In this bylaw the following terms, unless a contrary meaning is required by the context, or is specifically prescribed, shall have the following meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." The word "person" includes a corporation or partnership as well as an individual.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. In buildings restricted to residential use, the office of a professional man, customary home occupations traditional to the Town, and workshops not conducted for compensation shall be deemed accessory uses.
ADULT BOOKSTORES
An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION PICTURE THEATRE
An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
AFFORDABILITY GAP
The difference between the appraised value of a market-rate dwelling units within the proposed development and the appraised value of an affordable housing unit in Wellfleet comparable to the market-rate unit in terms of type, size, and number of bedrooms and calculated at the time of sale or issuance of a certificate of occupancy, whichever occurs sooner, for any market-rate unit in the proposed development. The applicant shall submit an appraisal of the development in question that was prepared by a licensed appraiser approved by the Town using professionally accepted methods, as well as other data relevant to the determination of equivalent value, and the Town may obtain an expert peer re-view of the appraisal at the applicant's expense.
[Added 9-18-2023 STM by Art. 5]
AFFORDABLE DWELLING DEVELOPMENT
A tract of land of 50,000 square feet or more containing units of residential housing, of which at least 25% are encumbered by affordable dwelling deed restrictions.
[Added 9-10-2022 ATM by Art. 17]
AFFORDABLE HOUSING RESTRICTION
A deed restriction entered into and enforceable under MGL c. 184, §§ 31 through 33 in a form acceptable to the Town that restricts occupancy of an affordable housing unit to a low- or moderate-income-eligible purchaser or renter and which provides for the administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period allowed by law.
[Added 9-18-2023 STM by Art. 5]
AFFORDABLE HOUSING UNIT
A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements for inclusion on the Subsidized Housing Inventory maintained by the Department of Housing and Community Development.
[Added 9-18-2023 STM by Art. 5]
AFFORDABLE LOT
A lot containing not less than 10,000 sq ft of contiguous upland area that otherwise does not meet the zoning requirements for a lot. A One Family Dwelling may be constructed upon as an affordable homeownership or affordable rental dwelling unit in perpetuity, or the maximum time period allowed by law, and shall be in compliance with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards promulgated thereunder by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Chapter 40B Subsidized Housing Inventory as Local Action Units.
[Added 9-10-2022 STM by Art. 18]
AFFORDABLE UNDERSIZED LOT
A lot containing less than 10,000 sq ft of contiguous upland area that otherwise does not meet the zoning requirements for a lot. A One Family Dwelling may be constructed upon as an affordable homeownership or affordable rental dwelling unit in perpetuity, or the maximum time period allowed by law, and shall be in compliance with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards promulgated thereunder by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Chapter 40B Subsidized Housing Inventory as Local Action Units. An affordable undersized lot shall be subject to any conditions attached to a Special Permit issued by the Special Permit Granting Authority.
[Added 9-10-2022 STM by Art. 18]
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.
AMUSEMENT PARK
A premises or any part thereof used to provide one or more mechanical devices, rides, games or any other like attractions to the public for hire or compensation of any kind, whether for a fee or by admission, or in connection with another service for which a fee is charged.
AMUSEMENT, INDOOR
A movie theater, bowling alley, or other commercial entertainment or recreation wholly carried on within an enclosed building.
AMUSEMENT, OUTDOOR
A drive-in theater, golf driving range, or similar facility other than a regulation golf course of not less than nine holes or any other commercial entertainment or recreation carried on in whole or in part outdoors; outdoor amusement shall not include a swimming pool, private or public, where no charge is made or where such is operated in connection with a hotel, motel, camp or club.
ANTIQUE SHOP/ART GALLERY
A building or part thereof used for exhibiting antiques or works of art and for retail sales of same. An antique shop/art gallery may be considered as a home occupation as defined herein, provided that it meets all the requirements of a "home occupation."
[4-24-1989 ATM]
APARTMENT
A part of a multiple-family dwelling consisting of a room or suite of rooms intended, designed or used as a residence.
[Amended 4-30-1985 ATM by Art. 65]
ARCADE
A building or part thereof used for the operation of more than 10 automatic amusement devices for hire.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AREA, NET SITE
The total area within the property lines, excluding external streets.
