Groveland City Zoning Code
ARTICLE II
Definitions
§ 50-2.1 Terms defined.
For the purpose of this bylaw, in addition to other definitions found elsewhere in this bylaw, the following words and terms are hereby defined or the meaning thereof explained or limited. In the event of conflict within the body of this bylaw, the more stringent definition will apply unless otherwise indicated. Words used in the present tense include the future, the singular number includes the plural and the plural includes the singular, the word "lot" includes the word "plot," the word "shall" is intended to be mandatory, the word "may" is intended to be permissive, the words "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied," the word "person" includes a group, partnership, firm, association, organization, company, or corporation as well as an individual. The words "building," "structure," "lot," or "parcel" shall be construed as being followed by the words "or any portion thereof." 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. All other words not defined herein shall have their commonly accepted meanings.
Use or building customarily incidental to and located on the same lot with the use or building to which it is accessory and not detrimental to the neighborhood.
Commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture uses as permitted by MGL c. 40A, § 3.
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic or hospital use.
A place where animals are groomed and cared for on a daily basis but not boarded overnight.
A building or group of buildings, each containing four or more independent dwelling units including individual cooking and sanitary facilities.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings.
The total area within the property lines, excluding external streets.
For-profit or nonprofit entity which provides room and board and where the operator provides a minimum of two meals per day and assistance with activities of daily living for three or more elderly or disabled residents.
Premises licensed for First Class auto sales.
An establishment which is rented by individuals or groups to accommodate private functions, including, but not limited to, banquets, weddings, anniversaries, conferences and other similar events. Such a use may or may not include: 1) kitchen facilities for the preparation or catering of food; and 2) the sale of alcoholic beverages for on-premises consumption only during scheduled events and not open to the general public.
That portion of a building that is partly or completely below grade (see "story above grade plane").
A private home offering overnight accommodations to the traveling public, including breakfast, on an intermittent basis but not to be used for long-term rentals or apartments.
Building or structure for storage of boats for private use and not for hire.
A combination of materials having a roof and forming a shelter for persons, animals, property, or an activity. The word "building" shall be construed, where the context allows, as though followed by the words "or structure or part or parts thereof." Where appropriate in the context, the word "building" shall include the principal and accessory use or uses to which the building is put.
The vertical distance measured from grade plane to the highest point of the roof for flat roofs, to the top of the lower pitched section of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
The administrative chief of the Inspectional Services Department in the Town of Groveland who is charged with the enforcement of the Zoning Bylaw, acting as the Zoning Enforcement Officer.
[Added 4-24-2023 ATM by Art. 18]
The sale of construction and building materials, including but not limited to lumber, hardware, and electrical and plumbing parts and fixtures, including the main structure, any area(s) covered or uncovered in or upon which merchandise is stored or displayed for sale.
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
A building in which is conducted the main or principal use of the lot on which said building is situated.
Exposed storage tanks for oil, gas, etc., outside storage of sand and any other earth material, lumber or other bulk materials.
A building or part thereof devoted to the administration of a business or commercial enterprise which involves clerical, accounting and other administrative procedures but excludes the receipt, processing and sale of merchandise; or premises devoted to the professional office of a lawyer, engineer, architect, accountant, real estate or insurance agent or broker, or similar activity.
A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.
The use of mechanical equipment for purposes of cleaning automobiles and other vehicles.
An accessory dwelling unit constructed in or attached to a principal business or industrial use structure, which unit has a separate kitchen, separate bathroom, two separate entrances, a floor area of less than 1/2 the floor area of the principal occupancy's square feet up to a maximum of 900 square feet of habitable area, with one bedroom and which is occupied primarily by a person or persons, and their family, who are employed in part to either to care for, monitor, or repair and maintain the principal use structure.
[Added 5-23-2022 ATM by Art. 14]
A day-care center or school-aged child-care program, as permitted by MGL c. 40A, § 3, including such facilities or uses defined as "child-care center," "family child-care home," "group care facility," "large family child-care home," or "school-aged child care program," as those terms are defined in MGL c. 15D, § 1A.
An organization catering exclusively to members and their guests, or premises and buildings, for recreational or athletic purposes, which are not conducted primarily for gain, provided there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purpose of such club.
A structure for recreational, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance, including but not limited to, theaters, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
Drive-in theater, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this bylaw.
A driveway which provides access to more than one lot, each of which has at least the minimum required frontage on a street as required by the Zoning Bylaw.
