Northfield City Zoning Code
ARTICLE 2
Definitions
§ 200-2.1 Word usage and definitions.
In this Zoning 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 "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. Terms and words not defined herein but defined in the State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this Zoning Bylaw. In addition, other sections of this Zoning Bylaw contain definitions particular to the subject matter for which they have been established.
ACCESSORY BUILDING OR USE
A building or use customarily incidental to and located on the same lot with a principal building or use or on an adjoining lot under the same ownership.
ACCESSORY DWELLING
A separate and complete housekeeping unit contained within, or being an extension of, a single-family dwelling to accommodate additional family members of a resident of the primary dwelling.
ADULT DAY-CARE FACILITY
A professionally staffed nonresidential facility that provides health, nutritional, and social support services to meet the daily living needs of adults in a group setting. Services may include transitional care and short-term rehabilitation following hospital discharge.
AFFORDABLE HOUSING
A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements for inclusion on the Massachusetts Department of Housing and Community Development (DHCD) Chapter 40B, Subsidized Housing Inventory. Affordable units shall remain as affordable units in perpetuity. These units shall have the same construction methods and physical characteristics as and be intermingled with other units in the subdivision or development.
AFFORDABLE HOUSING RESTRICTION
A contract, mortgage agreement, deed restriction or other legal instrument, acceptable in form and substance to the Town, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and which provides for administration, monitoring, and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period allowed by law, and be entered into and enforceable under the provisions of MGL c. 184, §§ 31 to 33, or other equivalent state law.
AGRICULTURAL TOURISM (or AGRITOURISM)
The practice of visiting a farm business, horticultural, or agricultural operation, including, but not limited to, a farm, orchard, winery, a companion animal or livestock show, for the purpose of purchase, recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation.
AGRICULTURALLY RELATED PRODUCTS
Items sold at a farm market or farm store to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products; animal feed; cottage foods such as baked goods, ice cream and ice cream-based desserts and beverages, jams, or honey; gift items, foodstuffs, clothing and other items promoting the farm and agriculture in Massachusetts, and value-added agricultural products and on-site production. However, items not connected to farming or the farm operation, such as novelty T-shirts or other clothing, crafts, and knickknacks imported from other states or countries, shall not be deemed agriculturally related products.
AGRICULTURALLY RELATED USES
Activities conducted on a farm and predominantly using agricultural products, buildings or equipment, such as pony rides, petting zoos, corn mazes, pumpkin rolling, barn dances, sleighrides/hay rides, and educational events, such as farming and food preserving classes. However, activities that are part of an agricultural tourism operation's total offerings but not tied to farming or the farm's buildings, equipment, or fields, such as amusement rides or concerts, or farm-affiliated businesses, shall not be deemed agriculturally related uses.
AGRICULTURE, EXEMPT
As defined in MGL c. 40A, § 3 and c. 128, § 1A.
AGRICULTURE, NONEXEMPT
A commercial agricultural use of land that does not qualify as a farm for purposes of this bylaw. (See definition of "farm.")
ALTERATION
As defined in the State Building Code.
ALTERNATIVE ENERGY
Energy derived from combined heat and power; and electric- and hydrogen-powered vehicles and associated technologies, including advanced batteries and recharging stations.
APPLICANT
The person or entity having the legal authority and who is seeking a permit or approval from the Town of Northfield to construct or use property subject to the provisions of this Zoning Bylaw, or the authorized agent of any such person or entity.
AQUIFER
Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
BASEMENT
That portion of a building which is partially below and partially above grade.
BED-AND-BREAKFAST
A transient lodging establishment in an owner-occupied, detached single-family dwelling, with not more than six rooms used as sleeping accommodations for paying guests, and which may include breakfast as part of the lodging charge.
BUILDING
An independent structure having a roof supported by columns or walls resting on its own foundations and designed for the shelter, housing, or enclosure of persons, animals, chattels, or property of any kind.
BUILDING HEIGHT
The vertical distance from the mean finish grade on the street side of a building to the highest point of the roof for flat or shed roofs, the deckline on mansard roofs, and the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not included are spires, cupolas, chimneys, antennas, or other parts of structures which do not enclose potentially habitable floor space.
BUILDING INSPECTOR
The Building Inspector of the Town of Northfield.
