For the purposes of this ordinance, the following terms shall have the following meanings unless a contrary meaning is clearly required by the context or is specifically indicated:

Accessory building or structure: A building or structure customarily incidental and subordinate to and detached from and located on the same lot as a principal building. (See Figure 1, at right)

Accessory use: A use incidental and subordinate to and customarily associated with a specific principal use, located on the same lot.

Affordable housing: Housing, the use and price or rent of which is restricted for sale, lease or rental to households within specific income ranges as defined by section 6.12 of this ordinance.

Alteration, significant: Any change in the structural components of a building or structure, such as bearing walls, columns, beams, or girders. Also included is any aesthetic change that alters the character of a building façade or wall, such as the addition or removal of doorways and windows in the B-C Downtown District.

Apartment: A room or suite of rooms used as a residence by a family, having individual living, sleeping, cooking, and sanitary facilities, and located in a building accommodating two or more families or one or more families located above a first floor used for nonresidential purposes.

Aquifer: A water-bearing geologic formation sometimes confined between clay layers and sometimes on the surface. The source of ground water for drinking and irrigation.

Aquifer recharge area, primary: 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.

Aquifer recharge area, secondary: 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.

Arborist, registered: A professional individual registered in the Commonwealth of Massachusetts to practice arboriculture. An arborist is one who is trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced in the conservation and preservation of native and ornamental trees.

Assisted living facility: A combination of housing, support services, and health care designed to respond to the needs of those who require help in activities of daily living. Care is provided in a way that promotes maximum independence for each resident. Such facilities may include common dining and recreation areas and shall be licensed by the Commonwealth of Massachusetts.

Automotive repair services: Any building, structure, improvements, or land used for the repair and maintenance of motor vehicles including but not limited to upholstery work, oil change and lubrication, tire service and sales, or installation of electronic equipment, but not including dismantling or salvage, body work or painting. The sale of gasoline is not permitted.

Automotive body shop: Any building, structure, improvements, or land which provides collision repair services to motor vehicles, including body frame straightening, replacement of damaged parts, and painting. Body and frame repair does not include mechanical engine or power train repair. The sale of gasoline is not permitted.

Automotive service station: Any building, structure, improvements, or land used for any of the following: the sale of motor vehicle accessories which are installed on the premises; the minor repair of motor vehicle engines, transmissions or other mechanical parts; the sale of gasoline or any other motor vehicle fuel, oil or other lubricating substances, dispensed by an employee who is an attendant or through a self-service, automated dispensing system which is in full compliance with the board of fire prevention regulating office of the state fire marshal 527 CMR-504(16) and which has received the approval of the state fire marshal. Use of the premises for junk yard, open storage of abandoned vehicles, or for rebuilding, reconditioning, painting, or other body repair services is not permitted.

Bakery, retail: An establishment primarily engaged in the retail sale of bakery products and which produces some or all of the products on the premises.

(Amended 9-12-2013)

Bedroom: A room that is designed for the purpose of providing a place to sleep for one or more inhabitants, containing a closet or closets, a door, and windows.

Brewery, distillery or winery with a tasting room: A business located in a building where the primary use is for the production and distribution of malt, spirituous or vinous beverages with a tasting room. Any such facility that only provides samples at no charge and limited in size as set forth in M.G.L. c. 138 shall have a Commonwealth of Massachusetts issued Farmer Series License and any such facility that sells alcoholic beverages to be consumed on the premises shall have a Commonwealth of Massachusetts issues Farmer Series Pouring License. The facility may host marketing events, special events and/or factory tours. The facility may only sell beverages produced by, and commercial goods branded by, the brewery, distillery or winery. The facility may sell permitted beverages by the bottle to consumers for consumption off the premises.

Buffer: A landscaped area sufficient in depth and screening to visually separate one land use or lot from another. (See Figure 2: Buffer)

Buildable area: The portion of a lot or site within which a structure may be built, exclusive of required yard areas, setbacks, landscaping, or open space.

