Great Barrington, MA Zoning Ordinance

In this bylaw, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the bylaw. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." The words "building," "structure," "lot," or "parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this bylaw.

ACCESSORY BUILDING

A subordinate building, the use of which is customarily incidental to that of a principal building and located on the same lot, or an abutting lot in common ownership, therewith.

ACCESSORY DWELLING UNIT

A subordinate dwelling unit on the same lot as a primary single-unit dwelling or two-unit dwelling use, whether in an accessory building or within the same building as the primary dwelling, with provisions for independent cooking, living, sanitation and sleeping. A movable tiny house (MTH) connected to electricity, water, and sewer or septic that has its chassis, wheels, and hitch concealed shall be considered an accessory dwelling unit.

[Amended 5-1-2023 ATM by Art. 30]

ACCESSORY USE

A use customarily incidental and subordinate to the principal use and located on the same lot, or an abutting lot in common ownership, therewith.

ADULT DAY-CARE FACILITY

A social day care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs.

AGRICULTURE

Agriculture, horticulture, viticulture, floriculture, silviculture or aquaculture exempted by the provisions of MGL c. 40A. § 3 on a parcel of five acres or more and where the primary use of the land is agriculture, horticulture or floriculture. For such purposes, land divided by a public or private way or a waterway shall be construed as one parcel.

ARTIST STUDIO

A studio for the work of an artist, sculptor, craftsperson, artisan or the like with or without incidental sales of such work.

ASSISTED LIVING RESIDENCE

An accessory facility licensed pursuant to MGL c. 19D.

ATTIC

The space between the ceiling beams of the top story and the roof rafters.

CAMPING FACILITY

An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational vehicles or trailer, which is primarily used for recreational purposes and retains an open air or natural character.

CELLAR

That portion of a building which is partly or completely below grade and having at least 1/2 its height below grade.

CHILD-CARE CENTER

A day-care center or school age child-care program, as those terms are defined in MGL c. 15D, § 1A.

CLUBHOUSE OR FRATERNAL LODGE, NOT FOR PROFIT

Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.

COLIVING RESIDENTIAL DEVELOPMENT

A building or part thereof that contains sleeping units where residents share bathrooms or kitchen facilities or both.

[Added 5-6-2024 ATM by Art. 19]

COMMERCIAL AMUSEMENT

Buildings, structures, and premises for indoor and/or outdoor recreation, including, but not limited to, fairgrounds for fairs, animal racing, circuses, and other similar exhibitions.

COMMERCIAL PARKING LOT

Any lot or structure, available to the public, whether operated for gain or not, and which is used principally for the short-term parking of motor vehicles, and which is not used for the repair of motor vehicles.

COMMUNITY CENTER OPERATED BY A MUNICIPAL OR PRIVATE NOT-FOR-PROFIT ORGANIZATION

Indoor and/or outdoor facilities such as playgrounds, gym, swimming pool, exercise rooms, recreational areas, meeting rooms, food service, and similar compatible uses as determined by the SPGA during the special permit approval process.

CONTRACTOR'S YARD

Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

[Amended 5-1-2023 ATM by Art. 30]

DWELLING, MULTI-UNIT

A residential building containing three or more dwelling units.

[Amended 5-1-2023 ATM by Art. 30]

DWELLING, ROW

A building consisting of a series of three or more noncommunicating dwelling units having a common wall between each two adjacent dwelling units.

DWELLING, SINGLE-UNIT

An individual detached residential dwelling unit, other than a mobile home.

[Amended 5-1-2023 ATM by Art. 30]

DWELLING, TWO-UNIT

A detached residential building containing two dwelling units.

[Amended 5-1-2023 ATM by Art. 30]

EDGE OF PAVEMENT

The line between a paved and an unpaved surface.

EDUCATIONAL USE, EXEMPT

Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation, as set forth by MGL c. 40A, § 3.

EDUCATIONAL USE, NONEXEMPT

Educational facilities not exempted from regulation by MGL c. 40A, § 3.

ESSENTIAL SERVICES

Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems whether underground or overhead, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith.[1]

FAMILY CHILD-CARE HOME, LARGE OR SMALL

Any private residence operating a facility as defined in MGL c. 15D, § 1A.

