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Orleans City Zoning Code

ARTICLE II

Definitions

§ 164-2.1 Definitions.

To make clear certain terms used in this chapter, the following meanings shall apply unless a contrary intention clearly appears:
A-FRAME SIGN/SANDWICH BOARD SIGN
A portable freestanding sign or folding sign with a hinge at the top.
ACCESSORY DWELLING
A subsidiary dwelling unit created within, detached from, or as an extension to an existing single-family dwelling.
ACTIVE GROUND FLOOR USE
A non-residential land use designed to encourage pedestrian activity and regularly serve the public. Such uses may include retail stores, food service establishments, personal services, or artistic, cultural, or entertainment venues.
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 MGL c. 272, § 31.
ADULT CABARET
Any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in MGL c. 272, § 31.
ADULT MOTION PICTURE THEATRE
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 MGL c. 272, § 31.
AFFORDABLE HOUSING UNIT
A dwelling unit reserved in perpetuity for rental or ownership by a qualified affordable housing unit purchaser or tenant as defined herein and priced to conform with the standards of the Executive Office of Housing and Livable Communities (EOHLC) Local Initiative Program Guidelines, in order that such affordable units shall be included in the EOHLC Subsidized Housing Inventory.
AMATEUR RADIO TOWER
Any structure (lattice tower, monopole, or other) intended to support equipment, including antennas, microwave dishes, wiring, and other devices attached thereto, utilized in connection with the reception or transmission of electromagnetic radiation for the purpose of radio communications by a federally licensed amateur radio operator.
AMUSEMENT PARK
An outdoor commercial enterprise other than an itinerant circus or carnival which includes 1 or more of the following types of amusements: roller coasters, amusement rides, water slides, shooting galleries or other paraphernalia for amusement or entertainment purposes.
APARTMENT
A structure, regardless of form of tenure, containing 3 or more dwelling units, or a mixed-use structure containing 3 or more dwelling units having a majority of floor area devoted to non-residential use, except that up to 4 dwelling units may be contained in a commercial structure without being considered an apartment (see § 164-7.11 and § 164-3.1).
AQUIFER
A porous water-bearing geologic formation generally restricted to material capable of yielding an appreciable supply of water.
ATTAINABLE HOUSING UNIT
A dwelling unit reserved for year-round rental or ownership by a qualified attainable housing unit purchaser or tenant as defined herein.
BACK LIT SIGN
A sign illuminated by a non-visible light source consisting of non-translucent lettering and where the only visible light is light reflected off the background creating a "halo" effect. The average face brightness of the sign must not exceed 30 foot-lamberts, and the total light output from the sign must not exceed 15,000 lumens, as measured with an exposure meter. In all cases, the primary source of light must not be visible to the public. The sign fabricator or his designated agent shall certify to the Building Commissioner after installation that the average face brightness of the sign does not exceed the specifications of the article before the installation may be used.
BANNER SIGN
A sign of lightweight, plastic, fabric, or similar non-rigid material that is temporarily mounted.
BENEFICIAL OPEN SPACE
An area of land, not including streets, parking lots, or driveways, that is designed and maintained for outdoor recreational or leisure activities and intended to provide communal areas for residents and to preserve the natural character of a site.
BUILDABLE UPLAND
That land which is contiguous, not in the Conservancy District, and which is not:
A. 
A swamp, pond, bog, dry bog, salt marsh, coastal bank, coastal beach, coastal dune;
B. 
Area of exposed ground water; nor
C. 
Subject to flooding from storms and mean high tides. (See § 164-5.4 and § 164-5.1). The terms "swamp," "pond," "salt marsh," "coastal bank," "coastal beach," or "coastal dune," as used in this section, shall be defined as in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and the regulations issued thereunder, 310 CMR 10.
BUILDING
A structure enclosed with exterior walls or firewalls, whether portable or fixed, built, erected, and framed, and having a roof for the shelter of persons, animals, or property. For the purposes of yard requirements, decks shall be considered part of a building but shall not count towards the building coverage of the lot.
BUILDING COVERAGE
The buildable upland portion of a lot which is covered by buildings, as well as porches and bulkheads, but excluding parking areas, pools, decks, or any permanent structures which do not have roofs.
