(See 12/2/69 SS 9.)
For the purpose of this bylaw, certain terms and words shall
have the meaning given herein. Words used in the present tense include
the future. The singular number includes the plural, and the plural
the singular, and words implying the masculine gender shall apply
to the feminine gender. The word "used" or "occupied" includes the
words "designed," "arranged," "intended," or "offered to be used or
occupied." The word "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." For the purpose of this
bylaw the following terms have the meaning intended herein. Terms
not defined in this section but defined in the State Building Code
or the Massachusetts General Laws have the meanings given therein.
A separate dwelling unit within a detached one-family dwelling
to be occupied independently of the principal dwelling unit.[1]
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 dwelling unit that may be either owner-occupied or rented
that is located within a multifamily dwelling or in a building containing
one or more nonresidential uses.
[Amended 11-13-2007 by
Art. 4]
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
[Amended 3-31-2001 by
Art. 16]
The land in the floodplain having a one-percent or greater
chance of flooding in any given year.
[Amended 6-24-1986 by
Art. 39]
A collection of two or more unregistered motor vehicles on
any lot or parcel under single ownership.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
[Amended 6-24-1986 by
Art. 39]
A private owner-occupied house where three or more rooms
are let on a short-term basis not to exceed 90 days and only a continental
breakfast is served.
[Amended 3-28-1998 by
Art. 27]
A private owner-occupied house where two or fewer rooms are
let on a short-term basis not to exceed 90 days and only a continental
breakfast is served. Persons letting rooms in either the Cohasset
bed-and-breakfast establishment or the house would not be relatives
of the homeowner; nor would persons "letting" rooms in either the
establishment or the house be seeking to reside in a dormitory, a
convalescent house, a nursing house, a group house, rest home or any
type of housing which must be licensed or regulated by the Commonwealth
of Massachusetts.[2]
[Amended 3-28-1998 by
Art. 27]
Any structure or portion thereof, either temporary or permanent,
having a roof or other covering forming a structure (including tents
or vehicles located on private property) for the shelter of persons,
animals, or property of any kind.
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.
A driveway having access over legal frontage and serving
more than one lot, all lots served having legal frontage. A common
driveway may not serve as legal frontage.
[Amended 10-10-1989 by
Art. 25]
Premises used for religious, educational, health, or recreational
uses, including public housing for the elderly, and/or premises operated
by a governmental body.
The portion of a lot covered or occupied by buildings.
[Amended 11-17-2003 by
Art. 16]
The portion of a lot covered by any man-made materials that
are impervious to water.
[Amended 4-8-1985 by
Art. 25]
The portion of a lot covered or occupied by buildings or
other structures.
[Amended 4-8-1985 by
Art. 32]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
[Amended 6-24-1986 by
Art. 39]
An open space, located on a private lot, which is not more
than 24 feet in width, built for access to a private garage or off-street
parking space.
Attached dwelling units or buildings designed for or occupied
by two or more families.
[Amended 3-27-2004 by
Art. 10; 4-30-2018 ATM by Art.
19; 5-24-2021 ATM
by Art. 27]
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, transformers,
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, safety, or general welfare.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single housekeeping unit.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food, not cooked to order, directly
to the customer, usually wrapped or bagged, intended for immediate
consumption on or off the premises, and usually requiring ordering
of food at a counter or take-out window and without a waiter or waitress.
[Amended 11-6-1995 by
Art. 49; 5-24-2021 ATM by Art. 23]
A barrier constructed of posts, panels, rails, pickets or
wire. Fence height shall be measured to the top of the panel, exclusive
of posts and caps which may extend up to eight inches above the panel.
[Amended 5-12-2012; 5-21-2012 by Art. 25]
The grade upon completion of construction of a building or
other structure, determined by averaging at least 12 grade measurements
taken at equidistant intervals around the entire perimeter of the
constructed foundation along a continuous line 10 feet distant from
said foundation.
[Amended 5-1-2023 ATM by Art. 21]
The official map on which the Federal Emergency Management
Agency (FEMA) has delineated both areas of special flood hazard and
the risk premium zones applicable to the Town of Cohasset.
[Amended 6-24-1986 by
Art. 39]
See Article 9.
The channel of a river 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
one foot.