AUTO COURT
An area of land with one or more detached buildings with a single room of less than 300 square feet, with or without bath, used or designed to be used primarily as overnight sleeping accommodations for tourists.
AUTOMATIC AMUSEMENT DEVICE
Any mechanical or electronic amusement device operated for hire, gain or reward, including but not limited to video or electronic amusement devices, automatic amusement devices as defined in MGL c. 140, § 177A, and billiard tables.
BASEMENT
A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet.
BED-AND-BREAKFAST
An owner-occupied dwelling in which no more than three bedrooms accommodating not more than six persons are offered for rent for the primary purpose of furnishing overnight lodging and a breakfast meal to the overnight guests only.
BOATHOUSE, COMMERCIAL
A facility for the construction, storage, rental, or servicing of boats for hire or compensation, and for the sale of boats and marine equipment.
BOATHOUSE, PRIVATE
A facility for the storage of boats for private individual use and not for hire.
BUILDING
A structure forming a shelter for persons, animals, property or an activity and having a roof. Where appropriate in the context, the word "building" shall include the principal and accessory use or uses to which the building is put.
BUILDING HEIGHT
The vertical distance from the highest point of the roof to the average of the mean ground level existing grade of all sides of the building, such measurement to be based on the elevation of the lot in its natural state prior to construction, grading or filling.
BUILDING, ACCESSORY
A supplemental building or a portion of a main building, the use of which is incidental to that of the main or principal building, and which is located on the same lot therewith.
BUILDING, DETACHED
A building designed or intended for a single purpose, surrounded by open space on the same lot.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face shall include sun parlors, enclosed projection from the main body of the building covered porches whether enclosed or unenclosed, but not include steps.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BULK STORAGE, OPEN
Exposed outside storage of sand, lumber, coal or other bulk materials or supplies.
BULK STORAGE TANKS
Exposed outside storage tanks, silos, or similar structures for the storage of oil, gas, fuels, or other liquids or materials, with the exception of those located upon a farm and employed for farm purposes.
BUSINESS OFFICE
A building or part thereof devoted to the administration of a business or commercial enterprise which involves clerical, accounting and other administrative procedures but which excludes the receipt, processing and sale of merchandise; or a building or part thereof devoted to the professional office of a physician, lawyer, engineer, architect, accountant, real estate or insurance agent or broker, or similar activity.
BUSINESS, PERSONAL SERVICE
Any building or part thereof used for the purpose of rendering a service upon the premises to the public where the sale of a product is not involved.
BUSINESS, RETAIL TRADE
A building or part thereof used for the storage and display for the retail sale of foods, drugs, clothing, hardware, furniture, appliances, books, and other items of merchandise commonly associated with or essential to the maintenance of home, person, and property.
CAMP
An area of land upon which is located, or upon which it is intended to locate the facilities required to operate upon a seasonal basis a continuing supervised recreational, health, and educational, religious, or athletic program, or a combination thereof, and for persons enrolled for periods of not less than one week.
CAMPER
A small, portable vacation vehicle used for living purposes, whether standing on wheels, attached to a mobile body or on rigid supports.
CAMPGROUND
A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of tents or movable or temporary overnight dwelling facilities of any kind, exclusive of camps as defined by this section.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
CLUB
An organization with a state or national charter catering exclusively to members and their guests, and its premises and buildings used for recreational, athletic, education, religious, or civic purposes and conducted primarily without gain, provided there are not conducted any vending stands, merchandising or commercial activities except as required generally for its membership and the purposes of such club.
CLUSTER DEVELOPMENT
A residential development with reduced-sized lots clustered together into one or more groups separated from adjacent property and other groups within the development by open land.
COMMUNICATION APPURTENANCE
Any antenna, device, wiring or equipment utilized in connection with the reception or transmission of electromagnetic radiation and which is attached to a preexisting structure. A communication appurtenance shall not include an antenna utilized by a federally licensed amateur radio operator or a home TV antenna.
COMMUNICATION BUILDING
Any building utilized primarily for the installation and operation of equipment for generating and detecting electromagnetic radiation and which is accessory to a communication structure.
COMMUNICATION STRUCTURE
Any structure or tower intended to support equipment used for the transmission and reception of electromagnetic radiation and including the antennas, wiring or other devices attached thereto; provided, however, that a communication structure shall not include an antenna used by a federally licensed amateur radio operator or a home TV antenna.