BUILDING HEIGHT
The vertical distance from the average undisturbed existing natural grade at the foundation on the street side of the building to the top of the ridge. Except as otherwise provided in § 164-4.4B, or § 164-7.15C(4) Non-Commercial Wind Facilities, the only portions of a structure permitted above the ridge line shall be chimneys, air conditioning equipment, skylights, ventilators and antennae and other like features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy and which in no event shall exceed 5 feet above the ridge line. See § 164-3.11C(3) for third floor housing allowance in the Village Center District.
CHANGE OF USE
Either the establishment of a commercial use in an existing commercial or industrial space where the resulting commercial use constitutes a different use category than the existing commercial use pursuant to the use regulation schedule at § 164-4.2, or a use which by reason of its normal operation, would cause readily observable and substantial differences from the existing use in one or more of the following: patronage, service, noise, employment, appearance, parking, traffic or other similar characteristics.
COMMERCIAL STRUCTURES WITH DWELLING UNITS
A structure with mixed uses, containing dwelling units, including buildings containing office, retail or other non-residential use together with the dwelling units. Any mixed use containing more than 4 dwelling units shall be regulated as Apartment Development under § 164-7.10.
COMMUNICATION APPURTENANCE
Any antenna, device, wiring or equipment utilized in connection with the reception or transmission of electromagnetic radiation and which is attached to a pre-existing structure. This definition does not include a communication tower or monopole.
COMMUNICATION BUILDING
Any building utilized primarily for the installation and operation of equipment for generating and detecting electromagnetic radiation and which is accessory to a communication structure.
COMMUNICATION MONOPOLE
Any cylindrical pole structure intended to support equipment used for the transmission and reception of electromagnetic radiation including antennas, wiring or other devices attached thereto.
COMMUNICATION STRUCTURE
Any structure intended to support equipment used for the transmission and/or reception of electromagnetic radiation, including communication towers, monopoles, antennas, wiring or other devices attached thereto, including guy wires.
COMMUNICATION TOWER
Any multi-sided structure intended to support equipment used for the transmission and reception of electromagnetic radiation including antennas, microwave dishes, wiring or other devices attached thereto.
CONGREGATE DWELLING
A residence for 6 or more unrelated persons, single or couples, with some shared facilities and shared services primarily as a convenience but with no licensed care.
CONGREGATE HOUSING UNIT
Accommodation for not more than 6 persons in a congregate dwelling, sharing a single kitchen.
CONSERVANCY DISTRICT
See § 164-3.14.
CONTRACTOR YARD
A premises which is used by a building contractor or other tradesman or landscaper for the fabrication of subassemblies or the storage of supplies or equipment. For the purpose of this bylaw a single vehicle used by the owner for the storage of small items of material and equipment that are used on a day-by-day basis in carrying out his trade, and/or used by the owner for transportation purposes, shall not be classified as a contractor's yard.
COTTAGE COLONIES
Any group of 2 or more rental cottages on a parcel of land.
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.
CUSTOMARY OR SELF-EMPLOYED HOME OCCUPATIONS
This term shall include carpenters, electricians, painters, plumbers, paper-hangers, and shellfish opening, as customarily carried on in the Town, masons, radio and TV repairs, dressmaking, hand laundering, home handicrafts, home cooking, lawn mower and bicycle repairs, the practice of any recognized profession and any others of similar nature, which may be approved on Special Permit by the Zoning Board of Appeals, provided it is not injurious, noxious and offensive to the neighborhood, and provided there is no outside display of goods. This definition does not include a home office which has no non-occupant employees, on-site sales, or any other external evidence of the occupation.
DOG KENNELS
One pack or collection of dogs on a single lot, maintained for breeding, boarding, sale, training, hunting or other commercial purposes and specifically including every pack or collection of more than 3 dogs three-months old or over, owned or kept on a single lot for any purpose, other than 3 or more dogs kept solely as personal pets of the owner of the dogs.
DOUBLE-FACED SIGN
A double-faced sign shall have 2 advertising surfaces of identical shape and size, on shared supports and separated by a distance of not more than 18 inches. The planes of such advertising shall be parallel.
DWELLING
A building or portion thereof used exclusively for residential purposes, including one or multiple dwelling units, but not including a facility offering transient lodging accommodations to the general public.
