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Whitman City Zoning Code

ARTICLE II

Definitions

§ 240-2.1 Word usage; terms defined.

For the purposes of this bylaw, certain terms and words shall have the following meanings. Words used in the present tense include the future; the singular number includes the plural; the plural the singular; the words "used" or "occupied" include the words "designed", "arranged", "intended" or "offered" to be used or occupied; the words "building", "structure", "lot", "land" or "premises" shall be construed as though followed by the words "or any portion thereof"; and the word "shall" is always mandatory and not merely directory. Terms and words not defined herein but defined in the Whitman Subdivision Rules and Regulations shall have the meanings given therein unless a contrary intention clearly appears.
ABANDONMENT
The visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or premises or the removal of the characteristic equipment or furnishings used in the performance of the nonconforming use without its replacement by similar equipment or furnishings or the replacement of the nonconforming use or building for a period of two years or more.
ABOVE GROUND LEVEL (AGL)
A measurement of height from the natural grade of a site to the highest point of a structure.
ABUTTING
Having a common property line with; contiguous, fronting upon.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ADULT ENTERTAINMENT ESTABLISHMENT
Includes adult bookstores, adult motion-picture theaters, adult paraphernalia stores and adult video stores, as defined herein.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATER
An enclosed building or drive-in theater used for presenting motion pictures, slides, photo displays, videos or other material for viewing 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 is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ALTERATION
Any construction, reconstruction or other action resulting in a change in the structural parts or height, number of stories or exits, size, use or location of a building or other structure.
ALTERNATIVE ENERGY
Resources whose common characteristic is that they come from a green source and replace or supplement traditional fossil fuel sources, such as coal, oil and natural gas, and shall include the following technologies: combined heat and power; and electric- and hydrogen-powered vehicles and associated technologies, including advanced batteries and recharging stations.
ANTENNA
The surface from which wireless radio signals are sent and received by a personal wireless service facility.
APARTMENT
A building exclusively for residential use with three or more dwelling units.
AS-OF-RIGHT SITING
Means that development may proceed without the need for a special permit, variance, amendment, waiver or other discretionary approval. As-of-right development shall be subject to nondiscretionary site plan review to determine conformance with local zoning ordinances or bylaws and with state and federal law. Projects that are consistent with zoning bylaws and state and federal law cannot be prohibited, but can be reasonably regulated by the Zoning Board of Appeals through site plan review.
BUILDING
A combination of any materials, whether portable or fixed, having a roof and enclosed within exterior walls or fire walls built to form a structure that is safe and stable supported by columns or walls resting on its own foundation for the shelter, housing or enclosure of persons, animals, personal property of any kind. For the purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
BUILDING, ACCESSORY
A detached building, the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building to which it is accessory.
BUILDING, ATTACHED
A building having any portion of one or more walls in common with adjoining buildings.
BUILDING, DETACHED
A building having open space on all sides.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is located.
CAMOUFLAGED
A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged".
CARRIER
A company that provides wireless services.
CERTIFICATE OF OCCUPANCY
The final permit required from the Town before any use or structure may be occupied; issued by the Building Commissioner/Inspector of Buildings; a means of assuring that all work has been completed in accordance with plans approved for building permits and that all work conforms to the requirements of all building, zoning and health regulations of the Town.
CO-LOCATION
The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
CONDOMINIUM
A structure in which an individual owns separately one or more single dwelling units in a multi-unit building. He/She and the owners of the other units have an undivided interest in common areas and facilities that serve the project. The common areas include such items as land, roof, floors, main walls, stairways, lobby, hall, parking spaces and community and commercial facilities.
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA
A low mount that has three panels, flush-mounted or attached very close to the shaft.
DISTRICT
A zoning district as established by Article III of this bylaw.
DRIVEWAY
An open space located on a lot which is built for access to a garage, or off-street parking or loading space.
DUPLEX DWELLING
A two-family dwelling designed with separate dwelling units separated by a fire separation wall and/or floor-ceiling assembly.
DWELLING
A privately or publicly owned permanent structure containing a dwelling unit or dwelling units. The terms "one-family", "two-family" or "multifamily" dwelling shall not include hotel, lodging house, hospital, membership club, trailer, however mounted, or dormitory, or structure solely for transient or overnight occupancy.
