For the purpose of this bylaw certain terms and words shall have the following meanings. Words used in the present tense include the future; the singular number includes the plural; the plural the singular; the words "used" or "occupied" include the words "designed," "arranged," "intended," or "offered," to be used or occupied; the words "building," "structure," "lot," "land," or "premises" shall be construed as though followed by the words "or any portion thereof"; and the word "shall" is always mandatory and not merely directory. Terms and words not defined herein but defined in the Sharon Subdivision Rules and Regulations and the State Building Code shall have the meanings given therein unless a contrary intention clearly appears.
ACCESSORY BUILDING OR STRUCTUREA building or structure devoted exclusively to an accessory use as herein defined, and not attached to a principal building by any roofed structure.
ACCESSORY USEA use customary and incidental to, and on the same lot as, a principal use.
ADULT DAY CAREA "Social Day Care (SDC) Program" or "Adult Day Health" Program as those terms are defined by the Commonwealth's Executive Office of Elder Affairs (EOEA), serving not more than 15 persons.
ADULT USEFor the purposes of §
7.1, the following definitions shall apply:
1. ADULT USEAdult bookstores, adult cabarets, adult motion-picture theaters, adult paraphernalia stores and adult video stores, or a combination thereof operated as a single business, or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or excitement as defined in MGL c. 272, § 31, and as defined in this bylaw. For purposes of interpreting the definition of "adult use" as defined by this bylaw, "regular or regularly" shall mean a consistent, ongoing and substantial course of conduct, such that the films, performances or business activities so described constitute a significant and substantial portion of the films, performances or business activities offered as a part of the ongoing business of the sexually oriented business. For purposes of this bylaw, "significant or substantial" shall mean more than 25% of the subject establishment's inventory of stock or more than 25% of the subject premises' gross floor area.
2. ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines 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.
3. ADULT CABARETA nightclub, bar, restaurant, tavern, dance hall or similar commercial establishment which regularly features persons or entertainers who appear in a state of nudity or live performances which are distinguished or characterized by nudity, sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
4. ADULT MOTION-PICTURE THEATERAn enclosed building or any portion thereof regularly used for presenting material (motion-picture films, videocassettes, cable television, slides or any other such visual media) distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
5. ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion of its stock 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.
6. ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade, for sale or rent, motion-picture films, video cassettes and similar audio/visual media, 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.
AFFORDABLE HOUSING; BA DISTRICTFor the purposes of §
8.6, the following definitions shall apply:
2. AFFORDABLE HOUSINGHousing that is affordable to and occupied by eligible households. The unit must be approvable to be added to the subsidized housing inventory (SHI) pursuant to MGL c. 40B. Units must be approved through the Local Action Unit (LAU) program of the Massachusetts Department of Housing and Community Development, if not filed as part of a 40B comprehensive permit filing.
3. AFFORDABLE HOUSING RESTRICTIONA deed restriction of affordable housing meeting statutory requirements in MGL c. 184, § 31, and the requirements of this bylaw.
5. ELIGIBLE HOUSEHOLDAn individual or household whose annual income is less than 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
AFFORDABLE HOUSING; BD DISTRICTFor the purposes of §
8.7, the following definitions shall apply:
1. AFFORDABLE HOUSINGHousing that is affordable to and occupied by eligible households. The unit must be approvable to be added to the subsidized housing inventory (SHI) pursuant to MGL c. 40B. Units must be approved through the local action unit (LAU) program of the Massachusetts Department of Housing and Community Development.
ANTENNAA device for transmitting or receiving electromagnetic waves, which is attached to a tower or other structure. Examples include, but are not limited to, whip, panel, and dish antenna(s).
APARTMENTAn apartment (or flat) is a self-contained dwelling unit that occupies only part of a larger building that may contain one or more additional apartments, nonresidential uses, or both. Apartments may be owned (by an owner-occupier) or rented (by tenants).
ART GALLERYA place devoted to the display and sale of objects of art.
BASEMENTA story with at least 40% of its height below finished grade. However, for purposes of determining compliance with the height limit requirements of this bylaw, a basement shall not be considered a story unless its ceiling is five feet or more above the average finished grade abutting the building.
BED AND BREAKFAST FACILITYThe providing of room and breakfast in a dwelling to not more than three transient guests for remuneration. There shall be no more than two persons per room. There shall be adequate off-street parking for residents and guests.
BEDROOMAny area in a dwelling unit which is or could be used for the provision of private sleeping accommodations for residents of the premises, whether such area is designated as a bedroom, guestroom, maid's room, dressing room, den, study, library, or by another name. Any room intended for regular use by all occupants of the dwelling unit, such as a living room, dining area or kitchen, shall not be considered a bedroom, nor shall bathrooms, halls or closets having no horizontal dimension over six feet.
