[Amended 10-19-1983 by Bylaw Amendment 83-44; 11-26-1985 by Bylaw Amendment 85-57; 5-12-1986 by Bylaw Amendment 86-65; 5-12-1986 by Bylaw Amendment 86-66; 11-3-1993 by Bylaw Amendment 93-245; 3-2-1994 by Bylaw Amendment 93-251; 10-5-1994 by Bylaw Amendment 94-267; 10-16-1996 by Bylaw Amendment 96-319; 7-23-1997 by Bylaw Amendment 97-336; 5-20-1998 by Bylaw Amendment 98-357; 11-4-1998 by Bylaw Amendment 98-383; 1-11-1999 by Bylaw Amendment 98-388; 2-21-2000 by Bylaw Amendment 00-451; 5-3-2000 by Bylaw Amendment 00-429; 5-3-2000 by Bylaw Amendment 00-430; 11-1-2000 by Bylaw Amendment 00-442; 5-2-2001 by Bylaw Amendment 01-461; 7-11-2001 by Bylaw Amendment 01-466; 10-2-2002 by Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 03-511; 12-17-2003 by Bylaw Amendment 03-532; 10-6-2004 by Bylaw Amendment 04-549; 3-1-2006 by Bylaw Amendment 05-575; 4-5-2006 by Bylaw Amendment 05-576; 12-16-2009 by Bylaw Amendment 09-637; 3-21-2012 by Bylaw Amendment 12-670; 6-5-2013 by Bylaw Amendment 13-708; 6-19-2013 by Bylaw Amendment 13-716; 11-16-2016 by Bylaw Amendment 16-769; 2-15-2017 by Bylaw Amendment 17-779; 6-28-2017 by Bylaw Amendment 17-788; 8-8-2018 by Bylaw Amendment 18-810; 7-21-2021 by Bylaw Amendment 21-872; 7-19-2023 by Bylaw Amendment 23-894; 8-14-2024 by Bylaw Amendment 24-906; 1-22-2025 by Bylaw Amendment 24-917; 5-7-2025 by Bylaw Amendment 25-927; 10-22-2025 by Bylaw Amendment 25-934; 10-22-2025 by Bylaw Amendment 25-938]
In this chapter, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings:
ACCESSORY BUILDING OR STRUCTUREA building or other structure that is incidental, subordinate and reasonably related to the principal building on the property and is physically detached from the principal building. Accessory buildings and structures must be on the same property as the building to which they are accessory.
ACCESSORY DWELLING UNIT (ADU)A self-contained dwelling unit, inclusive of sleeping, cooking, and sanitary facilities, incorporated within a lawful principal single-family or two-family dwelling or within a detached building accessory to and on the same lot and in the same ownership as a lawful principal single-family or two-family dwelling use. The ADU shall maintain two means of egress, either directly from the outside, or through an entry hall or corridor shared with the principal dwelling, sufficient to meet the requirements of the State Building Code. The ADU shall be no smaller than what is allowed by State Building Code Regulations, no larger than 900 square feet or 50% of the principal unit, whichever is less, and shall contain no more than two bedrooms. All public utilities shall be shared with the primary residence.
ACCESSORY USEA use of land found on the same parcel as the principal use, but incidental, subordinate and reasonably related to the principal use.
ADULT BOOKSTOREAn 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.
ADULT DAY-CARE FACILITYA facility that offers to seniors daytime programs, health care and assessment, personal care, social programs, recreational activities, and meals and transportation, but does not provide a residence or overnight accommodations.
ADULT LIVE ENTERTAINMENT ESTABLISHMENTAny 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.
ADULT MOTION-PICTURE THEATERAn 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.
ADULT PARAPHERNALIA STOREAn 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.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film material which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ANIMAL DAY CARE, TRAINING AND GROOMINGPremises used for the harboring of more than three dogs or other domestic non-farm animals three months old or older. Uses include the day care of animals between the hours of 7:00 a.m. to 8:00 p.m. throughout the week and weekend. Training and grooming facilities may also be utilized within the primary building. Medical, ambulatory or hospital facilities requiring a licensed veterinarian are not permitted. The primary building must have the capacity to house all the animals on the property within the building at any time during operating hours. Outside exercise areas of dog runs must be enclosed with a minimum five-foot high solid fence. No more than four dogs will be permitted in a dog run at one time. A kennel permit will be required for this use and reissued on an annual basis. Disposal of animal waste must comply with state and local board of heath regulations.
ANIMAL KENNEL OR HOSPITALPremises used for the harboring of more than three dogs or other domestic, nonfarm animals three months old or over or for veterinary services. The use shall be so classified regardless of the purpose for which the animals are maintained, whether fees are charged or not and whether the use is a principal or accessory one.