FAST-FOOD EATING ESTABLISHMENT

A type of restaurant, with or without a drive-up window for serving customers in motor vehicles, which has as its principal business the sale of pre-prepared or quickly prepared foods or drinks, often using disposable containers or wrappers, for consumption either on or off the premises.

FLOODPLAIN OVERLAY DISTRICT

The following definitions shall apply in the FPOD. Reference is also made to 44 CFR 59.

[Added 6-6-2022 ATM by Art. 22]

11.1.1.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

11.1.2.

FLOOD BOUNDARY AND FLOODWAY MAP

An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps prepared in 1987 and later, the floodway designation is included on the FIRM.)

11.1.3.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.

11.1.4.

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

11.1.5.

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

11.1.6.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

11.1.7.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

11.1.8.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the Town's first floodplain bylaw, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement.

11.1.9.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

11.1.10.

REGULATORY FLOODWAY

See "floodway."

11.1.11.

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.

11.1.12.

START OF CONSTRUCTION

The date of issuance of a building permit for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

11.1.13.

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

11.1.14.

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (the Massachusetts State Building Code).

11.1.15.

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation.

11.1.16.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided.

FLOOR AREA, GROSS (GFA)

The floor area within the perimeter of the building under consideration, including the thickness of exterior walls, and without deduction for hallways, stairs, closets, thickness of walls, columns or other features.

FLOOR AREA, NET USABLE (NUFA)

The portion of gross floor area less exterior walls, less vertical penetrations such as stairwells and elevator shafts, and less any common areas not leased to tenants.

GALLERY

A room or building devoted to the exhibition of works of art.

GARAGE, PRIVATE

A garage not available to the public, used for storage purposes only, and in which no business, service or industry connected directly or indirectly with motor vehicles is conducted.

GARAGE, PUBLIC

Any garage, other than a private garage, available to the public, operated for gain, and which is used for long-term (more than 24 hours) storage or repair of motor vehicles.

GARDEN CENTER

A facility that has live nursery products planted outdoors in the ground, for sale or display, on at least 15% of its developed site from at least May through September of each year, that provides nursery and related items for use in and around gardens and that may also provide Christmas trees and other items related to holidays.

GENERAL SERVICE ESTABLISHMENT

Any establishment or repair shop where the repair and maintenance of household items, except motor vehicles, occurs, or where crafts, skills or professional trades are performed, including but not limited to appliance repair, artisans, bakers, builders, caterers, carpenters, contractors, electricians, plumbers, upholsterers; and similar uses. Does not include kennels.

GROUP RESIDENCE

A residence or group home established for the purpose of serving the living, educational, training or rehabilitational needs of children or adults, such as those with physical or mental handicaps or learning disabilities, under the supervision of persons trained and licensed for such purpose.

HABITABLE SPACE

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

HALF-STORY

That portion of a building under a sloping roof, the cubic contents of which are never more than 1/2 of that of the story below. If the cubic contents are greater, it shall be deemed a story.

HEIGHT OF A BUILDING

The vertical distance measured from the average level of the highest and lowest points of the finished grade adjoining the wall of a building facing the street to the highest point of coping of the top story in the case of a flat roof, to the deck line of a mansard roof, and to the average height between the eaves and ridge of a gable, hip or shed roof (see illustration below). When height is expressed in both stories and feet, the specified number of stories is allowed up to the maximum specified number of feet.

HIGH-IMPACT RETAIL

Any establishment as set forth in Section 7.9.1 of this bylaw.

HOME OCCUPATION, CUSTOMARY

Low-impact home occupations including but not limited to: baking or preserving, dressmaking, home cooking, millinery, tailoring, or similar domestic crafts, and telephone or mail services.

HOME OCCUPATION, LOW-IMPACT

Professional or customary home occupations as defined in this bylaw, which do not have more than one nonresident employee, and which have no impact on the neighborhood character.

HOME OCCUPATION, PROFESSIONAL

Low-impact home occupations including but not limited to: offices and studios of an accountant, architect, artist, attorney, author, clergyman, consultant, engineer, financial advisor, musician, real estate broker, or similar low-impact professions that provide individual or one-on-one personal services, and teacher of not more than three pupils on the premises at any time.

