This zoning chapter is adopted pursuant to the
provisions of MGL c. 40A.
The purpose of this chapter is to promote the
health, convenience, safety and welfare of the inhabitants and to
accomplish all other objects of zoning as set forth in Section 2A
of Chapter 808 of the Acts of 1975.
Unless a contrary intention clearly appears,
the provisions of this chapter shall be construed as a continuation
of the provisions of the Town of Dover Zoning Bylaw originally adopted
December 5, 1933, as subsequently amended.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision hereof.
[Amended ATM 5-1-1989 by Art. 32; ATM 5-4-1992 by Art. 35; ATM 5-5-1997 by Art. 27; STM 10-27-1997 by
Art. 1; ATM 5-6-2013 by Art. 18; ATM 5-12-2014 by Art. 17; 5-2-2022
ATM by Art. 22]
A.
For the purpose of this chapter, certain terms and words shall have
the meanings given herein. Words used in the present tense include
the future. The singular number includes the plural, and 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." The word
"shall" is always mandatory and not merely directory.
B.
Terms and words not defined herein but defined in the Commonwealth
of Massachusetts State Building Code shall have the meanings given
therein unless a contrary intention clearly appears. Words not defined
in either place shall have the meaning given in Webster's Unabridged
Dictionary, Eleventh Edition. Uses listed in the Table of Use Regulations
under the classes "Commercial/Business" and "Wholesale and Manufacturing"
shall be further defined by the Standard Industrial Classification
Manual published by the U.S. Bureau of the Census.
C.
ACCESSORY DWELLING UNIT (ADU)
AVERAGE FINISHED GRADE
BUILDING
BUILDING HEIGHT
BUSINESS OR PROFESSIONAL OFFICES
CRAFT RETAIL AND PRODUCTION SHOP
CUSTOMARY HOME OCCUPATION
(1)
(2)
(3)
(4)
(5)
DRIVEWAY
DWELLING UNIT
FINISHED AREA
FORMULA BUSINESS
(1)
(2)
(3)
FOUNDATION
FRONTAGE
GROSS FLOOR AREA
HALF STORY
HISTORIC
(1)
(2)
(3)
LOT
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
MEDICAL PROFESSIONAL OFFICES
PARKING SPACE
PERFECT SQUARE
PREXISTING NONCONFORMING BUILDING OR LOT
PREXISTING NONCONFORMING USE
PRIVATELY OWNED WASTEWATER TREATMENT FACILITY
RETAIL OR SERVICE ESTABLISHMENT
SETBACK
SHORT-TERM RENTAL
SPECIAL PERMIT GRANTING AUTHORITY
STREET
STRUCTURES
SUBDIVISION
USE
USE, ACCESSORY
(1)
(2)
(3)
(4)
WINDMILLS
As used in this chapter, the following terms shall have the meaning
indicated:
A residential living unit that is within or attached to a
single-family dwelling, or within a detached structure on the same
lot as a single-family dwelling, and that provides independent living
facilities for one or more persons, including provisions for sleeping,
eating, cooking, and sanitation on the same parcel of land as the
principal dwelling it accompanies.
[Added 5-1-2023 ATM by Art. 19[1]]
The average of the final ground surface after development.
A combination of materials having a roof and forming a shelter
for persons, animals or property. The word "building" shall be construed,
where the context allows, as though followed by the words "or part
thereof."
The vertical distance between the top of the foundation at
average finished grade and the highest ridge point on the building.
A building or part thereof, or a lot or part thereof, used
for offices for the transaction of business or the provision of services,
exclusive of the receipt, sale, storage, or processing of merchandise.
Includes professional offices for financial, legal, architectural,
engineering, and other similar uses rendered by members of recognized
professions and support staff.
A type of retail or consumer service establishment whose
principal use is the sale of consumer goods that are manufactured,
produced or assembled for sale on the premises for use by consumers
off the premises (although such goods may additionally be distributed
at wholesale), provided that all manufacturing, production, assembly,
packaging, display, and sales activities are conducted within a building
and do not occupy more than 7,500 square feet of gross floor area.
