In this bylaw the following terms shall have the following meanings
unless other meaning is required by the context or is specifically
prescribed:
Refers to the Department of Public Health (DPH) regulations
entitled, "Implementation of an Act for the Humanitarian Medical Use
of Marijuana."
A measurement of height from the natural grade of a site
to the highest point of a structure.
A structure customarily incidental to and located on the
same lot with the principle structure, or on contiguous lots held
under the same ownership.
A use customarily incidental to and secondary to the allowed
use and not detrimental to the neighborhood.
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines, and other matter which are
distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in M.G.L.,
Chapter 272, Section 31, as amended.
Any commercial establishment which, as a form of entertainment,
features:
a person or persons who appear in a state of nudity, or;
live performances which are characterized by an emphasis on
the exposure or opaque covering of human genitals, pubic region, buttock(s),
female breast(s) below a point immediately above the top of the areola,
and human genitals in a state of sexual arousal, or relating to sexual
conduct or sexual excitement, as defined in M.G.L., Chapter 272, Section
31, as amended, or;
films, motion pictures, video cassettes, Compact disks, slides,
photographic reproductions, or other visual and/or audio media, regardless
of form or method of presentation, which are characterized by the
depiction or description of anatomical areas specified as above, or
relating to any sexual activity, including sexual conduct or sexual
excitement, as defined in M.G.L. Chapter 272, Section 31, as amended.
To include all Adult Bookstores, Adult Dance Clubs, Adult
Motion Picture Theaters, Adult Paraphernalia Stores, and Adult Video
stores, as defined in this Zoning Bylaw and in M.G.L., Chapter 40A,
Section 9A, as amended.
An enclosed building used for presenting material (motion
picture films, video cassettes, cable television, slides, or any other
visual and/or audio media) distinguished by an emphasis on matter
depicting, describing, or relating to sexual conduct or sexual excitement
as defined in M.G.L., Chapter 272, Section 31, as amended.
An establishment having as a substantial or significant portion
of its stock devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement, as defined in M.G.L., Chapter
272, Section 31, as amended.
An establishment having as a substantial or significant portion
of its stock, whether for sale or rent, motion picture film, video
cassettes, compact disks, Digital Video Disk (DVD), or other visual
and/or audio media, regardless of form or method of presentation,
which are distinguished or characterized by their emphasis depicting,
describing, or relating to sexual conduct or sexual excitement as
defined in M.G.L., c. 272, § 31, as amended.
A secondary, separate housekeeping unit of limited size,
with its own sleeping, cooking and sanitary facilities, located within,
attached to, or adjacent to a primary single-family dwelling unit.
An affordable accessory apartment shall have deed restrictions that
hold rent to affordable housing guidelines set by the Town.
A contract, mortgage agreement, deed, restriction or other
legal instrument, acceptable in form and substance to the Town of
Yarmouth, that effectively restricts occupancy of an affordable housing
unit to qualified purchaser or qualified renter and which provides
for administration, monitoring and enforcement of the restriction
during the term of affordability. An affordable housing restriction
shall run with the land in perpetuity or for the maximum period of
time allowed by law, and be enforceable under the provision of M.G.L.
c. 184, § 26 or 31-32.
A dwelling unit reserved in perpetuity for ownership or rental
by a household earning less than 80% of area median family income,
and priced to conform with the standards of the Massachusetts Department
of Housing and Community Development (DHCD) in order that such affordable
units shall be included in the DHCD Subsidized Housing Inventory.
The Area Medium Income (AMI) of the Barnstable-Yarmouth,
MA Metropolitan Statistical Areas (MSA) as defined in the annual schedule
of low- and moderate-income limits published by the U.S. Department
of Housing and Urban Development (HUD), and adjusted for household
size.
As allowed for in the VCOD, a town operated, state or federally
aided housing development, or self-contained retirement community,
which consists of multi-family dwellings designed and reserved specifically
to accommodate the semi-independent elderly population. Such multi-family
housing shall include group facilities for dining, food preparation,
and social interaction. Elderly shall mean those persons aged fifty-nine
(59) or older. Assisted Living Retirement Communities shall be made
up of (1) or two (2) bedroom units. Such units shall be designed to
accommodate one (1) or two (2) elderly persons. Aside from the bedroom(s)
and bath(s), the unit may have, but is not required to have, a small
kitchen and/or small living room. Assisted Living Retirement Communities
shall have no more than twenty percent (20%) two (2) bedroom units.
