[4-28-2014 ATM by Art. 33; 4-27-2015 ATM by Art. 33; 4-24-2017 ATM by Art. 43; 5-17-2021 ATM by Art. 24; 5-6-2024 ATM by Art. 31; 5-6-2024 ATM by Art. 33; 5-5-2025 ATM by Art. 29]
For the purpose of this Bylaw, certain terms and words shall have the meanings given herein. Words used in the present tense include the future. The singular number includes the plural, and the plural the singular. The words "used" or "occupied" include the words "designed," "arranged," "intended" or "offered" to be used or occupied. The words "building," "structure," "lot," "land" or "premises" shall be construed as though followed by the words "or any portion thereof." The word "shall" is always mandatory and not merely directory.
Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary, Third Edition. Uses listed in the Table of Use Regulations under the classes "Commercial/Business" and "Wholesale and Manufacturing" shall be further defined by the Standard Industrial Classification Manual published by the U.S. Bureau of the Census.
ABANDONMENTThe discontinuance of a nonconforming use or the visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or building by a conforming use or building.
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 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 Building and Fire Code for safe egress. ADUs may be detached, attached, or internal to the principal dwelling. General references to ADUs in this bylaw include both protected use ADUs and local ADUs.
ADULT-ONLY RETAIL TOBACCO AND/OR VAPE STOREAn establishment whose primary purpose is to sell or offer for sale, but not for resale, tobacco products and tobacco paraphernalia, and/or any electronic nicotine delivery system, such as e-cigarettes and vaping products, and in which the entry of minor persons under the minimum legal sales age is prohibited at all times, and that checks customer identification for age verification, and is required to have a valid permit for the retail sale of tobacco and nicotine products issued by the Medfield Board of Health.
ALTERATIONAny construction, reconstruction or other action resulting in a change in the structural parts or height, number of stories, size, use or location of a building or other structure.
APPLICANTA person, business, or organization that applies for a building permit, site plan review, special permit, variance, or an appeal from the Building Commissioner's determination.
AS OF RIGHTDevelopment that may proceed under the Zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, other discretionary zoning approval, but may be subject to site plan review, if applicable.
ASSOCIATE MEMBERA registered voter appointed by the Planning Board for a one-year term ending in April of each year, who may be designated by the Chairman of the Planning Board to sit on the Board for the purposes of acting on a special permit application, on the occasion of the absence, or inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board, all as set out in MGL c. 40A, §
9.
AUTOMOTIVE GRAVEYARD OR JUNKYARDA collection of two or more unregistered vehicles on any lot or parcel under single ownership. In order to be considered unregistered, vehicles must be of a sort which in their normal use would be required to be registered by the Registry of Motor Vehicles of the Commonwealth of Massachusetts.
BED-AND-BREAKFASTA private owner-occupied residence with overnight accommodations for paying guests and a common breakfast area for their use, but with no cooking facilities in the guest rooms.
BUFFERSA landscaped strip to provide a visual barrier.
BUILDINGA combination of any materials, whether portable or fixed, having a roof, common walls, passageways, areas and serviced by common utilities and forming a structure for the shelter of persons, animals or property. For the purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
BUILDING, ACCESSORYA detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.
BUILDING COVERAGEThe maximum area of the lot that can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building coverage does not include surface parking.
COMMUNITY FACILITIESPremises owned and operated by a governmental or other chartered nonprofit organization, including public housing for the elderly, but not including fraternal, sports or similar membership organizations.
DETENTION PONDFor purposes of interpreting §
300-6.2, Table of Area Regulations, "detention pond" shall mean that portion of such a facility that lies within a line represented by the highest elevation contour that completely encloses the facility.
DRIVE-IN ESTABLISHMENTA premises in which persons while in cars are served, view, purchase, consume as appropriate: food, movies, goods, materials or equipment.
DRIVEWAY, LEGAL SERVICEAn open space, located on a private lot, which is built for access to a private garage or off-street parking space.
DWELLING, MULTIFAMILYA residential development consisting of three or more dwelling units on one single contiguous parcel, not necessarily contained in one building.
DWELLING UNITOne or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit with cooking, living, sanitary and sleeping facilities.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings necessary for the furnishing of adequate service by such public utilities or governmental agencies for the public health or safety or general welfare.
FAMILYOne or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
FLOOR AREA, NETThe sum of the areas of the several floors of a building, measured from the exterior faces of the walls, including basement areas. It does not include unenclosed porches, or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this Bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment.
FRONTAGEA continuous portion of a side line of one street between the side lines of a lot which provides primary and actual vehicular and pedestrian access from said street to the principal use of a lot; said access must also be both objectively safe and practical.
HEIGHTThe vertical distance, not to exceed the maximum identified in the Table of Height and Bulk Regulations, between the highest point of the roof and the average elevation of the naturally existing grade (the measurements to be taken around the structure, or at the four corners) prior to any excavation, leveling, grading, or filling at the building foundation. The maximum height is exclusive of chimneys, air shafts, ventilators, vents, lightning rods or similar items which may be of the height required for proper operation or use. Building height applies to all buildings and/or structures. The building shall remain in compliance with the height requirement after final grading.
