For the purpose of this bylaw certain terms
and words shall have the following meanings. Words used in the present
tense include the future; the singular number includes the plural;
the plural the singular; the words "used" or "occupied" include the
words "designed," "arranged," "intended," or "offered," to be used
or occupied; the words "building," "structure," "lot," "land," or
"premises" shall be construed as though followed by the words "or
any portion thereof"; and the word "shall" is always mandatory and
not merely directory. Terms and words not defined herein but defined
in the Abington Subdivision Rules and Regulations[1] shall have the meanings given therein unless a contrary
intention clearly appears.
The visible or otherwise apparent intention of an owner to
discontinue a use of a building, structure or lot, whether conforming
or nonconforming or the removal of the characteristic equipment or
furnishings used in the performance of the nonconforming use without
its replacement by similar equipment or furnishings or the replacement
of the nonconforming use or building for a period of two years or
more.
Having a common property line with; contiguous, fronting
upon.
See § 175-32I.
[Added 5-24-2021 ATM by Art. 22]
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
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 Section
31 of Chapter 272 of the Massachusetts General Laws. For the purposes
of this definition "substantial or significant portion of stock" shall
mean greater than 25% of the subject establishment's inventory stock;
or 25% of the subject premises' gross floor area, or 200 SF, whichever
is greater.
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in Section 31 of Chapter 272
of the Massachusetts General Laws.
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 Section 31 of Chapter
272 of the Massachusetts General Laws. For the purposes of this definition
"substantial or significant portion of stock" shall mean greater than
25% of the subject establishment's inventory stock; or 25% of the
subject premises' gross floor area, or 200 SF, whichever is greater.
Any establishment which provides live entertainment for its
patrons, which includes the display of nudity, as that term is defined
in Section 31 of Chapter 272 of the Massachusetts General Laws.
For the purposes of this bylaw, adult use shall be defined
as any of the following: adult bookstore, adult motion picture theater,
adult paraphernalia store, adult video store, and live nudity establishment
or any other business or establishment characterized by an emphasis
depicting, describing or related to sexual conduct or excitement as
defined in Section 31 of Chapter 272 of the Massachusetts General
Laws. For the purposes of this definition an adult use is any use
or combination of uses which either have greater than 25% of the subject
establishment's inventory stock; or 25% of the subject premises' gross
floor area, or 200 SF, whichever is greater devoted to materials for
sale or rent distinguished by or characterized by their emphasis depicting,
describing, or relating to sexual conduct or sexual excitement as
defined in Section 31 of Chapter 272 of the Massachusetts General
Laws.
An establishment having a substantial or significant portion
of its stock in trade, videos, movies, or other film material which
are distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in Section
31 of Chapter 272 of the Massachusetts General Laws. For the purposes
of this definition "substantial or significant portion of stock" shall
mean greater than 25% of the subject establishment's inventory stock;
or 25% of the subject premises' gross floor area, or 200 SF, whichever
is greater.
Any construction, reconstruction or other action resulting
in a change in the structural parts or height, number of stories or
exits, size, use or location of a building or other structure.
One or more rooms forming a habitable unit, containing complete
and independent living facilities.
[Amended 5-22-2017 ATM
by Art. 20]
The land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year. This
shall include any area designated as Zone A, AO, AH, A1-30, AE, A99,
V1-30, VE, or V on the FIRM and FIS.
[Added 5-21-2012 STM by Art. 1]
The flood having a one percent chance of being equaled or
exceeded in any given year.
[Added 5-21-2012 STM by Art. 1]
A portion of a building partly below grade which has more
than 1/2 of its height measured from finished floor to finished ceiling
above the average finished grade of the ground adjoining the building.
A basement is not considered a story unless its ceiling is 4.5 feet
or more above the finished grade or one half of the total height above
finished grade, whichever is greater.
A combination of any materials whether portable or fixed
having a roof built to form a structure that is safe and stable supported
by columns or walls resting on its own foundation for the shelter,
housing or enclosure of persons, animals, chattels of property of
any kind. For the purposes of this definition "roof" shall include
an awning or any similar covering whether or not permanent in nature.
