A.Â
Words used in the present tense include the future,
and the plural includes the singular; the word "shall" is intended
to be mandatory; "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged or designed to be used
or occupied." The word "person" includes a corporation as well as
an individual.
B.Â
ACCESSORY APARTMENT
ACCESSORY USE OR BUILDING
ANIMAL FEEDLOT
ANIMAL KENNEL OR HOSPITAL
AQUIFER
ASSISTED LIVING FACILITY
BEDROOM
BUILDING
BUILDING HEIGHT
BUILDING-INTEGRATED WIND ENERGY FACILITY
BULK STORAGE
CAMPER
CAMPGROUND
CAMPING, SUPERVISED
CLUB or LODGE
COMMERCIAL GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
CONTRACTOR'S YARD
DETACHED STRUCTURE
DISPOSAL
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EARTH REMOVAL
ERECTED
EXTENSIVE RESORT
FAMILY
FLEA MARKET
FLEXIBLE RESIDENTIAL DEVELOPMENT
FLOOR AREA, LEASABLE
FRONTAGE
GOLF COURSE, STANDARD or PAR-THREE
GROUNDWATER
HAZARDOUS MATERIAL
HEIGHT
HOME OCCUPATION
HOTEL or MOTEL
IMPERVIOUS
LARGE WIND FACILITY
LEACHABLE WASTES
LIGHT MANUFACTURING
LIVESTOCK RAISING
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT FRONTAGE
MAJOR SPECTATOR CENTER
MARIJUANA ESTABLISHMENT (ME)
MARIJUANA RETAILER
MEDICAL MARIJUANA FACILITY
MINING OF LAND
MOBILE HOME
MUNICIPAL USE
NONCONFORMING USE OR BUILDING
NURSING, CONVALESCENT, OR REST HOME
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
ON-SITE WIND FACILITY
PAPER STREET
PARKING SPACE
PARTY WALL
PERSONAL WIRELESS SERVICE FACILITIES
PHILANTHROPIC INSTITUTION
PUBLIC HOUSING
PUBLIC STABLE
RATED NAMEPLATE CAPACITY
RECHARGE AREA
RELATED EQUIPMENT OR FACILITIES
RENEWABLE OR ALTERNATIVE ENERGY
ROADSIDE STAND
SECURITY BARRIER
SIGN
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
SIGN, ACCESSORY
SIGN, AREA OF
SIGN, FREESTANDING
SIGN, TEMPORARY
SMALL WIND ENERGY SYSTEM
SOLID WASTES
SPORTSMEN'S CLUB
STREETS
(1)Â
(2)Â
(3)Â
STRUCTURE
SWIMMING POOL
TEMPORARY STRUCTURE
TRAILER
TRANSPORTATION TERMINAL
UTILITY
UTILITY-SCALE WIND FACILITY
VEHICLE, HEAVY COMMERCIAL
VEHICLE, LIGHT COMMERCIAL
WIND ENERGY FACILITY
WIND MONITORING OR METEOROLOGICAL TOWER
WIND TURBINE
YARD
YARD, FRONT
YARD, REAR
YARD SALE
YARD, SIDE
In this chapter, the following terms, unless a contrary
meaning is required by the context or is specifically prescribed,
shall have the following meanings:
A second dwelling unit subordinate in size to a single-family
dwelling unit on the lot and having separate cooking, sleeping and
bathroom facilities, located either in the principal building or in
an existing accessory structure.
[Added by 5-30-2006 ATM, Art. 23]
A use or building customarily incidental to and located on
the same lot with the use or building to which it is accessory and
not detrimental to the neighborhood.
A plot of land on which 25 or more livestock per acre are
kept for the purposes of feeding.
A structure used for the harboring and/or care of more than
three dogs that are more than six months old, whether commercially
operated or not.
A geologic formation, group of formations or part of a formation
which contains sufficient saturated permeable material to yield significant
quantities of potable groundwater to public or private wells.
[Added by 4-25-1988 ATM, Art. 7]
A residential facility certified by the Massachusetts Department
of Elder Affairs, which provides a combination of housing, meals and
personalized support services for activities of daily living, but
not providing the level of care of a skilled nursing facility.