HOME OCCUPATIONAn accessory use which by custom has been carried on entirely within and only by the occupants of a dwelling unit, which use is incidental and subordinate to the dwelling use, and which does not in any manner change the residential character of the building.
LOADING SPACEAn off-street space used for loading or unloading and which is not less than 14 feet in width, 45 feet in length and 14 feet in height and containing not less than 1,300 square feet, including both access and maneuvering area.
LODGING UNITOne or more rooms contained in a lodging house for the use of one or more individuals not living as a single housekeeping unit and not having cooking facilities. A lodging unit shall include a boarding unit, tourist house unit, or a rooming unit.
LOTAn area or parcel of land in the same ownership, or any part thereof designated by its owner or owners as a separate lot, which is bounded by front, side and rear lot lines as defined in this Bylaw. A parcel shall not be designated a lot unless it conforms with the Table of Area Regulations, §
300-6.2. An owner shall retain the right to alienate any parcel or portion of any parcel regardless of whether or not it is a legal lot under this Bylaw. For purposes of this Bylaw, a lot may or may not have boundaries identical with those recorded in the Norfolk County Registry of Deeds.
LOT, CORNERA lot at the point of intersection and abutting on two or more intersecting streets, the angle of intersection of the street lot line, or in case of a curved street extended lot lines, being not more than 135°.
LOT DEPTHThe minimum length of any line drawn from, and perpendicular to, the front lot line that is all within the area of the lot. In the case of a curved front lot line, such line must be perpendicular to a line tangent to the front lot line at the point that will result in the minimum length of such a line all within the area of the lot.
LOT LINE, FRONTSame as "frontage"; provided, however, that on a corner lot only one street line shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line. The front lot line must be located so as to be able to provide primary access to the lot.
LOT LINE, REARThe lot line opposite the front lot line, except in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered the rear lot line.
LOT, NONCONFORMINGA lot lawfully existing at the effective date of this Bylaw, or any amendment thereto, which is not in conformity with all provisions of this Bylaw.
LOT, PERCENTAGE MAXIMUM COVERAGEThe percentage of any lot that can be covered by man-made impervious surfaces such as buildings, structures, accessory buildings and structures, nonporous paving, or any surface with a percolation rate slower than 120 minutes per inch.
LOT, THROUGHAn interior lot, the front and rear lot lines of which abut streets; or a corner lot, two opposite lines of which abut streets.
LOT WIDTHThe horizontal distance between the side lot lines as measured at the required front yard depth, which may or may not coincide with the actual front setback line.
MEMBERSHIP CLUBA nonprofit social, sports or fraternal association or organization maintaining a building or facilities which are used exclusively by members and their guests and which may or may not contain bar facilities.
MUNICIPAL USEThe use of any building, facility, or area owned or leased and operated by the Town of Medfield for the general use and welfare of the Town, its inhabitants or businesses located within the Town.
OPEN DRAINAGE STRUCTUREThese shall include swales, ditches, or other man-made improvements designed to direct the flow of and/or carry water, which are not covered at ground level. For purposes of interpreting §
300-6.2, Table of Area Regulations, "open drainage structure" shall mean that portion of such a facility that lies within a line represented by the highest elevation contour that completely encloses the facility, or in the case where the facility flows into a detention pond, retention pond, or other area of generally lower elevation, the highest elevation contour that completely encloses the facility except at its intersection with another component of the overall drainage system or at the terminus of such drainage structure.
OPEN SPACEContiguous undeveloped land within a parcel boundary.
OPEN SPACE RESIDENTIAL DEVELOPMENTA residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land.
OWNERThe duly authorized agent, attorney, purchaser, devisee, trustee or any person having vested or equitable interest in the use, structure or lot in question.
PARKING SPACEAn off-street space having dimensions of not less than nine feet six inches by 18 feet plus access and maneuvering space, for exclusive use as a parking stall for one motor vehicle, whether inside or outside a structure.
PARKING, STRUCTUREDA structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports.
PARKING, SURFACEOne or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.
PERFECT SQUAREA square, the dimensions of which are set out in the Table of Area Regulations for each zoning district, which must fit entirely within a lot and one side of which must coincide with or be tangent to or touch on two points on the front lot line.
PERSONThe word "person" shall include one or more individuals, a partnership, an association and a corporation.
RECORDEDRecorded in the Norfolk Registry of Deeds or registered in the Norfolk Registry District of the Land Court.
RECREATIONAL STRUCTURESSwimming pools, tennis courts, basketball courts, or similar type residential accessory structures together with any fencing.
RESIDENTIAL AREAAny area situated within a district zoned primarily for residential purposes under the Zoning Bylaw. It includes RE, RT, RS and RU.
RETENTION PONDFor purposes of interpreting §
300-6.2, Table of Area Regulations, "retention pond" shall mean that portion of such a facility that lies within a line represented by the highest elevation contour that completely encloses the facility.
