[Amended 4-7-2025 by Order No. 2025-2]
As used in this Ordinance, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA detached building, the use of which is customarily incidental and subordinate to that of a principal building, which is located on the same lot as that occupied by a principal building and does not contain sleeping, cooking or sanitary facilities, except when the structure is approved for use as an accessory dwelling unit.
ACCESSORY DWELLING UNITA self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, located on the same lot as a principal building that contains at least one dwelling unit, as specified in §
235-5.3.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of a structure or lot.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion 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 MGL c. 272, §
31, as amended. For purposes herein, "substantial or significant portion of stock" shall mean more than 25% of the subject establishment's inventory stock or more than 25% of the subject premises' gross floor area.
ADULT CLUBA club, restaurant, function hall or similar private or commercial establishment which regularly features:
A. Persons who appear in a state of nudity as defined in MGL c. 272, §
31, as amended;
B. Live performances which are characterized by an emphasis depicting anatomical areas, specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31, as amended; or
C. Films, motion pictures, video cassettes, slides or other photographic, magnetic or electronic reproductions which are characterized by the depiction or description of anatomical areas specified above or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31, as amended.
ADULT MOTION-PICTURE THEATERAn enclosed building used for presenting material (motion-picture films, video cassettes, cable television, slides or any other such visual media) distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31, as amended.
ADULT PARAPHERNALIA STOREAn 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 intercourse, sexual conduct or sexual excitement as defined in MGL c. 272, §
31, as amended.
ADULT USEAn adult bookstore, adult club, adult motion-picture theater, adult paraphernalia store or adult video store as defined in this chapter.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade, for sale or rent, motion-picture films, video cassettes and similar audio/visual media which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31, as amended. For purposes herein, "substantial or significant portion of stock" shall mean more than 25% of the subject establishment's inventory stock or more than 25% of the subject premises' gross floor area.
ALTERATIONAny construction, reconstruction or other similar action resulting in a change in the structural parts, height, number of stories, exits, size, use or location of a building or other structure.
ANTENNAA device for directly transmitting or receiving electromagnetic transmissions.
ASSISTED LIVING FACILITYA. A residential development subject to certification by the Executive Office of Elder Affairs under MGL c.
19D, as amended, and defined as an entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:
(2) Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and
(3) Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same.
B. This definition shall not include group foster care, group homes, single room occupancy residences, rooming or lodging houses, skilled nursing facility, hospices, or elderly housing which is not assisted living.
ATTACHED BUILDINGA building having any portion of one or more walls in common with adjoining buildings.
BASEMENTA portion of a building, partly below grade.
BUILDINGA combination of any materials, whether portable or fixed, having a roof, enclosed within the exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property.
BUILDING AREAThe aggregate of the maximum horizontal cross-sectional area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, porches, bay windows, balconies and terraces.
BUILDING FRONT YARDThe area of the front yard between the front lot line and the principal building bound by lines extending from each front corner of the principal building perpendicular to the street.
CERTIFICATE OF OCCUPANCYA statement signed by the Building Commissioner setting forth either that a building or structure complies with the Zoning Ordinance or that a building, structure or parcel of land may lawfully be employed for a specified use, or both.
COMMUNICATIONS TOWERA tower that is freestanding or anchored with cables, used to support an antenna or other voice or data transmission and receiving devices.
COMMUNITY GARAGEA group of private garages, either detached or under one roof, arranged in a row or around a common means of access.
CORNER LOTA 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, in case of a curved street, extended lot lines being not more than 135°.
DISTRICTA zoning district as established by this chapter.
DRIVE-IN ESTABLISHMENTA business establishment wherein patrons are usually served while seated in parked vehicles in the same lot. The term "drive-in" includes drive-in eating establishments where food is purchased from a building on the lot but is consumed in the vehicle; drive-in service establishments such as banks, cleaners and the like; and automotive service stations, gasoline stations or the like.
DRIVEWAYAn open space located on a lot, which may be paved, built for access to a garage or off-street parking or loading space(s).
DWELLINGA privately or publicly owned permanent structure, whether owned by one or more persons or in a condominium, which is occupied in whole or in part as the home residence or sleeping place of one or more persons. The term "one-family, two-family or multifamily dwelling" shall not include a hotel, lodging house, hospital, membership club, mobile home or dormitory.
DWELLING UNITOne or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation.
ESSENTIAL SERVICESServices provided by public utility or governmental agencies through erection, construction, alteration or maintenance of gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems, whether underground or overhead. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governmental agencies for the public health, safety or general welfare.3
FLOOD LINEThe limits of flooding from a particular body of water caused by a storm whose frequency of occurrence is once in 25 years, as determined and certified by a registered professional engineer qualified in drainage.
FLOODWAYThe area subject to periodic flooding, the limits of which are determined by the flood line.
