City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
A. 
In this chapter, the following terms and construction shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of this chapter. Words used in the present tense include the future. The singular includes the plural, and the plural includes the singular. The word "shall" is mandatory, and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot," and the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." The word "building," "structure," "lot" or "parcel" shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this chapter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A subordinate building located on the same lot as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.
ACCESSORY USE
A use customarily incidental to that of the main or principal building or use of the land.
ADULT DAY-CARE SERVICES
Individualized programs of activities and services provided to adult clients who require daytime supervision at sites other than their homes. Activities include assistance with walking, grooming and eating; provision of one meal and two snacks per day; and planned recreational and social activities suited to the needs of the participants and designed to encourage physical and mental exercise and stimulate social interaction.
ADULT USE
Shall be defined in § 675-1020 of this chapter.
AGRICULTURAL USE, EXEMPT
Agricultural use of property which is on a parcel of over five acres and which is exempted by MGL c. 40A, § 3.
AGRICULTURAL USE, NONEXEMPT
Agricultural use of property which is on a parcel of five acres or less which is not exempted by MGL c. 40A, § 3.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending a side or by increasing in height, or the moving from one location or position to another.
ANIMAL CLINIC or VETERINARY HOSPITAL
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 clinic or hospital use.
ANTENNA
Any exterior apparatus designed for telephonic, radio, television, personal communications services (PCS), pager network, or any electromagnetic waves of any bandwidth. An antenna can either be attached to a tower or attached to a building.
ASSISTED LIVING RESIDENCE
A long-term senior residential facility that provides personal care support services such as meals, medication management, bathing, dressing, and transportation, principally for people age 55 years and over, and certified by the Massachusetts Office of Elder Affairs. (651 CMR 12.02).
BED-AND-BREAKFAST ESTABLISHMENT
Accommodations with not more than six bedrooms occupied by bed-and-breakfast guests in which the owner of the establishment resides. Bed-and-breakfasts are intended for guests on intermittent visits and shall not be used as long-term rental units or apartments. All parking for residents and guests shall be off street.
BOARDING HOUSE
See definition for "rooming house."
BUILDING
A structure, enclosed within exterior walls or fire walls, built, erected, and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property. For the purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
BUILDING COVERAGE
That percentage of the lot area covered by the roof area of a building or buildings.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building at all points surrounding the building to the highest point of ceiling of the top story in the case of a flat roof, to the deck of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof. Not included are spires, cupolas, antennas, or similar parts of structures which do not enclose potentially habitable floor space.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS OR PROFESSIONAL OFFICE
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 "office building" for related definition.
CAR WASHING ESTABLISHMENT
Any commercial facility with one or more bays, its structures, accessory uses, paved areas or grounds used wholly or partly to wash, clean and dry the exterior and/or interior of passenger automobiles, vans, pickup and/or panel trucks and which is open to the public, including both automatic and/or self-service car washes.
CHILD-CARE FACILITY
A day-care center or school-age child-care program, as those terms are defined in MGL c. 15D, § 1A.
CLUB OR LODGE, PRIVATE
Buildings, structures and premises used by a nonprofit social or civic organization, 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 that there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.
COMMERCIAL RECREATION, INDOOR
A structure for recreational, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance. Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
COMMERCIAL RECREATION, OUTDOOR
A drive-in theater, 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 chapter.
COMMON OPEN SPACE
Described in § 675-810G of this chapter.
CONTINUING CARE SENIOR LIVING COMMUNITY (CCSLC)
A senior residential development that provides a continuum of senior housing and care services principally for people age 55 years and over, operated or sponsored as a coordinated unit by a corporation or organization, having among its principal purposes the provision of housing and associated services for senior citizens. A CCRC shall include a variety of housing types and may also include semi-institutional facilities such as skilled nursing care or a rehabilitation facility.
CONTRACTOR'S YARD
Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.
CONVENIENCE RETAIL
A small retail establishment of less than 2,500 gross square feet, usually located within or associated with another use that offers for sale convenience goods such as prepackaged food, tobacco, periodicals, and other household items.
