Voluntary discontinuance of a nonconforming use of buildings or land for a period of at least two years. Examples of abandonment include, but are not limited to, the following:

A structure on the same lot (or on a lot adjacent to such lot, if in the same ownership) customarily incidental and subordinate to the principal residential structure.

A use of a building, structure or land customarily incidental and subordinate to the principal use of a building, structure, or land located on the same lot with such principal use or building, or on a lot adjacent to such lot, if in the same ownership.

The use of land for farming in all its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, floricultural, horticultural or viticultural commodities, the raising of livestock, the keeping of poultry, swine, cattle, and other domesticated animals used for food purposes, bees, fur-bearing animals and any practices, including forestry or lumbering operations performed by a farmer; including necessary farm structures, vehicles and equipment.

A group of residential structures containing five or six dwelling units, except in the Mixed Commercial District where the Planning Board may authorize additional units per building.

The use of an area of land, including structures thereon, which meets all of the following criteria:

A dwelling used as a home for the residential owner and as temporary guest lodging. The home is to be the primary and legal residence of the owner. No more than six rooms may be used for guest lodging. Breakfast from the kitchen is permitted.

An area of a specified size which shall be bordered by a six-foot-wide strip densely planted with shrubs or trees which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or a wall, barrier or fence of uniform appearance at least five feet high but not more than six feet above finished grade. Such screening shall be maintained in good condition at all times within said buffer zone. No principal or accessory structure, no driveways nor any off-street parking or loading areas or storage or other use shall be permitted within said buffer zone. Utility easements may be provided, if necessary, to ensure continuity with adjoining properties.

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

See "motel or cabin."

A wooded area of not less than 10 acres, including a buffer zone 250 feet wide between the campsite and abutting land, with a maximum of four sites per acre to be used as a density regulation for the total area, equipped with facilities for overnight camping and travel trailers. Facilities shall include rest rooms with lavatories, toilets and showers. An office may be included but a restaurant or other retail establishment may be provided only if permissible elsewhere under this bylaw. Camping on a seasonal basis from April 1 to December 31.

A family child-care home or school-age child-care program, as those terms are defined in G.L. c. 15D, § 1a.

Any place of camp character, as the term is commonly understood, used wholly or in part for recreational purposes and accommodating for profit or under philanthropic or charitable auspices five or more children who are not members of the family or personal guests of the operator. The site may or may not be equipped with tents or temporary or permanent buildings, and may be operated as a day camp or as a resident camp.

The use of an area of land, including structures thereon, which is used or designed to supply motor vehicles with fuels, such as gasoline or diesel fuel, oil and minor accessories, and to sell at retail cold and hot drinks, packaged foods, snacks, other foods, tobacco products, newspapers, magazines and similar convenience goods. No motor vehicle repairs of any kind are to be made on the premises. No seated dining allowed.

One or more rooms, with cooking, living, sanitary and sleeping facilities.

A detached residential building containing two dwelling units.

A residential building containing a maximum of four dwelling units.

A detached residential building designed for use as a dwelling unit, but not including mobile homes, whether placed on a foundation or not.

A permanent accessory to restaurants, cafes, coffee shops, ice cream shops and similar food service establishments comprised of an exterior dining area that is defined by fencing, bollards, railings, or hard/soft landscaping features.

A public marketplace where produce and fresh foods from the area are sold by the people who have grown, gathered, raised or caught them, directly to consumers.

A place that has as its principal business the sale of prepared or quickly prepared foods or drinks in disposable containers or wrappers for consumption either on or off the premises, that may also include a drive-through window where food can be ordered and picked up.

An area of land, including structures thereon, which is used or designed to be used to supply motor vehicles with gasoline, oil, grease, and customary accessories and possibly including facilities for lubrication, washing, polishing and minor repairs.

Total floor horizontal area of the interior of the premises [less all interior common areas, which shall be defined as areas and facilities which are: (i) not leased to a tenant or are leased but used for storage, or (ii) are not leasable for the purpose of the sale of merchandise, such as, but not limited to, patios, interior landscaped and planted areas, ponds and fountains, escalators, stairways, walkways, elevators, vestibules, all general and service corridors, service areas, loading docks, hallways, public rest rooms, community rooms or areas, roofs or roof structures, equipment, mechanic or utility rooms, storage areas, signs and any special services locations provided by a property owner for the common or joint use and benefit of all tenants, their employees, customers and invitees]. No portions of the exterior of the premises shall be included in the calculation of GLA related to parking requirements.