FRONT LOT LINEThe property line dividing a lot from a street right-of-way. For corner lots, the front lot line shall be the property line dividing the lot from the street right-of-way that is used to access the main entrance (typically identified as the street address) of the structure.
FRONT YARDA yard extending for the full width of the lot between the front lot line and the principal building.
FRONTAGEThe length of continuous linear footage of a lot along a street that provides for practical access to the building site, including access for fire, police and emergency vehicles.
GARAGEA building or structure or a portion thereof designed for the storage of one or more motor vehicles. This does not include a car sales room or automobile repair garage.
GREEN BUILDING AND SUSTAINABLE DESIGN PRACTICESA construction approach that centers on sustainable practices to minimize the environmental impact of a structure. It involves using sustainable materials, efficient energy systems, green roofs, and other eco-friendly features, generally focused on a benchmarking system that outlines how much more efficient or how many fewer resources are required for building completion and operation.
GROSS FLOOR AREAThe sum of the gross horizontal area of the several floors, including basements and mezzanines that qualify as a story, of a principal building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include basements and mezzanines that do not qualify as a story, unenclosed porches or attics not used for human occupancy; malls within a shopping center utilized purely for pedestrian circulation and/or decorative purposes between individual shops of the center; any floor space in an accessory or principal building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter; or any such floor space intended or designed for accessory heating, ventilating and air-conditioning equipment.
HALF STORYA story directly under a sloping roof where, in the case of a roof having one uniform degree of pitch (such as in gable, hipped, or shed roof types), the points of intersection of the bottom of the rafters and the interior faces of the exterior walls are less than two feet above the floor level on at least two opposite exterior walls.
HISTORICAL BUILDINGA building certified or qualified for certification by the Massachusetts Historical Commission in accordance with its published standards as a historical landmark.
HOSPITALA building providing, among others, 24-hour inpatient services for persons admitted thereto for the diagnosis, medical, surgical or restorative treatment or other care of human ailments, including a sanitarium and clinic.
HOTELA building in which temporary lodging is offered for compensation, with or without associated amenities including an inn, motel, motor inn and tourist court, but not including a boardinghouse, lodging house or rooming house.
IMPERVIOUS SURFACEA surface composed of any material that significantly impedes with an overall permeability coefficient less than 10-4 centimeters per second (cm/sec) or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, paved areas (e.g., streets, sports courts) and swimming pools.
INTERIOR LOTA lot, excluding a corner lot, the side lot lines of which do not abut on a street.
JUNKAny worn out, cast off or discarded articles or material, including construction debris and reclaimed soils, which is ready for destruction or disposal or has been collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.
JUNKYARDThe use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of any lot that joins any street for the storage, keeping or abandonment of junk.
LODGING UNITOne or more rooms for the semipermanent use of one, two or three individuals not living as a single housekeeping unit and not having cooking facilities. "Lodging unit" shall include rooms in boarding houses, lodging houses, tourist homes or rooming houses. It shall not include convalescent, nursing or rest homes; dormitories of charitable, educational or philanthropic institutions; or apartments or hotels.
LOTAn area or parcel of land or any part thereof, not including water area, in common ownership and having boundaries identical with those shown on a plan or set forth in a deed or deeds recorded in the Middlesex County Registry of Deeds.
MARIJUANAAll parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided that "marijuana" shall not include:
A. The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;
C. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
MARIJUANA ACCESSORIESEquipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.
MARIJUANA CULTIVATORAn entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENTA marijuana cultivator, marijuana product manufacturer, marijuana retailer, marijuana testing laboratory, or any other type of licensed marijuana-related business, except a registered marijuana dispensary (RMD), subject to regulation under Chapter
94G of the Massachusetts General Laws.
MARIJUANA PRODUCT MANUFACTURERAn entity licensed to obtain, manufacture, process and package marijuana and marijuana products, and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA PRODUCTSProducts that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
MARIJUANA RETAILERA marijuana establishment licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers, and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.
MARIJUANA TESTING LABORATORYA laboratory that is licensed by the Cannabis Control Commission and is:
A. Accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the Commission;
B. Independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and
C. Qualified to test marijuana in compliance with regulations promulgated by the Commission.
MARIJUANA TRANSPORTATION OR DISTRIBUTION FACILITYAn entity with a fixed location that is licensed to purchase, obtain, and possess cannabis or marijuana products solely for the purpose of transporting and temporarily storing the same on the premises for sale and distribution to marijuana establishments, but not consumers.
MELROSE MASTER PLANThe most recent Master Plan, Comprehensive Plan, Future Land Use Plan, or set of comparable documents that are adopted to guide future land use.
MEMBERSHIP CLUBA social, sports or fraternal association or organization which is used exclusively by members and their guests and is not conducted as a gainful business.
