[Added 4-4-1989 STM by
Art. 11; amended 6-18-1990 STM
by Arts. 2, 9, 15; 4-25-1994 ATM
by Art. 28; 3-10-1997 STM by Arts.
S8, S9, S10, S17; 4-26-1999 ATM
by Arts. 19, 21; 10-25-1999 STM
by Art. S3; 11-13-2000 STM by
Art. S1; 4-22-2002 ATM by Art.
21; 4-29-2003 STM by Art. S3]
In this bylaw, certain terms and words, unless a contrary meaning
is required by the context, or is specifically prescribed, shall have
the meanings given herein. Words applying to the masculine gender
shall apply to the feminine gender. Words used in the present tense
include the future. The words "used" and "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. The
word "constructed" shall include the words "built," "enlarged," "erected,"
"altered," "moved" and "placed." The word "person" includes a corporation
or partnership, as well as an individual. Terms used in this bylaw
shall have the same meanings as ascribed to them in the building code
unless the context of usage in this bylaw clearly indicates another
meaning.
As used in this bylaw, the following terms shall have the meanings
indicated:
A separate, complete dwelling unit which is:
See "structure, accessory."
See "use, accessory."
The area of land to be equal to 43,560 square feet, as measured
by acceptable surveying practices.
An establishment having as 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
c. 272, § 31.
A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features persons or entertainers
who appear in a state of nudity, or live performances which are distinguished
or characterized by nudity, sexual conduct or sexual excitement as
defined in MGL c. 272, § 31.
A facility, whether principal or accessory, providing nonresidential
day care to adults over the age of 16. Not more than 15 such persons
shall be served at an accessory facility.
An enclosed building or any portion thereof used for presenting
material (motion-picture films, videocassettes, cable television,
slides or any other such visual media) distinguished by an emphasis
on matter depicting, describing, or relating to sexual conduct or
sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devices, object, 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 bookstores, adult cabarets, adult motion-picture theaters,
adult paraphernalia stores, and adult video stores as defined herein.
An establishment having as a substantial or significant portion
of its stock-in-trade for sale or rent motion-picture films, videocassettes,
DVDs, and similar audio/visual media, which are distinguished or characterized
by their association with sexual activity, including sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
Any construction, reconstruction or other action resulting
in a change of the structural parts or height, number of stories,
size, use or location of a building or other structure.
A structure or structures containing dwelling units for persons
in need of assistance with activities of daily living, as defined
and regulated by Chapter 19D of the General Laws.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted in determining the floor area of a building.
A private owner-occupied residence in which lodging and the
breakfast meal are offered to transients for a fee.
A facility where tattoos, body piercing or other forms of
body decoration are provided for a fee or for any other type of compensation.
An area within a site which is adjacent to or parallel with
the property line, consisting of a continuous strip, except required
vehicle or pedestrian access points, of existing vegetation or of
vegetation created by the use of trees or shrubs, designed to minimize
intrusion of dirt, dust, litter, noise, glare from motor vehicle headlights,
artificial lights (including ambient glare), or view of signs, unsightly
buildings or parking lots.
A structure, or portion thereof, either temporary or permanent, having a roof or other covering forming a structure for the shelter of persons, animals and property of any kind; no trailer or mobile home shall be used as a building, except as permitted by § 230-6.7 of this chapter and MGL c. 40A, § 3.
The State Building Code of the Commonwealth of Massachusetts,
as the same may be amended from time to time.
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.
See "use, change of." See also § 230-9.1.
A day-care center or school-age child care program, as those
terms are defined in MGL c. 15D, § 1A.
Buildings, structures and premises used by a nonprofit social
or civic organization as defined by MGL c. 180 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 occurring in said building or structures
or on said premises, except as may be required generally for the membership
and purposes of such organization. (See § 230-4.2D, Recreational
Uses.)
A facility on a parcel with less than five acres for retail
sale of plants and related products which are raised on and/or off
the premises.
A structure for recreational, social or amusement purposes,
including all connected rooms or space with a common means of egress
and entrance, which may include as an accessory use the consumption
of food and drink. Indoor commercial recreation shall include theaters,
concert halls, dance halls, skating rinks, bowling alleys, health
clubs, dance studies, or other commercial recreational centers conducted
for or not for profit.
