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Groton City Zoning Code

§ 218-3

Definitions.

[Amended 10-23-2021 ATM by Art. 15; 4-29-2023 ATM by Art. 19; 4-26-2025 ATM by Art. 16]
In this chapter the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed. Words used in the singular include the plural, and words used in the plural include the singular. The abbreviation "sq. ft." shall include square foot or square feet. The word "shall" is mandatory and "may" is permissive or discretionary. 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 "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 Massachusetts State Building Code or the Zoning Act, MGL c. 40A, shall have the meaning given therein unless a contrary intention is clearly evident in this bylaw.
ACCESSORY APARTMENT
A separate dwelling unit, complete with its own cooking and sanitary facilities, having not more than 800 square feet of habitable floor area and functioning as a separate unit. Additions, renovations, and all construction shall meet the requirements of the current edition of the State Building Code.
ACCESSORY USE OR BUILDING
A use or building which is subordinate and customarily incidental to and located on the same lot with the principal use or building to which it is accessory.
ADULT DAY CARE
A day services program designed to provide assistance with activities of daily living and meet the cognitive, social, physical, and medical needs of elderly clients, and provide temporary relief for their caregivers; certified, licensed, or operated under a contract administered by the Executive Office of Elder Affairs or other state agency authorized under the laws of the commonwealth.
AFFORDABLE HOUSING
Any combination of affordable units restricted in perpetuity to persons of families qualifying as low or moderate income under the guidelines of EOHLC earning less than 50% of median income for low income and less than 80% of median income for moderate income.
AFFORDABLE UNIT
A dwelling unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.
AGE-RESTRICTED HOUSING
Housing in which 50% of the dwelling units are subsidized under any program or plan that will result in the development of low- or moderate-income housing, such housing which the Groton Housing Authority certifies carries restrictions to limit the eligibility of the occupants and sale price, if applicable to within guidelines as defined in applicable federal or state statute, whether built or operated by any public agency or any nonprofit or limited dividend organization with occupancy reserved to persons 55 years of age or older.
AIRFIELD, NONCOMMERCIAL
A private airfield restricted to use by the owner of the facility or the owner's invited guests.
AS OF RIGHT
Development that may proceed under the Zoning Bylaw without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. Also known as “by right” development.
ASSISTED LIVING FACILITY
A residence certified by the Executive Office of Elder Affairs, or its successor, under MGL c. 19D to provide room and board and assistance with activities of daily living for three or more adult residents not related by consanguinity or affinity to their care provider, and to collect payments or third-party reimbursements to provide such services. An assisted living facility may include a licensed adult day care center as an accessory use.
AUTOMOTIVE REPAIR SHOP
A shop or garage for the repair of motor vehicles, other than a private garage or a gasoline service station.
BED AND BREAKFAST
A building or group of buildings intended to be used or used for transient overnight lodging with not less than two nor more than four rooms for paying guests, with guest meals typically included in the room charge and limited to breakfast prepared in a central kitchen, and with no cooking facilities located in individual guest rooms or suites.
BEDROOM
As defined in Title V of the Massachusetts Environmental Code (310 CMR 15.002) or successor regulation.
BOATHOUSE
A permanent, fixed roofed structure constructed for the purpose of permanent, temporary, or seasonal storage of watercraft and located on, over, or proximate to navigable water. A boathouse may be constructed in combination with docks, piers, seawalls, or landings, which are used for the purpose of maneuvering watercraft from and to, into and out of said boathouse.
BUILDING
A structure having a roof or cover and forming a shelter for persons, animals or property.
BUILDING HEIGHT
Measured at the vertical distance from the average elevation of the finished lot grade at the front of the building to the highest point of the top story in the case of a flat roof and to the ridge in the case of a pitched roof.
CAMP, DAY OR YOUTH
A camp providing facilities for groups of young people such as YMCA camps, Boy Scout or Girl Scout camps, or a similar recreation establishment operated by a public or private organization, with indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding, and incidental food service.
CHILD CARE CENTER
A facility, other than a private residence, operated on a regular basis and licensed by the Commonwealth of Massachusetts under MGL c. 15D to receive children not of common parentage under seven years of age, or under 16 years of age if those children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. As used in this chapter, "child care center" includes a facility known as "child nursery," "nursery school," "kindergarten," "child play school," "progressive school," "child development center," or "preschool."
