These regulations are enacted to promote the general welfare of the City of New Bedford, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the City, to preserve the cultural, historical heritage of the community, to increase the amenities of the City, and to reduce the hazard from fire by regulating the location and use of buildings and the area of open space around them, all as authorized by, but not limited to, the provisions of the Zoning Act, M.G.L.A c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.

(Ord. of 12-23-03, § 1)

In this Ordinance, the following terms and constructions shall apply unless the context requires a contrary meaning or is specifically prescribed in the text of the ordinance. 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 Ordinance.

GENERAL DEFINITIONS

BUILDING AND SITE COMPONENTS

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

Attic: The space between the ceiling beams of the top story and the roof rafters.

Awning: A detachable or permanent shade of cloth, canvas, or lightweight metal, such as aluminum, which is so constructed that it may be readily rolled up or retracted while still attached to a building.

Bedroom: A separate room intended for, or which customarily could be used for, sleeping.

Building: A structure enclosed within exterior walls or firewalls, built, erected, and framed of a combination of any materials, having a roof, to form a structure for the shelter of persons, animals, or property. For this definition, "roof" shall include an awning or any similar covering, whether or not permanent. Unless otherwise permitted by law, portable structures shall not be used for dwelling purposes, for the transaction of business, or the provision of services.

Building Façade: Any exterior face of a building other than its roof.

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

Carport: A covered structure that protects motor vehicles from the elements.

Court: An unoccupied space other than a yard, open to the sky, and wholly or partly enclosed by the walls of a building situated on the same lot.

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An "outer court" is a court that extends for its full required width to a street or yard.

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An "inner court" is a court not thus extending.

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"Width," as applied to an outer court, is the horizontal dimension of the open side of the court.

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"Depth," as applied to an outer court, is the dimension measured at right angles to the width of the same.

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"Width," as applied to an inner court, is the lesser dimension, and "length" is the greater dimension.

Drive-Thru Facility: A detached building, attached structure, or portion thereof that provides products or services directly to a customer in a motor vehicle by means of a window or mechanical device.

Driveway: A graded area, covered with an impervious surface, or other material allowed under Section 3147, used to access the principal use on a property from a public or public way.

Habitable Space: Space in a building used for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage, or utility spaces and similar areas are not considered habitable spaces.

Upper-Level Floors: Any floor of a building that is located above the street-level floor. If a portion of two (2) floors of the same building are level to a street or streets, neither of said two (2) floors shall be considered upper-level floors. Notwithstanding the previous sentence, in the event the Zoning Enforcement Officer determines that the majority or an equal amount of street access is provided through the lower of the two (2) floors level to a street or streets, the higher of the two (2) floors level to a street or streets may be deemed an upper-level floor.

BUILDING TYPES

Building Type: A classification or kind of structure characterized and differentiated by its placement on a lot, massing, composition, use, and features.

Condominium: A building or group of buildings in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

Factory-built, Home: Standardized units primarily built inside of a factory, then assembled on site in accordance with local building codes.

Garage (Private): A fully-enclosed structure, whether attached to or detached from a principal building, used for the storage of up to three (3) motor vehicles.

Structure: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna, or the like.

Storage shed: A covered structure with no more than 200 square feet of floor space; is not attached or affixed to a foundation or slab that extends below the ground more than 10 inches; with no plumbing or installed heating facilities within the structure; a height no greater than 12 feet.

Tiny House, Stationary: A dwelling that is 400 square feet or less in floor area, excluding lofts, projections from bay windows, open decks, porches, or exterior utility and storage compartments, intended for residential use on an individual house lot where single-household dwellings are allowed or as an accessory dwelling unit. A Stationary Tiny House is not built on a frame or chassis and cannot be driven, towed or otherwise moved from the site on which it was built to another site.

DIMENSIONAL TERMS

Building area: The exterior horizontal projected area of a building, including enclosed porches, but excluding cornices, steps, terraces, fire escapes, ramps, open porches, and decks.

Building height: The vertical distance from the mean grade of the street curb directly in front of it to the highest point of the roof, except that where a lot abuts upon two (2) or more streets the height shall be measured from the curb of the street of greatest width, and where the widths are the same, from the highest mean grade upon which it abuts, and if the building does not abut directly on a street, from the mean grade of the ground adjoining the building. Architectural and mechanical features affixed to the roof, including but not limited to cornices, elevator rooms, solar panels and HVAC systems, shall not count towards overall building height.

Green space: Land not covered by buildings, roads, driveways, sidewalks, parking areas, loading areas, service yards, or other improvements. Green space shall include, without limitation, (a) the buffer zones provided herein and (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 New Bedford Conservation Commission pursuant to said act) and (c) any other protected natural areas.

Gross floor area: The sum of all floor areas of a building or group of buildings on a lot as measured from the exterior faces of the walls. In the case of dwellings, cellars, unenclosed porches, or attics not used for human occupancy shall not be included. Further, floor area intended or designed for the parking of motor vehicles or for the housing of heating and ventilation equipment shall not be included.

Lot: Any lot or plot, in one ownership and not divided by a street and not within the limits of a public or private way upon which the lot abuts, occupied by one building and its accessory buildings and uses and including such open spaces as are required by this Ordinance.

Area of: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least eighty (80) percent of the lot area required for zoning compliance shall be contiguous land other than that under any water body, bog, swamp, wet meadow, marsh, or other wetland, as defined in M.G.L.A. c. 131, § 40, as amended.

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

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

Frontage of: A lot line coinciding with the sideline of a street which provides both legal rights of vehicular access and actual physical vehicular access to the lot, said line to be measured continuously along a single street for the entire width of the lot. Vehicular access to a building site on the lot shall be exclusively through the legal frontage of the lot.

Line: The dividing line between lots. A rear lot line is the lot line opposite to the street line, or in the case of a corner lot, the lot line elected by the owner, provided that it be indicated on the plans filed with the Inspector of Buildings. On a corner lot, only one line can be considered a street line; all other lines shall be considered side lines.

Width of: The horizontal distance between side lot lines, measured parallel to the lot frontage at the front yard setback line.