AUTOMATIC AMUSEMENT DEVICEAny mechanical or electronic automatic amusement device, whether coin-operated or not, as defined under but not limited to MGL c. 140, §
177A(2), including electronic video games, but not including private, in- home use of such devices and not including jukeboxes, pool or billiard tables, bowling alleys and athletic training devices.
BANNERA sign that is composed of lightweight material, including nylon, vinyl, cloth, canvas or similar fabric, but does not include an awning or canopy affixed to a building or a free-flying flag.
BED AND BREAKFASTA residential character building containing at least two and no more than 10 bedrooms for daily rental. At least one full bathroom facility is required for every two rented bedrooms. Bed and breakfasts may contain facilities for preparing and serving food for guests renting bedrooms, however food service facilities will be limited to occupancy of bedrooms plus five additional seats.
BILLBOARD SIGNAny outdoor sign larger than 60 square feet in size with information pertaining to businesses or services that are not directly related to the site where the structure is placed.
BIOTECHNOLOGYThe experimentation with or use of biological processes to research or develop or produce commercial products for human and animal health care, food consumption, agricultural applications and environmental protection by the application of scientific data and the techniques of engineering and technology to alter the genetic code of cells or organisms through physical, chemical or biochemical manipulation. For the purpose of this chapter, "biotechnology" shall not mean the propagation of, experimentation with or use of plant tissue cultures for horticultural or agricultural purposes, nor shall it include conventional food or alcoholic production activities. Biotechnology uses in a manufacturing or research lab premises, as defined in this section, shall be covered by the provisions of this definition.
BIOTECHNOLOGY MATERIALSBiotechnology products, biotechnology waste products and those materials used in the process of experimenting with or developing such products, excluding the hardware or instrumentation used in such processes.
BOARDINGRenting of not more than two rooms and the furnishing of board by a resident family to not more than three nontransient persons.
BREWERY, DISTILLERY, OR WINERY PRODUCTION WITH TASTING ROOMA business located in a building where the primary use is for the production and distribution of malt, spirituous, or vinous beverages with a tasting room and which holds a Commonwealth of Massachusetts issued farmer series production license. Any such facility that sells alcoholic beverages to be consumed on the premises shall have a Commonwealth of Massachusetts issued farmer series pouring license approved by the local licensing authority. The facility may host marketing events, special events, and 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 by the bottle to consumers for consumption off the brewery premises.
BUILDINGAn independent structure having a roof supported by columns or walls, resting on its own foundations and designed for the shelter, housing or enclosure of persons, animals, chattel or property of any kind.
BUILDING HEIGHTThe vertical distance, in feet, from the average finished exterior grade on the street side of a building to the highest point of the roof or parapet for flat or shed roofs, to the deckline for mansard roofs and to the mean height between the eaves and ridge for gable, hip and gambrel roofs, provided that at no point shall an exterior wall exceed the permitted height by more than 10 feet. Height limitations shall not apply to chimneys, spires, cupolas, television antennas or other parts of structures which do not enclose potentially habitable floor space.
CAFETERIA/DINING ROOMA facility for the sale of prepared food and drink, primarily for the use of occupants of the site. Such a facility may be found in schools, office buildings, senior housing establishments, and other like uses.
CANOPY OR AWNING SIGNAny sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
CATERINGThe act of providing food and service for a fee. The use of a building or part of a building where food and beverages are prepared on the premises and delivered off-site to be consumed, except where a catering use is housed on the same premises or within the same building as a function hall, as defined in this section, food and beverages may also be served and consumed on-site. Restaurants are not included in this definition.
CHARITABLE INSTITUTIONAn establishment providing care, food, temporary housing, or guidance to those in need. This use includes drug rehabilitation centers, institutions for mentally ill individuals, halfway houses, food pantries, homeless shelters, homes for sick children and their families, battered women and like uses.
CONDOMINIUMLand and the building or buildings thereon containing office or dwelling units and common areas and facilities which are regulated and managed by an organization of unit owners under a master deed according to the provisions of Chapter
183A of the General Laws.
CONFERENCE CENTERA facility used by service/social organizations, businesses, and professional associations for seminars, meetings, and professional conferences. The facility may include accommodations for conference attendees, such as restaurants, bars, cafes, sleeping areas, recreation, and athletic facilities.
CONTINUING CARE OR LIFE CARE RETIREMENT FACILITYA facility that includes a combination of types of dwellings or a lifetime continuum of accommodations and care for senior residents, including independent living, assisted/congregate living, and long-term care facilities.
CONTRACTOR'S YARDPremises used by a building or construction contractor or subcontractor principally for the storage of materials, storage and servicing of equipment and fabrication of subassemblies.
CORRECTIONAL FACILITYPublic or privately owned and operated facilities housing persons serving a sentence after being found guilty in a court of law. This use includes juvenile detention facilities, and temporary detention facilities, but does not include those facilities customarily found within a police station or a court house.