[Amended 5-21-2018 ATM
by Art. 22]
A detached building the use of which is customarily incidental
and subordinate to that of the principal building and which is located
on the same lot as that occupied by the principal building to which
it is accessory.
A building having any portion of one or more walls in common
with adjoining buildings.
A building having open space on all sides.
The closest location on a lot that any portion of a foundation may be situated from the front lot (street) line, parallel to the street. See front setback requirements of Article VI. On a lot with an existing principal structure, this line exists at the closest point of the foundation to the front lot (street) line, parallel to the street.
A building in which is conducted the principal use on the
lot on which it is located.
A portion of a building partly or entirely below grade which
has more than 1/2 of its height measured from finished floor to finished
ceiling below the average established finished grade of the ground
adjoining the building. A cellar is not deemed a story.
The final permit required from the Town before any use of
structure may be occupied; issued by the Building Inspector; a means
of assuring that all work has been completed in accordance with plans
approved for building permits and that all work conforms to the requirements
of all building, zoning and health regulations of the Town.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on the FIRM as Zone V, V1-30,
or VE.
[Added 5-21-2012 STM by Art. 1]
An area of land designed for joint ownership of property,
or property so owned, such as an apartment complex with each unit
bought and sold, without the approval of other owners, and where common
facilities are maintained by a service fee.
For floodplain management purposes any manmade change to
improved or unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
[Added 5-21-2012 STM by Art. 1]
A zoning district as established by Article III of this bylaw.
A private access for vehicles to required parking, and for
vehicles to move between the required frontage and a location within
a lot provided that a "driveway" shall not be used to connect a lot
through any portion of another lot.
A two-family building designed with separated dwelling units
side-by-side separated by a fire wall.
A privately or publicly owned permanent structure containing
a dwelling unit or dwelling units. The terms "one-family," "two-family"
or "multifamily" dwelling shall not include hotel, lodging house,
hospital, membership club, trailer, however mounted, or dormitory,
or structure solely for transient or overnight occupancy.
One or more living or sleeping rooms arranged for the use
of one or more individuals living as a single housekeeping unit with
permanent provisions for cooking, living, sanitary, eating, and sleeping
facilities.
A building containing three or more dwelling units constructed
on a single lot.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, non-profit housekeeping unit
provided that a group of five or more persons who are not within the
second degree of kinship shall not be deemed to constitute a family.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
[Added 5-21-2012 STM by Art. 1]
Shall include an official map of a community issued by FEMA
that depicts, based on detailed analyses, the boundaries of the 100-year
and 500-year floods and the 100-year floodway.
[Added 5-21-2012 STM by Art. 1]
An official map of a community issued by FEMA where the boundaries
of the flood and related erosion areas having special hazards have
been designated as Zone A or E.
[Added 5-21-2012 STM by Art. 1]
An official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
[Added 5-21-2012 STM by Art. 1]
An examination, evaluation, and determination of flood hazards,
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion
hazards.
[Added 5-21-2012 STM by Art. 1]
Any area that is subject to periodic flooding and that is
shown as an area mapped as flood plain on the Zoning Map or shown
as a special flood hazard area on the FIRM and FIS incorporated by
reference into the Zoning Map.
[Amended 5-21-2012 STM by Art. 1]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
[Added 5-21-2012 STM by Art. 1]
The sum of the areas of the several floors of a building,
measured from the exterior faces of the walls. It does not include
cellars, unenclosed porches or attics not used for human occupancy
or any floor space in accessory buildings or in the main building
intended and designed for parking of motor vehicles in order to meet
the parking requirements of this bylaw, or any such floor space intended
and designed for accessory heating and ventilating equipment.
That portion of a lot contiguous with a street or street
right-of-way line and providing access thereto.
[Amended 4-7-2008 by Art. 15]
The vertical distance from the average finished grade of
the adjacent ground to the top of the structure or the highest roof
beams of a flat roof or the mean level of the highest gable or the
slope of a hip roof.
