For the purpose of this chapter certain terms and words shall
have the following meanings. Words used in the present tense include
the future; the singular number includes the plural; 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";
and the word "shall" is always mandatory and not merely directory.
Terms and words not defined herein but defined in the Easton Subdivision
Rules and Regulations shall have the meanings given therein unless
a contrary intention clearly appears.
The discontinuance or non-use for a period of two years or
more, of any nonconforming use of a structure or land, or both, shall
constitute the abandonment of such use.
Shall include and be defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "sexual conduct" as that term is defined in MGL c. 272, § 31; "Sexual Devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including: dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other preparations or an establishment with a segment or section devoted to the sale or display of such materials.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "sexual conduct" as defined in MGL c. 272, § 31, for observation by patrons therein.
ADULT MINI MOTION PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "sexual conduct" as defined in MGL c. 272, § 31 (as defined below) for observation by patrons therein.
ADULT LIVE ENTERTAINMENT ESTABLISHMENTSEstablishments which feature live entertainment which consists of entertainers engaging in "sexual conduct" or "nudity" as defined in MGL c. 272, § 31.
MASSAGEAny method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of external parts of the human body with the hands or with the aid of any mechanical or electric apparatus or appliances, with or without supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some third person on his or her behalf, will pay money or give any other consideration or any gratuity therefore. The practice of massage shall not include the following individuals while engaged in the personal performance of duties of their respective professions:
Physicians, surgeons, chiropractors, osteopaths, physical therapists,
or massage therapists who are duly licensed to practice their respective
professions in the Commonwealth of Massachusetts.
Registered nurses, licensed practical nurses or nurse's aides under the direction of Subsection E(1) above, registered nurses, or licensed practical nurses who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts.
Barbers and beauticians who are duly licensed under the laws
of the Commonwealth of Massachusetts, except that this exclusion shall
apply solely to the massage of the neck, face and scalp of the customer
or client for cosmetic or beautifying purposes.
For the purposes of § 235-41, the following definitions shall apply:
ADULT RETIREMENT DEVELOPMENT (ARD)A self-contained alternative residential community constructed expressly for and specifically limited to use and residency by persons who have achieved a minimum age requirement for residency of at least 55 years. Such developments shall comply in all respects to the requirements of MGL c. 151B, as may be amended.
COMMUNITY FACILITYDeveloped common areas, constructed solely for the use of the residents of the ARD and their guests. The term "Community Facility" may include buildings housing activities and amenities such as game room, entertainment room, sewing room, library, kitchen, laundry facilities, exercise room, toilet facilities, locker rooms for men and women, etc. Facilities) may also include outdoor activities and amenities such as swimming pools, gardens, paths and walkways, putting greens, and the like. All Community Facilities shall be designed and maintained in conformance with the latest Massachusetts standards for handicap accessibility.
The following definitions shall apply in § 235-44. Where a term is undefined herein, the definition set forth in the Affordable Housing Guidelines adopted pursuant to § 235-45, if any, shall control. All other undefined terms in this section shall either be governed by Article XI, Definitions of this chapter or shall be interpreted in accord with such normal dictionary meaning or customary usage as is appropriate to the context.
AFFORDABLE HOUSING GUIDELINESWritten policies and criteria, recommended by the Affordable Housing Trust Fund Board of Trustees and adopted by the Planning & Zoning Board, which supplement and serve to aid in the interpretation of this section. They may be revised from time to time without an amendment to this chapter.
AFFORDABLE HOUSING PLANA document that constitutes the applicant's showing of compliance with the requirements of § 235-44.
AFFORDABLE UNITA dwelling unit which meets the following conditions:
COMPREHENSIVE PERMIT GUIDELINESRefers to guidelines promulgated by DHCD pursuant to MGL c. 40B, §§ 20-23.
INCOME, LOWA combined household income which is less than or equal to 50% of the Area Median Income, as defined by HUD.
INCOME, MODERATEA combined household income which is less than or equal to 80% of the Area Median Income, as defined by HUD.