Business support services: Services rendered to a business establishment or individual on a fee or contract basis including, but not limited to, actuarial, advertising, copying and printing shops, credit reporting, janitorial, office or business equipment rental or leasing, photofinishing, telecommunications, window cleaning, blueprinting and photocopying, and other such services.

Capital facilities: Include the planning of, engineering for, acquisition of land for, and construction or reconstruction of the road, electrical, water, sewer and drainage systems serving new development in the Designated Development District.

Cluster development: A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, open space, or preservation of sensitive areas.

Commissary kitchen: A room or group of rooms used primarily for preparing, cooking, and producing food for off premises consumption such as catering, not associated with a restaurant or fast-food establishment, and where cooking or food preparation activities use commercial food processing equipment, such as convection ovens, grease filters, kitchen hoods, and similar types of equipment.

Common area: Common areas and facilities, except as otherwise provided or stipulated in the applicable documents of title, such as:

1.

The foundations, columns, girders, beams, supports, party walls, common walls, main walls, roofs, halls, corridors, lobbies, public stairs and stairways, fire escapes and entrances and exits of the building;

2.

Installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating;

3.

The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general, all apparatus and installations existing for common use;

4.

The land on which the building is located, including all roadways and areas used for maintenance and safety;

5.

The basements, yards, lawn, gardens, recreational facilities, parking areas, and storage spaces; and

6.

The premises for the lodging of custodian or persons in charge of the building.

Common space FALA: Common space within a family accessory living area (FALA) routinely used by both parties that is not exclusive to one party, such as a common hallway, utility room or a laundry room in which common space must be accessible from both the primary dwelling and the FALA. Under new construction, the common space shall only be accessed through the primary residence. No new construction will be considered common space, unless approved by the building inspector.

Community center: A place, structure, area or other facility used for and providing religious, fraternal, social or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Community development authority (CDA): An authority created in 1977 as an agency within the meaning of Chapter 121B of the Massachusetts General Laws. The CDA is also responsible for performing the development review function in the Designated Development District.

Continuing care retirement community (CCRC): A development comprised of housing and other associated services operated or sponsored as a coordinated unit by a corporation or organization having as its principal purpose the provision of housing and associated services, including those designed to provide for medical care and assistance with activities of daily living, for elderly persons. The CCRC shall consist of a building or group of buildings, which, through common management or contractual agreement, provides services that assist the elderly in maintaining an independent lifestyle and meeting the needs resulting from the aging process. Such services may include health care maintenance, home health care, security, maintenance, emergency call systems, assistance with activities of daily living, and personal services such as transportation, financial services, barber/beautician, retail, food services, housekeeping, laundry services, exercise/recreation, continuing education and training, administrative offices, and any other services, activities and accessory uses incidental to the operation and maintenance of the CCRC. Such services shall be ancillary to residential use, and shall be intended primarily for the residents and employees of the CCRC.

Convalescent home: A facility that is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly or developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.

Convenience store: A retail store generally containing less than 2,500 square feet of gross floor area that is designed and stocked to sell a limited supply of primarily food, beverages and other household supplies to customers.

Cornice: Any permanent, continuous horizontally projecting feature surmounting a wall or other portion of a building.

Day care center, Licensed: As defined in M.G.L. Chapter 28A §9, and as licensed or approved by the Department of Education and Early Care, or its successor, any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives children not of common parentage under seven years of age, or under sixteen years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Day care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.

Deck: A structure, without a roof or a foundation, directly adjacent and attached to a principal building.

Drive-through establishment: A retail or service establishment, excluding restaurants, that dispenses products or services to patrons who remain in vehicles. A drive-through establishment may be in conjunction with, or exclusive of, any other form of service. See also Restaurant with drive-through window.

Dry cleaning establishment, retail: An establishment which launders or dry cleans articles dropped off on the premises directly by the customer or where a delivery service drops off and picks up articles to be laundered or dry cleaned.