[Added by 5-31-2011 ATM, Art. 23]
Any inhabitable room in a dwelling, other than a living room,
dining room, kitchen, utility room or bath if such room exceeds 60
square feet. Any dwelling unit in which no such room exists shall
be construed to contain one "bedroom."
[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1]
A structure enclosing useful space.
The vertical distance from the mean finished grade of the
ground adjoining the building to the highest point of the roof for
flat or shed roofs, to the deck line for mansard roofs and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1; 11-8-1999 STM, Art. 19; 11-20-2000 STM, Art. 31]
A wind energy facility shall be considered to be building
integrated if it is designed to be permanently mounted on a building
or other inhabitable structure. This definition applies to wind turbines
of any capacity that are designed to be operated in direct contact
with a building. This definition also covers, for the purposes of
this zoning provision, other wind energy facilities primarily used
for land-based applications which may be permanently mounted and operated
on a building.
[Added by 5-31-2011 ATM, Art. 27]
Exposed outside storage of sand, lumber, coal or other bulk
materials and bulk storage of liquids in tanks except underground
as an accessory use.
A portable dwelling, eligible to be registered and insured
for highway use, designed to be used for travel, recreational and
vacation uses, but not for permanent residence. Included devices commonly
called "travel trailers," "pickup campers," "motorized campers" and
"tent trailers."
Premises operated with written permission of the Board of
Health, used for travel trailers, campers, tenting or temporary overnight
facilities of any kind where a fee is charged.
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 week.
Premises or buildings or 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. Does not include golf clubs or sportsmen's clubs, as
elsewhere defined, or clubs or organizations whose chief activity
is a service customarily carried on as a business.
[1]A solar photovoltaic system that is structurally mounted
on the ground and is not roof or building mounted, and has a minimum
rated nameplate capacity of 100 kW DC.
[Added 5-29-2012 ATM, Art. 19]
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies and
parking of wheeled equipment.
One having no common or party walls.
The deposit, injection, dumping, spilling, leaking, incineration
or placing of any hazardous material into or on any land or water
so that such hazardous material or any constituent thereof may enter
the environment or be emitted into the air or discharged into any
waters, including groundwater.
[Added by 4-25-1988 ATM, Art. 7]
Three or more dwelling units on a single lot, or in a single
structure or set of contiguous structures, irrespective of ownership
or tenure.
[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1]
A detached residential building intended and designed to
be occupied exclusively by a single family.
A detached residential building intended and designed to
be occupied exclusively by two families.
Living quarters for a single family.
Removal of soil, loam sand, gravel, clay, peat or other organic materials, stone or other earth products from premises not in public use, except those removal activities categorized as "limited operations" under § 109-4 of the Code of the Town of Blackstone (removal incidental to building construction or incidental to grading ways within subdivisions) if involving quantities of less than 1,000 cubic yards per applicant per year.
[Added by 5-27-1997 ATM, Art. 9]
Includes the words "built," "constructed," "reconstructed,"
"altered," "enlarged" and "moved."
Premises comprising at least 200 acres contiguous except
for intervening roads, with no buildings within 100 feet of a public
way, used principally for skiing, snowmobile trails, riding trails
or similar extensive recreation, and optionally including restaurant,
sporting goods shop or lodging in conjunction with the above.
[Added by 6-5-1972 STM, Art. 8]
Any number of individuals living and cooking together in
a single housekeeping unit.
Swap shop or similar activity by whatever name, involving
the temporary setting up of 10 or more booths, tables, platforms,
racks or similar display areas for sales by three or more vendors.
[Added by 4-25-1981 ATM, Art. 2]
An alternative form of land development, involving the division of a parcel into building lots, using flexible intensity regulations, as provided at § 123-13.1 of this chapter.
[Added by 4-25-1994 ATM, Art. 24A]
The sum of the area on the several floors of a building which
is or could be leased, including leasable basements.
That portion of a lot that abuts the right-of-way of a street.
[Added by 5-31-2011 ATM, Art. 23]
Course, including customary accessory buildings, where tee-to-hole
distance averages not less than 80 yards.
All the water beneath the surface of the ground.