Open Space: A natural or landscaped area open from ground to sky that is used for yards, outdoor amenity spaces such as forecourts and courtyards, and outdoor civic spaces. It is free of permanent structures other than art installations or hardscape features.

Place of assembly: A facility as defined in the State Building Code, 780 CMR 1.00 et seq.

Story: That part of a building between the top of a finished floor and the top of the finished floor or roof next above.

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A "ground story" or "first story" is the lowest story entirely above the mean grade of the adjoining ground.

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An "upper story" is a story above the first story.

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A "mezzanine story" is a full story wherever it occupies more than one-third (⅓) of the area of the story in which it is situated.

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An "attic" is the space between the top story and a pitched roof.

Street: An accepted City way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the subdivision control law actually constructed to specifications or for which adequate security exists to construct such way.

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

Street Wall: The exterior wall or portion of the exterior wall that faces a street or a pedestrian street/ sidewalk.

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.

A "front yard" is a required open unoccupied space, within and extending the full width of the lot, between the street line and the front of a building.

A "side yard" is a required open unoccupied space within the lot between a side lot line, not a street line, and the parts of the building nearest to such lot line. Such a side yard shall extend for its required width from the street line or the front yard to the rear yard or its equivalent or to another street.

A "rear yard" is a required open unoccupied space, the full width of the lot, lying between the extreme rear wall of the building and the rear line of the lot or the middle line of a public street or private way in case the lot borders on such street or way, except as provided within this Zoning Ordinance. In the case of a triangular lot with only one side fronting on a street, the rear yard is the open, unoccupied space between the extreme rear wall of the building and a line halfway between it and the point of intersection of the side lines of the lot, except as provided within this Zoning Ordinance.

Yard Setback: the minimum horizontal distance between a specified lot line, measured along a straight line and at a right angle to such lot line, and the nearest point of a building or structure.

GENERAL ZONING DEFINITIONS

Alternative motor vehicle fuels: Fuels other than gasoline, gasohol, Ethanol 85, methanol 85, diesel or kerosene that propel vehicles including, but not limited to, LPG (propane, butane), compressed natural gas (CNG), biodiesel, hydrogen, liquefied natural gas (LNG) or electricity.

Alternative tower structure: Man-made trees, clock facilities, bell steeples, light poles and similar alterative-design mounting structures that camouflage or conceal the presence of antennas or wireless telecommunications facilities.

Antenna: Any exterior transmitting or receiving device mounted on a wireless telecommunications facility, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals. This definition includes repeaters as defined herein.

Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

Aquifer: Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water.

Design Standards: Provisions adopted in accordance with Section 4200B that shall be applicable to all Development Projects within a specific district or overlay district subject to the site design criteria of Section 5400 Site Plan Review.

Change of use: Any use that substantially differs from the previous use of a building or land.

Conversion of dwelling: Conversion of an existing dwelling, which, because of its size, has become unsuitable or unsellable for its original purpose due to changes in present-day living conditions, to have more dwelling units than otherwise allowed in the zoning district in which it is situated.

Debris: Accumulated fragments, ruins, or rubbish. In addition to this usual meaning shall also include but not be limited to the following: used motor vehicle and heavy equipment parts and demolition materials from buildings and other structures.

Development: New construction, or substantial alteration to an existing building or other structure or to an existing parking or landscaped area, or the change in use of a building or land for which a building permit is required, or the subdivision or assembly of parcels.

Downtown: the area between the west side of County Street, the south side of Walnut Street, the west side of Route 18, and the north side of Kempton Street.

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 included in the definition of this term.

Floodplain: Those areas of land adjacent to rivers, streams, and other water courses in the City that experience regular or periodic flooding.

Hazardous material: Any substance that is listed in, but not limited to, the EPA priority pollutants as described in section 307(a) of the Clean Water Act, as amended.

Loading space, off-street: Space located on the same lot as a main building or contiguous to a group of buildings for bulk pickups and deliveries. The area must have the proper scale for the delivery vehicles expected to be used and be accessible to such vehicles when required off-street parking spaces are filled. Such space shall abut a street, alley, or other appropriate means of ingress or egress.

Major recreational equipment: Campers, trailers, boats, vessels, or other recreational vehicles or equipment.

Open Space & Recreation Plan: The City of New Bedford's 2014-2021 Open Space & Recreation Plan designating current and prospective open spaces and parks within the City, as updated and amended, and in effect at the time of application for a building permit, site plan review, special permit, or other approval process.

Public Open Spaces: Consists primarily of street rights-of-way and other publicly accessible but privately owned open spaces such as parks, squares, plazas, courtyards, and alleys. Such spaces do not include privately accessible green space, surface parking lots, and loading areas.

Solar Collector: Any of a variety of structures designed to absorb solar radiation for heating water or buildings or producing electricity.

Wetlands: Land subject to the provisions of M.G.L.A. c. 131, §§ 40 and 40A.

USE DEFINITIONS

ACCESSORY USES

Accessory Dwelling Unit: a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, on the same lot as a principal single-household dwelling, subject to otherwise applicable dimensional and parking requirements.

Accessory Residential Parking: In residence districts, by special permit from the Board of Appeals, off-street parking facilities for more than five (5) automobiles, provided that said parking facilities are on a lot directly across the street from the building they are intended to serve and that said parking facilities shall be used only by the occupants of the building and by persons visiting or doing business with said occupants.

Accessory Residential Parking/Joint Use: In residence districts, by special permit from the Board of Appeals, joint use of off-street parking facilities by buildings on contiguous lots provided that said parking facilities shall be used only by the occupants of the buildings they are intended to serve and by persons visiting or doing business with said occupants.

Accessory Structure: A subordinate building 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 and located on the same lot.

Community Garden Plots: An open space designed as individual garden plots available to residents for agriculture purposes (which includes growth of fruits, vegetables and/or plants, excluding marijuana plants), including storage facilities for necessary equipment. Community gardens may be freestanding or within a community, neighborhood, pocket park, or rooftop. Community gardens are managed by a nonprofit organization.

Donation Box: A container, usually made of metal, with a one-way drop to allow donation of household items.

Farm Stand (Exempt): Facilities on property exempted by M.G.L. Chapter 40A, Section 3 for the sale of produce, wine, and dairy products.