COUNTRY STOREA retail sales establishment, consisting of one building not to exceed 3,500 square feet, selling retail items such as fresh fruits, vegetables, flowers, herbs, plants, gifts and crafts. The accessory sale of prepackaged retail foods, not made on premises, including baked goods, sandwiches, snack bar items, coffee, tea, preserved and imported foodstuffs, is also allowed. A country store may sell a limited range of dry goods and convenience items to consumers, which shall not exceed 50% of the floor area open to the public. Up to 20 seats are allowed for interior and exterior seating. More than 20 seats shall require a special permit. Interior seating shall not exceed 10% of the floor area open to the public. Motor vehicle services, sales of outside petroleum products, lottery, and sale of tobacco and alcoholic beverages, other than beer and wine, are not allowed.
DIRECTIONAL SIGNAny sign which is necessary for the safety and direction of vehicular or pedestrian traffic.
DIRECTORY SIGNAny sign listing the name and location of the occupants of a site or building.
DRIVEWAYA private means of auto access not more than 24 feet wide.
DWELLINGA building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels, motels, boardinghouses, trailers or structures solely for transient or overnight occupancy.
DWELLING, TOWNHOUSEA dwelling with at least three dwelling units, each dwelling unit having a separate exterior entrance and a separate deed.
DWELLING UNITOne or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same and including a room or rooms for living, sleeping and eating.
EARTH REMOVALThe process, or any part thereof, of moving, stockpiling, sifting, screening and/or regrading of loam, topsoil, gravel, clay, peat, sod borrow, humus and/or other similar materials and removing the same off site from the parcel, and/or contiguous parcels in the same ownership, on which it was prior to the moving, stockpiling, sifting, screening and/or regrading.
ELECTRIC POWER PLANTA facility that creates electricity by any means, including thermal, steam, wind, solar, wood, trash, coal, oil, nuclear, natural gas with a generating capacity of more than 500 kilowatts.
EQUESTRIAN CENTERA facility for the purpose of breeding and boarding horses and like animals, and which operation may include trail riding and riding instruction for the paying public.
EXCAVATIONThe process, or any part thereof, of moving, stockpiling, sifting, screening and/or regrading of loam, topsoil, gravel, clay, peat, sod borrow, humus and/or other similar materials from their original virgin location to either on or off site.
FAMILYOne or more persons occupying a single dwelling unit, provided that, unless all members are related by blood, marriage or adoption, no such "family" shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a "family" or families.
FLAGA specific type of sign that is made from woven or non-woven material, displaying colors or an insignia, and meant to be attached by one edge.
FREESTANDING SIGNA sign not attached to a building or any structure other than its own support, supported by at least two columns, uprights or braces, or upon the ground.
FRONTAGEThe portion of a lot fronting upon and providing rights of access to a street, to be measured continuously along a single street or along two intersecting streets if the angle of intersection is greater than 120°. The frontage shall normally be the side of a lot where access to the primary structure is gained and in the direction in which the primary structure is oriented. On corner lots, with regards to setback requirements, both sides of the lot abutting the street shall serve as frontage. Such lots shall be considered as having two front yards, and all other yards shall be considered side yards.
FUNCTION HALLA building or portion thereof generally available to the public for hire or loan for the purpose of catering to banquets, weddings, receptions or similar functions. Such establishments may include full kitchen facilities and a catering use as defined in this section and may serve/dispense alcoholic beverages subject to the provisions of MGL c.
138.
FUR ANIMALSAnimals usually kept and raised for the use and sale of their skins and fur.
GARDEN CENTER RETAIL OR WHOLESALEA retail or wholesale use that provides a permanent building of 1,500 square feet or more, with complete sanitary facilities. Other structures may include seasonal greenhouses and storage sheds. Horticultural and floricultural products are not typically grown on the premises. Other related products may include bagged potting soils, fertilizers, peat moss, garden pots, stands and garden hand tools. Limited sales, but not repair, of power equipment such as hand mowers, chainsaws, trimmers and lawn tractors (up to 16 horse power) is permitted. Bulk storage of loose product, such as sandstone, mulch and masonry supplies are not permitted. In no case shall a retail or wholesale business be conducted on a parcel of land without a principal building relating exclusively to that permitted use. Charitable, religious, educational and municipal groups are exempt from this bylaw, but are limited to sales of not more than seven days per calendar year.
GROSS SITE ACREThe total number of acres on a site, including wetlands and otherwise encumbered property.
HAZARDOUS MATERIALMaterial currently defined as being hazardous by §
99-3 of the Code of the Town of Franklin, Massachusetts, as amended.
