The words defined in this section shall be capitalized through the bylaw. Where a defined word has not been capitalized, it is intended that the meaning of the word be the same as the meaning ascribed to it in this section unless another meaning is clearly intended by its context. In this bylaw the word "lot" includes "plot"; the word "building" includes "structure"; the word "occupied" includes "designed, arranged, or intended to be occupied"; and the word "uses" includes "designed, arranged or intended to be used."

Abandoned sign means any temporary sign which applies to an event more than seven days prior; any permanent sign for which the owner cannot be found, or which no longer has application to the property on which it is located.

Abutting lot means any lot or position of a lot that adjoins the lot in question or is located across a road or street.

Accessory apartment means a separate dwelling unit located in a building originally constructed as a single family residence, provided that such separate dwelling unit has been established pursuant to the provisions of 6.6.3 of this ordinance.

Accessory livestock agriculture means the keeping of farm animals on land used other than for farming for the use of the occupants only.

Accessory sign means a sign which does not identify a business, service, product or activity; i.e. open, closed, vacancy, hours of operation etc.

Accessory structure means a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

Adult bookstore means an establishment having no greater than 20 percent of its stock in trade: books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in section 31, chapter 272, Massachusetts General Laws.

Adult care facilities means any of the various types of development designed to provide some form of assisted living to elderly adults, the disabled, or chronically ill. This includes adult day care facilities, assisted living residences, congregate living facilities, continuing care retirement communities, custodial care facilities, elderly housing, group care facilities, hospices, independent living facilities, long-term care facilities, nursing homes, convalescent homes and similar developments, as well as medical offices and other ancillary facilities appropriate to the principal use. These terms may be used interchangeably for the purpose of this bylaw.

Adult entertainment business means an establishment or business presenting performances involving nudity as defined by Massachusetts General Laws chapter 272, section 31.

Adult motion picture theater means 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 section 31, chapter 272, Massachusetts General Laws.

Adult paraphernalia store means an establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in section 31, chapter 272, Massachusetts General Laws.

Adult video store means an establishment having a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in section 31, chapter 272, Massachusetts General Laws.

Adverse impact means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses 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.

A-frame sign. See "sandwich sign (prohibited)" and "V-shaped sign."

Agriculture means agriculture, floriculture, and horticulture, excluding the keeping of farm animals.

Agriculture, livestock means the keeping of farm animals, including horses and ponies, for commercial use.

Agriculture, moderate density overlay district means a zoning district that allows a greater range of uses than is allowed within the agriculture district. The overlay district is defined as all areas within the underlying agriculture district that are measured from the mean center line of the street to a point 1,000 feet from the sewer line that was in existence on July 1, 1991.

Aircraft flight overlay district means the district which is in the Ludlow Aircraft Flight Overlay Map dated January 15, 1992.

Alterations of drainage characteristics is any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete discharge, change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area.

Animated sign means any sign which uses actual movement or the illusion of movement. Prohibited.

Apartment means a dwelling unit in a multi-family dwelling or in a mixed-use building.

Appurtenant structures means adjacent or accessory structures.

Area of sign means the area of a sign shall be calculated as the smallest rectangular area which completely encompasses all components of the sign, exclusive of its support(s); or the smallest circular area, whichever is greater. Area of sign having no significant third dimension and displaying information on two sides shall be considered as the area of a single side. Area of signs having a significant third dimension, as judged by the building commissioner, and displaying information on two or more sides shall be calculated on a case-by-case basis.

As-of-right siting shall mean that development may proceed without the need for a special permit. As-of-right development shall be subject to site plan approval by the site plan review authority to determine conformance with the zoning bylaw.

Assisted living facility means an entity which provides room and board and where the operator provides a minimum of two meals a day and assistance with activities of daily living for three or more elderly or disabled residents, as defined and licensed, or as may be defined and licensed in the future by the Massachusetts General Laws.

Authorized enforcement agency is the board of public works its employees or agents designated to enforce this bylaw.

Auto body shop means a structure where motor vehicle bodies and frames are repaired.