BOARDERAn individual other than a family member occupying a dwelling unit who, for consideration, is furnished sleeping accommodations, meals, and may be provided personal care or other services, but excluding guests at a bed and breakfast.
BODY ART ESTABLISHMENTThe practice of physical adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine in the Commonwealth, such as implants under the skin which shall not be performed in a body art establishment.
BUILDING COVERAGEThe aggregate of the maximum horizontal cross-section area of all buildings on a lot, exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces, expressed as a percentage of total lot area.
BUILDING, ATTACHEDA building having any portion of one or more walls in common with adjoining buildings.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUSINESS DISTRICT D DEVELOPMENT (BDDD)A project located entirely within Business District D having frontage on a way comprised of one or more contiguous lots and business parcels with provisions as may be required for permanent easements running with the land, a master deed and condominium, or other mechanism acceptable to the Zoning Board of Appeals sufficient to ensure vital access and utility service to each lot and business parcel.
[Amended 11-30-2023 STM by Art. 5]
BUSINESS PARCELA tract of land located entirely within a Business District D Development with provisions for vital access and utility services that is suitable as a site for one or more principal buildings.
[Added 11-30-2023 STM by Art. 5]
CHILD CARE CENTERA child care center or school age child care program as those terms are defined in MGL c. 15D, § 1A.
CORD WOODWood that has been cut into uniform lengths, used especially as firewood.
CRAFT SHOPShop for the fabrication, alteration or maintenance of hand-portable goods and household furnishings, such as cabinet makers, upholsterers, etc., to be delivered on the premises, 1) that at least 25% of the floor area of such a permitted shop is devoted to retail sales; 2) that all such work is done directly for the ultimate consumer; 3) that no motor in excess of 10 horsepower is used.
DISCHARGEThe accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of toxic or hazardous materials upon or into any land or water in the Town of Sharon. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage system and disposal of such materials into any on-site sewage disposal system, dry well, catch basin or unapproved landfill. The term "discharge" shall not include the following:
1. Proper disposal of any material in a sanitary or industrial landfill that has received and maintained all necessary legal approvals for that purpose;
2. Application of fertilizers and pesticides in accordance with label recommendations and with regulations of the Massachusetts Pesticide Control Board;
3. Application of road salts in conformance with snow control programs of the Massachusetts Department of Transportation; and
4. Disposal of sanitary sewage to subsurface sewage disposals systems as defined and permitted by Title V of the Massachusetts Environmental Code and the Town of Sharon Board of Health regulations.
DORMITORYA building containing sleeping rooms, dining rooms, common rooms, and accessory facilities intended exclusively for the use of students of an educational institution, having been constructed or converted by that institution or with its specific authorization.
DRIVE-THROUGHA facility located on one side of a building through which customers receive services, food or merchandise while remaining in their motor vehicles.
DWELLINGA building designed exclusively for residential occupancy, including one-family, two-family and multiple residences, but not including hotels or boardinghouses.
4. DWELLING UNITAn area within a dwelling consisting of one or more rooms, providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including rooms for living, sleeping and eating.
ESSENTIAL SERVICESServices and facilities offered by public utility or governmental agency by the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems and structures, excluding power plants or transfer stations. Facilities necessary for the provisions of essential services include poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are municipal, state, or federal services and facilities.
FLOOR AREA RATIOThe gross floor area (as defined below) of all buildings on a lot divided by the lot area (as defined below).
FLOOR AREA, HABITABLEThat area of a structure satisfying the requirements for a habitable room in the Minimum Standards of Fitness for Human Habitation of the Massachusetts Department of Public Health (Article II of the State Sanitary Code).
FUNERAL ESTABLISHMENTFacility for the conducting of funerals and related activities such as embalming or cremation.
GARAGE, GROUPA building, a part of a building, or a group of buildings, other than a private garage, made up of units containing provisions for not more than two motor vehicles in each unit, in which motor vehicles are kept and taken care of by their respective owners, who are either tenants or owners of each unit in which their motor vehicles are kept, all said motor vehicles being solely for private or professional use, and not for sale, rent, hire, exhibition or demonstration purposes.
GARAGE, PRIVATEA building or part of a building in which one or more vehicles are kept for private or professional use, and in which no motor vehicles are kept for sale, rent, hire, exhibition or demonstration purposes.
GARAGE, PUBLICAny building or part of a building in which motor vehicles are kept other than a private garage or group garage. A salesroom or showroom for motor vehicles shall be regarded as a public garage if any motor vehicle is kept in such room with gasoline in its tank.
GENERAL SERVICE ESTABLISHMENTShop for lawn mower or small appliance repair, upholstery or furniture repair, bicycle repair person, printer, blacksmith, builder, carpenter, caterer, electrician, lawn mower service person, mason, painter, plumber or roofer.
GROSS FLOOR AREAThe sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet but not exceed the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment.