Farm Stand (Non-Exempt): Facilities for the sale of agricultural products on property not exempted by M.G.L. Chapter 40A, Section 3.

HOME OCCUPATIONS (ACCESSORY TO RESIDENTIAL USE)

Family Day Care: A private residence which, on a regular basis, receives for temporary custody and care during part or all of the day, children under seven (7) years of age, or children under sixteen (16) years of age if those children have special needs, and receives for temporary custody and care for a limited number of hours children of school age under regulations adopted by the board. The total number of children under sixteen (16) in a family child care home shall not exceed six (6), including participating children living in the residence. Family child care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation.

Family Day Care, Large: A private residence which, on a regular basis, receives for temporary custody and care during part, or all of the day, children under 7 years of age, or children under sixteen (16) years of age if such children have special needs, and receives for temporary custody and care for a limited number of hours children of school age under regulations promulgated by the board, but the number of children under the age of sixteen (16) in a large family child care home shall not exceed ten (10), including participating children living in the residence. A large family child care home shall have at least one (1) approved assistant when the total number of children participating in child care exceeds six (6). Large family child care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation.

Home Occupation: An occupation, business, trade, service or profession which is incidental to and conducted in a dwelling unit, by a permanent resident thereof. No more than one home occupation can be conducted on any premises.

Hobby Kennel: A home occupation involving the raising and care of four (4) or less dogs, excluding puppies younger than three (3) months, for breeding, sale, training, show, hunting, and other related purposes except boarding.

Home-Based Business: A home occupation carried on by the resident of a dwelling unit, where the occupation is secondary to the use of the dwelling unit for residential purposes and where the "quiet expectations" of neighbors take precedence over work needs of the occupation in question.

Home Office: A home occupation conducted solely by the residents of the dwelling unit without the employment of other persons. The following standards apply: All sales, services, or work that requires the presence of a partner, employee, or customer shall take place off-site.

Off-Site Accessory Parking Facility: Motor vehicle parking that supports a principal use on a different lot.

Outdoor Café Seating: A group of tables, chairs, or other seating fixtures and all related appurtenances maintained within the property or on the public sidewalk and intended for the purpose of consuming food or beverage by patrons when such is located adjacent to a food or beverage service establishment having the same operator. Patrons must be served food in order to dine outdoors with an alcoholic beverage.

Outdoor Merchandise Display: The display of merchandise and goods in front of the associated business on the property or on a portion of the public sidewalk.

Parklet: A sidewalk extension that provides more space and amenities for people using the street. Usually, parklets are installed on parking lanes and may use several parking spaces. Parklets typically extend out from the sidewalk at the sidewalk level to the width of the adjacent parking space.

Short-term Rental: Any property or portion thereof including, but not limited to, an apartment, house, cottage, condominium, or a furnished accommodation that is not a hotel, motel, lodging house, or bed and breakfast establishment, where (i) at least one room or unit is rented to an occupant or sub-occupant; and (ii) such accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such; and (iii) each such rental is for not more than thirty-one (31) days.

Satellite Dish: A dish antenna for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication, or other signals from other antennas, satellites, or services. Small satellite dish antennas are one meter or less in diameter, and large satellite dish antennas exceed one meter in diameter.

Temporary Shelter: A trailer or mobile structure used as the residence of a dwelling unit only when an emergency has rendered the original residence temporarily uninhabitable as determined by the Building Commissioner/Zoning Enforcement Officer.

Trailer: Any so-called automobile trailer, trailer coach, or mobile home, including any portable structure, means of conveyance, or vehicle so designed, constructed, altered, or converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes, storage, or conducting business. The term "trailer" shall exclude construction site trailers.

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Real Estate Trailer or Office: A temporary structure providing office space for the sale or rental of real estate at a construction site.

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Construction site trailer: A temporary and mobile structure used as a site construction office throughout the duration of a construction project.

Tourist Home: The rental of up to two (2) sleeping rooms of a dwelling unit, which includes a shared bathroom, common area and kitchen, on an overnight or short-term basis of typically less than seven (7) days.

AGRICULTURE

Agricultural Use (Exempt): Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five (5) acres in area.

Agricultural Use (Nonexempt): Agricultural use of property not exempted by M.G.L. Chapter 40A, Section 3, and consistent with M.G.L. Chapter 128, Section 1A.

Aquaculture: The cultivation of fish or shellfish for food.

Aquaponics: The cultivation of fish and plants together in a constructed, re-circulating system utilizing natural bacterial cycles to convert fish wastes to plant nutrients for distribution to retailers, restaurants, and consumers.

ADULT ENTERTAINMENT

Adult Entertainment Establishment: An establishment having a substantial or significant portion of its business activity, or characterized by their emphasis on matter depicting, describing, or relating to sexual conduct as defined in M.G.L. c. 272, § 31, including but not limited to the following: any adult bookstore, adult live entertainment establishment, adult motion picture theatre, adult mini motion picture theatre, adult paraphernalia store or adult video store as defined in Section 2200 and regulated in Section 4100. Specific Adult Entertainment Establishments are further defined below:

Adult bookstore: An establishment having as a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, computer compact disks, computer disks or diskettes, or coin-operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "sexual conduct" as that term is defined in M.G.L.A. c. 272, § 31, "sexual devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other preparations or an establishment with a segment or section devoted to the sale or display of such materials.

Adult live entertainment establishments: Establishments which feature live entertainment which consists of entertainers engaging in "sexual conduct" or "nudity" as defined in M.G.L.A. c. 272, § 31.

Adult motion picture theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating "sexual conduct" as defined in M.G.L.A. c. 272, § 31, for observation by patrons therein.

Adult mini motion picture theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "sexual conduct" as defined in M.G.L.A. c. 272, § 31, for observation by patrons therein.

Adult paraphernalia store: 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 M.G.L.A. c. 272, § 31.

Adult video store: An establishment having a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "sexual conduct" as defined in M.G.L.A. c. 272, § 31.