[Added by 4-25-1988 ATM, Art. 7]
Any substance or combination of substances, not including
any liquid petroleum product, that, because of quantity, concentration
or physical, chemical or infectious characteristics, poses a significant
present or potential hazard to water supplies or to human health if
disposed of into or on any land or water in this Town. Any substance
deemed a hazardous waste in Chapter 21C of the Massachusetts General
Laws shall also be deemed a "hazardous material" for purposes of this
section.
[Added by 4-25-1988 ATM, Art. 7]
The height of a wind turbine measured from natural grade
to the tip of the rotor blade at its highest point, or blade-tip height.
[Added by 5-31-2011 ATM, Art. 27]
Certain occupations engaged in within an existing dwelling
or building accessory thereto by a resident thereof. Such occupations
include the professions of medicine, dentistry, law, architecture
and engineering; machine, woodworking, metals, art or photo shop;
domestic work, such as dressmaking, millinery and clothes washing;
teaching and exercise of professional skills in music, dramatics,
arts and crafts and academic pursuits; real estate and insurance offices;
and inside storage of tradesman's materials and equipment.
A structure providing sleeping rooms for resident or transient
guests and where public eating facilities are provided, but not including
buildings of charitable, educational or philanthropic institutions.
Impenetrable by water.
[Added by 4-25-1988 ATM, Art. 7]
Equipment, machinery and structures utilized in connection
with the conversion of kinetic energy of wind into electrical power
with a rated output of electrical power production equipment of greater
than 100kW/0.1MW.
[Added by 5-31-2011 ATM, Art. 27]
Waste materials, including solid wastes, sewage, sludge and
agricultural wastes, that are capable of releasing waterborne contaminants
to the surrounding environment
[Added by 4-25-1988 ATM, Art. 7]
Fabrication, processing or assembly such that the provisions of § 123-16 are complied with.
The keeping or raising of any number of pigs, animals raised
for pelts or animals for hire; or more than three horses, cows, goats
and/or sheep; or more than 10 poultry; or a number of other animals
equivalent to the above in waste production.
[Amended by 6-14-1982 STM, Art. 29]
An area of land in one ownership with definite boundaries
ascertainable by recorded deed or plan and used or set aside and available
for use as the site of one or more buildings or for any other definite
purpose.
The horizontal area of a lot exclusive of any area in a street
or recorded way open to public use. At least 90% of the "lot area"
required for compliance shall also be exclusive of areas subject to
protection under the Wetlands Protection Act, MGL c. 131, § 40,
for reasons other than being subject to flooding and exclusive of
areas included within easements for surface drainage elements, such
as retention or detention ponds. If the distance between any two points
on lot line is less than 50 feet, as measured in a straight line,
the smaller portion of the lot as divided by that line shall not be
included in "lot area" unless the two points are separated by less
than 150 feet measured along lot lines.
[Amended by 4-25-1988 ATM, Art. 34]
A lot which has an interior angle of less than 135º
at the intersection of two street lines. A lot abutting a curved street
shall be considered a "corner lot" if the tangents to the curve at
the point of intersection of the side lot lines intersect with an
interior angle of less than 135º.
Percentage of total lot area covered by structures or roofed.
The boundary of a lot coinciding with a street line if there
are both rights of access and potential vehicular access across that
boundary to a potential building site, and the street has been determined
by the Planning Board to provide adequate access to the premises under
the provisions of the Subdivision Control Law and the Blackstone Subdivision
Regulations.[2] To be measured continuously along one street line between
side lot lines or, in the case of corner lots, between one side lot
line and the midpoint of the corner radius.[3]
[Amended by 4-25-1988 ATM, Art. 34]
Premises comprising at least 35 contiguous acres containing
facilities for engaging in and watching athletics, racing, concerts
or other spectator events, having an audience seating capacity of
5,000 or more, and optionally including restaurant, retail sales or
services and motel or hotel in conjunction with the above.
[Added by 2-15-1975 STM, Art. 1; amended by 5-14-1975 STM, Art. 2]
A medical marijuana facility, marijuana independent testing
laboratory, marijuana product manufacturer, or marijuana cultivator,
all as defined in MGL c. 94G, § 1, but not including marijuana
retailers.