BUSINESS
Any lawful commercial endeavor to engage in the purchase, sale, lease, exchange or provision of goods and for the provision of services or instruction.
CAMP, YOUTH OR CHILDREN'S DAY OR OVERNIGHT
A camp providing facilities for groups of young people, such as YMCA camps, Boy Scout or Girl Scout camps, or a similar recreation establishment, operated by a public or private organization, with indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding, and incidental food service.
CAMPGROUND
Any area that is occupied or intended or designed or improved for seasonal occupancy by transients using recreational vehicles, motor homes, tents, or mobile trailers for dwelling, lodging, or sleeping purposes and is held out as such to the public. The term "campground" does not include a manufactured housing community or mobile home park.
CHILD-CARE CENTER
A facility, other than a private residence, operated on a regular basis and licensed by the Commonwealth of Massachusetts under MGL c. 15D to receive children not of common parentage under seven years of age, or under 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. As used in this bylaw, "child-care center" includes a facility known as "child nursery," "nursery school," "kindergarten," "child play school," "progressive school," "child development center," or "preschool."
COMMERCIAL MOTOR VEHICLE
Any vehicle licensed by the Commonwealth of Massachusetts as a commercial motor vehicle (540 CMR 4.02, Special Definitions).
COMMON DRIVEWAY
A privately owned driveway, paved or not, providing vehicular access between two or more separately owned lots and a street. A common driveway does not serve as legal frontage for a lot.
CONTRACTOR'S YARD
The premises of a building, construction, plumbing, wiring, landscaping, excavating, or other similar contracting or subcontracting business where any of the following purposes may be conducted for the contractor's business: indoor or outdoor storage of equipment, supplies and materials; the fabrication of subassemblies; servicing of equipment; the parking of wheeled equipment; the parking of two or more motorized vehicles with six wheels or more; the parking of one or more "commercial motor vehicles" as defined by the Massachusetts Registry of Motor Vehicles in 540 CMR 4.02; wholesale or retail sales; or showrooms of finished and unfinished products or materials.
CRAFT SHOP
A business establishment that produces, on the premises, articles for sale of artistic quality or effect or handmade workmanship, e.g., candlemaking, glassblowing, weaving, pottery making, custom woodworking, sculpting, painting, and other associated activities, but not including a contractor's yard.
DRIVE-THROUGH FACILITY
A place of business, which serves customers who remain in motor vehicles, that provides goods or services to the exterior of the building by means of a service window, counter, or similar method or device.
DWELLING
A building or portion thereof designed exclusively for residential occupancy, including single-family, two-family, and multifamily dwellings, but not including hotels, motels, boardinghouses, trailers, or structures solely for transient or overnight occupancy.
DWELLING UNIT
One or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for same, and including room or rooms for living, sleeping, sanitation, and food preparation.
DWELLING, MULTIFAMILY
A building intended and designed to be occupied by three or more households living independently in separate dwelling units.
DWELLING, SINGLE-FAMILY
A dwelling intended and designed to be occupied by a single family, but not including a trailer whether detached or attached to the ground.
DWELLING, TOWNHOUSE
A residential building of two or more stories in height, containing a single dwelling that is one of a group of three or more such buildings that are attached or semiattached to one another, sharing at least one common or party or fire wall and with each building having at least one floor at ground level with a separate entrance.
DWELLING, TWO-FAMILY
A dwelling intended and designed to be occupied by two families living independently in separate dwelling units.
EAVE
The projecting lower edges of a roof overhanging the walls of a building.
EDUCATIONAL USE, NONEXEMPT
Educational facilities not exempt under MGL c. 40A, § 3, such as a commercial or for-profit educational use.
ELDERLY HOUSING; ASSISTED LIVING RESIDENCE
An assisted living residence as defined by MGL c. 19D. An assisted living residence may include a licensed adult day-care center as an accessory use.
ELDERLY HOUSING; CONGREGATE RESIDENCE
A shared living environment designed to integrate the housing and services needs of the elderly and younger individuals with disabilities. Congregate housing is neither a nursing home nor a medical care facility. Services are made available to aid residents in managing activities of daily living (ADL) but not in a custodial environment. Each resident has a private bedroom, but shares one or more of the following: kitchen facilities, dining facilities, and/or bathing facilities.
