Middleton City Zoning Code
SECTION 10
0 Definitions
10.1 Definitions.
In this bylaw, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the bylaw. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." The words "building," "structure," "lot," or "parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts state building code shall have the meaning given therein unless a contrary intention is clearly evident in this bylaw.
A use or building which is subordinate and customarily incidental to and located on the same lot with the principal use or building to which it is accessory.
Activities which require some disruption of the natural configuration of the land, such as ball fields, tennis courts, and swimming pools.
An 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 G.L. c. 272, § 31.
[Added 5-11-2010 ATM by Art. 29]
A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which regularly features persons or entertainers who appear in a state of nudity, or live performances which are distinguished or characterized by nudity, sexual conduct or sexual excitement as defined in G.L. c. 272, § 31.
[Added 5-11-2010 ATM by Art. 29]
A social day-care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs.
An enclosed building or any portion thereof 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 G.L. c. 272, § 31.
[Added 5-11-2010 ATM by Art. 29]
An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, § 31.
[Added 5-11-2010 ATM by Art. 29]
Adult bookstores, adult cabarets, adult motion-picture theaters, adult paraphernalia stores, and adult video stores as defined in this bylaw.
[Added 5-11-2010 ATM by Art. 29]
An establishment having 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 G.L. c. 272, § 31.
[Added 5-11-2010 ATM by Art. 29]
A one-family dwelling in a row of a least three such units in which each unit has its own Afront and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. Attached dwellings are also referred to as "townhouse dwellings" or "row houses."
A group of three or more attached dwellings located on contiguous lots or on a single or commonly owned lot. Attached dwelling complexes are usually comprised of units for sale as individual townhouse dwellings (with their own lots) or as condominium units.
A strip of land intended to buffer uses on one lot from uses on an adjoining lot. Such strip shall include natural or planted vegetation sufficient to provide a visual and noise buffer satisfactory to the reviewing authority.
A structure having a roof or cover and forming a shelter for persons, animals or property.
Building height shall be measured as the vertical distance from the average elevation of the finished lot grade adjoining such building to the highest point of the roof in the case of a flat roof, and to the mean height between the plate and the ridge in the case of a pitched roof.
Buildings or other structures such as water towers, steeples, utility poles and other creative locations.
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.
Private organized camp and camps of educational and charitable institutions (but not including a correctional institution).
A day-care center or school age child care program, as those terms are defined in G.L. c. 28A, § 9.
On a parcel of less than five acres, establishment growing and selling plants or nursery stock at retail.
Commercial amusement enterprises such as bowling, dance hall, theater, clock golf, skating, and similar enterprises, provided that if any portion of a building so used or of any parking area accessory thereto is less than 200 feet from the boundary of a residential district, the Board shall impose such limitations on the size or capacity of the establishment and its hours of operation as are, in its judgment, necessary to protect said residential district.
Boat livery, ski ground or golf course, but not including a golf driving range or miniature golf course.
Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.
A business or commercial establishment dispensing food, beverages or goods from inside a building to persons standing outside or seated in their automobiles.
A building, or part thereof, designed, erected or used for continuous and permanent human habitation.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit.
TWO-FAMILY DWELLINGA structure on a single lot containing two dwelling units. This definition includes a duplex dwelling.
MULTIFAMILY DWELLINGA building designed or intended or used as the home of three or more families, each in a separate dwelling unit, living independently of each other and who have a common right in halls and stairways. This definition is intended to include building types commonly known as "garden apartments," "mid-rise apartments" and "high-rise apartments."
One or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family.
Educational facilities not exempted from regulation by G.L. c. 40A, § 3.
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.
Any number of persons living together as a single economic unit and using a single cooking facilities.
Any private residence operating a facility as defined in G.L. c. 28A, § 9.
On a parcel of less than five acres, the growing and storing of fruits, berries, vegetables, hay fodder and ensilage; orchards; wood lots and forestry; and greenhouse, nursery and similar activities in the field of agriculture; the raising and keeping of farm animals and poultry other than for the use of residents on the property, with barns, stables and similar buildings not less than 50 feet from the nearest lot line, and subject to the regulations of the Board of Health; and accessory uses customarily incidental to such agricultural uses and including but not limited to storage of farm equipment not less than 50 feet from any lot line and employment of persons for agricultural activities.
Sales room or roadside stand for display or sale of farm produce raised on the premises or of articles manufactured on the premises from such products, provided that any such structure is set back at least 30 feet from the street line and provided that space for customers' cars is available off the right-of-way of the street and so arranged as not to permit backing of automobiles onto any public or traveled way.
Facility for the conducting of funerals and related activities such as embalming.
A multifamily dwelling of not more than three habitable stories in height containing not fewer than three dwelling units.
Shop for lawn mower or small appliance repair, upholstery or furniture repair, bicycle repair person, printer, blacksmith, builder, carpenter, caterer, electrician, lawn mower service person, mason, painter, plumber or roofer.
A steel lattice, guy-wire-supported structure, so designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission.
A multifamily dwelling of more than six stories in height.
An accessory use carried on entirely within a dwelling unit, by the occupant, which is incidental and subordinate to the dwelling use.
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other physical or mental conditions and including, as an integral part of the institution, related facilities, including laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
A building, or part thereof, or a group of buildings on a single lot, where space is used for sleeping by more than three persons as paying guests, regular or transient.
Activities which require the minimum amount of disruption of the natural configuration of the land, such as walking, jogging, picnicking, and cross-country skiing.