MEZZANINEAn intermediate floor in a building which is partly open to a high-ceilinged floor below, or which does not extend over the whole floorspace of the building.
MIXED-USEA combination of two or more land uses within separate spaces or floors in a structure.
MONOPOLEThe type of mount that is self-supporting with a single shaft of wood, steel and/or concrete and a platform (or racks) for panel antennas arrayed at the top.
NONCONFORMING BUILDINGAn existing building or structure at the time of adoption of this chapter, or any subsequent amendment thereto, which does not conform to one or more of the applicable dimensional and density regulations for the district in which the building is located or is located on a lot that does not conform to one or more of the applicable dimensional and density regulations for the district in which it is located, or a building or structure that was constructed or altered so as not to conform to one or more of the applicable dimensional and density regulations for the district in which it is located and regarding which no proceeding has been commenced and notice thereof recorded within 10 years after the commencement of such violation, in accordance with MGL c. 40A, §
7.
NONCONFORMING LOTA lot lawfully existing at the effective date of this chapter, or any subsequent amendment thereto, which is not in accordance with all provisions of this chapter.
NONCONFORMING USEA use lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto which does not conform to one or more provisions of this chapter.
OPEN SPACEThe space on a lot not covered by buildings, structures, or impervious surfaces, unobstructed to the sky by man-made objects.
OWNERThe duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use, structure or lot in question.
PARKING SPACEAn off-street space inside or outside a structure for exclusive use as a parking stall for one motor vehicle.
PERSONAL AND CONSUMER SERVICE ESTABLISHMENTAn establishment that provides a variety of personal services or consumer services including but not limited to personal grooming, instruction, and work related to personal affairs, and the maintenance of fitness, health, and well-being.
PRINCIPAL BUILDINGA building in which is conducted one or more principal uses of the lot on which it is located.
PRINCIPAL USEA 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 chapter.
PRIVATE GARAGEA garage for housing motor vehicles only, with a capacity of not more than three vehicles.
PUBLIC/PRIVATE UTILITY CABINETAny structure used by a public utility for providing continuity of service not over seven feet in height and requiring less than a 200-square-foot base area, of which only 50% may be occupied by cabinet.
REAR LOT LINEThe lot line opposite from the front lot line. In cases where more than one lot line may qualify to be a rear lot line, the longest lot line of those that may be considered opposite shall be considered the rear lot line. For corner lots the rear lot line is at the edge of the rear yard as provided in Dimensional Regulation Specifications, §
235-6.3.
REAR YARDA yard extending for the full width of the lot between the rear lot line and the principal building.
RECREATIONAL MARIJUANA ESTABLISHMENTA marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana- related business, subject to regulation under Chapter
94G of the Massachusetts General Laws; provided, however, that a registered marijuana dispensary shall not be deemed to be a recreational marijuana establishment.
REGISTERED MARIJUANA DISPENSARYAn entity and use formerly and validly registered under 105 CMR
725.100 or currently and validly registered under 935 CMR
501.100, and previously known as a medical marijuana treatment center, which may acquire, cultivate, possess, process (including development of related products such as edible marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute, dispense, and/or administer marijuana, product containing marijuana, related supplies, and/or educational materials to registered qualifying patients or their personal caregivers. A registered marijuana dispensary does not include Marijuana Retailers.
REPAIRWith respect to a building or structure, any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure.
RETAIL FOOD ESTABLISHMENTA retail store selling food products, generally not to be consumed on the premises, which shall include but not be limited to one or more of the following: fresh cheese, fresh meat or delicatessen products, freshly prepared baked goods or confections, natural and organic food or beverages, and which may also sell, incidental to the sale of food products therein, alcoholic beverages for off-premises consumption; but not tobacco products, lottery tickets, pharmacy items, toiletries, personal care products or photographic supplies or services. The term "retail food establishment" as used herein shall further comport with the definition of "establishment" as defined in Chapter 327 of the Acts of 2008.
SERVICE STATIONA 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.
SETBACKThe shortest horizontal distance between a lot line and a particular subject of reference such as the nearest building wall or building part not specifically excluded by Dimensional Regulation Specifications, §
235-6.3, or parking.
SIDE YARDA yard extending for the full length of a building between the side lot line and the principal building.
SIGNAny temporary or permanent lettering, word, symbol, drawing, picture, design, device, emblem, trademark, banner, pennant, insignia, article, or object that advertises, calls attention to, or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction, when the same is placed out of doors or affixed on or in any part of a building for the purpose of being visible from the exterior of the building.
SIGN, AWNINGA sign which is printed, painted, or affixed to an awning or canopy.
SIGN, BILLBOARDAny sign, regardless of size, which advertises, calls attention to or promotes for commercial purposes any product, service or activity other than one manufactured, sold or engaged in on the lot at which the sign is located.