Auto repair garage means a structure, or part thereof, where repairs, other than to body and frame, are made.

Auto sales lot means a structure and surrounding lot where motor vehicles are on display for sale and serviced.

Auto service station means a building, or part thereof, whose chief activity is the selling of gasoline, oil, and related products for motor vehicles or the provision of lubricating service or general auto repair.

Automated teller machince (ATM) an automated device that performs banking or financial functions.

Automated vending kiosk means a machine which dispenses retail and consumer products after the consumer inserts currency or credit into the machine. This does not include machines that are solely for the purpose of food and beverage.

Awning sign means a signed attached to or printed upon the tile or fabric material supported by framing and which is attached to a building.

Banner means a flexible piece of cloth, plastic, or similar material, used for advertising attached at one or more points to a pole, staff, or other support.

Beauty salon booth rental means occupancy of a booth in a beauty salon. A booth rental is also applicable to the following professions; hairstylist, barber, massage therapist, nail technician, colorist, acupuncturist, and any other profession associated with the cosmetology field.

Best management practices (BMP) are structural or biological devices that temporarily store or treat stormwater runoff to reduce flooding, remove pollutants, and provide other amenities. They can also be nonstructural practices that reduce pollutants at their source. BMPs are described in a stormwater design manual, Stormwater Management, Volume Two: Stormwater Technical Handbook (March, 1997, Mass. Department of Environmental Protection, as updated or amended) and MA DEP's Erosion Control and Sediment Guidelines for Urban and Suburban Areas (March 1997, as updated or amended).

Board, the means the Town of Ludlow Board of Public Works.

Boarder means the same as "lodger".

Boarding house means the renting of rooms or the furnishing of table board for more than four persons in a dwelling either occupied as a private residence or used exclusively as a boarding house.

Brewery means a large scale facility, licensed under the relevant state and federal statutes, with a capacity of producing more than 15,000 barrels, (a barrel being equivalent to 31 gallons per year), where malt, wine, or hard cider beverages are produced and packaged for retail or wholesale distribution, which may include a tap room, where beverages produced on the premises may be sold and consumed.

Brew pub means a restaurant, licensed under the relevant state and federal statutes, to produce and sell beer and/or ale at the location and whose primary business is the sale and preparation of food to be consumed on the premises.

Buffer area means land used to visibly separate a lot zoned business, agriculture moderate density overlay, or industrial from a residential lot.

Buffer strip means land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.

Building coverage means the percentage which the ground floor of all buildings on the lot bears to the area of the lot. Structures below the finished lot grade shall not be included in building coverage.

Building line means the line of the 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.

Building-mounted photovoltaic system means a photovoltaic installation that is structurally mounted on a building's footprint.

Building permit means a construction permit issued by an authorized building commissioner; the building permit evidences that the project is consistent with state and federal building codes as well as the zoning bylaw.

Change of use means any use which substantially differs from the previous use of a building or land.

Changeable-copy sign means a sign that is designed so that characters, letters, plaques, or illustrations can be changed or rearranged without changing the design of the sign.

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

Clearing is any activity that removes the vegetative surface cover.

Clear zone means a zone with high accident potential that extends outward 3,000 feet from the end of the runway of an Air Force base. This zone was established by the United States Air Force using historical crash patterns.

Community center means a facility operated by a religious, nonprofit or municipal organization primarily to provide public facilities for meetings, classes, teen centers, and similar uses. A community center may include artists' space and offices for nonprofit organizations if such uses are clearly secondary to the primary use of the building and do no include any residential or overnight components.

Condominium means a building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. May be either residential, business or industrial.

Construction activity means is disturbance of the ground by removal of vegetative surface cover or topsoil, grading, excavation, clearing or filling.

Construction sign means a temporary sign identifying an architect, builder, contractor, subcontractor, material supplier, or other participant in the construction, alteration, or maintenance currently being done on the property on which the sign is located.

Contact information means any and all information necessary to make contact under both normal and emergency conditions. This information shall include, but may not be limited to: names, addresses, telephone and fax numbers, as well as e-mail addresses. This information shall be kept up-to-date.