ELDERLY HOUSING; CONTINUING CARE RETIREMENT FACILITY
A facility that includes a combination of types of dwellings or a lifetime continuum of accommodations and care for elder residents, including independent living, congregate residence, assisted living, and other long-term care facilities such as skilled nursing.
ESSENTIAL SERVICES
Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems whether underground or overhead, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith, but not including wind towers.
ESTABLISHMENT
A separate and distinct use, business, enterprise, institution, or organization occupying space within a building.
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 1-24-2022 STM by Art. 16]
FARM
A parcel of land or contiguous parcels together containing five or more acres devoted primarily to commercial agriculture (see definition of "agriculture"), aquaculture, silviculture, horticulture, floriculture or viticulture, including roadside sale of agricultural products grown on the premises and other agriculturally related products as permitted pursuant to MGL c. 40A, § 3. "Farm" may also include commercial agriculture on two or more acres if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use of the parcel annually generates at least $1,000 per acre based on gross sales dollars.
FARM-AFFILIATED BUSINESS
A commercial business operated on a farm, as defined in this bylaw, related to or supportive of agricultural activities, such as a licensed winery or farm-to-table restaurant with not more than 50 seats, a gift shop for the sale of agriculturally related products, or the leasing of farm facilities for nonagricultural purposes, such as weddings or parties.
FRONTAGE
That portion of a lot which fronts on a street or streets from which physical access to the principal building on the lot can be provided. Frontage is measured as the distance between the points of intersection of the side lot lines with the front lot line. In the case of a corner lot bounding more than one street, the measurement on both streets may be used to determine if the lot meets the minimum frontage requirements of the particular zoning district. With a corner lot, the frontage is measured from the side lot line to the midpoint of the arc that constitutes the corner rounding at the intersection of the two streets.
GASOLINE SERVICE STATION
A structure or lot used for the sale of gasoline and oil for servicing motor vehicles, other than a private garage.
GROSS FLOOR AREA
The sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. "Gross floor area" includes basement floors, attic floor space, halls, closets, stairwells, space devoted to mechanical equipment, and enclosed porches.
HOME OCCUPATION
An occupation or business activity conducted in whole (or in part) within a dwelling or structure accessory thereto by a person residing on the premises which results in the sale of a product or service for financial gain. A home occupation is an accessory use, incidental and subordinate to the primary residential use of the property.
[Amended 1-24-2022 STM by Art. 16]
HOTEL
A building or buildings containing rooming units for transient overnight lodging accommodations, without individual cooking facilities, and having a common entrance or entrances and which may include accessory uses such as a conference facility or restaurant. As used in this bylaw, "hotel" shall not include a boardinghouse, lodging house or rooming house, or multifamily dwelling.
HOUSEHOLD
Any number of individuals living and cooking together on the premises as a single housekeeping unit, as distinguished from a group occupying a boardinghouse or lodging house, motel, or hotel.
IMPERVIOUS SURFACE
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
INDUSTRIAL USE
Assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or mineral extraction.
INSTITUTIONAL USE
Public or public/private group use of a nonprofit nature, typically engaged in public services, e.g., house of worship, nonprofit cultural center, charitable organization, or a government-owned or operated structure or land used for public purposes.
JUNKYARD/DUMP
Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.
KENNEL
One pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over owned or kept on a single premises irrespective of the purposes for which they are maintained.
LONG-TERM CARE FACILITY
A building or group of buildings which is licensed or approved by the Massachusetts Department of Public Health to provide twenty-four-hour, intensive, skilled and supportive nursing care, together with common areas and medical and treatment facilities for the care of residents.
LOT
A single area of land in one ownership defined by bounds or boundary lines in a recorded deed or shown on a recorded plan.
LOT AREA
The total area of a lot, not including the area of any street rights-of-way.
LOT COVERAGE
That portion of the lot that is covered by buildings, including accessory buildings. Lot coverage shall be determined by dividing the area of the footprint of all buildings on a lot by the total area.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT FRONTAGE
The length of a lot line(s) measured at the street right-of-way line.
LOT LINE
A line of record bounding a lot that divides one lot from another lot or from a way or any public space.
A.
LOT LINE, FRONT
A lot line separating a lot from a street right-of-way.B.
