Sudbury City Zoning Code
ARTICLE 7000
Definitions
7110 Definitions and word usage.
In this bylaw, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the bylaw. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." The word "building," "structure," "lot," or "parcel" shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this bylaw.
ACCESS DRIVEWAY
The travel lane that allows motor vehicles ingress from the street and egress from the site and includes the area between the sideline of the street to the area within the lot where the access driveway is no longer within the minimum parking area setback required in Section 3100 and to the perimeter of the parking lot.
ACCESSORY BUILDING
An accessory building is one located on the same lot with the main building, detached or attached, and is subordinate and customarily incidental to the use of the main building.
ACCESSORY DWELLING UNIT (ADU)
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that:
a.
Maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state Building Code for safe egress;
b.
Is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and
c.
Will not be used as a short-term rental as defined in Section 1 of Chapter 64G.[1]
ACCESSORY USE
An accessory use is one located on the same lot with (or in) the main building or use and which is subordinate and customarily incidental to the use of the main building or land.
ADULT DAY-CARE FACILITY
A building or structure where care, protection, and supervision are provided, on a regular schedule, to adults over the age of 18.
AFFORDABLE UNIT
A multifamily housing unit that is affordable to and occupied by an eligible household and is approved by the Department of Housing and Community Development for inclusion in the Town of Sudbury's Chapter 40B Subsidized Housing Inventory (SHI).
AGRICULTURAL USE, NONEXEMPT
Agricultural use of property not exempted by MGL c. 40A, § 3.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ANIMAL CLINIC OR HOSPITAL
A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic or hospital use.
ANIMAL FEEDLOT
A plot of land on which 25 livestock or more per acre are fed on a regular basis.
APPLICANT
A person, business, or organization that applies for a building permit, site plan review, and/or a special permit.
AQUIFER
Geologic formation, composed of rock, sand or gravel, that contains significant amounts of potentially recoverable water.
AREA MEDIAN INCOME (AMI)
The most recently published median income for the Boston-Cambridge-Quincy Metropolitan Statistical Area as determined by the United States Department of Housing and Urban Development (HUD) for a four-person household.
ASSISTED CARE FACILITY
A structure or structures containing dwelling units for persons in need of assistance with activities of daily living, as defined and regulated by Chapter 19D of the General Laws.
BEST MANAGEMENT PRACTICES (BMPs)
Any structural or nonstructural mechanism designed to minimize the impact of nonpoint source pollution on receiving waters or resources, including, but not limited to, detention ponds, construction or installation of vegetative swales and buffers, street cleaning, reduced road salting, and public education programs.
BOARDINGHOUSE
A dwelling or part thereof in which lodging is provided by the owner to not more than five boarders. Where more than two unrelated individuals rent a portion of a dwelling, it shall be considered a boardinghouse.
BUILDING
A structure enclosed within exterior walls or fire walls, built, erected, and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property. For the purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
BUILDING COVERAGE
Building coverage shall be determined by dividing the total area of all buildings on a lot, including carports and canopies, whether or not such carports or canopies are part of a building, by the total lot area.
BUILDING HEIGHT IN FEET
"Height in feet" shall be the vertical distance measured from the mean of the finished ground level adjoining the entire building at each exterior wall to the ridge or highest point of the roof.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS OR PROFESSIONAL OFFICE
A building, or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise.
CHILD-CARE FACILITY
A child-care facility, as that term is defined in MGL c. 40A, § 3.
CLUB OR LODGE, PRIVATE
Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.
COMMERCIAL RECREATION, INDOOR
A structure for recreational, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance. Indoor commercial recreation shall include theatres, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers or places of assembly conducted for or not for profit.
COMMERCIAL RECREATION, OUTDOOR
Drive-in theater, golf course/driving range, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this bylaw.
CONTAINER
Typically, but not limited to, being eight feet wide, 8.5 feet high, and 10 feet to 40 feet long, constructed entirely of steel with securable doors and designed to be taken over the road or on a ship to transport dry goods.
DEMOLITION
Removal of a building or structure by any means whatsoever.