A lot or combination of lots used for recreational, social,
or amusement activities. This definition shall include: drive-in theater,
golf course/driving range, bathing beach, sports club, horseback riding
stable, boathouse, game preserve, marina or other commercial recreation
carried on in whole or in part outdoors, except those activities more
specifically designated in this bylaw. (See § 230-4.2D,
Recreational Uses.)
A parcel or parcels of land or an area of water, or a combination
of land and water within the site designated and intended for the
use and enjoyment of residents. Common open space may contain such
complementary structures and improvements as are necessary and appropriate
for the benefit and enjoyment of residents.
An option as defined in Article X of the Marion Zoning Bylaw, which permits an applicant to build single-family dwellings with reduced lot area and frontage requirements designed to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent open land.
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies, and
parking of wheeled equipment. (See § 230-4.2K, Miscellaneous
Commercial Uses.)
Any facilities (including without limitation a hot plate,
microwave or portable oven, but not including an outdoor grill) which
permit the occupant to prepare meals in the building on a regular
basis.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials (US Code of Federal Regulations,
Title 44, Part 59).
[Added 5-10-2021 ATM by Art. 41]
Any window or similar feature at a facility, except restaurants,
designed to serve persons while situated in a motor vehicle.
An improved access (other than a street) connecting between
a way or a street and one or more parking or loading spaces.
A building or part thereof designed, erected and used for
continuous and permanent habitation for one or more families or individuals.
A dwelling does not include a vessel.
A portion of a building occupied or suitable for occupancy
as a residence and arranged for use of one or more individuals living
as a single housekeeping unit with its own cooking, living, sanitary,
and sleeping facilities, but not including trailers or mobile homes,
however mounted, or commercial accommodations offered for periodic
occupancy.
See "use, educational."
A concise report which accomplishes the following: evaluates
the positive and negative, and direct and indirect impact of a development
project on the natural and man-made environment; and proposes reasonable
measures to mitigate impacts.
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.
Any private residence operating a facility as defined in
MGL c. 28A, § 9. (See § 230-4.2M, Accessory Uses.)
The Federal Emergency Management Agency of the United States
Government. This agency administers the National Flood Insurance Program
and the Flood Insurance Rate Maps.
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
[Added 5-10-2021 ATM by Art. 41]
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E (US
Code of Federal Regulations, Title 44, Part 59).
[Added 5-10-2021 ATM by Art. 41]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height (Base Code, Chapter 2, Section 202[1]).
[Added 5-10-2021 ATM by Art. 41]
The ratio of the gross floor area of the building or buildings
on one lot to the total area of the lot.
A substance that produces useful energy when it undergoes
a chemical reaction. For example, coal, wood, gas, or natural gas.
A fraction obtained from petroleum distillation, either as
distillate or a residue and burned in a furnace or boiler for the
generation of heat or used in an engine for the generation of power.
For example, heavy oil, marine fuel or fuel oil.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities (US Code of Federal Regulations,
Title 44, Part 59; also Referenced Standard ASCE 24-14).
[Added 5-10-2021 ATM by Art. 41]
A facility providing general services such as appliance or
equipment repairs, furniture or upholstery repairs, and offices for
trades or crafts, but excluding motor vehicle services of any kind.
The sum of the horizontal areas of the floors of a building
or several buildings on the same lot measured from the exterior face
of exterior walls, or from the center line of the wall separating
two buildings, not including any space where the floor-to-ceiling
height is less than seven feet three inches.
Water beneath the surface of the ground whether or not flowing
through known and definite channels.
That portion of the drainage basin where water enters the
saturated zone and the net flow of groundwater is directed from the
saturated area to an aquifer.
A material which is hazardous to human health or to the environment,
as defined by 310 CMR 40 (Massachusetts Contingency Plan) subpart
P: Massachusetts Oil and Hazardous Material List and 301 CMR 41 (Toxic
and Hazardous Substance List).
[Amended 7-20-2020 ATM by Art. 50]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure (US Code
of Federal Regulations, Title 44, Part 59).
[Added 5-10-2021 ATM by Art. 41]
Any structure that is:
[Added 5-10-2021 ATM by Art. 41]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An accessory use of a dwelling for customary craft occupations
conducted by a resident occupant, or for the practice by a resident
of a recognized profession or trade.