COMMUNITY WILDFIRE PROTECTION PLAN (CWPP) — A plan developed in the collaborative framework established by the Wildland Fire Leadership Council and agreed to by the local government, local fire department, federal land management agencies managing land in the vicinity of the planning area, and other stakeholders. A CWPP may address issues such as wildfire response, hazard mitigation, community preparedness, or structure protection
Or all the above.
[Added 9-18-2023 STM by Art. 8]
CONTIGUOUS UPLAND
Any portion of property where upland is uninterrupted by other features, including but not limited to wetlands.
[Added 9-10-2022 STM by Art. 18]
CONTRACTOR'S YARD
Premises used by a building contractor or subcontractor principally for storage of equipment and supplies, fabrication of subassemblies, or parking of wheeled equipment.
CONVERSION OF A DWELLING UNIT
An alteration of a dwelling or change in its use, so as to accommodate a family or families in addition to the number for which it was used or designated at the time of the adoption of this bylaw.
CORNER LOT
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
COTTAGE COLONY
A group of two or more detached dwellings located on the same lot not within the NSP, each containing one dwelling unit only which is designed for independent family living, including cooking facilities. Each unit shall contain not less than 300 square feet of floor area and not more than 800 square feet.
[Amended 9-10-2022 STM by Art. 16; 9-18-2023 STM by Art. 6]
COTTAGE COLONY NSP
A group of two or more detached dwellings located on the same lot within the NSP, each containing one dwelling unit only which is designed for independent family living including cooking facilities and occupied on a seasonal basis only. Seasonal shall be defined as a period commencing April 1 of each calendar year and terminating November 30 of the same calendar year. Each unit shall contain not less than 300 sq. ft. of floor area and not more than 800 sq. ft.
[Amended 9-10-2022 STM by Art. 16; 9-18-2023 STM by Art. 6]
COURT
An unoccupied open space, other than a yard, on the same lot with a building, which is bound on two or more sides by the walls of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court extending to a street line or opening upon any front, side or rear yard.
COVERAGE
The percentage of the lot area covered by the area of a building or buildings.
CUSTOMER-OWNED GENERATOR
A large-scale ground-mounted solar photovoltaic installation owned by an entity other than the electric utility company.
[4-22-2013 ATM]
DEGRADED OR PREVIOUSLY DISTURBED LAND
An area where the natural condition of the land or vegetation thereon has been significantly altered, by acts such as mowing, cutting, grading, excavation, paving or other construction activity, including land being redeveloped from prior commercial use.
[4-22-2013 ATM]
DUMP
A lot of land or part thereof used for the disposal by abandonment, dumping, burying, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste materials of any kind.
DWELLING
A building designed or used exclusively as the living quarters for one or more families.[1]
DWELLING, AFFORDABLE
A dwelling unit which is subject to an affordable dwelling restriction.
[Added 9-10-2022 ATM by Art. 17]
DWELLING, MULTIPLE-FAMILY
A detached building containing two or more dwelling units and having side, front and rear yards.
DWELLING, ONE-FAMILY
A detached building containing one dwelling unit only and having side, front and rear yards.
DWELLING UNIT, ACCESSORY
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, on the same lot as a principal dwelling or other principal structure that shall be leased year-round.
[Added 6-26-2021 ATM by Art. 45; amended 4-29-2023 ATM by Art. 41]
ERECT
To build, construct, reconstruct, move upon, or conduct any physical development of a premises required for a building. To excavate, fill, drain or other such preparations for building shall also be considered to erect.
FAMILY
One or more persons of which there may be not more than five unrelated persons occupying a dwelling unit and living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
FARM, COMMERCIAL
Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes riding academies, livery or boarding stables and pet kennels.
FARM-FAMILY, AGRICULTURAL
Any parcel of land or a portion thereof used for the raising of agricultural products for home consumption or for sale, which use is secondary to the primary residential use of the property.
FARM-FAMILY, LIVESTOCK
Any parcel of land or portion thereof used for raising and keeping of livestock and/or poultry, which use is secondary to the primary residential use of the property. Specifically excluded from this definition are riding academies, livery or boarding stables, and pet kennels.