DESIGN FLOW
The quantity of sanitary sewage, expressed in gallons per day (gpd), for which a system must be designed in accordance with 310 CMR 15.203 (Title 5).
DOG KENNEL
An establishment in which more than three dogs are housed, groomed, bred, boarded, trained or sold.
DRIVEWAY, INTERIOR
A travel lane located within the perimeter of a parking lot which is not used to directly enter or leave parking spaces. An interior driveway shall not include any part of the access driveway.
DWELLING
A building for human habitation, which shall not include a trailer or other mobile living unit. Single- and two-family dwellings shall be designed for and occupied by not more than one or two families, respectively. A multifamily dwelling shall be one designed for and occupied by three or more families.
DWELLING UNIT
A room or group of rooms forming a habitable unit for one family, with facilities used, or intended to be used, for living, sleeping, cooking, eating, and sanitation.
DWELLING UNIT, ACCESSORY
A second dwelling unit located within a structure constructed as a detached single-family dwelling, or its accessory structures, subordinate in size to the principal dwelling unit and separated from it in a manner that maintains the appearance of the structure as a one-family dwelling.
DWELLING UNIT, AFFORDABLE
A dwelling unit, the value of which is determined by the Commonwealth's Department of Housing and Community Development (DHCD) to be affordable by a low-income or moderate-income household, and thus to be included in the DHCD's Subsidized Housing Inventory of low-income or moderate-income dwelling units for the purposes of compliance with the provisions of MGL c. 40B, §§ 20 to 23.
DWELLING UNIT, MARKET RATE
A dwelling unit which has no rental or ownership restrictions. The entity who owns the dwelling unit is free to attempt to rent or sell the unit at whatever price the local market may fetch.
EARTH REMOVAL
Extraction of sand, gravel, topsoil, or other earth for sale or for use at a site removed from the place of extraction exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved definitive plan, and exclusive of granite operations.
EDUCATIONAL USE, NONEXEMPT
Educational facilities not exempted from regulation by MGL c. 40A, § 3.
ERECT
To build, construct, reconstruct, alter, enlarge, move upon, or conduct any physical development of the premises required for a building; to excavate, fill, drain, and the like preparation for building shall also be considered to erect.
ESSENTIAL SERVICES
Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems whether underground or overland, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith.
FAMILY
A person or number of persons occupying a dwelling unit and living as a single housekeeping unit, provided that a group of six or more persons shall not be deemed a family unless at least half of them are related by blood, marriage or adoption, including wards of the state.
FAMILY DAY CARE
Any private residence which on a regular basis receives for temporary custody and care during part or all of the day, children under seven years of age or children under 16 years of age if such children have special needs.
FARM STAND, NONEXEMPT
Facility for the sale of produce and other edible farm products, flowers, fireplace wood, preserves, dairy and similar products on property not exempted by MGL c. 40A, § 3; provided, however, that the products have been produced by the owner of the land on which the facility is located.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces.
FUNERAL HOME
Facility for the conducting of funerals and related activities such as embalming.
GROUNDWATER
All the water found beneath the surface of the ground. In this bylaw, the term refers to the subsurface water present in aquifers and recharge area.
HAZARDOUS MATERIAL OR WASTE
Household quantity of any or all of the following:
a.
Two hundred seventy-five gallons or less of oil on-site at any time to be used for heating of a structure or to supply an emergency generator; and/or
b.
Twenty-five gallons (or the dry weight equivalent) or less of other hazardous materials on-site at any time, including oil not used for heating or to supply an emergency generator; and/or
c.
A quantity of hazardous waste at the very small quantity generator level as defined and regulated in the Massachusetts Hazardous Waste Regulations, specifically 310 CMR 30.353.
HAZARDOUS OR TOXIC MATERIALS
Any chemical, combustible liquid, compressed gas, explosive, flammable aerosol, gas, liquid or solid, health hazard, mixture, organic peroxide, oxidizer, physical hazard, pyrophoric, unstable (reactive) or water reactive, as defined under Title 29 of the Code of Federal Regulations, Section 1910.1200(c), and any other chemical, material or substance identified as hazardous based on available scientific evidence. Hazardous or toxic materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under MGL c. 21E, and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use. Hazardous materials shall include any of the above-mentioned substances that may be leached from outdoor stockpiles of manufactured materials, including, but not limited to, auto parts or treated wood. Hazardous materials do not include hazardous wastes, tobacco products, wood products, foods, drugs, alcoholic beverages, cosmetics, and any hazardous material used in household quantities as defined below.
