restaurants, medical, educational, offices, research and development, exercise and fitness, residential, recreation, entertainment, and/or retail as permitted in the respective zoning district. In Nobscot Village (B-4), the footprint of the first floor of such structure shall not exceed more than 65% of residential uses and shall not be less than 35% of nonresidential uses. For all other areas of Framingham, the footprint of the first floor of such structure shall not exceed more than 35% of residential uses and shall not be less than 65% of nonresidential uses.

A development and/or redevelopment project of a parcel or contiguous parcels, whether or not in common ownership, that integrates in two or more separate structures a mixture of at least two or more uses such as restaurants, offices, medical, educational, research and development, exercise and fitness, residential, recreational, entertainment, and/or retail as permitted in the respective zoning district. In Nobscot Village (B-4), the first-floor footprint of the total combined structures shall not exceed more than 65% of residential uses and not be less than 35% of nonresidential uses. For all other areas of Framingham, the first-floor footprint of the total combined structures shall not exceed more than 35% of residential uses and not be less than 65% of nonresidential uses.

A building or buildings intended and designed for transient or overnight occupancy divided into separate rooms within the same building, each of which has a separate outside entrance leading directly to the room, without a common entrance to the rooms, and with or without public dining room facilities, but shall not include a boardinghouse, lodging house or rooming house, or multifamily dwelling.

A dwelling containing three or more residential dwelling units.

The City of Framingham.

The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or human-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Framingham.

Public services and infrastructure furnished by the municipality, including, but not limited to, indoor and outdoor recreational facilities, police, fire, schools, public works, inspectional services, finance, water systems, sanitary sewerage systems, disposal plants, communication services, and fire alarm systems.

A permit issued by United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes and regulates the discharge of pollutants to waters of the United States.

A lawful preexisting building, structure, vacant lot, or use of buildings or land that does not conform to the zoning regulations for the district in which it is located, but did conform at the time it was built or established. The grant or existence of a variance or special permit for the maintenance of any noncompliance with this chapter does not make such noncompliance a nonconformity protected under § 435-4 of this chapter.

Intermediate and skilled care nursing facilities designed to provide an intensive level of nursing and medical care for patients.

The portion of the open space parcel that may be used for cluster development. The preserved area shall not be included in this area.

Land consisting of 15 acres or more located within the Single-Family Residential Zoning District (R-3 and R-4) that has not been protected from development, nor has a conservation restriction or easement been placed upon it, and consists of one or more contiguous parcels in one ownership throughout or any combination of parcels of land consolidated under a purchase and sale agreement where all such owners jointly apply for open space preservation development special permit and that does not have a conservation restriction on the open space preserved area.

The portion of the open space parcel that shall have a conservation restriction (CR) placed on the area in perpetuity.

The part or parts of a lot designed to improve the visual environment and to provide areas for passive outdoor recreation, including the preservation of existing natural site features and/or the planting or placement of such elements as grass, flowers, shrubs, trees, or permeable ground cover. Such space shall not include lot area used for parking or access drives or any impermeable paved areas.

The part or parts of a lot designed and developed for outdoor use by the occupants of the lot for such recreational uses as swimming pools and tennis courts, vegetable gardens, animal enclosures, or patios. Such space may include landscaped open space and impermeable paved areas, but shall exclude areas used for parking or access drives or accessory structures.

Any rule, law, or regulations adopted by the municipality in accordance with the Charter.

An outdoor entertainment facility such as a miniature golf course, driving range, or drive-in theater. The use shall not include an amusement park.

A park, picnic area, playfields and playgrounds; commercial outdoor swimming pools and tennis courts; golf courses, and country clubs on parcels of at least 50 acres; boat launching ramps; riding trails; and paths or trails for cycling, hiking, jogging, skiing, etc. Specifically excluded are firing ranges and miniature golf courses.

A distinct tract of land containing definite boundaries, or contiguous tracts of land held in common ownership.

An entire portion thereof a building or a lot which is located off-street and contains one or more automobile off-street parking spaces and access thereto, including driveways. A parking facility may be a garage, an area of a lot, and/or a parking lot.

A person who is not a Framingham employee who shall assist the Planning Board and/or Zoning Board of Appeals in plan review, impact analysis, inspection or other technical or legal assistance necessary to ensure compliance with all relevant laws and regulations. Such consultants shall be selected and retained by the Planning Board and/or Zoning Board of Appeals, with the actual and reasonable cost for their services to be paid by the applicant.