DRIVE-THROUGH or DRIVE-IN
A type of business or part of a business designed to accommodate customers in their vehicles. Orders are taken and the customer is served at an appurtenant structure or building without the customer needing to leave his or her vehicle.
DWELLING
A building designed and occupied as the living quarters of one or more families on one lot. Single- and two-family dwellings shall be designed for and occupied by not more than one or two families, respectively, on one lot. Three- and four-family dwellings shall be designed for and occupied by not more than three or four families, respectively, on one lot. A multifamily dwelling shall be one designed for and occupied by five or more families on one lot.
DWELLING UNIT
One or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including a room or rooms for bathrooms, living, sleeping, and eating.
DWELLING, MULTIFAMILY
A building designed or intended or used as the residence of three or more families, each occupying a separate dwelling unit and living independently of each other, and who may have a common right in halls and stairways; with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling other than a mobile home, singly and apart from any other building, designed or intended or used exclusively as the residence of one family.
DWELLING, TOWNHOUSE OR SINGLE-FAMILY ATTACHED
A residential building of at least three but not more than eight single-family dwelling units sharing at least one common or party or fire wall, and with each building having at least one floor at ground level with a separate entrance.
DWELLING, TWO-FAMILY
A detached residential building designed or intended or used exclusively as the residence of two families. A two-family dwelling shall not include a detached single-family dwelling with an accessory apartment.
EARTHMOVING AND ALTERATION
Shall be defined as set forth in § 675-1070 herein.
(1) 
Use of land or structures for educational purpose exempt from regulation pursuant to MGL c. 40A, § 3.
(2) 
Those educational facilities which are located on land owned or leased by the commonwealth, or any of its agencies or subdivisions or body politic, or by a religious sect or denomination, or by a nonprofit educational corporation.
EDUCATIONAL USE, NONEXEMPT
Educational facilities not exempted from regulation by MGL c. 40A, § 3.
ESSENTIAL SERVICES
Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission systems and collection, communication, supply, or disposal systems, whether underground or overhead, but not including wireless communications facilities or local distribution to end users.
FAMILY
Any number of individuals living and cooking together as a single housekeeping unit and including necessary domestic help such as nurses or servants.
FAMILY DAY-CARE HOME, LARGE
Any private residence operating a facility as defined in MGL c. 15D, § 1A, as amended, which, on a regular basis, receives for temporary custody and care during part or all of the day children under seven years of age or children under 16 years of age if such children have special needs and receives for temporary custody and care, for a limited number of hours, children of school age in accordance with regulations promulgated by the office; provided, however, that the number of children under the age of 16 in a large family day-care home shall not exceed 10, including participating children living in the residence. "Large family day-care home" shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives or the occasional care of children with or without compensation therefor.
FAMILY DAY-CARE HOME, SMALL
Any private residence operating a facility as defined in MGL c. 15D, § 1A, as amended. Any private residence which, on a regular basis, receives for temporary custody and care during part or all of the day children under seven years of age or children under 16 years of age if such children have special needs; provided, however, in either case, that the total number of children under 16 in a family day-care home shall not exceed six, including participating children living in the residence. "Small family day-care home" shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives or the occasional care of children with or without compensation therefor.
FARM STAND, NONEXEMPT
A facility for the sale of produce, wine and dairy products on property where the majority of such products sold during the months of June, July, August and September, or the harvest season for that particular crop sold, are not produced or raised on the land of the owner or lessee during the aforementioned months or harvest every year, or such parcel upon which the crops or products are produced does not exceed five acres, is not exempt as more fully defined by MGL c. 40A, § 3.
FLOOR AREA, GROSS
The total square feet of floor space within the outside dimensions of a building, including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.
HAZARDOUS MATERIAL
Any substance which is listed in, but not limited to, the Environmental Protection Agency (EPA) priority pollutants as described in Section 307(a) of the Clean Water Act, as amended. See 33 U.S.C. § 1317.
HOME OCCUPATION
A vocation, trade, small business, craft, art or profession which can be conducted in its entirety within the main (principal) or accessory building of a property by a bona fide resident of that main building and no more than one other person and which, by nature of its limited size and scope, does not cause any outward manifestation (such as traffic generation, parking congestion, noise or air pollution, materials storage, and public service or utility demand) which is uncharacteristic of or an additional disturbance to the residential neighborhood in which said property is located. See § 675-830, Home occupations, for additional regulations related to this use.