Design storm is a rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate to a BMP.

Detention is the temporary storage of storm runoff in a BMP, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.

Development is the modification of land to accommodate a new use or expansion of use, usually involving construction.

Direct/external lighting means illumination by means of a light source that is external to the sign being lit.

Directional, informational, or safety sign means an on-premises sign which identifies the premises, the activity, or the business conducted upon such premises or which provides directions for the safe and efficient flow of traffic. Such signs include those marking entrances, exits, parking areas, loading areas, or other operational features of the premises.

Discharge of pollutants means the addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the United States or Commonwealth from any source.

Distillery means a facility, licensed under the relevant state and federal statutes, where distilled spirits are produced, manufactured or distilled.

Disturbance of land is any land clearing, grading, bulldozing, digging or similar activities.

Door sign or window sign means any sign or poster placed inside a window or door and legible from a public way (with characters that exceed two and one half inches in height.

Double-faced sign means a sign lettered on both sides.

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

Drive-through service means a feature or structure that allows commerce, service, or other similar activity while a customer or client is able to remain in his/her vehicle. This does not include uses limited to full service gas stations.

Drywell is similar to an infiltration trench but smaller with inflow from a pipe; commonly covered with soil and used for drainage areas of less than one acre such as roadside inlets and rooftops runoff.

Dwelling means a house or building, or portion thereof, which is occupied by one or more families that are sleeping and doing their cooking on the premises.

Dwelling, multi-family means a dwelling on one lot containing separate dwelling units for three or more families, having separate or joint entrances, services, or facilities. The term multiple dwelling includes row dwellings.

Dwelling, two-family means a detached building containing two dwelling units.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Earth removal means the removal of earth products from a lot, including but not limited to sand, gravel, soil, loam, and mineral products. The removal of earth products which is incidental to and in connection with:

(1)

The necessary excavation and grading of a site for a building, or structure and its appurtenant driveways or parking facilities for which a permit has been granted by either the building commissioner, the board of selectmen, the planning board, or the board of appeals; or

(2)

The construction of a street approved under the subdivision control law, shall not be considered as earth removal for the purposes of this bylaw.

Easement means 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.

Family means any number of individuals related by blood, marriage, or adoption, living and cooking together as a single housekeeping unit, provided that a group of not more than four persons living and cooking together, but not necessarily related by blood or marriage each to the other, may be considered a family. This section, however, does not apply to non-related disabled persons as defined by any applicable federal and/or state law and/or regulations.

Farm business means business established for the processing of farm products, 50 percent by volume of which must have been raised or produced on the premises, or elsewhere in the town.

Farm stand means a booth or stall established for the display or sale of farm products to the general public. During the months of June, July and August, 50 percent by volume of which must have been raised or produced on the premises or elsewhere in the commonwealth.

Flag. See "banner."

Flashing sign means a sign which is illuminated by an intermittent or sequenced light source.

Flea markets means an occasional or periodic sales activity held within 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 the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. Not to include private garage sales.

Floodplain means a flood prone area where land is susceptible to being inundated by a water source.

Flow attenuation means prolonging the flow time of runoff to reduce the peak discharge.

Forests and woodlots means forestry and the harvesting of forest products.

Free-standing sign means a supported sign not attached to any building.

Front yard means a space across the full width of the lot and extending from the front line of the building located on such lot to the front line of such lot (see diagram 1).

Frontage means that portion of a lot fronting upon a street to be measured continuously along one street line between its side lines and their intersection parallel with the street line. The required frontage shall extend from the street line to the required setback line. Frontage shall provide both rights of access and potential vehicular access across that lot line to a potential building site (see diagram 1).

Funeral home means a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Garage, private means a structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof.

Garage, public means a building or portion thereof, other than a private garage, available to the public for the storage of motor vehicles; may be operated for profit.

Government sign means any sign erected and maintained by government.

Groundwater means all water beneath the surface of the ground.

Height of a sign means the vertical distance measured from the highest point of a sign to the mean ground grade beneath the sign.