FILLING STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying or otherwise cleaning or servicing such motor vehicles. Such use shall not include bodywork or the painting of vehicles or other than minor repair work.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA RATIO
The ratio of the total gross floor area of a building or buildings on one lot to the total area of the lot.
FLOOR AREA, LIVABLE
The sum of the gross horizontal area of the floors of a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding cellar, basement floor area not devoted to residential use.
FOOD TRUCK
[Added 4-23-2018 ATM by Art. 44]
A.
A readily movable, non-motorized trailer or cart or a motorized wheeled vehicle that is designed and equipped to cook, prepare, and/or serve food for retail sale while parked on land other than a public or private street, and shall include any food truck, food cart, canteen truck, catering truck, breakfast truck, lunch truck, lunch wagon, or any other mobile food vehicle. All food trucks must be registered with the Massachusetts Registry of Motor Vehicles, as required.
B.
The following food truck uses are exempt from this definition and do not require a special permit:
(1)
A food truck operating at a special event approved by the Selectboard, such as Oysterfest, a carnival or similar event;
(2)
A food truck operating as an accessory use to an outdoor municipal or governmental recreational use, including but not limited to public beaches, municipal playing fields or similar use; and
(3)
A food truck catering a private event in any zoning district, which shall remain on the property for a period not to exceed 24 hours.
FUNERAL HOME
A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
GAME ROOM
A building or part thereof used for the operation of no more than 10 automatic amusement devices for hire.
GARAGE, PRIVATE
A garage used for storage purposes only with a capacity of not more than three vehicles.
GARAGE, PUBLIC
Any garage not a private garage which is used for the sale, servicing, repair, storage or rental of automobiles and trucks and which in connection therewith supplies gasoline and oil to such motor vehicles.
GIFT OR CRAFT SHOP
A building or part thereof used for the display and retail sale of crafts and items primarily designed as gifts and keepsakes as distinguished from the retail sale of food, clothing, hardware, furniture and items more commonly associated with or essential to the maintenance of home, person and property.
[4-24-1989 ATM]
GUEST HOUSE, PRIVATE
A detached or semidetached building located upon the same lot with a one-family dwelling containing not more than 250 square feet and not containing cooking facilities, the use of said building being limited to the entertainment of relatives and friends without fee or other costs.
GUEST HOUSE, PUBLIC
A one-family dwelling in which not more than six individual rooms are offered for rent for the primary purpose of furnishing overnight lodging to tourists, and which may provide a common dining area for persons staying at the guesthouse within the facility. It shall include tourist homes, but shall not include a hotel, motel or motor inn.
[Amended 4-30-1985 ATM by Art. 67; 4-27-1992 ATM by Art. 38]
HEALTH CARE CLINIC
An outpatient facility that may include, but shall not be limited to, as an integral part of the clinic such related facilities as laboratories, therapy, administrative services, prescription services and staff offices for the diagnosis, treatment or other medical care of human ailments.
HOME OCCUPATION
A business activity conducted as an accessory use of a dwelling by a member of the resident family, either entirely within the dwelling, or within an accessory building located on the same lot, allowed by right as shown in Use Regulations § 235-5.3A, Residential, subject to the limitations of § 235-6.22 of this bylaw. This shall not include the following uses: tourist home; barber shop; beauty parlor; commercial stable or pet kennel; restaurant; nursing or convalescent home; funeral home.
HOSPITAL
An institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient department, training facilities, central service facilities, and staff offices.
INDIVIDUAL STORAGE UNITS
A commercial building providing one or more rental spaces for the storage of household goods, personal belongings and other non-toxic, non-hazardous items. Individual storage units shall not have a source of potable water or sanitary facilities.
INDUSTRY, HEAVY
The production, assembly, processing, finishing or manufacture of any object or material which results in or would result in noise, dust, odor, vibration, gasses or any objectionable feature that can or could be detected at any time off the premises upon which located.
INDUSTRY, LIGHT
Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property.
INN
A building, together with its accessory buildings, used or arranged or designed to be used to provide living accommodations, including room and meals served from central cooking and dining facilities operated under a common victualler license. An inn may or may not serve meals to the general public. The definition herein given shall also include that for a hotel.
INVASIVE PLANTS
Plant species identified by the Massachusetts Invasive Plant Advisory Group as Invasive. Likely Invasive, or Potentially Invasive. [Link for reference] (www.massrnc.org/mipag).