HOME OCCUPATION, MODERATE-IMPACT

Any home occupation which has more than one nonresident employee, or whose noise, lighting, odor, traffic, or other impacts are minor and may not alter the neighborhood character, including but not limited to: physician, surgeon, dentist, resident tradesperson (including, but not limited to, artisan, carpenter, electrician, plumber, janitor, sheet metal worker, upholsterer, small engine repair person, landscaper), family child-care home (including large), yoga and personal wellness studios, and similar professions. Trades such as the servicing, maintenance, or restoration of motor vehicles are expressly prohibited in all residential zones.

HOSPITAL

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other physical or mental conditions and including, as an integral part of the institution, related facilities, including laboratories, outpatient facilities, training facilities, medical offices, helipad for emergency use, and staff residences.

HOTEL

A building whose rental rooms are accessed via an interior common corridor where lodging is provided for paying guests, with or without public dining facilities, and having 11 or more rental rooms.

INCIDENTAL STRIPPING OF SOD OR REMOVAL OF TOPSOIL, GRAVEL, LOAM, SAND, STONE OR OTHER EARTH MATERIALS

Such activity is incidental when incidental to or required in connection with any of the following operations: erection of a building or structure on a lot for which a permit has been properly issued; construction of a road in an approved subdivision; in connection with the grading of a premises not below the level of adjoining streets and in such a way as not to leave exposed boulders.

KENNEL

A facility or premises for the boarding, breeding, day care, or other purpose of keeping more than three dogs three months old or over, but not including private residences or that portion of a veterinary clinic that may board dogs for limited periods in connection with veterinary services.

LANDSCAPER'S YARD

See "contractor's yard."

LARGE-SCALE COMMERCIAL DEVELOPMENT

Retail stores or centers and/or wholesale sales and service with total aggregate gross floor area greater than 20,000 square feet and less than 50,000 square feet, including all floors and buildings on the property, but not including area in an attic or cellar used for storage or utilities.

LIGHT MANUFACTURING

Research or testing laboratory, printing-plant, manufacturing establishment, or other assembly, packaging, finishing or processing use, including food processing and packaging, provided that all operations shall confine disturbing smoke, fumes, dust, odors, vibrations and noise to the premises.

LIVE/WORK UNITS

Space used by artists, craftspeople or persons engaged in creative services for the following two purposes: making items and/or performing services and residing on the premises. Such residency shall be limited to one household per unit.

[Amended 5-1-2023 ATM by Art. 30]

LOADING SPACE

Accommodation off the street for loading and unloading of trucks, in the form of one or more truck berths located either within a building or in open space on the same lot.

LOT

That area of land in one ownership occupied or intended to be occupied by one principal building or use, or by a group of principal buildings together with accessory buildings, including such yards or open spaces as are arranged or designed to be used in connection with such buildings; provided, however, that no part of the lot that provides access to a proposed building site or to an existing building shall be less than 40 feet in width.

LOT COVERAGE

The portion of the lot area, expressed as a percent, that is covered by buildings and structures. Structures below the finished grade shall not be included in calculating the lot coverage.

LOT FRONTAGE

The distance along the street line measured between the side lot lines, provided that at no place shall the depth of lot frontage be less than the required front yard of the zoning district in order to qualify for lot frontage under this bylaw.

LOT LINE

The boundary between lots or between a lot and a street.

LOT WIDTH

The distance along the building setback line measured parallel to or concentric with the street line.

LOT, CORNER

Any lot that occupies the interior angle at the intersection of two street lines which make an angle of less than 135° with each other, the owner of a corner lot having the privilege of specifying which street lot line shall be deemed the front line and being required, when requesting a building permit, so to specify.

MARIJUANA ESTABLISHMENT

A marijuana cultivator, independent testing laboratory, marijuana transporter, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business registered, approved, and regulated in accordance with the regulations of the Massachusetts Cannabis Control Commission and/or pursuant to all other applicable state and local laws and regulations.

MEDICAL MARIJUANA TREATMENT CENTER (MMTC)

A premises approved under a medical use marijuana license by the Cannabis Control Commission or as otherwise authorized by state law, also known as a registered marijuana dispensary (RMD).

MIXED USE

A combination of uses in a building or on a lot where one of the uses is residential.