HAZARDOUS USEA. Use of premises involving one or more of the following:
(1) Manufacturing as the principal use of the premises, if the products manufactured are either:
(a) When wastes, regulated as hazardous under Chapter
21C of the General Laws; or
(b) Substances listed on the Massachusetts Substance List contained in 105 CMR
670.000, Appendix A.
(2) Keeping of flammable fluids, solids or gases in quantities exceeding four times that requiring licensure under 527 CMR
14.00, except that storage of fuel for consumption on the premises or by vehicles operated incidental to the principal use of the premises shall not constitute a "hazardous use."
(3) A major new stationary source of air pollution as defined by the United States Environmental Protection Agency under the Clean Air Act.
(4) Any use required to apply to the Department of Environmental Quality Engineering under 310 CMR
7.00 or to the Environmental Protection Agency under Section 112 of the Clean Air Act for permission to emit asbestos, benzene, beryllium, mercury, vinyl chloride or radionuclides.
(5) Any use for which licensure is required under 310 CMR
30.800 to transport, use, treat, store or dispose of hazardous waste, but not those excluded under 310 CMR
30.801.
B. All references are to laws and regulations in effect December 1, 1985, copies of which are on file with the Town Clerk and Building Commissioner.
HEALTH CLUBA building or portion of a building designed and equipped for the conduct of sports, exercise, muscle building and physical fitness. This use may include indoor and outdoor uses as well as swimming pools.
HISTORICAL HIGH GROUNDWATERThe highest level historically experienced, as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey (USGS).
HOME OCCUPATIONA home-based business owned and operated by a full-time resident of a residential dwelling which can be conducted without the need for a commercial space. The following businesses shall not be permitted as home occupations: automotive sales, rental, lease, fueling, service, repair including collision, or restoration; the cooking or preparation of food for profit; medical or dental facilities (see definition of "home professional office" below); any type of industrial use. A home office is also permitted for resident business owners such as contractors, landscapers, mobile cleaners or installers, provided that all equipment, supplies and vehicles are stored inside the residence or in a garage, and no more than two nonresident vehicle owners park at the property. There shall not be any materials or debris related to the activity stored outdoors. In addition, the business must comply with §
185-39B(1) and
(2).
HOME PROFESSIONAL OFFICEA home-based office owned and operated by a full-time resident of a residential dwelling as the principal employee in a profession such as medicine, dentistry, engineering, accounting, architecture or law (attorney). In addition, the business must comply with §
185-39A(1) and
(2).
HOME SITEA specific lot within a senior village residential subdivision that is designated for the placement of a single-family dwelling.
HOSPITALAn institution where sick or injured persons are given medical care and, in the course of the same, are housed overnight, fed, and provided nursing and related services. This shall not include drug rehabilitation centers, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals, or other similar facilities.
HOUSE, SINGLE-FAMILYA dwelling intended and designed to be occupied by a single family, but not including a trailer, whether detached or attached to the ground.
HOUSE, TWO-FAMILYA dwelling intended and designed to be occupied by two families living independently in separate dwelling units.
INDEPENDENT LIVING RESIDENCE FACILITYA facility that provides residential accommodations for senior adults who are in good health and do not require medical or skilled nursing care. Residents shall have individual dwelling units with living, sleeping, bathroom, and kitchen facilities. The independent living residence facility may include a senior village community center or community building(s), or similar common areas such as a common dining facility, and space for the provision of social, psychological, and educational programs. The facility may provide home health care or other community-based services on an individual basis and offer meals, linen, and housekeeping services. The independent living residence facility may provide residence for a superintendent or for maintenance staff, but there shall be no on-site residence of medical or other staff.
INDOOR COMMERCIAL RECREATION, CONCENTRATEDA commercial recreation use conducted entirely within a building with potentially significant, external impacts on the surrounding neighborhood. Such uses include bowling alleys, skating rinks, billiard halls, gymnasiums, racing tracks, and shooting ranges.
INDOOR COMMERCIAL RECREATION, GENERALA commercial recreation use conducted entirely within a building and having minimum external impacts on the surrounding neighborhood. Such uses include assembly halls, auditoriums, exhibit halls, performance theaters, swimming pools, and art centers.
INFLATABLE SIGNA sign that is inflated, filled or holds air, compressed air or any other gas. This includes balloons, air filled socks or other devices made to be displayed with air assist.
INSIGNIAA graphic representation of a badge emblem or mark of rank or privilege, used as a common substitution for the above mentioned badge, emblem or mark.
LARGE-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMSAn active solar energy system that is structurally mounted to the ground and occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
LEDGEA continuous mass of solid mineral material (rock) with a volume greater than one cubic yard.
LIVING SPACEThe total of the floor areas of rooms used or intended to be used for living, sleeping, cooking or eating purposes, excluding laundries, pantries, foyers, communicating corridors, stairways, closets, storage spaces and areas with less than five feet of clear headroom under sloping ceilings, garages, breezeways and carports, as defined by the Division of Public Health in its Minimum Standards of Fitness for Human Habitation.