Units developed under Assisted Living Retirement Communities shall
not be subject to Section 412.2, Inclusionary Zoning.
An owner occupied dwelling offering accommodations, with
or without meals, for rental to more than three (3) and fewer than
twelve (12) persons.
Means the practice of physical body adornment by permitted
establishments and practitioners using, but not limited to, the following
techniques: tattooing, and cosmetic tattooing. This definition does
not include practices that are considered medical procedures by the
Board of Registration in Medicine in the Commonwealth, such as implants
under the skin, which shall not be performed in a body art establishment.
Means a specified place, location, premises, or business
that has been granted a permit by the Board of Health, whether public
or private, where the practices of Body Art are performed, whether
or not for profit.
Facilities operated on a seasonal basis for a continuing
supervised recreational, health, educational, religious and/or athletic
program, with persons enrolled for periods of not less than one (1)
week, shall include but not be limited to such facilities as Boy Scouts
camps, YMCA camps, tennis camps, or other similar facilities, with
or without overnight accommodations.
An establishment that produces and sells beer, malt, wine,
or hard cider beverages for consumption and retail sale on the premises,
and not for off-site distribution. May include other uses such as
a restaurant, including outdoor consumption and/or dining if otherwise
permitted in the zoning district.
Chief Officer of the Yarmouth Building Department.
The vertical dimension to the top of the highest portion
of the roof of a structure. Building height shall be measured as outlined
in Section 203.4.2 Table of Maximum Building Height.
The number of habitable stories exposed above the average
grade on the street side of a building. When facing on more than one
street, the side yielding the most number of stories shall determine
the building height in stories. A basement shall be considered a story
if it is exposed more than three and one-half (3.5) feet above grade
on the street side. Building height shall be measured as outlined
in Section 203.4.2 Table of Maximum Building Height.
The measurement of the diameter of a shrub or tree, in inches,
in accordance with the American Standard for Nursery Stock, ANSI Z60.1,
as amended.
A facility that is painted, buried, disguised, hidden, part
of an existing or proposed structure or placed within an existing
or proposed structure so as to reduce to a minimum the visual impact
of the facility is considered "camouflaged."
Premises with sited used for travel trailers, campers, tenting
or for temporary overnight facilities of any kind, where a fee is
charged.
Includes but is not limited to:
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BOAT — Any inboard, outboard or sail watercraft,
open or cabin type.
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CAMPING TRAILER — A canvas, folding structure
mounted on wheels and designed for travel, recreation and vacation
use.
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MOTOR HOME — A portable, temporary dwelling
to be used for travel, recreation and vacation, constructed as an
integral part of a self propelled vehicle, having a body width not
exceeding eight (8) feet and a body length not exceeding thirty-two
(32) feet.
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PICKUP COACH — A structure designed primarily
to be mounted on a pickup truck chassis and with sufficient equipment
to render it suitable for uses as a temporary dwelling for travel,
recreational and vacation use.
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TRAVEL TRAILER — A vehicular, portable structure
built on a chassis designed to be used as a temporary dwelling for
travel, recreational, and vacation uses, permanently identified "travel
trailer" by the manufacturer of the trailer and having a body width
not exceeding eight (8) feet and a body length not exceeding thirty-two
(32) feet.
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Facilities operated on a seasonal basis for a continuing
supervised recreational, health, educational, religious and/or athletic
program, with persons enrolled for periods of not less than one (1)
week, and shall include, but not be limited to, such facilities as
Boy Scouts' camps, YMCA camps, tennis camps or other similar
facilities, with or without overnight accommodations.
A company authorized by the FCC to provide a telecommunications
service.
The premises or buildings of a nonprofit organization exclusively
servicing members and their guests for recreational, athletic or civic
purposes, but not including any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club. This shall not include clubs or organizations whose
chief activity is a service customarily carried on as a business.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
For the purposes of the VCOD bylaw, meaning an individual
business, corporation, owner or tenant.
Any antenna, microwave dish, satellite dish, panel, device,
wiring, repeater, or equipment utilized in connection with the generation,
transmission, reception, or detection of electromagnetic radiation.
Any building utilized primarily for the installation and/or
operation of equipment for generating, transmitting, receiving, or
detecting of electromagnetic radiation and which is accessory to a
communication tower or antenna.