Home occupation means an occupation customarily associated with a home, carried on within a dwelling or in a permitted accessory building exclusively, and carried on by a resident of the premises (employing not more than two persons not residents on the premises.) Provided that such is secondary to the use of the dwelling for residential purposes and does not change the residential character thereof, but excluding the sale of food or beverages for consumption on the premises.

Home professional office means the use of a portion of a dwelling for the operation of an office of a physician, dentist, ophthalmologist, lawyer, or other similar professional. Said office must be located within the private residence of the professional.

Horses and/or ponies means the keeping of horses and/or ponies and a private stable, for personal use.

House addition means external construction to an existing house which increases the number of dwelling units. In no case shall an addition be approved if it will result in more units per structure or per lot than are allowed in that zoning district.

House conversion means internal changes to a house which increase the number of dwelling units. In no case shall an addition be approved if it will result in more units per structure or per lot than are allowed in that zoning district.

Hydrology model may include one of the following:

•

TR-20, a watershed hydrology model developed by the Natural Resources Conservation Service that is used to route a design storm hydrograph through a pond;

•

TR-55, or Technical Release 55, Urban Hydrology for Small Watersheds is a publication developed by the Natural Resources Conservation Service to calculate stormwater runoff and an aid in designing detention basins;

•

Hydro cad.

Illicit connection means a surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drain system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this bylaw.

Illicit discharge means direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in section D. The term does not include a discharge in compliance with an NPDES storm water discharge permit or a surface water discharge permit, or resulting from fire fighting activities exempted pursuant to section D of this bylaw.

Impervious surface means materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.

Infiltration means is the downward movement of water from the surface to the permeable subsoil.

Infiltration trench is a subsurface stormwater management facility constructed to introduce stormwater to subsoil and trap/remove both suspended solids and particulate pollutants. Trenches are not intended to trap coarse sediments.

Internal lighting (indirect lighting) means illumination by means of light sources, where all such sources are shielded from view.

Kennell means an accessory building or enclosure in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold.

Ladder sign means a sign with two or more crosspieces serving as individual signs.

Large-scale, ground-mounted, photovoltaic system means a photovoltaic installation that is structurally mounted on the ground and has a rated nameplate capacity greater than 60 kilowatts, measured in direct current (DC).

Living area shall mean the sum of the area of habitable rooms. Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.

Lodger means a person who occupies space for living and sleeping purposes without separate cooking facilities, paying rent, which may include an allowance for meals, and who is not a member of the housekeeping unit.

Lot means a parcel of land.

Lot, building means a parcel of land in one ownership meeting the dimensional requirements of this bylaw for the district in which such land is situated, and if occupied by a building or buildings, meeting the minimum yard requirements of that district, and defined on a plan or deed recorded in the registry of deeds.

Lot, corner means a lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines, or extended lot lines in case of a curved street being not more than 135 degrees. For purposes of this bylaw, the yard adjacent to each street shall be considered a front yard. At least one front lot line shall conform to the minimum lot frontage requirement.

Lot, nonconforming means a lot lawfully existing at the effective date of this bylaw, or any subsequent amendment thereto, which is not in accordance with all provisions of this bylaw.

Lot area means the total horizontal area of a lot lying within the lot lines.

Lot line means a division line between adjoining properties or a division line between individual lots established by a plan filed in the registry of deeds or land court.

Lot width means the straight line distance between lot sidelines measured parallel to and the front yard setback distance (depending on the zoning) from a straight line connecting the intersections of the road line with the lot sidelines. If the line connecting the intersections of the road line with the lot sidelines crosses the road line at any point, the lot width line shall be measured by the front setback distance (depending on the zoning) from the point within the lot on the road line which is farthest from the line connecting the intersections of the road line and lot sidelines (see diagrams 4 and 5).

Manufacturing means heavy or light industry, assembly of a product including processing, fabrication, assembly, treatment, packaging, and allowed accessory uses.

Marquee sign means a roof-like structure, canopy, or mobile unit bearing a signboard with or without a scrolling message and with or without internal lighting.