COMMERCIAL RECREATION FACILITY, INDOOR
A facility operated as a business, open to the public for a per-visit or membership fee, for indoor recreation purposes such as tennis, racquetball, swimming, ice skating, roller skating or similar activities, including a health club or athletic club, but not including indoor recreation programs operated by the Town of Groton or its various departments, or the Groton-Dunstable Regional School District.
COMMERCIAL RECREATION FACILITY, OUTDOOR
A facility operated as a business, open to the public for a per-visit or membership fee, for outdoor recreation purposes such as skiing, swimming, ball games, golf, or similar sports or recreation activities.
CONTIGUOUS
Sharing a common lot line or touching at any point.
CONTRACTOR'S SHOP
An enclosed space used for the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage, but which does not use any exterior storage area.
CONTRACTOR'S STORAGE YARD
Any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), paints, pipe, electrical components or other building materials used by the owner or occupant of the premises in the conduct of any building trades or building craft.
CRAFT MARIJUANA CULTIVATOR COOPERATIVE
A marijuana cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth, which is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers. Marijuana research facility, an entity licensed to engage in research projects by the Massachusetts Cannabis Control Commission.
CRAFT SHOP
A business establishment that produces, on the premises, articles for sale of artistic quality or effect or handmade workmanship, e.g., candle making, glass blowing, weaving, pottery making, custom woodworking, sculpting, painting, and other associated activities.
DRIVEWAY
An improved access, other than a street, connecting between a street and one or more parking or loading spaces.
DWELLING
A building that contains one or more dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
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.
EXISTING STREET
A way in existence on May 1, 1980, if qualifying to provide frontage for subdivision of land, as provided at the definition of "frontage."
FAMILY
Any number of persons living together as a single economic unit and ordinarily using a single cooking facility.
FLOOR AREA, AGGREGATE
Total floor area including all floors of all buildings on the premises.
FLOOR AREA, GROSS
Total gross floor area including exterior building walls of all floor areas of a building or structure.
FLOOR AREA, HABITABLE
The temperature-controlled, finished floor area within a dwelling unit exclusive of unfinished garages, attics and cellars.
FRONTAGE
The length of common boundary between a lot and a way legally qualifying to provide frontage for the division of land, pursuant to § 218-6.3A and MGL c. 41, § 81L, to be measured continuously along the street line between side lot lines and their intersection with the street line, which provides safe and adequate vehicular access from said way to the principal use of the lot.
GASOLINE SERVICE STATION
A structure or lot used for the sale of gasoline and oil for servicing motor vehicles, other than a private garage.
HAMMERHEAD LOT
A lot having at least forty-foot frontage and five acres' area and meeting the requirements of § 218-6.4
HELIPORT
A facility designed to be used for the landing or takeoff of a helicopter. As used in this chapter, "heliport" is restricted in use to the owner or operator of the facility.
HOTEL, MOTEL or INN
A building or part thereof or a group of buildings on a single lot providing public accommodations, where space is used for sleeping and appurtenant services by more than four persons as paying guests. For a hotel or motel with units equipped with independent cooking facilities, such units shall not be occupied by any guest for more than two continuous months, nor may guests reoccupy any unit within 30 days of a continuous two-month stay or stay more than a combined total of four months in any calendar year, unless such requirements are specifically waived by special permit from the Board of Appeals.
HOME OCCUPATION
An occupation, business, trade, service or profession which is conducted on the premises used as the residence of the operator of the business and which is not allowed as a principal use, including, in the R-A District, a business office, professional office, craft shop for articles produced on the premises or repair shop for small items.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
LARGE-SCALE WIND ENERGY CONVERSION DEVICE
A wind energy conversion device that exceeds 65 feet in height.
LODGING HOUSE
A single-family dwelling where more than two but fewer than eight furnished rooms are provided as lodging for paying guests, regular or transient, for definite periods of times, with facilities for common services such as meals and laundry with no meals provided to outside guests.