GROSS LEASABLE FLOOR AREAThe total floor area reserved for tenant occupancy and exclusive use of a business, measured from centerlines of joint partitions and from the exterior faces of external walls. As in "gross floor area," it does not include cellars, etc.
HEALTH CARE CENTERMay include urgent care services, primary care services, specialist services, clinics, outpatient facilities, diagnostic and lab services, day surgery, rehabilitation and sports medicine, mental health, and similar medical services provided that no overnight patient beds are provided.
HEIGHT, BUILDINGThe vertical distance of the highest point of the roof beams above the mean grade of the curb or of the street surface at the centerline of the highest adjoining street, or the mean grade of the ground adjoining the building if such building does not lie nearer than 12 feet to a street line. The limitations as to building height in feet shall not apply to such nonresidential accessories as chimneys, ventilators, skylights, tanks, bulkheads, penthouses and other accessory features which are required or are customarily carried above roofs, nor to towers, spires, domes, cupolas and ornamental features of churches and other buildings, if such features are not used for living purposes.
HEIGHT, STRUCTUREThe vertical distance between the highest point of the structure, other than a building, including any devices attached thereto, and the grade.
HOME OCCUPATIONAn accessory activity carried on by only the permanent resident of a dwelling, inside the principal building, requiring only customary home or hobby type equipment and no physical evidence of which is observable from outside the building. See §
3.4.
HOSPITALA building housing a facility or institution licensed to provide short-term acute in-patient and/or outpatient medical and/or surgical care; not to include a doctor's office.
HOTELA building designed for occupancy as the temporary residence of transient tourists who are lodged with or without meals, and in which no provision shall be made for cooking in any individual room or suite.
IMPERVIOUSAny surface impenetrable by surface water, or having a percolation rate longer than 30 minutes per inch.
LOTAn area or parcel of land or any part thereof in individual, joint or common ownership, or in ownership by the entirety, which is designated on a plan as a separate lot and which has boundaries identical with those on a plan recorded in the county registry of deeds or Land Court.
1. LOT AREAThe horizontal area of the lot, exclusive of any area in a street or recorded way open or proposed to be open to public use. For lots created subsequent to the adoption of this provision, at least 90% of the lot area required for zoning compliance shall be land other than that under any body of water, including watercourses, or any bog, swamp, wet meadow or marsh, as defined in MGL c. 131, § 40, to be determined by the Inspector of Buildings, following consultation with the Conservation Commission.
2. LOT, CORNERA lot fronting on the street lines of two intersecting streets, which street lines form an interior angle of 120° or less; or a lot located on a bend in a street where the street line bends so as to form an interior angle of 120° or less; or a lot on a curve in a street, or on a curve at the intersection of two streets, where two lines tangent to the street line at the intersection of each sideline of the lot with the street lines, if prolonged towards the curve, form an interior angle of 120° or less.
3. LOT COVERAGEThe percent of lot area covered by any impervious surface.
MAJOR NONRESIDENTIAL DEVELOPMENTConstruction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial, or residential structure with 50 or more dwelling units with 25,000 square feet or more of gross floor area.
[Amended 11-30-2023 STM by Art. 5]
MANUFACTURINGA use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding the following: acid manufacture; cement, bituminous concrete or asphalt manufacture; lime, gypsum or plaster of paris manufacture; production of chlorine or similar noxious gases; distillation of bones; drop-forge industries manufacturing forging with power hammers; manufacture or storage of explosives in bulk quantities; fertilizer manufacture; garbage, offal, or dead animal reduction or dumping; glue manufacture; hair manufacture; petroleum refining; processing of sauerkraut, vinegar or yeast; rendering or refining of fats or oils; smelting of tin, copper, zinc or iron ore, including blast furnace or blooming mill; stockyard or feeding pen; slaughter of animals, not including the killing of fowl.
MANUFACTURING, LIGHTLight industry or light manufacturing. Includes the following (with related offices): a) assembly of previously prepared or manufactured parts; b) machine shops or other metal working; c) printing and graphic arts establishments; d) manufacture, compounding, processing, packaging, stamping or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceutical and biotechnical, toiletries and food products, and wood, but not including the rendering of fats or oils.
MARIJUANA ESTABLISHMENTFor the purposes of §
7.3, the following definitions shall apply:
1. MARIJUANA ESTABLISHMENTA marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
2. REGISTERED MARIJUANA DISPENSARY (RMD)A building or structure used for a medical marijuana treatment center approved and licensed by the Massachusetts Department of Public Health pursuant to 105 CMR 725.000, owned and operated by a not-for-profit or for-profit entity registered under 105 CMR 725.100, that acquires, cultivates, possesses, processes (including development of related products such as 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. Unless otherwise specified, "RMD" refers to the site(s) of dispensing, cultivation and preparation of marijuana.
MEDICAL CLINICA facility as defined in 105 CMR 145.020, including a mobile clinic and urgent care facility.