[Amended 6-24-1986 by
Art. 39]
Total floor area contained within the exterior walls of a
building including space used for heating and other utilities.
The sum of the areas of the several floors of a building,
measured from the interior faces of the walls. It does not include
cellars, unenclosed porches, attics, 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, if the foregoing are not usable
for human occupancy. Any areas usable for human occupancy are to be
considered a part of the net floor area.
[Amended 10-10-1989 by
Art. 25]
The ratio of the sum of the gross floor area of all buildings
on a lot to the total lot area; provided, however, that for the purposes
of calculating floor area ratio the calculation of gross floor area
shall exclude basements, cellars, attics with ceiling height less
than seven feet, underground parking, and garages, and provided further
that calculation of total lot area shall exclude 50% of land that
is wetlands, water areas, and slopes greater than 45° in accordance
with the Table of Area Regulations, Note 7.[3]
[Amended 11-13-2007 by
Art. 4]
The length of the line dividing a lot from the right-of-way
of the street on which it bounds. This is to be measured at the right-of-way
boundary and not at the center line of the street.
The elevation of the land surface, commonly expressed as
a measurement in relation to sea level.
[Added 5-1-2023 ATM by Art. 21]
An area landscaped with grass, trees, or shrubs and cannot
be built upon, paved, parked upon, or used for vehicular traffic.
[Amended 4-6-1991 by
Art. 48]
Dwelling used only intermittently by personal guests and
family without remuneration.
The vertical distance from the lower of the pre-construction
grade or the finished grade to the highest point of the building roof
or the highest point of any structure other than a building. For purposes
of this definition, the highest point of a building shall be measured
at the roofline and shall not include projections above the roofline
that are not used for human habitation and do not, in the aggregate,
cover more than 5% of the roof area including without limitation chimneys,
antennas, railings and cupolas.
[Amended 4-8-1985 by
Art. 32; 4-22-2013 by Art. 17; 5-1-2023 ATM by Art. 21]
Any activity conducted by the inhabitants of and entirely
within a permitted structure, which use is incidental and subordinate
to the dwelling use, and which does not in any manner change the residential
character of the building or its surrounding lot. Home occupations
in a residential district permitted as of right include that of: physician,
artisan, teacher, day nurse, lawyer, architect, engineer, clergyman,
accountant, osteopath, dentist, tailor, hairdresser, real estate broker,
or similar occupations or professions. Also included are the occupation
of a builder, carpenter, painter, plumber, electrician, mason, sign
painter, or other artisan, or by a tree surgeon, landscaper, or fisherman
for incidental work and storage in connection with his off-premises
occupation.
[Amended 5-12-2012; 5-21-2012 by Art. 24]
Impenetrable by surface water.
[Amended 4-7-1986 by
Art. 39]
A material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
[Amended 3-31-2001 by
Art. 16]
An off-street space used for loading or unloading, and which
is not less than 14 feet in width, 45 feet in length and with overhead
clearance of 14 feet and containing not less than 1,300 square feet,
including both access and maneuvering area.
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 a boarding unit, a tourist house unit,
or a rooming unit.
An area or parcel of land in one ownership defined by metes and bounds or boundary lines in a recorded deed or recorded plan. A parcel shall not be designated a lot unless it conforms with the Table of Area Regulations, § 300-5.3.
[Amended 6-18-1984 by
Art. 6]
A lot at the point of intersection of and abutting on two
or more intersecting streets or ways at the intersection.
The average horizontal distance between the front lot line
and the rear lot line.
The property line dividing a lot from a street. On a corner
lot or through lot only one street line shall be considered the front
line.
The lot line opposite and most distant from the front lot
line. In the case of a triangular or irregular lot or where the most
distant lot line is at an angle in excess of 45° to a straight
line connecting the extreme ends of the front lot line or lines or
touches a front corner, a line 10 feet long within the lot parallel
to the above straight line shall be designated the rear lot line.
In the case of a corner lot or through lot, the rear lot line shall
be the line opposite the street on which the principal building has
frontage.
[Amended 6-18-1986 by
Art. 6]
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.
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 actual front yard depth which may or may not coincide with
the required front setback line. The lot width must be parallel with
the center line of traveled way.