The vertical distance measured from the average pre-construction topography, as defined by current U.S. Geological Survey maps, around the perimeter of the building to the highest point of the roof ridge of the structure.

The use of a room or rooms in a dwelling or accessory building by a self-employed resident occupant, provided there is no external evidence of such business other than permitted signs.

A building used for the diagnosis, treatment or other care of human ailments.

A building which offers lodging to paying guests on a transient basis.

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

A use of land or buildings for the provision of dwelling units that are designed and intended for occupancy principally by people age 55 years and over. Such units may include basic services such as meals, housekeeping, grounds maintenance, security, and common areas and common facilities for events and activities benefiting residents of the development.

Structure and other facilities for the keeping of more than three dogs, more than six months old, for sale, breeding or boarding purposes.

An area or parcel of land, not including any area in any lake or great pond, shown as a separate and distinct lot on a plan or by other means recorded as such in the Berkshire County Registry of Deeds or registered as such in the Berkshire County Land Court, or a combination of such lots sufficient in size, frontage and access from a public way to meet the requirements of this bylaw.

Access to the major portion of a lot must not be less than the minimum frontage. In addition, access to the buildable portion of the lot must be free of natural barriers to travel, such as rivers, swamps, cliffs, ravines, ponds, etc.

Includes all buildings, structures, internal roads, parking areas, driveways, sidewalks, etc. that are impervious to water. Parking areas, driveways, etc. not covered with impervious material are not considered as part of lot coverage.

The width of a lot as measured at the front street line. In the case of a corner lot, the owner shall have the privilege of specifying which street lot line shall be deemed to be the front street line, and shall so specify when obtaining a building permit.

Any lot which occupies the interior angle at the intersection of two streets, the center line of which makes an angle of less than 135° of each other.

Dwelling units may be located above the first story of a structure which is primarily used for a permitted use and secondarily used for residence. The minimum gross floor area for the first dwelling unit shall be 720 square feet; each additional dwelling unit shall be at least 600 square feet.

A vehicle without motor power designed to be drawn by a motor vehicle and to be used for temporary office, living or sleeping purposes.

A building or group of buildings, whether detached or connected units, designed as individual sleeping units, each with separate entrances and toilet facilities, and with off-street parking facilities on the same lot. An office may be included, but a restaurant may be provided only if permitted elsewhere under this bylaw.

The storage and display of motor vehicles intended for sale. A repair garage and/or filling station may be included where such are not the principal business and no external evidence of such use exists except permitted signs.

Any use of land or buildings in accordance with the general laws governing municipal powers and functions, including participation in regional uses.

A lawfully existing use at the time of adoption or amendment of this bylaw, which is not in conformity with the regulations of the district in which it is located.

A private residential institution equipped to care for persons unable to look after themselves, such as the aged or chronically ill.

Land, buildings, improvements, facilities and related appurtenances, to be used for the commercial operation of a ropes course or other challenge-type courses, zip lines, canopy tours, hiking and biking trails (excluding trails for motorcycles, ATVs and UTVs), laser tag and other similar outdoor recreational activities typically associated with aerial adventure parks.

An open area used for the parking of automobiles for a fee.

Structures and other facilities for the keeping of any number of swine.

Land and/or buildings used exclusively by members of an organized group and not open to the public.

The occupation of physician, surgeon, dentist, lawyer, clergyman, realtor or similar occupation.

Any garage, other than a private garage, available to the public, operated for gain, and used for storage and/or repair of motor vehicles.

A residential establishment that provides special care for convalescents and aged or infirm persons.

An establishment serving food and drink to patrons seated in a dining area with service being provided by waitstaff. Take-out orders may be permitted as an incidental and subordinate percentage of the business. A restaurant may not offer drive-through or window service.

Business establishments that are primarily engaged in the selling of goods, wares or merchandise to the general public.

