The cessation of a nonconforming use as indicated by the visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a structure or lot; or the removal of the characteristic equipment or furnishings used in the performance of the nonconforming use, without its replacement within two years by similar equipment or furnishings; or the cessation of a nonconforming use or use of a structure caused by its replacement with a conforming use or structure.

A subordinate dwelling unit that is intended for use as a complete, independent living facility located in a residence constructed as, and having the character of, a single-family residence, which subordinate dwelling unit does not substantially alter the character and appearance of the residential structure or its conformity with the character of the neighborhood.

See "building, accessory."

See "sign, accessory."

See "use, accessory."

A retail business establishment, including a bookstore, having as a substantial or significant portion of its stock-in-trade books, magazines, and other matter which is distinguished or characterized by an emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31. For purposes of this definition, the phrase "substantial or significant portion" means an amount of stock-in-trade or sales of books, magazines, videos, peep show booths, or other visual or audio material which is greater than 10% of the entire stock or sales.

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, where such material constitutes a substantial or significant portion of materials shown. For purposes of this definition, "substantial or significant portion" means movies, films, videos, tapes or other visual or audio materials are greater than 10% of all such material shown or played.

Any business defined in this chapter, and in MGL c. 40A, § 9A, as may be amended, as an adult bookstore, an adult motion-picture theater, an adult paraphernalia store, an adult video store, or an establishment which displays live nudity for its patrons.

Any vehicle such as an automobile, van, light or heavy truck, bus, tractor, snow removal vehicle or motorcycle that is used by the employees or agents of the organization to conduct regular or special business. This definition excludes those vehicles used by individual employees or agents to commute to the site from their homes.

A use which has as its principal purpose the raising of agricultural products for commercial or home use, but not including the raising of livestock or farm animals on parcels of five acres or less, and not including the sale of products, except for products raised on the premises. This term shall include aquaculture, floriculture, horticulture, viticulture and silviculture.

A principal use operated either for profit or not for profit, with the principal purpose being the promoting of agricultural activities, whether these be provided to the public at large or to the members of any particular organization, and including, but not limited to, any of the following uses: entertainment, amusement, sports, recreation, racing, storage and handling of animals, judging, showing and auctioning of animals, overnight camping of scouts and other like organizations.

Any construction, rearrangement, reconstruction or other similar action resulting in a change in the structural parts, height, number of stories, exits, size, use or location of a building or other structure.

A device used to receive or transmit telecommunications or radio signals. Such signals shall include, but not be limited to, radio, television, cellular telephone, paging, personal communications services (PCS), and microwave communications. Examples include panels, microwave dishes, and single poles known as "whip antennas."

A building containing three or more dwelling units, including apartment houses and garden apartments, but not including townhouses.

A geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water. Aquifer locations in the Town of Palmer are depicted on a map entitled "Aquifer Protection District: Palmer," originally prepared by the Pioneer Valley Planning Commission, February 1987 and revised February 28, 2005, and available for review at the Town Administration Building.

A reference horizontal plane representing the average of finished ground level adjoining a building at all exterior walls.

A structure attached to a building, the function of which is to shelter the building's window(s) or door(s) and pedestrians from rain, wind and sun.

See "flood elevation, base."

That portion of a building which is partly or completely below grade.

Any facility or site improvement which separates bicycle and pedestrian traffic from vehicular traffic. Such pathways may include, but are not limited to: specially marked bicycle and pedestrian routes within parking areas, raised walkways, off-road bicycle paths, and sidewalks.

The Zoning Board of Appeals of the Town of Palmer, Massachusetts.

A building in which rooms and sometimes meals are provided for compensation to persons other than members of the family or proprietor.

An alignment that visually defines the front yard setback from a street or public right-of-way established by buildings and structures along that street. In the Village Center District, the average build-to-line for a proposed site is calculated by averaging the front yard setbacks of the three closest, existing primary structures on both sides of the proposed site (a total of six structures).

A combination of any materials, whether portable or fixed, with or without a roof, enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals, or property.

The ground area enclosed by the walls of a building, together with the area of all covered porches and other roofed portions, including areas covered by building overhangs in excess of 18 inches and uncovered decks at least 30 inches above grade.

The building area expressed as a percent of the total lot area.

The line established by this chapter beyond which a building shall not extend, except as specifically provided in this chapter.

A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building or on a contiguous lot under the same ownership.

A building having any portion of one or more walls in common with adjoining buildings.