An establishment providing space or facilities for physical exercise, fitness and health for private members or guests of the private members.

An area of an adult housing project to be preserved in its natural state that may only be improved by natural surface trails, benches, and native vegetation. The calculation of the minimum area required for the preservation area shall not include more than 25% wetlands and vernal pools and buffers thereto, as defined under MGL c. 131, § 40, and the regulation promulgated thereunder as 310 CMR 10.00 and Chapter 427, Wetlands Protection, or rivers and associated riverfronts, or lakes.

The primary or main use of land, building or structure, as distinguished from an accessory use, building or structure. A use or activity not prescribed or permitted in the zoning district shall be expressly prohibited.

A receiving parcel consisting of one or more contiguous parcels in one ownership throughout, or any combination of parcels of land consolidated under a joint development agreement where all such owners jointly apply for a TDR special permit, which has been designated as a Chapter 43D Priority Development site: 1672 Worcester Road, 1800 Worcester Road, 1898RR Worcester Road, 1900R Worcester Road, 1900RR Worcester Road, 100 Crossing Boulevard, 149 Crossing Boulevard, 150 Crossing Boulevard, 175 Crossing Boulevard, 200 Crossing Boulevard, 225 Crossing Boulevard, 150 Gates Street, 100 Staples Drive, 200 Staples Drive, 400 Staples Drive, 500 Staples Drive, 740 Cochituate Road, 750 Cochituate Road, and 156 Speen Street, 0 Pleasant Street Connector, 9 Pleasant Street Connector, 15 Pleasant Street Connector, 10 California Avenue, 11 California Avenue, 40 California Avenue, 1 The Mountain Road, 5 The Mountain Road, 100 The Mountain Road, 0 Pennsylvania Avenue, 100 Pennsylvania Avenue, 105 Pennsylvania Avenue, 115 Pennsylvania Avenue, 125 Pennsylvania Avenue, 135 Pennsylvania Avenue, 137 Pennsylvania Avenue, 145 Pennsylvania Avenue, 0 New York Ave RR, 1 New York Avenue, 2 New York Avenue, 31 New York Avenue, 33 New York Avenue, 45 New York Avenue, 47 New York Avenue, 49 New York Avenue, 51 New York Avenue, 55 New York Avenue, 74 New York Avenue, 84 New York Avenue, 86 New York Avenue, 86R New York Avenue, 88 New York Avenue, and 92 New York Avenue.

A business in which specialized services are provided to clients by a person or persons requiring specialized skills or knowledge, a learned occupation, or special education in the liberal arts or sciences that may require licensing by the Commonwealth of Massachusetts or certification by a private accreditation society, including, but not limited to, physician, dentist, lawyer, architect, registered engineer, accountant, or psychologist.

Refer to 780 CMR, State Building Code.

An establishment or laboratory for scientific research and development (R&D), including biotechnology. Uses accessory to activities which are necessary in connection with scientific R&D or related production are allowed.

An eating establishment, including lunchrooms, primarily for on-premises consumption, which may include outdoor seating. This does not include a fast-food establishment.

Stores that sell goods to the general public, including but not limited to a drugstore or package store; grocery, variety, clothing or shoe store; hardware or household appliance sales and services; music store; computer store; bookstore, card or stationery store; or newsdealer, and which may include the rendering of associated services incidental to the sale of such goods or merchandise.

A retail store and/or shop for custom work or the making only of articles to be sold at retail on the premises, including but not limited to artisans, jewelrymakers, handicrafts and artist studios.

Any facility with one or more bays, its structures, accessory uses, paved areas or grounds used wholly or partly to wash, clean and dry the exterior of passenger automobiles, vans, pickup and panel trucks using hand-held equipment and which is open to the public. Subject also to the provisions of § 435-30.

An establishment engaged primarily in providing assistance, as opposed to products, to individuals or businesses and other enterprises, including but not limited to a barber or beautician; pickup or self-service laundry or dry cleaning; garment makers or shoemakers and repairers; florist; printing, publishing or photocopying; photographer's studio; baker, caterer or confectioner; clothes cleaner and presser, decorator, dressmaker, dyer, furrier, hairdresser, hand laundry, manicurist, milliner, optician, photographer, shoe-shiner, tailor, upholsterer.

The distance between a front or side lot line and the line of a building or projection thereof, measured on a line perpendicular to the lot line.

Special permit granting authority.

