In this chapter, the following terms and constructions
shall apply unless a contrary meaning is required by the context or
is specifically prescribed in the text of the chapter.
A.
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." 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.
The words "business" and "establishment" are used interchangeably.
[Amended 4-30-2012 ATM by Art. 25]
B.
ACCESSORY BUILDING
ACCESSORY USE
ADULT DAY-CARE FACILITY
ADULT ENTERTAINMENT ESTABLISHMENT
(1)
(2)
(3)
(4)
(5)
AGRICULTURAL USE, NONEXEMPT
ALTERATION
ALZHEIMER'S FACILITY
ANIMAL CLINIC OR HOSPITAL
ASPHALT MANUFACTURING PLANT
ASSISTED LIVING FACILITY
BANK, FINANCIAL AGENCY
BARN SALE, GARAGE SALE, YARD SALE OR FLEA MARKET
BOARDINGHOUSE
BODY ART
BODY ART ESTABLISHMENT
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING, PRINCIPAL
CEMETERY
CHILD-CARE FACILITY
CLUB or LODGE
COMMERCIAL ENTERTAINMENT/RECREATION, INDOOR
COMMERCIAL RECREATION, OUTDOOR
CONGREGATE LIVING FACILITY
CONTRACTOR'S SHOP/YARD, INDOOR
CONTRACTOR'S YARD, OUTDOOR
DISTRIBUTION AND FULFILLMENT CENTERS
(1)
(2)
(3)
DRIVE-THROUGH WINDOW
DWELLING
DWELLING UNIT
EARTH REMOVAL
EDUCATIONAL USE, NONEXEMPT
ERECT
ESSENTIAL SERVICES
EXEMPT USES
FACILITATED SENIOR LIVING FACILITY
FAIRGROUNDS, CARNIVALS AND SIMILAR OUTDOOR EVENTS
FAMILY
FAMILY DAY-CARE HOME
FARM STAND, NONEXEMPT
FLOOR AREA, GROSS
FLOOR AREA, NET
FLOOR AREA RATIO
FUNERAL HOME
GRANITE OPERATIONS
HAZARDOUS MATERIAL
HEALTH CLUB
HELIPAD
HOME OCCUPATION
HOSPITAL
IMPERVIOUS
INDEPENDENT SENIOR LIVING FACILITY
JUNK
JUNKYARD or AUTOMOBILE GRAVEYARD
KENNEL, COMMERCIAL
KITCHEN
LANDSCAPING
LOT
LOT AREA
LOT, CORNER
LOT, DEPTH OF
LOT, FRONTAGE OF
LOT LINE
LOT, WIDTH OF
MAJOR RECREATIONAL EQUIPMENT
MANUFACTURING, HEAVY
MANUFACTURING, LIGHT
MARIJUANA ESTABLISHMENT
MASSAGE SERVICE ESTABLISHMENT
(1)
(2)
(a)
(b)
(c)
(d)
MEDICAL CLINIC
MEDICAL MARIJUANA TREATMENT CENTER
MEDICAL OFFICE OR CENTER
MOBILE HOME
MOTEL or HOTEL
MOTOR VEHICLE
MOTOR VEHICLE, BODY REPAIR
MOTOR VEHICLE FUELING STATION (gas station)
MOTOR VEHICLE, GENERAL REPAIRS
MOTOR VEHICLE SALES AND RENTAL
MOTOR VEHICLE TOWING AND STORAGE
MOTOR VEHICLE WASHING FACILITY (car wash)
MUNICIPAL FACILITIES
NAMEPLATE CAPACITY
NONFAMILY ACCOMMODATIONS
NURSING/CONVALESCENT/REHABILITATION HOME
OFFICE
OPEN LOT STORAGE
OPEN SPACE, LANDSCAPED
PARKING GARAGE/STRUCTURE
PARKING LOT/AREA
RECHARGE AREA
REFUSE INCINERATOR
RESEARCH AND DEVELOPMENT FACILITIES
RESTAURANT
RESTAURANT, FAST-FOOD
RETAIL
RIDING ACADEMY
SALVAGE YARD
SANITARY LANDFILL
SELF-STORAGE MINI WAREHOUSE
SENIOR or ELDER
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SIGN AREA
SOLAR PHOTOVOLTAIC FACILITY (COMMERCIAL)
SOLID WASTE DISPOSAL FACILITY
STREET
STRUCTURE
TEMPORARY STRUCTURE
TOXIC MATERIAL
TRANSPORT TERMINAL
WAREHOUSING
WIRELESS COMMUNICATION SERVICE
WIRELESS COMMUNICATIONS FACILITY
WOOD OPERATION
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
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.