A building having open space on all sides.

A building, lawfully existing at the effective date of this chapter, or any subsequent amendment thereto, which does not conform to one or more of the applicable regulations for the district in which the building is located.

A building in which is conducted the principal use of the lot on which it is located.

Customary commercial pursuits and transactions.

See "office."

Any building wherein the primary occupation is the provision of services or supplies to the business, commercial, industrial or institutional community, but not including retail sales to the general public, except as a secondary and subordinate ancillary activity.

A lot upon which two or more campsites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation or vacation purposes.

A plot of land within a campground intended for the accommodation of one tent, recreation vehicle or other individual camping unit on a temporary basis not to exceed 30 days for the same unit in any twelve-month period.

That space of a building that is partly or entirely below grade and which has more than 1/2 of its height below grade.

A statement signed by the Building Inspector setting forth either that a building or structure complies with the Zoning Bylaw or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.

An organization of persons incorporated pursuant to the provisions of membership corporations laws or the benevolent orders laws, which is the owner, lessee or occupant of an establishment operated solely for a recreational, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, and includes the establishment so operated.[1]

A vehicle registered for commercial use with the Commonwealth of Massachusetts or other state.

See "halfway house."

A site at which materials capable of being composted are collected, separated, processed, recovered, or otherwise made capable of reuse or use in a different form. Such materials may also be sold at such site. This definition is intended to be limited to the composting of organic materials.

A retail establishment, the primary purpose of which is to sell, rent, lease, service, and/or otherwise maintain materials and/or equipment involved in construction activities, including, but not limited to, hardware, lumber, and equipment sales, and millwork. The hiring out of construction equipment intact with an operator is not considered to be a part of a construction supply establishment.

Any destruction, damage or impairment, actual or probable, to any of the natural resources or aesthetic beauty of any place within the commonwealth, including, but not limited to, air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, impairment and eutrophication of rivers, streams, floodplains, lakes, ponds, or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, plant life, open spaces, natural areas, parks, or historic districts or sites.

A zoning district as established by Article III of this chapter.

A building containing sleeping rooms, dining rooms, common rooms, and accessory facilities intended exclusively for the use of students of an educational institution, having been constructed or converted by that institution or with its specific authorization.

A business establishment wherein food is usually served to or consumed by patrons while they are seated in parked motor vehicles.

A business establishment wherein patrons are usually served while seated in parked vehicles in the same lot. The term "drive-through" includes drive-through service establishments such as banks, cleaners, and the like; and automotive service stations, gasoline stations, or the like.

An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

A space, located on a lot, built for access to a garage or off-street parking or loading space.

A privately or publicly owned permanent building which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms "one-family," "two-family," "three-family" or "multifamily" dwelling shall not include hotel, lodging house, hospital, membership club, mobile home, or dormitory.

Three or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking, and sanitation; and including any unit which is rented, leased, or including a unit available under a condominium or cooperative arrangement.

One or two living and/or sleeping rooms providing complete living facilities for one or two individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking, and sanitation; and including any unit which is rented, leased, or including a unit available under a condominium or cooperative arrangement.

A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure that will be a finished building in a fixed location. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements incorporated into a structure at the site. For the purpose of this chapter, a modular unit shall not be deemed a "mobile home" but shall be regarded as a conventional dwelling, subject to the rules and regulations contained herein.

A building containing four or more dwelling units and including apartment houses and garden apartment houses, but not including a townhouse.

A detached building containing one dwelling unit, also referred to as a "single-family dwelling."

A detached building containing three dwelling units, but not including a townhouse.

A detached building containing two dwelling units.

The removal of the following earth products: sand, gravel or smaller unprocessed rock, clay, earth loam, and/or topsoil.

Includes state-aided or federally aided housing developments for the elderly and/or communities consisting of either a structure or structures constructed expressly for use as housing for persons 55 or over or 62 or over, on one parcel or on contiguous parcels of land, totaling at least five aces in size or as is consistent with MGL c. 151B, § 4, Subsection 6, as may be amended from time to time.

