In this Bylaw, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings:
ACCESSORY BUILDING
A building devoted exclusively to an accessory use as herein defined, and not attached to a building containing the principal use.
ACCESSORY SIGN
Any sign whose subject matter relates exclusively to the premises on which it is located, or to the occupants or activities of those premises.
ACCESSORY USE
An activity incidental to and located on the same premises as a principal use conducted by the same person or his agent. No use (other than parking) shall be considered "accessory" unless functionally dependent on and occupying less land area than the principal use to which it is related and occupying less than one quarter as much habitable floor area as that principal use.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in G.L., c. 272, s. 31.
ADULT DANCE CLUB
An establishment which, as its principal form of entertainment, permits a person or persons to perform in a state of nudity as defined in G.L.,c. 272, s. 31.
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 G.L., c 272, s. 31.
ADULT MOTION PICTURE THEATER
An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in G.L., c 272, s. 31.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock in trade videos, and other matter which are distinguished as characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in G.L., c. 272, s. 31.
AGRICULTURAL USE
Includes horticulture, floriculture, and viticulture, and comprises the production of crops, raising of livestock, raising nursery stock, or forestry, including incidental thereto preparations for market, storage, and delivery, but not the sale at retail of the products.
AGRICULTURAL USE, EXTENSIVE
Agriculture other than "intensive."
AGRICULTURAL USE, INTENSIVE
Agriculture on parcels of less than three acres, with buildings having more than 500 square feet floor area or 5,000 cubic feet volume, or with livestock raising.
AMBULANCE DISPATCH OPERATION
A facility from which ambulances or other emergency medical vehicles are dispatched for service to the public.
ARTERIAL STREET
Any state or federal-numbered highway, or any other street having right-of-way width of 60 feet or more.
ASSISTED LIVING RESIDENCE
A residential development subject to certification by the executive office of elder affairs, which provides room and board; provides assistance with activities of daily living for three or more adults who are not related by consanguinity or affinity to their care provider; and collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance. Dwelling units in assisted living residences shall not be considered to be multifamily units.
BOARD OF APPEALS
The Board of Appeals established under this Zoning BYLAWS (in contradistinction to the Board of Appeals established under the building code or under any other town BYLAWS, rule or regulation or other provision of statute).
BOARDER
An individual other than a family member occupying a dwelling unit who, for consideration, is furnished sleeping accommodations, meals, and may be provided personal care or other services, but excluding guests at a bed and breakfast.
BODY ART
The practice of physical adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine in the Commonwealth, such as implants under the skin which shall not be performed in a body art establishment.
BODY ART ESTABLISHMENT
A specified place or premise that has been granted a permit by the Norwood Board of Health, whether public or private, where the practice of body art is performed.
BUILDING
Any structure having a roof for the shelter, housing, or enclosure of persons, animals, chattels, or property of any kind.
BUILDING, ATTACHMENT OF
The construction of a building adjacent to an existing building, or to another building being constructed at the same time, in such a manner as to be structurally united therewith by a median wall or walls of not less than twelve feet common length, provided that there is no direct communication between the two buildings except for possible utilities.
BUILDING HEIGHT
The vertical distance from the average of the finished ground level at the center of all walls of a building to the highest point of the roof surface. Not included in the measurement are parapets or cornices extending no more than five feet above their intersection with the roof, spires, cupolas, elevator head-houses, water tanks, chimneys, ventilators, pipes and similar apparatus not devoted to human occupancy and not aggregating more than 25% of the ground area covered by the building.
BUILDING MOUNTED WIRELESS COMMUNICATIONS LINK
Any Wireless Communications Link mounted on, erected on, or supported in whole or part by an existing building or structure (including without limitation, buildings, water towers, smoke stacks, cupolas, church spires, and the like) occupied and/or used primarily for other purposes.
BUILDING TRADESMAN
Office and interior storage and preparation space for a builder, carpenter, electrician, landscaper, mason, painter, paperhanger, plumber, roofer, or similar building trades. Cable Television Studio: Facilities for television production and transmittal, including office space, studio and other production space, earth stations, and antennae, but not including tower structures.
