For the purposes of this Zoning Ordinance, words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future. The word "shall" is mandatory and not merely directory. The word "building" includes "structure". The word "lot" includes the word "plot". The word "land" includes the words "marsh", "wetland" and "water". The following words and phrases (whether capitalized or not) shall have the meanings given in the following clauses, unless a contrary intention clearly appears.

On more than five acres of land, agriculture includes all branches of farming as defined in M.G.L. c. 128, § 1A. On less than five acres of land, agriculture excludes the raising of livestock, including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, or fur-bearing animals.

An establishment that has a substantial or significant portion of its stock in trade, books, magazines and other matter or paraphernalia which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement, as defined in M.G.L. c. 272, § 31.

An enclosed building used for presenting material or live entertainment distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. c. 272, § 31.

Assisted Living includes several types of housing settings. Assisted Living is a housing setting for individuals who need assistance with activities of daily living such as bathing, dressing, grooming, eating, and transferring, and may include instrumental activities of daily living such as housekeeping, shopping, and transportation. It also includes Independent Living which has units that can function as stand-alone apartments. And it includes Dementia Care and/or Skilled Nursing, which is a housing setting that involves or includes the planning, provision, and evaluation of goal-oriented nursing care that requires specialized knowledge and skills acquired under the established curriculum of a school of nursing approved by a Board of Registration in nursing, and must be provided by a registered nurse, a licensed practical nurse, or a licensed vocational nurse. In each of these types of housing settings, each resident may have their own room or rooms which may include a bathroom, bedroom, living room and kitchen or kitchenette and dining areas.

A portion of a building partly underground but having more than one-half of its clear height below the average grade of the adjoining ground.

Areas of land maintained in a landscaped fashion or in a natural state that are open, unpaved and unbuilt upon; for the purposes of this Zoning Ordinance, crushed stone shall not be considered as an appropriate buffer zone treatment.

The line with which the exterior of a building must coincide.

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 purpose of 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 allows as though followed by the words "or part or parts thereof."

The total area, expressed in square feet, of all floors of a building or structure measured to the exterior walls thereof.

The area of a lot that is covered by the footprint of the principal building and accessory structures, including covered stairways, porches, covered vestibules or porticos, but not including driveways, walkways, attached chimneys, bulkheads, in-ground and above-ground swimming pools or uncovered decks.

The area of the Front Yard located between the Front Lot Line and each side of the Principal Building on the Lot.

Any building in which the predominant use of the lot or parcel is contained.

A lot at the junction of and fronting on two or more intersecting streets or ways. On a corner lot the Front Yard setback requirement shall be applied to only one side of the corner lot property. The Zoning Enforcement Officer shall determine which portion of the lot is the Front Yard for purposes of determining the required Setback.

Any residential building containing one or more dwelling units that is altered by interior and/or exterior changes so as to increase the number of dwelling units in the building to some number greater than (i) the existing number of dwelling units or (ii) the number of dwelling units the building was originally designed for. Further, any commercial building for which a residential or industrial reuse is proposed, or any industrial building for which a residential or commercial reuse is proposed, shall be considered a conversion and shall be subject to the appropriate regulations of this Ordinance.

An open space located on a lot, which may be paved, and built for access to a garage or off-street parking or loading space(s).

A privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, or any other legal form which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms "single-family," "two-family," or "multi-family" dwelling shall not include hotel, lodging house, bed and breakfasts, bed and breakfast homes, hospital, membership club, mobile home, or dormitory. Where the following terms appear in this ordinance they shall have the following meanings:

Living quarters for a single family/household with cooking, living, sanitary and sleeping facilities independent of any other unit.

To construct or reconstruct or excavate, fill, drain, or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction, or to move a building or structure upon a lot.

Those uses which are exempt from zoning regulations as specified in Chapter 40A, Section 3 of the General Laws of Massachusetts, namely the use of land or structures for religious purposes or for educational purposes where educational purposes are pursued or provided by the state or any of its agencies, subdivisions or bodies politic, or by a nonprofit educational corporation, or as may be later amended.

