In this ordinance, the following terms shall apply unless a different meaning is required by the context or is specifically prescribed in the text of the ordinance. 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 ordinance.

ATM: A device whether attached to a structure or free standing, for the dispensing of money and the conduct of financial transactions. ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

Accessory dwelling unit (ADU): A self-contained dwelling unit attached to a single-family dwelling or in a detached structure located on the same lot as the primary dwelling which is smaller in size to the primary dwelling. An ADU must: include sleeping, cooking, and sanitary facilities, and if attached, it must have a separate entrance. An ADU shall not be sold separately from the primary dwelling nor shall the lot on which the ADU lies be divided from the primary dwelling lot.

Accessory use: A use customarily incidental to that of the main or principal building or use of the land.

Adult bookstore: An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other matters which are distinguished as characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L.A c. 272, § 31 which excludes minors by virtue of age.

Adult dance club: An establishment which, as its principal form of entertainment, permits a person or persons to perform in a state of nudity as defined in M.G.L.A. c. 272, § 31.

Adult theater: An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L.A. c. 272, § 31 and which excludes minors by virtue of age.

Adult video store: An establishment having as a substantial or significant portion of its stock in videos, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L.A. c. 272, § 31 and which excludes minors by virtue of age.

Adverse impact: Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses, or effects which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Advertising blimp: An inflatable sign that by way of gas or other manner is caused to float above the structure to which it is attached. Further, such inflatable sign is capable of moving from place to place and is not permanently affixed to the ground or structure.

Agricultural use, nonexempt: Agricultural use of property not exempted by M.G.L.A. c. 40A, § 3. No such use shall be located on a lot with less than five acres in area unless it is located in an RA district. In RA districts, the normal lot dimensions shall apply. No such use shall be located within 200 feet of any property line, other than a residential property in an RA district.

Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the existing 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.

Alternative tower structure: Manmade trees, clock facilities, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or wireless telecommunications facilities.

Animal clinic or hospital: 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.

Antenna: Any exterior transmitting or receiving device mounted on a wireless telecommunications facility, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals, excluding any utility pole mounted equipment. This definition includes repeaters and small wireless facilities as defined herein.

Aquifer: Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

Assisted living community: A structure or structures used for the multifamily residence of persons that:

(i)

Provides room and board; and

(ii)

Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living (defined as physical support, aid or assistance with bathing, dressing/grooming, ambulation, eating, toileting, or other similar tasks) for three or more adult residents not related by consanguinity or affinity to their care provider; and

(iii)

Collects payments or third party reimbursement from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same, or as otherwise defined in M.G.L.A. c. 19D, § 1, as amended from time to time.

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

Backhaul network: The lines that connect a provider's wireless telecommunications facility and antenna/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Base flood level: The water surface evaluation of the base flood (100-year flood), that is, the flood level that has a one percent chance of being equaled or exceeded in any given year.

Battery energy storage system/BESS (small-scale): One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle, occupying no more than 200 square feet including its enclosure, primarily intended and used to supply backup electrical power for the residence or business on the same parcel or that is accessory to a residential, commercial, or industrial use.

Battery energy storage system/BESS (large-scale): One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle, occupying more than 200 square feet including its enclosure, primarily intended and used to supply backup electrical power for the business on the same parcel or to store and supply electrical energy to the electric grid.

Bed and breakfast: A residence serving breakfasts and renting not more than three bedrooms unless the residence is listed on the city's historic inventory in which case the owner/occupant may, on approval of the city council, rent not more than eight bedrooms for said purpose, and further provided that no such rental shall exceed 14 consecutive days.

Best management practices (BMP): Either structural devices that temporarily store or treat urban stormwater runoff to reduce flooding, remove pollutants, and provide other amenities, or nonstructural practices that reduce pollutants at their source.

