ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, electronic media, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "sexual conduct" as that term is defined in MGL c. 272, § 31, "sexual devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including: dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other preparations or an establishment with a segment or section devoted to the sale or display of such materials.

ADULT MOTION PICTURE THEATER — An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "sexual conduct" as defined in MGL c. 272, § 31, for observation by patrons therein.

ADULT MINI MOTION PICTURE THEATER — An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "sexual conduct" as defined in MGL c. 272, § 31 (as defined below), for observation by patrons therein.

ADULT LIVE ENTERTAINMENT ESTABLISHMENTS — Establishments which feature live entertainment which consists of entertainers engaging in "sexual conduct" or "nudity" as defined in MGL c. 272, § 31.

MASSAGE SERVICE ESTABLISHMENTS — "Massage" shall mean 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 electric apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment 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. The practice of massage as adult entertainment shall not include the following individuals while engaged in the personal performance of duties or their respective professions:

Physicians, surgeons, chiropractors, osteopaths, or physical therapists or massage therapists who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts.

Nurses who are registered under the laws of the Commonwealth of Massachusetts.

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.

DWELLING, SINGLE-FAMILY — A detached building containing one dwelling unit.

DWELLING, TWO-FAMILY — A detached building containing two dwelling units. Only one such building shall be developed on any one lot.

DWELLING, MULTIFAMILY — A detached building containing three or more dwelling units.

DWELLING UNIT — One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME — Affordable to households or persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning less than 50% of the median income, adjusted for household size.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME — Affordable to households or persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning more than 50% but less than 80% of the median income, adjusted for household size.

CONTIGUOUS OPEN SPACE — Open space suitable, in the opinion of the Planning Board, for the purposes set forth in Section 7.1. Such open space may be separated by the road(s) constructed within the flexible development. Contiguous open space shall not include required yards.

AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.

BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year.

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.

DISTRICT — The Floodplain Overlay District.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The agency administering the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.

FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) — An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

FLOODWAY — The channel of a river 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.

LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of the NFIP Regulations (44 CFR 60.3).

NEW CONSTRUCTION — For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purposes of determining insurance rates, "new construction" means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.

ONE-HUNDRED-YEAR STORM — See "base flood."

REGULATORY FLOODWAY — See "floodway."

SPECIAL FLOOD HAZARD AREA — An area having special flood and/or flood-related erosion shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, VI-30, or VE.

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. "Structure," for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before damage occurred.

SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall affects the external dimensions of the structure.

ZONE A — The one-hundred-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.

ZONE AE (for new and revised maps) — The one-hundred-year floodplain where the base flood elevation has been determined.

ZONE X — Areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.

LOT, CONTIGUOUS — A lot which physically abuts another lot or lots under common ownership, or a lot which is physically separated from another lot or lots under common ownership only by a street in which the fee ownership is retained by the party owning the abutting lots.

LOT, CORNER — A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines, or in case of a curved street, extended lot lines, being not more than 135°.

LOT DEPTH — The horizontal distance between the front lot line and the rear lot line.

LOT FRONTAGE — The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line.

LOT LINE, FRONT — The property line dividing a lot from a street (right-of-way). On a corner lot the owner shall designate one street line as the front lot line.

LOT LINE, REAR — The lot line opposite the front lot line.

LOT LINE, SIDE — Any lot line not a front or rear lot line.

LOT, NONCONFORMING — A lot lawfully existing at the effective date of this bylaw, or any subsequent amendment thereto, which is not in accordance with all provisions of this bylaw.

LOT, THROUGH — An interior lot, the front and rear lot lines of which abut streets, or a corner lot, two opposite lines of which abut streets.

LOT, WIDTH — The horizontal distance between side lot lines, as required by the Table of Dimensional and Density Regulations,[2] is to be measured at the minimum front yard depth (required setback distance), at the minimum required lot depth, and at all intermediate side line points.

MEDICAL MARIJUANA TREATMENT CENTER (MMTDF) — A not-for-profit entity, as defined by Massachusetts law only, registered under the state 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. No medical marijuana treatment center shall be located within 500 feet of the property line of a property used for residential dwelling, public or nonprofit school or public park or playground. A special permit issued to a medical marijuana treatment center is nontransferable and nonassignable. A medical marijuana treatment center shall not be allowed as an accessory use to any other use.

MARIJUANA FOR MEDICAL USE — Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions.

MARIJUANA CULTIVATION — The process of propagation, including germination, using soil, hydroponics, or other mediums to generate growth and maturity; the intended process of bringing a plant or other grown product to maturity for harvesting, sale, refining or use as an ingredient in further manufacturing or processing. This definition encompasses marijuana cultivation related to medical marijuana treatment centers, personal cultivation by qualifying patients or cultivation by personal caregivers on behalf of qualifying patients.