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.
A use customarily incidental to that of the main or principal
building or use of the land.
A building or structure where care, protection and supervision
are provided, on a regular schedule, to adults over the age of 18.
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, computer compact disks, computer disks or diskettes or coin-operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matters depicting, describing or relating to sexual conduct, as that term is defined in MGL c. 272, § 31, 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 LIVE ENTERTAINMENT ESTABLISHMENTAn establishment which features live entertainment which consists of entertainers engaging in sexual conduct or nudity as defined in MGL c. 272, § 31.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 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 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.
SUBSTANTIAL OR SIGNIFICANT PORTIONAt least that portion of:
Agricultural use of property not exempted by MGL c. 40A,
§ 3.
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 on a side or by increasing in height, or the
moving from one location or position to another.
See "facilitated senior living facility."
[Amended 4-30-2012 ATM by Art. 25]
A facility, under the control of a licensed veterinarian,
where sick or injured 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. This use may also include
a kennel.[1]
[Amended 4-30-2012 ATM by Art. 25]
A facility used for the production of liquid asphalt and/or
bituminous concrete to be sold and/or used off site, including, but
not limited to, facilities for administration, combustion machines
for heating products, associated fans, belts and chimneys, rock crushers,
tanks for storage of liquid asphalt, as well as stockpiling of bulk
materials used in the production process or of finished products manufactured
on the premises and the storage and maintenance of required equipment.
[Added 4-24-2017 ATM
by Art. 22]
See "facilitated senior living facility."
[Amended 4-30-2012 ATM by Art. 25]
A building or part thereof, open to the public and engaged
in the custody, loan, or exchange of money; for the extension of credit;
and for facilitating the transmission of funds. Typically characterized
by walk-in and drive-through services. The use/inclusion of a drive-through
requires a special permit.
[Added 4-30-2012 ATM by Art. 25]
Temporary use of residential, institutional or industrial premises for sale of personal property in accordance with § 195-6D.
[Amended 4-30-2012 ATM by Art. 25]
A building, whether residential or commercial or any part
thereof in which lodging is provided by the owner or operator to more
than four boarders. The boardinghouse must provide for shared/common
facilities consisting of either bathing or cooking and therefore shall
not contain individual dwelling units consisting of complete living
facilities. Meals may or may not be provided. A dwelling unit where
more than four unrelated individuals rent shall be considered a boardinghouse.
A boardinghouse shall not be deemed a multifamily dwelling.
[Amended 4-30-2012 ATM by Art. 25; 10-15-2012 ATM by Art. 17]
The practice of physical body adornment by permitted establishments
and practitioners using, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding, and scarification.
This definition does not include practices that are considered medical
procedures by the Board of Registration in Medicine, such as implants
under the skin, which are prohibited.
[Added 5-3-2001 ATM by Art. 17]
Any establishment which provides body art services as a part
of its business.
[Added 5-3-2001 ATM by Art. 17]
A structure fully 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.
[Amended 4-30-2012 ATM by Art. 25]
That percentage of the lot or plot area covered by the roof
area of a building or buildings.
The vertical distance measured from the mean finished grade
of all sides of the building or structures to the highest point of
the roof for flat roofs, to the deck line for mansard roofs and to
the mean height between eaves and ridge for gable, hip and gambrel
roofs. Not included are spires, cupolas, antennas or similar parts
of structures that do not enclose potentially habitable floor space.
[Amended 10-21-1999 ATM by Art. 29]
A building in which is conducted the main or principal use
of the lot on which said building is situated.[2]
A property used for interring the dead, for both humans and
animals, including accessory uses such as mausoleums, sales and maintenance
facilities and chapels but excluding crematoriums.
[Added 4-30-2012 ATM by Art. 25]
A day-care center or school-age child-care program, as those
terms are defined in MGL c. 28A, § 9.[3]
[Amended 4-30-2012 ATM by Art. 25]
Buildings, structures and premises used principally by a
nonprofit social or civic organization or by an organization catering
primarily to members and their guests for social, civic, recreational
or athletic purposes which may be 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.