MOBILE HOME

A detached dwelling unit with substantially all of the following characteristics:

[Amended 5-1-2023 ATM by Art. 30]

•	Mobile homes must meet American Standard Association Code Provision A-119-1.
•	Mobile homes must contain at least 500 square feet of living area.
•	All occupied mobile homes must be installed in conformance with the Massachusetts Building Code and any special requirements as prescribed in an issued special permit.
•	Designed for long-term occupancy by a single household and containing sleeping accommodations, flush toilet, a tub or shower, bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
•	Designed to be transported after fabrication on its own wheels or on flat bed or other trailers or detachable wheels.
•	Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connections to utilities and the like.

MOTEL

A building or buildings intended and designed for transient, overnight or extended occupancy, divided into separate units within the same building, whose rental rooms are accessed by their own exterior doors, having 11 or more rental rooms, and with or without a public dining facility. If such motel has independent cooking facilities, such unit shall not be occupied by any guest for more than four continuous months, nor may the guest reoccupy any unit within 30 days of a continuous four-month stay, nor may the guest stay more than six months in any calendar year. No occupant of such motel may claim residency at such location.

MOTOR VEHICLE FUEL STATION

Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, including sales of packaged and prepared foods, but not to include body work, painting, or major repairs.

MOTOR VEHICLE REPAIR SHOP

A building, or part thereof, for vehicle repair, service, and detailing. Vehicles include within its meaning the following: cars, trucks, vans, recreational vehicles, and mobile construction equipment. Repair, service, and detailing includes within its meaning the following: structural body repairs, refinishing, and/or painting of motor vehicles; minor repairs, such as lubricating, tune-ups, adjusting, repairing brakes, tire service and general automotive service, and; major repairs, such as major overhaul of engines or transmissions.

MOTOR VEHICLE SALES OR RENTAL

The sale or lease of motor vehicles, including boats and trailers, whether new or used.

MOVABLE TINY HOUSE (MTH)

A structure intended for the separate, independent living quarters of one household for year-round residence that meets all of the following: (a) is licensed and registered with the Massachusetts Registry of Motor Vehicles; (b) meets the American National Standards Institute (ANSI) 119.5 requirements, and certified by a qualified third party inspector for ANSI compliance; (c) cannot move under its own power; (d) has not less than 150 and no more than 400 square feet of habitable living space, excluding lofts; (e) is designed and built using conventional residential building materials for windows, roofing and exterior siding.

MUNICIPAL FACILITIES

Facilities owned or operated by the Town of Great Barrington.

NONCONFORMING BUILDING

Any existing structure or building which does not conform to the height, density or yard regulations for the district in which such use is located.

OFFICE

A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise.

OPEN SPACE RESIDENTIAL DEVELOPMENT

The following definitions shall apply with regard to open space residential development:

CONDOMINIUM — A form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land on which the structure is located or other parts of the structure in common with other owners.

CONVENTIONAL SUBDIVISION DEVELOPMENT — A subdivision or other development of land prepared in compliance with the requirements of the underlying zoning district in which it is located.

COOPERATIVE — A multifamily development owned and maintained by the residents under an arrangement where the entire structure and real property are under common ownership as contrasted to a condominium dwelling where individual units are under separate individual ownership.

HOMEOWNERS' ASSOCIATION — A corporation, trust or association owned jointly by the owners of the lots or dwelling units in a development in which ownership passes with conveyance of the lots or dwelling units.

OPEN SPACE RESIDENTIAL DEVELOPMENT — A subdivision or other development authorized by special permit in accordance with the requirements of this bylaw in which some or all of the lots may not conform to the lot area, frontage, setback, or yard requirements of this bylaw and in which a minimum of 50% of the developable area of the property is to be permanently protected open space.

PROTECTED OPEN SPACE — Undeveloped land with restrictions or easements placed on it for permanent protection.

PARKING SPACE

Accommodation for the parking of a motor vehicle on a lot provided for restricted use in connection with a particular business or private enterprise or as an adjunct to a housing development or private residence, whether operated for gain or not or whether cooperatively established and operated or not. Such parking spaces may consist of parking lots, private garages or other structures and accessories at or below grade.

PASSENGER STATION

Transportation facility for passengers by rail, bus, or other common carrier, parking and other accessory facilities typically found in a passenger terminal, including food service.