HAZARDOUS WASTE
Any waste material as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010 and/or MGL c. 21C. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint, and waste pesticides.
HOME OCCUPATION
Any occupation, business, trade, service or profession which is incidental to and conducted in a dwelling unit or in a building or other structure accessory thereto, by a resident thereof.
IMPERVIOUS SURFACE
Material or structure on, above, or below ground that does not allow precipitation or surface water to penetrate directly into the soil. This shall include nonpaved surfaces that are compacted through regular use of automobiles such as gravel driveways or dirt roads.
JUNK
Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning, cannot be used for its original purpose as readily as when new shall be considered junk.
JUNKYARD or AUTOMOBILE GRAVEYARD
The use of any area or any lot, whether inside or outside of a building, for the storage, keeping, or abandonment of junk, scrap or discarded materials, or the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or parts thereof.
LANDFILL
A facility or part of a facility established in accordance with a valid site assignment for the disposal of solid waste into or on land.
LEACHABLE WASTE
Waste materials, including solid waste, sludge, and agricultural wastes, that are capable of releasing water-borne contaminants to surrounding environment.
LIGHT MANUFACTURING
Fabrication, assembly, processing, finishing work or packaging.
LOCAL INITIATIVE PROGRAM (LIP)
A state housing initiative administered by the commonwealth's Department of Housing and Community Development (DHCD) to encourage communities to produce affordable housing for low- and moderate-income households. The program provides technical and other nonfinancial assistance to cities or towns seeking to increase the supply of housing for households at or below 80% of the area median income (AMI). LIP-approved units are entered into the Subsidized Housing Inventory pursuant to MGL c. 40B, §§ 20 to 23.
LOT
An area of land, undivided by any street, in one ownership with definitive boundaries ascertainable from the most recently recorded deed or plan which is 1) a deed recorded in Middlesex South Registry of Deeds, or 2) a certificate of title issued by the Land Court and registered in the Land Court section of such registry or 3) title of record disclosed by any and all pertinent public documents.
LOT AREA
Area within a lot, including land over which easements have been granted, but not including any land within the limits of a street upon which the lot abuts, even if fee to such street is in the owner of the lot; provided, however, when computing minimum lot area for any lot laid out and submitted for approval by the Planning Board, in accordance with MGL c. 41 as of the effective date of this bylaw, no land designed for surface collection of stormwater or drainage waters (i.e., detention, retention, infiltration ponds or basins, etc.) and no more than 25% of the minimum required lot size in any district which is underwater land or wetland resource area as defined in MGL c. 131, § 40, or Chapter 283, the Sudbury Wetlands Administration Bylaw, shall be used in the computation. The above limitation on calculated lot area shall not be applied in determining maximum building coverage, maximum floor area ratio or any open space requirement set forth herein.
LOT FRONTAGE
The uninterrupted linear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line. The measurement of lot frontage shall not include jogs in street width, backup strips and other irregularities in street line, and in the case of a corner lot shall extend to the point of intersection of the sideline of the rights-of-way. The legal right and physical ability to cross this line must exist. For purposes of calculation, the frontage length at the intersection of two streets is to be measured to the point of intersection of the two tangents. The point of intersection of the tangents at the intersection of two streets is considered to have frontage on each street.
LOT LINE
A line dividing one lot from another, or from a street or any public place.
LOT LINE, REAR
A line separating a lot from other lots or from land in a different ownership, being the boundary of a lot which is opposite or approximately opposite the frontage street. Where, because of irregular lot shape, the Building Inspector and the lot owner cannot agree as to whether a lot line is a side or a rear line, it shall be considered a rear line.
LOT, CORNER
A lot with two or more sides abutting upon streets. When a lot is bounded by more than one street, any one of them, but only one, may be designated as the lot frontage by the owner, provided that the street meets the frontage requirement and that the principal permitted building on the lot is numbered on such frontage street.
