ADULT BOOKSTORE: An 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 G.L. c. 272, § 31.

ADULT CABARET: A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which presents: (a) persons who appear in a state of nudity as defined in G.L. c. 272, § 31; or (b) live performances which are characterized by an emphasis depicting anatomical areas specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, §31; or (c) films, motion pictures, video cassettes, slides, photographic reproductions or any other visual media which are characterized by the depiction or description of anatomical areas specified as above, or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, § 31.

ADULT MOTION PICTURE THEATER: An enclosed building used for presenting material (including, but not limited to, motion picture films, video cassettes, 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 G.L. c. 272, § 31.

ADULT PARAPHERNALIA STORE: An establishment having as a portion of its stock devices, objects, tools, or toys which are distinguished by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement as defined in G.L. c. 272, § 31.

ADULT USE ESTABLISHMENT: An establishment having a substantial or significant portion of its business activity, stock-in-trade, or other materials for sale, rental or display, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual conduct as defined in G.L. c. 272, § 31, including but not limited to the following: any adult bookstore, adult cabaret, adult motion picture theater, adult paraphernalia store or adult video store as defined in these ADULT USES definitions.

ADULT VIDEO STORE: An 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 G.L. c. 272, § 31.

SUBSTANTIAL OR SIGNIFICANT PORTION: (a) 20% or more of the business inventory or stock of merchandise for sale, rental distribution, or exhibition during any period of time; or (b) 20% or more of the annual number of gross sales, rentals, or other business transactions; or (c) 20% or more of the annual gross business revenue; or (d) 20% or more of the hours during which the establishment is open.

AUTOMOBILE REPAIR GARAGE: An establishment, garage or work areas enclosed within a building for the servicing and repair of motor vehicles, but not including (1) installing new parts or accessories that are not replacements for existing parts or accessories (e.g., customizing), or (2) towing or storing a motor vehicle, or (3) storage of vehicles for the cannibalization of vehicle parts, or (4) fuel sales, or (5) indoor or outdoor sale and rental of motor vehicles, box truck, cargo van, motorcycle, trailer, all-terrain vehicle, snowmobile, boat or personal water craft.

AUTOMOBILE SERVICE STATION: A building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories, where repair service, if any, is incidental; excluding storage of abandoned motor vehicles on the premises. May include the sale of propane or kerosene as accessory uses.

GARAGE, PRIVATE: Covered space for the housing of motor vehicles, but not for commercial storage or rental of more than two stalls.

GARAGE, PUBLIC OR STORAGE: A building or part thereof, other than private garage, for the storage of motor vehicles.

BUILDING: A combination of any materials, whether portable or fixed, having a roof, to form a structure for shelter of persons, animals or property. For this definition, "roof" shall include an awning or any similar covering whether or not permanent in nature. The word "building" shall be construed where the context requires as though followed by the words "or part or parts, thereof."

BUILDING AREA: The ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions.

BUILDING HEIGHT: The vertical distance measured from the established grade in business or industry districts, or from the natural grade in residence districts if higher than the established grade or if no grade has been established, to the level of the highest point of the roof beams in the case of flat roofs or roofs inclining not more than one inch to the foot, and to the mean height level between the top of the main plate and the highest ridge in the case of other roofs. Where the lot faces on two or more streets the "established grade" is the average level of the grade on that street frontage where the average grade is highest.

STORY: A "story" is that portion of a building between a floor and the ceiling next above it.

STORY, GROUND: A "ground" story or "first" story is the lowest story entirely above the established or natural grade, whichever level is higher, except that if any basement or cellar is used for residence purposes by more than one person, such basement or cellar shall be deemed to be the first story.

STORY, HALF: The space used for residence purposes above the highest full story provided the roof plate is not higher than four feet above the floor. An "attic" is the space between the top story and a pitched roof.

DWELLING, MULTIFAMILY: A building designed or intended or used as the residence of three or more families, each occupying a separate dwelling unit and living independently of each other, and who may have a common right in halls and stairways; with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE-FAMILY DETACHED: A dwelling other than a mobile home, singly and apart from any other building, designed or intended or used exclusively as the residence of one family.

DWELLING, TOWNHOUSE OR SINGLE-FAMILY ATTACHED: A residential building of at least three but not more than eight single-family dwelling units sharing at least one common or party or fire wall, and with each building having at least one floor at ground level with a separate entrance.

DWELLING, TWO-FAMILY: A detached residential building designed or intended or used exclusively as the residence of two families. A two-family dwelling shall not include a detached single-family dwelling with an accessory apartment.

DWELLING UNIT: A single unit providing complete independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking and sanitation.

GROUP HOME: A premises licensed by or operated by an agency of the Commonwealth of Massachusetts or subdivision thereof as a special residence for people with disabilities.

CHILD CARE CENTER: Staff members provide care for groups of children, often placed in classrooms by age. As defined in M.G.L. c. 15D, § 1A.

HOSPITAL: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.

LIBRARY: A collection of resources in a variety of formats that is organized by information professionals or other experts who provide convenient physical, digital, bibliographic, or intellectual access and offer targeted services and programs with the mission of educating, informing, or entertaining a variety of audiences and the goal of stimulating individual learning and advancing society as a whole.

MUSEUM: Public or quasi-public facilities, including aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, archive libraries, and planetariums, with no retail sales activities other than artwork, an accessory gift/book shop, and/or accessory food sales.