Massachusetts Stormwater Management Policy is the policy issued by the department of environmental protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. chapter 131, section 40, and Massachusetts Clean Waters Act G.L. chapter 21, section 23-56. The policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.

Medical center means a building or group of buildings used for the offices and facilities accessory to the practice of licensed medical practitioners, (including physicians, dentists, optometrists, ophthalmologists, and persons engaged in all fields related generally to medicine, but not including veterinarians) and may include such common facilities as an outpatient clinic or emergency treatment rooms, but not including inpatient facilities.

Medical marijuana treatment center/dispensary shall mean a not-for-profit entity, as defined by Massachusetts law only, registered by the department of public health as a registered marijuana dispensary, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.

Membership club means a private building or grounds, which specifically includes country clubs and fraternities, as well as other organizations to which membership is limited or controlled.

Meteorological towers means towers installed to measure the wind speed and direction at a site.

Micro-brewery means a facility, licensed under the relevant state and federal statutes, with a capacity of not more than 15,000 barrels, (a barrel being equivalent to 31 gallons a year), for production and packaging of malt, wine, or hard cider beverages for retail or wholesale distribution, on or off the premise, and which may include a tap room where beverages produced on the premises may be sold and consumed. May include other uses such as a restaurant and/or outdoor dining, if otherwise permitted in the zoning district.

Micro-cidery means a facility, licensed under the relevant state and federal statutes, with a capacity of not more than 15,000 barrels, (a barrel being equivalent to 31 gallons a year), for the production and packaging of hard cider beverages for retail and wholesale distribution, on or off premise, and may include a tap room where beverages produced on the premises may be sold and consumed. May include other uses such as a restaurant and/or outdoor dining, if otherwise permitted in the zoning district.

Micro-winery means a facility, licensed under the relevant state and federal statutes, with a capacity of not more than 15,000 barrels, (a barrel being equivalent to 31 gallons a year), for the production and packaging of wine beverages for retail and wholesale distribution, on or off premise, and may include a tap room where beverages produced on the premises may be sold and consumed. May include other uses such as a restaurant and/or outdoor dining, if otherwise permitted in the zoning district.

Mixed use development means any combination of residential and/or commercial uses on the same lot.

Mobile home means a structure transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with permanent foundation, when connected to the required facilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

Mobile home park means any premises used or permitted to be used for parking of more than one occupied mobile home.

Motels means any building or group of buildings which provide sleeping accommodations for transient motorists and which is not licensed as an inn. Furthermore, each motel shall have at least one non-resident staff person on duty at all times and shall not rent any room to any guests for more than 14 consecutive nights in any 30-day period.

Municipal facilities means municipally-owned facilities utilized in the provision of services normally provided by municipalities, such as schools, parks, playgrounds, municipal office building and the like.

Municipal separate storm sewer system (MS4) or municipal storm drain system means the system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the town.

Nano-brewery means a facility, licensed under the relevant state and federal statutes, with a capacity of not more than 6,000 barrels, (a barrel being equivalent to 31 gallons per year), for the small scale production of malt, wine, or hard cider beverages primarily for on premises consumption and sale with limited retail or wholesale distribution. May include other uses such as a restaurant and/or outdoor dining, if otherwise permitted in the zoning district.

Nano-cidery means a facility, licensed under the relevant state and federal statutes, with a capacity of not more than 6,000 barrels, (a barrel being equivalent to 31 gallons per year), for small scale production of hard cider beverages primarily for on premises consumption and sales with limited retail and wholesale distribution. May include other uses such as a restaurant and/or outdoor dining, if otherwise permitted in the zoning district.

Nano-winery means a facility, licensed under the relevant state and federal statutes, with a capacity of not more than 6,000 barrels, (a barrel being equivalent to 31 gallons per year), for the small scale production of wine beverages primarily for on premises consumption and sales with limited retail and wholesale distribution. May include other uses such as a restaurant and/or outdoor dining, if otherwise permitted in the zoning district.