Boarder: An individual, other than a member of the family occupying the dwelling unit, who occupies a rooming unit, for living and sleeping but not for cooking and eating purposes, and paying rent, which may include an allowance for meals, by prearrangement for a week or more at a time to an owner or operator to whom he/she is not related by blood, marriage or adoption.

Boarding house: A dwelling or part thereof or structure in which lodging is provided by the owner or operator to four or more boarders.

Building: An independent structure having a roof supported by columns or walls, resting on its own foundations and designed for the shelter, housing or enclosure of persons, animals, or property of any kind.

Building, accessory: A subordinate building located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.

Building height: Building height shall be measured in accordance with the regulations set forth in the state building code. Not included are spires, cupolas, antennae, or similar parts of structures which do not enclose potentially habitable floor space.

Building, principal: That building or group of buildings in which the main or primary use of the premises occurs.

Bulk fuel storage or distribution facility: Where large quantities of fuel, coal, oil, etc are received and/or stored for delivery to the ultimate customer at remote location.

Canopy: A rooflike cover, including an awing, that projects from the wall of a building over a door, entrance or window; or a freestanding or projecting cover above an outdoor service area, such as at a gasoline service station. In the case of a service station, the canopy shall be considered as an accessory structure.

Catch basin: A stormwater inlet normally four feet in diameter with a two foot minimum sump.

Cellar: That portion of a building which is partly or completely below grade and having at least one-half its height below grade.

Child care facility: A child care facility as defined in M.G.L.A. c. 28A, § 9.

Commercial fertilizers: Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in M.G.L.A. c. 128, § 64.

Commercial recreation, indoors: 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. Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for profit, but excluding arcades for pinball and video games.

Commercial recreation, outdoors: Drive-in theater, golf course/driving range, ski area, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina, archery, pitch and putt, miniature golf or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this ordinance.

Condominium: A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities.

Continuing care retirement community: A structure or structures used for the housing of persons that furnishes to an individual board and lodging together with nursing services, medical services or other health-related services, regardless of whether or not the lodging and services are provided at the same location, pursuant to a contract effective for the life of the individual or for a period in excess of one year or as otherwise defined in M.G.L.A. c. 93, § 76, as amended from time to time.

Convenience store: A store that sells convenience food items and other products, and that is usually open 15 to 16 hours per day.

Cultural services: A library, museum, or similar public or quasi-public use displaying, preserving, and exhibiting objects of community and cultural interest in one or more of the arts or sciences.

De-icing chemicals: Sodium chloride, chemically treated abrasives, or other chemicals used for snow and ice removal.

Design storm: A rainfall event of specified size and return frequency (e.g., a five year design storm is a storm that has the probability of occurring once every five years) that is used to calculate the runoff volume and peak discharge rate.

Detention: The temporary storage of stormwater runoff which is used to control the peak discharge rates and provide gravitational settling of pollutants.

Drainage area: An area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.

Dwelling: A building or portion thereof designed exclusively for residential occupancy, including single-family, two-family or multifamily dwellings (apartments), but not including hotels, motels, boardinghouses, trailers or structures primarily for transient or overnight occupancy.

Dwelling, multifamily: A building designed for or occupied exclusively by four or more families, living independently in dwelling units separated by vertical walls or horizontal floors, having separate sleeping, cooking and sanitary facilities, and with separate or joint services for heat, lighting, and other utilities (includes condominiums, apartments, townhouses, or row houses and tenement houses).

Dwelling unit: One or more rooms providing complete living facilities for one family including equipment for cooking, or provisions for the same, and including room or rooms, for living, sleeping and eating.

Earth removal: The removal, extraction, or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, rock, or other earth for sale or for use at a site removed from the place of extraction exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved definitive plan, and exclusive of granite operations.

Easement: A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

Educational use, nonexempt: Educational facilities not exempted from regulation by M.G.L.A. c. 40A, § 3.