In existence or as existing at the date of adoption of this Zoning Ordinance in 1926 or any amendment hereto.

Residential occupancy of a building or portion of a building in a dwelling unit by any number of people living together as a single housekeeping unit.

Family day care home as defined in § 9 of M.G.L.c.28A, for not more than ten children. Unless otherwise stated in this Bylaw, family day care licensed by the Massachusetts Office for Children shall be considered an accessory use incidental to a residential use.

Any place or premises used for sale, dispensing, or serving of food, refreshments or beverages where the primary business of the establishment is the sale of said items which are packaged or presented in such a manner that they can be readily eaten outside the building where it is sold.

A man-made barrier intended to divide or mark a boundary between lots or parcels of land not to exceed six feet in height in a residential district and eight feet in height in non-residential districts, in each case measured from the existing finished grade of the lot, except for such lower heights as may be required by § 4.12. For purposes of this Zoning Ordinance, fences required around swimming pools shall be treated separately and shall be governed by the provisions of § 4.03(b).

A retail or wholesale operation involving the purchase or sale of firearms, ammunition, and/or firearm accessories, including the repairing, altering, cleaning, polishing, engraving, blueing or performing of any mechanical operation on any firearm, and any associated indoor shooting or firing range.

The flood having a one percent chance of being equaled or exceeded in any one year.

Gross floor area of all buildings on the Lot measured in square feet, divided by the total square footage of the Lot.

The wall of the Principal Building on a Lot which is parallel or most nearly parallel to the Street Line.

That part of a lot or lot line abutting on a street or way, to which the front facade of all buildings shall be oriented and if in question, as determined by the Zoning Enforcement Officer. (See also, § 2.49, LOT FRONTAGE).

Area of land, including the structures thereon, that is used for the sale of gasoline or motor vehicle fuel, oil and other lubricating substances, and including the sale of motor vehicle accessories, and which may or may not include facilities for lubrication, washing, or making minor repairs to motor vehicles, but not including the painting thereof by any means nor the making of anybody repairs nor major repairs to the mechanical system or motor vehicles, nor doing any work requiring the use of any torch, forge, fire, or flame.

The total area, expressed in square feet, of all floors of a building excluding all parking and loading areas, all parking structures, traditional roof appurtenances such as mechanical penthouses, all other mechanical rooms, atriums, flagpoles, chimneys and similar structures but including basements and mezzanines to the exterior walls thereof, and including partitions, stairwells, corridors and porches with permanent roofs.

The vertical distance between the highest point of the structure above the existing grade at any given point along the Front Lot Line as measured every 30 feet linearly; notwithstanding the foregoing, in instances where the Lot slopes away from the Front Lot Line more than 10 feet vertically as measured along a line of constant elevation perpendicular to the Front Lot Line taken every 30 feet, the height of the Building shall be the vertical distance between the highest point of the structure above the existing grade and a plane created by connecting the points every 30 feet linearly along the entirety of the property line.

A business, profession, occupation or sale of articles produced on the premises where sold, conducted within a residential building or accessory structure for gain or support by one or more residents of the dwelling which:

A business, profession or occupation conducted within a residential building or accessory structure for gain or support by residents of the dwelling that conforms to the definition and requirements of a Home Occupation, except having no employees, no deliveries, and no customers that visit the site.

The maximum percentage of a lot that may be covered with impervious surfaces, including but not limited to buildings, impervious driveways and parking areas, access roads, sidewalks, tennis courts, above-ground and in-ground swimming pools, concrete air conditioner pads, decks that do not allow rain water to be directly absorbed by the ground, patios, or any other material placed on or above the earth which substantially reduces or prevents the natural percolation of water.

A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in manufacturing processes using flammable or explosive materials, or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of said products.

The petitioner for a variance, special permit or appeal and the abutters of the area or premises which is the subject of the petition, as well as the owners of the land directly opposite such area or premises on any public or private street, owners of land that are abutters to abutters of the subject property within 300 feet of the property line of such area or premises all as they appear on the most recent applicable tax list, and the Planning Board, as well as the Planning Boards of every abutting municipality.