PERSONAL SERVICE ESTABLISHMENT

Any establishment primarily engaged in providing services involving the care of, repair, maintenance, or customizing of personal properties that may be worn or carried about the person or are a physical part of the person, including but not limited to barbers, body artists, clothes cleaners, decorators, florists, garment makers, hair dressers, manicurists, massage therapist, photographers, printers, shoe repairers, yoga and personal wellness studios, undertakers; and similar uses. Does not include medical and dental offices, veterinarians, or kennels.

PHOTOVOLTAIC SYSTEM (also referred to as PHOTOVOLTAIC INSTALLATION)

An active solar energy system that converts solar energy directly into electricity.

PLANNED UNIT RESIDENTIAL DEVELOPMENT

Any multi-unit development consisting of 10 or more dwelling units on a single lot or on separate lots within the same development, whether for rental or for sale, either as condominiums or under cooperative ownership.

[Amended 5-1-2023 ATM by Art. 30]

PREMISES

Any lot, area or tract of land, whether used in connection with a building or not.

PROFESSIONAL OFFICE

Building housing members of a recognized profession such as doctors, lawyers, dentists, architects, civil engineers, optical services, podiatrists, chiropractors and medical clinic, subject to special requirements in residential districts and that do not include retail sales as a principal use.

PROJECT AREA

The land area required to accommodate and support the installation and operation of a solar energy system; typically, the land which is enclosed within the line of a perimeter fence that encloses the solar energy system and its accessory components or, if there is no fence, the area of the ground covered by the installation.

PROPERTY LINE

The line between two abutting properties.

REAR LOT

A lot with an area 1.5 times the minimum area required for the zoning district in which it lies, and with at least 40 feet of frontage, as further defined in Section 4.3.

REGISTERED MARIJUANA DISPENSARY (RMD)

See "medical marijuana treatment center."

RESTAURANT

A building, or portion thereof, containing tables and/or booths which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include any "fast food eating establishment."

RETAIL ESTABLISHMENT

A facility selling goods but not specifically listed in the Section 3.1.4, the Table of Use Regulations.

RETAIL STORE OR SHOP FOR SALE OF CUSTOM WORK OR ARTICLES MADE ON THE PREMISES

Any manufacturing or fabrication shall be considered a light manufacturing operation incidental to retail or service use and involves products customarily sold on the premises by the producer to the customer.

RETAIL, HIGH-IMPACT

See "high impact retail."

SANITARY LANDFILL

The dumping, compacting and coverage (with suitable soil) of solid waste, all in accordance with procedures to be determined with sanitary engineering advice and acceptable to the Board of Health and Selectboard.

SAW LOG MILL AND MANUFACTURE OF FOREST PRODUCTS

Any saw (log) mill shall be located at least 200 feet from any lot line; and no piles of sawdust or other refuse shall be maintained within 100 feet of any lot line.

SIGN

As regulated by Town Code Chapter 146, any device visible from a public place whose design is to convey commercial or noncommercial messages by means of graphic presentation of alphanumeric or pictorial symbols or representations. Noncommercial flags or any governmental flags displayed from flagpoles or staffs will not be considered to be signs.

SOLAR COLLECTOR

A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

SOLAR ENERGY

Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM

A device or structural design feature for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

SOLAR ENERGY SYSTEM, ACCESSORY USE

A solar energy system whose function is to provide electric power to meet the needs of the primary use.

SOLAR ENERGY SYSTEM, COMMERCIAL SCALE

A solar energy system in excess of 750 square feet that is not an accessory use system.

SOLAR ENERGY SYSTEM, GROUND-MOUNTED

A solar energy system that is structurally mounted to the ground and is not roof-mounted.

SOLAR ENERGY SYSTEM, ROOF-MOUNTED

A solar energy system that is structurally mounted to the roof of a building.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the space between such floor and the ceiling next above it, provided that a cellar, a stairway or elevator penthouse or a roof structure housing machinery incidental to the operation of the building shall not be considered a story.

STREET

A public way or a private way, either shown on a plan approved in accordance with the Subdivision Control Law or otherwise qualifying a lot for frontage under the Subdivision Control Law.

STREET LINE

The right-of-way line of a street as established under public authority or as shown on a plan approved by the Planning Board, or, if neither of the above apply, a line parallel to the center line of the street measured back a distance equal to 1/2 of the normally required right-of-way.

