Definitions applicable to individual sections of this Bylaw:

Accessory building or structure: A subordinate building or structure located on the same lot as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.

Accessory use: A use customarily incidental to that of the main or principal building or use of the land.

Adult day care facility: A social day care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs.

Adult Mobile Home Parks: Premises especially located and designed for the parking or placing of Mobile Homes under single or common ownership and including recreation areas and other structures or facilities which may be provided for the residents of the Park only and their guests.

Adult Uses: The following constitute Adult Uses for the purposes of Section 6.7

     Adult Book Store: An establishment having thirty percent (30%) or more of its stock in trade books, magazines, photographs, videos, computer discs, laser discs 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 Chapter 272 Section 31.

     Adult Motion Picture Theatre: an enclosed building used for creating or presenting materials or transmission distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.

     Adult Video Store: An establishment having thirty percent (30%) or more of its stock in trade, videos, movies, computer software, computer discs, laser discs or other film material which are distinguished or characterized by their emphasis or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.

     Nude Dancing Establishment: An establishment that features male or female nudity as defined in MGL Chapter 272 Section 31.

Adult Paraphernalia: Shall mean any devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement (the condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity).

Age Restriction: As applied in an Adult Mobile Home Park, residency/occupancy in a mobile home shall be restricted to not more than two (2) persons who are fifty-five (55) years of age or older. Residency/occupancy in a mobile home may also include not more than two (2) persons who are less than fifty-five (55) years of age, provided that such persons are either the spouse of an occupant of the mobile home who is at least fifty-five (55) years of age, or a person who is providing medically prescribed nursing care to an occupant of the mobile home who is at least fifty-five (55) years of age.

Agricultural Use: Use of land for the primary purpose of agriculture, horticulture, floriculture or viticulture including the use, construction, expansion or reconstruction of existing structures thereon. Horticulture shall include the sale and keeping of nursery stock, which shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises.

Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement whether by extending on a side or by increasing in height or the moving from one (1) location or position to another.

Animal clinic or veterinary hospital: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the clinic or hospital use.

Assisted Living Residence: A facility licensed pursuant to MGL Chapter 19D.

Aviation field: A facility at which common carriers or private aircraft, including helicopters, may be landed and take flight, stored or hangared, maintained or repaired and accessory uses thereto.

Building: A structure enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed, having a roof, to form 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 height: As per the State Building Code. In the GU District and the CD District, this term shall mean the distance between the average grade of the ground at the front of the building and the roof of the building; excluding roof structures (such as elevator shafts, heating, ventilating and air conditioning equipment) normally located on or built above the roof and not devoted to human occupancy.

Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Business or professional office: A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage or processing of merchandise.

Child Care Center: A day care center or school age child care program, as those terms are defined in MGL Chapter 15D Section 1A.

Club or lodge, private: Buildings, structures and premises used by a nonprofit social or civic organization or by an organization catering exclusively to members and their guests for social, civic, recreational or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising or commercial activities except as may be required generally for the membership and purposes of such organization.

Commercial recreation, outdoor: Drive-in theatre, golf course/driving range, sports club, practice field, boathouse, game preserve, marina, camping, bathing beach or other commercial recreation activity carried on in whole or in part outdoors for a fee, except those activities more specifically designated in this Bylaw.

Commercial recreation, indoor: A structure for recreational, social or amusement purposes carried out for a fee, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance and shall include enclosed sports facilities, concert halls, dance halls, skating rinks, bowling alleys, archery range, dance studios or other commercial recreational centers.

Contractor's yard: Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies or parking of tracked or wheeled equipment.

Dwelling: A building designed and occupied as the living quarters of one (1) or more families.

Dwelling, multifamily: A multifamily dwelling shall be one designed for and occupied by two (2) or more families.

Dwelling, single family: Single family dwellings shall be designed for and occupied by not more than one (1) family.

Dwelling unit: Habitable room or group of habitable rooms, containing cooking facilities, sanitary facilities, providing facilities for living, sleeping and eating for one family.