[Added 9-18-2023 STM by Art. 8]
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 can be used for its original purpose as readily as when new shall not be considered junk.
JUNKYARD
The use of any area of any lot, whether inside or outside a building, for the storage, keeping or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandonment of automobiles or other vehicle(s) or machinery or parts thereof.
LINE, STREET
The dividing line between the street right-of-way and the lot.
LOCALLY NOTABLE TREES
Native trees with a girth of 120 inches or greater measured at breast height (4.5 feet) or below the lowest branching trunk, whichever is less, or tree species listed as Endangered, Threatened, or of Special Concern by Mass Wildlife's Natural Heritage & Endangered Species Program Massachusetts.
[Added 9-18-2023 STM by Art. 8]
LODGE, BUILDING
Structure occupied by a nonprofit social or civic organization as defined under "club."
LOT
Parcel of land occupied or intended to be occupied by one principal building or principal use and its accessory buildings, except as provided for in § 235-5.4N of these bylaws, together with such open spaces as are required under the provisions of this bylaw, having not less than the minimum area required by the bylaw for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
LOT AREA
The contiguous horizontal area of a lot, exclusive of any area on a street or way open to public or private use and excluding that land which is swamp, pond, bog, dry bog, marsh, areas of exposed groundwater, or which is below mean high tides.
LOT FRONTAGE
That portion of a lot fronting upon and having access to a street. Measured continuously along one street line between side lot lines, or in the case of corner lots, between one side lot line and the mid-point of the corner radius. On curved streets, may alternatively be measured as the straight-line distance between points on the side lot lines at the required setback line, provided that said lines are approximately straight and normal to the street line, and provided that 60% of the requirement can be met at the street line.
LOT LINES
The line bounding a lot as defined herein.
MARINE AQUACULTURE
An activity related to the processing, harvesting, procurement, sale, or handling of fish, shellfish, or other water-related foodstuffs or products.
MOTEL
A building or group of buildings, whether detached or connected, each containing three or more units of at least 360 square feet used or designed to be used as individual sleeping and dwelling units, excluding cooking facilities, by transient travelers, tourists or vacationers. A motel may include accessory uses such as a restaurant and other secondary facilities commonly associated with the operation of a hotel or motel.
MOTOR VEHICLE CAR SALES
Premises used for the display for sale of one or more new or used motor vehicles, including automobiles, trucks, tractors or similar equipment.
MOTOR VEHICLE JUNKYARD
The use of any area of any lot or premises for the purpose of storing, keeping, dismantling, demolishing, junking, salvaging of parts to, or the abandonment of motor vehicles or motor-driven equipment.
MOTOR VEHICLE REPAIR SHOP
A building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.
MOTOR VEHICLE REPAIR, INCIDENTAL
The repair of motor vehicles incidental to any use allowed under the bylaw.
NATIONAL SEASHORE PARK GROSS FLOOR AREA (NSPGFA)
Is defined as per § 235-5.4D.
NON-COMPLYING STRUCTURE
Structures built without benefit of a permit or without benefit of an appropriate permit.
NONCONFORMING USE
A building or land lawfully occupied by a use that did not conform to the regulations of the district in which it is situated at the time of the adoption of zoning regulations and of any amendments thereto.
NURSERY SCHOOL
A school designed to provide daytime care for two or more children from two to six years of age inclusive, and operated on a regular basis.
NURSING OR CONVALESCENT HOME
Any dwelling or building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire, not including a hospital.
OCCUPANCY PERMIT
A permit issued by the Selectboard, or a person designated by them authorizing the occupancy and the use of land and/or structures and buildings.
OPEN SPACE
An unoccupied space open to the sky on the same lot with a building, free of all structures, parking, pavement or other uses that preclude landscaping.
PARKING SPACE
That area required for parking one automobile, which in this bylaw is held to be an area nine feet wide and 20 feet long, not including passageways.
PARKING, PRIVATE
Space for parking accessory to a principal use, not to include parking for fee or parking of more than one commercial vehicle except on farms.
PARKING, PUBLIC
An area used for the purpose of parking vehicles for a fee.
PET KENNEL
A building, structure or area used for the harboring of more than three dogs, cats or other domestic pets that are more than six months old.