Electric generating plant: A plant in which the prime mover is an internal combustion engine with one or more cylinders in which the process of combustion takes place, converting energy released from the rapid turning of a fuel-air mixture into mechanical energy. The fuel is principally diesel or gas.

Erect: To build, construct, reconstruct, move upon, 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.

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 overhand, 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.

Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Family day care home: An accessory use as defined in M.G.L.A. c. 28A, § 9.

Farm stand, nonexempt: Facility for the sale of produce, wine and dairy products on property not exempted by M.G.L.A. c. 40A, § 3.

Fence: A barrier constructed of materials other than living plant materials erected for the purpose of safety, protection, confinement, enclosure, privacy, or as a landscaping or aesthetic element.

Flea market: A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique and may include selling goods at retail by businesses or individuals who are generally engaged in retail trade. Flea markets are conventional, permanent profit seeking businesses that require all local permits and licenses.

Floor area: The total square feet of floor space within the outside dimensions of a building including each floor level.

Floor area ratio: A mathematical expression determined by dividing total floor area of a building by the area of the lot on which it is located. For example, a one acre lot with a FAR of .75 would contain 32,670 square feet of floor area (43,560 × .75 = 32,670).

Flow attenuation: Prolonging the flow time (lagging) of runoff to reduce the peak discharge.

Funeral home: Facility for the conducting of funerals and related activities such as embalming.

Gross floor area: the sum of the area of the several floors of a building as measured from the outside walls of the building, without deduction for hallways, stairs, closets, thickness of walls, columns or other features. It does not include cellars, unenclosed porches or attics not used for human occupancy, or any floor space in accessory buildings or the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this ordinance.

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 substances or mixture were discharged to land or water. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under M.G.L.A. c. 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.

Hazardous waste: A waste which is hazardous to human health or the environment and has been designated by the Regulations in 310 CMR 30.130 adopted pursuant to the Massachusetts Hazardous Waste Management Act, M.G.L.A. c. 21C.

Home occupation: A business use customarily conducted entirely within a dwelling carried on by the inhabitants thereof, which is clearly incidental to the use of the dwelling as a place of residence. A professional home occupation is a professional office, as defined herein, located and operated as described above.

Hotel: A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building and with or without public dining facilities.

Impervious surface: Material or structure on, above, or below the ground that does not allow precipitation to penetrate directly into the soil.

Independent living retirement community: A structure or structures of dwelling units used for the multifamily residence of persons age 55 or older, with common facilities and services.

Infiltration: The downward movement of water from the surface to subsurface soils.

Infiltration trench: A stormwater management practice filled with aggregate which removes both soluble and particulate pollutants. Trenches are not intended to trap coarse sediments.

Junk: 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 not be used for its original purpose as readily as when new shall be considered junk.

Kennel: Premises used for the harboring and/or care of more than three dogs or other domestic, nonfarm animals (three months old or over). Use shall be so classified regardless of the purpose for which the animals are maintained, whether fees are charged or not, and whether the use is a principal or accessory one.

Landfills and open dumps: A facility or part of a facility for solid waste disposal (excluding transfer facilities) established in accordance with the provisions of 310 CMR 19.006.

Landscaped open space: The area of the lot that is planted with vegetation (i.e. grass or live ground cover, shrubs, trees), or on which existing vegetation will be left undisturbed. Landscaped open space shall not include rocks, stones, pavers, etc.

Live/work space: A place where a resident may, in combination with nonresidents, engage in production, performance, display, sales, service and other activities related to the permissible uses set forth in the arts and industry overlay district, section 8-7 herein.

Loading space, off-street: Space located on the same lot with a main building, or contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filed. Such space shall abut a street, alley, or other appropriate means of ingress or egress.

Lot: A single area of land in one ownership defined by metes and bounds or boundary lines in a recorded deed or on a recorded plan. (Corner lot, through lot, interior lot: See diagram below.) The calculation of minimum lot size shall not include more than five percent of any water area including wetlands as defined in the Wetland Protection Act, M.G.L.A. c. 131, § 40.

