Wenham City Zoning Code
ARTICLE 2
Terminology
§ 255-2.1 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 "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.
§ 255-2.2 Definitions.
As used in this bylaw, the following terms shall have the meanings indicated:
A separate dwelling unit within or as an attached portion of a single-family dwelling or within an accessory building subject to the provision of § 255-4.3B.
A subordinate structure located on the same lot as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.
A use customarily incidental to that of the main or principal building or use of the land.
An adult day-care or health facility, as those terms are defined by the Commonwealth's Department of Elder Affairs.
Farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, 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, fur-bearing animals, and any forestry or lumbering operations performed by a "farmer," who is hereby defined as one engaged in agriculture as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.
AGRICULTURAL USE, EXEMPTUse of land for the primary purpose of agriculture, on a parcel of five or more acres in area, or two acres or more if the sale of products produced from the agriculture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars, as set forth in MGL c. 40A, § 3.
A place where animals are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic or hospital use.
A building used chiefly for storing grain and hay and for keeping farm animals or farm equipment.
An owner-occupied residence in which not more than six rooms, each with no cooking facilities therein, are provided for temporary stay. Breakfast may be provided to guests.
The vertical distance measured from the grade to the highest point of the roof. When a building faces more than one street, the height shall be measured from the average of the grade at the center line of each street front. Not included are spires, cupolas, antennae, or similar parts of structures which do not enclose potentially habitable floor space.
A building in which is conducted the main or principal use of the lot on which said building is situated.
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.
An organized program for groups of boys and/or girls for the purpose of promoting health, education, and knowledge.
A written form, signed by the Building Inspector, certifying that the stated and described use, structure and/or lot conforms to this bylaw or, in the case of an appeal, to the written instructions of the Zoning Board of Appeals.
[Amended 10-17-2020 STM by Art. 4]
A child-care center or school-age-child-care program, as those terms are defined in MGL c. 15D, § 1A.
CHILD-CARE FACILITY, FAMILY (LARGE OR SMALL)Any private residence operating as a child-care facility as defined in MGL c. 15D, § 1A.
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.
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. Commercial recreation structures shall include theatres, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
An outdoor area used for recreational, social or amusement purposes, which may include as an accessory use the consumption of food and drink. Outdoor commercial recreation facilities shall include drive-in theatres, golf courses/driving ranges, bathing beaches, sports clubs, horseback riding stables, boathouses, game preserves, marinas or other facilities where commercial recreation is carried on in whole or in part outdoors, except those activities more specifically designated in this bylaw.
Premises used by a building contractor or subcontractor for the storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.
Any building, or part thereof, used for habitation for one or more persons, but not including commercial accommodations for transient occupancy or trailers or mobile homes, whether mounted or not.
[Amended 10-17-2020 STM by Art. 4]
DWELLING, MULTIFAMILYA dwelling with two or more dwelling units.
DWELLING, SINGLE-FAMILYA building containing one dwelling unit intended and designed to be occupied by a single family.
Educational facilities not exempted from regulation by MGL c. 40A, § 3.
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 overhead, 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.
An individual, or two or more persons related by blood, marriage or adoption, living and cooking together as a single housekeeping unit, or a group of not more than six persons, who need not be related by blood, marriage or adoption, living and cooking together as a single housekeeping unit.
A temporary roadside facility not exempted by MGL c. 40A, § 3, for the sale of produce raised on the premises, set back at least five feet from the street sideline, to be removed at the end of the season.
The sum of the gross horizontal areas of all floors in a building and its accessory buildings on the same lot, measured from the exterior faces of the walls. Floor area does not include cellars, attics, or unenclosed porches not used for human occupancy.
The boundary of a lot coinciding with a street line, being an unbroken distance along a street maintained by the Town of Wenham, the county, or the state, or along a way shown on an approved definitive subdivision plan built to specification or secured in accordance with MGL c. 41, § 81U.
A facility for conducting funerals and related activities such as embalming.
A building or structure or portion thereof in which a motor vehicle or vehicles are stored.
A shop for lawn mower repair or service or small appliance repair, upholstery or furniture repair, bicycle repair, builder, carpenter, caterer, electrician, mason, painter, plumber or roofer or the like.
A facility used for the nurture of plants or trees not exempt by statute.
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other physical or mental conditions and including, as an integral part of the institution, related facilities, including laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
The use of more than 600 square feet of the area of a lot for the storage or abandonment of junk.
An area of land in common ownership meeting minimum requirements for area, width, and frontage in the district in which it lies. A lot is buildable.
LOT AREAThe area contained within a lot. When the distance between any two points on lot lines is less than 50 feet, measured in a straight line, the smaller portion of the lot which is bounded by such straight line, and such lot lines shall not be considered in computing the minimum lot area unless the total of the distances along such lot lines between such two points is less than 150 feet.