Facilities necessary for the provision of services ordinarily provided by municipalities, public corporations, and public or private utilities, which facilities must provide a link (interrupted only by intermediate facilities) between central facilities of the utility and individual lots served, including, but not necessarily limited to, gas, water, and sewer mains; storm sewers; electrical and communication wires, whether underground or overhead; police and/or fire call boxes, hydrants, and other stations or terminals of such continuous systems; and facilities accessory to such systems, including but not limited to manholes, telephone poles, and the like, but not including any intermediate facility, such as a major electrical substation; a telephone dial center, or a sewage pumping station, any facility defined under "municipal facilities," any use listed under the definition of "heavy public use," or any facility of a public corporation or of a public or private utility which is separately listed in Table of Use Regulations.

An establishment which provides live entertainment for its patrons, which includes the display of nudity as that term is defined in MGL c. 272, § 31, as may be amended.

See "nursing home."

Any number of individuals related by blood, marriage, or legal adoption living together as a single housekeeping unit (and including necessary domestic help such as nurses or servants); a group of individuals not related by blood, marriage, or legal adoption, but living together as a single housekeeping unit. For purposes of controlling residential density, each such group of four individuals shall constitute a single family.

Any private residence which, on a regular basis, receives for temporary custody and care for compensation during part or all of the day, children under seven years of age or children under 16 years of age if such children have special needs; provided, however, in either case, that the total number of children under 16 years of age in a family day care in the home shall not exceed six, including participating children living in the residence. Family day care in the home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children, with or without compensation therefor, or where all of the children are of the family of the owner/occupant of the private residence.

Allows for the care of children as described in "family day care (in the home)" above. The maximum number of children will be 10 children, including the provider's children. In this situation, an assistant must be employed.

Allows for the care of six children as stated in "family day care (in the home)," plus two additional school-age children or an amount as currently defined by state law.

An area devoted to agricultural uses with a minimum area of five acres.

Any deposit, placement, storage and/or redistribution of soil, earth, sand, gravel, rock, loam, or other similar material on any land, wetland, or in watercourses, and including the conditions resulting therefrom.

A temporary outdoor sales event in which vendors sell personal used or handcrafted items to the general public. Specific regulations can be found in § 171-72.

The flood elevation shall be as indicated on the Flood Insurance Rate Map, prepared by the United States Department of Housing and Urban Development for the National Flood Insurance Program.

To be made watertight to the level of the one-hundred-year flood with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, as certified by a registered professional engineer.

The ratio of the gross floor area to the total lot area.

The sum of the gross horizontal area of the several floors, including basements, of a principal building as measured from the interior faces of its exterior walls. It does not include cellars; unenclosed porches or attics not used for human occupancy; malls within a shopping center utilized purely for pedestrian circulation and/or decorative purposes between individual shops of the center; any floor space in an accessory or principal building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter; or any such floor space intended or designed for accessory heating, ventilating and air-conditioning equipment.

A building containing sleeping rooms, dining rooms, common rooms, and accessory facilities intended exclusively for the use of students of a college or university who belong to a group or organization which involves common living and which group is organized and operated with the specific approval and under the regulations of the institution.

See "lot frontage."

A building or part thereof used for human funeral services. Such building may contain space and facilities for:

A garage(s) for housing motor vehicles, with a capacity of not more than three vehicles for a single-family dwelling, plus the capacity for one additional vehicle for each additional dwelling unit.

A building other than a private garage used for maintenance, repair and storage of vehicles and equipment.

All the water found beneath the surface of the ground.

A building containing sleeping rooms, common rooms, dining rooms, and accessory facilities intended exclusively for the use of participants of a program of rehabilitation of individuals prior to their complete reentry into normal society, which program is formally recognized by an agency of the commonwealth. One or more individuals responsible for the operation of a halfway house shall be resident therein, and facilities for such resident director and his family shall be provided.

Material including, but not limited to, any material, in whatever form, which because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment, when improperly stored, treated, transported, disposed of, used, or otherwise managed. The term shall not include oil.

A waste which is hazardous to human health or the environment as designated by the United States Environmental Protection Agency and the regulations of the Massachusetts Hazardous Waste Management Act, MGL Chapter 21C.

The vertical distance from the average finished grade within 10 feet from the walls of the structure to the top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof, or the mean level of the highest gable or slope of a hip roof. For structures having roofs or outside top coverings other than those listed here, or structures having no roof at all, the height shall be defined as the vertical distance from average finished grade to the highest point.

A society or group that serves as the keeper of records and authentic materials that can explain and authenticate past times, places and/or events. An historical society may be a municipal group or other private group.