Lot area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least 80 percent of the lot area required for zoning compliance shall be contiguous land other than that under any water body, bog, swamp, wet meadow, marsh, or other wetland, as defined in M.G.L.A. c. 131, § 40, as amended.

Lot, corner: A lot with two adjacent sides abutting upon streets or other public spaces.

Lot, depth of: 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.

Lot, frontage: The straight line distance between either the points of intersection of the side lot lines and the street right-of-way line or the points of intersection of the side lot lines and the rear line of the required front yard (see diagram under "yard").

Lot line: A line dividing one lot from another, or from a street or any public place.

Lot, width of: The horizontal distance between side lot lines, measured parallel to the lot frontage at the front yard setback line.

Manufacturing: A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.

Medical clinic: A building used for the diagnosis, evaluation, testing and treatment of human patients with physical and mental ailments by physicians and other medical professionals where overnight care is not allowed except under emergency conditions.

Membership clubs, civic, social, professional or fraternal organizations: Buildings, structures and premises used by a nonprofit social or civic organization, or by a nonprofit 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. Retail sales shall be permitted only for members and guests of the club or organization; and there shall be no external evidence, however incidental, nor any access, except for service to any such space other than from within the building. In the case of such clubs and organizations having outdoor recreational facilities, the provisions governing such uses shall apply.

Mobile home: Any vehicle without motive power designed, constructed, reconstructed or added to by means of accessories in a manner to permit the use and occupancy thereof as a dwelling unit; whether resting on wheels, foundation structures or other support; but constructed so as to permit its occasional movement over a street or highway.

Motel: A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space or facility (includes motor hotels and motor inns).

Motor vehicle: Any vehicle propelled by power other than muscular power, including such vehicles when pulled or towed by another, and which is required to be registered with the Commonwealth of Massachusetts in order to be lawfully operated or which requires a permit or license in order to be lawfully operated upon a public way or watercourse.

Motor vehicle body repair or paint shop: shall mean a painting or body repair facility which is licensed in accordance with section 12-131 of the City of Holyoke Code of Ordinances. An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicles, including fenders, bumpers and similar components of motor vehicle bodies, painting, but not including the storage vehicles for the cannibalization of parts or fuel sales.

Motor vehicle graveyard and junkyard: An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in M.G.L.A. c. 140B, § 1.

Motor vehicle repair garage: An establishment, other than an auto body or paint shop, which is licensed in accordance with section 22-131 of the City of Holyoke Code of Ordinances, and which provides serves such as the installation and repair of automotive accessories such as radios, burglar alarms, and other electronic devices, engine tune-ups, oil changes, and other similar products, providing that all servicing be carried out inside a building.

Motor vehicle service station: A filling station with gasoline pumps, where no major repairs are made. Services may include such uses as engine tune-ups, oil changes and other similar activities, provided that all repairs are carried out inside the building.

Motor vehicle service station with fast food and/or convenience goods: An automotive service station as defined above, including the sale of convenience items or fast food as those terms are defined in this ordinance.

Municipal facilities: Facilities owned or operated by the City of Holyoke.

Nonconforming use: A use that was valid when brought into existence, but by subsequent regulation becomes no longer conforming. This may be a structure, use, or parcel of land.

Nursing home: Any place or institution for the aged, infirm, chronic or convalescent, whether conducted for charity or for profit, which is established to render domiciliary care, custody, treatment and/or lodging of three or more unrelated persons who require or receive assistance in ordinary daily activities of life, or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm, convalescent homes for children, and the like; but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.)

Office, business or professional: 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.

Office, campaign: A business or professional office or office building used by a person or persons seeking nomination or election to public office or by any person, group or committee promoting or opposing any question or questions which will or may appear on a ballot at a local or state election.

Office, professional: The office of one engaged in one of the following professions: physician, dentist, veterinarian, attorney at law, engineer, architect, landscape architect, design studio, accountant, real estate or insurance.