IMPERVIOUS SURFACE
Any surface which reduces or prevents the absorption of stormwater into previously undeveloped land. Examples are buildings, structures, parking lots, driveways, streets, sidewalks, and areas surfaced with asphalt or concrete.
INCIDENTAL
A use or activity that is not primary but which is subordinate and minor in significance.
INDEPENDENT LIVING UNITS
Multifamily buildings in a senior residential development that are designed and intended for occupancy principally by people age 55 years and over, with units that may include some basic services such as meals, housekeeping, grounds maintenance, security, and common areas and common facilities for events and activities benefiting residents of the development.
JUNK
Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning, cannot be used for its original purpose as readily as when new shall be considered junk.
JUNKYARD or AUTOMOBILE GRAVEYARD
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.
KENNEL, COMMERCIAL
A commercial establishment in which four or more dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold.
LIGHT MANUFACTURING
Fabrication, assembly, processing, finishing work or packaging that does not cause excessive noise, vibration, electromagnetic disturbance, or noxious odors or emissions.
LIVE-WORK UNIT
A live-work unit may be used as both living accommodation, which has a kitchen and washroom, and a business operated by one or more people who live in the unit.
LOT
A continuous parcel of land with legally definable boundaries.
LOT AREA
The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least 80% of the lot area required for zoning compliance shall be land other than that under any water body, bog, swamp, wet meadow, marsh, or other wetland, as defined in MGL c. 131, § 40, as amended.
LOT LINE
A line dividing one lot from another or from a street or any public place.
LOT WIDTH
Lot width shall be determined such that the center of a circle having a minimum diameter of at least 80% of the required frontage of the lot can be passed along a continuous line from the front lot line along which the frontage of the lot is measured to all points of the principal structure on the lot without the circumference intersecting any side lot lines.
LOT, CORNER
A lot with two adjacent sides abutting upon streets.
LOT, COVERAGE
The percentage of lot area covered by buildings and impervious surfaces.
LOT, DEPTH OF
The mean distance from the street line from which frontage is determined of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT, FRONTAGE OF
The continuous portion of the line separating a lot from a street to which the owner of the lot has a legal right of access and to which the owner could provide for vehicular access from the principal building or a required parking space. When a lot is bounded by more than one street, both frontages and setbacks shall meet the minimum frontage and front yard setbacks. However, in the case of a lot bounded by two streets forming an interior angle of more than 135°, their combined frontage between lot lines may be used to satisfy the lot frontage requirement.
LOT, FRONTAGE STREET
A street to which the owner of a lot has a legal right of access and which provides the required lot frontage.
MANUFACTURED HOME
A single-family structure produced by companies on the commonwealth's list of approved manufactured home builders and certified by the Commonwealth of Massachusetts. Also, a dwelling unit that is factory fabricated and transportable, designed to be permanently located on a permanent foundation. For the purpose of this chapter, a modular unit shall not be deemed a mobile home but shall be regarded as a conventional dwelling, subject to the rules and regulations contained herein.
MANUFACTURING
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.
MARIJUANA
All parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinol as defined in MGL c. 94G, § 1, provided that "marijuana" shall not include:
(1) 
The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;
(2) 
Hemp; or
(3) 
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, any other type of licensed marijuana-related business, or combination thereof for recreational and/or medical use.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RETAILER
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MARIJUANA TESTING FACILITY
An entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.
MARIJUANA TRANSPORTATION OR DISTRIBUTION FACILITY
An entity with a fixed location that delivers marijuana and marijuana products to marijuana establishments and transfers marijuana and marijuana products to other marijuana establishments, but not to consumers. This shall include the temporary storage of marijuana products on premises associated with their transportation and distribution.
MEDICAL CLINIC OR OUTPATIENT MEDICAL FACILITY
A private or public health care clinic or other similar community health care facility providing diagnosis and ambulatory emergency medical care to persons on an exclusively outpatient basis as a principal use. A medical clinic or outpatient medical facility may also be accessory to a hospital.