[Amended 4-30-2012 ATM by Art. 25]
A building or part thereof for entertainment, 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. Examples include
arcades, court games, theaters, concert halls, dance halls, skating
rinks, bowling alleys, dance studios or other commercial recreational
centers conducted for profit or not for profit.
[Amended 10-18-2004 ATM by Art. 17; 4-30-2012 ATM by Art. 25]
An open-air facility devoted to activities such as a drive-in
theater, golf course/driving range, miniature golf, bathing beach,
sports club, 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.
[Amended 4-30-2012 ATM by Art. 25]
See "facilitated senior living facility."
[Amended 4-30-2012 ATM by Art. 25]
A building or part thereof used by a landscaping, construction
or building professional for the enclosed storage of heavy equipment,
materials, supplies and fabrication of subassemblies. Accessory office,
retail merchandizing and sales are permitted. Outdoor displays, storage
and sales are prohibited.
[Amended 4-30-2012 ATM by Art. 25]
Any portion of a premises used by a building, landscaping
or construction professional for the outdoor storage of heavy equipment,
materials, supplies, fabrication and subassemblies. An accessory office
is permitted.
[Added 4-30-2012 ATM by Art. 25]
[Added 10-17-2022 ATM by Art. 22]
SMALL DISTRIBUTION CENTERA facility, or part of a facility, less than 20,000 square feet (gross floor area) where goods or products are stored on-site temporarily for the primary purpose of shipping and/or delivery to a consumer. Such facilities may include automated systems, office space, and a pick and pack area to be used by employees for sorting and packaging goods and products for shipping and/or delivery from available, on-site inventory. Small distribution center includes fulfillment by third parties for the above-stated purposes. Small distribution center excludes shipping and/or delivery to retailers and businesses (business to business and wholesalers). Small distribution center is not defined as "warehouse" nor "transport terminal," as defined in Article XX. Small distribution center is not defined as a retail use that may have an accessory delivery component.
MEDIUM DISTRIBUTION CENTERA facility, or part of a facility, between 20,000 and 75,000 square feet (gross floor area) where goods or products are stored on-site temporarily for the primary purpose of shipping and/or delivery to a consumer. Such facilities may include automated systems, office space, and a pick and pack area to be used by employees for sorting and packaging goods and products for shipping and/or delivery from available, on-site inventory. Medium distribution center includes fulfillment by third parties for the above-stated purposes. Medium distribution center excludes shipping and/or delivery to retailers and businesses (business to business and wholesalers). Medium distribution center is not defined as "Warehouse" nor "Transport Terminal," as defined in Article XX. Medium distribution center is not defined as a retail use that may have an accessory delivery component.
LARGE DISTRIBUTION CENTERA facility, or part of a facility, greater than 75,000 square feet (gross floor area) where goods or products are stored on-site temporarily for the primary purpose of shipping and/or delivery to a consumer. Such facilities may include automated systems, office space, and a pick and pack area to be used by employees for sorting and packaging goods and products for shipping and/or delivery from available, on-site inventory. Large distribution center includes fulfillment by third parties for the above-stated purposes. Large distribution center excludes shipping and/or delivery to retailers and businesses (business to business and wholesalers). Large distribution center is not defined as "Warehouse" nor "Transport Terminal," as defined in Article XX. Large distribution center is not defined as a retail use that may have an accessory delivery component.
An establishment utilizing, principally or accessory, an
opening in a wall, including windows, designed and intended to be
used to provide for sales to and/or services to patrons who remain
in their motor vehicle. This term includes automated sales and services.
[Added 4-30-2012 ATM by Art. 25]
A building designed and occupied as the living quarters of one or more families. Single- and two-family dwellings shall be designed for and occupied by not more than one or two families, respectively. A multifamily dwelling shall be one designed for and occupied by three or more families. Multifamily dwellings also include three or more family units, in any configuration whether or not attached, on a single lot, and the buildings accessory thereto and within this context are not subject to § 195-62A and B.
[Amended 10-15-2018 ATM
by Art. 19]
One or more living and sleeping rooms providing complete
living facilities for the use of one or more individuals constituting
a single housekeeping unit, with permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Added 10-21-1999 ATM by Art. 29]
Extraction of sand, gravel, topsoil or other earth for sale
or for use at a site removed from the place of extraction, exclusive
of the grading of a lot preparatory to the construction of a building
for which a building permit has been issued or the grading of streets
in accordance with an approved definitive plan and exclusive of granite
operations.
