As used in this bylaw, the following terms shall have the meanings indicated:
ACCESS AREAWith respect to Retreat Lots, the Access Area is the portion of the lot between the street and the point where the lot width equals 100 feet or more.
[Added 5-15-2024 ATM by Art. 32]
ACCESSORY USEA use customarily incidental or necessarily essential to a permitted main use on the same premises, including but not limited to the following:
A. Use of a room or rooms in a dwelling or accessory building for customary home occupations or the practice of a recognized profession conducted by the resident of the premises.
B. Use of premises or building thereon in connection with his/her trade by a resident carpenter, electrician, painter, plumber, radio or television serviceman, real estate agent, or other artisan, providing that no manufacturing requiring substantially continuous employment be carried on.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, photographs, videos, computer software, computer discs, laser discs and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT CLUBAn establishment which, as a form of entertainment, allows a person or persons to perform in a state of nudity as defined in MGL c. 272, § 31 or allows a person or persons to work in a state of nudity as defined in MGL c. 272, § 31.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons, or single booths or video screens, used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to nudity, sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATERAn 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.
ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion of its stock-in-trade devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT USESAdult bookstores; adult clubs; adult mini-motion-picture theaters; adult paraphernalia stores and adult video stores, all as more specifically defined herein.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade videos, movies, computer software, computer discs, laser discs or other film material which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
AGRICULTUREAgriculture shall have the same meaning as in MGL c. 128, § 1A (or successor statutory provision).
ANIMAL DAY CARE, TRAINING AND GROOMINGPremises used for the commercial harboring of more than three dogs or other domestic non-farm animals three months old or older. Uses include the day care of animals between the hours of 7:00 a.m. to 8:00 p.m. throughout the week and weekend. Training and grooming facilities may also be utilized within the primary building. Medical, ambulatory or hospital facilities requiring a licensed veterinarian are not permitted. The primary building must have the capacity to house all the animals on the property within the building at any time during operating hours. Outside exercise areas of dog runs must be enclosed with a minimum five-foot-high solid fence. No more than four dogs will be permitted in a dog run at one time. A kennel permit will be required for this use and reissued on an annual basis. Disposal of animal waste must comply with state and local board of health regulations.
AQUIFERA geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
[Added 5-17-2023 ATM by Art. 20]
BANKA facility for the extension of credit and the custody, loan, or exchange of money, with no more than one drive-in window.
BASEMENTThat portion of a building which is partly or completely below the lower elevation.
[Added 5-18-2022 ATM by Art. 36]
BOAT LIVERYA boathouse or dock on a lake or other body of water, where boats are let out for hire (rental), on an hourly, daily, or weekly basis. Boats may be powered or sail craft or human-powered, such as rowboats, paddle boats or inflatable boats.
BREWERY, DISTILLERY, WINERY PRODUCTION WITH TASTING ROOM (FARM)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 and which holds a Commonwealth of Massachusetts issued farmer series production license. Any such facility that sells alcoholic beverages to be consumed on premises shall have a Commonwealth of Massachusetts issued farmer series pouring license approved by the local licensing authority. The facility may host marketing events, special events, and 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 off-premises consumption.
BREWERY, DISTILLERY, WINERY PRODUCTION WITH TASTING ROOM (NON-FARM)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. The facility may host marketing events, special events, and factory tours. The facility may only sell beverages produced by, and commercial goods branded by, the brewery, distillery, or winery.
BUILDING HEIGHTThe vertical distance between the lower elevation and the upper elevation as described below:
A. The "lower elevation" shall be the natural grade of the land at the point of measurement prior to disturbance for construction. The elevation of the natural grade prior to disturbance for construction shall be certified by a registered land surveyor, or may be such elevation as the Building Inspector may determine from Town maps or records. In a case where the finished grade is lower than the natural grade of the land at the point of measurement prior to disturbance for construction, the finished grade shall be the lower elevation.
B. The "upper elevation' shall be the highest point of flat or mansard roofs, including the top of a parapet, or, in the case of pitched roofs, the highest point of the ridge or top of the roof.