Any building, structure, pole, mast, tripod, monopole, or
tower, free-standing or supported, or in association with a building
or other permanent structure or equipment, utilized for the generating,
transmitting, receiving, or detecting of electromagnetic radiation.
A land use facility supporting antennas and/or microwave
dishes used for the reception or transmission of electromagnetic radiation.
The term Communications Facility includes any appurtenant structures,
buildings, antennas, or towers.
Those lots having a common boundary equal in length to at
least one-half (1/2) the total length of the longer boundary adjoining.
Premises used by a building contractor or subcontractor principally
for storage of equipment and supplies, fabrication of subassemblies
or parking of wheeled equipment.
A lot with frontage on two streets, and located at their
intersection. Frontage for a corner lot shall be measured to the middle
of the curve of the intersecting streets.
A facility operated on a regular basis whether known as a
child nursery, nursery school, kindergarten, child play school, progressive
school, child development center, or preschool, or known under any
other name, which receives children not of common parentage under
7 years of age, or under 16 years of age if those children have special
needs, for nonresidential custody and care during part or all of the
day separate from their parents. Day care center shall not include:
any part of a public school system; any part of a private, organized
educational system, unless the services of that system are primarily
limited to kindergarten, nursery or related preschool services; a
Sunday school conducted by a religious institution; a facility operated
by a religious organization in which children are cared for during
short periods of time while persons responsible for the children are
attending religious services; a family day care home; an informal
cooperative arrangement among neighbors or relatives; or the occasional
care of children with or without compensation.
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premise and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle. This shall not
include the selling of fuel at a filling station or the accessory
function of a carwash facility, such as vacuum cleaning stations.
A building or part of a building used exclusively as the
living quarters for one (1) or more families.
A single unit providing complete, independent living facilities
for one (1) or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
See Multi-family dwelling.
See Single-family dwelling.
See Two-family dwelling.
Premises used for systematic instruction or for the imparting
of knowledge, and either operated by a public agency or licensed or
accredited by the Commissioner of Education.
Shall mean the Electronics Industries Association.
The measurement of height above sea level.
Property owned by an employer which is utilized to provide
housing for employees or staff. All housing units shall be a minimum
of 300 gross square feet (sf) and meet the definition of Housing and
Dwelling Unit. Unacceptable forms of employee housing include camp
sites, tents, RVs, mobile homes or campers. This definition does not
apply to employee housing at motels/hotels. The employer shall designate
an on-site manager/proctor for each property so utilized.
An EA is the document required by the Federal Communications
Commission (FCC) and the National Environmental Policy Act (NEPA)
when a personal wireless service facility is placed in certain designated
areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
Any building or group of buildings that contain six (6) or
more guest rooms intended to be occupied on a transient basis having
one or more rooms including separate bathroom, kitchen, living and
sleeping areas in each unit. All guest rooms in an Extended Stay Hotel
shall meet the operational standards established in section 404.3.8
(Operational Standards for Extended Stay Hotels). The definition of
extended stay hotel shall not include dwelling units and are not meant
for permanent occupancy, with the exception of On-Site Property Managers
at Extended Stay Hotels.
Shall mean the Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a tower. The fall zone is the area within which there is a
potential hazard from falling debris (such as ice) or collapsing material.
An individual or two (2) or more persons related by blood
or marriage, or a group of not more than five (5) persons not so related,
living together as a single housekeeping unit.
A private residence which, on a regular basis, receives for
temporary custody and care during part or all of the day, children
under 7 years of age, or children under 16 years of age if those children
have special needs, and receives for temporary custody and care for
a limited number of hours children of school age under regulations
adopted by the Massachusetts Board of Early Education and Care. The
total number of children under 16 in a family day care home shall
not exceed 6, including participating children living in the residence.
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.
A secondary, separate housekeeping unit of limited size,
with its own sleeping, cooking and sanitary facilities, which is located
within, attached to, or adjacent to a primary single-family dwelling
unit.
A predominantly local fresh food and produce market that
operates regularly at a public location which provides a suitable
environment for local farmers and food producers to sell their locally
grown farm origin product and their associated value added locally
made primary products directly to customers.
Shall mean the Federal Communications Commission.
The apparent reflection or shadow visual impact of the moving
turbine blade when a wind turbine is operating.
Shall be measured to the outside of the building with no
deductions for accessory unoccupied areas such as hallways, stairs,
closets, thickness of walls, columns or other such features.
A room or suite of rooms in a hotel, motel, motor inn or
guesthouse, suitable for separate rental.