Dry cleaning establishment, commercial: An establishment used or intended to be used for high volume cleaning of fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not limited to, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto. Where the services are rendered to non-household clients, including restaurants and hotels and a delivery service is provided to pick up/drop off articles to be laundered.

Dwelling: A building or portion thereof designed exclusively for residential occupancy, containing provisions for sleeping, cooking, and sanitation. Dwelling includes single-family, two-family, or multi-family dwelling units, but not hotels, motels, rooming houses, or structures primarily for transient or overnight occupancy.

Dwelling, multi-family: A building or group of dwelling units on one lot designed for or occupied by three or more families, living independently in dwelling units separated by vertical walls or horizontal floors, having separate sleeping, cooking, and sanitary facilities, and with separate or joint services for heat, lighting, and other utilities (including apartments, townhouses, row-houses, condominiums, and cooperatives).

Dwelling, single-family: A detached dwelling unit designed for and occupied for residential purposes exclusively by one family.

Dwelling, two-family: A detached dwelling unit designed for and occupied by no more than two families, or two attached single-family dwelling units built together at the same time and separated by a fire-proof division with no openings.

Dwelling unit: One or more rooms providing complete living facilities for an individual or one family, including provisions for sleeping, cooking, and sanitation.

Façade: The portion of any exterior elevation on the building extending from grade to top of the parapet, wall or eaves and the entire width of the building elevation.

Fair share: The calculated value to offset the impacts a development project has on municipal facilities based upon the amount of square footage being developed and the cost of constructing the needed facilities in the DDD only.

Family: One or more persons related by blood, adoption, or marriage living together as a single housekeeping unit, excluding household servants.

Family accessory living area (FALA): A dwelling unit located within a single-family dwelling, which is subordinate in size to the main dwelling. Such a unit is to be used for residential purposes only, containing sleeping, cooking and sanitary facilities, as needed, by an immediate family member to the owner/occupier, as defined in the FALA ordinance. (See section 6.7 of this ordinance)

Family day care home, licensed: As defined in M.G.L. Chapter 28A § 9, and as licensed or approved by the Department of Education and Early Care, or its successor, any private residence which on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children under sixteen in a family day care home shall not exceed six, including participating children living in the residence. Family day care 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.

Flood hazard area: Total stream and adjacent area periodically covered by overflow from the stream channel containing 1) the floodway, which is the channel itself, and portions of the immediately adjacent overbank, that carry the major portion of flood flow, and 2) the flood fringe beyond it, which is inundated to a lesser degree as depicted in the Federal Emergency Management Agency (FEMA) Map.

Flood plain: Nearly level area adjacent to a water body, subject to inundation under heavy rain or blockage conditions (overflow area) as reflected in the city's flood boundary district and wetlands conservancy map.

Floor area ratio (FAR): The ratio of gross floor area of all structures on a lot to the total land area of the lot on which it sits. FAR is used to regulate building volume.

Food processing:An act or method of cooking, treating, preparing, or converting raw food products resulting in a desired end product ready for market and for use and consumption, but distinguished from commissary kitchen, by not featuring kitchens for catering.

Frontage, lot: The uninterrupted linear or curvilinear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line, or in the case of a corner lot to the intersection of the street lines or the street lines extended. The measurement of lot frontage shall not include jogs in street width, back-up strips and other irregularities in the street line, and in the case of a corner lot, may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection.

Frontage, street: The contiguous linear distance of the line separating the lot from a public or private street. When a lot is bounded by more than one street, any of them, but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirements and the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than one hundred thirty-five (135) degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement.

Garage, community: A building or group of buildings, not more than one story high, serving two or more residences and used jointly for the parking or storage of not more than ten cars, arranged in a row or surrounding a common means of access and erected for the use of owners having no private garage on their individual lots. A community garage accessory to a multi-family dwelling may contain space for one automobile for each family, provided that the rear yard provisions are observed.