[Added 5-24-2021 ATM by Art. 8]
A place, other than on the premises of a private residence for personal use, where there is stored and disposed of a mixture that consists largely of decayed organic matter which is used for fertilizing and conditioning land.
That area of a lot that is contiguous and buildable land as required by § 50-8.1, Table of Dimensional Requirements, together with that area within required setbacks to the extent such area complies with the further requirements of this definition. Wetlands described by MGL c. 131, including any no-disturbance and no-build setback areas in accordance with MGL c. 131, and the Town of Groveland Wetlands Bylaw and accompanying regulations, and slopes in excess of 20% shall not be considered as buildable for the purpose of calculating square footage.
Premises used by a contractor, subcontractor or other person doing business in construction, landscaping and related trades for the storage, either indoors or out, of vehicles, equipment, tools, supplies, materials and for fabrication of sub-assemblies.
A small retail establishment of less than 2,500 gross square feet, usually located within or associated with another use, that offers for sale convenience goods such as pre-packaged food, tobacco, periodicals, and other household items.
That percentage of the plot or lot area covered by the building area.
[Amended 6-22-2020 ATM by Art. 11]
The use of a room or rooms in a dwelling and/or accessory building on one lot by one or more persons residing thereon to conduct a business for financial gain in a manner subordinate to the principal use of the lot for residential purposes. A customary home occupation does not include business activities carried on in a residential dwelling pursuant to outside employment.
An occupation or a profession which:
Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; and
Is carried on by a member of the family residing in the dwelling unit; and
Is clearly incidental and secondary to the use of the dwelling for residential purposes; and
Conforms to the following additional conditions:
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
No person outside the family shall be employed in the home occupation.
There shall be no exterior display, no exterior sign except as permitted under Article XI, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
No offensive noise, unsightliness, vibration, smoke, dust, odors, heat, or glare shall be produced.
Customer visits are made by appointment only.
A lot of land or part thereof used for the disposal, by abandonment, dumping, burial, burning or any other means and/or whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
A detached structure consisting of two attached dwelling units, both units having living space on the ground level, and each unit having a distinct and separate entrance.
Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
A single structure consisting of three or more attached dwelling units.
A detached structure consisting of one dwelling unit. Approved accessory apartments shall be considered as part of a single-family dwelling for the purposes of this zoning bylaw.
A detached structure consisting of two attached dwelling units.
The 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, pursuant to MGL c. 40A, § 3.
The use of land or structures for educational purposes not exempted from regulation by MGL c. 40A, § 3.
To build, construct, reconstruct, move upon, alter, enlarge or conduct any physical development of the premises required for a building. To excavate, fill, drain, and the like preparation for building shall also be considered to erect.
A location including parcel pick-up boxes designed for efficient drop-off of letters and packages to be mailed by courier or post in a twenty-four-hour period.
An above-grade wall that defines the exterior boundaries of a building.
One or more persons occupying a dwelling unit and living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used as more fully defined by MGL c. 40A, § 3.
An area of land and its buildings used for gain in the raising of agricultural products, livestock, poultry and dairy products to which the exemption(s) of M.G.L. c. 40A, § 3 does not apply.
[Added 4-24-2023 ATM by Art. 19]
The sale of produce, wine and dairy products that meets the requirements for protection from zoning regulation as set forth in MGL c. 40A, § 3.
The sale of produce, wine and dairy products that does not meet the requirements for protection from zoning regulation as set forth in MGL c. 40A, § 3.
An overflow of lands not normally covered by water and that are used or usable by man. Floods have two essential characteristics: the inundation of land is temporary; and the land is adjacent to and inundated by overflow from a river, stream, ocean, lake or other body of standing water.
The areas adjoining a river, stream, watercourse, ocean, lake, or other body of standing water that have been or may be covered by floodwater, as identified by the most recently adopted NFIP maps.
A flood having an average frequency of occurrence in the order of once in 100 years although the flood may occur in any year; i.e., all the floodplain area has a 1% chance of being flooded each year while some portion of it may be flooded every year.
The aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot measured from the exterior faces of walls enclosing each building, exclusive of garages. The basement and other areas used only for storage or for services incidental to the operation or maintenance of such building or buildings shall not be used for determining floor area. In the absence of information as to what portion of a building will be used for such storage and services, 8% of the aggregate floor area shall be deemed to be used only for storage or for services incidental to the operation or maintenance of such building or buildings for the purpose of making any required calculations.
The ratio of the total floor area of a building or buildings on one lot to the total area of the lot.