Educational facilities not exempted from regulation by MGL
c. 40A, § 3.
To build, construct, reconstruct, move upon or conduct any
physical development of the premises required for a building. To excavate,
fill, drain and the like preparation for building shall also be considered
to erect.
Services provided by a public service corporation or by governmental
agencies through erection, construction, alteration or maintenance
of gas, electrical, steam or water or sewer transmission or distribution
systems and collection, communication, supply or disposal systems,
whether underground or overhead, but not including wireless communications
facilities. Facilities necessary for the provision of essential services
include poles, wires, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment in connection therewith.
Uses defined and permitted per c. 40A, § 3.[4]
[Added 4-30-2012 ATM by Art. 25]
Includes assisted, Alzheimer's and congregate living facilities.
[Amended 4-30-2012 ATM by Art. 25]
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ALZHEIMER'S FACILITY — A facility providing
treatment, including rehabilitation services, and communal lodging
for more than four unrelated persons who have been diagnosed by a
medical doctor as having Alzheimer's disease or other forms of dementia
but who do not require the skilled nursing care typically provided
by a nursing home.
| |
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ASSISTED LIVING FACILITY — A facility providing
private multifamily dwellings or communal lodging for more than four
unrelated persons requiring assistance with the activities of daily
living, such as aid or assistance with bathing, dressing/grooming,
ambulation, eating, toileting or other similar tasks, as defined by
MGL c. 19D, § 1. May also include rehabilitation services.
| |
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CONGREGATE LIVING FACILITY — A facility providing
communal lodging for more than four unrelated elders in a noninstitutional,
residential, shared living environment which integrates shelter and
services needed by the functionally impaired or socially isolated
elder who does not require the constant supervision or intensive health
care services as provided in a nursing home. The shared living environment
shall include at least the following: shared kitchen facilities and
shared dining facilities. Each bedroom shall be considered one unit.
|
An open-air facility, operated for a limited period of time,
for purposes of entertainment and amusement. Examples include amusement
rides, carnivals, fair and festival grounds and circuses.
[Added 4-30-2012 ATM by Art. 25]
Any number of individuals related by blood, marriage, adoption,
foster or legal guardianship living together in one dwelling unit
as a single housekeeping unit, but not including more than four persons
living together unrelated by blood or marriage.
[Amended 4-30-2012 ATM by Art. 25]
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 shall not exceed more than six, excluding
participating children living in the residence.
Facility for the sale of produce, wine and dairy products
on property not exempted by MGL c. 40A, § 3.
The sum of the horizontal areas of the floors of a building
or several buildings on the same lot measured from the exterior face
of exterior walls or from the center line of the wall separating two
buildings, not including any space where the floor-to-ceiling height
is less than seven feet, or as otherwise defined in the most recent
edition of the Massachusetts State Building Code.
[Amended 4-30-2012 ATM by Art. 25]
The aggregate horizontal area in square feet of all floors
of a building or several buildings on the same lot, measured from
the exterior faces of the walls enclosing each building and exclusive
of cellars and attic areas used only for storage, bathrooms, stairwells,
elevators, mechanical rooms or areas for service incidental to the
operation or maintenance of the building, or as otherwise defined
in the most recent edition of the Massachusetts State Building Code.
[Amended 4-30-2012 ATM by Art. 25]
The ratio of the gross floor area of the building or buildings
on one lot to the total area of the lot.
A facility for the conducting of funerals and related activities,
such as embalming.
The removal and processing of granite for construction use,
not including stone crushing.[5]
Any substance which is listed in, but not limited to, the
Environmental Protection Agency priority pollutants as described in
Section 307(a) of the Clean Water Act, as amended.
A profit or nonprofit facility/structure promoting maintenance
of and/or improvement to physical and mental health of individual
users, 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. Parking requirements shall be the same as
those for stores, retail businesses and services.
[Added 10-18-2004 ATM by Art. 17]
An accessory use, that is permanent and dedicated for a helicopter
loading area, for a hospital and EMS operations.
[Added 4-30-2012 ATM by Art. 25]
An occupation, business, trade, service or profession which is incidental to and conducted in a dwelling unit or in a building or other structure accessory thereto by a resident thereof. See § 195-7 for additional definitions.