CHILD CARE CENTER
A facility as defined in G.L. c. 15D, s. 1A.
CLINIC
An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, or other medical personnel, psychologists, or social workers and where patients are not lodged overnight.
COMMERCIAL BOARDING OR TRAINING KENNEL:
An establishment used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal; provided, however, that "commercial boarding or training kennel" shall not include an animal shelter or animal control facility, a pet shop licensed under M.G.L. c. 129, § 39A, a grooming facility operated solely for the purpose of grooming and not for overnight boarding or an individual who temporarily, and not in the normal course of business, boards or cares for animals owned by others.
[Added 3-21-2024 STM by Art. 2]
COMMERCIAL BREEDER KENNEL
An establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers or pet shops in return for consideration.
[Added 3-21-2024 STM by Art. 2]
COMMERCIAL RECREATION, INDOORS
Theater, motion picture house, bowling alley, dance hall, pool room, and the like.
COMMERCIAL RECREATION, OUTDOORS
Boat livery, outdoor ice skating rink, recreation camp, ski ground, riding academy or stable, golf driving range, miniature golf course, and the like.
CONSTRUCTED
The word "constructed" shall be construed to include the words "built," "erected," "reconstructed," "altered," "enlarged," "moved," and "placed."
DEVELOPMENT
Any manmade change to improved or unimproved real estate, including but not limited to erection, placement, or demolition of buildings or structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DRIVE-THROUGH WINDOW
A device located on one side of a building through which customers receive services, food or merchandise while remaining in their motor vehicles.
DRUGSTORE
A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devises and supplies, and nonprescription medicines but where nonmedical products may be sold as well.
DWELLING
A building or part of a building used exclusively as the living quarters for one or more families.
DWELLING, MULTIFAMILY
Three or more dwelling units on a single lot, irrespective of structure type, ownership or tenure.
DWELLING, SINGLE-FAMILY
A detached residential building intended and designed to be occupied exclusively by a single family.
DWELLING, TWO-FAMILY
A detached residential building intended and designed to be occupied exclusively by two families.
DWELLING UNIT
A building or portion of a building intended as living quarters for a single family, having a single set of kitchen facilities (a stove plus either or both a refrigerator and sink) not shared with any other unit.
EARTH REMOVAL
Removal from any premises of soil, top soil, loam, peat or other organic materials, sand, gravel, stone or other earth products, except as exempted under Section 7.2.
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 overland, 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.
FACADE
The entire building front including the parapet at the building's street address.
FAMILY
Not more than four (4) unrelated individuals cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond.
FAMILY DAY CARE HOME
Any operation as defined in G.L. c. 15D, s. 1A.
FARMSTAND
Salesroom or stand for the sale of nursery, greenhouse, garden or other produce, including articles of home manufacture from such produce, provided that from June through September the majority of such products have been raised on the premises or made from the products so raised.
FITNESS CENTER
An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers, in some combination thereof.
FLEX SPACE
The sale, lease or rental of space within a structure or multiple structures that allow a combination of uses, where the uses within that Flex space meet with the following criteria:
A.
All of the uses within the building area committed to Flex space must be allowed as-of-right within the LM and LMA district.
B.
Changes in products, services and square footage of uses within a structure identified for Flex Space otherwise conform to the Bylaws.
C.
The floor area committed to each use is unrestricted.
FLOOR AREA, GROSS
The sum of the horizontal areas of the several floors of all buildings on the same lot, measured from the exterior face of exterior walls (or from the centerline of a wall separating two buildings), including elevator shafts and stairwells at each floor and interior balconies and mezzanines, but not including interior vehicle parking or loading areas, cellars with walls more than 50% below grade, and areas having less than six feet floor to ceiling height.
FLOOR AREA, NET
Gross floor area minus elevator shafts, stairwells, interior balconies and mezzanines, and any common public areas.
FLOOR AREA RATIO
The ratio of gross floor area to the lot area of the premises.
FREESTANDING, EXTERIOR WIRELESS COMMUNICATIONS LINK
Any out of doors Wireless Communications Link mounted on, erected on, or supported by any freestanding monopole, lattice tower, or any other similar freestanding structure.