A structure similar in character, both interior and exterior,
to a single-family dwelling, owner-occupied, in which overnight lodging
is offered in five (5) or fewer guest rooms.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A floor level situated wholly or partly under a sloping roof,
suitable for a dwelling unit or portion thereof, in which the ceiling
area (in plan projection) at a height of at least 7'-0" above
the finish floor is not more than 1/2 the area (50%) of the floor
level immediately below. Floor space located where the ceiling height
is less than 7'-0" shall not be considered as part of the 50%
calculation. A habitable attic shall meet all other applicable requirements
of the Massachusetts State Building Code.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
Such a floor must be capable of supporting the prescribed floor load
for the use as designated in the Massachusetts State Building Code.
Means a registration issued by the Massachusetts Department
of Public Health to a registered qualifying patient under the requirements
of 105 CMR 725.035, allowing for a registered qualifying patient or
his/her registered personal caregiver to cultivate a limited number
of plants sufficient to maintain a 60-day supply of medical marijuana
solely for that patient's use, at either the registered qualifying
patient's primary residence or one personal caregiver's
primary residence.
A business use conducted for gain or support within a dwelling
unit, or structure accessory thereto, which is incidental and secondary
to the primary residential use, and which does not change the essential
residential character of such building or neighborhood. Home Occupations
are subject to the conditions outlined in Bylaw Section 416.
A non-residential use conducted within a dwelling unit that
is accessory to the primary residential use and carried on by a permanent
resident of the dwelling unit. Allowed home office occupations include
office-type activities, conducted by telephone, computer, fax and
mail, with no signs, no storage, no employees, no clients/customers
visiting the premises, no on-site retail, no outdoor activities and
no deliveries or shipping other than through the US Postal Service,
FedEx, UPS or similar services.
A facility for the care and treatment of patients as licensed
by the Massachusetts Department of Public Health under M.G.L., c.
111, § 51 or 71, as amended.
See Motel or Hotel.
Dwelling units for rent or sale by any person or entity,
to be used for purposes of residential, rental, employee, or affordable
housing, and consisting of either one or more dwelling units on a
single lot, and comprised by any one or more of the following: single
units, duplexes, townhouses, apartments, condominium units, top-of-the-shop
housing, multi-family, mixed uses, or non-year-round vacation dwelling
units, or any combination thereof.
A commercial recreational facility, enclosed by walls and
a roof, engaged in activities including but not limited to facilities
for aquatic recreation, such as water slides, swimming pools, splash
pads, water playgrounds, and other recreational water activities.
See Guesthouse.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate
a personal wireless service facility.
A program administered by the Massachusetts Department of
Housing and Community Development (DHCD) pursuant to 706 CMR 45.00
to develop and implement local housing initiatives that produce low-
and moderate-income housing.
That portion of a lot fronting upon and having rights of
access to a way providing legally sufficient frontage for a division
of land under the requirements of M.G.L., c. 41, § 81L.,
to be measured continuously along a single street line.
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FRONT — The boundary line separating street
from lot.
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SIDE — The boundary line connecting front
and rear lot lines. In the case of corner lots, generally all lot
lines other than the front lot line are to be considered side lot
lines.
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REAR — The boundary line connecting side lot
lines farther from and approximately parallel to, the front lot line.
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A household with income at or below 80% of Area Medium Income
(AMI), adjusted for household size, for the Barnstable-Yarmouth, MA
Metropolitan Statistical Areas (MSA), as determined annually by the
U.S. Department of Housing and Urban Development (HUD).
Has the meaning given "marihuana" in Chapter 94C of the Massachusetts
General Laws. The term also includes marijuana infused products (MIPs).
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business, which shall each have those meanings set
forth in MGL c. 94G.
Means a product infused with medical marijuana that is intended
for use or consumption, including but not limited to edible products,
ointments, aerosols, oils, and tinctures. These products, when created
or sold by a RMD, shall not be considered a food or a drug as defined
in M.G.L. c. 94, s. 1. These products may only be created or sold
by a Registered Marijuana Dispensary.
All dwelling units that are not affordable housing units
as defined herein.
For homeownership units, a purchase price that is affordable
to a low- or moderate-income household paying no more that 30% of
gross monthly income for a mortgage payment, property taxes, insurance
and condominium fees, where applicable; and for rental units, a monthly
rent that is affordable to a low- or moderate-income household paying
no more than 30% of its gross monthly income for rent and utilities.