LODGE, SOCIAL NONPROFITA facility owned by a membership organization that holds regular meetings, and that may maintain dining facilities, serve alcohol, and engage professional entertainment for the enjoyment of members and their guests.
LOGOA graphic image or text that has a trademark, is registered or is under a copyright, and is used to advertise a specific product or entity.
LONG-TERM CARE FACILITYA building or group of buildings which is licensed or approved by the Massachusetts Department of Public Health to provide twenty-four-hour, intensive, skilled and supportive nursing care, convalescent, or chronic care under medical supervision to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. A long-term care facility also typically provides personal care services in a supervised environment, and may contain common areas for therapy, recreation and dining. Further, the facilities may also include on-premise medical offices and treatment facilities related to the care of the residents.
LOTA single area of land in one ownership, defined by metes and bounds or boundary lines in a recorded deed or shown in a recorded plan.
LOT AREAThe total area within the lot lines of a lot excluding any street right-of-way.
LOT DEPTHThe lot depth is any straight-line distance between any point of in intersection of the rear lot line running perpendicular to the frontage line. The provisions of this definition shall not apply to any lot shown on a plan recorded with the Norfolk County Registry of Deeds or filed with the Land Court Registry District for Norfolk County prior to the effective date of the zoning bylaw amendment that added this definition, nor shall they apply to any lot shown on a plan covering land which has the benefit of a zoning freeze pursuant to MGL c. 40A, §
6, Paragraph 5, on said date. Any lot improved with a building prior to the effective date of the zoning bylaw amendment that added this definition which does not conform to the provisions of this definition because such lot's depth was determined by some other method of measurement shall be deemed to comply with the provisions of this definition and shall not be deemed to be prior nonconforming.
LOT LINEThe established division line between lots or between a lot and a street.
LOT WIDTHA. The lot width is the diameter of the required circle, placed between side lot lines and tangential to the frontage of a given lot. The required circle shall be entirely contained within the lot's perimeter.
B. Beginning on May 21, 1998, no building or structure shall be constructed on a lot having less width than the required lot width specified in the Schedule of Lot Area, Frontage, Yard and Height Requirements for the district in which said lot is located.
C. The following properties are specifically exempt from this definition:
(1) Lots, buildings and structures which are exempt from the provisions of this definition under the provisions of MGL c. 40, §
6; and
(2) Any lot shown on a plan recorded with the Registry of Deeds or filed with the Land Court prior to the effective date of the bylaw amendment that added this definition.
D. Any lot improved with a building prior to the effective date of the zoning bylaw amendment that added this definition which does not conform to the provisions of this definition because such lot's width was not regulated shall be deemed to comply with the provisions of this definition and shall not be deemed to be prior nonconforming.
LUMBERYARDAn establishment where lumber, lumber products, and other bulk building and construction materials, such as brick, stone, cement, and roofing, are sold in a primarily open air setting.
MANUFACTURE AND PROCESSING, HEAVYThe manufacture or compounding process of raw materials. These activities would necessitate the storage of large volumes of flammable, hazardous, toxic, corrosive, or explosive materials. These activities may include outdoor operations as part of their manufacturing process. This use produces moderate to significant external effects and may pose significant risks due to the nature of the use and materials stored and utilized on site.
MANUFACTURING AND PROCESSING, LIGHTThe manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, storage, packaging, and sales of such products, which activities are conducted solely within an enclosed building. The processing of raw materials is not included in this use. This use is capable of operating with minimal external effects, such as noise, odor, smoke, dirt, and vibration.
MANUFACTURING AND PROCESSING, MEDIUMThe manufacture, predominantly from raw materials, of products or parts usually for sale to wholesalers or other industrial users. This includes processing, fabrication, assembly, treatment, storage, packaging and sales of such products, which activities are conducted primarily within an enclosed building, but may include temporary outdoor storage of finished or partially finished products. This use produces moderate external effects, such as noise, odor, smoke, dirt, and vibration.
MEDIUM-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMSAn active solar energy system that is structurally mounted to the ground and occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 10-250kW DC).
MIXED USE DEVELOPMENTA development on a single parcel containing either more than one nonresidential use, or a combination of nonresidential and residential uses. Uses allowed within a Mixed Use Development for specific Zoning Districts are detailed in Use Regulations Schedule Parts I though VII (see Attachments 2 through 8).
MOTEL or HOTELA building intended and designed solely for transient or overnight occupancy, divided into separate units within the same building and with or without public dining room facilities.
MOVIE THEATERA specialized theater for showing movies or motion pictures. Such use may include refreshment stands and accessory retail and restaurant uses.