As to Adult Entertainment, "Substantial or significant portion" shall mean at least that portion of:

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Retail sales accounting for at least twenty (20) percent of gross sales; or

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Merchandise accounting for at least twenty (20) percent of total merchandise available for sales; or

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Shelf space and display space which when combined is in excess of eighty (80) square feet; or

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Twenty (20) percent or more of the hours during which the establishment is open.

ANIMAL SERVICES

Animal Clinic or 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. Animal clinics and hospitals may have ancillary animal board facilities. Overnight boarding of animals is limited to patients recovering from medical procedures.

Commercial Kennel: Animal rescue shelters, boarding facilities, pet resorts/hotels, or training services for dogs, cats, and other household pets which may be operated during the day and have overnight accommodations.

Pet Grooming: The grooming of dogs, cats, and similar household pets.

Pet Training and Care: Kennel and/or training centers for animals which may be operated on a daily basis but not overnight.

Veterinarian: The diagnosis and treatment of animal patients' illnesses, injuries, and physical malfunctions performed in an office setting.

ART, SPORT, AND CREATIVE ENTERPRISE

Arena: Enclosed area designed to showcase theatre, musical performances or sporting events, sometimes circular or oval-shaped, and allowing maximum visibility.

Artisan Production and Creative Studio: Individuals and firms involved in the on-site production or handcrafted parts or craft consumer goods using hand tools or small-scale, light mechanical equipment. The artisan production subcategory includes apparel manufacturing, cabinetry, chocolatiers, confectionery, furniture making, glass working, jewelry making, metal working, pottery, sculpture, wood working, and their substantial equivalents. Showrooms and the ancillary sales of goods produced on-site are permitted.

Broadcast and/or Recording Studio: Uses that provide studios for audio or video production, recording, filming, or broadcasting of radio or television programs over-the-air, cable, or satellite. Telecommunications transmission towers are regulated according to the provisions of section 4900. Wireless Communication Facilities.

Commercial Recreation, Indoor. A structure for recreation, fitness, social or amusement purposes, 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. Indoor commercial recreation may include dance halls, skating rinks, bowling alleys, health clubs, dance studios, or similar uses.

Commercial Recreation, Outdoor. Drive-in theater, golf course/driving range, bathing beach, sports club, horseback riding stable, game preserve, or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this Ordinance.

Conference and Convention Center: A facility used for governmental and service organizations, business and professional conferences, and seminars along with associated vendor halls and accessory functions. The provision of rooms for rent and meals generally available to the public shall not be considered accessory uses.

Flat Floor Event Space: A one-story space flexible enough to host a multitude of different events, allowing for different seating configurations.

Museum: A building in which objects of artistic, cultural, historical, or scientific interest are stored and exhibited.

Shared Creative Workspaces and Arts Education: Organizations providing multipurpose collaborative workplace facilities and business planning, finance, and multi-purpose facilities dedicated to providing space for various creative enterprises. The subcategory includes arts centers, creative incubators, culinary incubators, design and innovation centers, fabrication laboratories, and their substantial equivalents.

Sports Complex: Venue of a professional or semi-professional sports team.

Theaters and Auditoriums: Uses that provide gathering places for participant or spectator recreation, entertainment, or other assembly activities including, but not limited to, a theater, or cinema.

CIVIC AND INSTITUTIONAL

Cemetery: A plot of land within which the remains of a deceased person or other living being are buried or interred pursuant to the provisions of M.G.L.A. c. 114, as amended.

Club or Lodge (Non-Profit): A facility operated by or for a nonprofit membership organization, which is open to people upon invitation, nomination, or payment of fees or dues, for social, recreational, and/or entertainment activities.

Community Center: A place for recreational, social, educational or cultural activities that can be made available to the public for non-profit /public use.

Educational Facilities and Services (Nonexempt): Educational facilities not exempted from regulation by G.L. c. 40A, s. 3. which may include for profit educational services, colleges and trade schools.

Educational Facility (Exempt): Use of land or structure for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a non-profit educational corporation.

Municipal Facilities: Facilities owned or operated by the City of New Bedford which are used for or in connection with the provision of one or more governmental purposes (i.e. City Hall, Library, Police Station).

Public Utility Facility: Facility operated by a public service corporation or by governmental agencies that need to be located in the area where the service is to be provided and may have substantial land use impacts on surrounding areas but are not accessible to the public. Typical uses include but are not limited to water and wastewater treatment facilities, major water storage facilities, electric generation plants, transforming substations, wind energy conversion systems, solar collector systems, gas regulating stations, and telephone switching stations.

Public Utility 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 overhand, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and other similar equipment in connection therewith.

Religious Assembly/Establishment (Exempt): Use of land or structures for activities related to the practice of religion, as defined by M.G.L. 40A, Section 3 and 42 U.S.C. § 2000cc.

Wireless Communication Facilities (WCF): A facility for the provision of wireless communication service including, but not limited to, towers, monopoles, satellite dish(es) over three (3) feet diameter, antennas, antennas attached to existing structures, and accessory structures, if any, which facilitate the provision of wireless communication service.

Wireless Communication Service (WCS) : The provision of the following types of services: cellular telephone service, radio and television transmission services, personal communication service and enhanced mobile radio service.

DAYCARE

Adult Day Care Center: A day care service use providing custodial care of adults over eighteen (18) years old, related or unrelated, who need supervision and/or assistance with routine daily functions but who are not in need of regular medical attention.

Child Day Care Center: A facility operated on a regular basis whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, which receives children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if those children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Child care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of that system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization in which children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation.

EATING AND DRINKING ESTABLISHMENTS

Bar or Tavern: An establishment, with or without live entertainment, selling alcoholic beverages for on-site consumption including, but not limited to, lounges, nightclubs, dance halls, pubs, and their substantial equivalents.

Brew Pub: A restaurant that holds an Alcoholic Beverages Pub Brewery License pursuant to M.G.L. c. 138, § 19D and relevant federal statutes.

Brewery, Distillery, Cidery, Winery: A facility that uses equipment and/or processes for the large-scale production, packaging, and distribution of malt, spirituous, or vinous beverages pursuant to G.L. c. 138, § 19 and relevant federal statutes. Such establishment may include on-site sampling via a taproom or counter, the sale of permitted beverages produced on the premises to consumers for off-site consumption, and the sale of commercial goods branded by the establishment.