CHILD-CARE FACILITYA facility operated on a regular basis by an entity licensed by the Massachusetts Department of Early Education and Care under MGL c. 15D, § 1A, which may be known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, pre-school, or known under any other similar name, which receives children not of common parentage under seven years of age, or under 16 years of age if they are children with special needs, for nonresidential custody and care during part or all of the day, separate from their parent(s).
COMMERCIAL SEWAGE A/O SEPTAGE TREATMENT A/O DISPOSAL FACILITIESFacilities for treating and/or disposing of domestic, commercial, or industrial sewage or septage (material pumped from septic tanks) when such facilities are privately owned and are operated as a business serving off-site sources. This includes mechanical treatment plants using physical, biological, or chemical processes, open lagoon systems or other facilities designed to process and/or dispose of sewage or septage as defined in the State Environmental Code.
CLINIC/MEDICAL OFFICEClinics or offices for medical, psychiatric, or other health services for the examination or treatment of persons as outpatients, including laboratories that are part of such clinic or office.
CMRCode of Massachusetts Regulations.
[Added 5-17-2023 ATM by Art. 20]
COMMERCIAL FERTILIZERAny substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by state regulations.
[Added 5-17-2023 ATM by Art. 20]
COMMERCIAL RIDING STABLEAn establishment where instruction in riding, jumping and/or showing is offered and where horses may be boarded and cared for and where the general public may be given riding and/or driving lessons on horses owned by the establishment.
COMMERCIAL VEHICLEAny truck, including but not limited to step vans and cube vans, bus, or a registered motor vehicle, including but not limited to passenger car, pickup truck, or passenger van on which is affixed any writing or logo to designate the business or professional affiliation of said vehicle, or where tools of said business or professional affiliation are visibly stored on the exterior of the vehicle, or a recreational vehicle used in conjunction with a business. A pickup truck not used for commercial uses and on which there is no writing or logo to designate a business or professional affiliation and which does not have tools visible on the outside shall not be considered a commercial vehicle for purposes of the bylaw.
COMMERCIAL VEHICLE STORAGEAny vehicle normally garaged or parked overnight on a property which requires a commercial registration, whether or not actually registered. There shall be two exceptions to this bylaw provision:
A. Pickup trucks and vans which are used only for nonbusiness purposes, and which have no commercial lettering or signs.
B. Farm vehicles and equipment in use on an active farm.
CONTRACTORA person or company that undertakes a contract to provide materials or labor to perform a service to do a job.
CONTRACTOR'S YARDA premises used by a building contractor, general contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies and parking of operative wheeled or tracked equipment.
CRAFT MARIJUANA CO-OPERATIVEA marijuana cultivator comprised of residents of the commonwealth and organized as a limited-liability company, limited-liability partnership, or cooperative corporation under the laws of the commonwealth, and which is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.
CORN MAZEA collection of paths, typically from an entrance to a goal, cut out of a corn field for amusement purposes.
DISCHARGEThe accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, pouring, or placing of toxic or hazardous material or hazardous waste upon or into any land or water such that it may enter the surface or ground waters.
[Added 5-17-2023 ATM by Art. 20]
DOGS: BREEDING AND SALEThe breeding of personally owned dogs, provided that selling, trading, bartering or distributing such dogs shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops.
DWELLING UNITAny building or part thereof erected or used for occupancy as a place of continuous residence for an individual or family. A dwelling unit is one or more rooms designed as separate living quarters with cooking, sleeping and sanitary facilities for one individual or one family. This definition does not include a trailer, however mounted.
DWELLING, SINGLE-FAMILYA building housing a single dwelling unit designed to be used as living quarters by one family.
DWELLING, TWO-FAMILYA building containing two dwelling units, designed to be used as living quarters by two families, with each unit containing its own sleeping, cooking and sanitary facilities.
EDUCATIONAL USE, EXEMPTUse of land or structures for educational purposes on land leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation.