[Added 5-28-2019 ATM by Art. 27]
An entity licensed to purchase and deliver medical and/or
recreational marijuana and marijuana products from marijuana establishments
and to deliver, sell or otherwise transfer marijuana and marijuana
products to marijuana establishments and to consumers.
[Added 5-28-2019 ATM by Art. 27]
A not-for-profit entity (also known as a "medical marijuana
treatment center") registered under 105 CMR 725.100, to be known as
a "registered marijuana dispensary (RMD)," that acquires, cultivates,
possesses, processes [including development of related products such
as edible marijuana-infused products (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. Unless otherwise specified, "RMD" refers to the
site(s) of dispensing, cultivation, and preparation of marijuana.
[Added by 5-27-2014 ATM, Art. 25]
The removal or relocation of geologic materials such as topsoil,
sand and gravel, metallic ores and bedrock.
[Added by 4-25-1988 ATM, Art. 7]
A dwelling unit built on a chassis, containing complete electrical,
plumbing and sanitary facilities, and designed to be installed on
a temporary or permanent foundation for either temporary or permanent
living quarters.
Premises used for any operation by the Town government except
as elsewhere more specifically defined.
A lawfully existing use or building which does not conform
to the regulations for the district in which such use or building
exists.
Premises for the care of three or more persons, as licensed
by the Massachusetts Department of Public Health.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
[Added 5-29-2012 ATM, Art. 19]
A wind project, which is located at a commercial, industrial,
agricultural, institutional, or public facility that will generate
electricity on site.
[Added by 5-31-2011 ATM, Art. 27]
A road or street which appears on an Assessor's Map but which
has not been constructed on the ground and therefore does not provide
frontage for a lot.
[Added by 5-31-2011 ATM, Art. 23]
An area intended for parking one automobile, provided that
the area's dimensions and access meet standards adopted and from time
to time amended by the Planning Board.
[Amended by 4-25-1988 ATM, Art. 33]
A building wall erected on a lot sideline for shared use
of adjoining properties.
Antennas used by wireless communications service carriers
to broadcast or receive the radio-frequency waves which carry their
services, the mounting structures (including towers) upon which such
antennas are placed, the equipment shelters ancillary to those facilities,
and the premises upon which those facilities are located in providing
personal wireless service, as defined under the Federal Telecommunications
Act of 1996 [47 U.S.C. § 332(c)].
[Added by 5-31-2005 ATM, Art. 38]
An endowed or charitably supported nonprofit religious or
nonsectarian activity maintained for a public or semipublic use.
Housing operated by a public body created pursuant to MGL
c. 121, § 26K,[4] or corresponding provisions of earlier laws.
Premises where two or more horses are kept for remuneration,
hire or sale.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
[Added by 5-31-2011 ATM, Art. 27; amended 5-29-2012 ATM, Art. 19]
Any area of porous, permeable geologic deposits, especially,
but not exclusively, deposits of stratified sand and gravel, through
which water from any source drains into an aquifer, and includes any
wetland or body of surface water surrounded by or adjacent to such
area, together with the watershed of any wetland or body of surface
water adjacent to such area.
[Added by 4-25-1988 ATM, Art. 7; amended 5-29-2012 ATM, Art. 19]
Any equipment, building, structure, accessway, landscaping
or other means used to support the operation, or disguise the appearance,
of a solar photovoltaic tower, antenna, or transmitting or receiving
equipment of any kind.
[Added 5-29-2012 ATM, Art. 19]
Energy derived from sources that do not use up natural resources
or harm the environment, including solar, wind, geothermal, hydrogen
and hydro energy and excluding fossil fuels and biomass.
[Added 5-29-2012 ATM, Art. 20]
Premises for the sale of agricultural products, the major
portion of which were raised on the premises.
A locked wall, fence or berm, or combination thereof, which
seals an area from unauthorized entry or trespass.
[Added 5-29-2012 ATM, Art. 19]
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the regulations of this chapter:
[Added by 6-26-1969 STM, Art. 1]
Signs not exceeding one square foot in area
and bearing only property numbers, names of occupants or premises
or other identification of premises not having commercial connotations.
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 governmental bodies.
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
Standard gasoline pumps bearing thereon in usual
size and form the name, type and price of gasoline.
A sign whose subject matter relates to the premises on which
it is located, or to products, accommodations, services or activities
on the premises.