A building or complex of buildings for retail, commercial or industrial, or office, hotel, motel, mixed use, or other service uses with a gross floor area of 5,000 square feet or greater on a common site or sites of two acres or greater which is integrated in terms of utilities and services and/or in respect to the conduct of business activities on the site.

The shortest distance between the front property line and the front of the building or structure.

The shortest distance between the rear property line and the rear of the building or structure.

The shortest distance between the side property line and the side of the building or structure.

A group of not less than 20 commercial establishments (including, without limitation, retail, food, entertainment and various service uses, which may include retail stores, restaurants and theaters) containing a total gross leasable area for all establishments of not less than 500,000 square feet, together with ancillary utility facilities, parking areas and driveways, roads, landscaped areas and buffer areas. A shopping mall may consist of one or more lots and one or more buildings, owned by one or more property owners, provided that these lots and buildings are subject to an operating agreement with the areas used in common (including the central enclosed mall area, the parking garages, parking and circulation areas, and the area between the permissible impervious surface area and the boundaries of the development lot) under integrated management, and provided that the separate lots and buildings are developed with a unified approach to pedestrian ingress and egress, parking, truck loading, vehicular entrances and exits, drainage, utilities, and management of landscaped and buffer areas.

An occupied property that is not a hotel, motel, boardinghouse or bed-and-breakfast establishment, where at least one room or unit is rented out by an operator through the use of advance reservations. A short-term rental includes an apartment, house, cottage, and condominium. It does not include property that is rented out through tenancies at will or month-to-month leases. It also does not include time-share property or bed-and-breakfast homes (see definition of "bed-and-breakfast").

Any word, number, emblem, picture, design, trademark or other device designed to inform or attract the attention of persons not on the premises on which the device is located, whether affixed to the ground, or a building, structure, or vehicle, or other conveyance. Sign area measurements shall be taken on only one face of the sign, but advertising matter may be displayed on both sides of any permitted sign. For the purpose of this bylaw, the following shall not be included in this definition: memorial signs, tablets, historical markers, legal notices, identifications, informational, directional, or warning signs erected or required by government agencies, signs painted on or attached to duly registered motor vehicles; and signs inside of store windows as commonly used in the conduct of retail business.

A plan indicating, but not limited to, the following: the location of all existing and proposed buildings, structures, access roads, driveways, parking areas and other open spaces, and all proposed site improvements, including recreational areas, fences, screening, walks and signs. A site plan or any portion thereof involving engineering, architecture or land surveying shall be prepared by a duly authorized engineer, architect, landscape architect or land surveyor. A site plan may be prepared on one or more sheets to show clearly the information required in the bylaw and to facilitate the review and approval of the plan.

That portion of a building contained between any floor and the ceiling above it. If more than half the portion is below the finished grade, it is not considered a story.

A story under a sloping roof at the top of a building, the floor of which is not more than two feet below the wall plate.

A public way, or a private way open to travel by the general public, or a way shown on a plan of a subdivision approved by the Planning Board.

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

Anything constructed or erected at a fixed location on the ground, above the ground or under the ground, to give support, provide shelter or satisfy other purposes, including, but not limited to, permanent property line fences, swimming pools, tennis courts.

All substances defined as toxic or hazardous under Massachusetts General Laws (G.L.) Chapters 21C and 21E and 310 CMR 30.00. This includes any substance or mixture of physical, chemical or infectious characteristics posing a significant, actual or potential hazard to human health, if such substance or mixture were discharged to land or water. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids or alkalis, and also include such products as solvents and thinners in quantities greater than normal household use.

A mechanical occupation such as plumber, electrician, machinist, carpenter, welder or similar occupation.

See "mobile home and/or trailer."

A facility used for the diagnosis, treatment, boarding for medical purposes or other medical care of small domesticated animals and/or farm animals and rehabilitation of wildlife in accordance with 321 CMR 2.13.

The areas of the lot between the principal structure and the lot lines.

The area of the lot between the front of the principal structure and the front lot line.

The area of the lot between the rear of the principal structure and the rear lot line.

The area of the lot between the side of the principal structure and the side lot line between the front and rear yards.

The Building Inspector of the Town of Lanesborough is the person responsible for the enforcement of this Zoning Bylaw.