A corporation or trust owned or to be owned by the owners
of lots or residential units within a site approved for a conservation
subdivision or open space development, which entity shall hold the
title to open land and which is responsible for the costs and maintenance
of said open land and any other facilities to be held in common.
Housing for people of low or moderate income which is constructed,
rehabilitated, remodeled and sold, leased or rented by the Town of
Marion, a local housing commission or authority, or by any other public
agency, nonprofit corporation, limited-dividend corporation or partnership
or cooperative, the construction, remodeling, financing, sale, lease
or rental of which housing is regulated and financially assisted by
agencies of the government of the United States or the Commonwealth
of Massachusetts under programs the purpose of which is to provide
housing for people of low or moderate income. For the purposes of
this definition, the terms "low income," "moderate income" and "limited
income" shall have the meanings defined in the programs or laws administered
by such agencies.
A surface which has been compacted or covered with a layer
of material so that it is, or may become, highly resistant to infiltration
by water. Semi-impervious surfaces such as compacted clay, gravel
and other materials which may become compacted over time, as well
as most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures and materials, shall be considered
to be impervious.
Fabrication, assembly, processing, finishing work or packaging.
A single area of land in one ownership throughout defined
by metes and bounds or boundary lines as shown in a recorded deed
or on a recorded plan.
The horizontal area of the lot, exclusive of any area in
a public or private way open to public usage.
That boundary of a lot coinciding with the street line, being
an unbroken distance along a way currently maintained by the Town,
county, state, or along ways shown on the definitive plans of approved
subdivisions, through which actual access to the potential building
site shall be required. Lot frontage shall be measured continuously
along one street line between side lot lines, or, in the case of corner
lots, between one side lot line and the midpoint of the corner.
That property line which establishes frontage on a way.
That property line which is farthest from and most nearly
parallel to the front lot line. All other lot lines are side lot lines.
Triangular and irregularly shaped lot lines may have no rear lot line.
Any lot line not defined as a front or rear lot line.
Any commercial use or combination of commercial uses set
forth in the Table of Principal Uses under the heading "G. Retail
Uses" with a gross floor area of more than 5,000 square feet.[2]
A facility which provides dockage or berthing for more than
five vessels and may also provide facilities for the servicing of
vessels. Dockominiums, where the berths are individually owned, shall
be included with the definition of a marina.
All waters within the geographic bounds of the Town of Marion,
including ocean waters along the coastal bounds of the Town.
Includes the gross ground floor area of all buildings and
all impervious surfaces.
The line where the arithmetic mean of the high water heights
observed over a specific nineteen-year metonic cycle (the National
Tidal Datum Epoch) meets the shore and shall be determined using hydrographic
survey data of the National Ocean Survey of the U.S. Department of
Commerce.
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
An establishment, garage or work area enclosed within a building
where repairs are made or caused to be made to motor vehicle bodies,
including fenders, bumpers and similar components of motor vehicle
bodies. Such establishment does not include the storage of vehicles
for the cannibalization of parts.
Premises for the servicing and repair of autos, but not to
include retail fuel sales. Such premises do not include establishments
for motor vehicle body repair or motor vehicle junkyards or graveyards.
(See § 230-4.2I, Motor Vehicle Related Uses.)
The use of any area or any lot, whether inside or outside
of a building, for the storage, keeping, or abandonment of junk, scrap
or discarded materials, or the dismantling, demolition, or abandonment
of automobiles, other vehicles, machinery, or parts thereof.
Premises designed for the supplying of motor vehicle fuel,
and which may also provide oil, lubrication, or minor repair services.
Washing shall be permitted only as an incidental or subordinate use.
Not included in this definition are services designed for automobile
body repair, painting or major vehicle repair. (See § 230-4.2I,
Motor Vehicle Related Uses.)
Two or more dwelling units on a single lot, including any
mix of single-family, two-family, or multifamily structures, whether
or not attached, and regardless of form of tenure.
Facilities owned or operated by the Town of Marion or facilities
licensed by the Town to other entities.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement (Referenced Standard ASCE 24-14).
[Added 5-10-2021 ATM by Art. 41]
Facility for the sale of produce, wine, other edible farm
products, flowers, fireplace wood, preserves, dairy and similar products
on property not exempted by MGL c. 40A, § 3. The footprint
of such facility shall be less than 100 square feet for the sale of
produce, flowers and firewood.