Land fully developed and maintained to present a pleasant appearance, provide for stormwater retention and groundwater recharging, and to stabilize the soil, using primarily non-invasive vegetation and natural features of the site. Native and drought-tolerant plantings should also be considered where appropriate.

A day care or school-age child care facility as defined in § 9 of M.G.L.c.28A and licensed by the Massachusetts Office for Children.

A person who rents space for living or sleeping purposes without separate cooking facilities.

Any dwelling other than a hotel or motel in which living space is let to five(5) or more persons, including dormitories, fraternity houses and similar uses.

A parcel of real estate as described in a deed or shown on a plan separate from any other parcel, such deed or plan being recorded in the registry of deeds or approved by the Planning Board and on file with the Engineering Department.

The horizontal area of the lot exclusive of any public or private way open to public uses.

The boundary of a lot on land coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site; measured continuously along one street line between side lot lines. In the case of corner lots, measured between the side lot line and the mid-point of the corner radius on the street designated as the frontage street by the owner or, failing that, by the Zoning Enforcement Officer. (See also, § 2.32, FRONTAGE).

A line dividing a lot from the street identified as providing frontage (see § 2.49) and having building front facade oriented toward said lot frontage. Where the lot frontage on the street is less than the potential lot width in the district in which it is located, any lot line or part of a lot line shall be considered to be a front lot line for purposes of calculating front yard requirements if a straight line drawn from a point on the lot line to and perpendicular to the street providing potential access to the lot passes across any part of another lot to which it is contiguous.

The portion of the lot boundary that connects the front lot line to the rear lot line; when questioned, as determined by the Zoning Enforcement Officer.

A line dividing a lot from a street.

The lot line opposite the front lot line; when questioned, as determined by the Zoning Enforcement Officer.

The distance between the side lot lines along the front yard setback line.

A site design strategy for managing stormwater by maintaining or replicating the predevelopment hydrologic functions through the use of design techniques to create a functionally equivalent hydrologic landscape. Commonly referred to as "LID"

A development that combines residential with retail or service uses within the same building or on the same site, in one or more of the following configurations:

Area of land, including the structures thereon, that is used for making repairs to, altering in a structural manner, or painting in any manner, the body of motor vehicles.

Area of land, including the structures thereon, that is used for the purpose of repairing, replacing, or altering the motor system, the muffler and/or exhaust systems, and/or other mechanically moving parts of a motor vehicle, and including glass installation, upholstery repair, installation of various automotive accessories such as sun roofs, radios, auto body painting, and similar activities.

A building or lot that does not conform to a dimensional regulation prescribed by this Zoning Ordinance for the district in which it is located or to regulations for signs, off-street parking, off-street loading or accessory buildings but which Building or lot was in existence at the time the regulation became effective and was lawful at the time it was established.

A use of a building or lot that does not conform to a use regulation prescribed by this Zoning Ordinance for the district in which it is located, but which was in existence at the time the use regulation became effective and was lawful at the time it was established.

"Occupied" shall include the words "designed, arranged, or intended to be occupied."

Areas open, and unobstructed to the sky that can be used for active or passive recreation purposes. Amenities such as a plaza, square, courtyard, paths, or outdoor dining areas, and items such as benches, walkways, planters, landscaping, swimming pools, kiosks, gazebos, and similar structures shall not be considered as obstructions. Opportunities should be sought that bring together the open space requirements of adjoining properties in order to foster a more coherent and continuous landscape network. Parking and loading areas of any type shall not be allowed in any required open space.

Further, in all residential districts, the minimum required open space shall be contiguous and pervious, and shall not include any side yard driveway buffer where required by this Ordinance.

Open Space as defined by § 2.62 that is designed for and open to the public.

Legally fit to be driven, except for lack of registration.

The primary use of the Building or Lot, as the context may require.

