200-04. Severability.
The separate provisions of this Chapter and the Zoning Map are adopted with the intent that each shall have force and effect separately and independently, except insofar as they express reference or necessary implication any one, or any part thereof, is made dependent upon another. The invalidity of any provision or part thereof shall not affect the validity of any other provisions. Wherever this Chapter imposes greater restrictions upon the construction or use of buildings or land than other Ordinances or existing provisions of law, regulations or permits or any restrictions, easements, covenants or agreements, the provisions of this Chapter shall prevail.
200-05. Definitions; Word Usage.
A. Words used in the present tense include the future; words in the plural number include the singular; the word "shall" is mandatory and not directory; the word "lot" includes the word "plot"; the word "land" includes the words "swamp" and "water".
B. For the purposes of this Chapter, certain terms and words are defined as follows:
ACCESSORY BUILDING: A subordinate building located on the same lot with the main
building or use, the use of which is customarily incidental to that of the main building or to
the use of the land.
ACCESSORY USE: A use customarily incidental to that of the main building or to the use
of the land, excluding the exterior storage of junk, dismantled or abandoned cars or any
other storage detrimental to the health, safety or general welfare.
ADULT BOOKSTORE: An establishment having 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 Chapter 272, Section 31.
ADULT VIDEO STORE: An establishment having a substantial or significant portion of its
stock in trade, videos, movies, or CD-ROM 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 Chapter 272, Section 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 conduct or sexual excitement as defined in
MGL Chapter 272, Section 31.
ADULT MOTION PICTURE THEATER: 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 by MGL Chapter 272, Section 31.
ADULT LIVE ENTERTAINMENT ESTABLISHMENT: Any establishment which
displays live entertainment which is distinguished or characterized by its emphasis
depicting, describing or relating to sexual conduct or sexual excitement as defined by MGL
Chapter 272, Section 31.
AFFORDABLE HOUSING: Sale or rental housing meeting at least the minimum standards
established by the Massachusetts Department of Housing and Community Development
(DHCD), for household income, unit size, financing and resale controls applicable to low-
and moderate-income households or elderly housing, pursuant to MGL C.40B, including
future amendments thereto, consistent with the requirements of the particular DHCD
program used in conjunction with the applicable project. In no case shall the price of the
affordable units be more than eighty percent (80%) of the market sales or rental price
of comparable units located within the same project.
ALTERATION: A change in or addition to a building which modifies the location, plan,
manner of construction or the kind of materials used, or in any way varies the character of
its use.
APPLICANT: The person or persons, including a corporation or other legal entity, who
applies for issuance of any development approval or permit.
APPLICATION: Includes the accompanying materials required or submitted with an
application.
BASEMENT: That part of a building which is partly below and partly above grade and
having at least one-half (½) its height above grade.
BOARDER or LODGER: An individual, other than a member of a family occupying a
dwelling unit, who occupies a boarding or lodging unit for living and sleeping but not for
cooking and eating purposes and pays rent, which may include an allowance for meals, by
prearrangement to an owner or operator to whom he/she is not related by blood, marriage or
adoption.
BOARDING OR LODGING HOUSE: A building or a portion thereof in which rooms or
suites of rooms are let for fee as places of human habitation, either permanently or
transiently, to four (4) or more persons or which requires a license as required by MGL
Chapter 140 Section 22 et seq., as amended. The term "boarding or lodging house" shall
exclude convalescent homes, nursing homes, shelters, hotels and motels which are licensed
as such pursuant to applicable State law.
BOARDING OR LODGING UNIT: One (1) or more rooms designed, occupied or intended for occupancy as separate living quarters for one (1) or more boarders or lodgers, with sleeping facilities but no kitchen facilities, provided that common facilities for cooking may be made available. Cooking facilities shall not be deemed common if they can be reached only by passing through any part of the dwelling unit or boarding unit of another.
BUILDING: A structure or part thereof enclosed within exterior walls or fire walls, built, erected and framed of component structural parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. Refer to definitions of "multifamily dwelling" and "dwelling".
BUILDING LINE: The line established by law beyond which a building shall not extend.