The cultivation of ground for purpose of producing fruits
and vegetables for the use of man and beast, or the act of preparing
the soil, sowing and planting seeds, dressing plants and removing
crops, and includes gardening, horticulture, silviculture and raising
or feeding of cattle and other livestock.
Any construction, reconstruction or other action resulting
in a change in the structural parts or height, number of stories or
exits, size, use or location of a building or other structure.
The following definitions shall apply for the purposes of § 235-46:
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose a significant, actual or potential hazard
to water supplies or other hazard to human health, if such substance
or mixture were discharged to land or waters of the Town. Toxic or
hazardous materials include, without limitation, the following: organic
chemicals; petroleum products; heavy metals; radioactive or infectious
wastes; acids and alkalis; products such as pesticides, herbicides,
solvents and thinners.
Wastes generated by the following activities, without limitation,
are presumed to be toxic or hazardous unless and except to the extent
that anyone engaging in such activity can demonstrate to the satisfaction
of the Board of Health and the Department of Public Works, Water Division:
airplane, boat and motor vehicle service and repair; chemical and
bacteriological laboratory operation; cabinet making; dry cleaning;
electronic circuit assembly; metal plating, finishing and polishing;
motor and machinery service and assembly; painting, wood preserving
and furniture stripping; pesticide and herbicide application; photographic
processing; printing.
A residential development subject to certification by the
executive office of elder affairs under MGL c. 19D and 651 CMR 12.00.
A portion of a building, partly below grade, which has more
than 1/2 of its height, measured from finished floor to finished ceiling,
above the average finished grade of the ground adjoining the building.
A basement is not considered a story unless its ceiling is 4.5 feet
or more above the finished grade or 1/2 of the total height above
finished grade, whichever is greater.
Any area in a dwelling unit which is or could be used for
the provision of private sleeping accommodations for residents of
the premises, whether such area is designated as a bedroom, guest
room, maid's room, dressing room, den, loft, study, library, or by
another name. Any room intended for regular use by all occupants of
the dwelling unit such as a living room, dining area, or kitchen shall
not be considered a bedroom, nor shall bathrooms, halls, or closets.
An individual other than a family member occupying a dwelling
unit who, for consideration, is furnished sleeping accommodations,
meals, and may be provided personal care or other services, but excluding
guests at a bed and breakfast.
A combination of any materials, whether portable or fixed,
having a roof and enclosed within exterior walls or fire walls, built
to form a structure that is safe and stable supported by columns or
walls resting on its own foundation for the shelter, housing, or enclosure
of persons, animals, chattels, or property of any kind. For the purposes
of this definition "roof" shall include an awning or any similar covering,
whether or not permanent in nature.
BUILDING, ACCESSORYA detached 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 to which it is accessory.
BUILDING, ATTACHEDA building having any portion of one or more walls in common with adjoining buildings.
BUILDING, DETACHEDA building having open space on all sides.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
A business establishment, which does not offer a product
or merchandise for sale to the public but offers a professional service
to the public. However, general or personal service establishments
are not to be included in the definition of business offices.
A portion of a building, partly or entirely below grade,
which has more than one half of its height measured from finished
floor to finished ceiling, below the average established finished
grade of the ground adjoining the building. A cellar is not deemed
a story.
A child care center as that term is defined in MGL c. 15D,
§ 1A.
Entertainment and recreational facilities operated as a business
for gain, including but not limited to bowling alley, theater, fitness
center, or sports arena, provided such use is housed indoors in sound-insulated
structure protecting neighborhood from inappropriate noise in any
season.
Golf, swimming, tennis, or other outdoor recreational facility.
A tower, including antennas and accessory structures, if
any, built for wireless communications, including, but not limited
to, radio, television, cellular, and digital communications, which
facilitates the provision of wireless communications services.
Premises owned and operated by a governmental or chartered
nonprofit organization, but not including fraternal sports, or similar
membership organizations.
A structure in which an individual owns separately one or
more single dwelling units in a multi-unit building. He and the owners
of other units have an undivided interest in the common areas and
facilities that serve the project. The Common areas include such items
as land, roof, floors, main walls, stairways, lobby, hall, parking
space, and community and commercial facilities.