NON-MEDICAL MARIJUANA ESTABLISHMENTA marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
OFFICE PARKA single office building with a building footprint of 35,000 square feet or greater, or a group of contiguous or adjacent office buildings, with a total footprint of 50,000 square feet or greater, planned as a total entity with supporting ancillary uses and employee parking provided on-site. Office parks include, but are not limited to, medical or dental, professional, clerical, and administrative offices. Retail and service uses, but excluding VSEs, that are permitted within the underlying zoning district, may be incorporated into the office park as an accessory use. These accessory uses may include, but are not necessarily limited to, restaurants, coffee shops, barbershops, dry cleaners, and banks.
OFF SITEFor the purposes of §
185-23, Earth removal regulations, the removal of earth from the original parcel, and/or contiguous parcels in the same ownership, on which it was prior to the removal.
ONE OWNERSHIPAn undivided ownership by one person or by several persons, whether the tenure is by joint, in common or by entirety.
ON SITEFor the purposes of §
185-23, Earth removal regulations, the moving of earth within the original parcel, and/or contiguous parcels in the same ownership.
OUTDOOR COMMERCIAL RECREATION, CONCENTRATEDA commercial recreation land use primarily conducted outside of a building, characterized by potentially significant impacts on traffic, the natural environment, and the surrounding neighborhood. Such uses may include water parks, amphitheater, amusement parks, auto cycle or go-cart tracks, campgrounds, recreation vehicle parks, stadium, horse or dog racing track, shooting range, zoo, automobile race track, outdoor movie theater, and other like uses.
OUTDOOR COMMERCIAL RECREATION, GENERALA commercial recreation land use primarily conducted outside of a building, characterized by potentially moderate impacts on traffic, the natural environment, and the surrounding neighborhood. Such uses may include athletic fields, paint ball course, miniature golf, pitch and put, skateboard park, tennis club, basketball courts, batting cages, and driving ranges.
OUTDOOR COMMERCIAL RECREATION, LIGHTA commercial recreation land use primarily conducted outside of a building, characterized by minimal impact on traffic, the natural environment, and the surrounding neighborhood. Such uses may include botanical gardens, hiking trails, historic sites, picnic areas, and cross country ski areas.
PARKING FACILITYAny area or structure used for parking automobiles containing 10 or more individual parking spaces.
POLITICAL SIGNA sign that advocates for or against a candidate for public office or a public policy, position or issue, whether or not it is a subject of a ballot question.
PREMISESA lot, together with all buildings, structures and uses thereon.
PRODUCTION OF BITUMINOUS CONCRETEThe process, or any part thereof, of digging, excavating, mining, mixing and/or processing of various petroleum products and/or the batching of the same with other materials to make, store, process, load or transport bituminous concrete.
PRODUCTION OF CONCRETEThe process, or any part thereof, of digging, excavating, mining, mixing and/or processing of portland cement and/or the batching of portland cement with other materials to make, store, process, load or transport concrete.
PSYCHIC SERVICES/FORTUNE-TELLINGThe telling of fortunes, forecasting of future events of furnishing of any information by means of any occult or psychic power, faculty or force, including but not limited to clairvoyance, mediumship, necromancy, mind-reading, telepathy, or other craft, art, cards, charm, potion, magnetism, crystal gazing, or magic, of any kind or nature for any form of compensation, monetary or otherwise.
PUBLICThe Town of Franklin, the Commonwealth of Massachusetts, the United States government or any agency or authority thereof, except in the phrase "public utility."
PUBLIC RECREATIONAny recreation facility, not including golf courses, owned and operated by the Town of Franklin, the Commonwealth of Massachusetts, or the federal government. This includes active recreation facilities, such as soccer fields and tennis courts, and passive recreation facilities, such as trails, canoe launches, and their associated structures.
PUBLIC UTILITYA public service corporation, either private or municipal, supplying or transmitting gas, water, electricity or communications to any or all members of the public and subject to federal, state or Town regulations by virtue of its natural or legal monopoly, except for a corporation or other organization which provides cellular telephone service, personal communications service or enhanced specialized mobile radio services.
PUBLIC WAYAny Town-owned land or right-of-way, either by easement or agreement that is meant to convey vehicles or pedestrians.
READER BOARD SIGNA sign that has manually changeable lettering. Within the Town of Franklin a reader board shall be constructed to have no more than three lines of lettering.
REAL ESTATE SIGNA sign advertising the sale or lease of land, buildings or structures on said land.
RECORDED or OF RECORDRecorded or registered in the Norfolk County Registry of Deeds or a record title to a parcel of land disclosed by any or all pertinent public records.
RESEARCH AND DEVELOPMENTA facility that engages in research, or research and development, of innovative ideas in technology-intensive fields and does not include the mass manufacture, fabrication, processing, or sale of products. This use is capable of operating with minimal external effects, such as noise, odor, smoke, dirt, and vibration.