CELLAR: That part of a building which is partly or completely below grade and having at least one-half (½) its height below grade.
CHILD CARE CENTER: Same as defined in MGL Chapter 40A, Section 3.
COMMUNICATIONS DEVICE: Any antennae, dish or panel mounted out of doors on an already existing building or structure used by a commercial telecommunications carrier to provide telecommunications services. Interior-mounted antennas, dishes or panels are not subject to the provisions of this Section. The term "communications device" does not include a Tower.
COMPREHENSIVE DEVELOPMENT: A housing development including affordable housing meeting all requirements necessary to make said development eligible for application for a comprehensive permit as provided in MGL Chapter 40B, including future amendments thereto. (See definition of "affordable housing”.)
CONVERSION: See ALTERATION.
CORNER LOT: A lot at the intersection of and abutting on two (2) or more streets where
the angle of intersection is not more than one hundred thirty-five (135) degrees or where
the intersection is bounded by a curve having a radius of less than one hundred (100) feet.
COVERAGE: See LOT COVERAGE.
CUSTOMARY HOME OCCUPATION: See HOME OCCUPATION.
DEVELOPMENT: One (1) or more structures or buildings or any improvements,
expansions, alterations or changes in use to buildings or premises, including site preparation,
landscaping, parking and underground improvements, on the same lot or contiguous lots.
DEVELOPMENT LOT: The land depicted on a plan accompanying the application for a
Building Permit for a Shopping Mall and encompassing the individual lots on which the
Shopping Mall will be constructed and operated.
DNA: Deoxyribonucleic acid.
DWELLING UNIT: A building or portion thereof which is designed for or occupied as a
place of abode by one (1) or more persons, either permanently or transiently, with cooking,
sleeping and sanitary facilities provided within the dwelling unit.
FAMILY: One (1) or more persons, but not more than five (5) persons unrelated by blood
or marriage, occupying a single-family dwelling unit.
FARM: A piece of land containing a minimum of three (3) acres devoted to raising crops or
livestock, or devoted to any specific agricultural project, as a dairy farm, such crops or
livestock or portion thereof to be offered for sale.
FIRST STORY: See definition of STORY, FIRST.
FLOOR AREA: The gross horizontal area of the several floors of building, excluding
areas used for accessory garage purposes and basement areas. All horizontal dimensions
shall be taken from the exterior faces of walls, including walls or other enclosures.
FRONTAGE: The distance along a continuous portion of a street right-of-way line between
intersections with lot side lines, provided that, for lots abutting more than one (1) street,
"frontage" shall be required and measured along one (1) street only, but the front yard
required by Article VI hereof shall be provided along each street the lot abuts, and that for
corner lots, frontage shall be measured to the intersection of street right-of-way lines or to
the middle of the corner rounding curve connecting such street rights-of-way.
GROSS LEASABLE AREA: The total floor area of building or buildings designed for
the exclusive occupancy of tenants and portable structures.
HALF STORY: See definition of STORY, HALF.
HEIGHT: The vertical dimension measured from the average elevation of the finished lot
grade at the front of the building the highest point of the ceiling of the top story in the case
of a flat roof; to the deck of a mansard roof; and to the average height between plate and
ridge of a gable, hip or gambrel roof.
HOME OCCUPATION: An occupation customarily conducted in the place of residence of
the operator or of a professional person, or in a building accessory thereto, such as
dressmaking, millinery, home cooking, handcraft, specialized cultivation and propagation of
houseplants, insects, fish, birds and animals, limited to one (1) litter at a time, or the offices
of a physician, surgeon, dentist, real estate agent, teacher, clergyman, artist, lawyer,
architect, musician, landscape architect, land surveyor, city planner, broker, engineer,
beautician or member of any other recognized profession provided that not more than three
(3) persons are engaged in the activity.
LANDSCAPED AREA: The part or parts of a lot developed and permanently maintained
in grass or other plant materials, which space is open to the sky and is free of all vehicular
traffic, parking, loading and outdoor storage.