MEDICAL OFFICE
A medical, dental, or psychiatric practice offering medical or dental services on an outpatient basis. A medical or dental office may also contain associated in-house ancillary services such as diagnostic testing facilities, counseling services, chiropractic, physical therapy, massage therapy, acupuncture, holistic therapy, and/or similar service.
MIXED USE
A structure or structures featuring nonresidential uses on the first floor of the building or buildings which front the public way or other frequently trafficked pedestrian travel routes and one or more residential or other permitted uses on any other floor or in any other structure on the same lot. In the case of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used.
MOBILE HOME
A dwelling built upon a chassis, containing complete electrical, plumbing and sanitary facilities, and designed without necessity of a permanent foundation for year-round living, irrespective of whether actually attached to a foundation or otherwise permanently located.
MOTEL or HOTEL
A building or buildings intended and designed for transient, overnight or extended occupancy, divided into separate units within the same building, with or without a public dining facility. If such hotel or motel has independent cooking facilities, such unit shall not be occupied by any guest for more than four continuous months, nor may the guest reoccupy any unit within 30 days of a continuous four-month stay, nor may the guest stay more than six months in any calendar year. No occupant of such hotel or motel may claim residency at such location.
MOTOR VEHICLE BODY REPAIR
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, but does not include the storage of vehicles for the cannibalization of parts.
MOTOR VEHICLE GENERAL REPAIRS
Premises for the servicing and repair of autos, but not to include fuel sales.
MOTOR VEHICLE LIGHT SERVICE
Premises for the supplying of fuel, oil, lubrication, detailing or minor repair services, but not to include body work, painting, or general repairs.
MUNICIPAL USE
Facilities owned or operated by the City.
NONCONFORMING STRUCTURE
Any structure which does not conform to dimensional regulations or to the parking and loading requirements of this chapter for the district in which it is located, provided that such structure was in existence and lawful at the time of the publication of the first notice of the public hearing before the City Council or Planning Board respecting the regulation to which it does not conform.
NONCONFORMING USE
A use of a building, structure or lot that does not conform to the use regulations of this chapter for the district in which it is located, provided that such use was in existence and lawful at the time the applicable provisions of this chapter or prior zoning ordinances became effective.
NURSING OR CONVALESCENT HOME
Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OFFICE BUILDING
A principal building, not attached to any other building, designed and used for office use.
OPEN SPACE
The parts of a lot designed and developed for pleasant appearance in trees, shrubs, ground cover and grass, including other landscaped elements, such as natural features of the site, walks and terraces. Such space shall not include rooftops or areas of a lot used for parking, access drives or other hard-surfaced areas except walks, and terraces as noted above, designed and intended for nonvehicular use. Such hard-surfaced walks and terraces shall not exceed 25% of the total required landscaped open space.
OPEN SPACE RESIDENTIAL DEVELOPMENT (OSRD)
A residential development in which the building and accessory uses are clustered together, with reduced lot sizes, into one or more groups in order to preserve open space and common open space and protect natural resources. The land not included in the building lots and streets shall be permanently preserved as common open space.
PARKING STRUCTURE or PARKING AREA
A structure, building or lot or part of a lot which is accessory to a residential, commercial or industrial establishment and is primarily for the parking and storage of vehicles operated by the occupants, customers, visitors and employees of such an establishment or residence.
PERSONAL SERVICE ESTABLISHMENT
A facility providing personal services, such as hair salon, barbershop, tanning beds, dry cleaning, print shop, photography studio, and the like.
PLANNED UNIT DEVELOPMENT (PUD)
A mixed residential, business, and institutional development with extensive open space where the uses are integrated with each other.
RESTAURANT
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 sale and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjunct to the main indoor restaurant facility. The term "restaurant" shall not include a fast-food restaurant.
RESTAURANT, FAST-FOOD
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 either within the restaurant building or off premises, and usually requires ordering food at a fast-food counter.
ROOMING HOUSE
A house for which the principal use is the renting of room(s) to transient persons. This may include shared bathroom facilities.
SETBACK, FRONT, REAR AND SIDE
The minimum distance required from the property line to the principal structure in the front, side and rear yards, respectively.