Earth: All forms of soil including, but not limited to, loam, sand, gravel, clay, peat, hardpan and rock.

Earth removal: Carrying earth away from a lot.

Earth removal on premises owned by the Town: Earth removal on premises owned by this municipality, provided that the earth removal is in conjunction with preparation or development of the premises for a municipal end use, including, without limitation, recreational or athletic fields or school buildings and facilities.

Educational use, nonexempt: Educational facilities not exempted from regulation by MGL Chapter 40A Section 3.

Erect: To build, construct, reconstruct, move upon, or conduct any physical development of the premises required for a building; to excavate, fill, drain and the like preparation for building shall also be considered to erect.

Essential services: Services provided by a public service corporation or by 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, but not including wireless communications facilities. 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 in connection therewith.

Family: One or more persons related by blood, marriage or adoption and sharing cooking, storage, bathroom, living and sleeping facilities in a dwelling as a single housekeeping unit. In addition, a family may include any of the following:

    a. Domestic partners.

    b. Foster children.

    c. Domestic employees.

    d. Not more than two boarders.

    e. Not more than four additional persons not related to the others by blood, marriage or adoption.

Family accessory apartment: A dwelling unit which is included within a single family dwelling structure, including a single family dwelling with attached garage; but said apartment is separate from and not located within the principal dwelling unit contained within the single family dwelling.

Family day care home, small: Any private residence operating a facility as defined in MGL Chapter 15D Section 1A which services ten (10) or fewer children.

Family day care home, large: Any private residence operating a facility as defined in MGL Chapter 15D Section 1A which services more than ten (10) children.

Flea market, indoor: A building 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 selling goods at retail by businesses or individuals who are generally engaged in retail trade. Flea markets are conventional, permanent profit seeking businesses that require all local permits and licenses.

Floor area (gross): The sum of the areas of the several floors of a building, measured from the exterior faces of the outside walls. It does not include cellars, 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 Section 5.3 or any such floor space intended and designed for accessory heating and ventilating equipment.

Floor area ratio (FAR): A mathematical expression determined by dividing total floor area of a building by the area of the lot on which it is located. For example, a one (1) acre lot with an FAR of 0.75 could contain thirty two thousand six hundred seventy (32,670) square feet of gross floor area (43,560 X 0.75 = 32,670).

Footprint: The entire area of ground covered by and in contact with a building or structure, exclusive of pavement, eaves and overhangs; the perimeter of the structure in contact with the ground. Attached porches are included within the footprint.

Front building wall: The wall containing the primary entrance to the building. For buildings with multiple storefronts or business spaces equipped with separate individual entrances, the primary front of each store shall be considered the front building wall.

Funeral home: Facility for the conducting of funerals and related activities such as embalming.

General Service establishment: An establishment providing services such as small motor or appliance repair, upholstery, furniture repair and the like.

Health Club: A facility at which patrons may use exercise equipment and engage in various activities, including tennis, swimming and other sports, with all accessory components.

Impervious area: Land covered by buildings, roads, driveways, sidewalks, parking areas, loading areas, service yards or other improvements which do not allow precipitation or surface water to penetrate directly into the soil.

Junk: Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning, cannot be used for its original purpose as readily as when new shall be considered junk.

Junkyard or automobile graveyard: The use of any area or any lot, whether inside or outside of a building, for the storage, keeping, or abandonment of junk, scrap or discarded materials or the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof.

Kennel, commercial: A commercial establishment in which a pack or collection of more than ten (10) dogs, three (3) months old or older, are housed, groomed, bred, boarded, trained or sold.

Kennel, hobby - An establishment in which a pack or collection of six (6) to ten (10) dogs, three (3) months old or older, are housed, groomed, bred, boarded, trained or sold.

Kennel, household - A pack or collection of four (4) to five (5) dogs, three (3) months old or older, maintained as household pets on a lot, not maintained for breeding purposes.

Kennel, private - A pack or collection of four (4) to five (5) dogs, three (3) months old or older, maintained as household pets on a lot, maintained for breeding purposes.