MEDICAL OFFICEA building designed and used as an office by physicians, dentists, or psychotherapists for the diagnosis and treatment of human patients that does not include overnight care facilities or licensing as a clinic.
MIXED-USE BUILDINGA building intended and designed to be used for at least two different permitted uses—one residential, the other nonresidential—as allowed in this bylaw.
MOBILE HOMEAny vehicle or object, which is drawn by or used in connection with a motor vehicle, and which is so designed and constructed or reconstructed or added to by means of such accessories as to permit the use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundations. The term "mobile home" includes the type of vehicle or modular construction commonly known as a mobile home, containing complete electrical, plumbing, and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters.
MOTOR VEHICLEAny vehicle self propelled by a battery-powered, electric or internal combustion engine, which are permitted and requires a valid registration legally issued by a governmental authority in order to be operated on a public way. A motor vehicle shall include but not be limited to automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors.
MOTOR VEHICLE LIGHT SERVICE STATIONA building or premises used for the dispensing, sales or offering for sale of motor fuels directly to users of motor vehicles. Other sales activities and any repairs shall be activities minor in scope and clearly subordinate to the sale of motor fuels, oils and lubricants. No drive-through facilities are permitted without further zoning relief.
MOTOR VEHICLE REPAIR SHOPA building or part of a building in which structural repairs are made to motor vehicles, or a repair shop in a garage or other building in which machinery is used. An automobile school or a motor vehicle auto body or paint shop shall be regarded as a motor vehicle repair shop.
MULTIPLE RESIDENCEA building containing three or more dwelling units. Also known as a "multifamily dwelling," "garden apartment," "townhouse," or "condominium."
MUNICIPAL COMMERCIAL SOLAR ENERGY SYSTEMSSystem on land owned by the Town of Sharon, other than land under the control of the Sharon Conservation Commission; provided, however, such use is permitted only on a parcel consisting of two or more acres. Parcels separated by a road shall be considered adjacent for purposes of this definition. Municipal commercial solar energy systems permitted under this definition shall be exempt from lot coverage, natural vegetation and impervious surface requirements as otherwise set forth in this bylaw.
MUNICIPAL INDOOR/OUTDOOR RECREATIONFacility on land owned by a municipal body, other than land under the control of the Sharon Conservation Commission; provided, however, such use is permitted only on a parcel consisting of two or more acres and which parcel is adjacent to existing municipal recreation or park uses. Parcels separated by a road shall be considered adjacent for purposes of this definition.
NATURAL VEGETATION AREALand having a well-established cover of thatch, mulch or leaves, characterized by a prevalence of native plants requiring minimal use of fertilizers, herbicides or pesticides and no underground piped irrigation systems allowed.
NONCONFORMING STRUCTUREA lawfully created structure the use of which, in whole or in part, does not conform to the regulations of the district in which the building is located.
NONCONFORMING USEA lawfully created use which does not conform to the use regulations of the district in which such use exists.
OFFICE, BUSINESS OR PROFESSIONALA business establishment, which does not offer a product or merchandise for sale to the public but offers a professional service to the public. However, general or personal service establishments are not to be included in the definition of business offices.
OPEN SPACEA portion of a lot or other area of land associated with and adjacent to a building or group of buildings in relation to which it serves to provide light and air, for scenic, recreational or similar purposes. Such space shall be available for use by the occupants of the building(s) with which it is associated, and to the general public as appropriate with respect to the location of the open space on the lot and the nature of the use. Open space shall include parks, plazas, playgrounds, lawns, landscaped areas, decorative plantings and pedestrian ways. Streets, parking lots, driveways, service roads, loading areas, and areas normally inaccessible to pedestrian circulation shall not be counted in determining required open space.
OUTDOOR STORAGE AND DISPLAY OF GOODS FOR SALEWhether as a principal or accessory use, but not including secondhand goods or parts, nor bulk goods such as lumber or gravel, provided all outdoor storage and display is screened from side and rear lot lines in the manner described in this bylaw.
PARKING FACILITYA surface parking lot, or a structure, providing three or more parking spaces together with internal islands, dividers, walks, and landscaping, plus vehicular drives which abut those elements, but not including other portions of entrance or exit drives.
PERSONAL SERVICE ESTABLISHMENTA facility providing personal services such as hair or nail salon, barber shop, tanning beds, dry cleaning, print shop, photography studio, and the like.
PET CARE FACILITYA business providing for the diagnosis and treatment of ailment of animals other than humans, including facilities for indoor overnight care. Indoor animal day care and grooming facilities are also allowed. Crematory facilities or outdoor enclosures for animals are prohibited. Zoning changes for pet care facilities existing prior to May 1, 2023, are not applicable.
[Added 5-1-2023 ATM by Art. 11]
PRIVATE NONPROFIT CLUB OR LODGEA social, sports or fraternal nonprofit association or organization which is used exclusively by members and their guests which may contain bar facilities.