PORCH, OPEN
A porch that has no walls or windows other than that of the main building to which it is attached notwithstanding Town and State Building Codes, with which there must be compliance.
[4-25-1988 ATM]
PRINCIPAL USES
Categories of uses listed in § 235-5.3 of the Wellfleet Zoning Bylaws as Residential, Commercial, Commercial (Heavy), Institutional and Farm Uses.
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
A lot of land or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale or for use at a site removed from said lot, exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit had been made and said permit issued.
RESTAURANT
A building or part thereof to be used for the preparation, indoor sale, and consumption of meals and refreshments on the premises. Seating area for a restaurant may include open or outdoor terrace or patio upon issuance of a special permit.
[4-23-1990 ATM]
RESTAURANT, DRIVE-IN
Premises where meals and other items of nourishment and refreshment are offered for sale, and where any portion of these are consumed or intended to be consumed off-premises or within cars parked on the premises.
[4-23-1990 ATM]
RESTAURANT, FAST-FOOD
A restaurant with drive-up window service, or that otherwise receives payment and/or dispenses products to patrons while in their vehicles.
[4-25-2011 ATM]
RESTAURANT, FORMULA
A restaurant that stands alone or with other use(s), and which prepares food and beverage on site for sale to the public, and which is required by contractual or other arrangement or as a franchise to offer any of the following features: standardized menu, trademark or service mark, defined as a word, phrase, symbol, design or logo, or a combination of words, phrases, symbols, designs and/or architecture, facade, or color scheme that identifies the restaurant as one of 25 or more other restaurants worldwide.
[4-25-2011 ATM]
RIDING ACADEMY
Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association or other similar establishment.
ROADSIDE STAND, SEMI-PERMANENT
A structure of a semi-permanent type intended to be left in place over an extended period of time from which products, the major portion of which are produced upon the premises or are legally gathered from the sea or seashore, are displayed and offered for sale.
ROADSIDE STAND, TEMPORARY
A temporary and easily portable structure or device placed on private property by the side of a street or way for the purpose of displaying for sale perishable goods or items legally grown upon the premises or legally gathered from the sea, seashore, or the land, the same to be removed when not in use.
SEASONAL
This term shall refer to a period of time commencing each calendar year on the first day of April and terminating the last day of November of each calendar year.
SERVICE TRADE
A business activity which provides service to customers primarily in or on the customers' homes or premises, including but not limited to carpentry, masonry, plumbing and heating, electrical work, well drilling, appliance repair, home and lawn maintenance, and landscape services. Service trades may be conducted as a home occupation as shown in Use Regulations § 235-5.3A, Residential, subject to the limitations of § 235-6.22 of this bylaw.
SERVICE TRADE BUSINESS
A service trade that does not meet the limitations of § 235-6.22, Home occupations, or § 235-6.23, Service trade home business, of this bylaw. Service trade businesses may be allowed by special permit as shown in Use Regulations § 235-5.3B, Commercial.
SERVICE TRADE HOME BUSINESS (STHB)
An accessory use of a dwelling that does not meet the limitations of § 235-6.22, Home occupations, conducted by a member of the resident family, either entirely within the dwelling, or within an accessory building located on the same lot, allowed by special permit as shown in Use Regulations § 235-5.3A, Residential, subject to the limitations of § 235-6.23 of this bylaw.
SHED
A single -story detached accessory building or structure which has dimensions that do not exceed 120 square feet of floor area or 12 feet in height, which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, and which is located on the same lot. Such buildings or structures shall not be heated, and shall not be used as a dwelling unit, guest unit or commercial accommodation.
SIGN, AREA OF
See Article VII, Signs.
SIGNS
See Article VII, Signs.
SOLAR PHOTOVOLTAIC ARRAY
An arrangement of solar photovoltaic panels.
[4-22-2013 ATM]
SOLAR PHOTOVOLTAIC INSTALLATION, LARGE-SCALE GROUND-MOUNTED (LSGMSPI)
A solar photovoltaic system, including all accessory structures, that is a principal use on a site of at least 8.5 acres in common ownership, and which is mounted on the ground (not roof-mounted), and has a minimum nameplate capacity of 250 kW direct current (DC).