Micro Brewery, Distillery, Cidery, Winery with Tasting Room: A facility that uses equipment and/or processes for the production, packaging, and distribution of up to 15,000 barrels (1 barrel=31 gallons) of malt, spirituous, or vinous beverages pursuant to G.L. c. 138, § 19 and relevant federal statutes. Such establishment may include on-site sampling, the sale of permitted beverages produced on the premises to consumers for off-site consumption, and the sale of commercial goods branded by the establishment.

Caterer/Wholesale Food Production: The preparation of food in significant quantities to be delivered and served or sold off-site.

Food Hall or Public Market: An indoor food court or space where food products made by local artisans, local kitchens, and food vendors are marketed and sold.

Neighborhood Café: An establishment that serves a limited menu of food items and does not contain more than 2,000 square feet of gross floor area.

Restaurant: An establishment selling prepared, ready-to-consume food and/or beverages for on- or off-site sales and/or consumption. The building shall contain seating 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. The term "restaurant" shall not include "fast food establishments".

Restaurant, Fast-Food or Take-out: An establishment whose principal business is the sale of ready-to-consume or rapidly prepared food in containers directly to the customer for consumption within the restaurant building or off-premises. These establishments usually require ordering food at a counter, online, drive-through lane or window.

GENERAL BUSINESS AND OFFICE USES

Banking and Financial Services: A financial institution regulated by the Commissioner of Banking for the Commonwealth of Massachusetts. Uses related to the exchange, lending, borrowing, and safe-keeping of money.

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.

Business Support Services: Uses that provide personnel services, printing, copying, photographic services, or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, telephone answering services, and photo developing labs.

Co-Working Space: An organization providing individuals and small firms access to workplace facilities, including but not limited to, creative studios, office suites, for-rent desks, dedicated workstations, conference rooms, meeting rooms, event space, resource libraries, and business or administrative support services.

Data Center: Uses providing information storage and processing services to other businesses or end users through a collection of computer servers and related information technology infrastructure.

GROUP LIVING

Assisted Living Facility/ Residence (ALF): Any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria: (a) provides room and board; (b) provides, directly by its employees or through arrangements with another organization which the entity may or may not control or own, Personal Care Services for three or more adults who are not related by consanguinity or affinity to their care provider; and (c) 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.

Boarding House: A dwelling or part thereof in which lodging is provided by the owner or operator to three or more boarders.

Dormitory, Fraternity or Sorority: Residential housing exclusively occupied by full- or part-time students and/or educational staff and/or group living facilities owned or operated by an educational institution.

Homeless Shelter and Service Center: A facility that has a primary function of providing overnight sleeping accommodations for those experiencing homelessness. Homeless shelters may also provide personal services. For facilities providing only services for those experiencing homelessness, they will be classified as Personal Services under this section.

Independent Living Facility (ILF): A facility reserved by deed for occupancy by persons over the age of fifty-five (55) who are able to care for themselves, but with some common facilities.

Single Room Occupancy Housing (SRO): A residential use that provides four (4) or more rental boarding rooms for four (4) or more unrelated individuals for occupancy longer than a 14-day period. Single room occupancy housing includes boarding houses, lodging houses, and rooming houses.

Trailer Camp or Park: Any lot, parcel or tract of land, upon which two (2) or more trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether a charge is made for such an accommodation.

INDUSTRIAL—GENERAL

Batch Asphalt and Concrete Plants: A facility for the manufacture of asphalt and concrete products.

Biomass Recycling Facility: Land and facilities used to collect, temporarily store, and process organic materials including wood from various sources, agricultural residues, and animal and human waste for the purpose creating renewable sources of energy including heating, electric power generation, and combined heat and power.

Commercial Dry Cleaning and Laundry Services: Uses that provide large scale centralized dry cleaning and/or laundry services for other industrial, commercial, and/or business establishments.

Contractor's Yard: Land used for the storage of commercial construction equipment, materials, and supplies and for the parking of registered commercial vehicles.

Earth Removal: Extraction of sand, gravel, topsoil, or other earth for sale or for use at a site removed from the place of extraction, exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved definitive plan.

Freight Terminal: A processing node for freight arriving or departing via ship, rail, or truck.

Heavy Materials Sales and Distribution: Businesses engaged in the sale, distribution or storage of grain, petroleum products, building materials and industrial machinery.

Junkyard or Automobile Graveyard: The use of property 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.

Junk Motor Vehicle: A motor vehicle which is worn out, cast off, or discarded and which is ready for dismantling or destruction, or which has been collected or stored for salvage, or for stripping to make use of the parts thereof. Any parts from such a vehicle shall be considered a junk motor vehicle under this Ordinance.

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 can be used for its original purpose as readily as when new shall be considered junk.

Low-Level Radioactive or Nuclear Waste Facility: The primary purpose or principal activity of which is the commercial collection, processing, reprocessing, storage, burial, incineration, disposal or brokerage of radioactive wastes, including but not limited to waste classified as low-level radioactive waste are not permitted in any zoning district.

Material Salvage and Recycling: An area or building where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, processing, or handled for reclamation, disposal or other like purposes, including but not limited to scrap iron and other metals, paper, rags, and bottles. Rubber tire salvage and recycling activities are excluded and prohibited in all zones.

Recycling Collection Facility: Land and buildings used to collect and temporarily store recyclable household materials including glass, cardboard, paper, aluminum, tin, and plastics that are regularly moved off-site to be processed elsewhere.

Self-Storage Facility: The temporary storage of personal possessions in containers or individual rentable or leasable spaces.

Temporary Mobile Storage Unit: A container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures that are placed on private property and used for storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials and merchandise.

Tire Recycling or Re-Treading: Used tires are cut, torn, ripped or mutilated with the intention of being used in the manufacture of new tires or the process by which new tire treads are affixed to used tires are not permitted in any zoning district.

Transportation Terminal: Uses engaged in the dispatching and long-term or short-term storage of large vehicles. Minor repair and maintenance of vehicles stored on the premises is also included.