RECREATION AND RESIDENTIAL OVERLAY DISTRICT (RROD)For the purposes of §
9.5, the following definitions shall apply:
1. MULTIUSE CLUBHOUSEA facility in one or more buildings grouped around a common parking area that includes a golf clubhouse if the project includes an operational golf course and may include one or more private facilities as follows: a sit-down restaurant, function facility, or gymnasium/health club/fitness center.
2. PRIMARY ACCESS DRIVEA vehicular and pedestrian access facility, including appurtenant utilities, providing primary access to three or more buildings containing two-family dwellings or to a building containing a multiuse clubhouse or to a parking facility for golf course users or any of the aforesaid.
3. RECREATION AND RESIDENTIAL OVERLAY DISTRICT PROJECTA project located on one or more contiguous lots of land within the Recreation and Residential Overlay District and developed pursuant to the requirements of §
9.5 with two-family dwellings, a multiuse clubhouse, a golf course, and open space used for active recreation and/or conservation purposes and with uses of land and buildings or dimensional, parking, and loading requirements governed by the provisions of §
9.5.
RECREATIONAL USE OR FACILITY, INDOORIndoor public or private commercial sport use or facility for amusement, leisure, or recreation, theater, motion picture house, bowling alley, dance hall, pool room, and the like.
RECREATIONAL USE OR FACILITY, OUTDOOROutdoor public or private commercial sport use or facility for amusement, leisure, or recreation, including boat livery, outdoor ice skating rink, recreation camp, ski ground, riding academy or stable, golf driving range, miniature golf course, and the like.
RESEARCH AND DEVELOPMENT; LABORATORYLaboratory or research establishments including biotechnology companies, but excluding laboratories categorized as Level 3 and Level 4 by the National Institutes for Health.
RESTAURANT, FAST FOODAn establishment whose primary business is the sale of food for consumption on or off the premises which is: 1) primarily intended for immediate consumption rather than for use as an ingredient or component of meals; 2) available upon a short waiting time; and 3) packaged or presented in such a manner that it can be readily eaten, either inside or outside the premises where it is sold.
RETAIL LARGEA facility with more than 10,000 square feet of gross floor area selling new or used goods to an end user but not otherwise specifically listed in the Table of Use Regulations.
RETAIL, SMALLA facility with less than 10,000 square feet of gross floor area selling new or used goods to an end user but not otherwise specifically listed in the Table of Use Regulations.
SALES AND SERVICE FACILITYThe land and buildings thereon primarily used for the particular purpose of selling and servicing manufactured or processed products.
SENIOR HOUSING FACILITYFor the purposes of §
8.2, the following definitions shall apply:
1. ASSISTED LIVING FACILITYA residential development subject to certification by the Executive Office of Elder Affairs under MGL c. 19D and 651 CMR 12.00.
3. INDEPENDENT LIVING FACILITYA facility providing apartments for rent, with optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the facility.
4. LONG TERM CARE FACILITYA facility, including a convalescent or senior housing facility, rest home, infirmary maintained in towns, and charitable homes for the aged, as defined and regulated in 105 CMR 150.001.
5. SENIOR HOUSINGHousing for persons over the age of 55 subject to the Senior Housing Laws, as defined herein.
6. SENIOR HOUSING FACILITYAn assisted living facility, continuing care facility, independent living facility, or long term care facility, whether operated as a free-standing facility or in combination with another type of facility on the same lot or adjacent lot in common control.
7. SENIOR HOUSING LAWSCollectively and separately, the Fair Housing Act, 42 USC § 3607(b), 24 CFR Subtitle B, Ch.
1, 100.300 et seq. and MGL c. 151B, § 4.
SHARON COMMONS SMART GROWTH OVERLAY DISTRICT (SCSGOD)For the purposes of §
9.4, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this section. To the extent that there is any conflict between the definitions set forth in this section and the Enabling Laws, the terms of the Enabling Laws shall govern.
5. AS-OF-RIGHT PROJECT OR PROJECTA residential development allowed under §
9.4 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.
6. ASSISTED LIVING FACILITYA residential development subject to certification by the Executive Office of Elder Affairs under MGL c. 19D and 651 CMR 12.00.
8. DEVELOPMENT PROJECTA residential development undertaken within the SCSGOD. A development project shall be identified on a site plan which is submitted to the plan approval authority for site plan review in accordance with the requirements of §
9.4.
9. DHCDThe Department of Housing and Community Development of the Commonwealth of Massachusetts or any successor agency.
10. ELIGIBLE HOUSEHOLDAn individual or household whose annual income is less than 80% of the area-wide median income as determined by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
13. PLAN APPROVALStandards and criteria which a project in the SCSGOD must meet under the procedures established herein and in the enabling laws.