HOME OCCUPATION
A business, profession, or trade engaged in within an existing dwelling or building accessory thereto by a resident thereof as a use accessory thereto.
HOTEL, MOTEL, ROOMING HOUSE, BOARDING HOUSE OR LODGING HOUSE
A building or group of buildings containing guest units providing transient accommodations to the general public for compensation, and as an accessory use not more than a single dwelling unit, but not including furnishing of room and board to fewer than four persons as an accessory use.
IMPERVIOUS
Impenetrable by surface water, or having a percolation rate longer than 30 minutes per inch.
INDEPENDENT LABORATORY
An independent laboratory that tests marijuana as required by 105 CMR 725.105(C) (or its successor regulation).
JUNK
Any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use (but not including any article of material which, unaltered or unchanged and without further reconditioning can be used for its original purposes as readily as when new).
LABORATORY, RESEARCH
Laboratory or research establishments including biotechnology companies, but excluding laboratories categorized as Level 4 by the National Institutes for Health.
LIVESTOCK RAISING
The raising or harboring of cattle, horses, sheep, hogs, goats, rabbits, poultry, or similar farm animals.
LOGO
A salesmark, trademark, symbol, word, words, or other design representing a product, corporation, company, or organization.
LOT
A single continuous parcel of land held in identical ownership throughout, and defined by metes, bounds or boundary lines in a recorded deed or on a recorded plan.
LOT AREA
The horizontal area of a lot exclusive of any area in a street or recorded way open to public use. At least 90% of the lot area required for compliance with lot area requirements shall also be exclusive of areas subject to protection under the Wetlands Protection Act, G.L. c. 131, s. 40, for reasons other than being subject to flooding.
LOT COVERAGE
The percentage of lot area covered by structures.
LOT FRONTAGE
The boundary of a lot abutting on a legally and physically accessible street, measured continuously along one street line between side lot lines. In the case of corner lots, lot frontage is measured between the side lot line and the midpoint of the corner radius, measuring on the street which has been designated as the frontage street by the owner or, failing that, has been so designated by the inspector of buildings.
MAJOR RECREATIONAL EQUIPMENT
A noncommercial trailer, a boat on or off of a trailer, or a recreational vehicle.
MANUFACTURING
A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding the following: Acid manufacture; Cement, bituminous concrete or asphalt manufacture; lime, gypsum or plaster of paris manufacture; Production of chlorine or similar noxious gases; Distillation of bones; Drop-forge industries manufacturing forging with power hammers; Manufacture or storage of explosives in bulk quantities; Fertilizer manufacture; Garbage, offal, or dead animal reduction or dumping; Glue manufacture; Hair manufacture; Petroleum refining; Processing of sauerkraut, vinegar or yeast; Rendering or refining of fats or oils; Smelting of tin, copper, zinc or iron ore, including blast furnace or blooming mill; Stockyard or feeding pen; Slaughter of animals, not including the killing of fowl.
MANUFACTURING FACILITIES RENEWABLE AND ALTERNATIVE ENERGY
Manufacturing facilities for renewable and alternative energy are those used primarily for heavy or light industry or the manufacturing or assembly of a product including processing, blending, fabrication, assembly, treatment and packaging.
MANUFACTURING, LIGHT
Light industry or light manufacturing: Includes the following (with related offices), provided that such uses shall not include the sale or transfer of flammable liquids, gas, explosives or other potentially hazardous materials, except for the uses operating under a license granted under the authority of Chapter 148 of the Massachusetts General Laws as of the date of this ordinance:
A.
Assembly of previously prepared or manufactured parts;
B.
Machine shops or other metal working;
C.
Printing and graphic arts establishments;
D.
Manufacture, compounding, processing, packaging, stamping or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceutical and biotechnical, toiletries and food products, and wood, but not including the rendering of fats or oils.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, all as defined under Massachusetts General Laws Chapter 94G, Section 1.
MEDICAL MARIJUANA TREATMENT CENTER
A not-for-profit entity registered under 105 CMR 725.100, to also be known as a Registered Marijuana Dispensary (“RMD”), that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, an RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
MOTOR VEHICLE SERVICE STATION
Premises devoted primarily to retail sale of fuels and lubricants, with any repair services or other sales or services of secondary importance with accessory sale of fast food or nonautomotive related goods or food.