[Amended 4-30-2012 ATM by Art. 25]
A facility, operating 24 hours, seven days a week, with state-licensed
beds and/or an emergency room providing primary health services and
medical or surgical care to persons, inpatients and outpatients, suffering
from illness, disease, injury, deformity and other abnormal physical
or mental conditions, and including, as an integral part of the facility,
accessory uses such as laboratories, outpatient facilities or training
facilities.
[Added 4-30-2012 ATM by Art. 25]
See § 195-70 for definition.
[Amended 4-30-2012 ATM by Art. 25]
A facility providing an independent, age-restricted dwelling
for a retired or senior individual or couple. In addition to bed space,
such facilities would ordinarily include a private toilet, bath, food
preparation facilities and a private dining area.
[Amended 4-30-2012 ATM by Art. 25]
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,
can be used for its original purpose as readily as when new shall
not be considered junk.
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.
An establishment in which more than three (three months or
older) healthy (not sick) dogs or domesticated animals are housed,
groomed, bred, boarded, trained or sold.
[Amended 4-30-2012 ATM by Art. 25]
A place for the preparation of meals, having a stove and
either or both a sink and a refrigerator.[6]
[Added 10-15-2001 ATM by Art. 19]
The process of making a yard or other piece of land more
attractive by altering the existing design, adding ornamental features,
and planting trees and shrubs. This can include green infrastructure
or low impact design/development (LID), bioretention areas, vegetated
swales, planter boxes, rainwater harvesting systems, natural channel
design and other vegetated practices.
[Added 10-18-2021 ATM
by Art. 29]
A continuous parcel of land with legally definable boundaries.
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 contiguous 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. When
the distance between any two points on lot lines is less than 50 feet,
measured in a straight line, the smaller portion of the lot which
is bounded by such straight line shall not be considered in computing
the minimum lot area unless the distance along such lot lines between
such two points is less than 150 feet. For the purpose of computing
the 150-foot minimum distance, the length of each lot line shall be
added together, irrespective of whether the two lines intersect. See
accompanying diagram below.
[Amended 5-3-2007 ATM by Art. 18; 10-18-2018 STM by Art. 1]
A lot with two adjacent sides abutting upon streets or other
public spaces.
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
The contiguous portion of a lot line coinciding with the
side line of a street which provides accessible and usable legal rights
of vehicular access and physical vehicular access to the buildable
area of the lot via the required frontage, said line to be measured
continuously along a single street or along two intersecting streets
if their angle of intersection is greater than 120°.
[Amended 4-25-2005 ATM by Art. 26; 4-30-2012 ATM by Art. 25]
A line dividing one lot from another or from a street or
any public place.
The horizontal distance between side lot lines, measured
parallel to the lot frontage at the front yard setback line.
Campers, trailers or other recreational vehicles. See § 195-6B for additional definition.
[Amended 4-30-2012 ATM by Art. 25]
The indoor manufacturing, predominately of raw materials
or unprocessed materials, including processing, fabrication, assembly,
treatment, packaging and distribution. Typically characterized by
the storage of large volumes of materials needed for the manufacturing
process is prohibited and by noise, odor, smoke, heat, glare, or vibrations
that are not contained within a building and that result in external
effects across property lines. The storage and manufacturing of large
volumes of highly flammable, toxic matter or explosive materials is
prohibited.
[Added 4-30-2012 ATM by Art. 25]
The indoor manufacturing, predominately from previously prepared
materials, of finished products or parts, including processing, fabrication,
assembly, treatment, packaging and distribution. Typically characterized
by noise, odor, smoke, heat, glare, and vibration being contained
within a building with no external effects detectable across property
lines. Examples include food, textile, leather, wood, paper, chemical,
plastic, metal products and renewable or alternative energy. Excludes
basic industrial processing of raw materials and any outdoor storage
of materials.
[Added 4-30-2012 ATM by Art. 25]
All types of marijuana establishments, as defined in M.G.L.
Ch. 94G, § 1, to include all marijuana cultivators, marijuana
testing facilities, marijuana product manufacturers, marijuana retailers
or any other types of licensed marijuana-related businesses.
[Added 10-16-2017 by
ATM, Art. 16]
"Massage" is any method of pressure on or friction
against or stroking, kneading, rubbing, tapping, pounding, vibrating
or stimulating of external parts of the human body with the hands
or with the aide of any mechanical or electric apparatus or appliances,
with or without such supplementary aids as rubbing alcohol, liniment
antiseptics, oils, powders, 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
therefor.