DWELLING UNIT
One or more rooms intended as a single housekeeping unit for the use of 1 or more individuals living together, and having cooking, sanitary and sleeping facilities. A "dwelling unit" does not include garages, sheds or an accessory or additional structure, whether attached or unattached.
FENCE
A combination of materials assembled at a fixed location for the purposes of protection, confinement, enclosure, or privacy. Any fence, that exceeds 7 feet in height, as measured from the undisturbed existing natural grade, shall be setback from the lot line a distance equal to the height of the fence. Trees, hedges, plants and all other vegetation shall not be considered a fence.
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, but not including interior parking or loading areas, cellars with walls more than 50% below grade and areas having less than 6 feet of floor-to-ceiling height.
GROUNDWATER PROTECTION DISTRICT
One of 3 such areas which together comprise the entire Town of Orleans and for which there are specified lot requirements and use restrictions.
GUEST HOUSE
A separate structure accessory to a single-family dwelling or two-family dwelling and containing sleeping and toilet facilities.
HOTEL, MOTEL or MOTOR INN
A group of rental units for human habitation under one roof which shall not provide space for cooking within each unit and may include an apartment and office for the resident manager as well as customary public facilities for the patrons. "Hotels, motels or motor inns" shall be considered a business use of the land occupied.
INDEPENDENT TESTING LABORATORY
A laboratory that is licensed by the Cannabis Control Commission and is:
Accredited to the International Organization for Standardization 17025 (ISO/IEC 17025: 2017) 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;
Independent financially from any medical marijuana treatment center (RMD), marijuana establishment or licensee for which it conducts a test; and
Qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
INTERCONNECTION
A physical connection, resembling a driveway, between 2 parking lots or parking areas, either private or public, that allows for site traffic to circulate conveniently and safely between the areas without traveling on or crossing public roadways.
INTERNALLY ILLUMINATED SIGNS
A sign illuminated by a light source, either incandescent, fluorescent, neon, or other light that is enclosed by the sign panel(s) or within the sign.
LADDER SIGNS
A sign identifying several businesses located on the same property or within a shopping plaza.
LODGING HOUSE
A structure originally designed as a dwelling unit for single-family use which may be converted to provide not more than 5 rentable sleeping rooms for not more than 10 individuals with a family resident in said dwelling, and may provide a common dining area within the facility. It may include a boarding house, tourist home, rooming house, and bed-and-breakfast but does not include a hotel, motel or motor inn.
LOT
An area of land with definite boundaries that is used or available for use as the site of a building or buildings.
LOT COVERAGE
The buildable upland portion of a lot which is covered by buildings, structures, or impervious surfaces including driveways, walkways, patios, decks, swimming pools, and other paved or non-porous surfaces.
LOT FRONTAGE
The boundary of a lot coinciding with a street line if there are both rights of access and potential vehicular access across that boundary and the street either has been determined by the Planning Board to provide adequate access to the premises under the provisions of the Subdivision Control Law and the Orleans Subdivision Regulations or is shown on an approved definitive subdivision plan; measured continuously along one street line between side lot lines or, in the case of corner lots, between one side lot line and the midpoint of the corner radius.
LOT SHAPE NUMBER
The number resulting from the division of the square of the perimeter by the square feet of area of the lot or said portion thereof. [Perimeter2/Lot Sq Ft = <22] A lot may have a shape number greater than 22 provided that the site intended for building, respective of yard requirements, is contained within a portion of said lot and said portion consists of at least 40,000 square feet of buildable upland and has a shape number not exceeding 22.
MARIJUANA
The same substance defined as "marihuana" under MGL c. 94C.
MARIJUANA COURIER
An entity licensed to deliver Finished Marijuana Products, Marijuana Accessories and Branded Goods directly to Consumers from a Marijuana Retailer, or directly to Registered Qualifying Patients or Caregivers from an MTC, but is not authorized to sell Marijuana or Marijuana Products directly to Consumers, Registered Qualifying Patients or Caregivers and is not authorized to Wholesale, Warehouse, Process, Repackage, or White Label. A Marijuana Courier is an additional license type under M.G.L. c. 94G, § 4(b)(1) that allows for limited delivery of Marijuana or Marijuana Products to Consumers; and shall not be considered to be a Marijuana Retailer under 935 CMR 500.002 or 500.050 and shall be subject to 935 CMR 500.050(1)(b).
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 (ME)
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 FOR MEDICAL USE
Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in MA Department of Public Health Regulation 105 CMR 725.000.