A group of individual buildings for light industry and related activities in an arrangement for access, loading and parking facilities in accordance with a site plan hereunder for an area in single ownership.
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.
A commercial establishment in which more than three dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold.
A steel lattice, self-supporting structure with no guy wire support, so designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission.
Fabrication, assembly, processing, finishing work or packaging.
Space for parking of trucks for delivery or loading of goods.
The whole area of continuous land under single ownership, whether by one person or entity or by several, whether the tenure is joint, in common or by the entirety.
Lot frontage is the portion of a lot which fronts on a street or way accepted by the Town, a street or way used as a public way, or a street or way which the Town Clerk certifies is maintained and used as a public way, or a street or way shown on a plan approved and endorsed by the Planning Board in accordance with the Subdivision Control Law.[1] Lot frontage shall be measured along the length of the lot line that is coterminous with the above street or way line.
See section 4.1.2.1.
A product infused with marijuana that is intended for use or consumption, including but not limited to edible products, ointments, aerosols, oils, and tinctures. These products, when created or sold by a registered marijuana dispensary (RMD), shall not be considered a food or a drug as defined in M.G.L. c. 94, § 1.
[Added 5-12-2015 ATM by Art. 39]
A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
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 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 personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
[Added 5-12-2015 ATM by Art. 39]
A multifamily dwelling of more than three stories but not more than six stories in height.
A self-supporting pole-type structure with no guy wire support, tapering from base to top, and so designed to support fixtures which hold one or more antennas and related equipment for wireless telecommunication transmission.
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 vehicles for the cannibalization of parts.
Premises for the servicing and repair of autos, but not to include fuel sales.
Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.
Facilities owned or operated by the Town of Middleton.
Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
A yard area which is unbuilt upon but which may include sidewalks, swimming pools, terraced areas, patios, tennis courts, play courts, playground facilities or similar facilities and shall not have streets, driveways, or off-street parking or loading areas.
Land which is open to the sky, unbuilt upon, free of all traffic by automobiles and other motorized vehicles, and contains no paved areas, except as incidental to active recreation uses.
A facility providing personal services such as hair salon, barber shop, tanning beds, dry cleaning, print shop, photography studio, and the like.
The Planning Board of the Town of Middleton established under G.L. c. 41.
A lot together with all buildings, structures and uses thereon.[2]
Place for serving food, provided that no mechanical, computerized or live entertainment is regularly furnished except where authorized by the Board of Appeals. The serving of food or drink to persons seated in motor vehicles, or on foot, outside of any building or through openings in the exterior walls of a building shall not be permitted.
Place for serving food, with mechanical, computerized or live entertainment regularly furnished as authorized by the Board of Appeals. The serving of food or drink to persons seated in motor vehicles, or on foot, outside of any building or through openings in the exterior walls of a building shall not be permitted.
An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off premises and usually requires ordering food at a counter.
A facility selling goods. Specific types of retail uses may also be set forth in the Table of Use Regulations.[3]
A dwelling in which the family resident therein provides eating and/or sleeping accommodations for not more than two paying guests who use only the identical cooking facilities located in one location, used by the family residents.
[Added 5-14-2013 ATM by Art. 6]
A public way or a way which the Clerk of the Town of Middleton certifies is maintained and used as a public way, or a way shown on a plan approved and endorsed in accordance with the Subdivision Control Law,[4] or a way in existence when the Subdivision Control Law became effective in the Town of Middleton on March 15, 1955, 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 building erected or to be erected thereon.
The side line of a street or way, as determined by deeds and plans recorded at the Essex South Registry of Deeds, or a building line laid out under G.L. c. 82, § 37. Where no line is thus legally established, then a line parallel with and 25 feet distant from the center line of a traveled way.
Each story of a building shall be deemed to be the portion of a building between the upper surface of any floor and the upper surface of the floor next above. A basement having more than 1/2 of its height above the average elevation of the finished grade adjoining the building shall be considered to be a story for the purposes of this definition. Any part of a building between the top floor and the roof shall be deemed a half story.
Any construction, erection, assemblage or other combination of materials in a fixed location to give support or shelter.
Shop of carpenter, painter, printer or similar craftsman, provided that no more than five persons are employed.
Any structure or vehicle designed or adapted for human habitation, with or without a permanent foundation, which is capable of being moved from one place to another whether by being towed or by being transported.
An accessory building housing electronic and communication equipment as an associated and permitted part of a wireless communication system.
Land which is sufficiently well drained and has a natural grade (less than 11%) suitable to permit its use for informal recreation. A maximum of 10% of usable open space may be used for active recreation and may have a minimum amount of paving incidental to it.
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.
Antenna support structures for mobile and land telecommunication facilities, including whip antennas, panel antennas, microwave dishes and receive-only satellite dishes, cell enhances and related equipment for wireless transmissions from a sender to one or more receivers, such as for mobile cellular telephones or mobile radio systems facilities. This definition is inclusive of the placement of the above-referenced equipment on a monopole tower, a steel lattice tower, guyed steel lattice tower and any communication tower which does or does not utilize guy wire support in addition to existing buildings or other independent support structures. This system shall also allow as one of its components an unmanned equipment shelter.
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.
A yard extending the full width of the lot and situated between the street line and the nearest point of the building.
A yard the full width of the lot and situated between the rear line of the lot and the nearest part of the main building projected to the side line of the lot.
A yard situated between the nearest point of the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[2]
Editor’s Note: The former definition of "private garage," which immediately followed this definition, was repealed 5-14-2013 ATM by Art. 6.
[3]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[4]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.