A vocation, trade, small business, craft, art or profession which can be conducted in entirety within the main (principal) or accessory building of a property by a bona fide resident or residents of that main building and which, by nature of its limited size and scope, will not cause any outward manifestation (such as traffic generation, parking congestion, noise or air pollution, materials storage, public service, utility demand, etc.) which is uncharacteristic of or an additional disturbance to the particular residential neighborhood in which said property is located. The following occupations shall be specifically excluded: any clinic, veterinary hospital, restaurant, retail or wholesale supply shop or store, mortuary, office of a doctor, lawyer, real estate or insurance agent. (See § 171-67 for additional special permit criteria.)

A building providing, among others, twenty-four-hour inpatient services for persons admitted thereto for the diagnosis, medical, surgical or restorative treatment or other care of human ailments, including a sanitarium.

A building providing for the diagnosis and treatment of ailments of animals other than human, including facilities for overnight care, but not including crematory facilities.

A building or group of buildings, part of a building containing rooming units without individual cooking facilities for transient occupancy and having a common entrance or entrances or individual exterior entrances; and including an inn, motel, motor inn and tourist court, but not including a boardinghouse, lodging house or rooming house.

Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.

An area in which one or more industries form a unit and for which a plan of development for the site is required.

Manufacturing, fabricating, assembling, finishing, packaging, processing or research and development.

Any worn out, cast off, or discarded articles or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

Any motor vehicle not capable of being used as such in its existing condition by reason of being damaged or dismantled or failing to contain parts necessary for operation and otherwise qualifying as junk.

The use of any area, whether inside or outside of a building, for the storage, keeping, or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

A building or buildings for the keeping or breeding of dogs or other permitted small animals.

An indoor or outdoor land use attracting large numbers of both local and regional visitors for conference and/or entertaining purposes, including, but not limited to, business meetings, sporting events, concerts, family events and amusements, and trade shows. A large-scale conference facility is defined as having a minimum of 175 hotel rooms and/or greater than 20,000 square feet of meeting and exhibition space and could include meeting and exhibition rooms, guest rooms, suites, resort amenities, dining and food services, personal services for the occupants of the facility, gaming facilities if duly authorized by the Commonwealth of Massachusetts, and entertainment. A large-scale entertainment facility is defined as having a minimum seating capacity of 2,000 seats or capacity for a minimum of 2,000 visitors during peak hours and could include arenas, amphitheaters, mega theaters, stadiums and ballparks, other sports facilities, and theme parks.

Waste materials, including solid wastes, sludge and pesticide and fertilizer wastes capable of releasing water-borne contaminants to the environment.

Light industries include those businesses which manufacture, process, store, package, or distribute goods and materials, and are, in general, dependent on raw materials refined elsewhere.

Includes horses, cows, goats, sheep, pigs, llamas, donkeys, burros, rabbits, chickens, geese, ducks, and similar animals.

The net floor area within a dwelling unit, exclusive of utility rooms, closets, attics, and cellars.

An off-street space at least 12 feet in width, 50 feet in length and with a vertical clearance of at least 14 feet, having an area of not less than 1,300 square feet, which includes access and maneuvering space, used exclusively for loading and unloading of goods and materials from one vehicle. The dimensions of the loading space may be reduced by the Building Inspector to not less than 300 square feet, which includes access and maneuvering space, when it is clearly evident that service vehicles utilizing said space will not require the area listed above.

A building containing four or more lodging units.

One or more rooms for the semi-permanent use of one, two, or three individuals not living as a single housekeeping unit and not having individual kitchen facilities. A lodging unit shall include rooms in boardinghouses, lodging houses or rooming houses. It shall not include convalescent, nursing or rest homes; dormitories or charitable, educational or philanthropic institutions; or apartments, hotels or tourist homes/bed-and-breakfast facilities.

An area or parcel of land, or any part thereof, in common ownership, designated on a plan filed with the Building Inspector by its owner or owners as a separate lot and having boundaries identical with those recorded in the Hampden County Registry of Deeds. The following shall not be counted toward land within the minimum lot area: land under permanent water bodies; land within public ways, and land within private ways and rights-of-way where the general public has the right of access by automotive vehicles. When calculating the lot area for multiple-occupancy buildings, wetlands and lands exceeding a natural 45° angle will be excluded.

The percent of the total lot area that is covered by main buildings, accessory structures, parking areas or other structures so as to render the land impervious.

The minimum distance required in any district as set forth in the Table of Dimensional and Density Regulations.[2] Lot depth shall be the distance between the front lot line and the rear lot line as measured perpendicular to the front lot line or extension thereof.