A facility on a parcel with less than five acres for retail
sale of trees, shrubs, plants and related products which are raised
on and off the premises.
Any building with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire. (See
§ 230-4.2K, Miscellaneous Commercial Uses.)
An area, except for residences, suitable for parking a car,
having adequate access for entry and exit while other adjacent parking
spaces are occupied and one which complies with the standard set forth
in 521 CMR 23.
An area measuring at least nine feet by 18 feet, suitable
for parking a car, having adequate access for entry and exit while
other adjacent parking spaces are occupied and one which complies
with the standard set forth in 521 CMR 23.
A collection of more than four dogs, three months old or
older, owned or kept under a single ownership for private personal
use, providing that selling, trading, bartering or distributing shall
be to other breeders or individuals by private sale and not to brokers,
wholesalers, or pet shops and limited animals bred from personally
owned dogs.
[Amended 7-20-2020 ATM by Art. 50]
A facility providing personal services such as a hair salon,
barber shop, tanning beds, dry cleaning, print shop, photography studio,
and the like.
A pier serving as an accessory to a single-family residence
and which is located on the same lot as the residence.
A pier used exclusively for noncommercial purposes by an
association of boat owners.
A pier available or used for commercial purposes.
A vehicle which is:
[Added 5-10-2021 ATM by Art. 41]
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use (US Code of Federal Regulations, Title 44, Part 59).
See "floodway."
[Added 5-10-2021 ATM by Art. 41]
Buildings, structures or parts thereof constructed, altered
or used for the following purposes: (1) general and technical office,
nonmedical; (2) research laboratory engaged in research, experimental
and testing activities, including but not limited to the fields of
biology, chemistry, electronics, engineering, geology, medicine and
physics, provided that no recombinant DNA research or technology is
involved.
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 areas designated
for dining purposes, which are adjunct to the main indoor restaurant
facility. The term "restaurant" shall not include "fast-food restaurant"
or "drive-in restaurant."
A restaurant or fast-food restaurant with a window designed
to serve people in motor vehicles.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption on or off the premises, with
food ordering at a counter, rather than at a table.
An establishment serving food at tables or at counters in
which more than 50% of the seats are out of doors, such as an open
porch, deck, patio or on the grounds.
A facility selling goods but not specifically listed in § 230-4.2, the Table of Use Regulations, and less than 5,000 square feet of gross floor area.
A dwelling in which the person resident therein provides
sleeping accommodations for not more than four paying guests who are
not provided with meals or individual or shared cooking facilities.
Any temporary or permanent lettering, word, numeral, billboard,
pictorial representation, display, emblem, trademark, device, banner,
pennant, insignia or other figure or similar character, located outdoors,
whether constituting a structure or any part thereof, or attached,
painted on, or in any other manner represented on a building or other
structure, and which is used to announce, direct, attract, advertise
or promote.
Any sign relating to an allowed accessory use of the premises.
A large freestanding, permanent sign which directs attention
to a business, commodity, services or entertainment conducted, sold
or offered elsewhere than upon the premises where the sign is located.
A sign identifying the business, company or agency located
on the premises. An advertising sign used to direct attention to a
product and/or a service or activity not performed on the premises
shall not be considered a business sign; such signs are not allowed
in Marion.
A sign which directs and gives guidance, but does not contain
any advertising.
The area within the shortest line that can be drawn around
the outside perimeter of a sign, including any frame. Structural members
designed for support purposes shall not be included in computing the
sign area if they are not used for advertising purposes.
A sign not supported by a wall nor building and supported
by its own permanent base or foundation on or in the ground.
A sign, not including banners, pennants and the like, which
is not supported by its own permanent base nor foundation in the ground.
A sign which is attached to a building, extends more than
12 inches therefrom and provides necessary clearance for pedestrians
and vehicles.
A sign which is mounted on the roof of a building above the
eave line. The top of the sign may not extend higher than the highest
point of the roof on which it is mounted.
A sign which is attached directly to the wall of a building
and does not extend more than 12 inches therefrom and provides necessary
clearance for pedestrians.
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, Al-30,
A99, AR, AO, AH, V, VO, VE or V1-30 (Base Code, Chapter 2, Section
202[3]).
