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Ma Bolton City Zoning Code

ARTICLE VI

Definitions

§ 250-28 Terms defined.

[Amended 11-14-2005 STM by Art. 4; 5-3-1999 STM by Art. 16; 5-4-1998 ATM by Art. 18; 5-3-1993 ATM by Art. 12; 7-14-2008 STM by Art. 1; 5-5-1997 ATM by Art. 13; 5-7-1990 ATM by Art. 7; 5-4-1992 ATM by Art. 6; 5-1-1989 ATM by Art. 8; 5-7-2012 ATM by Art. 26; 5-4-1998 ATM by Art. 22; 5-4-2004 ATM by Art. 22; 5-7-2012 ATM by Art. 24; 5-6-2013 ATM by Art. 12; 5-5-2014 ATM by Art. 14; 5-1-2017 ATM by Art. 12; 5-1-2017 ATM by Art. 13; 5-1-2017 ATM by Art. 10; 5-6-2019 ATM by Art. 11; 6-22-2020 ATM by Art. 10; 5-3-2021 ATM by Art. 11; 5-5-2025 ATM by Art. 14]
In this bylaw, the following terms shall have the following meanings, unless a contrary meaning is required by the context or is specifically prescribed:
ACCESSORY APARTMENT
A self-contained housing unit incorporated within a detached barn, stable or carriage house that is clearly subordinate to the principal residence as permitted in § 250-27.1 of the Zoning Bylaw, which has gross floor area exceeding 1,200 square feet.
ACCESSORY BUILDING
A detached building, which is located on the same lot with the main building or use and which is subordinate and customarily incidental to the use of the main building or land.
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: (i) 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; (ii) 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 (iii) is prohibited from short-term rental, as defined in section 1 of Chapter 64G of the Massachusetts General Laws.
ACCESSORY USE
Any use which is subordinate and customarily incidental to a principal use.
ASSISTED LIVING HOUSING
Housing units and associated facilities for the elderly, 55 and older, who require daily assistance but who do not require nursing home care. Associated or shared facilities may include common dining facilities, housekeeping services and common space for indoor and outdoor social, educational and recreational activities. Associated facilities may provide additional services beyond congregate housing, including daily meals and personal services, medical monitoring and supervision.
BACKLAND LOT
In the Residential Zoning District, a lot as permitted by § 250-13E, Backland zoning.
BASE MAP
The Base Town Map and Zoning District Map shall be known as and referred to in the Town of Bolton Zoning Bylaws as the "Base Map." The Base Map is the map prepared by Ducharme & Dillis Civil Design Group, Inc., revised September 2016 and on file with the Town Clerk.[1]
BED-AND-BREAKFAST ESTABLISHMENT
A private owner-occupied dwelling where four to 10 rooms are let, a breakfast is included in the rent and all accommodations are reserved in advance.
BED-AND-BREAKFAST HOME
A private owner-occupied dwelling where not more than three rooms are let, a breakfast is included in the rent and all accommodations are reserved in advance.
BUILDING
A structure having walls and a roof, including porches covered or uncovered, capable of being used to shelter persons, animals, materials or equipment.
BULK STORAGE
Outdoor storage of sand, lumber, coal or other large-volume materials, and storage of liquids in tanks except underground as an accessory use, except customary storage in connection with residential use.
COMMON DRIVEWAY
In the Residential Zoning District, a driveway serving no more than five single-family dwellings or lots as permitted by § 250-17B, Common driveways serving three lots to five lots.
CONGREGATE LIVING HOUSING
Housing units and associated facilities for the elderly, 55 and older, who do not require constant supervision. A congregate living housing unit consists of a room or group of rooms for one or more persons with provisions for living and sleeping for the exclusive use of the individual or household unit. The congregate living housing unit may provide exclusive cooking and sanitary facilities. Associated or shared facilities may include common dining facilities, housekeeping services and common space for indoor and outdoor social, educational and recreational activities.
DWELLING
A building containing one or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one or more persons living together as a single housekeeping unit.
