For the purpose of this Bylaw, 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.
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, Third 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. [Amended
4-28-2014 ATM by Art. 33]
The discontinuance of a nonconforming use or 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 furnishing 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 by a conforming
use or building.
One additional dwelling unit (see "dwelling unit" below) contained in a single-family dwelling which complies with the conditions set out in § 300-14.10.
[Amended 4-28-2014 ATM
by Art. 33]
An establishment whose primary purpose is to sell or offer
for sale, but not for resale, tobacco products and tobacco paraphernalia,
and/or any electronic nicotine delivery system, such as e-cigarettes
and vaping products, and in which the entry of minor persons under
the minimum legal sales age is prohibited at all times, and that checks
customer identification for age verification, and is required to have
a valid permit for the retail sale of tobacco and nicotine products
issued by the Medfield Board of Health.
[Added 5-17-2021 ATM
by Art. 24]
See § 300-5.5B(2).
Any construction, reconstruction or other action resulting
in a change in the structural parts or height, number of stories,
size, use or location of a building or other structure.
A registered voter appointed by the Planning Board for a
one-year term ending in April of each year, who may be designated
by the Chairman of the Planning Board to sit on the Board for the
purposes of acting on a special permit application, on the occasion
of the absence, or inability to act, or conflict of interest on the
part of any member of the Planning Board or in the event of a vacancy
on the Board, all as set out in MGL c. 40A, § 9.
A collection of two or more unregistered vehicles on any
lot or parcel under single ownership. In order to be considered unregistered,
vehicles must be of a sort which in their normal use would be required
to be registered by the Registry of Motor Vehicles of the Commonwealth
of Massachusetts.
A private owner-occupied residence with overnight accommodations
for paying guests and a common breakfast area for their use, but with
no cooking facilities in the guest rooms.
The Board of Appeals of the Town of Medfield, Massachusetts.
A landscaped strip to provide a visual barrier.
A combination of any materials, whether portable or fixed,
having a roof, common walls, passageways, areas and serviced by common
utilities and forming a structure for the shelter of persons, animals
or property. For the purposes of this definition, "roof" shall include
an awning or any similar covering, whether or not permanent in nature.
A detached subordinate 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.
Premises owned and operated by a governmental or other chartered
nonprofit organization, including public housing for the elderly,
but not including fraternal, sports or similar membership organizations.
For purposes of interpreting § 300-6.2, Table of Area Regulations, "detention pond" shall mean that portion of such a facility that lies within a line represented by the highest elevation contour that completely encloses the facility.
A premises in which persons while in cars are served, view,
purchase, consume as appropriate: food, movies, goods, materials or
equipment.
An open space, located on a private lot, which is built for
access to a private garage or off-street parking space.
[Amended 4-28-2014 ATM
by Art. 33]
A residential development consisting of three or more dwelling
units on one single contiguous parcel, not necessarily contained in
one building.
[Amended 4-24-2017 ATM
by Art. 43]
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 erection, construction, alteration or maintenance by
public utilities or governmental agencies of underground or overhead
gas, electrical, steam or water transmission or distribution systems,
collection, communication, supply or disposal system, including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar
equipment and accessories in connection therewith, but not including
buildings necessary for the furnishing of adequate service by such
public utilities or governmental agencies for the public health or
safety or general welfare.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit.
A dwelling unit within a single structure for use by a family
member.
See § 300-10.2.
The sum of the areas of the several floors of a building,
measured from the exterior faces of the walls, including basement
areas. It does not include 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 the 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.
The ratio of the net floor area of the principal building
to the total lot area.
A continuous portion of a side line of one street between
the side lines of a lot which provides primary and actual vehicular
and pedestrian access from said street to the principal use of a lot;
said access must also be both objectively safe and practical.
The vertical distance, not to exceed the maximum identified
in the Table of Height and Bulk Regulations,[2] between the highest point of the roof and the average
elevation of the naturally existing grade (the measurements to be
taken around the structure, or at the four corners) prior to any excavation,
leveling, grading, or filling at the building foundation. The maximum
height is exclusive of chimneys, air shafts, ventilators, vents, lightning
rods or similar items which may be of the height required for proper
operation or use. Building height applies to all buildings and/or
structures. The building shall remain in compliance with the height
requirement after final grading.
[Amended 4-27-2015 ATM
by Art. 33]
An accessory use which by custom has been carried on entirely
within and only by the occupants of a dwelling unit, which use is
incidental and subordinate to the dwelling use, and which does not
in any manner change the residential character of the building.
