For the purpose of this bylaw, the following terms shall have the meanings hereby assigned to them:
ACCESSORY APARTMENTA self-contained dwelling unit incorporated within a detached single-family dwelling or within an accessory building, complete with its own sleeping, cooking, and sanitary facilities, which complies with each of the criteria stated in §
100-502 of the Zoning Bylaw.
ACCESSORY BUILDING OR USEA use or detached building which is subordinate to the main use or building and located on the same lot with the main building or use, the use of which is customarily incidental to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is part of the wall of a main building or where an accessory building is attached to the main building in a substantial manner, it shall be considered as a part of the main building.
AGRICULTURAL USE, RESIDENTIALThe production of plants, animals, or their products, principally for use or consumption by the property owner, or the incidental sale of those products by the property owner.
[Added 5-8-2023 ATM by Art. 20]
BACKYARD CHICKENSRaising and keeping of common, domestic female chicks and hens (no roosters) for personal consumption and enjoyment. Limited to six per lot, and must be physically contained within a dedicated space of, at minimum rate, four square feet per hen.
[Added 11-17-2014 STM by Art. 7]
BED-AND-BREAKFAST INNAn owner-occupied residence that offers sleeping accommodations and breakfast to lodgers in six or fewer rooms, with such lodgers staying for fewer than 30 consecutive days.
[Amended 5-8-2023 ATM by Art. 20]
COMMERCIAL VEHICLEAny motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, equipment, or merchandise in the furtherance of any commercial enterprise.
[Added 5-8-2023 ATM by Art. 20]
CUSTOMARY HOME OCCUPATIONA use which is conducted within a residential dwelling which is clearly incidental and secondary to residential occupancy.
DWELLINGA building, a modular unit, or portion thereof designed exclusively for residential occupancy, including single-family, two-family, and multiple-family dwellings, but not including motels, hotels, boardinghouses, trailers, or structures solely for the use of transient or overnight occupants.
FAMILYAny number of individuals living together as a single housekeeping unit.
FARMAny parcel or land which is used primarily for the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits, and the storage of equipment used.
HEIGHTThe vertical measurement from grade to the highest point of the roof beams in flat roofs; to the highest point on the deck of mansard roofs; to a level midway between the level of the eaves and highest point of pitched roofs or hip roofs; or to a level 2/3 of the distance from the level of the eaves to the highest point of gambrel roofs. For this purpose, the level of the eaves shall be taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves.
[Added 5-8-2023 ATM by Art. 20]
HOME OCCUPATIONA home-based business owned by a person who resides on the premises, carried out wholly or in part by this person for a gain, where such business is clearly incidental and secondary to use of the premises as a dwelling.
[Added 5-8-2023 ATM by Art. 20]
KENNELAn establishment where dogs or cats are boarded for compensation, or where dogs or cats are bred for sale purposes.
[Added 5-8-2023 ATM by Art. 20]
LOTA single area of land in one ownership defined by metes and bounds or boundary lines in a deed or in a plan recorded in the Worcester County Registry of Deeds.
LOT AREAThe horizontal area within the exterior lines of the lot, exclusive of any area in a public or private way open to public uses.
[Added 5-8-2023 ATM by Art. 20]
MARIJUANA CULTIVATORAn entity licensed to cultivate, process, and package marijuana, to deliver marijuana to marijuana establishments, and to transfer marijuana to other marijuana establishments; but not to consumers.
[Added 4-30-2018 STM by Art. 2]
MARIJUANA ESTABLISHMENTA marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailers, or any other type of licensed marijuana-related businesses.
[Added 4-30-2018 STM by Art. 2]
MARIJUANA PRODUCT MANUFACTURERAn entity licensed to obtain, manufacture, process, and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
[Added 4-30-2018 STM by Art. 2]
MARIJUANA PRODUCTSProducts that have been manufactured and contain marijuana or an extract of marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use of consumption, including without limitation edible products, beverages, topical products, ointments, oils, and tinctures.
[Added 4-30-2018 STM by Art. 2]
MIXED USE DEVELOPMENTA development of two or more compatible land uses, such as residential, office, retail, recreational, and commercial.
[Added 11-17-2014 STM by Art. 7]
NONCONFORMING LOTA lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of these Zoning Bylaws, no longer conforms to the land-use standards or use regulations of the zone in which it is located.
[Added 5-8-2023 ATM by Art. 20]
NONCONFORMING USEA use of land existing at the time of the effective date of this bylaw, or any amendment thereto, which does not conform to the regulations as to use in the district in which it is situated.
OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)A registered marijuana dispensary that is located off-site from the cultivation/processing facility (and controlled and operated by the same registered and approved entity which operates an affiliated RMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with provisions of 105 CMR 725.000 and/or MGL c. 941.
[Added 5-9-2016 ATM by Art. 14; amended 4-30-2018 STM by Art. 2]
REGISTERED MARIJUANA DISPENSARY (RMD)A use operated by an entity registered and approved by the MA Department of Public Health in accordance with 105 CMR 725.00 and/or the Cannabis Control Commission (CCC) in accordance with MGL c. 94I, and pursuant to all other applicable state laws and regulations, also to be known as a medical marijuana treatment center, that acquires, cultivates, possesses, processes (including development of related products such as food, 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. An RMD shall explicitly include facilities which cultivate and process marijuana and related products. The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.
[Added 5-9-2016 ATM by Art. 14; amended 4-30-2018 STM by Art. 2; 5-8-2023 ATM by Art. 20]
RECREATIONAL MARIJUANA RETAILER (RMR)An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
[Added 4-30-2018 STM by Art. 2]
SIGNAny words, lettering, figures, images, symbols, colors, numerals, emblems, devices, trademarks, or trade names, or any combination thereof, by which anything is made known and which is designed to attract attention or convey a message.
[Added 5-8-2023 ATM by Art. 20]
SINGLE-FAMILY DWELLINGA single-family detached dwelling containing one housekeeping unit only, together with accessory buildings, including a garage for not more than three automobiles.
STABLE, BOARDINGAn establishment where horses are boarded for compensation, or where horses are bred or raised for sale purposes.
[Added 5-8-2023 ATM by Art. 20]
STREETA public way or a way having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the proposed use of the land abutting thereon or served thereby.
STRUCTUREAnything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground (for the definition of "structure" regarding floodplain management purposes, please see §
100-805).
[Added 5-8-2023 ATM by Art. 20]
USEThe purpose for which land or buildings is occupied, or maintained, arranged, designed or intended.
VARIANCEPermission to depart from these bylaws when, because of special circumstances applicable to the property, as defined by MGL c.40A, § 10, strict application of the provisions of these bylaws deprives such property of privileges enjoyed by other properties in the vicinity which are under identical zoning.
[Added 5-8-2023 ATM by Art. 20]
YARD, FRONT, SIDE OR REARAn unoccupied space open to the sky on the same lot with a building or structure. The drawing below illustrates the positions of the front, side and rear yards:
| STREET | |
| FRONT | |
SIDE | BUILDING | SIDE |
| REAR | |
YARD SALEThe sale of personal property conducted on a residential lot of land or in a building thereon. Term shall include garage sales, rummage sales or other similar sales, which are advertised by a sign or other means, for the public to attend, in all zoning districts. Such sale shall not be more than two consecutive days, per permit, per §
60-3. There must be a five-day period between successive yard sales at any one lot or building. All evidence of the yard sale must be removed after each yard sale.
[Added 11-28-2018 STM by Art. 10]