National Pollutant Discharge Elimination System (NPDES) storm water permit discharge permit is a permit issued by United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.

Nonconforming sign means a sign which was previously erected legally but which does not comply with subsequently enacted regulations.

Non-stormwater discharge means discharge to the municipal storm drain system not composed entirely of stormwater.

Nursing home, also known as extended care home, rest home, or convalescent home, is any state licensed facility for two or more patients that provides beds and domiciliary and/or nursing care for chronic or convalescent patients and which is properly licensed by the state, but not including assisted living residences.

Office means a place for the transaction of a professional service or business, not including the sale of articles at retail.

Office trailer means a trailer of various lengths, which will accommodate office furniture, heating, electricity, possible room separations, and optional toilet/sink room. The office trailer will not include facilities for cooking and sleeping.

Off street parking means a parking space(s) plus adequate access driveways and aisles within a structure, or in an open area which is not part of a dedicated street right-of-way, for the parking of a motor vehicle on any land owned, rented, or leased for such purposes.

Off-premises sign means a sign identifying a business or residential use, facility, or service which is not located on the premises where such activity is located.

On-premises sign means a sign identifying a business or residential use, facility, or service which is located on the premises where such activity is located.

On-street parking means a parking space within a dedicated street right-of-way and along the frontage of a site for the purpose of parking a motor vehicle. No part of such space may be within areas where parking is not allowed (curb cuts, posted no parking areas, etc.).

Open space means the space on a lot unoccupied by buildings or structures, unobstructed to the sky by man-made objects other than walks, swimming pools, and terraced areas not devoted to streets, driveways, off-street parking or loading spaces and expressed as a percentage of total lot area.

Operation and maintenance plan is a plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.

Outdoor commercial recreation use means a principal (but not accessory) use operated with the principal purpose being the provision of outdoor recreational facilities, whether these be provided to the public at large or to the members of any particular organization, and including but not limited to any of the following uses: country, fishing, golf, tennis, or swimming club, or golf driving range, sports camp, campground, marina, or horseback riding establishment.

Outfall is the terminus of a storm drain or other stormwater structure where the contents are released.

Outstanding resource waters (ORWs) means waters designated by the state department of environmental protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater management Standards. ORWs include vernal pools certified by the natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.

Parking garage means a building used for the storage of motor vehicles for compensation.

Parking space. An off-street parking space shall be as set forth in section 6.4.6 of this bylaw.

Peak discharge is the maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event.

Permeable soils are 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 NRCS hydrologic soil types A and B.

Person is 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.

Photovoltaic (PV) installation means a series of components which uses one or more panels to convert sunlight into electricity.

Plaque sign means a sign affixed to a common background.

Point source means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged.

Political sign means a temporary sign associated with the elective process.

Principal use means the main or primary use of any land or lot.

Private garage means an accessory building, or part thereof, or a portion of a principal building used for the parking or storage of motor vehicles belonging to the occupant of the premises and used in connection with a use permitted on the premises. The accessory buildings or affected portion of a principal use shall not exceed the following dimensions and are subject to the total area limitations for accessory structures (section 3.3.1.b.(4)).

Process wastewater is water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.

Projecting sign means a sign which extends from a wall of a building.

Public way means any way, publicly or privately owned, over which the public has a right to pass.

Quarter board sign means a sign designed to imitate a sign such as may be found attached to the stern of a vessel.

Quonset hut means a prefabricated shelter set on a foundation and built of semi-circular arching roof of corrugated metal.

Rated nameplate capacity means the maximum rated output of electricity produced by an energy-generating system.

Real estate sign means a temporary sign that advertises real property as being for sale, rent, or lease.

Rear yard means a space across the full width of a lot, and extending from the rear of the building located on such lot to the rear line of such lot (see diagram 1).

Recharge means the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.

Recreation, active means leisure time activities, usually of a formal or organized nature, usually performed with others, often requiring equipment and taking place at prescribed places, sites or fields.

Recreation, passive means those leisure time activities not considered active, such as biking, hiking, or picnicking.