Warehouse, Wholesale Trade and Distribution: Uses engaged in the wholesale sales, bulk storage and distribution of goods including, but not limited to, furniture and home furnishings; professional and commercial equipment; electrical goods; hardware, plumbing, and heating equipment; paper and paper products; sundries; apparel; food and beverages; healthcare equipment and supplies; and their substantial equivalents to retailers, commercial services, and/or industrial businesses.

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

LODGING

Bed and Breakfast or Inn: A single-unit residential structure providing 10 guest rooms or less for temporary, overnight lodging, with or without meals, for paying guests. A Bed and Breakfast or Inn is only permitted in an owner-occupied or manager-occupied building, and cooking facilities are not permitted in guest rooms. A Bed and Breakfast or Inn provides guests with lodging and where they may receive meals, maid or room service, telephone or desk service and other necessities and conveniences.

Hotel: A facility offering transient lodging accommodations to the general public, containing more than fifty (50) sleeping rooms, and having a common entrance, providing additional services such as restaurants, meeting rooms, entertainment and recreational facilities but not including a boarding house, dodging house or rooming house.

Motel: An establishment, including inns and motor inns, providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building but not including a boarding house, lodging house or rooming house.

Hotel Extended Stay: A facility offering transient lodging (which may include a kitchen area) for long-term accommodations with discounted rates that are typically supplied in weekly or monthly increments. Rooms or suites in an extended-stay hotel shall not qualify as a principal residence.

Hostel: An establishment providing sleeping accommodations for a fee in a sociable accommodation where guests can rent a bed in a dormitory and share bathroom, lounge, and kitchen facilities for a period of 30 days or less. A hostel must be associated with a national or international hostel organization and a hostel employee must always be on site.

MANUFACTURING AND R&D

Biotechnology Facilities: The utilization of bioprocesses or other biological systems in manufacturing of drugs or pharmaceuticals, and medical products.

Manufacturing: Uses engaged in the basic processing, fabrication, assembly, and treatment of materials, and the packaging of finished parts/products without the production or use in large quantities of hazardous or explosive materials. Operations may include the storage of materials, loading and unloading materials, and distribution of finished products. Industrial manufacturing does not include fish or seafood processing or the following: Garbage and refuse incineration or disposal otherwise of material not originating on the premises, except by except by the City of New Bedford; distillation of bones, rendering or fat or reduction of animal matter; manufacturing of glue; oil refining; bulk storage of petroleum products; foundries, manufacture of large machine parts, metal working; manufacture of cement products and cement mixing; processing, storage and distribution of asphalt products; slaughterhouses; sand gravel and stone processing plants; trailer parks and mobile homes; airports; piggeries.

Manufacturing, Light: Fabrication, assembly, processing, finishing work or packaging of products at a small scale.

Medical Devices Manufacturing: The design and production of equipment and supply intended for the diagnosis or treatment of injury or disease.

Research, Development or Testing Laboratories and Facilities: The analysis, testing, and development of products, or services predominantly for scientific research operations in biotechnology, pharmaceuticals, medical devices and equipment, communication and information technology, electronics, computer hardware, and their substantial equivalents but excluding marijuana research. Research and Development and/or Laboratory does not include activities involved in fabricating, assembling, warehousing, or sale of products for the retail or wholesale market.

MARIJUANA—RELATED USES

Craft Marijuana Cooperative: a Marijuana Cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package, and brand cannabis or marijuana products to transport marijuana to Marijuana Establishments, but not to consumers.

Independent Testing Laboratory: a laboratory that is licensed by the Cannabis Control Commission and is (a) accredited to the International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission; (b) independent financially from any Medical Marijuana Treatment Center (MMTC), Marijuana Establishment or licensee for which it conducts a test; and (c) qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L.A. c. 94C, § 34.

Marijuana: all 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, however, that "marijuana" shall not include: (i) 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; (ii) hemp; or (iii) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

Marijuana Cultivator: an entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other Marijuana Establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator.

Marijuana Establishment: a Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center.

Marijuana Product Manufacturer: an entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Marijuana Establishments, but not to consumers.

Marijuana Products: products 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 Research Facility: an entity licensed to engage in research projects by the Cannabis Control Commission.

Marijuana Retailer: an entity 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 Transporter: an entity, not otherwise licensed by the Cannabis Control Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter.

Medical Marijuana Treatment Center, also known as a Registered Marijuana Dispensary (MMTC): an entity licensed under 935 CMR 501 that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis or marijuana products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing cannabis or marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use.

MARINE—RELATED USES

Aquarium: A building where collections of fish, live water plants, and marine animals are exhibited for public display.

Aquatic Equipment Rental: A facility that rents equipment for use on or under the surface of the water.

Maritime Education: Use of land or structure for tertiary or experiential educational purposes related to maritime trade, including marine engineering, marine-related research and development, water-dependent industrial, and other maritime employment categories.

Marine Recreation Facility: Coastal facilities and infrastructure supporting waterfront recreational activities such as marinas or boathouses for pleasure boating, charter fishing, cruises and whale watches, coast and marine-based ecotourism. Food and entertainment uses may provide incidental food or beverage service for on-site consumption.

Maritime Trade: Water dependent uses including transportation (ship, rail, truck and towboat/barge) companies, freight forwarders and customs brokers; stevedoring companies; labor unions; chandlers; warehouses; ship building and repair firms; importers/exporters; pilot associations, etc.

Seafood Handling and Processing: The initial process by which harvested seafood, or by-product of harvested seafood, is separated, eviscerated, and otherwise processed for sale or additional packaging as seafood products.

Seafood Packaging and Distribution: Packaging of seafood products including further filleting, chilling, freezing, canning or preparation of seafood products for onward distribution to wholesale, retail and/or catering outlets.

Seafood products: The portions of seafood remaining for consumption after processing.

Shipyard, Boat Yard, Shipbuilding, Boatbuilding: A yard, place, or enclosure where ships and/or boats are designed, built, and/or repaired.

Waterfront Storage and Distribution Facility: Businesses engaged in the sale, distribution or storage of grain, petroleum products, building materials and industrial machinery provided that such businesses shall be primarily reliant upon a waterfront location or shall be in direct support of an industrial use which requires a waterfront location.