14. PLAN APPROVAL AUTHORITY (PAA)For purposes of reviewing project applications and issuing decisions on development projects within the SCSGOD, the PAA, consistent with MGL c. 40R and 760 CMR 59.00, shall be the Zoning Board of Appeals. The PAA is authorized to approve a site plan to implement a project.
15. SITE PLANA plan depicting a proposed development project for all or a portion of the SCSGOD and which is submitted to the PAA for its review and approval in accordance with provisions of this bylaw.
SHIPPING CONTAINERAn intermodal freight container, that is, a container designed to be moved from one mode of transport to another without unloading and reloading.
SHORT-TERM RENTALSFor the purposes of §
3.5, the following definitions shall apply:
[Added 5-1-2023 ATM by Art. 26]
1. BED AND BREAKFASTA bed and breakfast establishment is a private owner-occupied house where four or more rooms are rented, a breakfast is included in the rent and all accommodations are reserved in advance. A bed and breakfast establishment, as defined above, requires registration with Massachusetts Department of Revenue (DOR). A bed and breakfast home is defined as a private owner-occupied house where not more than three rooms are rented, a breakfast is included in the rent and all accommodations are reserved in advance. A bed and breakfast home is not subject to any additional taxes beyond those otherwise applicable to real estate. Registration with DOR is not required.
3. COMMERCIAL MEETINGSA meeting in which a group of people comes together to discuss business issues with the intent to make a profit, or any gathering in which the intent is the purchase or sale of goods or services which results in profit for one or all the involved parties.
4. DWELLINGAny building or area in a building used or intended for use for human habitation, including, but not limited to, apartments, condominiums, cottages, guesthouses, one-, two- or multiple-unit residential buildings, and rooming houses, but not including any licensed facility.
5. FRONT YARDThe area between the roadway and the part of the structure nearest to the roadway.
7. LICENSED FACILITYAny facility licensed under any state or local laws or regulations other than those registered under this chapter.
9. OCCUPANTAnyone residing overnight in a dwelling.
11. OPERATOR'S AGENTA person who, on behalf of an operator of a short-term rental: i) manages the operation or upkeep of a property offered for rent; or ii) books reservations at a property offered for rent. An "operator's agent" shall include, but not be limited to, a property manager, property management company or real estate agent.
12. OWNERAny person who alone or severally with others has legal title to any dwelling, dwelling unit, rooming unit or parcel of land, vacant or otherwise; mortgagee in possession; or agent, trustee or other person appointed by the courts.
13. PERSONAny individual, partnership, corporation, firm, association, or group including a governmental unit other than the Town of Sharon or any of its agencies.
14. SHORT-TERM RENTALAn occupied property that is not a hotel, motel, lodging house, or bed and breakfast establishment, where at least one room or unit is rented out by an operator through the use of advance reservations, for a fee, for a period of not more than 31 consecutive calendar days. A short-term rental includes an apartment, house, cottage, and condominium. It does not include property that is rented out through tenancies at will or month-to-month leases. It also does not include time-share property or bed and breakfast homes (see definition of bed and breakfast). Massachusetts Department of Revenue (DOR) registration of short-term rentals is required.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)A public board of the Town of Sharon authorized under enabling provisions of MGL c. 40A and specific provisions of this bylaw to hold hearings, make determinations and findings, and subsequently issue or deny special permits, variances, or other special approvals specified in this bylaw. The special permit granting authority shall be the Zoning Board of Appeals unless specifically designated otherwise in this bylaw to be another authorized board or agency as allowed under the Massachusetts General Laws.
STABLE, PRIVATEA building or part of a building in which one or more horses are kept for the private use of the owners or residents of the premises.
STABLE, PUBLICAny building or part of building in which horses are kept, other than a private stable.
STORYThe portion of a building included between the surface of a floor and the surface of the floor or roof next above and not including a below-grade parking structure or basement.
STREET OR WAYIncludes all public ways and all private ways commonly used as streets, or for the purpose of passing and repassing. It also includes Select Board layouts.
STRUCTUREA combination of materials for permanent or temporary occupancy of use, such as a building, bridge trestle, tower, framework, retaining wall supporting more than four feet of unbalanced fill, tank, tunnel, tent (except those less than 120 square feet and erected for fewer than 30 days), solar panel, wind turbine, stadium, reviewing stand, platform when more than one foot above grade, swimming pool, permanently affixed play structure, shelter, pier, storage container, sign, fuel pump, recreational court, or the like.
STUDIO APARTMENTA dwelling unit containing less than 400 square feet and without a separate bedroom.
TELECOMMUNICATIONS FACILITYFor the purposes of §
7.2, the following definitions shall apply:
1. ADEQUATE CAPACITYCapacity is considered to be "adequate" if the grade of service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the telecommunications facility in question, where the blocking of wireless telephone calls is due to frequency contention at the antenna(s).