DWELLING UNIT
One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit with permanent provisions for cooking, living, sanitary, eating and sleeping facilities.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units constructed on a single lot (apartment).
ELEVATION (AMSL)
The measurement of height above sea level.
ENVIRONMENTAL ASSESSMENT (EA)
An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
EXCEPTION
A use of a structure or lot or any action upon a premises which may be permitted under this bylaw only upon application to and the approval of the Zoning Board of Appeals and in accordance with provisions of this bylaw.
FALL ZONE
The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FAMILY
One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.
FLOOR AREA
The sum of the areas of the several floors of a building, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment.
FRONTAGE
That portion of a lot contiguous with a street or street right-of-way line and providing access thereto.
FUNCTIONALLY EQUIVALENT SERVICES
Cellular, personal communication services (PCS), enhanced special mobile radio, specialized mobile radio and paging.
GUYED TOWER
A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
HEIGHT
The vertical distance from the average finished grade of the adjacent ground to the top of the structure of the highest roof beams of a flat roof or the mean level of the highest gable or the slope of a hip roof.
HOME OCCUPATION
An accessory use which by custom has been carried on entirely within a dwelling unit and is incidental and subordinate to the dwelling use and which shall not occupy more than 25% of the floor area or 400 square feet, whichever is less, of the dwelling unit so used. No commodities except those processed on the premises shall be sold. Permitted uses shall be carried on by the occupants of the dwelling unit with not more than one nonresident employee, and shall not in any manner change the residential character of the building.
HOSPITAL
A building providing twenty-four-hour in-patient services for the diagnosis, treatment or other care of human ailments, including, where appropriate, a sanitarium, clinic, rest home, sanatorium, nursing home and convalescent home.
HOTEL
A building or any part of a building containing rooming units without individual cooking facilities for transient occupancy and having a common entrance or entrances, including an inn, motel, motor inn and tourist court, but not including a boardinghouse, lodging house or rooming house.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
LICENSED CARRIER
A company authorized by the FCC to construct and operate a commercial mobile radio services system.
LIVE ADULT ENTERTAINMENT ESTABLISHMENT
Establishments which feature persons, entertainers or employees who appear or work in a state of nudity, 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.
LODGING UNIT
One or more rooms for the use of one or more individuals not living as a single housekeeping unit and not having cooking facilities. A "lodging unit" shall include rooms in boardinghouses, tourist houses or rooming houses.
LOT
A single or contiguous tract of land in the same ownership throughout and defined by bounds or lot lines ascertainable by recorded deed or plan.
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot line.
LOT FRONTAGE
The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line.
LOT LINE, FRONT
The property dividing a lot from the street.
LOT LINE, REAR
The lot line opposite from the front lot line.
LOT LINE, SIDE
Any lot line not a front or rear lot line.
LOT, CORNER
A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines, or in the case of a curved street, extended lot lines, being not more than 135°.
MANUFACTURING FACILITIES
Those facilities used primarily for heavy or light industry or the manufacture or assembly of a product, including processing, blending, fabrication, assembly, treatment and packaging.
MEMBERSHIP CLUB
A social, sports or fraternal association or organization which is used exclusively by members and their guests, which may contain bar facilities.
MOBILE HOME
A large trailer outfitted as a home meant to be parked more or less permanently at a location. See "trailer."
MONOPOLE
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT
The structure or surface upon which antennas are mounted, including the following four types of mounts.
A. 
Roof-mounted: mounted on the roof of a building.
B. 
Side-mounted: mounted on the side of a building.
C. 
Ground-mounted: mounted on the ground.
D. 
Structure-mounted: mounted on a structure other than a building.
MULTIFAMILY HOUSING
A dwelling with three or more units or two or more buildings on the same lot, each having two or more units.
[Added 5-6-2024 ATM by Art. 50, AG approved 8-26-2024, eff. 5-6-2024]
OMNIDIRECTIONAL (WHIP) ANTENNA
A thin rod that beams and receives a signal in all directions.
OPEN SPACE
The space on a lot unoccupied by building, unobstructed to the sky, not devoted to streets, driveways or off-street parking or loading spaces and expressed as a percentage of total lot area.
OWNER (REAL ESTATE)
Any person or entity of record, holding fee simple title to a lot of land.
PANEL ANTENNA
A flat surface antenna usually developed in multiples.