LOT LINE, REAR
A line separating a lot from other lots or from land in a different ownership, being the boundary of a lot which is opposite or approximately opposite the front lot line.C.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.LOT, CORNER
A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street having street side lines or tangents to side lines forming an interior angle of less than 135°. A lot which has legal frontage on both a public way and a proposed subdivision way and one which shall be shown on a subdivision shall be considered part of that plan.
[Amended 1-24-2022 STM by Art. 16]
MAJOR ROAD
Includes numbered federal and state highways (Routes 10, 63 and 142), Warwick Road, Maple Street, Gulf Road, and Gill Center Road, as defined by Article 23 of Northfield Town Meeting, May 6, 1986.
MANUFACTURING
The indoor manufacturing, assembly, fabrication, packaging, or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services. "Manufacturing" includes but is not limited to the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products, but does not include basic industrial processing from raw materials.
MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT
A selling price or monthly rent that does not exceed the maximum purchase price or rent guidelines of the program used to qualify affordable dwelling units for inclusion on the DHCD Chapter 40B Subsidized Housing Inventory.
MEDICAL OFFICE OR CLINIC
An establishment primarily engaged in delivering medical, surgical, psychiatric, or other health-related services to individuals on an outpatient basis, including the offices of physicians, dentists and other health practitioners, and/or outpatient care facilities.
MINING
The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
MOBILE HOME OR TRAILER
The following shall be considered a mobile home or trailer:
A.
MOBILE HOME
A manufactured home as defined in MGL c. 140, § 32Q.B.
PICK-UP COACH
A structure mounted on a vehicle chassis (self-propelled or otherwise) intended for use as a dwelling for travel, recreation or vacation use.C.
MOTOR HOME
A portable dwelling used for travel, recreation or vacation and constructed as an integral part of a self-propelled vehicle.MODULAR HOME
A dwelling that is prefabricated at a factory or other off-site location and containing complete electrical, plumbing and sanitary facilities, which is designed to be installed on a permanent foundation for permanent living quarters, excluding mobile homes and trailers. A modular home shall comply with the State Building Code.
MOTEL
A building intended and designed solely for transient or overnight occupancy divided into separate rooms within the same building, each of which has a separate outside entrance leading directly to the room, without a common entrance to the rooms, and with or without public dining room facilities, but shall not include a boardinghouse, lodging house or rooming house, or multifamily dwelling.
OFFICE
A room or group of rooms lawfully used and maintained for conducting the affairs of a business, profession, service industry, or government exclusive of the receipt, retail sale or processing of merchandise.
OPEN SPACE
Lot area not covered by any structure, and not used for drives, parking, or storage.
PERSON
An individual, corporation, owner(s), lessee, or licensee, as well as the agent for each of them.
PREMISES
A lot together with all buildings, structures, and uses thereon.
PROFESSIONAL SERVICE
The lawful use of a building or premises by a person or persons involved in the dispensation of a service that involves some specialized skills or knowledge, a learned occupation, or special education in the liberal arts or sciences, or that requires connections to other businesses not easily or readily available to the general public, including, but not limited to, medical practitioners, lawyers, accountants, architects, financial services, insurance agents, stockbrokers, engineers, realtors or other members of a recognized profession which may or may not require licensing by the Commonwealth of Massachusetts, or certification by a private accreditation society.
PUBLIC UTILITY
A public service corporation, either private or municipal, supplying or transmitting gas, water, electricity, or communications to any or all members of the public and subject to federal, state, or Town regulations by virtue of its natural or legal monopoly.
RECORDED or OF RECORD
Recorded with the Franklin County Registry of Deeds or Registry District of the Land Court, or a record title to a parcel of land disclosed by any or all pertinent public records.
RECREATION-AFFILIATED BUSINESS
A commercial use on the premises of a public or nonprofit recreation facility, such as a hotel or inn, a licensed winery, restaurant, theater, gift shop, or the leasing of recreation facilities for non-recreation-related purposes, such as weddings or parties.
RENEWABLE ENERGY
A.
Energy derived from natural resources which are regenerated over time through natural processes. Such energy sources include the sun (solar); wind; moving water (hydro and wave); organic plant materials (biomass); and the earth's heat (geothermal).
B.