AGRICULTURAL — "Agricultural use" shall mean the science, art and business of cultivating the soil, and raising livestock, useful to man. "Agricultural" shall not include any uses or activities associated with medical marijuana treatment and dispensing facilities or marijuana cultivation.

PERSONAL CAREGIVER — A person who is at least 21 years old who has agreed to assist with a qualifying patient's medical use of marijuana. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use of the qualifying patient.

AS-OF-RIGHT SITING — "As-of-right siting" shall mean that the development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with local zoning ordinances or bylaws.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

RATED NAMEPLATE CAPACITY — The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

SITE PLAN REVIEW — Review by the Planning Board to determine conformance with the Zoning Bylaw.

SOLAR OVERLAY DISTRICT — The location designated will be where ground-mounted large-scale solar photovoltaic installations may be sited as-of-right. Said locations are delineated on the Solar Power Overlay District Map shown as Map 104, Lot 003, and Map 89, Lot 142.[4]

SOLAR PHOTOVOLTAIC ARRAY — An arrangement of solar photovoltaic panels.

ZONING ENFORCEMENT AUTHORITY — The person or board charged with enforcing the Zoning Bylaws.

ARTIST STUDIO/RESIDENCE — A place of work and residence of one or more persons who are engaged actively, and either gainfully employed or as a vocation, in commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited to dance, choreography, photography or filmmaking, or the composition, recording, practice or performance of music. This definition does not include any use included in the adult entertainment establishment in the Stoughton Zoning Bylaws, as amended.

MIXED USE DEVELOPMENT — A combination of residential and nonresidential uses, as permitted within the SCMUOD, arranged vertically (in multiple stories of buildings), or horizontally (adjacent to one another in one or more buildings) within a lot.

USE, ACCESSORY — A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40% of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII,[5] (ii) accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot.

USE, NONCONFORMING — A use lawfully existing at the time of adoption of this bylaw or any subsequent amendment thereto, which does not conform to one or more provisions of this bylaw.

USE, PRINCIPAL — The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied, or maintained under this bylaw. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this bylaw shall be considered an accessory use.

USE, SUBSTANTIALLY DIFFERENT — A use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, noise, employment or similar characteristics from the use to which it is being compared.

FLOOD HAZARD/WETLAND/WATERSHED MAPS OF THE TOWN OF STOUGHTON — Those maps entitled, "Flood Hazard/Wetlands/Watershed Maps, Town of Stoughton, Massachusetts, dated October 1976, revised December 3, 1976" (hereinafter "Official Maps") which have been prepared by C.E. Maguire, Inc., and which consist of 101 individual maps drawn to the scale of one inch equals 100 feet and an index sheet which are incorporated as a part of this bylaw and the Federal Flood Insurance Rate Map and Flood Boundary and Floodway Map, Town of Stoughton, Massachusetts, Norfolk County Community Panel Numbers 250253 0001; 250253 0001B; 250253 0002; 250253 0002B; 250253 0004; and 250253 0004B; whichever map being the more restrictive in any particular area shall govern for that area and which shall be kept by the Building Inspector and copies in the office of the Town Clerk of the Town of Stoughton and shall be certified by the Town Clerk of the Town of Stoughton as being true and complete copies of said wetlands maps as adopted by the Town Meetings as the same may from time to time be amended or updated by action of the Town Meeting through the process required by law for the adoption of Zoning Bylaw changes. All references in this Wetlands Protection Bylaw to "Wetlands Maps" shall be deemed to be referenced to the "Official Maps" unless the context otherwise specifically requires. (Adopted by action of Annual Town Meeting, April 26, 1982, Article No. 48)

INFORMATIONAL FLOOD HAZARD/WETLAND/WATERSHED MAP — For the convenience of those persons who wish to obtain copies of a map which, with reasonable accuracy, delineates the Flood Hazard, Wetland, and Watershed Districts of the Town of Stoughton the Building Inspector and the Town Engineer shall prepare and have available for inspection and for copying (at the expense of the person requesting such copying) a single map of the entire Town of Stoughton which shall be drawn to a scale of one inch equals 600 feet and which shall indicate, with as much accuracy as such scale will permit, all of the Flood Hazard, Wetland and Watershed Districts indicated on the Official Maps. In addition, the Building Inspector and the Town Engineer may prepare for general circulation and for convenience of reference only such other copies of the Official Maps and the Informational Map drawn to such other scales, as they shall deem necessary or appropriate.

WETLAND AREAS — "Wetland areas" are defined as all areas in which the water table is seasonably at or near the surface of the ground although such areas may not be entirely covered by standing or flowing water during a one-hundred-year storm intending hereby to include generally all rivers, creeks, streams, brooks, ponds, lakes, and other waterways, and in addition all "bogs," "freshwater wetlands," "marshes," "swamps," and "wet meadows" as those terms are defined by Chapter 818 of the Acts of 1974 of the Commonwealth of Massachusetts.

FLOOD HAZARD AREAS — The "flood hazard areas" are defined as all areas subject to inundation during a one-hundred-year storm.