Light manufacturing: Fabrication, assembly, processing, finishing work or packaging.

Lot: An area of land held in one ownership, with definite boundaries, used or available for use, as the site of one or more buildings under this Zoning Bylaw.

Lot area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use.

Lot, corner: A lot with two (2) adjacent sides abutting upon streets or other public spaces.

Lot, depth of: The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

Lot frontage: The frontage of a lot on a public or private street.

Lot line: A line dividing one lot from another or from a street or any public place.

Lot width: The minimum width of a lot at any point between the street line and the required minimum street setback line for erection of a dwelling, building or structure on the lot.

Manufacturing: A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding the following: acid manufacture; cement, bituminous concrete or asphalt manufacture; lime, gypsum or plaster of paris manufacture; production of chlorine or similar noxious gases; distillation of bones; drop-forge industries manufacturing forging with power hammers; manufacture or storage of explosives in bulk quantities; fertilizer manufacture; garbage, offal, or dead animal reduction or dumping; glue manufacture; hair manufacture; petroleum refining; processing of sauerkraut, vinegar or yeast; rendering or refining of fats or oils; smelting of tin, copper, zinc or iron ore, including blast furnace or blooming mill; stockyard or feeding pen; slaughter of animals, not including the killing of fowl.

Marijuana Establishment: A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, all as defined in G.L. c. 94G, § 2 and 935 CMR 500.002. Said Marijuana Establishments shall be deemed independent of any other definition in this by-law and not a subset or subcategory of any other category. [Added 10-1-2018 STM by Art. 24, AG 2-22-2019, eff. 10-1-2018]

MGL: Massachusetts General Laws.

Medical office, center or clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

Mobile camping unit: Any vehicle or object on wheels which is so designed and constructed or reconstructed or added to by means of accessories as to permit the vehicle to travel over the highways and as to permit the use thereof for camping purposes. The words mobile camping unit shall include travel trailers, self powered camping units, expandable camping units and similar camping devices.

Mobile home (manufactured housing): A dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters.

Motel or hotel: A building or buildings intended and designed for transient, overnight or extended occupancy, divided into separate units within the same building with or without a public dining facility. If such hotel or motel has independent cooking facilities, such unit shall not be occupied by any guest for more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a continuous four (4) month stay, nor may the guest stay more than six (6) months in any calendar year. No occupant of such hotel or motel may claim residency at such location.

Motor vehicle body repair: An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but does not include the storage of vehicles for the cannibalization of parts.

Motor vehicle general repairs: Premises for the servicing and repair of autos, but not to include fuel sales.

Motor vehicle light service: Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting or major repairs. Said premises may include retail or fast food sales.

Municipal facilities: Facilities owned or operated by the Town.

Nursing or convalescent home: Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

Open space: Land not covered by buildings, roads, driveways, sidewalks, parking areas, loading areas, service yards or other improvements. Open space shall include, without limitation, (a) the buffer zones provided herein, (b) any wetlands, marshes, meadows, swamps, creeks, streams and ponds as defined in Mass. General Laws, Chapter 131, Section 40 (provided that the applicant is not hereby prevented from doing any work in such areas as is permitted by the Middleborough Conservation Commission pursuant to said act) and (c) any other protected natural areas.

Operations involving radioactive materials: The collection, treatment, storage, burial, refining, processing, incineration, reclamation, stabilization, decomposition or disposal of nuclear or radioactive waste of any kind or description including without limitation waste classified as low-level radio-active waste. The use prohibition set forth in the Table of Uses shall not apply to Middleborough hospitals, dispensaries, clinics, offices of physicians and dentists or other Middleborough facilities where nuclear or radioactive waste is generated or produced as a result of medical or dental treatment.

Parcel: A tract of land that is not a buildable lot.

Parking aisle: The corridor located within a parking area by which vehicles enter and leave parking stalls. Dimensional requirements are set forth in Section 5.3.

Parking area: An area for the parking of vehicles open to the public, with or without a fee.

Parking bay: The parking rows located on each side of the parking aisle. Dimensional requirements are set forth in Section 5.3.