An off-street space used for loading or unloading and which
is not less than 14 feet in width, 45 feet in length and 14 feet in
height and containing not less than 1,300 square feet, including both
access and maneuvering area.
One or more rooms contained in a lodging house 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 a
boarding unit, tourist house unit, or a rooming unit.
An area or parcel of land in the same ownership, or any part thereof designated by its owner or owners as a separate lot, which is bounded by front, side and rear lot lines as defined in this Bylaw. A parcel shall not be designated a lot unless it conforms with the Table of Area Regulations, § 300-6.2. An owner shall retain the right to alienate any parcel or portion of any parcel regardless of whether or not it is a legal lot under this Bylaw. For purposes of this Bylaw, a lot may or may not have boundaries identical with those recorded in the Norfolk County Registry of Deeds.
A lot at the point of intersection and abutting on two or
more intersecting streets, the angle of intersection of the street
lot line, or in case of a curved street extended lot lines, being
not more than 135°.
The minimum length of any line drawn from, and perpendicular
to, the front lot line that is all within the area of the lot. In
the case of a curved front lot line, such line must be perpendicular
to a line tangent to the front lot line at the point that will result
in the minimum length of such a line all within the area of the lot.
Same as "frontage"; provided, however, that on a corner lot
only one street line shall be considered the front line, except in
those cases where the latest deed restrictions specify another line
as the front lot line. The front lot line must be located so as to
be able to provide primary access to the lot.
The lot line opposite the front lot line, except in the case
of a corner lot the owner shall have the option of choosing which
of the two lot lines that are not street lines is to be considered
the rear lot line.
Any lot line not a front or rear lot line.
A lot lawfully existing at the effective date of this Bylaw,
or any amendment thereto, which is not in conformity with all provisions
of this Bylaw.
The percentage of any lot that can be covered by man-made
impervious surfaces such as buildings, structures, accessory buildings
and structures, nonporous paving, or any surface with a percolation
rate slower than 120 minutes per inch.
An interior lot, the front and rear lot lines of which abut
streets; or a corner lot, two opposite lines of which abut streets.
The horizontal distance between the side lot lines as measured
at the required front yard depth, which may or may not coincide with
the actual front setback line.
A nonprofit social, sports or fraternal association or organization
maintaining a building or facilities which are used exclusively by
members and their guests and which may or may not contain bar facilities.
The use of any building, facility, or area owned or leased
and operated by the Town of Medfield for the general use and welfare
of the Town, its inhabitants or businesses located within the Town.
These shall include swales, ditches, or other man-made improvements designed to direct the flow of and/or carry water, which are not covered at ground level. For purposes of interpreting § 300-6.2, Table of Area Regulations, "open drainage structure" shall mean that portion of such a facility that lies within a line represented by the highest elevation contour that completely encloses the facility, or in the case where the facility flows into a detention pond, retention pond, or other area of generally lower elevation, the highest elevation contour that completely encloses the facility except at its intersection with another component of the overall drainage system or at the terminus of such drainage structure.
A residential development in which the buildings and accessory
uses are clustered together into one or more groups separated from
adjacent property and other groups within the development by intervening
open land.
The duly authorized agent, attorney, purchaser, devisee,
trustee or any person having vested or equitable interest in the use,
structure or lot in question.
An off-street space having dimensions of not less than nine
feet six inches 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 Table
of Area Regulations for each zoning district,[3] which must fit entirely within a lot and one side of which
must coincide with or be tangent to or touch on two points on the
front lot line.
The word "person" shall include one or more individuals,
a partnership, an association and a corporation.
Recorded in the Norfolk Registry of Deeds or registered in
the Norfolk Registry District of the Land Court.
Swimming pools, tennis courts, basketball courts, or similar
type residential accessory structures together with any fencing.
Any area situated within a district zoned primarily for residential
purposes under the Zoning Bylaw. It includes RE, RT, RS and RU.
For purposes of interpreting § 300-6.2, Table of Area Regulations, "retention pond" shall mean that portion of such a facility that lies within a line represented by the highest elevation contour that completely encloses the facility.
Any letters, pictorial representations, symbol, flag, emblem
or animated device displayed in any manner whatsoever, which directs
attention of persons off the premises on which the sign is displayed
to any object, subject, place, person, activity, product, service,
institution, organization or business. (For the purposes of this code,
American flags and directional or traffic signs and signals erected
or adopted by governments or their agencies are not included in this
definition.)
Any billboard, sign or other advertising device that advertises,
calls attention to, or indicates the person occupying the premises
on which the sign is erected or the business transacted thereon, or
advertises the property itself or any part thereof as for sale or
to let, and which contains no other advertising matter.