Garage, private: An accessory structure designed or used for the storage of not more than three motor vehicles, and in which no business or occupation is carried on, other than home occupations.

Garage, public: A structure used primarily for the parking and storage of ten or more motor vehicles, which is available to the general public for free or for a fee.

Governing water protection district: The person or persons responsible for the daily operation and maintenance of the city water supplies, being under the jurisdiction of the Peabody Department of Public Services.

Gross leasable area: The total gross floor area within a building, which is or can be occupied exclusively by a tenant.

Ground cover: Any evergreen plant that does not attain a mature height of more than 18 inches which forms a dense, continuous surface on the ground plane.

Ground-mounted solar photovoltaic installation: A large-scale solar photovoltaic (PV) system that is structurally mounted on the ground, not roof-mounted, and has a nameplate capacity of at approximately 650 kW-DC or greater.

Groundwater: All water found beneath the surface of the ground, including, without limitation, the slowly moving subsurface water present in aquifers and recharge areas. It is water found in the pore spaces of bedrock or soil, and it reaches the land surface through springs or it can be pumped using wells.

Groundwater protection district: The total area of the well aquifer defined in total as including Zone I, Zone II, and Zone III, within the city or its neighboring communities, which is intended to be protected under this ordinance.

Hazardous material: Any material that (including, but not limited to) 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, but shall include waste oil and all those substances which are included under 42 U.S.C. section 9601 (14) and 310 CMR 30,000, but it is not limited to those substances or as may be defined by any other local, state or federal regulations.

Hazardous waste: Waste, singularly, or in combination, which because of their quantity, or concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in serious, or incapacitating illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. These wastes shall include, but not be limited to, any wastes which fall within the definitions of hazardous waste under the Hazardous Waste Regulations, promulgated by the Department of Environmental Protection under chapter 21 of the General Laws or as may be defined by any other local, state or federal regulations.

Health club: A building or portion of a building designed and equipped for the purpose of physical fitness or weight management, leisure activities, conduct of sports, or other customary recreational activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests or open to the public for a fee.

Height, building: The height of a building shall be the vertical distance measured from the mean ground level of the established grade at the base of the building to the mean roof level.

Home occupation: An owner occupied business use conducted within a dwelling that is incidental and secondary to the primary residential use, carried on by the inhabitants of the dwelling, and does not alter the residential character of the property.

(Amended 3-28-13)

Hotel: A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building and with or without public dining facilities.

Impervious surface: Any natural or manmade materials or structures on, above, or below the ground which do not allow surface water or precipitation to infiltrate the underlying soil, including, but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks and paved recreation areas.

Interim wellhead protection area: A one-half-mile radius of a public supply well in the absence of a defined Zone II.

Landscape architect, registered: An individual registered in the Commonwealth of Massachusetts to practice in the field of landscape architecture.

Live/work: A residential occupancy of a dwelling unit and adequate working space accessible from the living area, reserved for, and regularly used by, one or more persons residing therein. Live/work differs from "home occupation" in that the residential space is secondary or incidental to the work use. (See Section 5: BC/GBD Downtown Districts)

Lot: A parcel of land used, or set aside and available for use as, the site of one or more buildings, accessory buildings thereto or for any other definite purpose, under single ownership, not divided by a street, and not within the limits of a public or private way upon which such lot abuts.

Lot area: The total square footage of horizontal area included within the property lines.

Lot, corner: A lot bounded by two or more streets which have an angle of intersection of no more than one hundred thirty-five (135) degrees. A lot bounded by one street shall be considered a corner lot when the tangents or straight segments of the street line between the side lines of the lot form, or would form if extended, an interior angle of one hundred five (105) degrees or less.

Lot coverage: The area of a lot covered by a building or buildings, including all accessory structures and roof overhangs, expressed as a percentage of the total lot area.