Recreation, public means a recreation use or facility operated by a government agency and open to the general public.

Redevelopment means development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.

Residential care facility means a residential care facility shall consist in part of independent dwelling units, and shall contain a combination of central cooking and dining facilities, recreation facilities, and shall provide to all its residents, specified medical services, which medical services shall include, but are not limited to, nursing and dietary assistance, together with the availability on the premises of full-time nursing care in a licensed care facility.

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

Roof sign means any sign erected upon or above a roof or parapet wall of the building on which it is partially or wholly supported.

Room rentals means the renting of rooms or the furnishing of table board to three or fewer persons in a dwelling occupied as a private residence.

Runoff means rainfall, snowmelt, or irrigation water flowing over the ground surface.

Saddle horse or riding stable. The use of horses or ponies, stables, riding grounds, and/or riding facilities for commercial gain or education purposes.

Sales of agriculture products means the sale of agricultural and dairy products raised on the premises.

Sandwich sign means a self supporting, double paneled, temporary sign, with panels that are not parallel but are connected along one edge and separated along the opposite edge. If connected on a vertical edge, it is a V-shaped sign. If connected at the top, it is an A-frame sign. Prohibited. See A-frame sign and V-shape sign.

Services means establishments primarily engaged in providing services for individuals, business, and government establishments and other organizations; including hotels and other lodging places; establishments providing personal, business, repair, and amusement services; health, legal, engineering, and other professional services; educational institutions; membership organizations, and other miscellaneous services.

Setback means the minimum required unoccupied space or area between the street line on which the building is numbered or would be numbered, and the part of the building nearest such street line, such unoccupied space or area extending the entire width or distance across the lot.

Side yard means a space extending from the front yard to the rear yard between a building and the adjacent side of the lot on which said building is located (see diagram 1).

Sign means any device visible from a public way that is intended to visually advertise or promote a business, product, or service; or to visually advocate a political candidate or a position on an issue; or to inform the public of an event; or to inform motor vehicle operators of road conditions or directions; or to identify the occupant(s) of a property.

Sketch means for the purpose of this bylaw, the word sketch shall mean a scale drawing one inch equals 40 feet, unless different scale is required by planning board. All lettering should be one-eightth-inch and legible.

Small-scale, ground-mounted, photovoltaic system means a photovoltaic installation that is structurally mounted on the ground and has a rated nameplate capacity up to 60 kilowatts, measured in direct current (DC).

Small wind energy system means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts.

Smokehouse means a building where meat or fish is cured by means of dense smoke.

Special event sign means a temporary sign advertising or pertaining to a civic, patriotic, educational, or other event.

Special permit means a special authorization to conduct a particular use or to take advantage of a particular situation set forth in this bylaw subject to the provisions of the table of use regulations, where applicable, and the particular section authorizing the special permit, where applicable.

Special permit granting authority. The planning board shall act as the special permit granting authority and shall have the power to issue special permits in accordance with the general laws, chapter 40A, unless another board is authorized to issue a special permit for a specific type of use. For the purpose of section 3.4, non-conforming use and building regulations, the zoning board of appeals shall act as the special permit granting authority.

Start of construction is the first land-disturbing activity associated with a development, including land preparation such as: clearing, grading and filling; installation of streets and walkways; excavation for basements; footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

Storage trailer means a box unit, of various lengths, made of steel, aluminum or both, with attached or unattached wheels, usually flat roofed with rear double doors, overhead doors and in some cases side doors.

Stormwater means stormwater runoff, snow melt runoff, and surface water runoff and drainage.

Stormwater management plan is a plan required as part of the application for a stormwater management permit. See section F, part 8.

Street means a public way or a way opened to the public use or other right-of-way giving access to the lot, but excluding an alley used for service access only. Street shall be deemed to include the entire right-of-way.

Street line means the dividing line between a street and a lot; and in case of a public way, the street line established by the public authority laying out said way upon which the lot abuts.

Structure means a combination of materials for permanent or temporary occupancy or use, such as a building, bridge, tower, framework, retaining wall, tanks, tunnel, tent, stadium, platform, swimming pools, bins, signs, flagpoles, reviewing stands, or the like.