A continuous lot line along the side line of a street, which provides safe, convenient and meaningful vehicular and utility access to the buildable portion of the lot. Calculation of the frontage dimensional requirements shall be in conformance with the Table of Dimensional and Density Regulations of this chapter.[3]

The property line dividing a lot from a single street right-of-way. In the case of a corner lot or a through lot, at least one front lot line shall conform to the minimum lot frontage requirement.

The lot line most nearly opposite from the front lot line.

Any lot line not a front or rear lot line.

The required minimum distance between side lot lines, measured at the minimum front setback line for any given district. The minimum lot width shall be equal to the minimum frontage required in any given district.

A lot at the point of intersection of and abutting on two or more intersecting streets. In the case of a corner lot, the rear lot line shall be the line opposite the street line on which the building would be numbered.

Any lot other than a corner lot or a through lot.

See "preexisting nonconforming lot."

A lot which abuts two streets, but not at their intersection.

A building or group of buildings used for the offices and facilities accessory to the practice of licensed medical practitioners (including physicians, dentists, optometrists, ophthalmologists, and persons engaged in all fields related generally to medicine, but not including veterinarians), and including such common facilities as an outpatient clinic or emergency treatment rooms, but not including inpatient facilities.

A social, sports, or fraternal association or organization, which is used exclusively by members and their guests and is not conducted as a gainful business and which does not hold a license to sell alcoholic beverages.

A business or organization that is used exclusively by members and their guests for shopping in a wholesale or group sale atmosphere.

See "dwelling, mobile home."

See "dwelling, modular home."

A factory-fabricated transportable building designed to be used by itself (for classroom or office space) or to be incorporated with similar units at a building site into a modular structure that will be a finished building in a fixed location. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements incorporated into a structure at the site. For the purpose of this chapter, a modular unit shall not be deemed a mobile home.

Any vehicle, self-propelled, which is permitted and requires a valid registration legally issued by a governmental authority in order to be operated on a public way. A motor vehicle shall include, but not be limited to, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, and tractors.

Any part or parts of any motor vehicle.

Facilities utilized in the provision of services normally provided by municipalities, such as schools, parks, playgrounds, municipal office buildings, and the like, but not including any facility defined under "essential facilities," any facility defined as a heavy public use, or any use specifically listed in the Table of Use Regulations.

See "sign, nonaccessory."

Also known as an "extended care home," "rest home," or "convalescent home." A nursing home is any place containing beds for two or more patients, established to render domiciliary and/or nursing care for chronic or convalescent patients and which is properly licensed by the commonwealth, but not including child-care homes, or facilities for the care of drug addicts, alcoholics, mentally ill or developmentally disabled patients.

A room, studio, suite or building in which a person transacts his business or carries on his stated occupation. For the purpose of this chapter, an office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods and products which are physically located on the premises. An office shall not be deemed to include a veterinary hospital.

See "flood elevation, base."

The space on a lot unoccupied by buildings or structures, unobstructed to the sky by man-made objects other than walks, swimming pools, and terraced areas, not devoted to streets, driveways, off-street parking or loading spaces and expressed as a percentage of total lot area.

The Outdoor Advertising Board of the Commonwealth of Massachusetts or any board or official which may hereafter succeed to its powers or functions.

A principal (but not accessory) use operated either for profit or not for profit, with the principal purpose being the provision of outdoor recreational facilities, whether these be provided to the public at large or to the members of any particular organization, and including, but not limited to, any of the following uses: fishing, golf, tennis, or swimming club, or golf driving range, sports camp, campground, marina, or horseback riding establishment.

The duly authorized agent, attorney, purchaser, and devisee, trustee, lessee, or any person having vested or equitable interest in the use, structure or lot in question.

A space at least nine feet in width and 18 feet in length, with at least 18 feet of backing-up and maneuvering area directly behind the space (which may be shared with a space directly behind it), as exclusive use as a parking stall for one motor vehicle.