MUNICIPAL SERVICES
Facilities owner or operated by the Town of Norwood for the public benefit.
NON-ACCESSORY SIGN
Any sign that advertises or designates a product or service not on the premises on which the sign is located.
NONCONFORMING LOT
A legally created lot which does not comply with the applicable dimensional regulations (area, frontage, or width) for the zoning district in which it is located, but which complied with the applicable dimensional regulations when the structure was erected.
NONCONFORMING STRUCTURE
A legally erected building or other structure which, in conjunction with its lot, does not comply with the applicable dimensional regulations (setback, yard, height, lot coverage, open space, or floor area ratio) for the zoning district in which it is located, but which complied with the applicable dimensional regulations when the structure was erected.
NONCONFORMING USE
A lawfully existing use or activity which does not comply with the use regulations for the zoning district in which it is located, but which complied with the applicable use regulations when the use was established.
OPEN LOT STORAGE
The storage of goods, equipment, materials, supplies, tools, or any other commodity on a lot open to the air and not within a weathertight building or structure.
OPEN SPACE
Lot area not covered by any structure other than a swimming pool, or by paving other than that limited to recreational use.
PARKING, COMMERCIAL
For-profit parking facility open to the public for a fee.
PARKING LOT
Three or more parking spaces together with internal islands, dividers, walks, and landscaping, plus vehicular drives which abut those elements, but not including other portions of entrance or exit drives.
PARKING SPACE
An area intended for parking of one automobile, provided that the area's dimensions and access meet standards adopted and from time to time amended by the Norwood Planning Board. Does not include spaces for storage or display of vehicles intended for sale, but where so provided in the planning board standards, may include spaces requiring attendant assistance for auto access.
PERSON
A corporation, company, association, society, firm, partnership, joint stock company, cooperative, or condominium association, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof.
PERSONAL KENNEL
A pack or collection of more than three dogs, three months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed or for use in legal sporting activity or for other personal reasons; provided further, that selling, trading, bartering or distributing such breeding from a personal kennel shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops; provided further, that a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally owned dog; and provided further, that dogs temporarily housed at a personal kennel, in conjunction with an animal shelter or rescue registered with the department, may be sold, traded, bartered or distributed if the transfer is not for profit.
[Added 3-21-2024 STM by Art. 2]
PERSONAL OR CONSUMER SERVICE
Premises primarily engaged in providing services involving the care of a person or his or her apparel or household equipment, including barber or beauty shop, tanning studio, laundry or dry cleaning collection or self-service facility, shoe or hat repair shop, tailor, dressmaker, photo processing or studio, repair shop for bicycles or household appliances, radio, or TV sets and pet grooming.
PREMISES
One or more contiguous lots in the same ownership or use, together with all buildings and structures thereon.
PRINCIPAL BUILDING OR USE
A building or use not "accessory" as herein defined.
PRIORITY DEVELOPMENT SITE(S)
A property or properties designated as such by majority vote of Town Meeting and subsequent approval of the Interagency Permitting Board established by G.L. c. 23A, § 62, all pursuant to G.L. c. 43D, being identified in the Assessor’s records as Map 15, Sheet 7, Lots 1 and 4; Map 15, Sheet 8, Lot 1; Map 15, Sheet 11, Lots 1, 2, 22, 40, 41, 42, 43, 44, 45, 52, 58, 62, 63, 64 and 65; Map 15, Sheet 13B, Lots 8, 9, 11, 13 and 15; Map 15, Sheet 14, Lots 30, 46, 51, 56, 59, 60, 61, 67 and 68; Map 15, Sheet 22, Lots 1, 3, 4, 5A, 10, 11, 13, 55 and 73; Map 15, Sheet 23, Lot 1; Map 16, Sheet 8, Lot 4; Map 22, Block 5, Lot 22; Map 22, Block 7, Lots 2 and 3; Map 22, Block 11, Lots 103 and 104; Map 22, Block 12, Lot 2; Map 22, Block 14, Lot 24; Map 22, Block 15, Lot 1; Map 22, Block 12, Lot 6; Map 22, Block 14, Lot 1; Map 22, Block 18, Lot 1; Map 22, Block 14, Lots 3 and 22; Map 22, Block 5, Lots 1,3, and 4; Map 22, Block 1, Lots 3 and 6; Map 22, Block 14, Lot 4; Map 22, Block 6, Lot 2; Map 22, Block 11, Lot 101; Map 22, Block 12, Lot 1; Map 22, Block 11, Lot 107; Map 22, Block 15, Lot 5; and Map 22, Block 14, Lot 2. Final action on application(s) relating to the use or development of Priority Development Site(s) (PDS), or the buildings and/or structures thereon, shall be taken within one hundred eighty (180) days, subject to extension as per G.L. c. 43D and 400 CMR 2.00, et seq.