ESSENTIAL SERVICESServices provided by a public utility or governmental agency through erection, construction, alteration or maintenance of gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems, whether underground or overhead. Facilities necessary for providing essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories, but excluding buildings necessary for the furnishing of adequate service by the public utility or governmental agency for the public health, safety, or general welfare.
FARMTerm includes garden, greenhouse, nursery, display and sale of natural products, raising of livestock, except as otherwise prohibited by law.
FORMULA FAST-FOOD RESTAURANTSA restaurant establishment, required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade, or uniforms, which sells on-premises prepared, ready-to-consume food or drink primarily through a combination of in-car, window, drive-through, or over-the-counter service.
FUNERAL HOMEA building used for preparing the deceased for burial or cremation and arranging and managing funerals. A funeral home may include an attached funeral chapel.
GASOLINE STATIONAn establishment for the sale of motor vehicle fuel and related products and services, including a convenience store if an integral part of the gasoline station. All maintenance and service, other than minor service and emergency repairs, shall be conducted entirely within a building. No gasoline station shall be located within 2,600 feet of another gasoline station.
GENERAL SERVICE ESTABLISHMENTA facility providing general services such as appliance or equipment repairs, furniture or upholstery repairs, and shops for trades or crafts, but excluding motor vehicle services of any kind.
GROUNDWATERSubsurface water present in delineated aquifers.
GUESTHOUSEAn accessory-use residential building with plumbing that contains its own sleeping and sanitary facilities, and does not have cooking facilities or kitchen cabinets, is not let for compensation, and which is clearly an accessory use to the principal dwelling unit.
HALF STORYA story with a sloping roof, the area of which story at a height of four feet above the floor does not exceed 2/3 of the floor area of the story immediately below it.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATIONA groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
[Added 5-17-2023 ATM by Art. 20]
IMPERVIOUSMaterial or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.
[Added 5-17-2023 ATM by Art. 20]
IMPERVIOUS COVERAGEMaterial that substantially restricts the penetration of surface water into the soil.
IMPERVIOUS SURFACEMaterial or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.
[Added 5-17-2023 ATM by Art. 20]
INDOOR COMMERCIAL RECREATION, CONCENTRATEDA commercial recreation use conducted entirely within a building with potentially significant external impacts on the surrounding neighborhood. Such uses include bowling alleys, skating rinks, billiard halls, gymnasiums, racing tracks, and shooting ranges.
INDOOR COMMERCIAL RECREATION, LIGHTA commercial recreation use conducted entirely within a building and having minimum external impacts on the surrounding neighborhood. Such uses include assembly halls, auditoriums, exhibit halls, performance theaters and art centers.
INDUSTRIAL PROCESS LIQUIDSAny fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted that would constitute a health, environmental, or system hazard if introduced into the ground or surface water. This includes (i) polluted or contaminated water; (ii) used waters; (iii) cooling waters; (iv) contaminated natural waters taken from wells, lakes or reservoirs, streams, or irrigation systems; (v) chemicals in solution or suspension; or (vi) oils, gases, acids, alkalis, and other liquid and gaseous fluid used in industrial or other processes.
[Added 5-17-2023 ATM by Art. 20]
INDUSTRIAL USEAny manufacturing, processing, fabricating, and assembly. (See also §
300-7.2, LM and
I Districts.)
INNIncluding conversion of existing dwelling to an inn; a building or group of buildings containing no more than 12 guest rooms without individual cooking facilities for transient occupancy and let for compensation. A restaurant, function and dining room, and/or related retail and consumer services, may be provided for public use within the building or buildings.