The presence of facilities and design features that make a physical environment safe, convenient and aesthetically pleasing to pedestrians. These include, but are not limited to, walkable distances between uses (i.e., under 1/4 mile); sidewalks, paths and walkways; continuous visual interest (i.e., public art, plantings, pavement patterns, uninterrupted line of buildings, attractive fencing in front of parking areas, murals on blank walls, infill development, pocket parks, etc.); consumer uses (i.e., restaurants, shops, cinemas, markets); trees for shade; awnings for shelter; buildings and landscaping elements sited to provide windbreaks; presence of people (i.e., sidewalk cafes, street vendors, evening business hours); good maintenance; buffers between vehicles and pedestrians (i.e., planted medians, on-street parking, grade separation); paths connecting adjacent uses; crosswalks and ramps; traffic-calming devices; traffic lights; over- and underpasses.

A permit issued by the Building Inspector indicating near-compliance with the provisions of this chapter and allowing occupancy or use on a temporary basis while full compliance is achieved.

Any building wherein the primary occupation is the repair, care of, maintenance or customizing of personal properties that are worn or carried about the person or are a physical component of the person. For the purpose of this chapter, personal service establishments shall include, but need not be limited to, barber shops, beauty shops, pet grooming establishments, laundering, cleaning and other garment servicing establishments, tailors, dressmaking shops, shoe cleaning or repair shops, health clubs, and other similar places of business, but not including offices of physicians, dentists, and veterinarians, or any establishment with a gross floor area of more than 10,000 square feet.

A lot which, when originally created, conformed to any zoning requirements relative to minimum lot area, minimum lot width and frontage, and/or minimum lot depth which were then in effect, but which zoning requirements have since been amended so that said lot would no longer conform in all respects to such new requirements.

A structure or addition which, when originally constructed, was lawfully in existence or lawfully begun and conformed to any zoning requirements relative to minimum setbacks, maximum floor area ratio or other dimensional and area requirements which were then in effect, but which zoning requirements have since been amended so that such structure or addition would now require a variance.

A use which, when originally commenced, was lawfully in existence or lawfully begun and was permitted in the zoning district in which it was located, but since then the zoning chapter has been amended so that such use would now require a special permit or would be prohibited.

Areas which are underlain by surficial geologic deposits, including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of water supply wells.

A facility servicing vehicles in a quick manner, such as car washes, vehicle lubrication facilities and like businesses.

As used herein, receipt of an application or of a request means an official receipt on the forms or in the format prescribed by the board or agency responsible for reviewing the application and accompanied by all of the supporting materials or documentation and fees by the board or agency as being necessary at the time of or the signature of an appropriate official showing the time and date of the receipt; such stamp or signature to be used only after the entire application, including all supporting material, has been checked for completeness and accuracy.

Any building wherein primary occupation is the repair and general servicing of appliances, tools, and other small machinery common to use in homes or businesses, but not including automotive repair or automobile service stations; or any place wherein the primary occupation is interior decorating, to include reupholstering and the making of draperies, slipcovers, and other similar articles, but not to include furniture or cabinetmaking establishments.

Areas which are underlain by surficial geologic deposits, including till or bedrock, and in which the prevailing direction of surface water flow is toward public water supply wells or potential sites for such wells.

A building or part thereof whose chief activity is the selling of gasoline, oil and related products for motor vehicles or the provision of lubricating service or general auto repair.

The minimum distance from a lot line to a building placed thereon, or feature thereof as is required in a particular situation by the Table of Dimensional and Density Regulations.[4] Said setback shall be measured perpendicular (at right angles) to the lot line. At no point shall any structure on the lot be any closer to any street line, whether said street line directly abuts the lot or not, than the minimum front yard setback requirement for that zoning district.

A line, whether straight or not, which denotes the location of the minimum setback.

Setback required from a front line and from any street line of a corner lot or a through lot.

Setback required from a rear line.

Setback required from a side line.

Any permanent or temporary structure, device, letter, work, model, banner, pennant, insignia, trade flag, balloon or blimp or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by any means, including intermittent or repeated motion or illumination.

Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent, and which contains no other matter.

A sign used to direct attention to a service, product sold, or other activity performed on the same premises upon which the sign is located.

Any sign advertising products or services other than products or services available on the lot on which the sign is located, or any sign which is not located within 200 feet of the building or other structure at which the products or services thereon are available.

A sign erected on or affixed to the land, including any exterior sign not attached to a building.

A sign used simply to identify the name, address, and title of an individual family or firm occupying the premises upon which the sign is located or to give information, such as time or temperature.

Any sign not an accessory sign.

For a sign, either freestanding or attached, the area shall be considered to include all lettering, background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. For a sign consisting of individual letters, designs and symbols attached to or painted directly on the surface of a building, wall, window, awning/canopy or other approved surfaces, with no other background, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs, and symbols. The largest side of a two-sided sign shall be used in calculating the surface area of such a sign, provided that the two sides are joined at an angle of no greater than 60°.