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
or physical therapists who are duly licensed to practice their respective
professions in the Commonwealth of Massachusetts.
Nurses who are registered under the laws of
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, scalp
and hair of the customer or client for cosmetic or beautifying purposes.
Massage therapists who are duly permitted to
practice under the rules and regulations of the Chelmsford Board of
Health.[7]
A facility licensed by the Massachusetts Department of Public
Health pursuant to 105 CMR 140.000 under MGL c. 111, §§ 51
through 56.
[Added 4-30-2012 ATM by Art. 25]
A not-for-profit entity, as defined and further regulated
by Massachusetts law only, registered under state law, that consists
of any of the following, either individually or in combination: 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, or related supplies. This use shall
not be eligible as a nonexempt agricultural use or as a nonexempt
educational use, per the Use Table.[8]
[Added 4-29-2013 ATM by Art. 24]
A building designed and used for the diagnosis and treatment
of human patients on an outpatient basis that does not include overnight
care facilities. Practitioners may include physicians, nurses, dentists,
chiropractors, psychologists, mental health counselors and other similar
health care professionals.
[Amended 4-30-2012 ATM by Art. 25]
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.
A building or buildings intended and designed for transient,
overnight or extended occupancy, divided into separate units within
the same building, with or without accessory shops and services catering
to the general public such as a dining or recreational 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. This term does not include a boarding- or rooming
house.
[Amended 4-30-2012 ATM by Art. 25]
Any vehicle self-propelled by a battery-powered, electric
or internal combustion engine, which is permitted and requires a valid
registration legally issued by a government authority in order to
be operated on a public way. A motor vehicle shall include, but not
limited to, automobiles, trucks, buses, motor homes, motorcycles,
watercraft, motor scooters and tractors.
[Added 4-30-2012 ATM by Art. 25]
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 towing is permitted as an accessory use.
[Amended 4-30-2012 ATM by Art. 25]
An establishment principally used for the retail sales and
dispensing of motor vehicle fuels. Accessory uses may include general
repairs, related accessory retail sales and accessory retail sales
of convenience items such as prepackaged foods/beverages, but not
including food items that are prepared or individually proportioned
to order.
[Added 4-30-2012 ATM by Art. 25]
Premises for the servicing, maintenance and repair of motor
vehicles. Related accessory retail sales, such as motor oils, lubricants,
travel aids and accessories, are permitted. Fuel sales are prohibited.
Motor vehicle towing is permitted as an accessory use.[9]
[Amended 4-30-2012 ATM by Art. 25]
The use of any building, land area or other premises for
the display and sale of new or used motor vehicles, including any
warranty repair work and other repair service conducted as an accessory
use including motor vehicle towing.
[Added 4-30-2012 ATM by Art. 25]
Establishment that provides for the towing, carrying, hauling
and temporary storage of motor vehicles, but does not include disposal,
salvage or storage of inoperable vehicles.
[Added 4-30-2012 ATM by Art. 25]
An establishment providing washing, waxing, polishing and
detailing of vehicles, including self-service, automated and manned
facilities.
[Added 4-30-2012 ATM by Art. 25]
Facilities owned or operated by the Town of Chelmsford.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
[Added 4-30-2012 ATM by Art. 29]
Boardinghouses, lodging houses, guest houses, tourist homes,
dormitories, halfway houses or similar accommodations. Accommodations
shall be considered hotels or motels if they have a sign in excess
of two square feet or other departure from residential character or
if they have specified a term of residence less than one week. Accommodations
individually having a stove and either or both a refrigerator and
a sink shall be considered dwelling units.[10]
A state-licensed facility for the infirm, chronically ill
or convalescent whether conducted for charity or profit, which is
established to render domiciliary care, custody, treatment or lodging
for three or more unrelated persons who require or receive assistance
in ordinary daily activities of life or who are confined to bed or
chair. (This term does not include hospitals and similar facility
devoted primarily to the diagnosis and treatment of disease, injury,
maternity cases or mental illness.) May also include rehabilitation
services.