[Amended 11-13-1978 by
Art. 8]
Docks including without limitation, so called dockominiums
and/or mooring facilities that are rented, licensed, or leased on
a short- or long-term basis.
[Amended 12-5-1988 by
Art. 10]
Four and eight-tenths feet above 0.0 datum (mean sea level).
A not-for-profit entity registered under Chapter 369 of the
Acts of 2012 and 105 CMR 725.100 et seq., to be known as a "registered
marijuana dispensary (RMD)," that acquires, cultivates, possesses,
processes (including development of related products such as edible
MIPs, tinctures, aerosols, oils, or ointments), transfers, transports,
sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to
registered qualifying patients or their personal caregivers. Unless
otherwise specified, RMD refers to the site(s) of dispensing, cultivation,
and preparation of marijuana.
[Added 4-28-2014 ATM
by Art. 24[4]]
A nonprofit social, sports, or fraternal entity, 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 removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores or bedrock.
[Amended 3-31-2001 by
Art. 16]
The titleholder, duly authorized agent, attorney, purchaser,
devisee, trustee, or any person having vested or equitable interest
in the use of the structure or lot in question.
An off-street space having an area of not less than 176 square feet plus access and maneuvering space, for exclusive use as a parking stall for one motor vehicle or two motorcycles whether inside or outside a structure. (See Parking Requirements Diagrams, Article 7.)
[Amended 5-12-2012; 5-21-2012 by Art. 23]
Construction elements that extend beyond the building wall surface
no more than two feet, including but not limited to projecting eaves,
chimneys, bay windows (that do not provide additional floor area),
and belt courses, and are no closer to the property line than six
feet.
Unenclosed entry porches, steps, and bulkheads, which do not
project more than six feet beyond the line of the foundation wall,
do not exceed 30 square feet in area, with a landing not over four
feet in height, and are no closer to the property line than six feet.
Includes one or more individuals, a partnership, an association,
or corporation.
Areas of Cohasset which could provide potable water in the
future.
[Amended 3-31-2001 by
Art. 16]
The grade that existed prior to the start of any current
or proposed grading or construction work on the premises, determined
by averaging at least 12 grade measurements taken at equidistant intervals
along the entire perimeter of the structure's proposed foundation.
[Added 5-1-2023 ATM by Art. 21]
A lot, and any building, structures, and uses thereon.
[Amended 5-1-2023 ATM by Art. 21]
A single dock for the private use of the owner of the land
on which it is constructed. Located such that it will not adversely
affect the property of abutters.
[Amended 12-5-1988 by
Art. 10]
Hearings shall be conducted pursuant to Chapter 40A of the
General Laws of the Commonwealth of Massachusetts as amended.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas may include areas designated as Zone
I, Zone II, or Zone III.
[Amended 3-31-2001 by
Art. 16]
Recorded in the Norfolk Registry of Deeds or registered in
the Norfolk Registry District of the Land Court.
A residential area is any area situated within a district
zoned primarily for residential purposes under the Zoning Bylaw. It
includes R-A, R-B, and R-C.
The sum of the total "floor area, gross," as defined herein,
of the finished area of above-grade floors or portions of floors in
an individual dwelling unit, excluding finished areas with ceiling
heights less than seven feet and unfinished areas of attached or detached
garages with access (doors, driveways) for motor vehicles. As used
in this bylaw, the term "finished area" shall mean the heated enclosed
area within a dwelling unit that is suitable for year-round use, embodying
walls, floors, and ceilings that are similar to the rest of the area
within the dwelling unit.
[Amended 5-1-2017 ATM
by Art. 22; 4-30-2018 ATM by Art.
19]
The top of the parapet or the top of the main roof surface,
whichever is higher on a flat roof; the deck line of a mansard roof;
the ridgeline of a hipped, gambrel or pitched roof.
[Added 5-1-2023 ATM by Art. 21]
Any letter, word, numeral, symbol, drawing, picture, flag,
pennant, trademark, emblem, design, device, article, and object that
advertises, calls attention to, or indicates any premises, material,
person, event, or activity, whatever the nature of the material and
manner of composition or construction, not within a building. For
the purpose of this bylaw a double-faced sign will be considered one
sign.