MAJOR COMMERCIAL PROJECT
Any commercial or industrial building or combination of buildings containing more than 20,000 gross square feet which is a permitted use or a special permit use in a specific zoning district pursuant to Section 2230, Table of Principal Use Regulations (Appendix A[2]).
MANEUVERING AISLE
A travel lane located within the perimeter of a parking lot by which motor vehicles directly enter and leave parking spaces.
MARIJUANA CULTIVATOR
An entity licensed by the Commonwealth of Massachusetts to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business as defined in MGL c. 94G, § 1.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed by the Commonwealth of Massachusetts to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including, but not limited to, concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures as defined by the Commonwealth of Massachusetts.
MARIJUANA RETAILER
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MEDICAL CENTER OR CLINIC
A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
MEDICAL MARIJUANA TREATMENT CENTER
A not-for-profit entity, as defined by Massachusetts law only, registered by the MA Department of Public Health, 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.
MGL
Massachusetts General Laws.
MINING OF LAND
The removal or relocation of geologic materials such as topsoil, sand gravel, metallic ores, or bedrock.
MIXED-USE DEVELOPMENT
Development containing a mix of residential uses and nonresidential uses, including commercial, institutional, industrial, or other uses.
MOTEL or HOTEL
A building or buildings intended and designed for transient, overnight or extended occupancy, divided into separate units within the same building with or without a public dining facility. If such hotel or motel has independent cooking facilities, such unit shall not be occupied by any guest for more than four continuous months, nor may the guest reoccupy any unit within 30 days of a continuous four-month stay, nor may the guest stay more than six months in any calendar year. No occupant of such hotel or motel may claim residency at such location.
MOTOR VEHICLE BODY REPAIR
An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but does not include the storage of vehicles for the cannibalization of parts.
MOTOR VEHICLE GENERAL REPAIR
Premises for the servicing and repair of autos, but not to include fuel sales.
MOTOR VEHICLE LIGHT SERVICE
Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.
MUNICIPAL PURPOSES
Use of any building, facility or area owned or leased by and operated by the Town for the general use and welfare of the Town, its inhabitants or businesses located within the Town.
NONCONFORMING USE OR STRUCTURE
Any use or structure which is lawfully in existence or lawfully begun, but which does not conform to the most recent, effective zoning regulations for the district in which such use or structure exists.
NURSING OR CONVALESCENT HOME
Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OPEN SPACE
Open space areas shall be those areas of a lot which, except as provided by this bylaw, are to remain unbuilt and which shall not be used for parking, storage or display.
PARKING GARAGE
A structure which is accessory to a commercial or industrial establishment and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such an establishment.
PARKING STALL, LENGTH OF LINE
The dimension of the stall measured parallel to the angle of parking.
PARKING STALL, WIDTH
The linear dimension measured across the stall and parallel to the maneuvering aisle.
PARKING, SURFACE
One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.
PERSONAL SERVICE ESTABLISHMENT
Collection station for laundry or dry cleaning, frozen food locker, hand or self-service laundry, photographic studio, or repair shop for wearing apparel or accessories; personal service shops of a barber, hairdresser, manicurist, shoe shiner; shops for custom work by a dressmaker, furrier, interior decorator, milliner, or tailor; shops for custom work by a cabinet maker, job printer, repairer of household appliances or furnishings, shoemaker, upholsterer, or woodworker.
POLLUTANT
Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter which is or may be discharged, drained or otherwise introduced into any surface or subsurface disposal or conveyance system or waters of the commonwealth.
PROCESS LIQUIDS
Liquids used in cooling, cleaning or in manufacturing processes which contact raw materials, products, wastes or machinery and which because of that contact may contain pollutants as defined herein.
PUBLICLY OWNED TREATMENT WORKS (POTW)
Municipal wastewater treatment facility, including any device or system used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature, which is owned by a public entity. A POTW includes any sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
QUALIFIED AFFORDABLE DWELLING UNIT PURCHASER
A household with an income that qualifies for the requirements under the commonwealth's Local Initiative Program for median area income as reported from the United States Department of Housing and Urban Development (HUD) and/or the commonwealth's Department of Housing and Community Development (DHCD).