MEDICAL USES

Hospital: An institution providing health services to patients and offering inpatient (overnight) medical or surgical care.

Medical Office, Center, or Clinic: An office providing outpatient health services involving the diagnosis and treatment of physical or mental ailments and disorders, including doctors, dentists, mental health practitioners, physical therapists, and their substantial equivalents. This use does not include overnight care facilities.

Nursing Home: An establishment that maintains and operates continuous day and night facilities providing room and board, personal services, and skilled nursing care. Nursing homes include hospice care, but specifically exclude hospitals.

MOTOR-VEHICLE USES

Car Share Parking Facility: Off-street parking for passenger vehicles made available for hourly or daily rental fee.

Commercial Structured Parking Facility: Motor vehicle parking facility that is structured and available to the public at-large for an hourly, daily fee, or monthly fee. The structure may be at grade, below grade or above grade.

Commercial Surface Parking Facility: Motor vehicle parking facility at grade and available to the public at-large for an hourly, daily fee, or monthly fee.

Commercial Vehicle, Heavy: Any vehicle over ten thousand (10,000) pounds gross vehicle weight which is used in construction or other commercial enterprise. This includes other equipment used for landscaping and/or construction or cube vans, stepvans and buses.

Commercial Vehicle, Light: Any vehicle under ten thousand (10,000) pounds gross vehicle weight which is used in construction or other commercial enterprise. This does not include other equipment used for landscaping and/or construction or cube vans, stepvans and buses.

Dispatch Service: The storage and dispatch of ambulances, taxis, limousines, armored cars, tow trucks, buses, and similar vehicles for specialized transportation; this includes on-call/stand-by ambulance crews (not located at a hospital or fire department) for emergency calls, ancillary professional offices, and/or minor vehicle service and maintenance repair.

Motor Vehicle: An automobile, truck, motorcycle, or other trackless, self-propelled vehicle designed primarily to transport persons or property over public streets and highways.

Motor Vehicle - Body Painting and Body Repair: An establishment, garage or work area enclosed within a building where repairs are made to motor vehicle bodies, including fenders, bumpers and similar components and may offer fuel sales. The establishment may not store vehicles for the cannibalization of parts.

Motor Vehicle - General Repair and Maintenance. An establishment, garage or work area enclosed within a building where repair, installation, or maintenance of all components of motor vehicle services. This excludes body work, painting, and the storage of vehicles for the cannibalization of parts. This establishment may also provide motor vehicle detailing services.

Motor Vehicle Light Service Station and Convenience Store: Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs, or storage of vehicles for parts. This establishment may also engage in the over-the-counter sale of non-automobile related products.

Motor Vehicle Rental: A car rental, hire car, or car hire agency that rents automobiles for short periods of time, generally ranging from a few hours to a few weeks.

Motor Vehicle Sales and Service: Sale or rental of new or used automobiles, small trucks or vans, motorcycles, motor homes, or recreational vehicles.

Moving-Vehicle Share Parking Facility: Off-street parking for moving vans, small moving trucks (up to 10 Ft.), and trailers that are made available for hourly or daily rental fee.

PERSONAL SERVICES

Body-Art Establishment: Use of a space for the practice of physical body adornment by permitted establishments and practitioners using, but not limited to the following techniques: piercing, tattooing, cosmetic tattooing, branding and scarification. Procedures considered 'medical procedures' by the Board of Registration in medicine, such as implants under the skin, are prohibited in body-art establishments.

Body Piercing: The puncturing or penetration of the skin of a person using pre-sterilized single-use needles and the insertion of pre-sterilized jewelry or other adornment in the opening. Puncturing the outer perimeter or lobe of the ear using a pre-sterilized single-use stud and clasp ear piercing system shall not be included in this definition.

Microblading: a semi-permanent technique for enhancing the appearance of the eyebrows, in which pigment is scratched into the skin in fine, short strokes resembling hair, using a hand tool with a blade formed by tiny needles.

Tattooing: Any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa.

Funeral Home: A facility where the deceased are prepared for burial display and for rituals before burial or cremation. Such facilities may include chapels, crematoriums, and showrooms for the display and sale of caskets, vaults, urns, and other items related to burial services.

Maintenance and Repair of Consumer Goods: Uses that provide maintenance, cleaning, and repair services for consumer goods. Typical uses include dry cleaning/laundry services (excluding commercial) shops, tailors, shoe repair, vacuum repair shops, electronics repair shops, and similar establishments.

Motorized Single-User Shared-Transport Station (Bike/Scooter/Moped): A fixed kiosk providing a service where motorized scooters and mopeds are made available for an hourly rental fee as part of a business operating either dockless or pick-up/return stations within the City of New Bedford or surrounding municipalities.

Moving Services: Uses engaged in the moving of household or office furniture, appliances, equipment, and other related items from one location to another, including the temporary storage of those same items.

Personal Services: Uses that provide a variety of services associated with personal grooming, personal instruction, and the maintenance of health and well-being.

Personal Dry Cleaning and Laundry Services: Dry cleaning, laundry services, laundromat, tailoring, and related services for household use.

Property Maintenance and Repair Service: Uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of a premise. Typical uses include janitorial, landscape maintenance, exterminator, plumbing, electrical, HVAC, window cleaning, and similar services. Automotive and marine repair is excluded from this category.

RESIDENTIAL DEFINITIONS

Dwelling: A building designed and occupied as the living quarters of one household. Single- and two-household dwellings shall be designed for and occupied by not more than one or two (2) families, respectively. A multi-household dwelling shall be one designed for and occupied by three (3) or more families.

Dwelling Unit: A room or group of rooms capable of being used as a residence (including studio units). Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

Household: One or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit, though not related by blood, adoption, or marriage, shall be deemed to constitute a household.

Mixed-Use Building: A two-story or multi-story building with retail uses located on the ground floor and multiple dwelling or commercial units located on the upper story or stories.

Multi-Household - Attached Dwelling: A building with three (3) or more residential dwelling units or two (2) or more buildings on the same lot with more than one (1) residential dwelling unit in each building. Each dwelling unit is intended to be occupied by one (1) household. Accessory dwelling units are not permitted in addition to the Multi-Household - Attached Dwelling Units.