EXTENSIVE OUTDOOR RECREATION
Premises comprising 10 acres or more used principally for standard golf course, skiing, snowmobiling, horseback riding, camping, or similar extensive recreation, with structures occupying not more than 2% of lot area.
FAST FOOD
The sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the building or outside the building or off premises, or within a parked motor vehicle and usually requires ordering at a counter and whose principal method of operation includes sale of food and beverages in paper, plastic or other disposable containers. This regulation shall not apply to ice cream parlors. The intent of the regulation is to address the adverse impacts of fast-food restaurants on Bolton's historic and adjacent residential areas as well as gateways to the Town. The proliferation of fast-food establishments has a negative impact on the Town's economy, historical relevance, unique character and economic vitality. These uses are therefore restricted in order for Bolton to maintain unique dining experiences. Fast-food establishments detract from the overall historic village experience and are found to be obtrusive and have substantial impacts to the public safety from increases in traffic, litter and childhood obesity.
GROSS FLOOR AREA
The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lots and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings, but excluding: (i) crawl spaces, garage parking areas, attics, enclosed porches and similar spaces; (ii) pipe trenches, exterior terraces or steps, chimneys, roof overhangs and similar features. Where there are multiple principal dwellings on the lot, the gross floor area of the largest principal dwelling shall be used for determining the maximum size of an accessory dwelling unit.
HOME OCCUPATION
An occupation or profession engaged in within a dwelling, or accessory building, by a resident thereof as a use accessory thereto.
LARGE ACCESSORY DWELLING UNIT (LADU)
An attached accessory dwelling unit exceeding the size permissible under the definition of an Accessory Dwelling Unit but not exceeding 1/3 of the gross floor area of the single-family dwelling unit.
LARGE DETACHED ACCESSORY DWELLING UNIT (LDADU)
A detached accessory dwelling unit exceeding the size permissible under the definition of an Accessory Dwelling Unit but not exceeding 1,200 square feet of gross floor area of the single-family dwelling unit.
LIGHT MANUFACTURING
The fabrication, processing, packaging, or assembly operations employing only electric or other substantially noiseless and inoffensive motor power, utilizing hand labor or quiet machinery and processes, and free from neighborhood-disturbing agents such as odors, gas, fumes, smoke, cinders, refuse matter, electromagnetic radiation, heat, or vibration; provided that there is no outside storage of materials or finished goods.
LIVE/WORK SPACE
A dwelling unit in which up to 50% of the floor area is used for the production, showing and sale of art or handcrafted artisan crafts.
LOT
A portion of subdivided land, shown on a plan submitted by a registered land surveyor, which conforms to the bylaws of the Town of Bolton.
LOT AREA
The horizontal area of the lot exclusive of any area in a street or recorded way open to public use within the Town of Bolton. The minimum lot area for permitted uses within the Town of Bolton must be met by contiguous horizontal area within the Town of Bolton. However, see exception in Note B of § 250-13B.
LOT COVERAGE
The percentage of total lot area, within the zone of proposed use, that is covered by structures or roofed.
LOT FRONTAGE
That portion of a lot fronting upon and providing rights of access to a street shown on the Base Map, and listed on the Schedule of Town Roads on file with the Town Clerk, or to an approved or accepted new right-of-way laid out in accordance with the Rules and Regulations Governing the Subdivision of Land in the Town of Bolton, to be measured continuously along a single street line. Owners of lots fronting upon two streets may select that which shall be considered frontage. On a corner lot, frontage shall be measured to the point of intersection of the extension of the side lines of the streets. The minimum frontage for permitted uses within the Town of Bolton must be met by contiguous frontage within the Town of Bolton on an approved or accepted right-of-way in the Town of Bolton.
MEDICAL MARIJUANA TREATMENT CENTER OR SIMILAR FACILITY
A not-for-profit entity registered under 105 CMR 725.100, to be known as a "registered marijuana dispensary (RMD)," that acquires, cultivates, possesses, processes [including the development of related products such as edible marijuana infused products (MIPs), tinctures, aerosols, oils or ointments], transfers, transports, sells, distributes, dispenses or administers marijuana, products containing marijuana, related supplies or educational materials to registered qualifying patients or their primary caregivers. Unless otherwise specified, "RMD" refers to the site of dispensing, cultivation, and preparation of marijuana.