An occupation conducted in a dwelling or building accessory
thereto by a person residing on the premises, provided that:
Such use is clearly incidental and secondary to the use of the
premises for residential purposes.
Not more than 1 person other than residents of the premises
is regularly employed thereon in connection with such use.
No offensive noise, vibration, smoke, dust, odors, heat, glare
or unsightliness is produced.
There is no public display of goods or wares and there are no signs except as permitted in § 185-35.
There is no exterior storage of material or equipment, including
the parking of more than one commercial vehicle; no other exterior
indication of such use; and no violation of the residential character
of the premises.
An open space, located on a private lot, which is constructed
of impervious and semi-impervious materials (asphalt, concrete, paving
stones, gravel, etc.) for access to a private garage or off-street
parking space.
One or more living or sleeping rooms arranged for the use
of one or more individuals living as a single housekeeping unit with
cooking, living, sanitary and sleeping facilities.
The area of a structure with enclosed walls, floors, or ceilings
of materials generally accepted for interior residential construction
(e.g., windows, sheetrock, plaster, insulated walls, flooring, etc.)
and is climate controlled, exclusive of storage and mechanical areas.
An individual retail or consumer service establishment that
is required by virtue of a contract, franchise agreement, ownership
or other similar legal obligation to conform or substantially conform
to a set of common design and operating features that serve to identify
the establishment as one of a group of establishments for business,
marketing and public relations purposes. Specifically, an establishment
shall be considered a formula business if it shares at least two (2)
of the following three (3) characteristics with ten (10) or more other
establishments in Massachusetts or with twenty (20) or more other
establishments in the United States.
Trademark, service mark or logo, defined as a word, phrase,
symbol, or design or combination thereof that identifies and distinguishes
the source of the goods or services from others;
Standardized building architecture, including but not limited
to facade design and signage;
Standardized color scheme used throughout the exterior of the
establishment, including color associated with signs and logos.
The lower portion of building structure that transfers its
gravity loads to the earth.
The length along a street right-of-way line on which a lot
bounds. No lot shall be narrower than its minimum required frontage
between such right-of-way line and the required perfect square.
The sum of the finished areas of all floors, as measured
in square feet, of a building measured from the outside of all exterior
walls.
A story in a sloping roof, the area of which at a height
4 feet above the floor does not exceed 2/3 the floor area of the story
immediately below it.
Any building which was wholly or in part constructed during
or before 1929 and which is:
Importantly associated with 1 or more historic persons or events
or with the architectural, cultural, political, economic or social
history of the Town of Dover or the Commonwealth of Massachusetts;
Historically or architecturally important by reason of period,
style, method of construction or association with a particular architect
or builder, either by itself or in the context of a group of buildings
or structures; or
Listed on or within an area listed on the National Register
of Historic Places or the State Register of Historic Places, or pending
listing on such registers.
An area of land in one ownership, whether by 1 or more than
1 owner, with definite boundaries ascertainable by recorded deed or
plan.
A line separating a lot from a street.
A line separating a lot from other lots or from land in a
different ownership, being the boundary of a lot which is opposite
or approximately opposite the front lot line. Where, because of irregular
lot shape, the Building Inspector and the lot owner cannot agree as
to whether a lot line is a side or a rear line, it shall be considered
a rear line.
A line separating a lot from other lots or from land in a
different ownership and which is not a front or a rear lot line.
Medical and dental clinics, labs, or other similar facilities,
excluding veterinary care.
An off-street space having dimensions of not less than nine
feet by 18 feet plus access and maneuvering space, for exclusive use
as a parking stall for one motor vehicle, whether inside or outside
a structure.
A square, the dimensions of which are set out in the Schedule
of Dimensional Requirements for each zoning district, which must fit
entirely within a lot.