The word "constructed" shall include the words "built," "erected,"
"reconstructed," "altered," "enlarged," "moved," and "placed."
An open, outdoor space enclosed on all sides by exterior
walls of a building or by exterior walls and property lines on which
walls are allowed.
A zoning district as established by Article II of this chapter.
An open space, located on a lot, built for access to a garage,
off-street parking or loading space. A driveway may not be more than
24 feet in width in Residential, Residential I, and Business Neighborhood
Zones, and not more than 36 feet in width in Business, Industrial,
Eleemosynary, and Municipal Zones. Each driveway shall service no
more than one lot.
A business establishment that includes service that is provided
from a drive-up or drive-through window or other similar arrangement
that allows the service of a patron while the patron remains in a
vehicle, whether parked or live parked. The term shall include eating
establishments and service establishments such as banks, dry cleaners,
pharmacies, and the like, and automotive service stations and gasoline
stations and the like.
A privately or publicly owned permanent structure containing
a dwelling unit or dwelling units. The terms "one family," "two family,"
or "multifamily" dwelling shall not include hotel, lodging house,
hospital, membership club, trailer, however mounted, or dormitory
or structure solely for transient or overnight occupancy.
DWELLING, DUPLEXA two-family building designed with separated dwelling units, side by side, separated by a fire wall.
DWELLING, MULTIFAMILYA building containing three or more dwelling units constructed on a single lot (apartment house).
DWELLING UNITOne or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit, with permanent provisions for cooking, living, sanitary, eating, and sleeping facilities.
A facility equipped with a compatible cable such as J-1772,
for the recharging of the batteries of motor vehicles.
Services and facilities offered by public utility or governmental
agency by the erection, construction, alteration, or maintenance of
underground or overhead gas, electrical, steam, or water transmission
or distribution systems and structures, excluding power plants or
transfer stations. Facilities necessary for the provisions of essential
services include 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.
Specifically excluded from this definition are municipal, state, or
federal services and facilities.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit
provided that a group of five or more persons who are not related
by blood or marriage.
An accessory use as defined in MGL c. 15D, § 1A.
An accessory use as defined in MGL c. 15D, § 1A.
A public market for the primary purpose of promoting and
selling fresh produce, prepared foods and meat, poultry and fish.
Such products may include, but shall not be limited to: Fresh Produce
(fresh uncut fruits and vegetables); Unprocessed honey; Maple syrup;
Meats, poultry, and fish; Farm fresh eggs; Jams and jellies; Candy;
Baked goods.
The following definitions shall apply for the purposes of § 235-37:
AFFORDABLE DWELLING UNITA dwelling unit restricted as affordable to households qualifying as low or moderate income.
AFFORDABLE TO HOUSEHOLDS QUALIFYING AS LOW INCOMEAffordable to households, adjusted for size, under the applicable guidelines of the Commonwealth's Department of Housing and Community Development, earning less than 50% of the median income.
AFFORDABLE TO HOUSEHOLDS QUALIFYING AS MODERATE INCOMEAffordable to households, adjusted for size, under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning more than 50% but less than 80% of the median income.
CONTIGUOUS OPEN SPACEOpen space suitable, in the opinion of the Planning & Zoning Board, for the purposes set forth in § 235-37A herein. Such open space may be separated by the road(s) constructed within the Flexible Development. Contiguous open space shall not include required yards.
TRANSFER LOTA parcel of land with not less than 60,000 square feet used to establish a density bonus in a Flexible Development, as set forth in § 235-37. Such transfer lot shall be:
Determined by the Planning & Zoning Board to be of special
importance because of its visual prominence or potential vista blockage,
ecological significance or fragility, value as agricultural or recreational
land, critical relation or proximity to the Town's drinking water
supply, or because it is identified in the Town's open space plan;
and
Not more than 50% wetlands, as defined in MGL c. 131, § 40,
or not land used to satisfy dimensional requirements in any other
development of land; and
Subject to a permanent conservation restriction approved as to form by Town Counsel pursuant to MGL c. 184, §§ 31 through 33, or conveyed in fee or with a suitable restriction to the Town or to a nonprofit organization, the principal purpose of which is the conservation of open space or other appropriate purpose consistent with the open space uses designated in § 235-37.