WATERSHED AREAS — "Watershed areas" are defined as all areas in the Town of Stoughton which border and lie within 100 feet of flood hazard areas, wetland areas, rivers, brooks, lakes, ponds or stream systems.

APPLICANT — An applicant shall be a prospective purchaser who shall have signed a binding purchase and sales agreement for a landowner's property or a landowner or the duly appointed agent or representative of such landowner or prospective purchaser and who shall have applied for a building or special permit, or a variance, or who shall have taken any other action under or pertaining to this Wetlands Protection Bylaw.

WETLAND, FLOOD HAZARD AND WATERSHED DISTRICTS — The Wetland, Flood Hazard, and Watershed Districts are designated on the Wetlands Maps. These districts have been delineated after careful study and represent as accurately as possible the wetland, flood hazard, and watershed areas in the Town of Stoughton.

EXCLUDING FLOOD HAZARD, WETLAND, AND WATERSHED DISTRICTS — All Flood Hazard, Wetland, and Watershed Districts, designated on the Official Maps, which meet the following size and configuration specifications have been marked through with an "X." These Districts are not subject to the provisions of this Wetlands Protection Bylaw and may be used for any purpose permitted in the underlying zoning district in which they are located. Such excluded districts are isolated Flood Hazard and Wetland Districts which comprise an aggregate surface area of 10,000 square feet or less computed by adding the total surface areas of all such isolated Flood Hazard and Wetland Districts which lie within a continuous Watershed District, and those isolated industrial zoned Wetland Districts within a continuous Watershed District that do not exceed an area of 4,500 square feet and are no closer than 100 feet to a Flood Hazard District or Wetland District. Notwithstanding the foregoing, no Flood Hazard or Wetland District is excluded from the provisions of this Wetlands Protection Bylaw if it is part of a stream, creekbed, brook, river, or other waterway. Furthermore, such excluded districts are still subject to any other federal, state or local laws governing activities in flood hazard, wetland and watershed areas.

DRAINAGE REPORT — The term "drainage report" shall mean the report entitled "Update of 1963 Report on Drainage Facilities for Stoughton, Massachusetts, Section 1," dated October, 1976, as amended through December 30, 1976, and as adopted by the Board of Selectmen on April 12, 1977, and prepared by C.E. Maguire, Inc., Architects and Engineers, which is incorporated as a part of this bylaw. The master copy of the drainage report shall be kept by the Building Inspector and shall be certified by the Town Clerk as being a true and complete copy as adopted by the Town Meeting. Any changes or updates to such drainage report shall be incorporated into this Wetlands Protection Bylaw only through the process required by law for adoption of Zoning Bylaw changes.

ENGINEERING PRESUMPTION — The term "engineering presumption" shall mean that there shall be a strong presumption that the formulae, assumption, constants, theories and engineering approaches incorporated directly or by reference in the drainage report, including, without limiting the generality of the foregoing, the assumptions pertaining to the intensities and durations of one-hundred-year storms, co-efficients of run-off, time of concentration, flow in conduits, flow in open channels, friction co-efficients and drainage areas, are correct and complete and produce accurate results when applied to problems involving the movement and storage of water along or under the surface of the ground. The term shall mean further that an applicant shall be able to rebut this presumption of accuracy only by a showing, using competent engineering data, that it is more likely than not that the use of formulae, assumptions, constants, theories and engineering approaches other than those which are given the benefit of the engineering presumption herein, will produce more accurate results than those which have the benefit of such presumption.

DISTANCE — Shall be measured on a horizontal plane.

FAA — The Federal Aviation Administration.

FCC — The Federal Communications Commission.

HEIGHT — The distanced measured from ground level to the highest point on the structure.

MUNICIPALLY OWNED LAND — Land/parcels owned and controlled by the Town of Stoughton, except for land/parcels owned by the School Department with a structure used as a school or for educational purposes.

NONRESIDENTIAL STRUCTURE — Such structures as, but not limited to, buildings, grain silos, and water towers, but does not include houses, or apartments.

WIRELESS COMMUNICATION BUILDING — Any building or shelter used to house equipment primarily for the installation and operation of equipment for generating and detecting electromagnetic radiation, and is an accessory to a wireless communication structure.

WIRELESS COMMUNICATION DEVICE — Any antenna, appurtenance, wiring or equipment used in connection with the reception or transmission of electromagnetic radiation which is attached to a structure.

WIRELESS COMMUNICATION FACILITY — Shall be used as a general term to include wireless communication building, wireless communication device, and wireless communication structure.

WIRELESS COMMUNICATION STRUCTURE — Any structure or tower intended to support equipment used for the transmission and reception of electromagnetic radiation, including the antennas, wiring or other devices attached to or mounted on a structure.

YARD, FRONT — A yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line.

YARD, REAR — A 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.

YARD, SIDE — A yard extending for the full length of a building between the nearest building wall and the side lot line.