RESIDENTIAL COMMERCIAL KITCHEN A residential commercial kitchen space primarily for preparing, cooking, and producing food for off premises consumption and/or sales. The residential commercial kitchens is an allowed use in the unit if serviced by an on-site subsurface sewage disposal system (septic tank); connection to public sewer (Town) is prohibited.
RESTAURANTAn establishment for the sale of prepared food primarily for consumption within the building.
RETAIL SALES AND SERVICES, GENERALCommercial land uses which provide goods and services for local and regional service areas that exceed daily convenience needs of residential neighborhoods. Such uses may include convenience stores, supermarkets, department stores, dry-cleaning establishments, household appliance stores, furniture stores, bakeries, gift shops, confectionary stores, ice cream sales, snack bars and other similar uses.
RETAIL SALES AND SERVICES, PERSONALCommercial land use intended for a limited service area with minimal impacts to nearby properties. Such uses may include florist, tailor and dressmaking shops, child-care facilities, salon and beauty shops, optical stores, photographic studios, newsstands, mini-convenience establishments and other similar uses.
RETAIL SALES AND OTHERCommercial land uses not classified as general or personal that are intended for either local or regional services areas, Such uses may include office supply stores, hardware stores, paint and glass stores, lawn equipment stores, information centers and other similar uses.
ROCK QUARRYINGThe process, or any part thereof, of cutting or breaking stone, rock, ledge, boulders or similar natural material by various processes and/or removing the same from the parcel of land on which it was cut or broken.
ROOF SIGNAny sign attached to or erected on the roof of a building.
SENIORAn individual who is 55 years of age or older.
SENIOR VILLAGE COMMUNITY CENTER OR COMMUNITY BUILDING(S)A building or group of buildings, erected primarily for the use of the residents of a single senior village and their guests, that provides educational, recreational, or social services that may include, but are not necessarily limited to: senior village residential services, library, place of worship, game room, entertainment room, kitchen, cafeteria or dining room, pool, toilet facilities, and similar facilities.
SENIOR VILLAGE PLANNED UNIT DEVELOPMENT (SENIOR VILLAGE)A master-planned development of land as a unified, self-contained, residential community, constructed expressly for use and residency by persons who have achieved a minimum age requirement for residency of 55 years or older, in accordance with MGL c. 151B, §
4, Subsection
6, and also incorporating the preservation of natural open space areas as an integral element of the development. A senior village shall be permitted only within a Senior Village Overlay District and only upon the granting of a special permit by the Planning Board.
SENIOR VILLAGE RESIDENTIAL SUBDIVISIONA subdivision of land within a senior village that results in creation of individual lots to serve as home sites upon which individual single-family dwellings are to be constructed for residency by seniors. The individual single-family dwellings may be detached homes, attached or semi-attached townhouses, or other building type(s) approved by the Planning Board that is/are each designed for occupancy by an individual family.
SENIOR VILLAGE RESIDENT SERVICE(S)Services and facilities operated and constructed to primarily serve the residents of a single senior village. Such services and facilities may include, but are not necessarily limited to: adult education, adult day-care, transportation services; laundry facilities; financial services; medical evaluation; home health care services; meals on wheels program; exercise or physical therapy center; recreational and educational activities; and other similar services or activities.
SENIOR VILLAGE TOWNHOUSEA one-family dwelling unit, which is part of a structure whose dwelling units are attached or semi-attached to one another, and with each dwelling unit having at least one floor at ground level with a separate, private entrance. A townhouse may be constructed on its own individual and separate lot or may be one of several individual dwellings on a common lot.
SHARED-USE COMMERCIAL KITCHENA commercially-licensed space primarily for preparing, cooking, and producing food for off-premises consumption, for use by chefs, bakers, caterers, food trucks, and other culinary professionals. In addition to providing shared kitchen space, commissary kitchens may provide additional services, like culinary education and incubator programs, demonstration space, and business development support.
SHOPPING CENTERA single retail establishment with a building footprint of 25,000 square feet or greater, or a group of contiguous or adjacent stores, shops and similar commercial establishments, with a total footprint of 40,000 square feet or greater, planned as a total entity with customer and employee parking provided on-site.
SIGNAny device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
A. Signs not exceeding one square foot in area and bearing only property numbers, names of occupants of premises or other identification of premises not having commercial connotations.
B. Flags and insignia of any government, except when displayed in connection with commercial promotion.
C. Legal notices, identification or informational or directional signs erected or required by government bodies.
D. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
SIGN, ACCESSORYA sign whose subject matter relates to the premises on which it is located or to products, accommodations, services or activities on the premises.