MARIJUANA MICROBUSINESS
A co-located marijuana establishment that can be either a Tier 1 marijuana cultivator or product manufacturer or both, in compliance with the operating procedures for each license. A microbusiness that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.
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 RESEARCH FACILITY
An entity licensed to engage in research projects by the Cannabis Control Commission.
MARIJUANA RETAILER
An entity licensed to purchase, Repackage, White Label, and transport Marijuana or Marijuana Product from Marijuana Establishments and to Transfer or otherwise Transfer this product to Marijuana Establishments and to sell to Consumers. Unless licensed, retailers are prohibited from offering Marijuana 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, which 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.
MARINA
A boat basin and/or boatyard which provides facilities for mooring boats, storage and servicing of all types of recreational craft, including supplies and repairs.
MARINE INSTALLATION
A marina which includes such additional facilities as restaurants, cocktail lounges, luncheonettes, automatic laundries, waterskiing and skin-diving supplies and instruction, children's play areas, apparel shops, boat rentals, club houses, yacht sales and brokerage offices and transient residential accommodations.
MEDICAL MARIJUANA FACILITY
Shall mean a "Medical marijuana treatment center" to mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.
MIXED-USE DEVELOPMENT
Development containing a mix of residential uses and non-residential uses, including, without limitation, commercial, institutional, industrial, or other uses.
MOBILE CAMPING UNIT and MOBILE BUSINESS UNIT
Any vehicle or object on wheels which is so designed and constructed or reconstructed or added to by means of such accessories as to permit the vehicle to travel over the highways and as to permit the use thereof for camping, living or business purposes, whether resting on wheels, jacks or other foundations, and shall include the type of vehicle commonly known as a "mobile home". A trailer, when used for dwelling or business purposes and affixed to land, shall remain and be considered a trailer for all purposes of this chapter. The words "mobile camping unit" and "mobile business unit" shall include travel trailers, self-powered camping units, expandable camping units and similar camping devices.
MOBILE FOOD ESTABLISHMENT
A motorized vehicle or unmotorized wheeled vehicle from which food or drink (prepared on-site or prepackaged) is sold or served to the general public, whether consumed on-site or elsewhere. The vehicle must be supported by and return to a fixed, licensed food establishment daily.
MOBILE FOOD ESTABLISHMENT SERVICE AREA
A lot upon which 1 or more Mobile Food Establishments prepare, portion, or serve food to the public.
MOBILE SIGNS
A sign attached to a vehicle or trailer and located in a stationery position primarily for use as an advertising or identifying device. Such signs may be considered either temporary or permanent.
MULTI-FAMILY HOUSING
A building with 3 or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.
OPEN SPACE RESIDENTIAL DEVELOPMENT
A residential development in which the buildings and accessory uses are clustered together into 1 or more groups separated from adjacent property and other groups within the development by intervening open land. An open space residential development shall be permitted only on a plot of land of such minimum size as specified in § 164-7.14 which is divided into building lots with dimensional control, density and use restrictions for such building lots varying from those otherwise permitted by this bylaw and open land. The open land may be situated to promote and protect maximum solar access within the development and shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway.
PERMANENT SIGNS
A sign used to identify or advertise a principal use or activity for the property with which it is associated.
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT
An individual or household with total annual income that does not exceed 80% of the area median income for the Town of Orleans, as determined annually by the United States Department of Housing and Urban Development.
QUALIFIED ATTAINABLE HOUSING UNIT PURCHASER OR TENANT
An individual or household with total annual income that does not exceed 200% of the area median income for the Town of Orleans, as determined annually by the United States Department of Housing and Urban Development.
RESTAURANT, CONVENTIONAL
An establishment for the sale of on-premise food, the majority of which is served and consumed at tables or counters on the premises with open plates and utensils, and not in bags or containers suitable for takeout. Any take-out service conducted at a conventional restaurant shall be incidental and subordinate to the on-premise dining.
RESTAURANT, FAST-FOOD
An establishment for the sale of on-premises-prepared food or drink packaged for takeout, whether for consumption on the premises or not, unless such sales are wholly incidental to a conventional restaurant or other use defined in this section, and including establishments providing in-car service or window service or service at 2 or more take-away stations within the town.