A building or lot that does not conform to a dimensional
regulation prescribed by this bylaw for the district in which it is
located or to regulations for signs, off-street parking, off-street
loading, or accessory buildings but which building or lot was in existence
at the time the regulation became effective and was lawful at the
time it was established.
A use of a building or lot that does not conform to a use
regulation prescribed by this bylaw for the district in which it is
located, but which was in existence at the time the use regulation
became effective and was lawful at the time it was established.
Any wastewater treatment plant and its associated infrastructure,
including, but not limited to, pumping stations, wastewater treatment
plants, all wastewater treatment operations, sewage treatment, disinfection,
advanced water treatment, wastewater recycling and reuse and discharge
systems which serve primarily for the collection, treatment and discharge
of wastewater owned, operated and managed by an entity other than
the Town of Dover or other government agency.
A building or part thereof, or a lot, or part thereof, that
is used for a store or shopping center selling finished retail goods
or providing personal services such as salons, barber shops, dry cleaners,
self-service or no-service kiosks or similar facilities, housekeeping
and domestic animal care, photographer, gyms and fitness studios,
and other similar uses, exclusive of formula businesses.
The distance between the closest point of a structure to
the nearest lot line.
A housing unit, or portion thereof, available for occupancy
for less than thirty (30) consecutive days and subject to room occupancy
excise tax.
The authority empowered to grant special permits, which shall
be the Board of Appeals unless some other board is so designated in
this chapter.
A public or private way, alley, lane, court, or sidewalk
which is open or dedicated to public use.
A combination of materials, other than a building, except
windmills. For windmills, a "structure" is defined as the supporting
tower, pole or base upon which are mounted all rotating machinery
and airfoil blades.
The division of a tract of land into two or more lots and
shall include resubdivision, and, when appropriate to the context,
shall relate to the process of subdivision or the land or territory
subdivided; provided, however, that the division of a tract of land
into two or more lots shall not be deemed to constitute a subdivision
within the meaning of the Subdivision Control Law if, at the time
when it is made, every lot within the tract so divided has frontage
on (a) a public way or a way which the clerk of the city or town certifies
is maintained and used as a public way, or (b) a way shown on a plan
theretofore approved and endorsed in accordance with the Subdivision
Control Law, or (c) a way in existence when the Subdivision Control
Law became effective in the city or town in which the land lies, having,
in the opinion of the Planning Board, sufficient width, suitable grades
and adequate construction to provide for the needs of vehicular traffic
in relation to the proposed use of the land abutting thereon or served
thereby, and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon. Such frontage
shall be of at least such distance as is then required by zoning or
other ordinance or bylaw, if any, of said city or town for erection
of a building on such lot, and if no distance is so required, such
frontage shall be of at least twenty feet. Conveyances or other instruments
adding to, taking away from, or changing the size and shape of, lots
in such a manner as not to leave any lot so affected without the frontage
above set forth, or the division of a tract of land on which two or
more buildings were standing when the Subdivision Control Law went
into effect in the city or town in which the land lies into separate
lots on each of which one of such buildings remains standing, shall
not constitute a subdivision.
The purpose for which land or a building is arranged, designed,
or intended, or for which either land or a building is or may be occupied
or maintained.
An accessory use or building is a use of land or building
customarily incident to and located on the same premises with the
use or building to which it is accessory, but shall not include:
Use of the premises to keep thereon more than 1 commercial vehicle,
except in the case of a farm;
The sale of produce other than produce raised on the premises;
The taking of more than 4 lodgers;
Any use, except signs, located upon that half of the lot nearest
the front lot line(s), unless it is either 50 feet from the nearest
street or in the same building to which the use is accessory.
A mechanical or electromechanical wind energy converting
system (WECS), including the supporting structure and any energy transmitting
conduit or shaft; includes both horizontal and vertical axis systems.
[1]
Editor's Note: This article also repealed the former definition
of "accessory department," which immediately preceded this definition.