The sum of the gross horizontal area of the floors of a dwelling unit used or intended to be used for living, sleeping and cooking purposes, excluding basement floor areas with less than 10% of their wall area devoted to window space, bathrooms, toilets, laundries, pantries, foyers, communicating corridors, stairways, closets, storage spaces, garages, breezeways, carports, porches and any area with less than a five-foot clear headroom under sloping ceilings.
A place for the sale, storage and transportation of fuel in bulk or for wholesale purposes.
A garage used for storage purposes only and having a capacity of not more than four automobiles. Space therein may be used for not more than one commercial vehicle not to exceed two tons' capacity, and space may be rented for not more than one vehicle of other than the occupants of the building to which such garage is accessory.
The finished ground level adjoining the building at all exterior walls.
A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the structure and a point six feet from the building.
The business of propagating plants, including trees, shrubs, vines, seed, grass, live flowers and other plants, and the storage and selling of such plants grown on the premises, as exempted by MGL c. 40A, § 3.
The business of propagating plants, including trees, shrubs, vines, seed, grass, live flowers and other plants, and the storage and selling of such plants grown on the premises, not exempted by MGL c. 40A, § 3.
An area in a building used for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable area.
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration, hire or sale.
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities.
Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
The commercial use of any area of any lot, whether inside or outside a building, for the storage, keeping, or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandonment of automobile(s) or other vehicle(s) or machinery or parts thereof.
A commercial establishment in which domesticated animals are housed, groomed, bred, boarded, trained or sold.
A system of trash and garbage disposal in which the waste is buried between layers of earth.
Fabrication, processing, or assembly employing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, and free from neighborhood disturbing agents, such as odors, gas fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration or hazardous materials and/or chemicals.
The dividing line between the street right-of-way and the lot.
Structure occupied by a nonprofit social or civic organization.
Parcel of land occupied or intended to be occupied by one main building or use and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of the zoning bylaws, having not less than the minimum area and width required by the bylaw for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
Area within a lot, including land over which easements have been granted, but not including any land within the limits of a street upon which such lot abuts, even if title to such street is held by the owner of the lot, except that if a corner lot has its corner bounded by a curved line connecting other street lines which, if extended, would intersect, the area may not be computed as if such boundary lines were so extended.
The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line, as measured continuously along a street, road, or way providing adequate vehicular access to the lot. In the case of corner lots, lot frontage is measured between the side lot line and the mid-point of the corner radius on the street designated as the frontage street by the Zoning Enforcement Officer. For lots fronting on curved streets and culs-de-sac, the frontage distance shall be determined by measuring the cumulative distances along the curves and any tangent sections there between.
The lines bounding a lot as defined herein.
A lot bounded by more than one street which has an interior angle of 135° or less formed by the tangents or straight segments of street lines between the side or rear lines of such lot or by an extension of such street lines. A lot bounded by one street shall be considered a corner lot when the tangents or straight segments of the street line between the side lines of the lot form, or would form if extended, an interior angle of 135° or less.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately parallel streets.
The distance between the side lot lines.
A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities, excluding buildings used to grow or dispense medical marijuana.
The excavation of the earth for the purpose of extracting ores, precious stones, coal, and related materials.
Those buildings in which more than one use or occupancy, as defined by 780 CMR, the Massachusetts State Building Code, is contained.
An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but does not include the storage of vehicles for the cannibalization of parts.
Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.
Premises for the servicing and repair of autos, but not to include fuel sales.
The word "municipal" means the Town of Groveland.
Outdoor facilities owned or operated by the Town of Groveland for the purpose of outdoor recreational activities.
Any dwelling or building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
A permit issued by the Building Inspector/Zoning Enforcement Officer authorizing the occupancy and the use of land or buildings.
An unoccupied space open to the sky on the same lot with a building. This area must be free of all structures, parking, pavement or other uses that preclude landscaping.
An area in a building or on a lot available for parking one motor vehicle, having a width of not less than nine feet and an area of not less than 180 square feet, exclusive of passageways and driveways appurtenant thereto, and with free and unimpeded access to a street over unobstructed passageways or driveways.
Parking for fee or parking of more than one commercial vehicle except on farms.
Special permit, unless otherwise specified.
Land used for dwellings (single, multiple or apartments) having reduced area or frontage or both, subject to a special permit issued by the Planning Board in accordance with the provisions of § 50-10.3 of this bylaw.