JUNK OR SALVAGE YARDThe property used/owned by any junk dealer requires a Class III motor vehicle license. Holders shall meet the following requirements: The areas used for storage of junk vehicles and junk materials shall be situated within 500 feet of a public road and 1,000 feet from a dwelling. Except where screened from view by natural objects, a junkyard shall have a fence at least eight feet in height, which substantially screens same from surrounding areas. Such fence shall be of the type acceptable to the Building Inspector, soundly erected, properly maintained and shall not have junk stored against it. No such fence shall be erected at a distance less than 25 feet from the curbing or edge of the pavement of any street. The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition. Space not covered by the license shall not be used in the licensed business. Water shall not be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes. Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches. Garbage or other waste liable to give off foul odor or attract vermin shall not be kept on the premises, nor shall any refuse of any kind be kept on the premises, unless such refuse is junk, as defined herein, and is in use in the licensed business. Junk shall not be allowed to rest upon or protrude over any public street, walkway, or curb or become scattered or blown off the business premises. Junk shall be stored in piles not exceeding eight feet in height and shall be arranged so as to permit easy access to all such junk for fire-fighting purposes. No combustible material of any kind that is not necessary or beneficial to the licensed business shall be kept on the premises, nor shall the premises be allowed to become a fire hazard. Gasoline and oil shall be removed from any engines, vehicles and other such junk items stored on the premises and disposed of in a manner that does not endanger public health, safety, welfare, or the environment. No junkyard shall be allowed to become a nuisance, nor shall any junkyard be operated in such a manner as to become injurious to the health, safety, or welfare of the community and any adjacent residents. Any established junkyards for the purpose of this bylaw, the location of which is already established, shall be considered approved, provided that such junkyards comply with the fencing, aesthetic provisions and requirements for operation.
LABORATORY/RESEARCH FACILITYLaboratory or research facility for medical, dental, technical or scientific uses and uses accessory to them (but excluding direct services to patients), provided that all uses are in enclosed buildings.
LEACHABLE WASTESWaste materials including without limitation solids, sewage sludge and agricultural residue which may release water-borne contaminants to the surrounding environment.
LIGHT MANUFACTURINGFabrication, assembly, processing, finishing work and packaging in such a manner that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property, and incidental storage and distribution of the same, and expressly excluding the manufacture of acid, asphalt, cement, explosives, fertilizer, gas, glue, gypsum, pesticide and petroleum; hazardous or radioactive waste storage, processing or disposal; and petroleum refining.
LIGHT MANUFACTURING, INTENSIVELight manufacturing which employs over 20 persons or discharges into the ground wastewater containing chemical substances not normally present in domestic wastewater; or maintains an impervious area in excess of one acre.
MARIJUANAMarijuana as defined in MGL c. 94G, § 1, 935 CMR 500 et seq. and 105 CMR 725 et seq.
MARIJUANA CULTIVATORAn entity licensed to cultivate, process and package marijuana, to transfer marijuana to marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENTA marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, marijuana testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center.
MARIJUANA ESTABLISHMENT AGENTA board member, director, employee, executive, manager, or volunteer of a marijuana establishment, who is 21 years of age or older. "Employee" includes a consultant or contractor who provides on-site services to a marijuana establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana.
MARIJUANA FOR ADULT USEMarijuana and marijuana products that are not designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions as defined in 105 CMR 725 et seq.
MARIJUANA MICROBUSINESSA collocated marijuana establishment that can be either a Tier 1 marijuana cultivator or product manufacturer or both, in compliance with the Cannabis Control Commission's operating procedures for each license; provided, however, that a microbusiness that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.
MARIJUANA PRODUCT MANUFACTURERAn entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other marijuana establishments, but not to consumers.
MARIJUANA PRODUCTSProducts that have been manufactured and contain marijuana or an extract of marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
MARIJUANA RETAILERAn entity licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments and to consumers.
MARIJUANA TESTING LABORATORYEither an independent testing laboratory or a standard testing laboratory that is licensed by the Cannabis Control Commission to test cannabis or marijuana products in compliance with 935 CMR 500.
MARIJUANA TRANSPORTERAn entity that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments, but not to consumers. Marijuana transporters may be an existing licensee transporter or third-party transporter.
MARIJUANA FOR MEDICAL USEMarijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions as set forth in Citizens Petition 11-11.