RADIOACTIVE MATERIALS
Any of the materials which have a concentration which exceeds the limits set forth in Appendix B, Table II, of 10 CFR Part 20 (Standards for Protection Against Radiation) or any other applicable provisions of federal or state law or regulation.
RECHARGE AREAS
Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II or Zone III.
RECORDED LOTS
Lawfully laid out lots are governed and protected under the provisions of MGL c. 40A, § 6.
RESIDENTIAL CARE FACILITY
The provision of assisted living and/or independent living arrangements to persons 55 years or older in one or more buildings.
RESIDENTIAL DWELLING UNIT
A single unit providing complete, independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitary facilities.
RESTAURANT
A building, or portion thereof, containing tables and/or booths for at least 2/3 of its legal capacity, which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include fast-food restaurants.
RESTAURANT, FAST-FOOD
An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises and usually requires ordering food at a counter.
RETAIL
A facility selling goods but not specifically listed in the Table of Principal Use Regulations.
SECTION 3A
Massachusetts General Laws Chapter 40A, Section 3A.
SIGN
The following definitions apply specifically to Section 3200, Signs and Advertising Devices:
ALTER — To change the size, shape, height, colors, lettering or materials of a sign. | |
ANIMATION — Any form of movement by electric, mechanical, or kinetic means, including, but not limited to, rotation, revolving or wind activation of all or a portion of a sign, or incorporating flashing or intermittent lights for sign illumination. | |
AWNING SIGN — Any fabric-covered, roof-like structure, projecting from a building and providing shelter from the weather, which serves as a sign or advertising device. For secondary signs, verbiage shall occur on the valance of the awning. | |
BANNER SIGNS — Any sign of lightweight fabric or similar nonrigid material, including nylon, vinyl, cloth, canvas or similar fabric, and which is attached to a rod at the top. National flags and state or municipal flags shall not be considered banners. | |
BEACON — Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. | |
BILLBOARD — Any single- or double-faced sign that is permanently fixed or placed on particular premises advertising goods, products or services that are not sold, manufactured or distributed from the premises or facilities on which the sign is located. | |
BUILDING FRONTAGE — | |
a. | Primary building frontage: the linear extent of the public face of a structure which is occupied/leased by a single business and which contains the front door to the business. |
b. | Secondary building frontage: if a business has a direct customer entrance into the business in a wall other than the front wall, the linear extent of the public face of this side. |
BUSINESS CENTER IDENTIFICATION SIGN — Any sign identifying a building or group of buildings containing two or more businesses. All business center identification signs shall contain only the name and address of the business center, and shall not contain logos, icons or names of individual businesses. | |
BUSINESS — All of the activities carried on by the same legal entity on the same premises and shall include, but not be limited to, service, commercial and industrial uses and fraternal, benevolent, educational and social organizations. | |
BUSINESS CENTER — Two or more business tenants as occupants in a building, or on land in single ownership, or business condominiums. | |
CANOPY SIGN — Any sign that is a part of or attached under an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area, and viewed when one is under a canopy. | |
CHANGEABLE COPY SIGN — A sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign. A sign on which the only copy that changes is an electronic or mechanical indication of the time and temperature shall be considered a "time-and-temperature" portion of a sign and not a changeable copy sign. | |
CHANNEL LETTERS — Individual, three-dimensional, hollow letters, as metal or plastic structures, and mounted to the front face of a sign. | |
a. | Silhouette letters: Also called "reverse channel letters," these opaque, hollow letters are manufactured with individual lights built into each letter, and the letters are mounted with standoffs, leaving a gap between the rear of the letter and the sign face. The illumination directs the light back onto the surface of the sign face, creating a halo effect around the letter. |
b. | Backlit channel letters: Similar to silhouette letters, these hollow letters are manufactured with individual lights built into each letter, and the front of each letter is fitted with a translucent colored plastic, which allows for the illumination to be seen through the face of the letter. These letters are mounted directly to the sign face or with standoffs. |
CONSTRUCTION SIGN — Any sign identifying the architects, engineers, contractors, and other individuals or firms involved with the construction, and/or announcing the character or purpose of the building, but not advertising any product. | |