The household income used to compute the maximum affordable purchase
price or rent shall be adjusted for household size, considering the
household size for which a proposed affordable unit would be suitable
under the guidelines of the DHCD Local Initiative Program or, where
no such guidelines exist, under regulations adopted by the Board of
Selectmen.
See Definition for Registered Marijuana Dispensary (RMD).
Provision of parking for any of the uses allowed within the
MOD.
A combining of commercial (retail, office and/or service)
use(s) with a residential use on the same or contiguous lot.
Means a food establishment that is located upon a vehicle,
or which is pulled by a vehicle, where food or beverage is cooked,
prepared and served.
Any vehicle or object designed for movement on wheels and
having no motive power of its own, but which is drawn by or used in
connection with a motor vehicle, and which is so designed and constructed,
or reconstructed or added to by means of such accessories, as to permit
the use and occupancy thereof for human habitation, whether resting
on wheels, jacks or other foundation, and shall include the type of
construction commonly known as "mobile home," having a body width
exceeding eight (8) feet and a body length exceeding thirty-two (32)
feet.
Premises planned and improved for the rental of spaces for
two (2) or more mobile homes.
A movable structure designed for year-round occupancy, used
for office or other nonresidential activity.
The type of tower that is self-supporting with a single shaft
and provision for mounting antennas.
The creation of Housing within or upon an Applicable Property
under Section 404 which was not created by virtue of a Raze and Replacement
or new construction, but through the conversion and redevelopment
of existing motel structures.
Any building, other than a guesthouse, containing six (6)
or more guest rooms intended to be occupied on a transient basis,
may contain, in the guest rooms, microwave ovens of 800 watts or less,
coffee-makers, refrigerators and sinks. For those guest rooms of 375
square feet of area or more, a two-burner electric cook-top may be
allowed. For those guest units of 375 square feet of area or more
with in-room fire suppression systems (sprinklers), a traditional
toaster may be allowed. In no case shall an oven, other than a microwave
oven described herein, be permitted in motels or hotels, except as
outlined in Section 404, the Motel Bylaw.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A building or portion thereof containing more than two (2)
dwelling units and not classified as a one or two-family dwelling.
Multi-Family Dwellings defined in Section 500 of this Bylaw,
and which meet the criteria set forth herein.
A wind energy facility located on land owned or controlled
by the Town of Yarmouth. Such a wind energy facility may be owned,
constructed and/or operated by the Town or other entity. (see also
WIND ENERGY FACILITY).
See Greenhouse.
Any dwelling or building with sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire, as licensed by the Massachusetts Department of Public Health
under G.L., ch. 111, sec. 71 through 73, as amended.
An employee residing year-round at a licensed extended stay
hotel for the purpose of management, maintenance and security of the
property.
An employee residing year-round at a licensed hotel or motel
for the purpose of management, maintenance and security of the property.
A flat surface communication antenna.
A uniform, hard, smooth covering which will bear travel by
vehicles or by pedestrians in all seasons, or which is used in conjunction
with certain sports or recreational activities. It includes concrete,
bituminous concrete, oil-penetrated gravel, brick and paving stone,
but shall not include such materials as gravel, crushed clamshells
or any other similar material.
Digital wireless telephone technology such as portable phones,
pagers, faxes, and computers. Such mobile technology promises to allow
each consumer to use the same telephone number wherever he or she
goes. Also known as Personal Communications Network (PCN).
A communications facility for the provision of personal wireless
services, as defined by the Telecommunications Act of 1996.
A type of service regulated by this Bylaw, and as defined
by the Telecommunications Act of 1996.
Premises accommodating a gathering of fifty (50) or more
individuals for purposes not more specifically categorized in this
bylaw.
A sign erected to acknowledge the providers of a public service,
to promote a public service activity, or to acknowledge a donation
for public use.
A low- or moderate-income household that purchases an affordable
housing unit as its principal residence, and has not owned housing
property for three years, or is a displaced homeowner, or is an age
qualified household, both as defined in Dept. of Housing & Community
Development (DHCD) Local Initiative Program (LIP) guidelines, or a
low- or moderate-income household that rents an affordable housing
unit as its principal residence.
An engineer specializing in microwave engineering, especially
the study of radio frequencies.
The emissions from Personal Wireless Service Facilities.