The general use of architectural details and designs which
conform to the traditional building styles of New England, including
but not limited to Colonial/Cape, Georgian, Federal, Greek Revival
and Victorian styles, and the use of traditional exterior surfaces
and accents on facades facing the street or nearby public property,
such as clapboard or siding, peaked roof lines, attractive light fixtures,
appropriate window sizes and styles, and the like, without, however,
prohibiting the use of modern building materials which may replicate
or mimic traditional styles but with longer lasting, more durable
or more energy efficient materials. The use of photovoltaic systems
(solar panels), satellite dishes or other exterior communication hardware
shall not be prohibited, but shall be encouraged to be screened from
street view wherever reasonably possible.
[Added 5-22-2017 ATM
by Art. 18]
An accessory use which by custom has been carried on entirely
within a dwelling unit and is incidental and subordinate to the dwelling
use and which shall not occupy more than 25% of the floor area or
400 square feet whichever is less of the dwelling unit so used. No
commodities except those processed on the premises shall be sold.
Permitted uses shall be carried on by the occupants of the dwelling
unit with no more than one non-resident employee, and shall not in
any manner change the residential character of the building.
A building providing twenty-four-hour in-patient services
for the diagnosis, treatment or other care of human ailments including,
where appropriate, a sanitarium, clinic, rest home, sanatorium, nursing
homes, and convalescent home.
A building or any part of a building containing rooming units
without individual cooking facilities for transient occupancy and
having a common entrance or entrances including an inn, motel, motor
inn, and tourist court, but not including a boarding house, lodging
house, or rooming house.
One or more rooms for the use of one or more individuals
not living as a single housekeeping unit and not having cooking facilities.
A "lodging unit" shall include rooms in boarding houses, tourist houses
or rooming houses.
A single or contiguous tract of land held in the same ownership
throughout and defined by bounds or lot lines ascertainable by recorded
deed or plan.
For all lots created after April 2, 2001, the horizontal
area exclusive of any area in a street or recorded way open to public
use. At least 50% of the area required to meet the minimum lot area
requirement in the zoning district in which the lot is located must
be contiguous upland as defined in this Bylaw and not part of a detention
and/or retention basin or easement for drainage purposes, land under
water, or land subject to flooding.
A lot at the point of intersection of and abutting on two
or more intersecting streets, the interior angle of intersection of
the street lot lines, or in the case of a curved street, extended
lot lines, being not more than 135 degrees.
The mean horizontal distance between the front lot line and
the rear lot line.
The horizontal distance measured continuously along the front
lot line between the points of intersection of the side lot lines
with the front lot line. The street frontage for a lot on a cul-de-sac
shall be the measured frontage of the lot along the outside radius
of the street right-of-way line between the side lot lines.
[Amended 4-7-2008 by Art. 15]
The property line dividing a lot from a street (right-of-way).
The lot line or lines opposite from the front lot line.
Any lot line not a front or rear lot line.
A lot lawfully existing at the effective date of this bylaw
or any subsequent amendment thereto which is not in accordance with
all provisions of this bylaw.
The horizontal distance between the side lot lines as measured
at the minimum front yard depth (required setback distance) required
by this bylaw.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
[Added 5-21-2012 STM by Art. 1]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days.
[Added 5-21-2012 STM by Art. 1]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 5-21-2012 STM by Art. 1]
A social, sports or fraternal association or organization
which is used exclusively by members and their guests which may contain
bar facilities.
A large trailer outfitted as a home meant to be parked more
or less permanently at a location. See “trailer.”
A building exclusively for residential use with three or
more dwelling units.
[Added 4-7-2003 ATM by Art. 25]
For floodplain management purposes, structures for which
the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community.
[Added 5-21-2012 STM by Art. 1]
See "base flood."
[Added 5-21-2012 STM by Art. 1]
Any person or entity of record, holding fee simple title
to a lot of land.
The space on a lot unoccupied by buildings, unobstructed
to the sky, not devoted to streets, driveways, or off-street parking
or loading spaces and expressed as a percentage of total lot area.
An off-street space, whether inside or outside a structure
for exclusive use as a parking space for one motor vehicle as required
elsewhere in these bylaws.
A business complex excluding apartments which is planned,
designed, and developed as a unit.