LOT, BUILDING
A single area of land in one ownership throughout defined by metes and bounds or boundary lines as shown in a recorded deed or on a recorded plan and having the minimum area and frontage as required by this chapter.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street having street side lines or tangents to side lines forming an interior angle of less than 135°. A lot which has legal frontage on both a public way and a proposed subdivision way and one which shall be shown on a subdivision shall be considered part of that plan.
LOT or PARCEL
A single area of land in one ownership throughout defined by metes and bounds or boundary lines as shown in a recorded deed or on a recorded plan.
LOT WIDTH
The distance between the side lot lines measured along the setback line as established by this chapter. The setback line shall be parallel to a straight line connecting the two front lot corners of the lot. (See lot width detail[1]).
MANUFACTURING
The indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services. Manufacturing includes but is not limited to the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products, but does not include basic industrial processing from raw materials.
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, any other type of licensed marijuana-related business, or any combination thereof at a single location.
MARIJUANA MICROBUSINESS
A co-located marijuana establishment that can be either a Tier 1 marijuana cultivator or product manufacturer or both, in compliance with the operating procedures for each license (as defined and classified by the Massachusetts Cannabis Control Commission).
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RESEARCH FACILITY
An entity licensed to engage in research projects by the Massachusetts Cannabis Control Commission.
MARIJUANA RETAILER
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MARIJUANA TESTING FACILITY
An entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.
MARIJUANA TRANSPORTATION OR DISTRIBUTION FACILITY
An entity with a fixed location that delivers marijuana and marijuana products to marijuana establishments and transfers marijuana and marijuana products to other marijuana establishments, but not to consumers. This shall include the temporary storage of marijuana products on premises associated with transportation and distribution.
MBTA COMMUNITIES MULTI FAMILY OVERLAY DISTRICT DEVELOPMENT (MCMODD)
Multi-family use that is located in the Multi-Family Development Overlay District (MCMOD) in accordance with the provisions of § 218-7.5 MBTA Communities Multi Family Development Overlay District.
MIXED-USE DEVELOPMENT
Development containing a mix of residential uses and non-residential uses, including commercial, institutional, industrial, or other uses.
MOBILE HOME
A structure designed as a dwelling unit for living purposes, capable of being moved on its own wheels by a motor vehicle, whether retained on wheels or fixed to a permanent foundation.
MOBILE HOME PARK
Land on which two or more mobile homes are stationed for the purpose of human habitation and land which is used in conjunction with land on which mobile homes are stationed.
MULTI-FAMILY HOUSING
A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building. Also known as “multifamily use.”
MUSEUM
An institution devoted to the procurement, care, study, and display of objects of public or scientific interest, value, or historical significance.
NACELLE
The frame and housing at the top of the wind energy conversion facility tower that encloses the gearbox and generator and protects them from the weather.
OFF-SITE OFF-STREET PARKING
Parking area on a lot for the benefit of and serving the parking needs of a use on a separate noncontiguous lot, subject to the provisions of §§ 218-2.5, 218-8.1, and 218-2.3.
OFF-SITE REGISTERED MEDICAL MARIJUANA DISPENSARY (ORMMD)
A registered medical marijuana dispensary that is located off site from the cultivation/processing facility (and controlled and operated by the same registered and approved not-for-profit entity which operates an affiliated RMMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 105 CMR 725.00.
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
PERSONAL SERVICE ESTABLISHMENT
An establishment whose primary business relies on customers coming and going on a regular basis and which provides a nonmedical service directly to the consumer, such as a barber, hairdresser, manicurist, caterer, decorator, dressmaker or tailor, dry cleaner or laundry service, optician, photographer, shoemaker or upholsterer, and similar uses.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
PERSONAL WIRELESS SERVICES FACILITY
A facility for the provision of personal wireless services as defined under the Federal Telecommunications Act.
PERSONAL WIRELESS SERVICES TOWER
Any guyed structure, monopole tower or self-supporting structure that is constructed as a freestanding structure to contain one or more antennas or other equipment intended to transmit or receive television, AM/FM radio, digital, microwave, cellular, telephone or similar or related forms of communications.