Lot, width of: The distance between opposite side lot lines measured through any part of the principal structure. At no point between the frontage line and principal structure shall the lot be narrower than 75 percent of the required lot frontage.

Lumen: Unit used to measure the actual amount of visible light which is produced by a lamp as specified by the manufacturer.

Luminaire: A complete lighting unit consisting of one or more lamps, together with the components designed to distribute light, to position and protect the lamps, and to connect the lamps to the electrical power supply; also called the lighting fixture.

Manufacturing, light: The processing, fabrication, or assembly of materials or products provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

Marine/Boat repair facility: A facility (which could include a boat repair garage or boat storage yard) where boats are repaired, built and/or stored out of the water. This does not include the provision of fuel or sale/rental of boats. Facility must have direct frontage on a navigable waterway.

Marine/boat sales/rental: A marine retail sales use in which boats are rented or sold.

Medical facility: A building or structure containing uses concerned with the diagnosis, treatment and care of human beings. These include, but are not limited to, hospitals, medical services or clinics. These uses may involve the proper disposal of medical wastes.

Mixed use: A single building or group of buildings in a single development designed to encourage a diversity of compatible land uses, which include a mixture of two or more of the following uses: residential, office, retail, recreational, light industrial, and other miscellaneous uses.

Mobile home: Any vehicle without motive power designed, constructed, reconstructed or added to by means of accessories in a manner to permit the use and occupancy thereof as a one-family dwelling unit, whether resting on wheels, foundation structures or other support, but constructed so as to permit its occasional movement over a street or highway.

Mobile home park: A piece of land owned by one individual or entity in which lots are rented to mobile home owners for placement of their homes and includes water, electric, gas and other service hookups, and common recreation space.

Motel: A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space or facility including motor hotels and motor inns.

Multiple retail/service complex: A large group of retail service establishments, including but not limited to large and small retail operations, restaurants, (excluding drive-throughs) and service establishments, sited on a single parcel of land or immediately adjoining parcels containing a minimum total of ten acres of land and originally planned and built as a single development with immediate adjoining off-street parking spaces and multiple means of access and egress.

Natural woodlands: A grouping of mature indigenous trees with a minimum density of 20 trees of six inches diameter or greater per 10,000 square feet throughout.

Nursing home: Any place or institution for the aged, infirm, chronic or convalescent, whether conducted for charity or for profit, which is established to render domiciliary care, custody, treatment or lodging for three or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. Nursing home includes boarding and rooming houses for aged people, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.

Off-grid system: A solar photovoltaic installation where all energy generated on the installation site is consumed on that site and does not send any energy into the electrical grid for distribution.

Office: A building or portion of a building in which work of a predominantly administrative, professional, or clerical nature is performed. There are no walk-in retail consumer sales nor services nor production/manufacture of any physical products for sale.

Office, professional: That office of a person or persons engaged in such generally recognized professions as, but not necessarily limited to, physician, dentist, veterinarian, attorney at law, engineer, architect, landscape architect, interior designer, accountant or chiropractor.

Oil: Any insoluble or partially soluble oils of any kind or origin or in any form, including, without limitation, crude or fuel oils, lube oil or sludge, asphalt, insoluble or partially insoluble derivatives of mineral, animal or vegetable oils and white oil.

Open space: Used to describe undeveloped land or land that is designed and accessible for outdoor living, recreation, pedestrian access, buffers or landscaping, but excluding parking facilities, driveways, utility or service areas, decks, porches and hardscape terraces. Farmland as well as all natural habitats (forests, fields, wetlands etc.) is included.

Outdoor storage: The keeping of personal or business property or motor vehicles, which is not within a structure with a roof, floor and at least three (3) sides, all of impervious material.

Overlay zoning district: An area where certain additional requirements are superimposed upon the underlying zoning district.

Parking, shared: Off-street parking spaces for more than one type of use.