A sign that advertises, calls attention to, identifies, or
indicates the occupant of the premises on which the sign is located,
or the business or activity transacted thereon or a sign that advertises
the premises for sale or lease, and which contains no other advertising
matter of any kind.
[Amended 5-1-2023 ATM by Art. 23[5]]
A sign permanently affixed to the wall of a building, including
flat or projecting wall sign, a canopy, marquee or awning sign, and
a hanging sign.
[Added 5-1-2023 ATM by Art. 23]
A sign using words or symbols to facilitate the direction
of traffic on a premises, such as "one-way," "entrance," or "exit."
[Amended 5-1-2023 ATM by Art. 23]
Any sign erected on or affixed to the land and any and every
exterior sign that is not attached to a building.
[Amended 5-1-2023 ATM by Art. 23]
A sign used to identify the name, address and title of an
individual, family, or entity occupying the premises upon which the
sign is located or identifying a home occupation on a residential
premises.
[Amended 5-1-2023 ATM by Art. 23]
A sign, such as a billboard, that advertises, identifies,
or calls attention to a business, activity, service, or product that
is not conducted, offered, or sold on the premises on which the sign
is located, or a sign that advertises the sale or lease of a premises
other than the one on which the sign is located.
[Amended 4-28-2014 ATM
by Art. 23; 5-1-2023 ATM by Art. 23]
A sign which expresses the view of the owner or occupant
of a premises concerning political, religious, or ideological matters,
or a sign containing any other expression of noncommercial speech
protected by the United States Constitution.
[Amended 3-29-2004 by
Art. 9; 5-1-2023 ATM by Art. 23]
A sign mounted on a chassis, with or without wheels, which
is not used for transportation of persons or things, or an A-frame
style sign not permanently affixed to the ground. Portable signs do
not include signs painted on or permanently affixed to registered
commercial motor vehicles parked outside on a premises in the course
of normal business activity, or to noncommercial messages painted
on or affixed to registered motor vehicles.
[Added 5-1-2023 ATM by Art. 23]
A sign for protection of persons or property, such as "No
Trespassing," "No Hunting," "No Shooting"” or "No Trapping";
a cautionary sign warning of hazards or other dangerous conditions
on the premises.
[Amended 5-1-2023 ATM by Art. 23]
For a sign either freestanding or attached 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. But not including any unlettered supporting
framework and bracing which are incidental to the display itself.
For a sign applied to a building the area shall be considered
to include all lettering, wording, and accompanying designs or symbols
together with any backing of a different color than the finish material
of the building.
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall, or window, the area shall
be considered to be that of the smallest geometric form which encompasses
all of the letters and symbols.
For double-faced signs, the area shall be computed for one side
only.
A sign intended to be exhibited for no more than 60 days
during any twelve-month period.
[Amended 4-6-1991 by
Art. 48; 5-1-2023 ATM by Art. 23]
A temporary political or noncommercial sign announcing or
advertising a person's candidacy for public office or advocating for
or against the election of a candidate or advocating for a particular
vote on a public issue to be determined by the electorate or that
is otherwise pending before a public body.
[Added 5-1-2023 ATM by Art. 23]
A site development review process administered by the Planning Board in accordance with § 300-12.7 of this Zoning Bylaw.
[Added 5-1-2023 ATM by Art. 25]
Written permission for a specific use, activity or development which may be allowed under this Zoning Bylaw only with the approval of the designated special permit granting authority in accordance with MGL c. 40A, § 9, and Article 12 of this Zoning Bylaw.
[Amended 5-1-2023 ATM by Art. 25]
The Zoning Board of Appeals or the Planning Board, when acting
under specific authority granted under this Zoning Bylaw to issue
a special permit for a particular use, activity, or development.
[Added 5-1-2023 ATM by Art. 25]
That part of a building between any floor and the next higher
floor or lower roofline. 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 public or private way for vehicular use which is commonly
used by the public or dedicated to public use as shown on a plan of
record.
A combination of materials combined at a fixed location to
give support or shelter, such as: a bin, bridge, building, dock, fence,
framework, flagpole, platform, retaining wall, reviewing stand, sign,
stadium, swimming pool, tank, tennis court, tent, tower, trestle,
and a tunnel.
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 repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement is started or if the structure
has been damaged or is being restored before the damage occurred.