SIGNAny letters, pictorial representations, symbol, flag, emblem or animated device displayed in any manner whatsoever, which directs attention of persons off the premises on which the sign is displayed to any object, subject, place, person, activity, product, service, institution, organization or business. (For the purposes of this code, American flags and directional or traffic signs and signals erected or adopted by governments or their agencies are not included in this definition.)
SIGN, ACCESSORYAny billboard, sign or other advertising device that advertises, calls attention to, or indicates the person occupying the premises on which the sign is erected or the business transacted thereon, or advertises the property itself or any part thereof as for sale or to let, and which contains no other advertising matter.
SIGN, ADVERTISINGA sign used to direct attention to a service, sale or other activity not performed on the same premises upon which the sign is located.
SIGN, AWNINGA sign on or attached to a temporary retractable shelter that is supported entirely from the exterior wall of a building.
SIGN BANDA special type of parallel sign. It is a horizontal band, integral to the building facade, and runs the full length of the building, exclusive of structural or other interruptions.
SIGN, BUSINESSA sign used to direct attention to a service, product sold or other activity performed on the same premises upon which the sign is located.
SIGN, CANOPYA sign on or attached to a permanent overhanging shelter that projects from the face of the building and is supported entirely or partially by the building.
SIGN FRONTAGE, BUILDINGThe length in feet of the building side fronting on the street. Only one building side may be used as sign frontage.
SIGN, IDENTIFICATIONA sign used simply to identify the name, address and title of an individual family or firm occupying the premises upon which the sign is located.
SIGN, NONACCESSORYAny billboard, sign or other advertising device that does not come within the foregoing definition of an accessory sign.
SIGN, OFF-PREMISESA sign advertising activities, goods, products, services, etc., available elsewhere than within the building or on the lot where the sign is located.
SIGN, ON-PREMISESA sign advertising activities, goods, etc., available within the building or on the lot where the sign is located.
SIGN, PARKINGA sign at each vehicular entrance to a parking lot or parking garage.
SIGN, WINDOW OR INTERIORA sign painted or applied to glass doors or windows, or installed on the interior but visible from the exterior.
SPECIAL PERMITA use of a structure or lot or any action upon a premises which may be permitted under this Bylaw only upon application to and with the approval of the Board of Appeals or the Planning Board and in accordance with the provisions of Article
14.
SPECIAL PERMIT GRANTING AUTHORITYThe Select Board for earth removal permits; the Planning Board for site plan approval for multifamily, business or industrial buildings constructed or externally enlarged and not otherwise requiring a special permit; and the Board of Appeals for all other special permits.
STORYThat part of a building between any floor and the floor or roof next above. For the purposes of this Bylaw, where a building is not divided into stories, a story shall be considered 15 feet in height. A story shall be at least 50% above grade.
STREETA way which is dedicated or devoted to public use by legal mapping, by user, or by any other lawful procedure and includes any avenue, boulevard, parkway, road, land, public square, highway and similar public way which affords the prescribed means of principal access to an abutting lot.
STRUCTUREA combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flag pole, or swimming pool.
STRUCTURE, NONCONFORMINGA structure lawfully existing at the effective date of this Bylaw or any amendment thereto, which is not in conformity with all provisions of this Bylaw.
SUBSTANTIALLY DIFFERENT USEAny use which is not permitted either by right, or by special permit of the Board of Appeals, within the district in which the lot is located.
USABLE OPEN SPACESpace in a yard or within a setback area on a lot that is unoccupied by buildings, unobstructed to the sky, not devoted to service driveways or off-street loading or parking spaces and available to all occupants of the building on the lot, expressed as a percentage of gross floor area.
USEThe purpose for which a structure or lot is arranged, designed, or intended to be used, occupied or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use of a structure or lot.
USE, NONCONFORMINGA use lawfully existing at the effective date of this Bylaw or any amendment thereto which is not in conformity with all provisions of this Bylaw.
USE, PRINCIPALThe main or primary purpose for which a structure or lot is designed, arranged, or intended or for which it may be used, occupied or maintained under this Bylaw. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary thereto and permitted under this Bylaw shall be considered an accessory use.
VARIANCESuch departure from the terms of this Bylaw as the Board of Appeals, upon appeal in specific areas, is empowered to authorize under the terms of Article
14.
WETLANDSFresh water wetlands, swamps, bogs, wet meadows, marshes, streams, rivers or ponds as defined in the Wetland Protection Act, MGL c. 131, §
40, as amended.
YARDA portion of a lot, other than a court, on the same lot as the principal building, unobstructed artificially from the ground to the sky, except as otherwise provided herein.
YARD, FRONTA space extending for the full width of the lot between the front line of the nearest building wall and the front lot line.
YARD, REARA space, unoccupied, except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
YARD, SIDEAn unoccupied space extending for the full length of a building between the nearest building wall and the side lot line.
ZONING ACTSection 808 of the Acts of 1975. See MGL c.
40A and amendments thereto.