Parking space: The covered or uncovered land area to be utilized for the parking of a motor vehicle on a site and conforming to parking standards.

Premises: A lot, together with all structures, buildings, uses and water thereon.

Principal building or structure: That building or group of buildings in which the main or primary use of the premises occurs. (See Figure 7, at right)

Process wastewater: Nondomestic, nontoxic, nonhazardous liquid associated with the manufacture or preparation of a product, including but not limited to, hardware, dry goods, food stuffs, and printed materials.

Potential drinking water sources: Areas which could provide significant potable water in the future.

Public well: A well providing potable water to at least 15 service connections or serving on a regular basis at least 25 people.

Rated nameplate capacity: The maximum rated output of electric power production of the photovoltaic system in direct current (DC) is 650kW or greater.

Recharge: The process by which water is added to the saturated zone of any aquifer either by direct infiltration of precipitation or by indirect inputs from surface sources or from adjoining subsurface sources and either by reason of natural flow or by reason of pumping from a present or future public well.

Recharge areas: Any area which collects precipitation or surface water and carries it to aquifers. Recharge areas are designated in 310 CMR 22.00 as Zone I, Zone II and Zone III.

Recreation, indoor: The use of a structure for recreational, social or amusement purposes, which may include as accessory uses the consumption of food and drink, and education and retail services directed to patrons of the facility, including all connected rooms or space with a common means of ingress and egress. Such uses may include athletic field or court, bowling alley, paint ball course, miniature golf, skating rink, and swimming. These can be public or private in nature.

Recreation, outdoor: A use of land [conducted for recreational, social or amusement purposes?] outside of a building, characterized by potentially moderate impacts on traffic, the natural environment, and the surrounding neighborhood. Such uses may include athletic field, paint ball course, miniature golf, pitch and put, skateboard park, swimming, tennis club, basketball court, batting cages and driving ranges. In addition, passive recreational uses may include park, garden, hiking trail, horseback riding, historic site, picnic area, and cross country ski area. These can be public or private in nature.

Research and development: A laboratory or similar facility that has as its primary purpose research, investigation, experimentation, and testing activities related to the fields of electronics, engineering, geology, physics, or other scientific area, but which does not involve research with radioactive materials, high intensity electromagnetic radiation, or controlled substances, or ordinarily involve processes that produce, biological, chemical, or radioactive wastes. But not including facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Restaurant: A commercial establishment where food and beverages are prepared, served, and consumed primarily within the building and whose principle method of operation is characterized by customers being provided with an individual menu and being served their food and drink at the same table or counter at which said items are consumed. Take-out and delivery are allowed.

Restaurant with drive-through window: A commercial establishment whose primary business is serving food and beverages to the public for consumption either on the premises or elsewhere, by order from and service to vehicular passengers outside the structure, whether or not seats are provided for inside the structure.

Restaurant, fast food: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state for consumption, either on the premises or off the premises, and whose design or principal method of operation is such that customers are normally served their foods, frozen desserts, or beverages in edible containers or in paper, plastic or other disposable containers. (Amended 3/28/13)

Retail: A commercial operation which involves the display, sale, and/or lease/rental to the general public of physical goods available for immediate purchase and removal from the premises by the purchaser.

Retail, big-box: A retailer or wholesale user who occupies no less than 50,000 square feet of gross floor area, typically requires high parking to building area ratios, and draws customers from a regional market.

Retail facility: A group of retail and service establishments, originally planned and built as a single development, with immediate adjoining off-street parking spaces.

Rooming house: A dwelling in which more than four (4) unrelated persons are housed or lodged by the day, week, or month, either with or without meals.

Runoff: The water that flows off the surface of the land, ultimately into our streams and water bodies, without being absorbed into the soil.

Saturated zone: The area below ground in which all interconnected openings within the geologic medium are completely filled with water.

Service bar: An area of a restaurant that allows for the preparation and service of alcoholic beverages to be accessed by waitstaff only.