LOT COVERAGEThe area of the lot included within the outside lines of the exterior walls of all structures located on the lot and including all porches, decks, patios, and nonpermeable surfaces.
LOT LINEThe front, rear, and side lines bounding a lot. Any lot line that is not a front line or a rear line shall be deemed a sideline.
LOT, HAMMERHEADA lot with reduced frontage authorized by special permit in accordance with § 255-5.2B(1) herein.
LOT WIDTHThe horizontal distance between side lot lines, measured parallel to the lot frontage at the building front line.
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.
Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include bodywork, painting, or major repairs.
An establishment, garage, or work area enclosed within a building where repairs are made or caused to be made to motor vehicles.
MOTOR VEHICLE REPAIR FACILITY, BODYAn establishment where repairs are made or caused to be made on motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but which does not include the storage of vehicles for the cannibalization of parts.
MOTOR VEHICLE REPAIR FACILITY, GENERALPremises for the servicing and repair of motor vehicles, but not to include fuel sales.
Multifamily dwellings, each of which contains two or more independent dwelling units consisting of a suite of rooms, bath and toilet facilities, and a kitchen facility. The terms "townhouses," "row houses," "attached houses" and like terms shall be interpreted as being synonymous with the term "multifamily residence."
MULTIFAMILY RESIDENCE, NONRESTRICTEDA multifamily residence in which residence shall not be restricted to persons 55 years of age or over.
MULTIFAMILY RESIDENCE, AGE-RESTRICTEDA multifamily residence in which residence is restricted to persons 55 years of age or over. Each such multifamily dwelling building may also include central kitchen and dining facilities for providing meals to the residents thereof and their guests but not to the public and may also provide lounge rooms for the common use of residents and their guests. In each such dwelling unit, one of the residents must be a person who is 55 years of age or over. In one of such buildings, a unit may be included for occupancy by a manager of the development and their immediate family, one room of which may be used for an office. The manager's unit need not be occupied by a person 55 years of age or over. Except for the unit so used and occupied by the manager, no dwelling unit in a multifamily age-restricted residence shall be resided in by more than two persons.
Facilities owned or operated by the Town of Wenham.
An area of the Town having distinguishing characteristics.
Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
A public way constructed in accordance with § 255-5.2A.
An area of land that does not satisfy the definition of "lot."
A facility providing personal services such as a hair salon, barbershop, tanning facility, dry cleaner, print shop, or photography studio, or the like.
Any structure or facility, whether indoor or outdoor, where the public gathers. Places of public assembly shall include churches, meeting halls, auditoriums, libraries, museums, private clubs and lodges, funeral homes, restaurants and similar eating and drinking establishments, theaters, bowling alleys and other places of amusements, bus depots and other passenger terminals.
A private way is a street or right of way that has not been approved by the Town and, as such, may not meet the standards for a street established by the Town.
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 if authorized by special permit from the Zoning Board of Appeals. The term "restaurant" shall not include fast-food establishments.
A facility selling goods or services whether or not specifically listed in the Table of Use Regulations.
Any letter, word, symbol, drawing, picture, design, device, article, or object that advertises, calls attention to or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction, when the same is placed out-of-doors in view of the general public or placed indoors for exterior observance, except temporary indoor paper signs advertising sales, promotions or special events.
An individual ownership by one person or by several persons whether the tenure be joint or common or by entirety.
A permit granted by the Zoning Board of Appeals for structure or use identified in the Table of Use Regulations as permitted with approval of the Zoning Board of Appeals.
A way currently maintained by the Town of Wenham, the county or the state, or a way shown on an approved definitive subdivision plan built to specification or secured in accordance with MGL c. 41, § 81U.
Any boundary of a lot and street right-of-way or layout.
A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, swimming pool, tent, tennis court, deck, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part or parts thereof."
An exception granted by the special permit granting authority in accordance with § 255-13.6 of this bylaw.
All resource areas subject to protection under MGL c. 131, § 40, and/or the Water Resources Protection Bylaw, Chapter 242 of the Town of Wenham Bylaws, except for floodplains and adjacent upland resource areas.
A space open to the sky, located between a building or structure and a lot line, unoccupied except by fences, walls, poles, paving, and other customary yard accessories.
YARD, FRONTA yard extending the full width of the lot and situated between the street line adjoining the lot and the nearest point of the building.
YARD, REARA yard on the opposite side of the lot from the front yard extending the full width of the lot, and situated between the rear line of the lot and the nearest part of the main building projected to the sideline of the lot.
YARD, SIDEA yard situated between the nearest point of the building and the sideline of the lot and extending from the front yard to the rear yard or another side yard.