Otis City Zoning Code
ARTICLE X
Definitions
§ 150-10.1 Definitions and word usage.
[Amended 5-20-2025 ATM by Art. 23]
In this 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 "shall" is mandatory, and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" should not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." The word "building," structure," "lot," or "parcel" shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this bylaw.
A separate dwelling unit, complete with its own cooking and sanitary facilities, having not more than one bedroom and functioning as a separate unit. Additions, renovations, and all construction shall meet the requirements of the current edition of the State Building Code.
Any building which is subordinate to and whose use is incidental and subordinate to the use of the principal building on the same lot or an adjoining lot under the same ownership. Accessory buildings shall include but not be limited to such structures as garages, storage sheds, barns, etc.
A related minor use which is either necessary to the operation or enjoyment of a lawful principal use or which is appropriate to, customarily incidental to and subordinate to any such use.
A social day care or adult day health facility as those terms are defined by the commonwealth's Department of Elder Affairs.
The same principal use as a bed-and-breakfast inn except that full food service may be provided as part of the amenities available.
A dwelling having a mixed use as a home for the residential owner and as guest lodging, with the lodging function often if not always superseding the home use. The home is to be the primary and legal residence of the owner. The maximum number of rooms for rent shall be three. The only food service for guests in this facility shall be breakfast.
A dwelling having a primary use as guest lodging with a home function for the resident owner secondary to the business of renting rooms. The home is to be the primary and legal residence of the owner. The maximum number of rooms for rent is 10. The only food service for guests in this facility is breakfast.
A sign or structure, in excess of 25 square feet, directing attention to an idea or product, business activity, service or entertainment which is primarily conducted, sold or offered elsewhere than upon the premises on which sign is located or affixed.
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons or animals. The word "building" shall be construed, where the context allows, as though followed by the words "or part or parts thereof."
A building, or part thereof, for the transaction of business or the provision of professional services exclusive of the receipt, sale, storage, or processing of merchandise.
An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, which is primarily used for recreational purposes and retains an open-air or natural character.
A child care center or school-aged child care program, as those terms are defined in MGL c. 15D, § 1A.
A retail establishment selling a limited variety of groceries, beverages, and small household items for the primary use of customers that need a few items in an expedient manner.
An intensive form of home-based business. A cottage industry shall have no more than seven employees who are not resident on the premises, may use accessory structures, and may have incidental retail sales. The total floor area used for a cottage industry may not exceed the total floor area used for residential purposes. A cottage industry, like a home occupation, is clearly subordinate to the use of the parcel and dwelling for residential purposes.
A drive servicing a single lot which meets all of the requirements of § 150-5.3.
Common driveways may be allowed with the approval of the Planning Board. The minimum width shall be 16 feet. The common driveway shall serve not more than three house lots which shall have legal access and frontage on an approved public way. The common driveway may never be used to satisfy the frontage requirement. A plan shall be recorded showing the easement, and the easement shall be recorded in the deed.
Any building used exclusively for human habitation, including any permitted home occupation but excluding hotels, motels, lodging houses, inns or mobile homes.
One or more rooms constituting a separate, independent housekeeping establishment with cooking, living, sanitary and sleeping facilities for the use of one family.
A residential building designed for or occupied by three but not more than six families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling units within multiple-family units may be owned individually or rented.
A detached residential building designed for and occupied by one family only, but not including mobile homes, whether placed on a foundation or not.
A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
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 communication 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.
An increase in volume or a change in the footprint of a structure.
Any private residence operating a facility as defined in MGL c. 15D, § 1A.
Any parcel of land which is used for horticulture, agriculture, floriculture or the raising of animals, including, but not limited to, dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees, or fur-bearing animals, for the purpose of selling produce, animals or a product derived from such animals or produce in the regular course of business.
Facility for the seasonal sale of produce, wine and dairy products on property not exempted by MGL c. 40A, § 3, for a period not longer than six consecutive months in any calendar year.
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Shop for lawn mower or small appliance repair, upholstery or furniture repair, bicycle repair person, printer, blacksmith, builder, carpenter, caterer, electrician, lawn mower service person, mason, painter, plumber or roofer.
The use of a room or rooms in a dwelling or accessory building by a resident occupant for practice of a recognized profession; or by a resident carpenter, painter, plumber, electrician, or other artisan in connection with his trade; or by a resident engaged in a customary home occupation, as defined in § 150-3.2, provided that there is no external evidence of any business other than a permitted sign and no undue traffic or noise.