STRUCTURE

A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like.

TIMESHARE [time-share, time share]

A dwelling unit where the exclusive right of use, possession or occupancy circulates among various owners or lessees thereof in accordance with a fixed or floating time schedule on a periodically recurring basis, whether such use, possession or occupancy is subject to either a time-share estate, in which the ownership or leasehold estate in property is devoted to a time-share fee (tenants in common, time-span ownership and interval ownership) and a time-share lease or time-share use, including any contractual right of exclusive occupancy that does not fall within the definition of time-share estate, including but not limited to a vacation license, prepaid hotel reservation, club membership, limited partnership or vacation bond.

TOURIST HOME

Any establishment renting more than three and less than 11 rooms on a nightly basis, whether seasonally or year-round, regardless of whether meals are served and regardless of any other designation, such as inn, country inn, bed-and-breakfast inn, guest house or the like.

USE

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

WATER QUALITY PROTECTION OVERLAY DISTRICT

The following definitions shall apply in the WQPOD:

AQUIFER — Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
CLASS A SURFACE WATER SUPPLY — Surface water bodies used for drinking water supply such as Long Pond and East Mountain Reservoir.
DEP — Massachusetts Department of Environmental Protection.
HAZARDOUS MATERIAL — Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture was discharged to land or water in the Town of Great Barrington. Hazardous materials include, without limitation, synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under Massachusetts General Laws, Chapters 21C and 21E and 310 CMR 30.00.
IMPERVIOUS SURFACE — Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
LANDFILL — A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
NONSANITARY WASTEWATER — Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
OPEN DUMP — A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act [42 U.S.C. § 4004(a)(b)], or the regulations and criteria for solid waste disposal.
POTENTIAL DRINKING WATER SOURCES — Areas which could provide significant potable water in the future.
RECHARGE AREAS — Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include areas designated by DEP as Zone I, Zone II, or Zone III, as defined below.
SEPTAGE — The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material which is a hazardous waste, pursuant to 310 CMR 30.000.
SLUDGE — The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screenings, or grease and oil which are removed at the headworks of a treatment facility.
SURFACE WATER SOURCE PROTECTION ZONE A (INNER ZONE) — The land area:
•	Between the surface water source and the upper boundary of the bank;
•	Within a 400-foot lateral distance from the upper boundary of the bank of a Class A surface water source as defined in 314 CMR 4.05 (3) (a); and
•	Within a 200-foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body.
SURFACE WATER SOURCE PROTECTION ZONE B (OUTER ZONE) — The land area within 1/2 mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05 (3) (a), or the edge of the watershed, whichever is less. Zone B includes, by definition, the land area in Zone A.
SURFACE WATER SOURCE PROTECTION ZONE C — The land area not designated as Zone A or B within the watershed of a Class A surface water source as defined in 314 CMR 4.05(3)(a).
TREATMENT WORKS — Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
TRIBUTARY — For Surface Water Protection Zones A and B: Any body of running, or intermittently running, water which moves in a definite channel, naturally or artificially created, in the ground due to a hydraulic gradient, and which ultimately flows into a Class A surface water source, as defined in 314 CMR 4.05(3)(a).
•	For the Wellhead Protection Zones I and II and the Stream and Lakes Protection Zone: A perennial stream as defined under the Massachusetts Wetlands Protection Act Regulations. (310 CMR 10.00).
VERY SMALL QUANTITY GENERATOR — Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY — A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A.
WATER QUALITY PROTECTION OVERLAY DISTRICT — The zoning district established pursuant to this bylaw and defined to overlay other zoning districts in the Town of Great Barrington. The Water Quality Protection District includes, for the purposes of this section, Surface Water Source Protection Area Zone B, and Wellhead Protection Area Zone II. Each of these protection zones shall be considered equivalent in terms of their permitted uses and prohibitions unless specifically noted otherwise. Surface Water Source Protection Area Zone A is included (with more restrictions) in Zone B, as is Wellhead Protection Zone I in Zone II.
WELLHEAD PROTECTION ZONE — The area controlled by DEP Wellhead Protection Regulation, 310 CMR 22.21(2). See Zone I, II, and III below.
ZONE I (INNER ZONE) — The 100- to 400-foot protective radius around a public water system well or wellfield which must be owned by the water supplier or controlled through a conservation restriction.
ZONE II (OUTER ZONE) — The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.00.
ZONE III — The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00.

WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT

The following definitions shall apply in the WTOD:

ACT — The Telecommunications Act of 1996.

ANTENNA — A device which is attached to a tower, or other structure for transmitting and receiving electromagnetic waves.

AVAILABLE SPACE — The space on a tower or structure to which antennas of a personal wireless service provider are both structurally able and electromagnetically able to be attached.

BASE STATION — The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of personal wireless service provider can be located on a single tower or structure.

CHANNEL — The segment of the radiation spectrum from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.

COMMUNICATION EQUIPMENT SHELTER — A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service transmissions.

DBM — Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to 1 milliwatt.

ELECTROMAGNETICALLY ABLE — The determination that the new signal from and to the proposed new antennas will not significantly interfere with the existing signals from and to other facilities located on the same tower or structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.

EMF — Electromagnetic frequency radiation.

EVALUATION — Either the measurement, by the use of instruments in the field, of the radiation from a site as a whole, or from individual personal wireless service facilities, towers, antennas or repeaters; or the calculation of radio frequency radiation levels from such locations utilizing the FCC's OET Bulletin 65, the National Council on Radiation Protection and Measurements Reports 86 and 119, or other applicable standards approved by the FCC and used in accordance with FCC requirements and instructions.

EVALUATION PROTOCOL — The levels of radio frequency radiation emissions shall be assessed by calculations utilizing the FCC's OET Bulletin 65 or any other current applicable guidelines. The SPGA may, as the technology changes, require, by written regulation, the use of other evaluation protocols. A copy of the evaluation protocol shall be on file with the Town Clerk.

FACILITY SITE — A property, or any part thereof, which is owned or leased by one or more personal wireless service providers and upon which one or more personal wireless service facility(s), including any personal wireless tower or structure on which the personal wireless service facility may be mounted, and required landscaping are located.

FCC — Federal Communication Commission. The government agency responsible for regulating telecommunications in the United States.

MONOPOLE — A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal pole with below grade foundations.

OET BULLETIN 65 — The FCC's Office of Engineering and Technology bulletin, published in August 1997, and entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", and any associated appendices or supplements, including Supplement C (dated January 2001) entitled "Additional Information for Evaluating Compliance of Mobile and Portable Devices with FCC Limits for Human Exposure to Radiofrequency Emissions." These provide a protocol for calculating or predicting the strength of electromagnetic fields near personal wireless service facilities and towers. Bulletin 65 may be found on the FCC website at <http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet65/oet65.pdf>.

PERSONAL WIRELESS SERVICE FACILITY — All equipment (including any repeaters) with which a personal wireless service provider broadcasts and receives the radio frequency waves which carry their services and all locations of said equipment or any part thereof. This facility may be sited on one or more personal wireless towers or structure(s) owned and permitted by another owner or entity.

PERSONAL WIRELESS SERVICE PROVIDER — An entity licensed by the FCC to provide personal wireless services to individuals or institutions.

PERSONAL WIRELESS SERVICES — Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services. These services include: cellular services, personal communication services (PCS), specialized mobile radio services and paging services.

PERSONAL WIRELESS TOWER OR STRUCTURE — A tower or existing structure upon which one or more personal wireless service facilities may be installed.

RADIATION PROPAGATION STUDIES OR RADIAL PLOTS — Computer-generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for personal wireless services facility proposed for that site.

REPEATER — A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.

STRUCTURALLY ABLE — The determination that a tower or structure is capable of carrying the load imposed by the proposed new antennas under all reasonably predictable conditions as determined by professional structural engineering analysis.

TELEPORT — A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmitting in the C-Band (four to six GHz) spectrum.

TOWER — A lattice structure or framework, or monopole, in excess of 15 feet tall, which is designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment.

YARD

An unoccupied space open to the sky on the same lot with a building or structure.

YARD, FRONT

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

YARD, REAR

A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and the rear lot line.

YARD, SIDE

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

ZONING ACT

Chapter 40A of the Massachusetts General Laws.

[1]

Editor's Note: The former definition of "family," which immediately followed this definition, was repealed 5-1-2023 ATM by Art. 30.

Great Barrington City Zoning Code

SECTION 11

11.1 Definitions