[Amended 5-2-2016 ATM, Art. 26]
Unless the context otherwise requires or as otherwise set forth by definition in the individual sections of this Zoning Bylaw, the following definitions shall be used in the interpretation and construction of the Zoning Bylaw. Words used in the present tense include the future; the singular number shall include the plural; the plural the singular, and the word "shall" is mandatory, not directive. Words not specifically defined below shall be as defined in normal usage.
ACCESSORY APARTMENTAn independent living unit containing a kitchen, bathroom, living area and independent means of egress, built into or attached to an existing single-family dwelling (referred to herein as the "principal dwelling").
[Added 5-7-2018 ATM, Art. 69]
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
APARTMENTA portion of a building equipped with housekeeping facilities and used as a dwelling unit, for which periodic compensation is paid and which is occupied by a person other than the legal owner.
APPROVED LOT FRONTAGEFrontage measurement that shall be measured contiguously along the front lot line from sideline to sideline. Approved lot frontage as it pertains to traditional corner lots, dual corner lots and enclosed lots shall be measured in accordance with Figures 1, 2 and 3 accordingly.
[Added 5-2-2011 ATM, Art. 46]
AVERAGE GRADE PLANEA reference plane for a building or structure as a whole representing the average of finished ground level adjoining the building or structure at all exterior walls. In calculating said reference plane, the elevation of each point used to calculate said average shall be determined by using the lowest elevation of finished ground level within the area immediately adjoining the building or structure and either the lot line or a point six feet from the building or structure, whichever is closer to the building or structure.
[Added 5-2-2011 ATM, Art. 46]
BASEMENTA story having a part, but not more than 1/2 of its height below grade. A basement is counted for the purpose of height regulations.
BOARDING HOUSEA dwelling other than a hotel, where for compensation by prearrangement for definite periods, lodging and meals are provided for three or more persons.
BUILDINGA structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, or property.
BUILDING HEIGHTBuilding height shall be measured from the calculated average grade plane to the highest point of the building's roof.
[Amended 5-12-2003 ATM, Art. 50; 5-2-2011 ATM, Art. 46]
CELLARThat space of a building that is partly or entirely below grade, which has more than 1/2 of its height below grade.
CLUB, PRIVATEA building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit to render a service which is customarily carried on as a business.
DIMENSIONAL BUILDING ENVELOPEThe maximum three-dimensional space on a lot within which a primary structure can be built as permitted by height and setback requirements.
[Added 5-2-2011 ATM, Art. 46]
DWELLING UNITOne or more rooms designed for occupancy by one family that includes kitchen, sanitary and living facilities.
EXTENDED STAY LODGINGA hotel, motel or guest quarters that offers rooms by the day, Week or longer to transient guests, which rooms may contain kitchenette facilities. Such kitchenette facilities may include a refrigerator, two burner stove, without oven, a microwave oven, dishwasher and sink.
[Added 5-13-2002 ATM, Art. 36]
FAMILYA household constituting a single housekeeping unit occupied by one or more persons.
FLOOR AREAThe gross horizontal area of all floors (excluding area used for parking) within the exterior walls of a building.
FRONTAGE LOCATIONIn the case that the approved lot frontage is not readily determinable, a decision by the Building Department is required. This pertains to existing and proposed building lots.
[Added 5-2-2011 ATM, Art. 46]
FRONTAGE, STREETThe total linear footage of property immediately adjacent to existing streets.
GARAGE, PRIVATEAn accessory building designed or used for the storage of automobiles.
GRADEThe average level of the finished ground surface immediately adjacent to the exterior walls of the building.
HALF STORYA floor level situated wholly or partially under a sloping roof, suitable for any use permitted in the zoning district, in which the ceiling area (in plan projection), at a height of at least seven feet three inches above the finished floor is not more than 1/2 the area of the floor level next below.
[Added 5-2-2011 ATM, Art. 46]
HOSPITALA building having room facilities for more than one overnight patient, used for providing on-the-premises medical or surgical care for the sick or injured human being, together with all related facilities.
HOTEL/MOTELA building in which lodging, or boarding and lodging, are provided and offered to the public for compensation.
INSTITUTION, PUBLICA building occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on nonprofit functions of a public or semi-public nature, such as hospitals, schools, churches, fraternal orders, and orphanages.
