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Lakeville City Zoning Code

ARTICLE II

Definitions

§ 270-2.1 Terms defined.

[Amended 5-10-1982; 6-17-1996, AG approved 9-10-1996; 6-17-1996, AG approved 9-16-1996; 3-3-1999, AG approved 3-8-1999; 6-11-2001, AG approved 9-19-2001; 6-17-2002, AG approved 9-16-2002; 6-14-2004, AG approved 9-16-2004; 6-11-2007, AG approved 9-12-2007; 6-15-2009, AG approved 8-18-2009; 6-13-2011, AG approved 9-14-2011; 6-9-2014, AG approved 7-1-2014; 6-19-2017 ATM, AG approved 9-19-2017; 4-30-2018 STM, AG approved 6-8-2018; 6-4-2018, AG approved 7-2-2018; 6-3-2019, AG approved 9-13-2019; 5-16-2022 ATM by Art. 8, AG approved 10-19-2022; 11-12-2024 STM by Art. 16, AG approved 6-2-2025; 11-12-2024 STM by Art. 17, AG approved 3-3-2025; 11-12-2024 STM by Art. 18, AG approved 6-2-2025; 6-9-2025 ATM by Art. 13, AG approved 9-3-2025]
In this bylaw, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings: Words used in the present tense include the future, and the plural numbers and words include the singular; the word "lot" includes the word "plot"; the word "may" is intended to be permissive; the word "shall" is mandatory and directive; "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 corporation or partnership as well as an individual.
ACCESSORY APARTMENT
An independent living unit containing a kitchen, bathroom, living area and independent means of egress, built into or attached to an existing single-family dwelling (referred to herein as the "principal dwelling") and subordinate in size to the principal dwelling.
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure and/or use customarily incidental or subordinate to and located on the same lot with the principal building, structure or use.
ACCESSORY DWELLING UNIT (ADU)
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that:
A. 
Maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress;
B. 
Is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and
C. 
Is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on short-term rental, as defined in Session Laws, Acts of 2024, Chapter 150, Section 1 of Chapter 64G; provided, however, that no municipality shall unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term rental; and
D. 
Is subject to the 760 CMR 71.00, Protected Use ADUs.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, videos, visual materials and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended.
ADULT MOTION-PICTURE 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 MGL c. 272, § 31, as amended.
ADULT USE MARIJUANA ESTABLISHMENT
A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, as such uses are or may be defined in 935 CMR 500.02. For purposes of this bylaw, adult use marijuana establishment shall not include a marijuana retailer or a registered marijuana dispensary.
ADULT USE MARIJUANA RETAILER
An entity licensed to purchase and transport cannabis or marijuana product from an adult use marijuana establishment and to sell or otherwise transfer this product to adult use marijuana establishments and to consumers.
ALTERATIONS
Any construction, reconstruction or other action resulting in a change in the structural parts or height, number of stories or exits, size, use or location of a building or other structure.
AUTO OR BOAT SALES, RENTAL OR SERVICE
An establishment involving auto or boat sales, rentals or service, including, but not limited to, a body or paint shop, auto or boat dealership, and repair/service garage.
AWNINGS
An awning with lettering or logo advertising the name of the business shall constitute a sign. All such awnings over doorways and windows shall only count as one sign.
BUILDING
An enclosed structure, either a principal building or shed, garage, stable, or other accessory building.
BUILDING HEIGHT
The vertical distance measured from the average ground level adjacent to the building to the highest point of the building. Maximum building height shall not apply in any district to chimneys, ventilators, spires or other ornamental features of buildings, which features are in no way used for living purposes.
BUILDING STORY
That part of the building above the basement or cellar and between the top of any tier of floor beams and the top of the tier of floor or roof beams next above.
BUILDING, HALF-STORY
A story in a sloping roof the area of which at a height of four feet above the floor does not exceed two-thirds of the floor area of the story immediately below it.
CHANGEABLE COPY SIGNS
Signs with letters which can be manually or mechanically moved in order to change the message or wording of the sign.
COMMON DIRECTORY SIGN
Where more than one business or use is located in a building, only one freestanding sign may be erected, which shall serve all of the businesses or uses at that location.
DIRECTIONAL SIGNS
Shall be solely for pedestrian or vehicular traffic. Directional signs shall indicate parking entrances, exits, drive-throughs, etc. They shall not include any other information, advertising, or logos.
DRIVE-THROUGH FACILITY
A commercial establishment which provides a service directly to the occupants of a motor vehicle or where the customer drives a motor vehicle onto the premise and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle.
DWELLING
A building designed or used exclusively as the living quarters for one or more families.
DWELLING UNIT
Living quarter for a single family with living, sanitary and sleeping facilities independent of any other unit.
DWELLING, SINGLE-FAMILY
A building occupied by a single family and having no party wall or walls in common with an adjacent structure.
ELECTRONIC MESSAGE BOARDS
Electronically controlled signs that display lighted messages that change at intermittent intervals. Images which refresh must be displayed for at least 20 seconds and may refresh or change, no more than three times in one minute.
ELECTRONIC OUTDOOR ADVERTISING
A use whereby an outdoor sign or billboard, whether double-faced, back-to-back, or V-shaped, with a screen(s) that serves to advertise, direct or call attention to any business, article, substance, or service, or anything that is digitally or electronically projected, on or by a structure of any kind on real property or upon the ground itself, and that advertises services, products or commodities that are not available on said real property or parcel.
FACILITY
A site or works for the storage, treatment, dewatering, refining, incinerating, reclamation, stabilization, solidification, disposal or other process where hazardous wastes can be stored, treated or disposed of; however, not including a municipal or industrial wastewater treatment facility if permitted otherwise under this bylaw.
FAMILY
One or more individuals living together as a single housekeeping unit.