SIGN, BUILDING DIRECTORYA sign affixed at a building entrance which identifies the occupants of the building not exceeding an area determined on the basis of 1.5 square feet for each establishment occupying the building.
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, 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, ROOFA sign erected on or affixed to the roof of a building.
SIGN, STANDINGA sign erected on or affixed to the land, including any exterior sign not attached to a building.
SIGN, SURFACE AREA OFFor a sign, either freestanding or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. For a sign consisting of individual letters, designs and symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs and symbols.
SIGN, TEMPORARYAny sign intended to be displayed for not more than 30 consecutive days in any calendar year.
SIGN, WALLA sign affixed to the exterior wall of a building and extending not more than 15 inches therefrom and installed parallel to the face of the building.
SIGN, WINDOWA sign which is posted, painted, or affixed on an interior transparent surface, including windows and doors, intended to be visible from the exterior of the building or a sign that is located within five feet of the glass of a window exposed to public view and visible from the exterior of the building.
SPECIAL PERMITA use of a structure or lot or any action upon a premises which may be permitted under this chapter only upon application to and on approval by the Zoning Board of Appeals or Planning Board and in accordance with provisions herein.
STORYThe portion of a building which is between one floor and the next higher floor level or the roof.
STREETA way that: (a) has been duly laid out and accepted by the City as a public way or which the City Clerk certifies is maintained and used as a public way, or (b) is shown on a plan approved and endorsed in accordance with the Subdivision Control Law, or (c) was in existence when the Subdivision Control Law became effective in the City having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. For purposes of this chapter, "street" shall be synonymous with the words "road," "avenue," "highway" and "parkway" and similar designations.
STRUCTUREA combination of materials that are constructed or erected on the ground, such as but not limited to a building, bridge, trestle, tower, framework, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool and equipment, shelters, piers, wharves, bin, and sign.
SUBSTANCE ABUSE TREATMENT CENTERAn entity, however organized, routinely providing substance abuse treatment services, including but not limited to consultation; counseling; dispensing of medication to treat substance abuse; dispensing prescriptions (to be filled) for medication to treat substance abuse; examination; all forms of sample collection and laboratory testing, including but not limited to blood draw, swab-testing and urinalysis; and therapy.
SUBSTANTIALLY DIFFERENT USEA use which by reason of its normal operation would cause readily observable differences in patronage, service, access, appearance, noise, employment or similar characteristics from the use to which it is being compared.
TANDEMA method of providing two parking spaces in an efficient layout that may require moving one vehicle to access another one. Typically tandem parking will provide a parking area twice as deep as a standard space, so one vehicle can park behind another, though other configurations are possible.
THROUGH LOTA lot, the front and rear lot lines of which abut streets.
TOWNHOUSEA row of at least three but not more than five one-family dwelling units whose side walls are separated from the other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner.
TRAILERAny vehicle which is immediately portable and is arranged, intended, designed or used for sleeping, eating or business or is a place in which persons may congregate, including a mobile home, house trailer or camper. A trailer, whether immediately portable or no longer immediately portable by virtue of having its wheels removed or skirts attached, shall not be considered a building for the purpose of this chapter.
TRANSPORTATION DEMAND MANAGEMENT PLANA set of programs and projects that aim to provide more competitive transportation options to driving alone, reduce trips and improve traffic congestion without building more roads. A TDM plan will outline how techniques like education, rewards and disincentives to reduce the need for single-occupant vehicle trips; reducing the distance of trips; shifting to more efficient transportation modes such as transit, walking and carpooling; and providing support for remote completion of activities that might otherwise require vehicle trips, might be implemented in a development.
USEThe purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.
VARIANCESuch departure from the terms of this chapter as the Zoning Board of Appeals, upon appeal in specific cases, is empowered to authorize under this chapter.
VETERINARY HOSPITALA building providing for the diagnosis and treatment of ailments of animals other than human, including facilities for overnight care.
WIRELESS COMMUNICATIONS COMPANYAn entity that provides wireless communications services. For zoning purposes a wireless communications company is not a public services corporation or a public utility and must comply with the provisions of this chapter.
WIRELESS COMMUNICATIONS SERVICE FACILITY (WCSF)A facility for the provision of personal wireless services as defined by the Federal Telecommunications Act of 1996, as amended. Such facilities include but are not limited to transmitting and receiving equipment, antennas, antenna structures and supports and related accessory structures or equipment, monopoles and satellite dishes over three feet in diameter.
WIRELESS COMMUNICATIONS SERVICESPersonal wireless services as defined in the Federal Telecommunications Act of 1996, as amended. By way of example but not limitation, personal wireless services include cellular telephone services, personal communications services (PCS) and commercial mobile radio services.
YARDA portion of a lot, between a lot line and the principal building, unobstructed artificially from the ground to the sky and having at least two sides open to lot lines.