A porch that has no walls or windows other than that of the main building to which it is attached.
The word "public" means the Town of Groveland, Commonwealth of Massachusetts, United States government or an agency thereof.
Premises operated by, or on behalf of, the Town of Groveland for the storage, manufacture, maintenance or repair of buildings, infrastructure, materials or equipment.
A line separating a lot from other lots or from land in a different ownership, being the boundary of a lot which is opposite or approximately opposite the frontage street. Where, because of irregular lot shape, the Building Inspector and the lot owner cannot agree as to whether a lot line is a side or a rear line, it shall be considered a rear line.
The due recording in the Essex County Registry of Deeds, or, as to registered land, the due filing in the Essex County Land Registration Office.
Also known as a "medical marijuana treatment center"; a not-for-profit entity registered under 935 CMR 501.000, that acquires, cultivates, possesses, processes [including development of related products such as edible marijuana-infused products ("MIPs"), 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. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
A building, or portion thereof, containing tables and/or booths for at least 2/3 of its legal capacity, 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 adjunct to the main indoor restaurant facility. The term "restaurant" shall not include "fast-food restaurant."
Any premises used for the sale, dispensing or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may consume the food, refreshments or beverages on the premises.
An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises and usually requires ordering food at a counter or a drive-through window.
The sale of goods, including but not limited to a bank or financial institution, but not otherwise specifically listed in the Table of Use Regulations, and which is greater than 2,500 square feet but not in excess of 25,000 square feet. The size of the use shall include the main structure, any area(s) covered or uncovered in or upon which merchandise is stored or displayed for sale.
The sale of goods, including but not limited to a bank or financial institution, but not otherwise specifically listed in the Table of Use Regulations, and which is not in excess of 2,500 square feet. The size of the use shall include the main structure, any area(s) covered or uncovered in or upon which merchandise is stored or displayed for sale.
A public sanitary sewer of the Town of Groveland.
The required unoccupied open space on a lot measured from the street line, side lot line, or rear lot line, as the case may be, to the nearest point of any structure or projection thereof, measured in a line perpendicular to such lot or street line; provided, however, a landscaping or boundary wall that does not retain unbalanced fill, fences less than seven feet in height, play structures or decorative yard items and summer awnings is permitted in any setback, subject to height limitations. In the case of a corner lot, "setback" shall refer to the distance from each street line, considered separately, to the nearest point of any structure.
A grouping of retail business and/or service uses, allowed by right or by special permit, on a single site with common parking facilities which is planned, constructed and managed as a total entity.
A line separating a lot from other lots or from land in a different ownership, other than a street line or a rear lot line.
See Article XI.
The Board of Appeals, unless otherwise designated.
A kind of open and available building or structure, ether standing alone or attached to a main building, used to provide immediate automated service to customers of an institution which may be accessed by driving through or walking up to the building or structure. This shall not include restaurants.
A building where individual portions of the building are rented to consumers for the temporary storage of business or personal items.
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
Any story having its finished floor surface entirely above grade plane, except that a basement shall be considered a story above grade plane where the finished surface of the floor above the basement meets any one of the following:
The boundary of a street right-of-way or layout.
An area of land dedicated, approved by the Planning Board, or legally open for public travel under at least one of the following classifications:
A public way duly laid out by the Town of Groveland, the Essex County Commissioners, or the Commonwealth of Massachusetts, or a way which the Groveland Town Clerk certifies is maintained by public authority and used as a public way; or
A way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law; or
A way in existence having, in the opinion of the Planning Board, Road Commissioner, and Water Commissioner, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the 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; or
A public way or private way as described above shall not be deemed to be a "street" to any lot of land that does not have rights of access to and passage over said way.
That which is built or constructed. However, this definition does not include landscaping or boundary walls that do not retain unbalanced fill, fences less than seven feet in height, play structures or decorative yard items.
Tent, construction shanty, or similarly portable or demountable structure intended for continuous use for not longer than one year.
Use, operation or occupancy of a parcel of land, building or structure for a period not to exceed one calendar year.
A place where solid waste or recyclables are collected and sorted in preparation for processing and/or transferred from one hauler to another for the purpose of taking it to a landfill or other qualified refuse or recycling facility.
Yards or structures for the storage and/or servicing of two or more commercial vehicles.
The storage of goods, either indoors or out, for distribution but not for sale, where the goods being stored are picked up and dropped off on a regular basis as part of an ongoing business.
See "street, road or way."
Sale of goods except at retail, without outdoor storage.