FARM
Any tract of land used for the production of crops or the rearing of livestock or poultry.
FILLING STATION
An establishment involving on-site distribution of fuel to be sold retail and primarily used to power vehicles for transportation purposes.
FOREBAY
A stormwater sediment trap or settling basin.
FREESTANDING SIGN
Any sign supported by a structure permanently anchored to the ground which is independent from any building.
FRONTAGE
That portion of a lot which is bounded by the street line or way, the sidelines and the minimum building setback line. The minimum required frontage must be contiguous and suitable for development of an access route or driveway to the building site.
HALL
A room or a building appropriate to the meetings of a fraternal, literary or other incorporated society.
HAZARDOUS WASTE
A waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in, mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used or disposed of or otherwise managed; however, not to include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act of 1967, as amended,[1] or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954.[2]
HOME OCCUPATION
"Home occupation" is the use of a room or rooms in a dwelling and/or accessory building on the premises for a business activity carried on by the person or persons who live in that dwelling. A "home occupation" is a profession, trade, craft, activity, or other legal use conducted for financial gain. Such use must be clearly incidental and subordinate to the primary residential use of the premises.
INTERNALLY ILLUMINATED SIGN
A sign which is illuminated by means of a light source completely enclosed by the sign's panels.
JUNK
Old (used) metal, glass, paper, plastic, wood, cloth, including trash, rubbish and useless materials.
LOT
An area of land in one ownership with definite boundaries recorded in the Registry of Deeds or in the Land Court.
LOT COVERAGE
That percentage of the lot area covered by the horizontal projection of the largest single floor area of the principal structure, plus all accessory structures, parking and loading areas and access roads.
MOBILE HOME
Same as "house trailer," meaning a dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities, designed and intended to be moved as a unit to a fixed location and installed on a permanent or a temporary foundation or support for use as stationary living quarters. This definition shall not include a travel or camping trailer which is a vehicle designed to travel on highways on rubber-tired wheels and used as living quarters for a period not to exceed several weeks at any one location.
PLACE FOR MANUFACTURING, ASSEMBLING, OR PACKAGING OF GOODS
Those used primarily for heavy or light industry or the manufacture or assembly of a product, including processing, blending, fabrication, assembly, treatment and packaging.
PORTABLE SIGNS
A sign or advertising display that is not permanent, affixed to a building, structure or the ground.
PROJECTIONS
"Projections" shall mean cornices, eaves, gutters, outside chimneys, steps, bay windows and terraces.
PUBLIC EVENTS
An entertainment event open to the general public such as outdoor concerts, winter carnivals, parades, etc.
REGISTERED MARIJUANA DISPENSARY (RMD)
A medical marijuana treatment center as defined in 935 CMR 501.002 and regulated in 935 CMR 501.001 et seq.
RENEWABLE AND ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT FACILITIES
Those facilities used primarily for research, development and/or testing of innovative information, concepts, methods, processes, materials or products. This can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. The accessory development, fabrication, and light manufacturing of prototypes, or specialized machinery and devices integral to research or testing may be associated with these uses.
SEASONAL/SUMMER RESIDENCE
A dwelling with a substandard septic design not meeting minimum Title V requirements for a year-round residence.
SETBACK
The distance between the lot boundary line and the building or structure line, measured for the front, rear and side yards.
SIGN
Any words, lettering, parts of a letter, figures, numeral phrases, sentences, emblems, devices, trade names or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business or a commodity or product, which are located outdoors or otherwise visible to persons not on the premises.
SIGN AREA
For a sign, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed. Frames and structural members not designed as advertising or attention-getting devices shall not be included in computation of sign area. For a sign consisting of individual letters, designs or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs or symbols.
STORAGE BOXES, TRAILERS
Any trailer completely enclosed or covered in any way; shipping containers, also referred to as "cargo boxes"; and trailers which are or were part of a tractor trailer unit. This definition shall not include a travel or camping trailer which is a vehicle designed to travel on highways on rubber-tired wheels and used for recreational purposes.
STREET
An accepted Town way, or a way established by or maintained under county, state or federal authority, or a way established by a subdivision plan approved in accordance with the Subdivision Control Law,[3] or a way determined by the Planning Board to have sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land.
STREET LINE
The dividing line between the street right-of-way and abutting property.
STRUCTURE
Any combination of materials attached to or requiring a fixed location on or in the ground. For the purposes of location on a lot, the following shall not be deemed to be structures prohibited within a setback required in the Zoning Bylaw: boundary walls and fences under seven feet in height, utility poles, support posts not over four feet in height for mailboxes and name signs and parking lots.
TATTOO OR BODY ART ESTABLISHMENT
Commonly referred to as "tattoo parlors," where puncturing of the skin with needles and various colored compounds create a design.
TOWERS
Any tower, including but not limited to telephone, radio, television, electronic, wind-generation and smokestacks, shall be limited to 35 feet above mean ground level on the lot in question in all districts except Industrial, where 45 feet shall be allowed.
WALL SIGN
A sign attached parallel to or painted on the wall of a building.
WINDOW SIGN
A permanent or temporary sign applied to, attached to, or inside a window or door which is visible from the exterior.
WIRELESS COMMUNICATIONS FACILITY
See Article IX, entitled "Wireless Communications Facility."
[1]
Editor's Note: See 33 U.S.C. § 1342.
[2]
Editor's Note: See 42 U.S.C. § 2011 et seq.
[3]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.