Setback: The required distance measured from the street right-of-way in which construction may not encroach (rear, side and front).

Shrub: An evergreen or deciduous plant no less than 18 inches in height at installation, with a mature height of not less than three feet and not more than 15 feet.

Sign: A communication device, structure, or fixture that incorporates graphics, symbols or written copy intended to promote the sale of a product, commodity, or service, or to provide direction or identification for a structure or area.

Sign area: The sum of the area of the smallest rectangle or other geometric figure encompassing all the letters and symbols of the sign message or such message together with any frame, background, trim, or other integral part of the display on which such message is placed.

Sign, awning: Any sign placed on the vertical face of an awning or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building and attached to said building.

Sign band: A horizontal band, usually located at the top or just above the first level, but below any second level, which lends itself as the logical place on the building in which to place a wall sign.

Sign, cluster: Two or more signs integrated into one freestanding sign structure.

Sign, directory: Any sign located on a building, or freestanding within the area between the building and the nearest property line, the purpose of which is to identify the occupants and provide on-site directions, but containing no advertising.

Sign, electronic message board: Any sign using electronic means to display text or image, either static or moving, to advertise a commodity, service or event or direct attention to a business which provides a commodity, service, or entertainment. This also includes any equipment that projects a sign, message or image onto a building, wall, or other surface for commercial advertisement purposes.

Sign, flashing: Any illuminated sign on which the artificial light is not maintained stationary, or constant in intensity and color at all times when such sign is in use. For this purpose, any revolving, illuminated sign shall be considered a "flashing sign."

Sign, freestanding: Any nonmovable sign not part of or attached to any building, but supported by some structure such as a pole, mast, frame or other structure. (See Figure 9, Sign Types)

Sign, hanging: Any wall-mounted sign perpendicular to the building surface which projects eight inches or more.

Sign height: The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below and adjoining the sign.

Sign, home: Any sign noting the name of the owner or occupant of a single-family dwelling.

Sign, message board: Any sign to advertise a commodity, service or event or direct attention to a business which provides a commodity, service, or entertainment with changeable text capability through manual effort. Message is changed by removing, replacing, or adding letters, numbers, or grammatical symbols.

Sign, projecting: Any sign attached to a building or other structure and protecting in whole or in part more than twelve inches beyond the wall surface of the building or structure on which the sign is positioned.

Sign, sandwich board: A movable sign not secured or attached to the ground or surface upon which it is located. Typically observed in two boards together forming an "A" and used to announce daily specials or sales.

Sign, temporary: Any sign intended to be maintained for a limited period of time, not to exceed 30 days.

Sign, wall: Any sign or letters mounted flat against and projecting no more than 12 inches from, or painted on the wall of, a building or structure with the exposed face of the sign parallel to the face of the building wall.

Sign, window: Any sign painted, posted, placed or affixed in or on an interior translucent surface including windows or doors so as to attract the attention of persons outside the building.

Site plan review: The process whereby the planning board shall review the site plans and maps of the developer to ensure they meet the development criteria as outlined in section 12 (or section 5.2 when referencing the BC or GBD Districts) of this ordinance.

Solid waste: Any garbage, refuse, rubbish or other discarded solid material as defined in 310 CMR 19, with the exception of brush, yard trimmings and grass clippings.

Special permit: A special approval that may be granted by the special permit granting authority, based on positive findings and determinations, pursuant to section 7 of this ordinance.

Special permit siting: The ground-mounted solar photovoltaic installation may proceed by a special permit consistent with the obligations set forth in GL c. 40A, §9 and § 6.1 through 6.2.1 of the zoning ordinance.

Storage operations: Any area used or intended for the storage of materials, refuse, or vehicles and equipment not in service. Storage areas shall be separate and distinct from parking areas, landscaping, and yard areas unless specifically authorized by the ordinance.