DIRECT ILLUMINATED SIGN — Any sign illuminated by an artificial light source located in front of the face of the sign. This includes lighting coves. Where signs are externally illuminated, adjacent roads and properties shall be screened from the light source. | |
DIRECTIONAL SIGN — Any signs erected near a street, driveway or parking area if necessary for the safety and direction of vehicular or pedestrian traffic. Directional signs shall not advertise, identify or promote any product, person, premises or activity but may identify the street name/number and provide traffic directions. | |
DIRECTORY SIGN/GENERAL DIRECTORY SIGN — A sign giving the name, address number and location of the occupants of a building or buildings, and may also include a map or plan and the name of the business center to locate such buildings, if it is a general directory sign. | |
FLAG — Any fabric banner or bunting containing distinctive colors, patterns, or symbols, used as a symbol of government or political subdivision and that is mounted to a pole or building attached at a maximum of one point to a structure. A flag must be free-flying (i.e., it must be attached to a pole on one end only, not two). | |
FREESTANDING SIGN — Any two-sided sign supported by one or more uprights or braces placed on, or anchored in, the ground and not attached to any building or structure. | |
FUEL PUMP SIGNS — In accordance with MGL c. 94, § 295c, standard gasoline fuel pump signs on service station fuel pumps bearing thereon in usual size and form the name, type and price of the gasoline. [Amended 5-6-2024 ATM by Art. 31] | |
GOVERNMENTAL, UTILITY OR PUBLIC SAFETY SIGNS — Any signs such as traffic control signs, railroad crossing signs, legal notices, signs that serve as an aid to public health or safety or that show the location of public telephone, underground cables, etc. Includes signs erected and maintained by the Town of Sudbury, the Sudbury Water District, the Sudbury Housing Authority, the Lincoln-Sudbury Regional High School, the Commonwealth of Massachusetts, or the federal government on any land, building or structure used by such agencies and any other signs at any location required by such agencies. | |
ILLUMINATION — Any method of giving forth artificial light, either directly from a source of light incorporated in or connected with a sign, or indirectly from an artificial source. | |
INTEGRAL ROOF SIGN — Any sign erected, constructed, painted on, or woven into the shingles of the roof as an integral or essentially integral part of a normal roof structure of any design, including a false mansard roof or other fascia, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by more than 12 inches. | |
INTERIM SIGN — Any sign used as an identifier of the business on the property on a temporary basis, which is replaced with a permanent sign. | |
LIGHT BOX — Any sign illuminated by an internal light source located behind a translucent panel which is the continuous front face of the sign. | |
LIGHTING COVE — A decorative architectural device that conceals a light source and is mounted above, below or around and separate from a sign face, leaving a gap that reflects the light back and creates a soft lighting effect around the sign face. | |
MAINTAIN — To allow to exist or to continue. | |
NEON SIGN — A self-illuminated sign using neon light which is created by injecting either neon or argon gas into an exposed thin glass tube that has been bent to form either letters or graphic designs. | |
NONCONFORMING SIGN — Any sign that existed on the effective date of this bylaw (or amendment thereto) and does not comply with the regulations set forth herein. [Amended 5-6-2024 ATM by Art. 31] | |
PORTABLE SIGNS — Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs. Includes A-frame signs. | |
PROJECTING SIGN — Any two-sided sign which is supported by an exterior wall of a building with the exposed face of said sign in a plane approximately perpendicular to the plane of the wall, etc., and projecting more than 12 inches and less than 60 inches. | |
REAL ESTATE SIGNS — All signs advertising the sale or rental of the premises on which it is located; on subdivisions of land, all signs erected solely to advertise the selling of land or buildings in said subdivision. | |
RELIGIOUS INSTITUTION SIGNS — All signs erected by religious institutions on any land, building or structure used by such institutions. | |
REPAIR — To restore to sound condition, but not reconstruct. Repairs are considered general, routine maintenance. | |
RESIDENT IDENTIFICATION SIGN — Any sign in a residential district, either attached or freestanding, indicating only the name of the occupant, street number, and accessory permitted uses or occupations engaged in thereon. | |
ROOFLINE — The top of the roof or the top of the parapet, whichever forms the top line of the building silhouette, on the side of building on which the sign is located. | |
ROOF SIGN — Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. | |
SELF-ILLUMINATED SIGN — Any sign illuminated by an artificial light source located within the front face of the sign including channel letters. | |