MIXED USE
A combination of residential and business uses, arranged vertically (in multiple stories of a structure) or horizontally (adjacent to one another in one or more buildings on a lot).
MOBILE HOME
A moveable or portable dwelling unit built on a chassis, designed for connection to utilities when in use, and designed without necessity of a permanent foundation for year-round living.
MOBILE HOME PARK
Premises which have been planned and improved for the placement of two or more mobile homes for nontransient use.
MUNICIPALITY
The Town of Bolton.
NURSING CARE FACILITIES
Intermediate and skilled care nursing facilities to provide an intensive level of nursing and medical care for patients.
PARCEL
A portion of subdivided land, shown on a plan submitted by a registered land surveyor, which does not conform to the bylaws of the Town of Bolton. The parcel shall be noted as a nonbuildable parcel on said plan.
PRINCIPAL BUILDING OR USE
A building or use which is not an accessory use.
RESEARCH AND DEVELOPMENT LABORATORIES
Research and development laboratories in the fields of biotechnology, medical, pharmaceutical, physical, environmental, biological, and behavioral sciences as well as software and electronic design; wholly within an enclosed building.
RESTAURANT
An establishment whose principal use is for serving food within a building, or portion thereof, containing tables and/or booths, which is designed, intended and used for the indoor sale and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes as approved by the Planning Board under a special permit. The term "restaurant" shall not include "fast-food restaurants."
RIGHT-OF-WAY
A public way, or a way which the Town Clerk certifies is maintained and used as a public way, or a way approved and endorsed by the Planning Board in accordance with the Subdivision Control Law, or a way in existence when the Subdivision Control Law became effective in the Town of Bolton.
SELF-STORAGE FACILITIES
A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods, automobiles, boats, or contractors supplies.
SHARED DRIVEWAY
In the Residential Zoning District, a driveway serving no more than two single-family dwellings or lots as permitted by § 250-17, Driveways and parking.
SIGN
Any device displaying, or any display of, any letter, word, picture, symbol, or object designed to inform or attract the attention of persons not on the premises on which such device or display is located, including billboards and any such internally or decoratively illuminated building surface other than an unobstructed window.
SPORTS FACILITY
A facility operated as a business, open to the public and designed and equipped for the conduct and instruction of sports and recreation with activities such as baseball, basketball, football, soccer, lacrosse, rugby, hockey, rock climbing, laser tag, running track, health club, bowling, racquetball, tennis and squash, swimming, curling, golf and other customary sports and recreational activities. Activities such as motor sports or activities using any form of motorized vehicles, firing ranges, sports stadiums, camping facilities, water parks, outdoor miniature golf courses, billiard parlors, or roller skating are not allowed.
STRUCTURE
A combination of materials assembled by man, the use of which requires fixed location on the ground, or attachment to something on the ground. Structures include buildings, dwellings, towers, masts, sheds, roofed storage areas, mechanical equipment, swimming pools, permanent sporting facilities and signs. Structures do not include fences, walls, driveways, walkways, or other paved areas.
WAREHOUSE
A building used primarily for the enclosed storage of goods and materials for distribution, but not for sale on the premises, excluding mini- or self-storage facilities. Support facilities such as office and administrative included.
YARD
An area open to the sky, located between a street or other property line and any structure or element thereof other than a fence, wall, other customary yard accessory, or projection allowed to encroach on building lines by the Commonwealth of Massachusetts State Building Code. Depth is to be measured perpendicularly to the street or property line.
YARD, FRONT
A yard extending between lot side lines across the front of a lot adjacent to each street the lot adjoins.[2]
[1]
Editor's Note: A copy of the Base Town Map is included at the end of this chapter.
[2]
Editor's Note: Former Section 3.0, Street Acceptance, which immediately followed, was deleted 5-4-1992 STM by Art. 8.