The voluntary removal of one hundred percent (100%) of all
pre-existing structural materials and mechanical systems of a structure
or structures, exclusive of foundations, and the replacement of those
materials and systems with new materials and systems pursuant to the
creation of Housing.
Means a not-for-profit entity registered under 105 CMR 725.100,
also known as a Medical Marijuana Treatment Center, 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.
RMD refers to the site(s) of dispensing, cultivation, and preparation
of marijuana.
Means a person, registered by the Massachusetts Department
of Public Health (DPH) under 105 CMR 725.000, who has agreed to assist
with a registered qualifying patient's medical use of marijuana.
Means a qualifying patient who has applied for and received
a registration card from the Massachusetts Department of Public Health
under 105 CMR 725.000.
Premises principally used for public worship, religious instruction
or other expression of an integrated system of theological teachings
or beliefs.
Energy generated by: solar — photovoltaic (PV) and
thermal; wind; biomass power conversion or thermal technologies, including
R & D related to or manufacture of wood pellets; ultra low emissions
high efficiency wood pellet boilers and furnaces; low impact hydro-electric
and kinetic; ocean thermal, wave or tidal; geothermal; landfill gas;
fuel cells that use renewable energy; advanced biofuels; combined
heat and power; electric and hydrogen powered vehicles and associated
technologies, including advanced batteries and recharging stations.
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.
A wind energy conversion system consisting of a wind turbine,
a tower and associated controls or conversion electronics which is
primarily intended to reduce the on-site consumption of utility power
for a single or two-family dwelling.
The area forming a circle, the center of which shall be located
at the center point of the base of the tower, and the radius of which
shall be no less than the total extended height of the RWES plus ten
feet.
The height of a RWES is measured from the average natural
grade at the base of the RWES to a blade tip at its highest point
of travel. For a RWES mounted on a residential dwelling, the total
extended height shall be the height as measured from the lowest point
of attachment to the structure to a blade tip at its highest point
of travel.
A currently licensed motel or hotel property, a portion of
which is utilized to provide temporary seasonal housing for employees
or staff, 18 years or older, who are seasonally employed by a business
located within the borders of Yarmouth for more than 24 hours per
week. All Seasonal Employee Housing at Motels/Hotels shall be conducted
in accordance with the definitions, requirements and provisions of
Section 404.5 — Seasonal Employee Housing at Motels/Hotels.
Use of a lot or structure for one hundred and eighty (180)
days or less per year on the average. An applicant may show otherwise
by providing evidence such as utility bills, U.S. Post Office records,
sworn affidavits from three (3) abutting year-round residents, or
other evidence satisfactory to the Building Commissioner.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
A business establishment engaged in providing, or making
available for use, lease, rent, or hire to customers, storage spaces,
bins, units, compartments, or similarly defined storage areas, including
outdoor areas, which are under the control of, or individually accessible
to, the customer.
Any physical symbol which is intended or designed to identify,
advertise, or promote a product, service, business, or the name, ownership
identity or control of a premises. This shall include all physical
symbols which in any way relate to the business or activity conducted
or sought on the premises, and which are visible to or are intended
or likely to attract the attention of persons who are not on the premises
where the business or activity is conducted or sought.
Shall be determined by the multiplication of the extreme
width and the extreme height, including boarders and without deductions
for open space or other irregularities.
A structure containing one (1) dwelling unit with not more
than three (3) lodgers or boarders.
Any premises used for the shelter and feeding of horses for
remuneration, hire or sale.
An area of stacking spaces and driving lane provided for
vehicles waiting for drive-through service that is physically separated
from other traffic and pedestrian circulation on the site.
An area within a stacking lane for vehicles waiting to order
and/or finish a drive-through transaction. Stacking spaces must be
no less than 10 feet wide by 23 feet long.
A combination of materials assembled at a fixed location
to give support or shelter, or anything constructed or erected, the
use of which requires a fixed location on the ground, including but
not limited to buildings, mobile homes, swimming pools having a capacity
of four thousand (4,000) gallons or more, piers, jetties, signs, fences,
radio antennas, and retaining walls. The word "structure" shall be
construed, where the context requires, as though followed by the words
"or part or parts thereof." For the purposes of the Sign Code (section
303), a sign is not to be considered a structure.
The Massachusetts Department of Housing and Community Development
Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04.
Shall include, but not be limited to, fifteen percent (15%)
of the subject establishment's inventory stock or more than fifteen
percent (15%) of the subject premises's retail (public) floor
area.