2. ADEQUATE COVERAGECoverage is considered to be "adequate" for a given area if the telecommunications services provided by a given telecommunications provider for that area meet reasonable standards of service. Any party wishing to install additional telecommunications equipment or facilities in the Town of Sharon must provide sufficient evidence to the SPGA, subject to independent review, that the additional telecommunications equipment or facilities are necessary to provide adequate coverage for the area in question.
3. ANTENNAA device for transmitting or receiving electromagnetic waves, which is attached to a tower or other structure. Examples include, but are not limited to, whip, panel, and dish antenna(s).
4. AVAILABLE SPACEThe space on a tower or structure to which antennas of a telecommunications provider are both structurally able and electromagnetically able to be attached.
5. BASE STATIONThe primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of telecommunications provider can be located at a single telecommunications facility.
6. BULLETIN 65Published by the FCC Office of Engineering and Technology specifying radio frequency radiation levels and methods to determine compliance.
7. CAMOUFLAGEDTelecommunications equipment or a telecommunications facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure is considered "camouflaged."
8. CHANNELThe segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.
9. CO-LOCATIONThe use of a single mount on the ground by more than one telecommunications provider (vertical co-location), and/or several mounts at an existing site by more than one telecommunications provider.
11. DATA MAPPINGDepicting on a map, by graphical (colors, shading or symbols) means, the actual or predicted values of signal-coverage parameters in order to establish adequacy of capacity or coverage.
12. dBm — Unit of measure at the input of a receiver, given its antenna system gain at a particular frequency, expressed as decibels (dB) above one milliwatt. Signal predictions with this measure are valid at one particular frequency, and must identify all receiver and antenna combinations.
13. dBµ — Unit of measure of the field intensity of an electromagnetic signal, expressed as decibels (dB) above one microvolt per meter, an absolute measure for describing and comparing service areas, independent of the many variables (see "dBm") introduced by different receiver configurations. This unit of measure shall be used for coverage prediction plots.
14. DRIVE TESTINGTesting in which reception results, obtained by driving through an area using a vehicle-mounted receiver, are recorded for analysis. Preliminary drive tests may be made of existing telecommunications facility coverage and/or the propagation characteristics of transmission from a possible telecommunications facility location (using a temporary antenna and low-power transmitter); follow-up drive testing may be used after activation of a telecommunications facility and in conjunction with cell tuning.
15. ELECTROMAGNETICALLY ABLEThe determination that the proposed antenna(s) meets manufacturers' minimum separation recommendations, given the location and operating parameters of existing and proposed antenna(s).
16. ELEVATIONThe elevation at grade or ground level shall be given as above mean sea level (AMSL). The height of a telecommunications facility shall be given as above ground level (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The total elevation of a telecommunications facility is AGL plus AMSL.
17. EMFElectromagnetic field. The radio frequency emissions or radiation produced by wireless transmitters.
18. ENVIRONMENTAL ASSESSMENT (EA)The document required by the FCC and the National Environmental Policy Act (NEPA) when a telecommunications facility is to be placed in certain designated areas such as wetlands or other sensitive habitats. A copy of any EA filed with the FCC shall also be filed with the SPGA.
19. ERPEffective radiated power.
20. FACILITY SITEA property, or any part thereof, which is owned or leased by one or more telecommunications providers and upon which one or more telecommunications facilities and required landscaping are located.
21. FALL ZONEThe area on the ground within a prescribed radius from the base of a tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
22. FCCFederal Communications Commission. The government agency responsible for regulating telecommunications in the United States.
23. GHZGigahertz. A measure of electromagnetic radiation equaling one billion hertz.
24. GRADE OF SERVICEA measure of the percentage of wireless telephone calls which are able to connect to the base station during the busiest hour of the day. Grade of service is expressed as a number such as p.05, which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better grade of service.
25. HEIGHT OF TOWERThe vertical distance between the highest point of the tower, including any devices attached thereto, and the grade.
26. HZHertz. One hertz is the frequency of an electric or magnetic field that reverses polarity once each second, or one cycle per second.
27. LICENSED CARRIERAn entity authorized by the FCC to construct and operate a telecommunications facility.
28. LOCATIONReferences to a facility site location shall include the exact longitude and latitude to the nearest tenth of a second, with bearing or orientation referenced to true North.
30. MAJOR MODIFICATION OF AN EXISTING TOWERAny increase or proposed increase in dimensions of an existing or permitted tower or other structure designed to support telecommunications transmissions, receiving and/or relaying antennas and/or other telecommunications equipment.
31. MHZMegahertz. A measure of electromagnetic radiation equaling one million hertz.
32. MONITORINGThe measurement, by the use of instruments in the field, of nonionizing radiation exposure at a given location.