Office, veterinarian: The use for medical ambulatory needs of animals, such as examinations, shots, minor surgery and tests. No boarding of animals may take place in a veterinarian office, except in cases of medical emergency. This use must meet all requirements of office uses.

Office building, medical: A building used for professional offices for medical, surgical, dental, physical rehabilitation, mental health, and other health care providers, related support services, pharmacies, and laboratories, and usual and customary accessory facilities thereto.

Outdoor golf driving range: An outdoor area open to the public for a fee for the practice of driving golf balls.

Outfall: The terminus of a storm drain or other stormwater structure where stormwater is discharged.

Peak discharge: The maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm.

Permeable soils: Soil materials with a sufficiently rapid infiltration rate so as to greatly reduce or eliminate surface and stormwater runoff. These soils are generally classified as Natural Resource Conservation Service hydrologic soil types A and B.

Person: Any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, administrative agency, public or quasi-public corporation or body, the commonwealth or political subdivision thereof.

Planned unit development (PUD): A development, to be planned, built, owned and operated as a unit, having a mixture of housing types and supporting facilities which are regulated on a project basis rather than on an individual use basis.

Premises: A lot together with all structures, buildings, and uses thereon.

Recharge areas: Areas that collect precipitation or surface water and carry it to aquifers.

Refuse transfer station: A handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport offsite to a solid waste treatment, processing or disposal facility.

Repeater: A low power mobile or permanently affixed radio service telecommunications facility that extends coverage of a cell or antenna to areas not covered by the originating cell.

Residential care or rehabilitation center: Any place or institution primarily engaged in providing residential social, residential personal, residential rehabilitative care for a group of five or more unrelated individuals such as children, criminal offenders, and any other group of persons having some limitation on the ability for self-care but where medical care is not a major element. Such a place or institution shall include but not be limited to a group foster home, a halfway group home for persons with social or personal problems, a halfway group home for delinquents and offenders, a group home for destitute men and women, a group home for the retarded where health care is of secondary or lesser importance, a group home for the emotionally disturbed where health care is of secondary or lesser importance, or a juvenile correction group home. The foregoing definition is subject to any and all limitations imposed by M.G.L.A. c. 40A, § 3.

Restaurant: A business establishment where meals or refreshments may be purchased by the public.

Restaurant, drive-in or take-out: Premises and buildings for the sale, dispensing, or serving of food, refreshments, or beverages: for consumption in vehicles temporarily parked on the premises, or at tables, benches, counters and the like the majority of which are out-of-doors; or for consumption off the premises; may also offer drive-in or take-out and food delivery services.

Restaurant, fast food: An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Food is generally served in disposable wrapping or containers.

Restaurant, sit down: A building, or portion thereof, containing tables and/or booths for at least two-thirds 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 adjuncts to the main indoor restaurant facility. The term "restaurant, sit down" shall not include "fast food establishments" but may also offer drive-in or take-out and food delivery services.

Retail sales establishment: A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

Retention: The holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.

Right-of-way: The area on, below, or above a public or private roadway, highway, street, public sidewalk, or alley dedicated for compatible use.

Salvage yard: Property where motor vehicles are junked, dismantled or stored for later dismantling or distribution.

Sanitary wastewater: Any water-carried putrescible waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, showers, dishwashers, or any other source.

Setback: The minimum distance between a street line and the front building line of a principal building or structure, projected to the side lines of the lot. Where a lot abuts more than one street, front yard setbacks shall apply from all streets.

Sign: Any device designed to inform or attract the attention of persons not on the premises on which the device is located. Any building surfaces other than windows which are internally illuminated or decorated with gaseous tube or other lights are considered "signs."

Sign, off-premises: A sign that directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

Sign, political: A sign used to attract the public to any person or persons seeking nomination or election to public office or used to promote or oppose any question or questions which will or may appear on a ballot at a local or state or federal election.