SIGN
Any device designed to inform or attract the attention of persons not on the premises on which the device is located. Any building surfaces other than windows which are internally illuminated or decorated with gaseous tube or other lights are considered signs. The following, however, shall not be considered signs within the context of this chapter:
(1) 
Flags and insignia of any government.
(2) 
Legal notices or informational devices erected or required by public agencies.
(3) 
Temporary devices with a display area no larger than three square feet erected, promoting or concerning an event, provided that they are placed no more than 30 days before the event and removed within seven days after the event.
(4) 
Temporary displays inside windows, covering not more than 30% of window area, illuminated by building illumination only.
(5) 
Standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline.
(6) 
Integral decorative or architectural features of a building, except letters, trademarks, moving parts, or parts internally illuminated or decorated with gaseous tube or other lights.
(7) 
Devices identifying a building as distinct from one or more of its occupants, such device being carved into or attached in such a way as to be an integral part of the building, not illuminated separate from building illumination, without color contrasting with sign background, and not exceeding four square feet in area.
(8) 
Address identification through numerals or letters not exceeding three inches in height.
(1) 
The permit process administered by the special permit granting authority as authorized by MGL c. 40A, § 9.
(2) 
An authorization given by the special permit granting authority to use property in accordance with the regulations of this chapter.
STORY
The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is four or more feet above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed a story if unfinished and without human occupancy.
STREET
An accepted City way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the Subdivision Control Law (MGL c. 41, § 81) built to specifications or construction guaranteed by adequate security, or a way determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
STREET CENTER
Center line of a street.
STREET LINE
Edge of right-of-way of a street.
STREET RIGHT-OF-WAY
The property in which a street is built. Also, the property held by the City adjoining the pavement and shoulders of a street.
STRUCTURE
A combination of materials assembled at a fixed location to give support or provide shelter or satisfy other purposes.
SUBDIVISION CONTROL LAW
MGL c. 41, §§ 81 K to 81GG.
TEMPORARY STORAGE UNIT
A reusable vessel, container or pod, having interior dimensions of not less than 200 cubic feet, that is designed or used for packing, shipping, storing, moving or transporting freight, articles, goods, personal property, or commodities and is capable of being mounted on or moved by rail car, truck, or trailer. A temporary storage unit shall not consist of any reusable vessel defined above being utilized in connection with an active and valid building permit.
TEMPORARY STRUCTURE
A structure, without any foundation or footings, to be removed in accordance with the time set forth in the building permit, but in no event longer than within a twelve-month time period.
TRAILER
A highway vehicle designed, constructed and equipped for use as a dwelling and which is capable of being hauled or towed, or is self-propelled, including any such vehicle so converted as would make it immobile.
TRAILER OR MOBILE HOME COURT
A parcel of land on which there is located or intended to be located two or more trailers or mobile homes occupied for living purposes where all utility service is supplied.
TRANSIENT BUSINESS
A temporary exhibition and sale of goods, wares or merchandise which is carried on in a tent, booth, vehicle, building or other structure.
TRANSIENT VENDOR
A person, either principal or agent, who engages in a temporary or transient business in the commonwealth selling goods, wares or merchandise, either in one locality or in traveling from place to place; provided, however, that this shall not include a person operating under a written agreement with a licensed promoter.
TRANSPORT TERMINAL
Terminal facilities and/or yard for storage of or servicing trucks and/or freight trains with or without a warehouse for the temporary storage of goods in transit and with or without maintenance facilities.
USE
The purpose for which a building or land is designed, arranged, or intended or for which a building or a tract of land is or may be occupied or maintained.
WAREHOUSE
A building used primarily for the storage of goods and materials for distribution but not for sale on the premises.
YARD
A space open to the sky, located between a building or structure and a lot line, unoccupied except by fences, walls, poles, paving, and other customary yard accessories.
YARD, FRONT
A yard extending the full width of the lot and situated between the street line and the nearest point of the building.
YARD, REAR
A yard the full width of the lot and situated between the rear line of the lot and the nearest part of the main building projected to the side line of the lot.
YARD, SIDE
A yard situated between the nearest point of the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.