Architecture, engineering, law, medicine, dentistry, or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning demonstrating successful completion of a prolonged course of specialized intellectual instruction and study, and also possessing evidence of professional capability such as membership in a professional society requiring standards of qualification for admission.

The following renewable or alternative energy generation activities, products, or technologies: solar (both photovoltaic (PV) and thermal); wind; biomass power conversion or thermal technologies, including R&D related to, or the manufacture of, wood pellets; ultra-low emissions high efficiency wood pellet boilers and furnaces; low impact hydro (electric or kinetic); ocean thermal, wave or tidal; geothermal; landfill gas; fuel cells that use renewable energy; advanced bio-fuels; combined heat and power; electric and hydrogen powered vehicles and associated technologies including advanced batteries and recharging stations."

Facilities used primarily for research, development, manufacturing and/or testing of innovative renewable or alternative energy information, concepts, methods, processes, materials or products. This can include the design, development, manufacturing and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing.

A facility that has been licensed as required by state and federal authorities for the testing and development of various mechanical, electronic, photonic, agricultural, medical, and biotechnological products and services.

Any premises used for the sale, dispensing or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may consume the food, refreshments or beverages on the premises, when received through a service window.

Establishments used for the sale of a variety of goods at retail and personal and professional services pertaining to health, beauty, and similar services but not fitness centers.

A structure in the form of a wall for holding in place a mass of earth or the like at the edge of a terrace, excavation or property line provided that any retaining wall located along a property line and extending more than six feet above the average finished grade of the adjacent lot(s) shall be considered an accessory building and must conform to the yard and height restrictions for accessory buildings in § 4.03.

A natural occurrence or a man-made device which shields from view various land use activities.

A building consisting of small, individual self-contained units that are leased or owned for the storage of business and household goods or contractor supplies, but precluding individual storage units that have at grade and direct vehicular access.

The minimum horizontal distance from the lot line or street line to the nearest part of the structure.

Sign shall mean and include any permanent or temporary structure or building surface, or part thereof or device attached thereon or other outdoor surface including billboards or any combination of one or more of the foregoing containing any word, letter, symbol, drawing, model, banner, picture or design, or any device used for visual communication which identifies or calls attention to any premises, person, product, activity, service or business, directing the subject thereof to the attention of the public.

Collection of land use planning techniques that features walkable, mixed-use, transit-oriented development with the objective of creating more attractive, livable, economically strong communities while protecting natural resources.

A special permit is a permit for certain exceptions specified in this Zoning Ordinance to the zoning regulations contained herein which may be allowed at the discretion of the designated permit granting authority (PGA) when the provisions of Article IX (including site plan review as applicable) have been met. The designated PGA for special permits may be the Planning Board or the Zoning Board of Appeals depending on the zoning district. A site plan review permit is a permit granted for an allowed use when the site plan review criteria set forth in § 9.03 have been met, or can be met through reasonable conditions imposed by the Planning Board, which shall be the PGA.

A public or private way, alley, lane, court or sidewalk which is open to the public or dedicated to public use; and parts of public places which form traveled rights of way.

A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part thereof."

To include, but not be limited to, a set of procedures, policies and practices which, when taken as a whole, are intended to reduce the number of single occupant vehicle trips traveling to or from a site, and which includes quantifiable goals and a plan for the collection and analysis of data to measure achievement of goals.

The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

Such relief from the zoning regulations contained in this Zoning Ordinance as may be necessary to avoid unique and undue hardship to the appellant and which may be granted by the Board of Appeals subject to the provisions of § 9.14-9.17.

The storage, sale and/or resale of goods or products in large quantity to retailers or jobbers rather than consumers.

An apparatus or facility providing telephone, radio, television, or other wireless communications through the sending and/or receiving of electromagnetic waves, by means of any of the following:

An open space between the nearest point of a building and the front lot line extending to the side yard lines.

An open space between a side lot line of a lot and the nearest point of the principal building and extending from the front lot line to the rear lot line.

An open space extending along the full length of the rear lot line or lines and between such line or lines and the nearest point of the building.