SIGN, AREA OFThe entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. One side only of double-faced signs shall be counted. Frames and structural members not bearing advertising matter shall not be included in computation of "sign area."
SMALL-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMSAn active solar energy system that is structurally mounted to the ground and occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less).
SOLID WASTE FACILITYEstablishment for the management and storage of solid waste material, including garbage, sewage, automobiles and parts, rubble, construction debris, and all other kinds of organic and inorganic refuse. Management and storage includes transfer, dumping, incineration, recycling, composting, reduction, burial, or other similar means of management. This use excludes on-site sewage disposal systems used in conjunction with an approved use.
STABLE, PRIVATEPremises on which horses are kept for private use and are not for hire.
STORAGE FACILITYAny structure that is rented or sold for the purpose of storing goods, materials, or personal property.
STORYThat portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, if qualifying for occupancy under Regulation 11 of Article
II of the Sanitary Code of the Massachusetts Department of Public Health.
STREETAn accepted Town way or a way established by or maintained under County, state or federal authority or a way established by a subdivision plan approved in accordance with the Subdivision Control Law, which way has been completely constructed in accordance with the terms, specifications and conditions of the applicable approved subdivision plan, rules and regulations and decision of the Planning Board, including all utilities in, on, over or under said way, drainage facilities appurtenant to said way, sidewalks and other municipal services appurtenant to said way, except for the final course pavement, or a way determined by the Planning Board to have sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
STRUCTUREAnything constructed or erected at a fixed location on the ground to give support, provide shelter or satisfy other purposes.
SWIMMING POOLAny constructed pool located above or below the ground, whether portable or fixed, used or capable of being used for swimming, wading or bathing purposes. Pools having a depth of two feet or more and having a capacity of 200 cubic feet or more in volume shall be considered structures.
TASTING ROOMA room attached to a brewery, distillery, or winery that allows patrons to sample or consume wine, beer, or other alcoholic beverages that are produced on site in accordance with MGL c.
138. A tasting room is an accessory use to the primary brewery, distillery, or winery use.
TATTOO PARLOR/BODY-PIERCING STUDIOAn establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: Placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration or alteration of the skin by means of use of needles or other instruments designed to contact or puncture the skin; (2) Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TEMPORARY SIGNA sign advertising a specific event, which is made from suitable materials to remain intact and readable given the weather conditions and the period of time that the sign is displayed. All temporary signs are meant to be temporary and shall be regulated in kind, size and time of display by the Sign Bylaw.
TOURIST HOMEA building of residential character with a resident family, offering lodging with or without meals to transients for compensation.
TOXIC OR HAZARDOUS MATERIALSSubstances listed on the Massachusetts Substance List contained in 105 CMR
670.000, Appendix A; substances regulated as hazardous wastes under Chapter
21C of the General Laws, as amended, and regulated substances defined under Subtitle 1, Section 9001, of the Resource Conservation and Recovery Act, as amended.
TRADE CENTERA single facility with a building footprint of 40,000 square feet or greater, or no more than two separate facilities with a total footprint foot 55,000 square feet or greater which host a number of public and private exhibitions and trade events. Trade centers may include accessory office and seasonal retail uses.
TRAILERA vehicle without motive power, designed to be drawn by a motor vehicle, used for living or sleeping purposes and standing on wheels or rigid supports.
WETLANDSee term “freshwater wetlands” as defined in MGL c. 131, §
40.
VEHICULAR SERVICE ESTABLISHMENT (VSE)A commercial or business establishment where patrons are provided goods and/or services while in or near their motor vehicle. VSE includes eating and drinking establishments where food is purchased on the premises from a drive-through or drive-up window, such as fast-food restaurants, ice cream, snack or beverage concessions or where wait staff leaves the building to wait on customers at car-side. The term also includes establishments where patrons receive goods and/or services from drive-through or drive-up establishments, including, but not limited to, banks, automatic teller machines (ATMs), dry-cleaners, drive-through automotive facilities, car washes, gasoline/refueling operations and substantially similar establishments.
WINDOW SIGNA sign displayed on or within the window of a building, visible from outside the building.
WIRELESS COMMUNICATIONS TOWERA structure (with antennas, if any) designed to facilitate the following types of services; cellular telephone service, personal communications service and enhanced specialized mobile radio service.
YARDAn area open to the sky, located between a street or other property line and any structure or element thereof other than a fence, wall, other customary yard accessory or projection allowed to encroach on building lines by the Commonwealth of Massachusetts State Building Code. Depth is to be measured perpendicularly to the street or property line.
YARD, FRONTA yard extending between lot side lines across the front of a lot, adjacent to each street the lot adjoins.
YARD, REARA yard adjacent to the rear lot line, between side lot lines.
YARD, SIDEA yard adjacent to the side line of the lot and extending from the front yard to the rear yard.