Sign, display area: The total surface area of a sign shall be considered to include all lettering, wording, and accompanying design, symbols, together with the background on which they are displayed, any frame around the sign and any cutouts or extensions, but shall not include any supporting structure or bracing.

1.

In the case of wall-mounted channel letter sign, the display area shall be determined by drawing a box around the extent of the lettering and any other design features.

2.

In the case of computing the area of back-to-back signs, only one side of such signs shall be included.

Site plan: A plan view of the proposed development of a lot or lots of land showing buildings, landscape treatment, and other features required to indicate the arrangement and operation of the proposed development.

Small wireless facility: Facilities that meet each of the following conditions:

A.

The facilities:

(1)

Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.1320(d); or

(2)

Are mounted on structures no more than ten percent taller than other adjacent structures; or

(3)

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than ten percent taller than other adjacent structures, whichever is greater;

B.

Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of antenna in 47 CFR 1,1320(d)], is no more than three cubic feet in volume;

C.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;

D.

The facilities do not require antenna structure registration 47 CFR 17;

E.

The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

F.

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

Soil conditioner: Any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in M.G.L.A. c. 128, § 64.

Special permit use, allowed use, exemption: A use prohibited generally throughout the district, but which may be allowed in specific instances by a special permit issued by the city council. The instances in which such a special permit may be issued are set forth in section 4-3, and the conditions which must be fulfilled before it can issue are enumerated in section 7-2.

Split-zone parcel (lot): A parcel of land that contains more than one classification of zoning district. Also known as a partial zone parcel (lot).

Steam generating plant: A power station in which steam is used to turn the turbines that generate electricity. The heat used to make the steam may come from burning fossil fuel, using a controlled nuclear reaction, concentrating the sun's energy, tapping the earth's natural heat, or capturing industrial waste heat. A water supply is needed for cooling purposes and for the boiler.

Storage or landfilling of sludge and septage: Use of land to store sludge or septage as those terms are defined in 310 CMR 32.00.

Story: That portion of a building between the upper surface of a floor and upper surface of the floor or roof next above. A story shall not include an attic, cellar or mezzanine.

Street: A public way established by or maintained under public authority or shown on an endorsed subdivision plan.

Structure: Anything erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes (includes the term "building").

Substantial improvement: Any repair, reconstruction or improvement to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the repair or improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include any project for improvement to a structure to comply with the state sanitary code specifications which are solely necessary for safe living conditions.

Swale: A natural depression or wide shallow ditch used to temporarily store, route, or filter runoff.

Swimming pool: A private or public facility, located above or below surrounding grade, exceeding a 100 square feet of surface area, confining a filled or flooded body of water deeper than 18 inches, as measured from the lowest point in the pool a vertical distance to the grade level or top of the pool; used for swimming, diving and various water sports.

Tag sales: Informal sales held by occupants of private households or sales sponsored and organized by nonprofit organizations. Tag sales must take place on the premises of the dwelling or organization and are usually held for a few days, one to three times a year.

Telecommunications facility height: When referring to a wireless telecommunications facility, the distance measured from the finished grade of the parcel to the highest point on the wireless telecommunications facility and antenna or other structure, including the base pad and any antenna.

Telecommunication, monitoring of facility: The measurement, by the use of instruments in the field, of the radiation from a site as a whole, or from individual wireless telecommunications facilities, towers, antennas or repeaters.

Telecommunications facilities, pre-existing wireless and pre-existing antennas: Any wireless telecommunications facility or antenna for which a building permit or special permit has been properly issued prior to June 17, 1997, including permitted wireless telecommunications facilities or antennas that have not yet been constructed, so long as such approval is current and not expired.

Temporary storage unit: A portable, weather-resistant storage container constructed of steel or similar metal that is designed and used primarily for temporary storage of building materials prior to their use, goods or other inanimate materials and objects. This term shall not include open/unclosed roll-off waste and debris containers.