The area subject to periodic flooding, the limits of which are determined by § 235-47.
The sum of the areas of the several floors of a building,
measured from the exterior faces of the walls. It does not include
cellars, unenclosed porches or attics not used for human occupancy
or any frontage.
Facility for the conducting of funerals and related activities
such as embalming.
Shop for lawn mower or small appliance repair, upholstery
or furniture repair, bicycle repair person, printer, blacksmith, builder,
carpenter, caterer, electrician, lawn mower service person, mason,
painter, plumber or roofer.
Measured as the vertical distance from the mean grade of
the natural ground contiguous to the building, as such ground existed
prior to construction at the location of existing or proposed exterior
walls ("Grade Plane"), to the mean height of the highest roof surface.
For new subdivisions the Grade Plane shall be calculated based upon
finished grades as shown on site plans approved by the Planning &
Zoning Board. The limitation shall not apply to chimneys, vents, and
other similar features provided such features do not cover more than
15% of the area of the roof of the building or other structure and
in no way are used for human occupancy.
An accessory use as set forth in § 235-15.
A building providing twenty-four-hour in-patient or animal
services for the diagnosis, treatment or other care of human or animal
ailments including, where appropriate, a sanitarium, nursing home,
convalescent home, and veterinarian services.
A building or any part of a building containing rooming units
without individual cooking facilities for transient occupancy and
having a common entrance or entrances. A hotel may include a restaurant,
bar or tavern, and accessory recreational facilities. Does not include
a motel, boarding house, lodging house, or rooming house.
For the purposes of § 235-44, the following definitions shall apply:
DWELLING, SINGLE FAMILYA building designed or used exclusively as a residence and including only one dwelling unit.
DWELLING UNITOne or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. This definition does not include a trailer, however mounted.
IN-LAW APARTMENTAn In-Law Apartment is a self-contained housing unit attached to or incorporated within a single family dwelling. The In-Law Apartment must be accessory to the single family dwelling and be subordinate in size to said single family dwelling and shall comply with each of the criteria stated below.
PRIMARY RESIDENCEA residentially used building in which is conducted the principal use of the lot on which it is located.
A yard, field or other area used as a place for storage for
more than 30 days for three or more unserviceable, discarded, worn-out,
or junk motor vehicles. Also a yard, field, or other area used as
a place of storage for discarded, worn-out or junk plumbing, heating
supplies, household appliances or furniture; and/or discarded, scrapped
or junk lumber; and/or old scrap copper, brass, rope, rags, batteries,
paper trash, rubber debris, waste, and/or scrap metal.
An establishment as defined in MGL c. 140, § 136A.
[Amended 5-16-2022 ATM by Art. 27]
For the purposes of § 235-49, the following definitions shall apply:
BUILDING COMMISSIONERThe official charged with the enforcement of this chapter.
BUILDING PERMITA construction permit issued by an authorized Building Commissioner which provides evidence that the project is consistent with the state and federal building codes as well as this chapter, including those governing ground-mounted large-scale solar installations.
DESIGNATED LOCATIONThe Large-Scale Ground-Mounted Solar Photovoltaic Overlay District, as designated by the Town of Easton, is shown on the Official Zoning Map, dated May 16, 2011, in accordance with Massachusetts General Laws Chapter 40A. This map is hereby made a part of this chapter and is on file in the Office of the Easton Town Clerk.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONA solar energy system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity greater than 250 kW and occupies more than five acres of land.
ON-SITE SOLAR INSTALLATIONA solar installation that is constructed at a location where other uses of the underlying property occur.
RATED NAMEPLATE CAPACITYThe maximum rated output of electric power production of the Electric system in Alternating Current (AC) or Direct Current (DC).
SOLAR PHOTOVOLTAIC ARRAYAn arrangement of solar photovoltaic panels.
An off-street space used for loading or unloading 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 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 rooms in boarding houses, tourist houses,
or rooming houses.