[Added 5-10-2021 ATM by Art. 41]
The Board of Appeals, Select Board, or the Planning Board
as designated in this bylaw.
[Amended 10-19-2021 STM by Art. 6]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual "start of construction" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building (Base Code, Chapter 2, Section 202[4]).
[Added 5-10-2021 ATM by Art. 41]
A portion of a building between the surface of any floor
and the surface of the floor or ceiling next above it. A half story
is a space under a sloping roof which has the line of intersection
of the roof and wall space not more than three feet above floor level,
in which space the possible floor area with head room of five feet
or less occupies at least 40% of the floor area of the story directly
beneath it.
An improved public way laid out by the Town of Marion, the
Plymouth County Commissioners or the Commonwealth of Massachusetts,
or a way which the Marion Town Clerk certifies is maintained by public
authority as a public way, or a way in existence having, in the opinion
of the Planning Board, sufficient width, suitable grades and adequate
construction to accommodate the vehicular traffic anticipated by reason
of the proposed use of the land abutting thereon or served thereby,
and for the installation of municipal services to serve such land
and buildings erected or to be erected thereon. A way shall not be
a "street" with respect to any lot which does not have appurtenant
to it a recorded right of access to and over such way for vehicular
traffic.
[Amended 5-10-2021 ATM by Art. 41]
A combination of materials to form a construction, including,
among others, buildings, stadiums, tents, reviewing stands, platforms,
stagings, observation towers, water tanks, play towers, swimming pools,
trestles, sheds, shelters, fences over six feet high, display signs,
flagpoles, masts for radio antennas, courts for tennis or similar
games, backstops, backboards. A vessel shall not be considered to
be a structure;
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally above ground,
as well as a manufactured home (US Code of Federal Regulations, Title
44, Part 59).
A use or structure which is subordinate to, customarily incidental
to and located on the same lot as the principal building or use to
which it is accessory.
A structure lawfully existing at the time of this bylaw,
or any subsequent amendment thereto, which does not conform to one
or more provisions of this bylaw.
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR (as amended by MA in 9th Edition
BC).
[Added 5-10-2021 ATM by Art. 41]
An area of land comprising one or more lots for the purposes
of an application under this bylaw.
A use incidental and subordinate to the principal use of
the structure or lot; or a use not the principal use, which is located
on the same lot or in the same structure as the principal use.
Any change in type or class of activity for a nonresidential
lot or building requires site plan review. Examples of types of activity
include, but are not limited to, the following: retail sales, medical
use, food service, office use, manufacturing, distribution, etc. Any
changes within a type or class of use may require site plan review.
There shall be a review if change results in a significant change
in impact on the neighborhood as in the following: pedestrian or vehicular
traffic flow within or to the site, parking requirements, noise, odors,
hours of operation, outdoor lighting, use of outside space for display
of goods. All nonresidential nonconforming uses will require site
plan review.
Use of land or structures for educational purposes on land
owned or leased by the commonwealth or any of its agencies, subdivisions
or bodies politic or by a religious sect or denomination, or by a
nonprofit educational corporation defined in MGL c. 180.
[Added 5-10-2021 ATM by Art. 41]
Shrubs, grass, trees and other forms of growing ground cover,
whether landscaped or naturally occurring.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[5] is presumed to be in violation until such time as that
documentation is provided (US Code of Federal Regulations, Title 44,
Part 59).
[Added 5-10-2021 ATM by Art. 41]
The total volume included between the outer surface of the
outer walls measured from the level of the lowest story to the roof
of the building. Volume will be determined by habitable space. Attics
and uninhabitable basements shall not be calculated as habitable space.
[Added 7-20-2020 ATM by Art. 50]
A building used primarily for the storage of goods and materials,
for distribution, but not for sale on the premises, but excluding
mini or self-storage facilities.
Area characterized by conditions described in MGL c. 131,
§ 40.
The transmission of information over a distance without requiring
wires, cables, or any other electrical conductors.
An open space on a lot not covered by a building or structure.
A yard extending between lot side lines across the lot adjacent
to each street it abuts.
A yard extending between the side lines of a lot adjacent
to the rear line of the lot.
A yard extending along each side line of a lot between front
and rear yards.