Any activity conducted by a resident within a dwelling for financial gain. A home-based business shall be an accessory use to the primary residential use of the parcel. Home-based businesses include home occupations and cottage industries.
A dwelling, the primary use of which is the private home for the residential owner with lodging as a secondary use. The home shall be the primary and legal residence of the owner. The maximum number of guests rooms permitted at any one time shall be three.
A building rented or used by paying guests, transiently or permanently, with the total number of available rooms not exceeding 15.
A commercial establishment in which more than three dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold.
In all cases where landscaping or planting is required by the provisions of this bylaw, such trees, shrubs and other plant materials must be live specimens as opposed to artificial plant materials.
Industrial use involving no emission or discharge of fumes, vapor, gas, smoke, dust, dirt, odor chemical, effluent, noise or vibration, or unduly increased rise from fire or explosion, or other element dangerous or injurious to the health or safety of the public.
A single tract of land held in identical ownership throughout, defined by metes and bounds or lot lines or other definite boundaries in a deed or conveyance, or shown on a duly recorded plan, used or available for use as the site for one or more buildings.
See § 150-4.1C(2) and Appendix A.[1]
The continuous distance along the street line which provides direct access to the lot, except for lots in a turnaround in an approved subdivision where frontage will be measured at the minimum front setback line as provided in Article IV herein; provided, however, that the depth of any lot created after the effective date of this bylaw, shall not be less than 20 feet at any point along its frontage in order to qualify for frontage under this bylaw. A private street approved by the Planning Board under the Subdivision Control Law may provide frontage only for the lots, which are contained within the approved subdivision.
See § 150-4.1C(3) and Appendix B.[2]
A portable dwelling unit completely enclosed structure built on a permanent chassis, designed to be transported after fabrication on its own wheels or on flatbed or detachable wheels. For the purpose of this bylaw, the term "mobile home" includes trailers incorporating the characteristics of mobile homes as herein defined.
A building, or part thereof, for the retail sale of gasoline, oil, and motor vehicle accessories and repairs and servicing such as lubricating, tune-ups, adjusting, and repairing brakes, tire service, and general service.
A building, structure, or use of land, existing at the time of this bylaw or any amendment thereto which does not conform to the requirements of this bylaw or amendments thereto.
An area planned for occupancy of more than one light industrial building with shared common areas and/or parking area as well as buildings designed for business offices or research laboratories.
An individual or entity, including a firm, partnership, association, corporation, limited-liability company, trustee, and their legal successors, entitled to appeal a decision of the Board of Appeals within the meaning of MGL c. 40A, § 17.
A facility providing personal services such as hair salon, barbershop, tanning beds, dry cleaning, print shop, photography studio, and the like.
The main or most important building on a lot; attached structures shall be considered an integral part thereof, provided such structures are completely enclosed by continuous walls supporting a roof.
An establishment, the principal activity of which is the service or sale of food or drink for on-premises consumption.
A facility selling goods but not specifically listed in the Table of Use Regulations.[3]
A facility, including but not limited to shops selling gifts, novelties, flowers, books, periodicals, jewelry, apparel, antiques and crafts, with less than 10,000 square feet of gross leasable floor area.
Any structure or device used for the purposes of visual communications which identifies or calls attention to any premises, person, product, activity, business or use of a property. For the purpose of this bylaw, the following shall not be included in the application of the regulations herein:
Legal notices; identifications; information, directional or warning signs erected or required by governmental agents or bodies; or various warning signs as commonly used by property owners;
Memorial signs or tablets not exceeding one square foot in area;
Signs directing, guiding or controlling traffic and parking on private property but bearing no advertising matter;
Temporary signs on the inside of glass of store windows as commonly used in retail business, or signs of special events or for political candidates.
The area of a sign shall be considered to include all lettering, working, and accompanying designs and symbols, together with the background on which they are displayed and any frame around.
The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols.
The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object.
A plan indicating, but not limited to, the following: the location of existing and proposed buildings, structures, driveways, parking areas and other open spaces, and all proposed site improvements, including recreational areas, fences, walks and signs.
Except where otherwise designated, the Board of Appeals is designated by this bylaw as the special permit granting authority responsible for issuing special permits for a particular use or purpose in accordance with this bylaw.
A public way, or private way either shown on a plan approved in accordance with the Subdivision Control Law, or otherwise qualifying lots along it for frontage under the Subdivision Control Law.[4]
A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, reviewing stand, platform, or deck. "Structure" shall specifically include all projections under the roofline and specifically exclude all projections above the roof.
A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic or hospital use.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
[3]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
[4]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.