For purpose of this definition, "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor, or
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not,
however, include any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions or for
any alteration of a structure listed on the National Register of Historic
Places or a state inventory of historical places.
[Amended 6-24-1986 by
Art. 39]
Any use that is not permitted either by right or by special
permit of the Zoning Board of Appeals within the district in which
the lot is located.
Any substance or mixture of substances with physical, chemical,
or infectious characteristics posing a significant actual or potential
threat to water supplies or other hazards to human health if such
substance or mixture of substances were discharged to air, land, or
water. Toxic or hazardous materials include, without limitation, solvents
and thinners in quantities greater than normal household use, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, and all substances defined as
toxic or hazardous under Massachusetts General Laws Chapter 21C or
Chapter 21E or 310 CMR 30.00.
[Amended 4-7-1986 by
Art. 39; 3-31-2001 by Art. 16]
Vehicle designed to be towed for living or working purposes
whether on wheels or not.
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, or a use, not the principal use, that is
located on the same lot as the principal structure.
A use lawfully existing at the effective date of this bylaw
or any amendment thereto that 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.
Written authorization from the Zoning Board of Appeals allowing a departure from otherwise applicable terms of the Zoning Bylaw, including use regulations, with respect to particular land or structures pursuant to MGL c. 40A, § 10, and Article 12 of this Zoning Bylaw.
[Amended 5-1-2023 ATM by Art. 25]
A facility providing veterinary medical services to domestic
and household pets, farm animals, and livestock and wild animals on
an outpatient and in-patient basis, including, without limitation,
the performing of clinical services, surgical services, research and
in-patient care for such animals.
[Amended 4-22-2013 by
Art. 19]
A location where veterinary medical services are provided
within a building for typical and customary household pets on primarily
an outpatient and clinical basis, where the animal is seen, treated
and does not remain on the premises for a time greater than that necessary
to provide the clinical services, and minor surgical procedures on
such pets. Notwithstanding the above, a maximum of three pets who
have received clinical services and/or minor surgical procedures may
remain overnight except in emergency situations when the overnight
number may exceed three pets. Kenneling of pets is not permitted in
a veterinary practice.
[Amended 4-22-2013 by
Art. 19]
An enclosing structure of stone and/or masonry at a fixed
location.
[Amended 5-12-2012; 5-21-2012 by Art. 25]
See Article 9.
An open space the width of which shall extend between the
exterior side lines and the depth of which shall commence at the front
lot line and extend to a line the full width of the lot and that touches
the point of the principal building nearest to the front lot line
(hereinafter called the "setback line"); no point along the setback
line shall be closer to any point along the front lot line than the
shortest distance from the nearest point of the principal building
to the front lot line.
[Amended 6-18-1984 by
Art. 6]
An open space, except for an accessory structure or accessory
use as herein permitted, extending across the full width of the lot
line between the rear line of the building wall and the rear lot line.
With respect to any front yard, side yard, or rear yard, the distance required between the principal building and the respective lot lines for such yard in the Table of Area Regulations set forth in § 300-5.3, except for permitted projections.
[Amended 4-8-1985 by
Art. 32; 5-12-2012; 5-21-2012 by Art. 23]
An open space extending for the full length of the main building
between the nearest point of the building and its corresponding side
lot line and extending from the front yard to the rear yard.
[Amended 4-6-1991 by
Art. 48]
Massachusetts General Laws, Chapter 40A (MGL c. 40A) as may
be amended from time to time.[6]
[Amended 5-1-2023 ATM by Art. 25]
[1]
Editor's Note: The former definition of "abandonment," which
immediately preceded this definition, was repealed 5-1-2023 ATM by Art. 24.
[2]
Editor's Note: The former definition of "Board," which immediately
followed, was repealed 5-1-2023 ATM by Art. 21.
[3]
Editor's Note: The Table of Area Regulations is included as an attachment to this chapter.
[4]
Editor's Note: This article also repealed the former definition
of "medical marijuana treatment center" added 4-22-2013 by Art. 16.
[5]
Editor's Note: This article also repealed the former definitions
of "sign, advertising" and "sign, business," which immediately followed.
[6]
Editor's Note: The former definition of "Zoning Bylaw," which
immediately followed, was repealed 5-1-2023 ATM by Art. 21.