PARKING SPACE
An off-street space, whether inside or outside a structure, for exclusive use as a parking stall for one motor vehicle as required elsewhere in these bylaws.
PERSONAL WIRELESS SERVICE FACILITY
Facility for the provision of personal wireless services, as defined by the Telecommunications Act.
PERSONAL WIRELESS SERVICES
The three types of services regulated by Article XIII of this bylaw.
PLANNED CLUSTER DEVELOPMENT
An area of land, designed and developed as a unit, with common open spaces as an integral characteristic, which departs from the zoning regulations conventionally required in the district concerning lot size and dimensional requirements.
RADIO FREQUENCY (RF) ENGINEER
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIO FREQUENCY RADIATION (RFR)
The emissions from personal wireless service facilities.
RENEWABLE ENERGY
Resources whose common characteristic is that they are nondepletable or are naturally replenishable but flow-limited; or existing or emerging non-fossil fuel energy sources or technologies, which have significant potential for commercialization in New England and New York, and shall include the following: solar photovoltaic or solar thermal electric energy; wind energy; ocean thermal, wave or tidal energy; geothermal; fuel cells; landfill gas; waste-to-energy which is a component of conventional municipal solid waste plant technology in commercial use; naturally flowing water and hydroelectric; and low-emission advanced biomass power conversion technologies using such fuels such as wood, by-products or waste from agricultural crops.
RESEARCH AND DEVELOPMENT FACILITIES
Those facilities used primarily for research, development and/or testing of innovative information, concepts, methods, processes, materials or products. This can include the design, development and testing of biological, chemical, electrical, magnetic, mechanical and/or optical components in advance of product manufacturing. The accessory development, fabrication and light manufacturing of prototypes, or specialized machinery and devices integral to research or testing may be associated with these uses.
SECURITY BARRIER
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION
The distance between one carrier's array of antennas and another carrier's array.
SIGN
Any permanent or temporary representation used as, or which is in the nature of, an advertisement, announcement or direction, or is designed to attract the eye by illumination; provided, however, that the following shall not be included in the application of the regulations herein:
A. 
Flags and insignia of any government except when displayed in connection with commercial promotion.
B. 
Legal notices, identification, informational or directional signs erected or required by government bodies.
C. 
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SIGN, SURFACE AREA OF
A. 
For a sign, the area shall be considered to include all lettering, wording and accompanying designs and symbols together with the background, whether open or enclosed, on which they are displayed. Frames and structural members not bearing advertising matter shall not be included in computation of sign area.
B. 
For a sign consisting of individual letters, designs and symbols attached to or painted on a surface building wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs and symbols.
SPECIAL PERMIT
A permit which may be issued by the Board of Appeals to authorize a use which would not be allowed generally or without restriction throughout any particular zoning district; but which, if controlled as to number, area, location, relation to the neighborhood and other characteristics, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare; a special permit is not a "variance" but may include a waiver of dimensional and similar requirements incidental to the special permit.
STREET
A public way or way which the Town Clerk certifies is maintained and is used as a public way.
STREET LINE
The right-of-way line of a street.
STRUCTURE
A combination of materials assembled at a fixed location that is safe and stable to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, sign, fence, flagpole, swimming pool, shelters, sheds or the like.
TRAILER
Any vehicle which is designed primarily to be portable and is arranged, intended, designed or used temporarily for sleeping, eating or business use in conjunction with construction, or is a place in which persons may congregate, including a tent trailer, travel trailer, motor home or camper.
USE
The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.
USE, NONCONFORMING
A use lawfully existing at the time of adoption of this bylaw or any subsequent amendment thereto, which does not conform to one or more provisions of this bylaw.
USE, PRINCIPAL
The main or primary purpose for which a structure, building or lot is designed, arranged, constructed or intended, or for which it may be used, occupied or maintained under this bylaw.
YARD
A portion of a lot upon which the principal building is situated, unobstructed artificially from the ground to the sky except as otherwise provided herein. A court shall not be considered to be a yard or any part thereof.
YARD, FRONT
A yard extending for the width of the lot between the front line of the nearest building wall and front lot line.
YARD, REAR
A yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
YARD, SIDE
A yard extending for the full length of a building between the nearest building wall and the side lot line.
ZONING ACT
Chapter 40A of the General Laws and subsequent amendments thereto.