JUNKYARDLand, with or without building, primarily used for the outside storage of used and or discarded materials (including but not limited to wastepaper, rags, metal, building materials, and vehicles) for processing, salvage, sale or other disposition.
KENNELA pack or collection of dogs on a single premises, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel as those terms are defined in MGL c. 140, § 136A.
[Added 5-7-2012 ATM, Art. 50; amended 5-6-2013 ATM, Art. 33; 5-6-2013 ATM, Art. 43; 5-1-2023 ATM by Art. 74]
LOTA plot, tract, or parcel of land intended for transfer of ownership, use or improvement.
A. LOT, CORNERA lot abutting two or more streets at their intersection.
B. LOT DEPTHLot depth shall be measured by a line beginning at the midpoint of the approved frontage and running at a ninety-degree angle continuing until it intersects with either a side or rear lot line.
[Added 5-2-2011 ATM, Art. 46]
C. LOT LINESThe property lines bounding the lot.
(1) LOT LINE, FRONTThe lot line separating the lot from the street which serves as the primary means of access to the property or lot.
D. LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
LOT FRONTAGEAny lot line running along the boundary line of a way, road and street whether public or private through which the buildable portion of the lot has access to that public or private way, road and or street on which it lies.
[Added 5-2-2011 ATM, Art. 46]
LOTS THAT FRONT ON MULTIPLE ROADWAYSAny lot that has more than one lot line that coincides with the line of a roadway whether public or private.
[Added 5-2-2011 ATM, Art. 46]
A. Figure 1. Traditional Corner Lot – See Attachment 1 at the end of Chapter
415.
B. Figure 2. Dual Corner Lot – See Attachment 1 at the end of Chapter
415.
C. Figure 3. Enclosed Lot – See Attachment 1 at the end of Chapter
415.
D. Figure 4. Cut Corner Lot – See Attachment 1 at the end of Chapter
415.
E. Figure 5. Dual Access Lot – See Attachment 1 at the end of Chapter
415.
F. Figure 6. Triangular Lot — See Attachment 2 at the end of Chapter
415.
[Added 5-6-2019 ATM by Art. 14]
MAJOR RETAIL BUSINESSA retail business in the Industrial/Business District occupying at least 50,000 square feet of space within a building and located on a lot of at least five acres in area.
[Added 6-6-1994 ATM, Art. 80]
MARIJUANAAll parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. The term also includes marijuana infused products (MIP) except where the context clearly indicates otherwise.
[Added 5-5-2014 ATM, Art. 44]
MARIJUANA ESTABLISHMENTA marijuana establishment shall include all types of marijuana establishments as defined in MGL c. 94G, exclusive of facilities that are licensed for medically prescribed purposes, to include marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other type of licensed marijuana-related businesses.
[Added 5-7-2018 ATM, Art. 65]
MULTI-FAMILY DEVELOPMENT[Amended 5-12-2003 ATM, Art. 50]
A. A residential development in an R-4 or B-2 zone consisting of one or more buildings containing separate dwelling units. All dwelling units in a Multi-Family Development in a B-2 District shall have a maximum of two bedrooms. The total number of units shall be determined in accordance with §
415-22. All buildings shall comply with other applicable sections of the bylaw. Any land located in a B-2 zoning district may be used for access to or egress from a Multi-Family Development located in a B-2 zoning district.
B. A Multi-Family Development shall be allowed on land located in a B-2 District only if i) the lot or lots proposed for such development have in the aggregate a minimum of five acres of contiguous land, notwithstanding §
415-22F(1) of this bylaw; ii) there are one or more lots abutting the lot(s) in question that are currently zoned Residence; iii) there are one or more lots abutting the lot(s) in question that are currently zoned Business; and iv) the lot(s) in question have the minimum frontage required under §
415-28 only on a street primarily used for residential purposes.
NONCONFORMING USEThe use of any building or land which was lawful at the time of passage of this bylaw, or amendment thereto, but which conflicts with the provisions of the effective zoning district designation.
NURSING HOME/REST HOMEA home for the aged and/or infirm which provides for food, shelter and care of its residents for compensation. Not included within this definition are hospitals, clinics or other medical establishments devoted primarily to the diagnosis and treatment of the sick or injured.
OFFICEA building, room or space where clerical or administrative activities are performed.