PRIVATE GARAGE
Covered space for the housing of motor vehicles, no more than two of which belong to other than the occupants of the lot on which such space is located.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
REGISTERED MEDICAL MARIJUANA DISPENSARY (RMMD)
A not-for-profit entity registered and approved by the Massachusetts Department of Public Health in accordance with 105 CMR 725.100, and pursuant to all other applicable state laws and regulations, also to be known as a "medical marijuana treatment center," that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. A RMMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
ROTOR
The blades and hub of the wind energy conversion device that rotates during energy conversion device operation.
SEASONAL RESIDENCE
A residence that is used for fewer than 180 days per year. Evidence to document whether a residence is seasonal or year-round may include utility bills, United States Post Office records, principal place of garaging, or sworn affidavits by three abutting year-round residents.
SIGN
Includes any lettering, word, numeral, pictorial representation, emblem, trademark, device, flag or other figure of similar character located outdoors and being a structure or any part thereof or attached to, painted on or in any other manner represented on a building or other structure and used to announce, direct, attract, advertise or promote, including signs located inside a window only when illuminated or moving, and shall not include the display of merchandise visible through such window. Marquees, canopies, awnings, clocks, thermometers and calendars shall be subject to the provisions of this chapter only when used to display or support signs as defined above.
SMALL-SCALE WIND ENERGY CONVERSION DEVICE
A wind energy conversion device that may be freestanding or mounted on a structure not exceeding 65 feet in height.
SOLAR PHOTOVOLTAIC ARRAY
An arrangement of solar photovoltaic panels.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
The Planning Board or the Board of Appeals as designated in this chapter as having the authority to issue special permits.
STORY
The portion of a building between the upper surface of any floor and the upper surface of the floor next above, having more than 1/2 of its height above the average elevation of the finished grade adjoining the building. Any part of a building between the topmost floor and the roof shall be deemed a half-story.
STREET
A public way or private way shown on a plan approved under the provisions of the Subdivision Control Law or in existence when the provisions of said Subdivision Control Law became effective in the Town of Groton, having, in the opinion of the Planning Board, suitable width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
STREET LINE
The side line of a street or way, as determined by deeds and plans recorded at the Registry of Deeds, or a building line laid out under MGL c. 82, § 37; where no line is thus legally established, then a line parallel with and 20 feet distant from the center line of a traveled way.
STRUCTURE
Any construction, erection, assemblage, or other combination of materials upon the land made in such a manner as to indicate a purpose that it remains in position indefinitely.
TRANSFER LOT
A parcel of land with not less than 80,000 square feet used to establish a density bonus in a Flexible Development, as set forth in § 218-9.1 Such transfer lot shall be:
A. 
Determined by the Planning Board to be of special importance because of its visual prominence or potential vista blockage, ecological significance or fragility, value as agricultural or recreational land, critical relation or proximity to the Town's drinking water supply, or because it is identified in the Town's open space plan;
B. 
Not wetlands, as defined in MGL c. 131, § 40, or not land used to satisfy dimensional requirements in any other development of land;
C. 
Subject to a permanent conservation restriction pursuant to MGL c. 184, §§ 31 through 33, or conveyed to the Town, or conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or other appropriate purpose consistent with the open space uses designated in § 218-9.1.
WIND ENERGY CONVERSION DEVICE
A device that converts kinetic energy of the wind into electrical power. A wind energy conversion device typically consists of a rotor, nacelle and supporting tower.
WIND ENERGY CONVERSION DEVICE HEIGHT
The distance measured from the natural grade to the highest point on the device during operation.
WIND ENERGY CONVERSION FACILITY
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery associated with the use. A wind energy conversion facility may consist of one or more wind energy conversion devices.
WINDMILL
A device, usually associated with agriculture, that converts kinetic energy of the wind into mechanical power, not electrical power. A windmill is not a wind energy conversion device per these definitions.
WIND MONITORING OR METEOROLOGICAL ("TEST" OR "MET") TOWER
A tower, whose period in existence shall not be greater than 18 months, used for supporting anemometer, wind vane, and other equipment to assess the wind resource at a predetermined height above the ground, erected as part of a wind-energy conversion feasibility process.
[1]
Editor's Note: The Lot Width Detail diagram is included as an attachment to this chapter.