An uninterrupted contiguous tract of land excluding streams,
ponds, wetlands, flood plain, and detention/retention basins, held
in the same ownership throughout, and defined by bounds or lot lines
ascertainable by recorded deed or plan.
LOT, CORNERA lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines, or in the case of a curved street, extended lot line, being not more than 135°.
LOT DEPTHThe distance between the front lot line and the rear lot line.
LOT FRONTAGEThe uninterrupted contiguous linear or curvilinear distance measured along a front lot line between each side lot line where it is co-linear with the right-of-way of an abutting street or way, such that:
[Amended 5-21-2018 ATM
by Art. 29]
Where a single lot abuts more than one street (as with a corner
lot), the greatest uninterrupted linear or curvilinear measurement
of a front lot line along one side of one street shall be considered
the frontage.
On lots abutting curved streets or cul-de-sacs, the arc length
between the side lot lines will be considered the frontage.
The ends of streets without a turning circle shall not be considered
frontage.
LOT LINE, FRONTThe property line dividing a lot from a street (right of way).
LOT LINE, REARThe lot lines opposite from the front lot line.
LOT LINE, SIDEAny lot line not a front or rear lot line.
LOT, NONCONFORMINGA lot lawfully existing at the effective date of this chapter or any subsequent amendment thereto, which is not in accordance with all provisions of this chapter.
LOT WIDTHThe horizontal distance between the side lot lines as measured at the minimum front yard depth (required setback distance) required by this chapter.
The lowest floor in the lowest enclosed area including the
basement. An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other
than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
this chapter.
A use engaged in the basic processing and manufacturing of
materials, or the manufacture from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales and distribution
of such products.
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
[Added 5-21-2018 ATM
by Art. 35]
A facility as defined in 105 CMR 145.020, including a mobile
clinic and urgent care facility.
For the purposes of § 235-50, the following definitions shall apply:
MEDICAL MARIJUANA TREATMENT CENTERA not-for-profit entity, as defined by Massachusetts law only, registered under applicable Massachusetts law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.
MEDICAL USE OF MARIJUANAThe acquisition, cultivation, possession, processing, (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transportation, sale, distribution, dispensing, or administration of marijuana, for the benefit of qualifying patients in the treatment of debilitating medical conditions, or the symptoms thereof, as may be further defined under Massachusetts law.
A building designed and used as an office by physicians,
dentists, or psychotherapists for the diagnosis and treatment of human
patients that does not include overnight care facilities or licensing
as a clinic.
A social, sports or fraternal association or organization
which is used exclusively by members and their guests which may contain
bar facilities.
A development that includes primary non-residential and primary
residential uses on the same site.
A movable or portable dwelling unit built on a chassis, designed
for connection to utilities when in use, and designed without necessity
of a permanent foundation for year-round living.
A building or any part of a building containing rooming units
without individual cooking facilities for transient occupancy and
having a common entrance or entrances. Generally, does not include
a restaurant, bar or tavern, or accessory recreational facilities.
Does not include a boarding house, lodging house, or rooming house.
A facility at which, by contract, motor vehicles are made
available for rent for a period not longer than 24 hours.
A building or premises used for the dispensing, sales or
offering for sale of motor fuels directly to users of motor vehicles.
Other sales activities and any repairs shall be activities minor in
scope and clearly subordinate to the sale of motor fuels, oils and
lubricants. No drive-through facilities are permitted without further
zoning relief.
A building or use which is designed or intended to be used
for the storage, servicing, repair, maintenance, or cleaning of motor
vehicle equipment.
Premises for the sale of used or new motor vehicles, including
supplying of fuel, oil, lubrication, washing, or repair services,
but not to include body work or painting.
Any person or entity of record holding fee simple title to
a lot of land.
The space on a lot unoccupied by buildings, unobstructed
to the sky, not devoted to streets, driveways, sanitary systems, or
off-street parking or loading spaces and expressed as a percentage
to total lot area.