PROJECTING SIGN
Any sign which is attached to a building or other structure which projects more than twelve (12) inches from the wall surface of the building or structure of which the sign is positioned.
RECONSTRUCTION, PARTIAL
The reconstruction of a structure with at least one wall standing, as compared to reconstruction after total demolition.
RESEARCH AND DEVELOPMENT FACILITIES RENEWABLE AND ALTERNATIVE ENERGY
Research and development facilities for renewable and alternative energy are those uses 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, electric, 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 these uses.
RESTAURANT
Establishment where as the principal activity food and drink is prepared and served ready for consumption without further processing, whether or not for consumption on the premises, including lunch room, cafeteria, cafe, bar, refreshment stand, drive-in, or similar establishment.
SECONDARY SIGN
A wall sign placed on a wall other than that designated by the owner as the "front wall" of the building, located in relation to a separate building, entrance, or frontage on a street or parking area.
SEPARATE OCCUPANT
An enterprise or other activity having facilities operated and secured separately from any other occupant within the same building or complex.
SETBACK
The distance from the street line to the nearest point of any structure or element thereof other than a fence, wall, other customary yard accessory, projections allowed to encroach on building lines by the State Building Code, or an unroofed porch, deck or terrace not exceeding four feet in height above the average level of the adjoining ground.
SIGN
Any letter, word, symbol, drawing, picture, design, device, article or object designed to advertise, inform, or attract the attention of persons not on the premises on which the device is located, including devices on awnings. The following, however, shall not be considered signs within the context of this BYLAWS.
A.
Any temporary or permanent sign erected and maintained by the town, county, state, or federal government for traffic direction or for designation of or direction to any public building or property, historical site, hospital, or public service facility or property.
B.
Flags and insignia of governmental jurisdictions, except when displayed for the purpose of commercial promotion.
C.
Devices limited solely to directing traffic within or setting out restrictions on the use of parking areas and not exceeding three square feet in area or containing any commercial advertisement.
D.
The standard type of gasoline pump bearing thereon in the usual size and form, the name and type of gasoline and the price thereof.
E.
Devices identifying a building, as distinct from one or more of its occupants, such device being without illumination or letter color contrasting with background, not exceeding three square feet in area, attached in such a way as to be an integral part of the building.
F.
Address identification through numerals and letters.
G.
A two-sided sign with message on opposite sides (back-to-back) will be deemed to be one sign; a sign with faces at an angle to each other shall be deemed to consist of several signs, one for each direction faced.
SIGN AREA
The area of the smallest rectangle or circle within which the entire sign can fit; including any portion of the structural supports which contribute through shape, color, or otherwise to the sign's message; and including any separate surface, board, frame or shape on or within which the sign is displayed. For signs the components of which are applied directly to a building or other structure, the sign area shall include any background of a different color, material, or appearance from the remainder of the wall or structure, and shall in any event enclose all letters, figures, or representations related to the sign.
SIGN HEIGHT
Measured to the highest point of the sign, including any structural or ornamental projections above the sign proper, from the grade abutting the sign.
STREET
Either a public or a private way, provided that it is either shown on a plan approved in accordance with the subdivision control law or has been determined by the planning board to provide adequate access under the terms of the subdivision control law and the Norwood Subdivision Regulations.
STREET LINE
The right-of-way line of a street, assumed to be 25 feet from and parallel to the centerline of the traveled roadway where no such right-of-way line has been established or can be readily determined, or where the street right-of-way is less than 50 feet wide.