MASSAGE SERVICE ESTABLISHMENTSA. Massage: Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniment, antiseptics, oils, powders, creams, lotions, ointments or other such similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some third person on his or her behalf, will pay money or give any other consideration or any gratuity therefor.
B. The practice of massage shall not include the following individuals while engaged in the personal performance of duties of their respective professions:
(1) Physicians, surgeons, chiropractors, osteopaths, or physical therapists, who are duly licensed to practice their professions in the Commonwealth of Massachusetts.
(2) Nurses who are registered under the laws of the Commonwealth of Massachusetts.
(3) Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Massachusetts, except that this exclusion shall apply solely to the massage of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.
MASSDEPMassachusetts Department of Environmental Protection.
[Added 5-17-2023 ATM by Art. 20]
MEDICAL MARIJUANA FACILITYA "medical marijuana treatment center", to mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. These facilities shall be located inside a structure or building.
MGLMassachusetts General Law.
[Added 5-17-2023 ATM by Art. 20]
MINING OF LANDThe removal or relocation of geologic materials for the purpose of extracting topsoil, sand and gravel, metallic ores, or bedrock.
MOBILE HOME (TEMPORARY)A moveable or portable dwelling unit built on a chassis to be moved from site to site, designed for connection to utilities when in use, and designed without necessity of a permanent foundation for year-round living. A travel or vacation trailer is not to be considered a mobile home.
NONPROFIT MUSEUMS, HISTORICAL ASSOCIATIONS OR SOCIETIESPremises for the procurement, care and display of inanimate objects of lasting historical or cultural interest and value that are opened to the public at regularly scheduled times, with no retail sales activities other than an accessory gift/book shop and accessory food sales.
OUTDOOR COMMERCIAL RECREATION, GENERALA commercial recreation land use primarily conducted outside a building, characterized by potentially moderate impacts on traffic, the natural environment, and surrounding neighborhood. Such uses may include athletic fields, paintball course, miniature golf, pitch and putt, skateboard park, tennis club, basketball courts, batting cages and driving ranges.
OUTDOOR COMMERCIAL RECREATION, LIGHTA commercial recreation land use primarily conducted outside a building, characterized by minimal impact on traffic, the natural environment, and surrounding neighborhood. Such uses may include botanical garden, hiking trails, historic sites, picnic areas and cross-country ski areas.
OVERNIGHT CABINSIndividual one-story structure of no more than 256 square feet, located on a lot consisting of at least five acres, containing an owner-occupied residence with no more than two such cabins per acre (not to include the 1.5 acres allocated to the primary residence).
PARKING LOT or GARAGEAny area or structure used for parking automobiles containing between eight and 20 individual parking spaces.
PERSONAL SERVICES ESTABLISHMENTA facility providing personal services, such as a hair salon, barber shop, tanning beds, print shop, photography studio, tailor shop, shoe repair, self-service dry cleaning or pick-up agency, in every case an all indoor operation but not including massage services.
PETROLEUM PRODUCTIncludes, but not limited to, fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
[Added 5-17-2023 ATM by Art. 20]
PRIVATE CLUBFacilities used by members only for a purpose such as, but not limited to, a fraternal, social, or recreational purpose, including a health club, provided:
A. That no parking area or active outdoor recreation area is nearer to any lot line than the front yard depth required by this bylaw for the lot; and
B. That there are no accommodations for spectators nor outdoor floodlights nor any activity which is in itself noisy.
PROCESS LIQUIDSLiquids used in cooling or in the manufacturing process which contact raw materials, product, wastes or machinery and which because of that contact contain hazardous wastes or do not meet state drinking water standards.
PROFESSIONAL OFFICEOffice of a lawyer, engineer, architect, real estate broker, insurance agent, consultants, writers or other similar professionals, not accessory to a main use.
RADIOACTIVE MATERIALSAny of the materials which have a concentration which exceeds the limits set forth in Appendix B, Table 2 of 10 CFR Part 20 (Standards for Protection Against Radiation).
RELIGIOUSShall have the same meaning as the second paragraph of MGL c. 40A, § 3 (or successor statutory provision).