PARKING LOTAn open area used exclusively for the temporary storage of motor vehicles where fees may be charged, but where no vehicles may be equipped, repaired, rented or sold.
PLANNED UNIT DEVELOPMENT (PUD)A coordinated, multiple land use project developed, maintained and/or operated as a single unit by an individual, partnership, corporation or cooperative group, which features certain commonly used facilities, such as yards, open space, recreation areas, and parking areas.
REGISTERED MARIJUANA DISPENSARY (RMD)An establishment, owned or operated by a not-for-profit entity registered under 105 CMR 725.100, also known as a Medical Marijuana Treatment Center/Dispensary, that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers solely for the benefit of registered qualifying patients. Unless otherwise specified, registered marijuana dispensary refers to the site(s) of dispensing, cultivation, delivers, transfers, transports, supplies and the preparation of marijuana and or other related supplies. These establishments shall be located wholly inside a structure or building.
[Added 5-5-2014 ATM, Art. 44]
RESIDENCE, MOBILE HOMEA vehicle or movable dwelling structure which is designed to be used for living or sleeping quarters.
RESIDENCE, MULTI-FAMILYA building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units, separated by vertical walls or horizontal floors unpierced except for access to the outside or to a common cellar.
RESIDENCE, SINGLE-FAMILYA detached building, designed for and occupied exclusively by one family, except for a mobile home as defined above.
RESIDENCE, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
RESIDENTIAL COMMERCIAL CARE FACILITYIn single-family, two-family or multi-family residences located in any zoning district, payment of a monetary or other consideration other than normal and reasonable living and housing expenses by a third party not resident in a household to a person residing in said household in exchange for providing living quarters to another person not related to the payee by blood or marriage shall constitute the establishment of a Residential Commercial Care Facility, and shall require the issuance of a Special Permit by the Board of Appeals.
SHOPPING CENTERA group of buildings of a single lot greater than five acres in size providing primarily retail services with supporting services and office establishments. For the purpose of this bylaw, similar uses on a lot less than five acres in size may be established exclusive of the "Shopping Center" requirements of this bylaw except for the Site Plan Review Process and all other requirements of this bylaw.
SPECIAL PERMIT USEA use ordinarily prohibited from a zoning district, but because of its unique characteristics is permitted by approval of either the Board of Appeals or the Planning Board as provided in this bylaw.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it.
STREETA way, over 24 feet in right-of-way width, which:
[Amended 5-7-2012 ATM, Art. 50]
A. Is a public way laid out by a governmental entity or public authority pursuant to Massachusetts General Laws or is shown as a public way on an official map adopted by the Town pursuant to MGL c. 41, § 81E, or has been accepted by the Town as a public way; or
B. Is shown on a plan approved and endorsed in accordance with the "Subdivision Rules and Regulations of Rockland" and MGL c. 41, §§ 81K to 81GG; or
C. Has, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and buildings erected or to be erected thereon.
UNATTENDED DONATION CONTAINERS (UDC)Any box, building, trailer, or other receptacle that is intended for use as a collection point for donated clothing, books or other household materials, intended for use at times when no employee or representative of the sponsoring company, organization or property owner is present to accept donations.
[Added 5-7-2012 ATM, Art. 50]
VARIANCEAn authorized departure to a minor degree from the text of this bylaw issued by the Board of Appeals in accordance with the procedure set forth in this bylaw.
WIND ENERGY FACILITYAll equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
[Added 5-4-2009 ATM, Art. 18]
YARDAn open space which lies between the principal building or group of buildings and a lot line and is unoccupied and unobstructed from the ground level upward.
A. YARD, FRONTAn open space which lies between the principal building or group of buildings and the front lot line and extending the full width of the lot.
B. YARD, REARAn open space which lies between the principal building or group of buildings and the rear lot line extending the full width of the lot.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or group of buildings and the nearest side lot line.
WATERSHED PROTECTION DISTRICTAny area of land designated by the Town as restricted from the use of hazardous materials, for the prevention of contamination of the ground and surface water resources which provide drinking water to the Town. See §
415-21.
ZONING ENFORCEMENT OFFICERThe administrative officer charged with the duty of enforcing the provisions of this bylaw. The administrative officer charged with enforcement duties is the Town Building Inspector. For purposes of this bylaw, the terms Enforcement Officer and Building Inspector shall be considered inter-changeable.