RESTAURANT, FORMULA-BASED
A restaurant business that is required by contractual or other arrangement or as a franchise to maintain 2 or more of the following items: standardized (formula) array of services and/or merchandise including menu, trademark, logo, service mark, symbol, decor, architecture, facade, layout, uniforms, color scheme, and which are utilized by 10 or more other businesses worldwide regardless of ownership or location.
SCREENING
A natural occurrence, such as a berm or hedge, or a constructed device, such as a fence, that shields from view various land use activities.
SETBACK LINE
A line measured from the line of a way, public and/or private, on which the lot abuts.
SIGN
Any device, including recognizable logos, pictographs and objects of similar nature, which is used to identify or advertise a permitted use, service or activity in the zone in which it is located.
SIGN AREA
The area of the smallest single horizontal or vertical rectangle which will totally enclose the face of a sign, including any borders, or in the case of signs painted or otherwise applied directly to the sides of buildings, the smallest vertical or horizontal rectangle which will completely enclose the identifying or advertising information. Support structures for freestanding signs shall not be considered in determining sign area unless they are deemed to contribute significantly to the advertising content of the sign, or are of such construction that they would contribute to the limiting of vision of oncoming traffic. The area of a double-faced sign shall be figured using one face only.
SIGN HEIGHT
The height of the sign from the existing average natural grade to the top of the highest point of the sign.
STREET LINE
The boundary line of a road layout that coincides with the boundary line of adjoining lots.
TEMPORARY SIGN
A sign used to identify or advertise a use or activity which is not a principal use or activity for the property with which it is associated, and which is intended for removal when such use or activity stops. Such signs shall include, but are not limited to: sale, rent, or lease signs erected by a property owner or licensed real estate broker, yard sale, garage sale, open house signs, or signs announcing events.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant actual or potential hazard to water supplies or other hazard to human health if such substance or mixture were discharged to land or waters of this town. "Toxic or hazardous materials" include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies and include products such as pesticides, herbicides, solvents and thinners. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous:
Airplane, boat and motor service and repair
Chemical and bacteriological laboratory operation
Cabinetmaking
Dry cleaning
Electronic circuit assembly
Metal plating, finishing and polishing
Motor and machinery service and assembly
Painting, wood preserving and furniture stripping
Pesticide and herbicide application
Photographic processing
Printing
TRAILER
Any vehicle or object which is, has been or may be portable. For the purpose of this definition, "trailers" shall include, but shall not be limited to, motor freight trailers, dump trailers, utility trailers and the like other than those covered in this section. A Mobile Food Establishment as defined in § 164-2.1 shall not be considered a trailer.
WHOLESALE BUSINESS/WAREHOUSE
A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
WIND FACILITY
All equipment, machinery and structures utilized in connection with commercial and non-commercial wind-generated energy production and generation, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface or overhead, and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (rotor, electrical generator and tower), anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads.
For purposes of this definition, the term "commercial" shall mean those facilities which have less than 50% of their electrical output used on site.
WIND TURBINE
Equipment used in wind-generated energy production. Wind turbines capture the kinetic energy of the wind and convert it into electricity. Primary components are the rotor (blade assembly), electrical generator, and tower. Wind turbines are mounted on lattice or tubular steel towers.
WINDOW SIGN
Any temporary or permanent sign visible on or through a window, affixed to the window or with any part situated closer than 2 feet from the interior surface of a window.
YARD
An area open to the sky, located between a structure or other property line and any principal structure or element thereof. Projections allowed to encroach on building lines and yards shall only be allowed under § 164-5.3C.
YARD, FRONT
A yard extending between lot side lines across the front of a lot adjacent to each street the lot adjoins.
YARD, REAR
A yard adjacent to the rear lot lines and extending between side lot lines.
YARD, SIDE
A yard adjacent to the side lot line and extending from the front yard to the rear yard.
YEAR-ROUND HOUSING
Housing for occupancy by persons or families who occupy either rental or other housing as their principal residence for not less than 10 months a year.
ZONE OF CONTRIBUTION
That portion of an aquifer which contributes water to a well and through which contaminants are likely to move and reach the well; it is represented on the surface by the area whose land uses can affect the well's water quality. Zones of Contribution for Orleans public water supply wells have been determined by the Cape Cod Commission in accordance with Massachusetts Department of Environmental Protection regulations.