An area of land, designed and developed as a unit, with common
open space as an integral characteristic which departs from the zoning
regulations conventionally required in the district concerning lot
size and dimensional requirements.
A lot together with all buildings, structures, and uses thereon.
See "floodway."
[Added 5-21-2012 STM by Art. 1]
Any permanent or temporary representation used as, or which
is in the nature of, an advertisement, announcement, or direction,
or is designed to attract the eye by intermittent or repeated motion
or illumination, provided however that the following shall not be
included in the application of the regulations herein.
Flags and insignia of any government except
when displayed in connection with commercial promotion.
Legal notices, identification, informational
or directional signs erected or required by government bodies.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
For a sign the area shall be considered to include
all lettering, wording, and accompanying designs and symbols together
with the background, whether open or enclosed, on which they are displayed.
Frames and structural members not bearing advertising matter shall
not be included in computation of sign area.
For a sign consisting of individual letters,
designs and symbols attached to or painted on a surface building wall
or window the area shall be considered to be that of the smallest
quadrangle which encompasses all of the letters, designs and symbols.
An area having special flood and/or flood-related erosion
hazards, and shown on a Flood Hazard Boundary Map or FIRM or FIS as
Zone A, AO, A1-30, AE, A99, AH, V, V1-30, or VE.
[Added 5-21-2012 STM by Art. 1]
A permit which may be issued by the special
permit granting authority (SPGA) as designated within this Bylaw or
Chapter 40A of the Massachusetts General Laws, to authorize a use
which would not be allowed generally or without restriction throughout
any particular zoning district; but which, if controlled as to the
number, area, location, relation to the neighborhood and other characteristics
would not be injurious to the public health, safety, welfare, morals,
order, comfort, convenience, appearance, prosperity, or general welfare;
a special permit is not a "variance" but may include a variance of
dimensional and similar requirements incidental to the special permit.
Special permits may also impose conditions, safeguards, and limitations
on time and use.
In granting a special permit, the SPGA shall
give due regard to the nature and condition of all adjacent structures
and uses, and the district within which the same is located. The SPGA
shall also take into consideration the fulfillment of the following
general conditions in addition to other appropriate safeguards as
determined by the SPGA:
The use requested is listed in the Table of
Use Regulations as a special permit in the District for which application
is made.
The requested use will not overload any public
water, sewer, or drainage system, or any other municipal system; create
undue traffic congestion, or unduly impair sight lines for traffic
or hinder pedestrian safety to such an extent that the requested use
or any developed use in the immediate area or in any other area of
the Town will be unduly subjected to hazards affecting health, safety,
or the general welfare.
Any special regulations for the use, set forth
in this Bylaw are met.
The requested use is desirable to the public
convenience or welfare.
Any special permit granted by the SPGA shall
lapse if substantial use or construction has not commenced within
two years of the expiration date of the appeal period, or within two
years after such time required to pursue or await the determination
of an appeal, whichever is later.
A way that is dedicated or devoted to public use by legal
mapping or by any other lawful procedure. A street includes all public
ways, a way which the Town Clerk certifies is maintained and used
as a public way, a way shown on a plan approved and endorsed in accordance
with the Subdivision Rules and Regulations in Abington, Massachusetts,[2] and a way having in the opinion of the Abington Planning
Board sufficient width, suitable grades and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed
uses of the land abutting thereon or served thereby and for the installation
of municipal services to serve such land and the buildings erected
or to be erected thereon. The Planning Board shall not deem a way
adequate for the purposes of the Subdivision Control Law whether approval
is required or not required and this Zoning Bylaw unless said way
meets the following minimum standards.
A right-of-way width of 40 feet.
A traveled way of 16 feet exclusive of berms
or curbs.
An all-weather surface of bituminous concrete
which is in suitable condition to allow access for emergency vehicles.
The way shall be properly graded so as to allow
for drainage of surface water runoff as determined by the Board or
its agent.
The right-of-way line of a street.