An accessory use of a restaurant or eating establishment
where seating and/or other facilities are provided on the premises
for the consumption of food and/or beverages with table service outside
of the confines of the building structure.
A surface on grade for which the primary use is the temporary
parking of vehicles. A Parking Lot includes designated parking spaces,
access to and from the lot, circulation within the lot, landscaping,
landscaped buffer and adequate lighting to ensure public safety.
[Added 10-30-2018 STM
by Art. 14]
An off-street space, whether inside or outside a structure
for exclusive use as a parking stall for one motor vehicle.
A facility providing personal services such as hair salon,
barber shop, tanning beds, dry cleaning, print shop, photography studio,
and the like.
Those used primarily for heavy or light industry or the manufacture
or assembly of a product including processing, blending, fabrication,
assembly, treatment and packaging.
A development involving the construction of two or more principal
buildings on the same lot for any permitted use.
A lot together with all buildings, structures, and uses thereon.
Agricultural land on which the sale of products produced
from the agriculture, aquaculture, silviculture, horticulture, floriculture
or viticulture use on the parcel annually generates at least $1,000
per acre based on gross sales dollars in area not zoned for agriculture,
aquaculture, silviculture, horticulture, floriculture or viticulture.
The demolition of a structure and the rebuilding of a new
structure on the same lot.
Recorded in the Bristol County Northern District Registry
of Deeds or registered in the Bristol County Northern District Land
Court Records.
Those facilities used primarily for research, development
and/or testing of innovative information, concepts, methods, processes,
materials, or products. This can include the design, development,
and testing of biological, chemical, electrical, magnetic, mechanical,
and/or optical components in advance of product manufacturing. The
accessory development, fabrication, and light manufacturing of prototypes,
or specialized machinery and devices integral to research or testing
may be associated with these uses, but excluding laboratories categorized
as Level 4 by the National Institutes for Health.
A facility selling new or used goods to an end user but not
otherwise specifically listed in the Table of Use Regulations.
A school aged child care program as that term is defined
in MGL c. 15D, § 1A.
A building or buildings consisting of individual self-contained
units that are leased or rented on an individual basis for the storage
of personal, household or small business storage. Storage of hazardous
materials or substances, hazardous waste, gas, oil or any substances
or materials which pose a threat to human health or safety or a threat
to the environment is prohibited. No activity other than storage shall
occur in such facilities.
[Added 5-16-2022 ATM by Art. 25]
For the purposes of § 235-29, the following definitions shall apply:
ABANDONED SIGNA sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
ANIMATED SIGNAny sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare "Flashing Sign").
AWNINGA shelter projecting from and supported by the exterior of a building constructed of non-rigid materials on a supporting framework (compare "Marquee").
AWNING SIGNA sign painted on, printed on, or attached flat against the surface of an awning.
BANNER SIGNA sign frequently constructed of fabric or other flexible material and frequently displayed on a pole or staff which can be freestanding or attached to a building or structure, and temporary in nature.
BILLBOARDSee "Off-Premises Sign".
CHANGING SIGN IMAGEAny sign that, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or change of sign image or message. This type of sign includes, but is not limited to, Electronic Message Center signs which are either attached or detached. Changing image signs do not include school zone or other public safety signs and otherwise static signs where copy is changed manually in the field and where illumination is turned off and back on not more than once every 24 hours.
CLEARANCEThe smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
CONSTRUCTION SIGNA temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
COPYThe wording on a sign surface in either permanent or removable letter form.
DIRECTIONALA sign limited to pedestrian and vehicular traffic instruction and/or direction or restrictions on the use of parking areas. "No Parking", "Entrance", "Exit" and "Additional Parking in the Rear" are examples of directional signs. No sign that identifies the occupant or use of the site shall be considered a directional sign.
DIRECTORY SIGNA group of signs clustered together as a single structure or compositional unit to advertise occupants of the same building or building complex.
DOUBLE FACED SIGNA sign with two faces.
ELECTRICAL SIGNA sign or sign structure in which electrical wiring, connections or fixtures are used.
ELECTRONIC MESSAGE CENTERAny message board, where scrolling or moving copy or images are shown on the same message board or any sign which changes its copy or images electronically, mechanically, digitally, through the use of projection or computer generation.