Single-Household - Detached Dwelling: A detached building containing not more than one (1) dwelling unit intended or designed to be occupied by one (1) household.

Townhouse/Rowhouse: An attached single-household residential building that may be located on individual or common lots. Each unit has a separate entrance from the street and is separated from other units by a common wall.

Two-Household - Attached Dwelling: A residential building with horizontally or vertically attached or semi-attached dwelling units generally perpendicular to the front lot line. These buildings contain two (2) dwelling units and may be located on one (1) or two (2) lots. Each dwelling unit is intended to be occupied by one (1) household. Accessory dwelling units are not permitted in addition to the Two-Household-Attached Dwelling Units.

Work/Live Creative Studio: Creative studio space consisting of not more than one (1) room, including an area for accessory living, where the work needs of creative industry activities within the same building take precedence over any "quiet expectations" of the residents and neighbors residing in work/live creative studios within the same building.

RETAIL

Big Box Retail Store: A large footprint building ranging in size from 60,000 to 250,000 square feet and offering a wide selection of general merchandise. Some big box or superstores includes a grocery store in addition to general merchandise.

Building/Home Supplies and Equipment: Uses that sell or otherwise provide building materials, tools, furniture, appliances, equipment, and home improvement goods needed to repair, maintain, or enhance a structure or premises.

Convenience Store: A retail store no larger than 5,000 gross square feet that is open for extended hours, that typically sells limited lines of groceries, household items, and snacks, and is intended for the convenience of the surrounding neighborhood.

Drug Paraphernalia Store: A store selling equipment, products, and materials of any kind that are used, intended for use, or designed for use in the production, cultivation, harvesting, processing, packaging, testing, or introducing into the human body a controlled substance.

Grocery Store: An indoor retail operation selling groceries, produce, meat and fish, and baked goods, with only incidental or minor sales of other convenience and household goods not exceeding fifteen thousand (15,000) square feet of gross floor area.

Packaged Liquor Store: Any alcoholic beverage sales establishment primarily involving the sale of beer, wine, or distilled spirits for off-site consumption.

Pet Store: Uses that sell or otherwise provide household pets and the sale of pet supplies.

Retail Stores and Services (not elsewhere set forth): Uses that sell or otherwise provide consumer goods for use in entertainment, comfort, or aesthetics. General Retail Stores include but are not limited to, stores selling apparel and accessories, sundries, pharmaceuticals, hardware and hand tools, housekeeping supplies, and convenience food and beverage for off-site consumption.

Supermarket: An indoor retail operation selling groceries, produce, meat and fish, and baked goods, with only incidental or minor sales of other convenience and household goods, with a gross floor area greater than fifteen thousand (15,000) square feet but not exceeding sixty thousand (60,000) square feet.

Weaponry Store: A store selling, transferring, or leasing any firearm, ammunition, or other tools and instruments intended for personal protection.

SIGN DEFINITIONS

Advertising Blimp: An advertising blimp is an inflatable sign that, by way of gas or other manner, is caused to float above the structure it is attached to. Further, such an inflatable sign is capable of moving from place to place and is not permanently affixed to the ground or structure.

Billboard: An accessory or non-accessory, changeable copy sign erected for the purpose of advertising a product, event, person, or subject not entirely related to the premises on which the sign is located and upon which the advertising message is painted or posted with printed art panels.

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On-ground Billboard: A billboard that is supported by one or more columns, poles, uprights, or braces in or upon the ground, which is not a direct part of a building.

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On-structure Billboard: A billboard that is attached to and is, therefore, a direct part of a building.

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 that are internally illuminated or decorated with gaseous tubes or other lights are considered "signs." The following, however, shall not be considered signs within the context of this Ordinance:

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Flags and insignia of any government except when displayed in connection with commercial promotion.

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Legal notices or informational devices erected or required by public agencies.

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Temporary devices erected for a noncommercial purpose, provided they are removed within seven (7) days of erection.

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Temporary displays inside windows, covering not more than thirty (30) percent of window area, illuminated by building illumination only.

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Standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline.

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Integral decorative or architectural features of a building, except letters, trademarks, moving parts, or parts internally illuminated or decorated with a gaseous tube or other lights.

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Devices identifying a building as distinct from one or more of its occupants, such device being carved into or attached in such a way as to be an integral part of the building, not illuminated separate from building illumination, without color contrasting with sign background, and not exceeding four (4) square feet in area.

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Address identification through numerals or letters not exceeding three (3) inches in height.

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"For Sale," "For Rent," or political signs.

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Window displays of merchandise or signs incidental to the display of merchandise.

Sign, Area of: Includes all lettering, wording, and accompanying design and symbols, together with the background, whether open or enclosed, on which they are displayed. (This includes the spaces between the sections of a freestanding sign.) The area does not include a supporting framework, bracing, or decorative structure. When a sign is painted upon or applied to a building, the area includes all lettering, wording and accompanying designs or symbols together with any background of a different color than the natural color of the building. When individual letters or figures are attached or painted on a surface, a building, canopy, awning, wall, or window, the area is that of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols.

Sign, Canopy: A sign on or attached to a permanent overhanging shelter that projects from the face of a building and is supported only partially by the building.

Sign, Freestanding: A sign not supported by a wall or screening surface.

Sign, Marquee: A sign on or attached to a permanent overhanging shelter that projects from the face of a building and is supported entirely by the building.

Sign, Off-premises: A sign that advertises activities, goods, products, etc., that are available elsewhere than within the building or on the lot where the sign is located.

Sign, On-premises: A sign that advertises activities, goods, products, etc., that are available within the building or on the lot where the sign is located.

(Ord. of 12-23-03, § 1; Ord. of 1-15-13, § 3; Ord. of 10-8-13, § 1; Ord. of 1-27-14, § 1; Ord. of 6-25-20, § 1; Ord. of 5-6-22, § 1; Ord. of 4-5-24, § 1; Ord. of 11-26-24(1), § 1; Ord. of 11-26-24(3), § 2; Ord. of 8-21-25(1), §§ 4—6)