[Amended 4-30-2012 ATM by Art. 25]
A building, or part thereof, in which work of a predominantly
administrative, professional, or clerical nature is performed for
purposes of providing direct transactions of business or services
to consumers, exclusive of the receipt, sale, storage or processing
of merchandise, other than limited incidental merchandise. Examples
include accounting, attorney, insurance, real estate or architectural.
Typically characterized by no walk-in retail consumer sales or production/manufacturing
of any physical products for sale. May also include accessory use
for the employees such as cafeterias, coffee shops and other convenience-related
services.
[Added 4-30-2012 ATM by Art. 25]
Outdoor storage of bulk goods and products for distribution
but not for sale on the premises.
That part or parts of a lot designed and developed with trees,
plants, shrubs, flowers, grass, ground cover and other landscape features,
including natural features of the site, walks, terraces and open areas
otherwise free of any structures or pavement. Such landscaped open
space as is provided shall be maintained by the owner throughout the
duration of his or her tenure.
A structure of any combination of materials assembled, constructed,
erected or maintained at a fixed location and placed permanently or
temporarily in, on or above the ground serving as an accessory use
to a commercial or industrial establishment and is primarily for the
parking and storage of vehicles operated by the customers, visitors
and employees of such an establishment. This term does not include
municipal structures.
[Amended 4-30-2012 ATM by Art. 25]
An off-street area, including parking spaces, loading areas
and all associated maneuvering areas such as aisles, serving as an
accessory use for the parking of vehicles and available to the public
as an accommodation for clients, customers or employees.
[Added 4-28-2008 ATM by Art. 20]
An area of geologic deposits through which water from the
surface can infiltrate through the soil to the groundwater. These
geologic deposits generally consist of stratified sand and gravels.
An engineered apparatus with grate area in excess of 10 square
feet used to burn waste and in which all combustion factors, temperature,
retention time, turbulence and combustion can be controlled and which
is approved by the Massachusetts Department of Public Health and the
Chelmsford Board of Health.
Are those 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. Research and development related
principally to computer software is not included in this definition.
[Added 4-30-2012 ATM by Art. 25]
A building or portion thereof containing tables and/or booths
which is designed, intended and used for the indoor sale and consumption
of food prepared on the premises and typically characterized by table
service with waiters and reusable dinnerware, except that food may
be consumed outdoors in landscaped terraces designed for dining purposes
which are adjuncts to the main indoor restaurant facility. The term
"restaurant" shall not include fast-food establishments.
[Amended 4-30-2012 ATM by Art. 25]
An establishment whose principal business is the sale of
preprepared or rapidly prepared food directly to the customer in a
ready-to-consume state intended for large volume with consumption
either within the restaurant building or off premises which, because
of the nature of the operation, causes a large volume or frequent
turnover of customers. Typically characterized by ordering food at
a counter, self-service or semi-self-service, a menu board rather
than individual menus, payment prior to consumption of food, no table
service with waiters and disposable containers and utensils are provided
rather than reusable dinnerware.
[Amended 4-30-2012 ATM by Art. 25]
A business that provides goods and/or services directly to
the consumer where such goods are available for immediate purchase
from the premises by the customer. This term includes electronic sales
of all kinds.
[Amended 4-30-2012 ATM by Art. 25]
An establishment where horses are kept for sale, riding,
driving or stabling for compensation or incidental to the operation
of a club, association or similar establishment.
Property where motor vehicles are junked, dismantled or stored
for later dismantling or distribution.
A site for solid waste disposal approved by the Massachusetts
Department of Environmental Protection, Bureau of Waste Prevention,
and the Chelmsford Board of Health. Disposal of raw sewage and similar
waste items is not permitted.
[Amended 4-25-2005 ATM by Art. 26]
A building consisting of individual self-contained units
that are leased or owned for the storage of business and household
goods. Business goods are limited to those not associated with any
office, retail or other business or commercial use within the self-storage
warehouse facility.
[Added 4-30-2012 ATM by Art. 25]
An individual who is 60 years of age or over.
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 that 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:
Flags and insignia of any government. A flag
is defined as a piece of cloth or similar material, varying in size,
shape, color and design, attached at one edge to a staff or cord,
used as the symbol of a nation, state or other governmental entity.
[Amended 10-15-2018 ATM
by Art. 16]
Legal notices or informational devices erected
or required by public agencies.
Temporary devices erected for a charitable or
religious cause, provided that they are removed within seven days
of erection.
Temporary displays inside windows, covering
not more than 30% of the window area, illuminated by building illumination
only.