Street: An accepted city way; a way established by or maintained under county, state, or federal authority; a way established by a subdivision plan approved in accordance with the subdivision control law; or, a way determined by the planning board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the building or buildings erected or to be erected thereon.

Street furniture: Those features associated with a street that are intended to enhance the street's physical character and use by pedestrians, such as benches, trash receptacles, kiosks, light fixtures, newspaper racks, etc.

Streetscape: The space between the buildings on either side of a street that defines its character. The elements of a streetscape include: building frontage/façade; landscaping; sidewalks; street paving; street furniture; signs; awnings; and street lighting.

Structure: Anything constructed or erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes, including buildings.

Studio, motion picture and television filming: A building used for creating, editing, and producing film or video without spectators.

Surface water: All water on the Earth's surface, exposed to the atmosphere and subject to surface runoff, such as rivers, lakes and creeks, and as defined in 310 CMR 10.04.

Surface water protection district: The district which is defined by the surface water protection district map.

Swimming pool: A private or public structure, located above or below surrounding grade, exceeding 100 feet of surface area, designed to hold water more than 18 inches deep (as measured from the lowest point in the pool a vertical distance to the grade level or top of the pool) and intended to be used for swimming, diving and various water sports.

Tasting room: A room attached to either a brewery, distillery or winery that allows patrons to sample or consume wine, beer and other alcoholic beverages that are produced on-site in accordance with M.G.L. c. 138. A tasting room may not be greater than 33% of the main building's gross square footage.

Townhouse: A single structure consisting of three or more dwellings having one or more walls abutting another dwelling and designed to have all exits open directly to the outside.

Tree, ornamental: A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer.

Tree, street: Any large canopy deciduous tree, capable in size and mass of forming a vegetative screen along a roadway, driveway or parking lot and usually located within the public or private right-of-way or easement for vehicular access, or associated public utility easements.

Trucking terminal: A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck. Included in the use would be express and other mail and package distribution facilities, including those operated by the U.S. Post Office.

Unit: A part of a multi-family dwelling including one or more rooms, with appurtenant areas, such as balconies, terraces, and storage lockers, if any are stipulated in the applicable document of title, occupying one or more floors or part of parts thereof, including the enclosed space therein, intended for use by a family, and with a direct exit to a street or way or to a common area leading to a street or way.

Variance: An authorization by the board of appeals to locate a structure contrary to the terms of the zoning ordinance. A variance relates to a particular parcel of land, is specifically limited and is granted only when strict statutory requisites are satisfied.

Vehicle, commercial: (1) any vehicle designed, used or maintained, as a means of transportation of people, goods or things used in trade, services, or commerce in general; (2) any vehicle with a curb weight (vehicle only) exceeding 12,000 GVW (gross vehicle weight); (3) any vehicle having unenclosed space designed for and capable of carrying property, cargo, or bulk material and which unenclosed space is not occupied by passenger seating; or (4) any use in accordance with MGL/RMV as defined as commercial. All commercial vehicles shall bear, display, or have affixed to it marking, sign, lettering, logo, picture, symbol, number, or the like, whether alone, or in combination, which identifies or advertises or advertises a business or similar commercial venture or use related thereto, including any applicable license information.

(Amended 3/28/13)

Warehouse operation: A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.

Water supply: A groundwater aquifer, surface water, and surface water recharge to a groundwater aquifer, which is a present or potential future drinking water supply source.

Wholesale: The act of selling to retailers and jobbers, rather than to consumers as retail, goods in gross and not in small quantities directly to consumers.

Yard: An unoccupied space open to the sky and located on the same lot with a building or structure. A raised deck is not considered a yard. See Figures 10, 11 and 12 which depict how a rear, side or front yard is measured.

(Amendment 8-27-2015; Amendment 12-8-2016; Amendment 3-14-2019; Ord. No. 01.20, § 1, 3-12-2020; Ord. of 6-23-2022, § 1; Ord. No. Z4-2022, § 1, 10-27-2022)