STANDING SIGN
Any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to a building.
STRUCTURE
A combination of materials assembled at a fixed location to give support or shelter or for other purposes, including buildings, frameworks, flagpoles, tents, signs, fences, antennae, wind turbines, water tanks and towers, signs and the like.
SWIMMING POOL
A body of water contained in an artificial or semiartificial receptacle whether in or above the ground, or created by artificial means from a natural watercourse, and all appurtenances, equipment, appliances and other facilities for its operation, maintenance or use, used or intended to be used for swimming, wading or recreational bathing, but not including portable pools incapable of containing a depth of water exceeding twenty-four inches at any point.
TEMPORARY BUILDING OR STRUCTURE
A tent, POD, canvas or plastic shelter or garage, construction shanty, or similarly portable or demountable structure intended for continuous use for not longer than one year.
TEMPORARY SIGN
Any sign, regardless of construction, whose message has a limited period of usefulness, such as signs related to sales or civic events or real estate transactions.
Temporary use: A use which, by its inherent nature, is of limited duration, such as an on-site real estate sales office.
TOXIC OR HAZARDOUS MATERIALS
Any material, waste, product, or substance, or combination thereof deemed hazardous under the Massachusetts Hazardous Waste Management Act, MGL c. 21C, the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act, MGL c. 21E, the Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USC 9601 et seq., as these may be amended. Hazardous materials shall also include oil and petroleum derivatives, including waste oils, crude or fuel oils, lube oil or sludge, and fresh asphalt. In determining applicability of this definition, the inspector of buildings shall, in appropriate cases, consult with the fire chief, hazardous materials coordinator, or other officials.
TRAILER
Any of the various types of vehicles which depend for mobility on an attached vehicle or other propelling apparatus, and which are used, or may be used, for human habitation or for business purposes. Any trailer which by removal of wheels, by anchoring to a foundation, by incorporation with a fixed structure, or otherwise has its mobility reduced, shall nevertheless be considered as a "trailer" within the scope of this BYLAWS, except trailers having a gross weight of less than one thousand pounds and whose height does not exceed four feet.
TRUCK TERMINAL
Premises principally used for the parking, dispatching, and maintenance of trucks and/or loading or unloading of cargo into vehicles, but with only incidental storage on the premises and not including such activities if accessory to a principal use, such as a warehouse or processing operation.
USED
The word "used" shall be construed to include the words "arranged," "designed," "converted," "rented," or "leased to be used."
WALL SIGN
Refers to any and every sign affixed to a building.
WINDOW SIGN
Any sign either attached to a window or door, or partially or wholly located within 12" of the glass and visible through it.
WIRELESS COMMUNICATIONS LINK
Wireless Communications Link consisting exclusively of fixtures and equipment used by a public utility or FCC-licensed commercial entity for the wireless transmission and reception of radio signals including reception and transmission equipment and fixtures such as antennae, communication dishes and similar devices, structures that are erected and used primarily to support such reception and transmission equipment including, without limitation, monopoles and lattice towers, and any accessory mechanical, electronic, or telephonic equipment, fixtures, wiring and protective covering customary and necessary to operate such wireless communications equipment. A Wireless Communications Link is a transmission and reception substation, not a principal facility for conducting a communications business. Wireless Communications Link shall not include television and radio station transmission antennae.
YARD
An area open to the sky, located between a property line and any structure or element thereof other than a fence, wall, other customary yard accessory, projections allowed to encroach on building lines by the State Building Code, or an unroofed porch, deck or terraces, not exceeding 4 feet in height above the average level of the adjoining ground.
YARD, REAR
A yard abutting a rear property line, which typically is a line or set of lines approximately parallel to the street frontage, (or within 45 degrees of being parallel), and separating lots whose frontage is established on different streets. Yards on irregularly shaped lots where "side" versus "rear" is indeterminate shall be construed as rear yards.
YARD, SIDE
A yard abutting a side property line, which typically is a line or set of lines which intersect a street line, separating lots whose frontage is established on the same street, extending between the front setback and the rear yard. Corner lots commonly have two side yards and no rear yard.