SOLAR PHOTOVOLTAIC INSTALLATION, LARGE-SCALE GROUND-MOUNTED (LSGMSPI) SITE PLAN REVIEW
A review by the Planning Board to determine conformance with all applicable Town of Wellfleet zoning bylaws.
SOLAR PHOTOVOLTAIC INSTALLATION, RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current.
SPECIAL PERMIT GRANTING AUTHORITY
The Zoning Board of Appeals except for where the Planning Board is expressly designated as the SPGA.
[Added 9-10-2022 ATM by Art. 17]
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC
A building in which two or more horses are kept for remuneration, hire or sale.
STREET
A street or way other than a private way which meets the minimum requirements of the Planning Board as established in accordance with the provisions of MGL c. 41, § 81L (Subdivision) of the General Laws.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
STREET, PRIVATE
A way which has not been accepted by the Town as a public street or way, or one which has not been dedicated to public use in accordance with an approved subdivision or one in which the public has not acquired rights of usage by prescription.
STREET, PUBLIC
A street or way laid out and accepted by the Town as a public way, or a state or county road or way.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground, except a boundary wall or fence.
STUDIO (PRIVATE); also ARTIST STUDIO
A building or part of a building generally limited to a one-room working space designed to accommodate an occupation relative to production of various forms of art, such as painting, sculpture, photography. Such a unit may be included within "home occupation" as defined in this bylaw only when such unit meets all requirements of the "home occupation" definition.
SWIM OR TENNIS CLUB (PRIVATE)
A voluntary or corporate association owned solely by its members, the objectives, pursuits or purposes of which are social or recreational, operating or formed for the purposes of operating a club on a membership basis and not operated for profit, the principal facilities of which shall be a swimming pool or pools and/or tennis court or courts owned by it and maintained on the land owned or leased by it, and which may maintain and operate on the same premises such accessory facilities owned by it as are usually provided by a swim or tennis club. Accessory facilities shall not include bowling alleys.
SWIMMING POOL
Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside any building.
SWIMMING POOL AND/OR TENNIS CLUB (PUBLIC)
A Town, state or federally owned or leased facility or facilities not operated for profit with any license, permit, or other type of usage fee utilized to defray cost related to the operation and maintenance of the facility. Principal facilities shall be a swimming pool or pools and/or tennis court or courts. Accessory facilities generally associated with swimming pool(s) and/or tennis court(s) are to be included in this definition. Bowling alleys are not accessory facilities.
TEMPORARY STRUCTURE
One to be used for less than six months.
TENNIS COURT
Grass, clay or asphalt surfaced area uncovered and unenclosed by opaque sidewalls, used or intended to be used for tennis or tennis-related actions and constructed, installed or maintained on or above the ground outside any building.
TIMBER
Woody plants and trees with a girth of 16 inches or more, measured at breast height (4.5 feet) or below the lowest branching trunk, whichever is less.
[Added 9-18-2023 STM by Art. 8]
TOURIST HOME
(See Guest House.)
TRAILER HOME/MOBILE HOME
A unit designed for living purposes which is built on a chassis and which was at any time portable, whether still standing on wheels or transferred to rigid supports.
TRAILER PARK
A tract of land occupied by or designed or intended for the occupancy of trailer homes or any similar vehicle.
TRANSPORT TERMINAL
Yards or structures for the storage and/or servicing of two or more commercial vehicles and the storage of materials in transit.
TREE THINNING
Tree removal in an immature forest stand that reduces tree density and between-tree competition performed by a certified arborist.
[Added 9-18-2023 STM by Art. 8]
USE
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VEHICLE, COMMERCIAL
Any vehicle used in business which is in excess of 10,000 lbs. gross vehicle weight.
WAREHOUSING
Storage of bulk goods within a building for distribution but not for retail sale on the premises.
WIND ENERGY CONVERSION SYSTEM or W.E.C.S. or WINDMILL
A device which converts wind energy to mechanical or electrical energy.
WIND ROTOR
The blades, plus hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The rotor is used generally on a pole or tower and, along with other generating and electrical storage equipment, forms a wind energy conversion system.
YARD
A space on the same lot with a building.
YARD, FRONT
A space on the same lot with the building, between the front line of the building and the front line of the lot and extending to the side lines of the lot.
YARD, REAR
A space on the same lot with the building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE
A space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed the sideline.