NURSING HOME or CARE FACILITY: Any institution, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of providing three or more individuals admitted thereto with long- or short-term resident, nursing, convalescent, or rehabilitative care; supervision and care for ambulatory persons; or retirement home care for elderly persons. "Long-term care facility" shall include convalescent or nursing homes, rest homes, infirmaries, and sanitariums.

PRIVATE FOR-PROFIT EDUCATIONAL USE: Accredited or nonaccredited educational facilities owned and/or operated by a private company or business that usually does not receive state or federal aid, and are often managed by investors and stakeholders.

PUBLIC OR PRIVATE NONPROFIT EDUCATIONAL USE: Educational facilities owned by a nonprofit organization that often receives state or federal aid.

RELIGIOUS USE: Any use including services, meetings, education, and any other activities conducted by or for a religious group or organization.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

FLOODWAY: The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement.

RECREATIONAL VEHICLE: A vehicle which is:

(a) Built on a single chassis;

(b) 400 square feet or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light-duty truck; and

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY: See FLOODWAY

SPECIAL FLOOD HAZARD AREA: The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.

START OF CONSTRUCTION: The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The "actual start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL REPAIR OF A FOUNDATION: When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile-, column- or pier-supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (as amended by MA in 9th Edition BC).

VARIANCE: A grant of relief by a community from the terms of a floodplain management regulation.

VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3[1] is presumed to be in violation until such time as that documentation is provided.

LOT: A single tract of land held in single ownership throughout and which is bounded by streets, ponds, waterways, or by land of other owners.

LOT DEPTH: The mean distance from a street line of the lot to its opposite rear line, measured in the mean general direction of the side lines of the lot. The "width of a lot" is its mean width measured at right angles to its depth.

LOT FRONTAGE: The continuous portion of the line separating a lot from a street to which the owner of the lot can provide the physical access to a principal building on the lot, in compliance with applicable By-laws, regulations or laws, for motor vehicles to reach required off-street parking spaces or loading bays, and for emergency services such as fire protection or ambulance service, and for other vehicles to gain access to the principal building for deliveries, such as mail.

LOT LINE, REAR: The lot line opposite to the street line or in the case of a corner lot the rear lot line may be elected by the owner.

LOT, CORNER: A lot at the junction of and fronting on two or more intersecting streets 20 feet or more in width. A lot having frontage on two or more streets shall have two or more front yards, each of which shall comply with the requirements of the front yard provisions. In no case shall any building or structure be located closer to the side line of a street than the minimum required front setback.

YARD, FRONT: A space across the full width of the lot and extending from the street line of such lot to that point on the building nearest to such street line.

YARD, REAR: A space across the full width of the lot and extending from the rear lot line to that point on the building nearest to such rear lot line. In the case of a triangular lot with only one side fronting on a street, the rear yard shall be the open unoccupied space between the rear wall of the building and a line halfway between such rear wall and the point of intersection of the side lines of the lot.

YARD, SIDE: A space extending from the front yard to the rear yard between a building and the adjacent side line of the lot on which the building is located.

ASSISTED LIVING RESIDENCE: An assisted living residence is a long-term senior residential facility that provides personal care support services such as meals, medication management, bathing, dressing, and transportation, principally for people age 55 years and over, and certified by the Massachusetts Office of Elder Affairs.

CONTINUING CARE RETIREMENT COMMUNITY: A senior residential development that provides a continuum of senior housing and care services principally for people age 55 years and over, operated or sponsored as a coordinated unit by a corporation or organization, having among its principal purposes the provision of housing and associated services for senior citizens. A CCRC shall include a variety of housing types and may also include semi-institutional facilities such as skilled nursing care or a rehabilitation facility.

INDEPENDENT LIVING UNITS: Multifamily buildings in a senior residential development that are designed and intended for occupancy principally by people age 55 years and over, with units that include some basic services such as meals, housekeeping, grounds maintenance, security, and common areas and common facilities for events and activities benefiting residents of the development.

BANNER SIGN: Signs made of cloth, fabric, paper, non-rigid plastic or similar types of material; national flags, flags of political subdivisions and symbolic flags of an institution or a business are excluded.

CONSTRUCTION SIGN: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architect, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure of project.

ELECTRONIC MESSAGE CENTER: Means any sign on which the characters, letters or illustrations can be changed automatically or through electronic or mechanical means. Electronic message centers include time and temperature signs.

FREESTANDING SIGN: A sign attached to the ground and supported by uprights placed on or in the ground.

POLITICAL SIGN: A temporary sign which advertises a candidate or candidates for public elective office, a political party, or which promotes a position on a public or ballot issue.

REAL ESTATE SIGN: A temporary sign which advertises the real estate on which it is located for rent, lease, or sale.

SHOPPING CENTER SIGN: A pylon type sign announcing the shopping center itself, and shall be a maximum of 20 feet in height, and shall be appropriately landscaped.

SIGN: The term "sign" shall include outdoor structures for advertising, letters, words, models, devices, symbols, revolving or flashing lights, trademarks, and shall include every kind of structure that is arranged, designed or used as an outdoor advertisement, announcement or direction.

SIGN AREA: The area defined by the frame or edge of a sign; however, where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, rectilinear shape which most closely outlines the said sign. Sign area includes the advertising surface and any framing, trim or molding, but not the supporting structure.

SIGN HEIGHT: The vertical distance from the grade below the sign to the uppermost module, cabinet or character.