SIGN — Any object, device, display, or structure or part thereof which is affixed to or otherwise represented directly or indirectly upon a building interior or exterior or piece of land and that is used to advertise, identify, display, or attract attention to any object, person, institution, organization, business, product, service, place, activity, or event related to the premises on which the sign is situated by any means, including words, letters, figures, designs, or symbols. | |
SIGN FACE — The area made available by the sign structure for the purpose of displaying a message thereon. | |
SIGN PERMIT — A permit issued by the Town to regulate the erection, expansion, alteration, relocation, or reconstruction of signs in all parts of this municipality. | |
TEMPORARY SIGN — A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard, sheet metal, plywood or similar materials on private property and intended to be displayed for a limited period of time; includes political signs. | |
VEHICLE SIGN — Any sign on a vehicle of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond two inches from the original manufactured body proper of the vehicle. The vehicle to which the sign is attached shall be in proper working order and shall bear a current license plate and shall not be permanently parked on a public street or street right-of-way. A sign in or on a vehicle that advertises the vehicle for sale, lease or rental shall not be considered a vehicle sign. | |
WALL SIGN — Any sign attached parallel to, but within 12 inches of, a wall or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. | |
WINDOW AREA — The total area of all windows along a building frontage. | |
WINDOW SIGN — Any sign visible from the exterior of a building that is painted on, affixed to, or suspended immediately in front of, on, or up to 24 inches behind a window. | |
SOLAR ENERGY SYSTEM
A system whose primary purpose is to harvest energy by transforming solar energy into another form of energy, such as electricity, or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
An active solar energy system that is structurally mounted to the ground and is not roof-mounted.
SOLAR ENERGY SYSTEM, LARGE-SCALE GROUND-MOUNTED
An active solar energy system that occupies more than 1,750 square feet of surface area (equivalent to a rated nameplate capacity of about 10 kW DC or greater), except in the Single Residence "A," Single Residence "C," and Wayside Inn Historic Preservation Residential Zone Districts, where such systems occupy more than 500 square feet of surface area.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
An active solar energy system that is structurally mounted to the roof of a building or structure.
SOLAR ENERGY SYSTEM, SMALL-SCALE GROUND-MOUNTED
An active solar energy system that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less), except in the Single Residence "A," Single Residence "C," and Wayside Inn Historic Preservation Residential Zone Districts, where such systems occupy 500 square feet of surface area or less.
SOLID WASTE
Useless, unwanted, or discarded solid material with insufficient liquid content to be free-flowing. This includes, but is not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material, landscape refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility as defined by 310 CMR 19.00 and regulated by 310 CMR 30.00.
SOLID WASTES
Useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing. This includes, but is not limited to, rubbish, combustion residues, garbage, scrap materials, junk, inert fill material, demolition debris, construction wastes and refuse.
STORMWATER MANAGEMENT
The process of ensuring that the volume and velocity of stormwater runoff does not increase the hazards associated with flooding and that water quality is not compromised by untreated stormwater flow.
STORY
That portion of a building contained between any floor and the floor or roof next above it, not including either the lowest portion so contained if more than 1/2 of such portion vertically is below the mean finished grade of the ground adjoining such building, or the uppermost portion so contained if under a sloping roof and not designed or intended to be used for human occupancy.
STORY, HALF
A story directly under a sloping roof in which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than three feet above the floor level on at least two exterior walls.
STREET
A street shall be 1) an improved public way laid out by the Town of Sudbury, or the Middlesex County Commissioners or the Commonwealth of Massachusetts; or 2) a way which the Sudbury Town Clerk certifies is maintained by public authority and used as a public way; or 3) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law;[3] or 4) a way in existence as of January 1, 1954, having in the opinion of the Planning Board sufficient width, suitable grades and adequate construction to accommodate the vehicular traffic anticipated by reason of the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. A public or private way shall not be deemed to be a street as to any lot of land that does not have rights of access to and passage over said way.