A stone or monument works shop and/or yard, employing not more than five workers, and providing any stonecutting be done behind a screen between the site of such cutting and any street line or property line.

The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. Any floor area below finished grade shall be deemed to be a story when its ceiling is four feet six inches or more above grade. Any attic shall be deemed to be a story if more than one-half the floor area has a clear height of seven feet or more.

A way that meets one of the following criteria:

Any combination of materials assembled at a fixed location providing support or shelter, such as a building, framework, tent, shed, or mast for radio antennas, but excluding sidewalks and paved areas on streets, driveways, parking areas, and patios.

An alteration or improvement of a structure or group of structures under one ownership on the same lot or contiguous lots which results in an increase in gross floor area in excess of either 10% of existing gross floor area or 5,000 square feet, whichever is the lesser amount, or which requires an addition of 10 or more parking spaces to the amount required by this chapter prior to the alteration. The calculation of a substantial alteration shall be determined by the Building Commissioner based on the aggregate of all repairs, improvements, extensions or enlargements undertaken within a consecutive three-year term.

An alteration or improvement of a building, the cost of which, including all materials and labor, based on documented estimates or construction costs submitted by the applicant, equals or exceeds 40% of the full value assessment of the building. The calculation of a substantial improvement shall be determined by the Building Commissioner based on the aggregate of all repairs, improvements, extensions or enlargements undertaken within a consecutive three-year term.

An informal working group consisting of representatives of the various municipal departments to review preapplication projects. The TRT meets on a regular basis to provide comments, concerns, recommendations, and a permit/license determination for preapplication projects prior to the submittal of a formal application. The TRT shall include the Building Commissioner, Conservation Commission, Planning Board, Zoning Board of Appeals, the Board of Health, the Division of Planning and Community Development, the Department of Public Works, the Disability Commission, the Fire Department, the Police Department, and/or their designees.

A residential structure containing at least three, but not more than five, single-family dwelling units constructed side by side with at least one common fire wall. Each residential unit shall have one floor at ground level with its own exclusive separate entrance, unless otherwise modified within this chapter.

The transfer of development rights from a giving parcel to a receiving parcel to allow for the preservation of a developable farm and/or developable open space parcel and to increase development potential upon the receiving parcels. The transfer of development rights is allowed by a special permit from the Planning Board.

A conceptual site plan developed by a certified professional engineer and/or land surveyor registered in the Commonwealth of Massachusetts that demonstrates the extent of development that could occur by right on the giving parcel. The TDR yield plan shall identify all nonbuildable areas, which include wetlands, wetland buffers, and moderate slopes, and deem this area as nonbuildable; nonbuildable areas shall not be considered as part of the developable area.

A type of community development that focuses on land uses centered around a transit station or within a transit corridor. TOD is characterized by a mixture of uses, including housing, office, retail, and/or other commercial development and amenities; reduction in parking; high-quality design; multiple transportation options; and integrated into a walkable neighborhood and located within a walkable distance to quality public transportation.

A location that acts as an important interchange or the end of a freight transportation route, where the contents of freight trucks are broken into shipments for other carriers. Servicing or repair of such vehicles is prohibited.

A building used as living quarters and habitation by two families, containing separate cooking, bathroom, and sleeping facilities in each of the living quarters.

Land which is not "land under water bodies and waterways," "freshwater wetlands," or "vernal pool habitat" as set forth in Chapter 427, Wetlands Protection, § 427-10, as well as land which is not an area of special flood hazard, as described under § 435-17A.

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

Open or enclosed storage of motor vehicles, excluding outdoor storage of junk or inoperative motor vehicles.

An establishment for the provision of veterinary services or animal groomer, with all activity conducted within an enclosed structure.

Places of business, including storage, such as building trade suppliers and lumberyards that sell goods primarily to retailers, industrial, commercial, institutional or professional businesses. Storage of flammable liquids and gas is prohibited.

Housing intended for households earning between 60% and 120% of the area median income (AMI). A minimum of 50% of the workforce housing units at the development must be affordable for households earning at or below 80% of the AMI. Such housing shall be governed by an affordable housing deed restriction in accordance with MGL c. 184, §§ 31 to 33, and shall be reported annually to the Division of Planning and Community Development in Framingham and/or such other designated organization as required for compliance.

The shop of a plumber, carpenter, electrician, upholsterer or similar workshop or repair establishment conducted entirely within an enclosed structure. All work and storage shall be sufficiently sound-insulated and confined to the premises to protect the neighborhood.