A combination of materials assembled at a fixed location that
is safe and stable to give support or shelter such as a building,
bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent,
stadium, reviewing stand, platform, bin, sign, fence, flagpole, swimming
pool, shelters, sheds, or the like.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, which is principally above
ground, as well as a manufactured home. "Structure," for insurance
coverage purposes, means a walled and roofed building, other than
a gas or liquid storage tank, which is principally above ground and
affixed to a permanent site, as well as a manufactured home on foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration, or repair, but does not include
building materials or supplies intended for use in such construction,
alteration, or repair, unless such materials or supplies are within
an enclosed building on the premises.
[Added 5-21-2012 STM by Art. 1]
A structure lawfully existing at the effective date of this
bylaw or any subsequent amendment thereto which does not conform to
one or more provisions of this bylaw.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 5-21-2012 STM by Art. 1]
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either (a) before the improvement or repair is started,
or (b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
[Added 5-21-2012 STM by Art. 1]
Toxic or hazardous materials include, without limitation
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkali's, and include products such as
pesticides, herbicides, solvents and thinners.
Any vehicle which is designed primarily to be portable and
is arranged, intended, designed, or used temporarily for sleeping,
eating, or business use in conjunction with construction, or is a
place in which persons may congregate including a tent trailer, travel
trailer, motor home, or camper.
A building designed to accommodate two- or three-family households,
each with separate units on each floor within the structure.
[Added 4-7-2003 ATM by Art. 25]
Non-wetland as defined by the Wetlands Protection Act and/or
the Town of Abington Wetlands Bylaw.[3]
The purpose for which a structure or lot is arranged, designed,
or intended to be used, occupied or maintained.
A use incidental and subordinate to the principal use of
a structure or lot, or a use, not the principal use, which is located
on the same lot as the principal structure.
A use lawfully existing at the time of adoption of this bylaw
or any subsequent amendment thereto, which does not conform to one
or more provisions of this bylaw including an existing use permissible
on special permit from the Board of Appeals but which has not been
so authorized.
The main or primary purpose for which a structure, building,
or lot is designed, arranged, constructed, or intended, or for which
it may be used, occupied or maintained under this bylaw. Any other
use within the main structure or the use of any other structure or
land on the same lot and incidental or supplementary to the principal
use and permitted under this bylaw shall be considered an accessory
use.
A use which by reason of its normal operation would cause
readily observable differences in patronage, service, sight, noise,
employment or similar characteristics from the use to which it is
being compared.
See § 175-82D(3).
A structure, including a tower, antenna, monopole, satellite
dish, or other similar devices and accessory structures, built for
the providing of wireless communications services. A wireless communications
facility may include accessory mechanical, electronic or telephone
equipment and/or building(s) necessary to operate such facility.
The communications services provided for radio, television,
cellular telephone, personal communications, and enhanced specialized
mobile radio via wireless communications facilities.
A portion of a lot upon which the principal building is situated,
unobstructed from the ground to the sky except as otherwise provided
herein.
A yard extending for the width of the lot between the front
line of the nearest building wall and the front lot line.
A yard, unoccupied except by an accessory structure or accessory
use as herein permitted, extending for the full width of the lot between
the rear line of the building wall and the rear lot line.
A yard extending for the full length of the lot between the
nearest building wall and the side lot line.
The 100-year floodplain area where the base flood elevation
(BFE) has not been determined.
[Added 5-21-2012 STM by Art. 1]
The 100-year floodplain where the base flood elevation has
been determined.
[Added 5-21-2012 STM by Art. 1]
The 100-year floodplain with flood depths of one to three
feet, where a clearly defined channel does not exist, where the path
of flooding is unpredictable, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
[Added 5-21-2012 STM by Art. 1]
Areas to be protected from the 100-year flood by federal
flood protection system under construction.
[Added 5-21-2012 STM by Art. 1]
Areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X shall replace Zones
B and C on the revised maps.
[Added 5-21-2012 STM by Art. 1]
A special flood hazard area along a coast subject to inundation
by the 100-year flood with the additional hazards associated with
storm waves.
[Added 5-21-2012 STM by Art. 1]
An Area identified in the Flood Insurance Study as an area
of moderate minimal flood hazard.
[Added 5-21-2012 STM by Art. 1]
Chapter 40A of the Massachusetts General Laws and subsequent
amendments thereto.