Townhouse: A building containing more than two dwelling units separated by common walls, each unit containing two or more stories.

Trailer: A vehicle without motive power designed to be drawn by a motor vehicle, used for hauling or living purposes and standing on wheels or rigid supports. (Does not include "mobile home.")

Transport terminal: Terminal facilities for handling freight with or without maintenance facilities.

TR-20: Technical Release 20, "Computer Program for Project Formulation Hydrology," is a watershed hydrology model developed by the Natural Resource Conservation Service that is used to route a design storm hydrograph through a pond.

TR-55: Technical Release 55, "Urban Hydrology for Small Watersheds", is a hydrologic model developed by the Natural Resource Conservation Service to calculate stormwater runoff and to aid in designing detention basins.

Utility pole: A pole or similar structure that is used in whole or in part for electric distribution, lighting, traffic control, communications, or a similar function.

Warehouse: A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises, including the storage of data and digital information.

Waste: Waste means any discarded material, or any material otherwise generated or produced as a byproduct of any activity which is not intended for further use by the generator or producer.

Waste disposal facility: Such facilities shall unclad, but are not limited to, resource recovery facilities as defined in M.G.L.A. c. 17, § 18, incinerators, and wastewater treatment plants, but specifically exclude landfills and hazardous waste treatment or disposal facilities and refuse transfer stations as defined herein.

Wastewater 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, all as defined and regulated by 314 CMR 5.00.

Water Resource Protection Overlay District I (WRPOD I): The protective radius required around a public water supply well or wellfield, as set forth in 310 CMR 22.02's definition of "Zone I."

Water Resource Protection Overlay District II (WRPOD II): WRPOD II is bounded by the most extensive of the following parameters: (a) that area of the aquifer that contributes water to a public water supply well or wellfield under the most severe pumping and recharge conditions than can realistically be anticipated, as set forth in 310 CMR 22.02's definition of "Zone II;" (b) interim wellhead protection areas, as established in the city and defined by 310 CMR 22.02; and the surrounding high and medium yield aquifers within the city having a transmissivity of 1,350-4,000 ft ² /d (potential well yield 100 to 300 gal/min).

Water Resource Protection Overlay District III (WRPOD III): That area of land beyond the area of WRPD II from which surface water and groundwater drain into Zone II, as that term is defined in 310 CMR 22.02.

Watershed: Lands lying adjacent to watercourses and surface water bodies which create the catchment or drainage areas of such watercourses and bodies.

Wireless telecommunications facility: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes cellular telephone towers, repeaters, alternative tower structures, utility poles and the like. The term includes the structure and any support thereto.

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

Yard, front: A yard extending the full width of the lot and situated between the street line and the nearest point of the building.

Yard, rear: A yard the full width of the lot and situated between the rear line of the lot and the nearest part of the main building projected to the side line of the lot.

Yard, side: A yard situated between the nearest point of the buildings and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

(Ord. of 9-5-06 [66th amd.], § 1; Ord. of 4-15-08 [70th amd.], § 1; Ord. of 9-2-08 [77th amd.], § 1; Ord. of 11-18-08 [82nd amd.], § 1; Ord. of 11-18-08 [85th amd.], § 1; Ord. of 11-18-08 [87th amd.], § 1; Ord. of 1-20-09 [93rd amd.], § 1; Ord. of 11-16-10 [103rd amd.], § 1; Ord. of 4-2-13 [111th amd.], § 1; Ord. of 4-2-13 [113th amd.], § 1; Ord. of 6-4-13 [115th amd.], § 1; Ord. of 5-15-18 [142nd amd.], § 1; Ord. of 11-16-21 [157th amd.], §§ 1—3; Ord. of 4-4-23 [172nd amd.], § 1; Ord. of 12-5-23 [173rd amd.], § 1; Ord. of 9-18-24 [176th amd.], § 1)