Subdivision, including re-subdivision, shall be defined in the Subdivision Control Law (M.G.L. chapter 41).

Subdivision identification sign means a sign identifying a subdivision, condominium complex, or residential development under construction.

Subdivision lot plan sign means a sign depicting the lot plan of a subdivision.

Subsidiary sign means a lesser sized sign attached to another sign.

Surface water discharge permit is a permit issued by the department of environmental protection (DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the commonwealth.

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

Swimming pools means a facility used for swimming, diving, and water sports, and may be either:

a.

A below ground, artificial, or semi-artificial receptacle or container of a pool of water located below surrounding grade and having a depth of at least 24 inches, as measured from the lowest point in the pool, a vertical distance to the ground level and/or having a surface area more than 250 square feet and/or having a circulation system; or

b.

An above-ground, artificial, or semi-artificial receptacle or container of a pool of water located above surface grade with a diameter of 15 feet or greater at the outside dimension and a capacity to hold water at a depth of 24 inches or more, and/or having a circulation system.

Temporary sign means a sign intended for limited term use.

Trailers shall mean any so-called automobile trailer, trailer coach, including any portable structure, means of conveyance, or vehicle so designed, constructed, and/or altered or converted in any manner so as to permit occupancy thereof, for dwelling or sleeping purposes.

Transmission lines means those conductors and their necessary supporting or containing structures which are located entirely outside of buildings and are used for transmitting electric energy which is not connected to individual users/property owners.

Travel trailer means a vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use; with the manufacturer's permanent identification "travel trailer" thereon; and when factory equipped for the road, being of any length provided its gross weight does not exceed 4,500 pounds, or being of any weight provided its overall length does not exceed 28 feet.

TSS means total suspended solids.

Uncontaminated means water containing no pollutants.

Use, nonconforming means a use lawfully existing at the effective date of this bylaw, or any subsequent amendment thereto, which does not conform to one or more provisions of this bylaw.

Variance means a departure from the provisions of a zoning bylaw relating to setbacks, side yards, frontage requirements, and lot size, but no involving the actual use and structure. A variance is granted because strict enforcement of the zoning bylaw as it applies to a specific lot would work an undue hardship and present site-specific practical difficulties that are not relevant to other lots in the districts.

Viewing booths means an enclosed portion of any commercial building or structure smaller than 20 by 20 feet used for the purpose of the private showing, displaying, or projecting of any motion pictures, other film products, or video tapes for a fee.

V-shaped sign. See "sandwich sign" and "A-frame sign."

Wall sign means a single-faced sign attached parallel to or painted on a vertical exterior wall not projecting more than 12 inches beyond the wall surface to which it is attached and not extending beyond the edges of that wall.

Wastewater means any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

Watercourse means a natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.

Wind turbine height means the height of a wind turbine is measured from natural grade to the tip of the rotor blade at its highest point.

Wind turbine rotor means the blades and hub of the wind turbine that rotate during turbine operations.

Winery means a facility, licensed under the relevant state and federal statutes, where wine is produced, rectified, blended or fortified from fruits, flowers, herbs, or vegetables.

Wireless communications towers means a structure, with antennas, if any, designed to facilitate cellular telephone service, personal communications service, and enhanced specialized mobile radio service.

Zoo means a park where live wild and/or domestic animals are kept in cages or enclosures as exhibits. Such a park would include facilities for visitors.

(10-4-1993 STM; 4-10-1995 ATM; 10-2-1995 STM; 10-7-1996 STM; 4-14-1997 ATM; October 1997 STM; 1-25-1999 STM; 10-4-1999 STM; 10-1-2001 STM; 10-7-2002 STM; 10-2-2006 STM; 10-5-2009 STM; 5-9-2011 ATM; 10-3-2011 STM; 5-14-2012 ATM; 5-13-2013 ATM; 5-12-2014 ATM; 10-6-2014 STM; 10-3-2016 STM; 10-4-2021 STM)