A sign used to direct attention to a service, sale or other
activity not performed on the same premises upon which the sign is
located.
A sign on or attached to a temporary retractable shelter
that is supported entirely from the exterior wall of a building.
A special type of parallel sign. It is a horizontal band,
integral to the building facade, and runs the full length of the building,
exclusive of structural or other interruptions.
A sign used to direct attention to a service, product sold
or other activity performed on the same premises upon which the sign
is located.
A sign on or attached to a permanent overhanging shelter
that projects from the face of the building and is supported entirely
or partially by the building.
A sign supported upon the ground and not attached to any
building.
The length in feet of the building side fronting on the street.
Only one building side may be used as sign frontage.
A sign used simply to identify the name, address and title
of an individual family or firm occupying the premises upon which
the sign is located.
Any billboard, sign or other advertising device that does
not come within the foregoing definition of an accessory sign.
A sign advertising activities, goods, products, services,
etc., available elsewhere than within the building or on the lot where
the sign is located.
A sign advertising activities, goods, etc., available within
the building or on the lot where the sign is located.
A wall-mounted sign parallel to the building surface.
A sign at each vehicular entrance to a parking lot or parking
garage.
A wall-mounted sign perpendicular to the building surface.
A sign which advertises a special event, sale or service.
A sign painted or applied to glass doors or windows, or installed
on the interior but visible from the exterior.
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 with the approval of the Board of Appeals or the Planning Board and in accordance with the provisions of Article 14.
The Board of Selectmen for earth removal permits; the Planning
Board for site plan approval for multifamily, business or industrial
buildings constructed or externally enlarged and not otherwise requiring
a special permit; and the Board of Appeals for all other special permits.
That part of a building between any floor and the floor or
roof next above. For the purposes of this Bylaw, where a building
is not divided into stories, a story shall be considered 15 feet in
height. A story shall be at least 50% above grade.
A way which is dedicated or devoted to public use by legal
mapping, by user, or by any other lawful procedure and includes any
avenue, boulevard, parkway, road, land, public square, highway and
similar public way which affords the prescribed means of principal
access to an abutting lot.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, tank, tunnel, tent, stadium, reviewing
stand, platform, bin, fence, sign, flag pole, or swimming pool.
A structure lawfully existing at the effective date of this
Bylaw or any amendment thereto, which is not in conformity with all
provisions of this Bylaw.
Any use which is not permitted either by right, or by special
permit of the Board of Appeals, within the district in which the lot
is located.
Space in a yard or within a setback area on a lot that is
unoccupied by buildings, unobstructed to the sky, not devoted to service
driveways or off-street loading or parking spaces and available to
all occupants of the building on the lot, expressed as a percentage
of gross floor area.
The purpose for which a structure or lot is arranged, designed,
or intended to be used, occupied or maintained.
A use customarily incidental and subordinate to the principal
use of a structure or lot.
A use lawfully existing at the effective date of this Bylaw
or any amendment thereto which is not in conformity with all provisions
of this Bylaw.
The main or primary purpose for which a structure or lot
is designed, arranged, or intended or for which it may be used, occupied
or maintained under this Bylaw. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental
or supplementary thereto and permitted under this Bylaw shall be considered
an accessory use.
Such departure from the terms of this Bylaw as the Board of Appeals, upon appeal in specific areas, is empowered to authorize under the terms of Article 14.
Fresh water wetlands, swamps, bogs, wet meadows, marshes,
streams, rivers or ponds as defined in the Wetland Protection Act,
MGL c. 131, § 40, as amended.
A portion of a lot, other than a court, on the same lot as
the principal building, unobstructed artificially from the ground
to the sky, except as otherwise provided herein.
A space extending for the full width of the lot between the
front line of the nearest building wall and the front lot line.
A space, 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.
An unoccupied space extending for the full length of a building
between the nearest building wall and the side lot line.
Section 808 of the Acts of 1975. See MGL c. 40A and
amendments thereto.
The agent appointed by the Board of Selectmen charged with
the enforcement of the Zoning Bylaw.
[Amended 4-28-2014 ATM
by Art. 33]
[1]
Editor's Note: This section was amended 4-28-2014 ATM by Art.
33 to delete the following definitions: "cluster development"; "permit
granting authority"; "sign, applied"; "sign size"; "sign, special";
"sign, standing"; "sign, surface area of"; "substantially greater
extent"; "Zoning Bylaw"; and "Zoning Enabling Act."
[2]
Editor's Note: The Table of Height and Bulk Regulations is included as an attachment to this chapter.
[3]
Editor's Note: The Table of Area Regulations is included as an attachment to this chapter.