RESTAURANTA building, or portion thereof, which is designed, intended and used for sales and consumption of food prepared on the premises. Food may be consumed within the building, outdoors in areas designated for dining purposes which are adjunct to the main indoor restaurant facility or for off-premises consumption, but in all circumstances expressly excluding formula fast-food restaurants.
RETAIL STOREA retail establishment selling general merchandise, including, but not limited to, dry goods, apparel and accessories, food, drugs, furniture and home furnishings, home equipment, small wares and hardware, within a building, to the general public for personal or household consumption with not more than 10,000 square feet in net floor area. More than one retail store may be allowed as a principal use, but in the aggregate, all retail stores located on a property shall not exceed 10,000 square feet in net floor area. A retail store may have one or more vendors within it. A garden center, florist or commercial greenhouse may have open-air display of horticultural products.
[Amended 5-18-2022 ATM by Art. 36]
SEWAGE AND/OR SEPTAGE TREATMENT AND/OR DISPOSAL FACILITIES, COMMERCIALFacilities for treating and/or disposing of domestic, commercial, or industrial sewage or septage (material pumped from septic tanks) when such facilities are privately owned and are operated as a business serving off-site sources. This includes mechanical treatment plants using physical, biological, or chemical processes, open lagoon systems or other facilities designed to process and/or dispose of sewage or septage as defined in the State Environmental Code.
SIGNAs defined in §
300-6.1B of this bylaw and including the following types of signs, as defined in §
300-6.1B: address sign, directory sign, freestanding sign, hanging sign, historical marker, individual letters or symbols, off-premises sign, traffic flow sign, wall sign, and window sign.
SOLID WASTEUseless, unwanted, or discarded solid material with insufficient liquid content to be free flowing, including, without limitation, rubbish, garbage, scrap materials, junk, refuse, inert fill material, and landscape refuse.
SPGASpecial permit granting authority.
STORYThat portion of a building included between the upper surface of a floor and the upper surface of a floor or roof next above.
[Added 5-18-2022 ATM by Art. 36]
STORY ABOVE GRADEAny story having its finished floor surface entirely above the lower elevation, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
[Added 5-18-2022 ATM by Art. 36]
A. More than six feet above the lower elevation for more than 40% of the total building perimeter; or
B. More than 12 feet above the lower elevation at any point.
TEMPORARY SAWMILLA moveable unit, usually towed by a vehicle, where the logs lay flat on a steel bed and the motorized saw cuts the logs horizontally along the length of the bed by the operator manually pushing the saw. The most basic kind of portable saw mill consists of a chainsaw and a customized jig with similar horizontal operation.
VEHICLE BODY SHOPEstablishment where the principal service is the repair and painting of automobiles, trucks, boats, motorcycles, trailers, recreational vehicles, farm equipment or similar motor vehicles having a maximum gross vehicle weight of 12,000 pounds, provided that all but minor repairs shall be conducted entirely within a building and there shall be no on-site storage of vehicles for longer than 90 days.
VEHICLE REPAIRAn establishment where the principal service is the mechanical repair, excluding body work, of automobiles, trucks, boats, motorcycles, trailers, recreational vehicles, farm equipment or similar motor vehicles having a maximum gross vehicle weight of 12,000 pounds, provided that all but minor repairs shall be conducted entirely within a building and there shall be no storage of vehicles for longer than 90 days.
WHOLESALE STOREAn establishment or place of business primarily engaged in selling or distributing merchandise to retailers, to individuals, commercial or professional business customers or to other wholesalers or acting as an agent or broker for such individuals or companies.
WAREHOUSEA building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.
WIRELESS COMMUNICATION FACILITIESDevices (other than a wireless communications tower) which are mounted on top of an existing building or structure (roof-mounted), mounted adjacent to the side or rear of an existing building or structure (side-mounted), or mounted to the facade of an existing building or structure (facade-mounted), designed to facility the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.
WIRELESS COMMUNICATION TOWERA structure (with antennas, if any) designed to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.