FACADEThe exterior surface of a building wall facing a street or containing a public entrance, which corresponds to the height and width of the interior space owned or leased by the occupant of the building.
FACE OF SIGNThe area of a sign on which the copy is placed.
FESTOONSA string of ribbons, tinsel, small flags, or pinwheels.
FLAGA sign frequently constructed of fabric or other flexible material and frequently displayed on a pole or staff which can be freestanding or attached to a building or structure, and temporary in nature. Official flags of governmental jurisdictions properly displayed and decorative flags on residences shall not be considered as signs for the purposes of this Section.
FLASHING SIGNA sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, or signs which, through reflection or other means, create an illusion of flashing of intermittent light (compare "Animated Sign", "Changeable Copy Sign").
FREESTANDING SIGNA sign structurally separate from a building or structure that is attached to or part of a self-supporting structure.
FRONTAGEThe length of the property line of any one premise along a public right-of-way on which it borders.
FRONTAGE, BUILDINGThe length of an outside building wall on a public right-of-way.
GOVERNMENT SIGNAny temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property or facility.
HEIGHT OF SIGNThe vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare "Clearance").
IDENTIFICATION SIGNA sign whose copy is limited to the name and address of a building, institution, or a person and/or to the activity or occupation being identified.
ILLEGAL SIGNA sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
INCIDENTAL SIGNA small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
INTERNALLY ILLUMINATED SIGNA sign which utilizes translucent panels, canvas or other fabric, letters, devices or other similar components to create an image by allowing light to pass through.
LOTA parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record of survey map.
MAINTENANCEFor the purposes of this chapter, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design or structure of the sign.
MANSARDA sloped roof or roof-like facade architecturally comparable to a building wall.
MARQUEEA permanent roof-like structure or canopy of rigid materials supported by extending from the facade of a building (compare "Awning").
MARQUEE SIGNAny sign attached to or supported by a marquee structure.
NAMEPLATEA non-electric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
NONCONFORMING SIGNA sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations. Also, a sign which does not conform to § 235-29, but for which a special permit has been issued.
OCCUPANCYThe portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
OFF-PREMISES SIGNA sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising".
ON-PREMISES SIGNA sign which pertains to the use of the premise on which it is located.
OWNERA person recorded as such on official records. For the purposes of this chapter, the owner of the property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Building Commissioner, e.g., a sign leased from a sign company.
PAINTED WALL SIGNAny sign which is applied with paint or similar substance on the face of a wall.
PARAPETThe extension of a false front or wall above a roofline.
PERSONFor the purpose of this chapter, any individual, corporation, association, firm, partnership, or similarly defined interest.
POINT OF PURCHASE DISPLAYAdvertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.
POLE COVERCovers enclosing or decorating poles or other structural supports of a sign.
POLITICAL SIGNFor the purposes of this chapter, a temporary sign used in connection with a local, state, or national election or referendum.
PORTABLE SIGNAny sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, e.g., trailer or A-Frame, not to include Banner sign.
PREMISESA parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
PROJECTING SIGNA sign, other than a flat wall sign, which is attached to and projects from a building or wall or other structure not specifically designed to support the sign.
REAL ESTATE SIGNA temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
ROOFLINEThe top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
ROOF SIGN— Any sign erected over or on the roof of a building (compare "Mansard", "Wall Signs").
ROTATING SIGN — A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
SIGN — Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services.
PROJECTING AND FREESTANDINGThe area of a freestanding or projecting sign shall have all faces of any doubled-faced or multi-faced sign counted in calculating its area. The area of the sign shall be measured as follows if composed of one or two individual cabinets: (a) The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine the total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc. provided that there is not written advertising copy on such embellishments; or (b) If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy.
WALL SIGNSThe area shall be within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter advertising message. The combined areas of the individual figures shall be considered the total sign area.
For other signs 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.
Both sides of double-faced signs shall be computed in determining
gross display area. Frames and structural members not bearing advertising
matter shall not be included in computation of sign area.