A sign affixed to the exterior wall of a building and extending not more than 15 inches therefrom.

A special authorization to conduct a particular use or to take advantage of a particular situation set forth in this chapter, subject to the provisions of this chapter, the Table of Use Regulations, where applicable, and the particular section authorizing the special permit, where applicable.[5]

The Planning Board unless otherwise specified in this chapter. In certain situations the special permit granting authority may be the Zoning Board of Appeals or the Town Manager or the Chief of Police, where designated.

The portion of a building which is between one floor level and the next higher floor level. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below it, the mezzanine shall be deemed to be a story. A basement shall be deemed to be a story, and a cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and without human occupancy.

A story under a gable, hipped, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

A combination of materials for permanent or temporary occupancy or use, such as a building, bridge trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelters, piers, wharves, bin, fence, sign, gasoline pumps, recreational courts, or the like.

A structure lawfully existing at the effective date of this chapter, or any subsequent amendments thereto, which does not conform to all applicable regulations of this chapter for the district in which it is located.

Any repair, reconstruction, or improvement of a structure, which either increases the building area or size of the original structure by 10% or more, or the cost of which equals or exceeds 10% of the assessed value of the original structure either:

Towers and/or antennas and accessory structures and equipment used in receiving or transmitting telecommunications or radio signals from a mobile communication source and transmitting those signals to another wireless site, and other communication source or receiver or to a central switching computer which connects the mobile unit with land-based telephone lines.

The structure designed to support equipment and antennas used to transmit and/or receive telecommunications or radio signals. Examples of such structures include freestanding towers, guy towers, monopoles and lattice towers.

See "permit, temporary occupancy."

An owner-occupied single-family home containing rooming units for transient occupancy for compensation (without individual kitchen facilities and with an individual or shared bath/toilet facility, with at least one toilet, one bath/shower and one wash basin, separate from those required for the single-family dwelling), which share a common entrance for the single-family dwelling. The use of that portion of the dwelling devoted to transient occupancy shall be secondary to the use of the dwelling as a single-family residence and shall not change the character thereof. Breakfast may be the only meal served.

A row, attached side-to-side (not on top of each other), of at least four dwelling units and not more than eight dwelling units. Each unit in the row may be owned by a separate owner.

Builder, carpenter, electrician, painter, plumber, tree surgeon, landscape gardener or similar building trade occupation.

Business which services or repairs commercial trucks which are not owned by the business.

Any motor vehicle required to be registered by law of the Commonwealth of Massachusetts for operation on public ways, not so registered.

The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied or maintained.

A use which is customarily incidental, subordinate to, and supporting of the principal use of a lot or structure and is located on the same parcel or contiguous parcels as the principal structure or use. A food service establishment commensurate with the activity shall be considered an accessory use to a permitted outdoor recreational use; for the purposes of this definition, a restaurant or banquet facility associated with or in connection with an outdoor recreational golf facility shall be deemed an accessory use.

Two or more principal uses occupying the same structure or lot, where more than one principal use is permitted on the lot.

See "preexisting nonconforming use."

The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied or maintained under this chapter. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this chapter shall be considered an accessory use.

A use which by reason of its normal operation would cause readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.

Such departure from the terms of this chapter as the Board of Appeals, upon appeal in specific cases, is empowered to authorize under the terms of Article V.

See "hospital, veterinary."

Lands lying adjacent to watercourses and surface water bodies, which create the catchment or drainage areas of such water.

Includes, but is not limited to, wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for a significant part of the year; emergent and submergent plant communities in inland water; that portion of any bank which touches any inland waters; and the land, including submerged land, which consists of any soil types designated as, but not limited to, very poorly drained as identified by the National Cooperative Soils Survey, as may be amended from time to time, of the Natural Resources Conservation Service of the United States Department of Agriculture, or the Massachusetts Wetlands Protection Act and any local wetlands bylaw.[6]

A portion of a lot located within a required setback area which must remain unobstructed artificially from the ground to the sky except as may be allowed by specific provisions of this chapter.

The portion of a lot lying between the front line and the principal structure on said lot.

The portion of a lot lying between the rear line and the rear line of the principal structure on said lot.

The portion of a lot lying between a side line and the corresponding side line of the principal structure on the lot.