Parking garage: A structure which is accessory to a commercial or industrial establishment and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such an establishment.

Parking row: Any row of parking stalls within a parking area.

Parking stall or space: An area dedicated to the parking of a single vehicle within a parking area. Dimensional requirements are set forth in Section 5.3.

Personal service establishment: A facility providing personal services such as hair salon, barber shop, tanning beds, dry cleaning, print shop, photography studio and the like.

Restaurant: A building or portion thereof, containing tables and/or booths for at least two-thirds (2/3) of its legal capacity, which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include "fast food restaurant."

Restaurant, Fast Food: An establishment whose primary business is the sale of food for consumption on or off the premises which is: primarily intended for immediate consumption rather than for use as an ingredient or component of meals; available upon a short waiting time; and packaged or presented in such manner that it can be readily eaten outside the premises where it is sold. Drive-in Food Service Establishment is a fast food restaurant which provides convenient vehicular access and may provide service to customers while in their vehicles.

Retail: A facility selling goods to the public in an enclosed building but not specifically listed in the Table of Use Regulations.

Roadside stand: A building or structure used only for the display and sale of farm products raised on the land of the owner or lessee; however, the majority of products for sale, based on gross sales dollars or volume shall have been produced by the owner or lessee of the land on which the building or structure is located. Land divided by a public or private way or watercourse shall be considered one parcel.

Roof Sign: A sign erected upon or above a roof or parapet of a building.

Shape factor: Required lot shape as defined in Sections 4.2.3 and 4.6.3.

Sign: Any device designed to inform or attract the attention of persons not on the premises on which the device is located. Any building surfaces other than windows which are internally illuminated or decorated with gaseous tube or other lights are considered "signs."

Sign area: The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matters shall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area.

Solid waste disposal facility: Refuse transfer station, composting plant, solid waste recycling operation and any other works or use approved by the Massachusetts Department of Public Health and the Board of Health of the Town for processing, handling, treating, and disposing of solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items and sludge but not raw sewage and similar waste items.

Street: (1) A public way (other than a non access highway) or a way which the Town Clerk certifies is maintained and used as a public way; or, (2) A way shown on a plan approved and endorsed in accordance with the Subdivision Control Law (MGL Chapter 41 Section 81K et seq); or, (3) A way in existence when the Subdivision Control Law became effective in Middleborough, 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 the municipal services to serve such land and the buildings erected or to be erected thereon.

Street line: The dividing line between a street and a lot.

Street Side Wall: The side of a building which faces a second street upon which the lot also has frontage.

Structure: A combination of materials assembled at a fixed location to give support or shelter, including but not limited to a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. Fences, signs and flagpoles shall be exempt from setback requirements for structures, but subject to other requirements set forth herein.

Temporary structure: A structure without any foundation or footings to be removed within a twelve-month time period. Said structure shall conform to the requirements of the Table of Dimensional Requirements and shall receive a permit from the Building Inspector.

Trade shop: Use of premises or dwelling, building or structure thereon in connection with his trade by one resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring substantially continuous employment be carried on; provided such use is not noxious or offensive by reason of noise, color, odor, smoke or static and does not create a public hazard and provided further that no merchandise or materials worked upon, required for use or made for sale, are visible to the passing public.

Transport terminal: Terminal facilities for handling freight with or without maintenance facilities.

Vehicle: Automobile, trailer, truck, boat or other motorized means of transportation.

Warehouse: A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.

Yard: A space open to the sky, located between a building or structure and a lot line, unoccupied except by fences, walls, poles, paving and other customary yard accessories.

Yard, Front: The area of a lot lying between the right of way sideline of a public or private road on which the lot has frontage and the nearest building on the lot. In the case of corner lots or lots otherwise having frontage on more than one road, all fronting yards shall be considered front yards.

Yard, Rear: The area of a lot between the rear most building on the lot and the rear lot line. The rear yard shall extend across the full width of the lot.

Yard, Side: The area on a lot between the side lot line and the building or buildings on the lot, extending between the front yard and rear yard.