Renewable energy resources may be used directly, or used indirectly to create more convenient forms of energy. Renewable energy sources also include landfill gas, fuel cells, and advanced biofuels.
RESEARCH AND DEVELOPMENT FACILITIES
Those used primarily for research, development and/or testing of innovative information, concepts, methods, processes, materials, or products. This can include the design, development and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. The accessory development, fabrication, and light manufacturing of prototypes or specialized machinery and devices integral to research or testing may be associated with research and development facilities.
RETAIL SALES, OUTDOORS
Retail sales establishments where the display of products occurs primarily outside of a building or structure, such as automotive and recreational vehicles, boats, garden supplies, farm equipment, motor homes, burial monuments, building and landscape materials, and lumberyard.
RETAIL STORE
A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Said merchandise being offered shall be stocked and displayed primarily within the building.
ROOF
The primary outside protective covering of the top of a building. This includes but is not limited to hip, gable, flat, gambrel, mansard, and shed roof types. "Roof" shall also mean the exterior protective covering affixed to the top of all other elements projecting from a building facade or its roof, including but not limited to porches, dormers, or other similar appurtenances.
SERVICES, PERSONAL
Establishments engaged primarily in providing assistance to individuals or businesses and other enterprises, including but not limited to business, social, personal, or professional services.
SERVICES, PROFESSIONAL OR BUSINESS
Service to the public which typically requires the provider of the service to obtain a license or other legal authorization. Without limiting the generality of this definition, "professional services" include services rendered by certified public accountants, public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, chiropodists, architects, veterinarians, attorneys at law, physical therapists, and life insurance agents.
SETBACK
The distance between a structure and any lot line.
SHED
A detached accessory structure not exceeding 120 square feet in gross floor area and 10 feet in height.
SIGN
See § 200-8.4, Signs.
[Amended 1-24-2022 STM by Art. 16]
STORY
The portion of a building between the upper surface of any floor and the upper surface of the floor next above, having more than 1/2 of its height above the average elevation of the finished grade adjoining the building. Any part of a building between the topmost floor and the roof shall be deemed a half story.
STREET
A.
A public way or way which the Town Clerk certifies is maintained and used as a public way.
B.
A way shown on a definitive subdivision plan approved and endorsed under the Subdivision Control Law[1] and recorded with the Franklin County Registry of Deeds that is constructed or secured through a covenant or suitable performance guarantee.
C.
A way already physically in existence on the ground when the Subdivision Control Law became effective in Northfield and having, in the opinion of the Planning Board, adequate width, construction, and grades for the needs of vehicular traffic for the existing and future buildings and uses abutting thereon or to be served thereby.
STRUCTURE
Any construction, erection, assemblage, or other combination of materials upon the land made in such a manner as to indicate a purpose that remains in its position indefinitely.
SUBSIDIZED HOUSING INVENTORY
The Massachusetts Department of Housing and Community Development Chapter 40B, Subsidized Housing Inventory, pursuant to state regulations as may be amended from time to time.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of physical, chemical, or infectious characteristics posing a significant hazard, actual or potential, to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under MGL c. 21C and c. 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
TRAILER
A vehicle without motive power designed to be drawn by a motor vehicle.
USABLE FLOOR SPACE (NET FLOOR AREA)
The total area of all floors of principal and accessory buildings or structures on a lot, excluding stairwells and elevator shafts, equipment/utility rooms, rooms used for the storage of merchandise not accessible to the public, rooms/areas dedicated exclusively for employee use, interior vehicular parking or loading; and also including all floors below the first or ground floor, except when used or intended to be used for permitted uses.
VALUE-ADDED AGRICULTURAL PRODUCT
Enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, packaging, and educational presentation, activities and tours that relate to agriculture or agricultural products. Storage, retail or wholesale marketing, or processing of agricultural products into a value-added agricultural product is permitted on any farm of five or more acres if more than 50% of the stored, processed, or merchandised products are produced by the farm operator for at least three of the immediately preceding five years.
VEHICLE REPAIR
Any building, land area, or other premises, or portion thereof, used for the maintenance, painting, servicing, repair or leasing of motor vehicles.
WINERY
The retail and/or manufacturing premises of a farmer brewery, farmer distillery, or farmer winery licensed by the Commonwealth under MGL c. 138, § 19, 19B, or 19C, respectively.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.