LARGE TRACT DEVELOPMENT: A development on a Large Tract Development Lot of
one or more buildings of up to eighty five (85) feet in height containing not less than two
hundred thousand (200,000) square feet of gross floor area for the purposes set forth in
Section 200-18, item (35).
LARGE TRACT DEVELOPMENT LOT: A parcel of land including ninety (90) or more
acres under common ownership.
LOT: A single tract of land in identical ownership throughout with definite boundaries
ascertainable through a recorded plan or deed.
LOT COVERAGE: The area of a lot covered by all structures, areas used by vehicular
traffic and parking, including driveways, loading bays and maneuvering aisles, whether
paved, unpaved or graveled, and of all impermeable areas such as paved walkways or
outdoor storage areas, but not including gravel walkways or pedestrian areas not adjacent to
parking lots or buildings. Areas not included in "lot coverage" shall be landscaped areas.
For purpose of lots exclusively in residential use, "lot coverage" shall not include any
outdoor recreational facility for the tenants, such as but not limited to a swimming pool,
tennis court, garden shed, patio or similar facility.
LOT LINE: The established division line between lots or between a lot and a street.
LOT LINE, FRONT: All dividing lines between a street and the lot shall be considered
"front lot lines".
LOT LINE, REAR: The line or lines bounding a lot at the rear and approximately parallel
to and at the maximum distance from the front lot line.
LOT LINE, SIDE: The line or lines bounding a lot which extend from the street toward the
rear in a direction approximately perpendicular to the street. In the case of corner lots or
through lots, all lines extending from streets shall be considered "side lot lines".
MOBILE HOME: Any vehicle or object, whether resting on wheels, jacks or other
foundation and having no motive power of its own, but which is drawn by or used in
connection with a motor vehicle and which is so designed and constructed as a dwelling unit
which permits its transportation and relocation as a complete unit on its own wheels. It shall
contain complete electrical, plumbing and sanitary facilities and shall be installed on a
permanent foundation for permanent living quarters. This shall not include the type of
vehicle known as a "travel trailer" or "travel coach," nor shall it include any other
prefabricated dwelling unit which contains detachable parts equal to or greater than fifty
(50) percent of the floor area of the total dwelling unit.
MOBILE HOME PARK: A lot under single ownership which has been planned and
improved for the placement of mobile homes for non-transient use.
MOTOR VEHICLE TRIP: Use of one (1) motor vehicle by one (1) or more persons which
either begins or ends (regardless of the duration of parking or standing) on a lot or at a use or
establishment.
MULTIFAMILY DWELLING: A dwelling, including single-family attached units,
designed for or occupied by three (3) or more families.
NIH GUIDELINES: The following: Guidelines for Research Involving Recombinant DNA
Molecules promulgated by the National Institutes of Health (NIH) of the United States
Department of Health and Human Services and published in the Federal Register, Vol. 51,
No. 88, on May 7, 1986, as may be amended by the NIH.
NONCONFORMING USE: The use of any building or land lawfully occupied at the time
of the passage of this Chapter, which does not conform to the regulations of the district in
which it is located.
OPEN SPACE DEVELOPMENT: A development permitted under the Section of the
Zoning Ordinance entitled "Open Space Developments, Sec. 200-28", and consisting of
residential lots in which the houses are in one or more groups on the site, separated from
each other and from adjacent properties by permanently protected open space.
PLANTING AREA: The part or parts of a lot developed and permanently maintained in
plant materials, which space is open to the sky and is free of all vehicular traffic, parking,
loading and outdoor storage.
POULTRY FARM: A farm with a flock of more than fifty (50) birds.
PROJECT: Same as DEVELOPMENT.
RDNA: See DNA and RECOMBINANT DNA.
RECOMBINANT DNA, RDNA, RECOMBINANT DNA MOLECULES
Either:
(1) Molecules which are constructed outside living cells by joining natural or synthetic DNA segments to DNA molecules described in Subsection (1) above.
(2) DNA molecules which result from the replication of a molecule described in Subsection (1) above.
RETAIL LOT: A parcel of land comprising a single lot or contiguous lots not separated by a public way, which parcel is adjacent to a Development Lot on which a Shopping Mall is located. All of such parcel shall be within 3,000 (three thousand) feet of the Development Lot on which such Shopping Mall is located.