Standard gasoline pumps bearing thereon in usual
size and form the name, type and price of gasoline.
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.
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.
Address identification through numerals or letters
not exceeding three inches in height.
The area of the smallest horizontally or vertically oriented
rectangle which could enclose all the display area of the sign, together
with any backing different in color or material from the finish material
of the building face, without deduction for open space or other irregularities.
Structural members not bearing advertising matter shall not be included
unless internally or decoratively lighted. Only one side of flat,
back-to-back signs need be included in calculating sign area.
A solar photovoltaic system, as a principal use, with 250
kW or larger of rated nameplate capacity that is mounted on the ground
and used to generate electric power onto the electrical grid principally
for commercial sale.
[Added 4-30-2012 ATM by Art. 29]
A refuse transfer station, composting plant, solid waste
recycling operation and any other works or use approved by the Massachusetts
Department of Environmental Protection, Division of Solid Waste, and
the Board of Health of the Town of Chelmsford for processing, handling,
treating and disposing of solid or liquid waste materials, including
garbage, rubbish, junk, discarded bulk items and sludges but not raw
sewage and similar waste items.
[Amended 4-25-2005 ATM by Art. 26]
An accepted Town 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[11] 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.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall (over four feet in height), tent, deck, porch, sign, swimming
pools, flagpole, mast for radio antenna or the like. Excludes paved
surfaces such as parking areas, driveways, walkways and patios.
[Amended 4-30-2012 ATM by Art. 25]
A structure without any foundation or footings to be removed
within a twelve-month time period. Said structure shall conform to
the requirements of the Table of Dimensional Requirements[12] and shall receive a permit from the Inspector of Buildings.
[Amended 4-25-2005 ATM by Art. 26]
A combination of pollutants, including disease-carrying agents,
which after discharge and upon exposure, ingestion, inhalation and
assimilation into any organism can cause death, disease, mutations,
deficiencies or malfunctions in such organisms or their offspring.
Terminal facilities for handling freight, with or without
maintenance facilities.
A facility, or part of a facility, used primarily for storing goods, wares, commodities, and merchandise, whether for the owner thereof or for others, and whether it is a public or private warehousing operation. Warehousing shall include shipping and/or delivery to retailers and businesses (business to business and wholesalers). Warehousing shall exclude self-storage and distribution center as defined in Article XX.
[Amended 10-17-2022 ATM by Art. 21]
The provision of cellular telephone service, personal communication
service and enhanced mobile radio service.
Monopoles, satellite dishes over three feet in diameter,
antennas and accessory structures which facilitate the provision of
wireless communication service.
Forests, wood lots, portable woodworking mills and machinery
located on the property for use in connection with the forest and
wood lot operations of the owner only, with products stored not within
100 feet of the street line.
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.
A yard extending the full width of the lot and situated between
the street line and the nearest point of the building.
A yard extending 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.
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.
[1]
Editor's Note: The former definition of "animal kennel or
hospital," which immediately followed this definition, was repealed
4-30-2012 ATM by Art. 25.
[2]
Editor's Note: The former definitions of "business or professional
office" and "campground," which immediately followed this definition,
were repealed 4-30-2012 ATM by Art. 25.
[3]
Editor's Note: Sections 1 to 17 of MGL c. 28A were repealed
2008, c. 215, § 43.
[4]
Editor's Note: See MGL c. 40A, § 3.
[5]
Editor's Note: The former definition of "group residence,"
which immediately followed this definition, was repealed 4-30-2012
ATM by Art. 25.
[6]
Editor's Note: The former definition of "light manufacturing,"
which immediately followed this definition, was repealed 4-30-2012
ATM by Art. 25. The former definition of "limited accessory apartment,"
added 10-15-2001 ATM by Art. 19, which immediately followed the definition
of "light manufacturing," was repealed 10-18-2010 ATM by Art. 18.
[8]
Editor's Note: See the Use Regulation Schedule included as an attachment to this chapter.
[9]
Editor's Note: The former definition of "motor vehicle, light
service," which immediately followed this definition, was repealed
4-30-2012 ATM by Art. 25.
[10]
Editor's Note: The former definition of "nursery school,"
which immediately followed this definition, was repealed 4-30-2012
ATM by Art. 25.
[11]
Editor's Note: See MGL c. 41, § 81K
et seq.
[12]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