For a sign consisting of individual letters, designs, and symbols
attached to or painted on a surface, building, wall or window, the
area shall be considered to be that of the smallest quadrangle which
encompasses all of the letters, designs and symbols.
SNIPE SIGN— A temporary or poster affixed to a tree, fence, etc.
SUBDIVISION IDENTIFICATION SIGNA freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
TEMPORARY SIGN — A sign not constructed or intended for long-term use.
UNDER CANOPY SIGN — A sign suspended beneath a canopy, ceiling, roof or marquee.
WALL SIGNA sign attached parallel to and extending not more than 18 inches from the wall of a building. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard.
WINDOW SIGNA sign installed inside a window and intended to be viewed from the outside.
Authority to issue specific special permits as designated
by this chapter.
That part of a building comprised between a floor and the
floor or roof next above.
The lower most story of which any portion of the floor is
below the exterior grade.
A way which is over 24 feet in right-of-way width which is
dedicated or devoted to public use by legal mapping or by any other
lawful procedure. A street includes all public ways, a way which the
Town Clerk certified is maintained and used as a public way, a way
shown on a plan approved and endorsed in accordance with the "Subdivision
Rules and Regulations in Easton, Massachusetts"[1] and a way having in the opinion of the Easton Planning
& Zoning Board sufficient width, suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation
to the proposed uses 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.
A combination of materials assembled at a fixed location
that is safe and stable to give support or shelter, such as a building,
bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent,
stadium, reviewing stand, platform, bin, sign, fence, flagpole, swimming
pool, shelters, sheds, or the like.
A structure lawfully existing at the effective date of this
chapter or any subsequent amendment thereto, which does not conform
to one or more provisions of this chapter.
Any vehicle which is designed primarily to be portable, and
is arranged, intended, designed, or used temporarily for sleeping,
eating, or business use in conjunction with construction, or is a
place in which persons may congregate including a manufactured home,
a tent trailer, travel trailer, motor home, or camper.
A facility for handling freight with or without maintenance
facilities.
The purpose for which a structure or lot is arranged, designed,
or intended to be used, occupied or maintained.
USE, ACCESSORYA use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 10% of the area of the total use of the structure or lot on which it is located.
USE, NONCONFORMINGA use lawfully existing at the time of adoption of this chapter, or any subsequent amendment thereto, which does not conform to one or more provisions of this chapter, including an existing use permissible on special authorization of the Board of Appeals but which has not been so authorized.
USE, PRINCIPALThe main or primary purpose for which a structure, building, or lot is designed, arranged, constructed, or intended, or for which it may be used, occupied or maintained under this chapter. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and under this chapter shall be considered an accessory use.
USE, SUBSTANTIALLY DIFFERENTA use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, noise, employment or similar characteristics from the use to which it is being compared.
Such departure from the terms of the by-law as the Board of Appeals upon appeal in specific cases is empowered to authorize under the terms of § 235-54.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short term care
incidental to the use.
A building used primarily for the storage of goods and materials,
for distribution, but not for sale on the premises.
Establishment providing individual storage units for long
or short term rental to persons or businesses.
The term "wetlands", as used in this chapter, shall mean
wet meadows, marshes, swamps, bogs, areas where groundwater, flowing
or standing surface water or ice provide a significant part of the
supporting substrate for a plant community for at least five months
of the year; emergent and submergent plant communities in inland waters;
that portion of any bank which touches any inland waters, or the most
recent definition of the term "freshwater wetlands" found in MGL c.
131, § 40. Where these definitions conflict, the definition
found in MGL c. 131, § 40 shall apply.
Sale of goods not at retail.
A portion of a lot, upon which the principal building is
situated, unobstructed artificially from the ground to the sky, except
as otherwise provided herein. A court shall not be considered to be
a yard or any part thereof.
YARD, FRONTA yard extending for the width of the lot between the front line of the nearest building wall and the front lot line.
YARD, REARA yard, 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.
YARD SIDEYard extending for the full length of a building between the nearest building wall and the side lot line.
Chapter 40A of the General Laws.[2]