A building containing a central system of switches and other
equipment and personnel that establishes connections between individual
telephones. It shall not include facilities for servicing individual
telephones, truck or equipment storage, business offices or any other
facility or office not directly related to the switching system.
An outdoor municipal, cultural, educational, religious, social,
charitable, or other program, occasion or activity including, but
not limited to carnivals, festivals, special events, arts and craft
fairs, car or boat shows, recreational activities, theatrical productions,
or concerts, conducted on an intermittent basis. Temporary Outdoor
Recreation does not apply to events that are considered accessory
to an allowed use or business.
The sale or multi-year lease of a dwelling unit or a guest
unit for specific recurring periods of less than ninety (90) days
during the course of a year.
The creation or redevelopment of Housing on the second and/or
third floor of a structure, whose first floor is used for commercial,
industrial or office uses.
For purposes of the limitations of an Extended Stay Hotel,
occupancy shall be limited to temporary and short term occupancy,
ordinarily and customarily associated with hotel use. Extended Stay
Hotels shall be permitted to have continuous occupancy of up to ninety
(90) calendar days. No entity, corporation or person may occupy or
book a unit or units for more than ninety (90) continuous calendar
days, without prior approval of the Building Commissioner. Such approval
shall only be granted when an occupant has a verifiable employment
contract or agreement coincident with the length of stay requested.
Transient occupants must have, and be able to demonstrate that they
maintain, a principal place of residence elsewhere. Use of an extended
stay hotel guest unit as a residence, or dwelling unit, shall not
be considered transient. This definition does not apply to On-Site
Property Managers at Extended Stay Hotels and does not apply to motels
or hotels not meeting the definition of Extended Stay Hotel.
For purposes of the limitations of motel or hotel use, Transient
occupancy shall be limited to the temporary and short term occupancy,
ordinarily and customarily associated with motel and hotel use. Transient
occupants must have, and be able to demonstrate that they maintain,
a principal place of residence elsewhere. Transient occupancy shall
generally refer to continuous occupancy of not more than thirty (30)
days, and an aggregate of not more than ninety (90) days within any
six (6) month period. Use of a guest unit as a residence, or dwelling
unit, shall not be considered transient. This definition does not
apply to On-Site Property Managers at Motels/Hotels.
A building containing two (2) dwelling units with not more
than three (3) lodgers or boarders per family.
The dwelling unit sizes for multi-family housing shall be
the usable square footage measured from interior wall to interior
wall, excluding internal walls.
A measure of residential dwelling density; the number of
residential dwelling units located on or proposed for an acre of land,
or a portion thereof. Units-per-acre is determined by dividing the
number of dwelling units by the acreage. In computing units-per-acre,
fractions are rounded to the nearest whole number (for example, 5
dwelling units on 0.37 acres = 13.51 units per acre would be understood
to be a density of 14 units per acre, whereas 7 dwelling units on
1.7 acres = 4.11 units per acre would be understood to be a density
of 4 units per acre).
An area that is aesthetically and/or culturally valuable
due to its visual significance and is visible from public roads.
Any beach, dune, land under the ocean, land under a water
body, coastal bank, inland bank, tidal flat, salt marsh, fresh water
marsh, brackish marsh, pond, lake, stream, creek, river, ocean, embayment,
estuary, vegetated wetland (including bogs), swamp, or vernal pool.
All equipment, machinery, and structures utilized in connection
with wind-generated energy production and usage, including related
generation, distribution, transmission, and storage or supply systems
whether underground, on the surface of the ground, or overhead, and
other equipment or byproducts in connection therewith, including but
not limited to wind turbine (rotor, electrical generator, and tower),
anemometers (wind measuring equipment), transformers, substation,
power lines, control and maintenance facilities, and access and service
roads.
Equipment used in wind-generated energy production. Wind
turbines capture the kinetic energy of the wind and convert it into
electricity. Primary components are the rotor (blade assembly), electrical
generator, and supporting tower.
An open space, unoccupied and unobstructed by any structure
except: fences, walls, poles, posts, paving, and other customary yard
accessories, ornaments and furniture, and ramps, landings and similar
structures needed for handicapped access.
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Cornices, window sills, belt courses and other ornamental features
may project not more than eighteen (18) inches; bay/bow windows, greenhouse
windows may not project more than twenty-four (24) inches and chimneys
may project not more than thirty-two (32) inches into any required
yard.
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