STREET FRONTAGE
A street which provides the required frontage for a building. When a lot is bounded by more than one street, any one of them, but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirement and that the principal building on the lot is numbered on such frontage street.
STREET LINE
The boundary of a street right-of-way or layout.
STRUCTURE
A combination of materials assembled to give support or shelter, such as buildings, towers, masts, sheds, roofed storage areas, mechanical equipment, swimming pools, signs; but not including septic tanks and septic systems, and accessory facilities associated with the provision of utilities such as drains, wells, transformers and telephone poles.
STRUCTURE, HEIGHT IN FEET OF
"Height in feet" shall be the vertical distance measured from the mean of the finished ground level adjoining the entire structure to the highest extension of any part of the structure.
STRUCTURE, TEMPORARY
A structure without any foundation or footings to be removed within a twelve-month time period. Said structure shall conform to the requirements of the intensity schedule of Section 2600 and shall receive a permit from the Building Inspector.
SWIMMING POOL
A structure or tank designed or customarily used for human swimming and which is at least 18 inches in depth and at least 10 feet in its longest dimension.
TOXIC OR HAZARDOUS MATERIALS
Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, environmental quality, or to human health, if such substance or mixture were discharged to land or waters of this Town. Toxic or hazardous materials include, without limitation, petroleum products, heavy metals, radioactive materials, pathogenic or infectious wastes, solvents, thinners and other materials which are listed as toxic, hazardous or a priority pollutant by the United States Environmental Protection Agency under any of the following laws: Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.; Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq.; and Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; and all substances defined as toxic or hazardous under MGL c. 21C and c .21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
TRAILER or SEMITRAILER
Typically, but not limited to, having a maximum length of 53 feet, a maximum height of 13.5 feet, and a maximum width of 8.5 feet, being an enclosed box with a single or double set of wheels to be towed by a tractor over the road for the purpose of transporting dry goods.
WAREHOUSE
A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.
WIRELESS SERVICES
"Personal wireless facilities" referenced in Section 704 of the Telecommunications Act of 1996.[4] These include, but are not limited to, all commercial mobile services which are for-profit, are available to the public or a substantial portion of the public, and provide subscribers with the ability to access or receive calls from the public switched telephone network or other similar services, and the transceivers, antenna structures and other types of installations used for the provision of personal wireless services. Common examples include personal communications services (PCS), cellular radio mobile service, paging services, unlicensed wireless services, and common carrier wireless exchange access services.
YARD
An open space on a lot unoccupied by a building or structure or such parts thereof; provided, however, that cornices or eaves not exceeding 18 inches in width, steps, unroofed porches, windowsills, slanted bulkheads, fences, gates or security stations, yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard but shall be subject to height limitations. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicular or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this bylaw measured from the lot or street line and adjacent thereto.
YARD, FRONT
A yard extending across the full width of the lot and lying between the street line of the lot and the nearest line of the building, as measured perpendicular to nearest street or way line. The depth of a front yard shall be the minimum distance between the building and front lot line.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and the rear lot line.
YARD, SIDE
A yard between the side lot line of the lot and the nearest line of the building, and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and side lot line.
ZONE I
The 400-foot protective radius required by the DEP around a public water supply well or well field.
ZONE II
That area of an aquifer that contributes water to a well under the most severe recharge and pumping conditions that can be realistically anticipated (180 days pumping at safe yield with no recharge from precipitation). It is bounded by the groundwater divides that result from pumping the well and by the contact of the edge of the aquifer with less permeable materials such as till and bedrock. At some locations, surface water features may represent recharge boundaries.
ZONE III
That land area beyond the area of Zone II from which surface water and groundwater drain into Zone II. The surface water drainage divides as determined by topography will be used to delineate Zone III. In some locations, where surface water and groundwater are not coincident, Zone III shall consist of both the surface drainage and the groundwater drainage areas.
[1]
Editor's Note: See MGL c.64G, § 1.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[4]
Editor's Note: See 47 U.S.C. § 322.