RETIREMENT COMMUNITY: A community consisting of a structure or structures
constructed expressly for use as housing for persons aged fifty-five or over, on one parcel or
on contiguous parcels of land, totaling at least fifteen (15) acres, all as further defined in
MGL Chapter 151B Section 7.
ROOMER: See BOARDER or LODGER.
ROOMING HOUSE: See BOARDING or LODGING HOUSE.
ROOMING UNIT: See BOARDING or LODGING UNIT.
SEMIDETACHED DWELLING: A building that has two (2) single-family dwelling units
placed side by side and separated by a solid party wall from basement floor to roof boards.
SETBACK: The minimum horizontal distance between the street or way line and the line of
the building.
SHOPPING MALL: A concentration of retail stores and service establishments, including,
without limitation, one or more restaurants, movie theaters, and such other uses customarily
found in a regional Shopping Mall, within an enclosed structure (which may consist of
several buildings) containing not less than 250,000 square feet of gross floor area and
located on a development lot of no less than twenty (20) acres, with a unified approach to
ingress and egress, parking, truck loading, vehicular entrances and exits, drainage and
utilities. Utility buildings and structures serving the Shopping Mall may be located outside
of the enclosed structure.
SINGLE-FAMILY DWELLING: A detached dwelling unit, other than a mobile home,
designed for or occupied by not more than one (1) family.
SINGLE FAMILY ZERO LOT LINE DWELLING: A single family dwelling where a side
yard need not be provided on that side of the dwelling that shares a party wall or double wall
with an adjacent dwelling.
STORY: That part of a building between any floor and the floor or roof next above. In the
case of the top floor, the area may meet the definition of a "half story" as indicated in this
Section. In the case where a building is not divided into stories, a "story" shall be
considered fifteen (15) feet in height. Steeples, cupolas, stage lofts, mechanical equipment,
etc., shall not be considered as additional "stories." A basement or cellar, the ceiling of
which extends more than six (6) feet above the adjacent average finished grade, shall be
considered a "story" within the meaning of this Chapter.
STORY, FIRST: The lowest story, the ceiling of which is six (6) feet or more above the
level of the adjacent average finished grade. In determining the height of any building by
stories, the stories thereof beginning with such "first story" shall be numbered upward.
STORY, HALF: That part of a building under a sloping roof in which the intersection of
the bottom of the rafters with the interior faces of the outside walls is six (6) feet or less on
average above the floor level.
STRUCTURE: Anything constructed or erected which requires location on the ground, or
is attached to something having location on the ground, including signs and billboards over
twelve (12) square feet in area, but not including fences.
TOURIST HOME: Home providing "bed and breakfast" as commonly used in the tourist
industry.
TOWER: Any equipment mounting structure that is used primarily to support reception or
transmission equipment and that measures twelve (12) feet or more in its longest vertical
dimension. The term "Tower" includes, but is not limited to, monopole and lattice towers.
TWO-FAMILY HOUSE: A dwelling designed for, or occupied by two (2) families with
two (2), but not more than two (2), separate housekeeping units.
WIRELESS COMMUNICATION FACILITIES: Any and all materials, equipment, storage
structures, towers, dishes and antennas, other than customer premises equipment, used by a
commercial telecommunications carrier to provide telecommunications services. This
definition does not include facilities used by a federally-licensed amateur radio operator, or
facilities which are accessory to the use of a business or building and are for the exclusive
use of the owner of the building or the tenant.
YARD: An unoccupied space, open to the sky, on the same lot with the building or
structure.
YARD, FRONT: A yard extending across the full width of the lot and lying between the
front line of the lot and the nearest line of the principal building or structure.
YARD, REAR: A yard extending across the full width of the lot and lying between the rear
lot line of the lot and the nearest line of the principal building or structure.
YARD, SIDE: A yard extending between the side lot line of the lot and the nearest line of
the principal building or structure and then extending from the front yard to the rear yard, or
in the absence of either of such yards, to the front or rear lot lines.
200-06. Reserved.
| 