33. MONITORING PROTOCOLThe testing protocol, such as the Cobbs Protocol (or one substantially similar, including compliance determined in accordance with the National Council on Radiation Protection and Measurements, Reports 86 and 119), which is to be used to monitor the emissions and determine exposure risk from existing and new telecommunications facilities upon adoption of this bylaw. As telecommunications technology changes, the SPGA may require by regulation the use of other monitoring protocols. A copy of the monitoring protocol shall be kept on file with the Select Board and the Town Clerk.
34. MONOPOLEA single self-supporting vertical pole with no guy wire anchors, usually consisting of galvanized or other unpainted metal, or wood, with below grade foundations. (See "tower.")
35. NONIONIZING RADIATIONAny electromagnetic radiation, including radio frequency radiation, incapable of producing ions directly or indirectly.
36. PERSONAL WIRELESS SERVICESCommercial mobile services, unlicensed wireless services, and common-carrier wireless exchange access services. These services include: cellular services, personal communications systems (PCS), specialized mobile radio services, and paging services.
37. RADIAL PLOTSRadial plots are the result of drawing equally spaced lines (radials) from the point of an antenna, calculating the expected signal, and indicating this graphically on a map. The relative signal strength may be indicated by varying the size or color at each point being studied along the radial; a threshold plot uses a mark to indicate whether that point is strong enough to provide adequate coverage; i.e., the points meeting the threshold of adequate coverage.
38. RADIATED-SIGNAL PROPAGATION STUDIES OR COVERAGE PLOTSComputer-generated estimates of the signal emanating from antenna(s) or repeater(s) sited on a specific tower or structure, and prediction of coverage. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the facility site and its surroundings are all taken into account to create these estimates, which are the primary tools for determining whether a facility site will provide adequate coverage for the telecommunications facility proposed for that site.
40. REPEATERA low-power receiver/relay transmitter generally of less than 20 watts' output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.
41. SCENIC VIEWA wide angle or panoramic field of sight and may include natural and/or man-made structures and activities. A scenic view may be from a stationary viewpoint or be seen traveling along a roadway, waterway, or path, and may also be to a far away object or a nearby object.
42. SECURITY BARRIERA locked, impenetrable wall, fence or berm, which completely seals an area from unauthorized entry or trespass. Razor wire may not be used. Security barriers shall be compatible with the surrounding landscape.
43. SEPARATIONThe distance between one telecommunications provider's array of antennas and another telecommunications provider's array of antennas.
44. SITEThe land area that is, or will be, temporarily or permanently altered during construction and/or use of any telecommunications tower or facility. Alterations include all construction activities, fencing, landscaping, screening, structures, parking facilities, etc. Access roads and utility lines shall not be considered to be part of the site, except where specified in these regulations.
46. STRUCTURALLY ABLEA determination that a tower or structure is capable of carrying the physical load imposed by the proposed new antenna(s) under all reasonably predictable conditions as determined by a professional structural engineering analysis.
47. TELECOMMUNICATIONSCommercial mobile services, unlicensed wireless services, and personal wireless services. Said services include cellular services, personal communications services (PCS), specialized mobile radio services, broadcast and paging services. The FCC regulates such services.
49. TELECOMMUNICATIONS EQUIPMENTAll equipment (including repeaters) at a given site with which a telecommunications provider broadcasts and receives the radio frequency waves which carry its services. This equipment may be sited on one or more towers or structures owned and permitted by another owner or entity.
50. TELECOMMUNICATIONS FACILITYAll telecommunications equipment and the structures enclosing or supporting that equipment, such as towers and communications equipment shelters, at a given location. For the purposes of this bylaw, the terms "wireless communications facility" and "teleport" shall be governed by this bylaw's provisions regarding telecommunications facilities.
52. TELEPORTA facility using satellite dishes of greater than three feet in diameter, which are designed to up-link to communications satellites.
53. TILED COVERAGE PLOTSTiled plots result from calculating the signal at uniformly spaced locations on a rectangular grid, or tile, of the area of concern.
54. TOWERA structure intended to support antenna(s) and associated equipment.
TOXIC OR HAZARDOUS MATERIALSAll liquid hydrocarbon products, including, but not limited to, gasoline, fuel and diesel oil; and also any other toxic, caustic or corrosive chemicals, radioactive materials, or other substance controlled as being toxic or hazardous by the Division of Hazardous Waste under the provisions of MGL c. 21C.
TRADE WORKSHOPShop of a carpenter, plumber, electrician, mason at which goods are stored and used in the trade, not for sale.
TRAILERAny vehicle or object which is drawn by a motor vehicle.
WAREHOUSE, SELF-STORAGEA facility where individual portions of the space are rented to consumers for the temporary storage of business or personal items.
YARDA portion of a lot, upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein. A court shall not be considered to be a yard or any part thereof.
1. YARD, FRONTA yard extending for the width of the lot between the front line of the nearest building wall and the front lot line.
2. YARD, REARA yard, except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
3. YARD, SIDEYard extending for the full length of a building between the nearest building wall and the side lot line.