[Added by 6-26-1969 STM, Art. 1]
The area within a regular geometric form or forms comprising
all the display area of the sign, including intermediary removable
surfaces, but not including structural members not bearing advertising
matter.
[Added by 6-26-1969 STM, Art. 1]
A sign erected or affixed to the land, and not attached to
a building.
[Added by 6-26-1969 STM, Art. 1]
A sign which, by its inherent nature, can be expected to
remain in place for less than a year, as real estate signs or signs
inside display windows.
[Added by 6-26-1969 STM, Art. 1]
All equipment, machinery and structures utilized in connection
with the conversion of kinetic energy of wind into electrical power.
This includes, but is not limited to, storage, electrical collection
and supply equipment, transformers, service and access roads, and
one or more wind turbines, which have a total rated nameplate capacity
of not more than 100kW/0.1MW.
[Added by 5-31-2011 ATM, Art. 27]
Useless, unwanted or discarded solid materials with insufficient
liquid content to be free-flowing, including, for example, rubbish,
garbage, scrap materials, junk, refuse, inert fill material and landscape
refuse.
[Added by 4-25-1988 ATM, Art. 7]
A club whose primary purposes are conservation, hunting or
fishing.
Either:
A public way or a way which the Town Clerk certifies
is maintained and used as a public way;
A way shown on a plan approved in accordance
with the Subdivision Control Law;[5] or
A way in existence when the subdivision control
became effective in Blackstone, having, in the opinion of the Planning
Board, sufficient width, suitable grades and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed
use 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.
Anything constructed or erected, the use of which requires
location on the ground, including buildings, mobile homes, billboards,
swimming pools, tanks, or the like or part thereof.
Any constructed pool, located above or below the ground,
whether portable or fixed, used or capable of being used for swimming,
wading or bathing purposes. Pools having a depth of two feet or more
and having a capacity of 200 cubic feet or more in volume shall be
considered structures.
Tent, construction shanty or similarly portable or demountable
structure intended for continuous use for not longer than one year.
A towed vehicle for transportation of goods or animals, but
not intended for human occupancy.
Premises for the parking and/or servicing of commercial vehicles.
A system of wires or conductors and supporting structures
that functions in the transmission of electrical energy or communication
services (both audio and video) between generating stations, substations,
and transmission lines.
[Added 5-29-2012 ATM, Art. 19]
A commercial wind facility, where the primary use of the
facility is electrical generation to be sold to the wholesale electricity
markets.
[Added by 5-31-2011 ATM, Art. 27]
A bus or truck having capacity in excess of the limits for
a light commercial vehicle or motorized construction equipment other
than trucks.
A taxi; a bus with capacity not exceeding 10 passengers;
or a truck with a gross vehicular weight rating not exceeding 14,000
pounds and enclosed cargo area not exceeding 800 cubic feet.
[Amended by 1-9-1978 STM, Art. 4]
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, transmission, storage, collection and supply equipment,
substations, transformers, service and access roads, and one or more
wind turbines.
[Added by 5-31-2011 ATM, Art. 27]
A temporary tower equipped with devices to measure wind speeds
and direction, used to determine how much wind power a site can be
expected to generate.
[Added by 5-31-2011 ATM, Art. 27]
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
[Added by 5-31-2011 ATM, Art. 27]
A required open space, unoccupied and unobstructed by any
structure or portion of a structure, except the following:
A yard extending between side lot lines across the front
of a lot on each street it adjoins. Depth shall be measured perpendicular
to a line connecting the foremost points of the side lot lines.
A yard extending across the rear of the lot between inner
side yard lines.
Sale or offering for sale of 10 or more items of personal
property outdoors at any one residential premises at any one time,
but not including a flea market.
[Added by 4-25-1981 ATM, Art. 2]
A yard extending from the rear line of the required front
yard to the rear lot line.
[1]
Editor's Note: The definition of "commercial
schools," which originally had immediately followed this definition,
was repealed by 1-9-1978 STM, Art. 5.
[3]
Editor's Note: The former definition of "major residential
development," added by 5-28-1996 ATM, Art. 22, which immediately followed
this definition, was repealed 5-27-2008 ATM, Art. 20.
[4]
Editor's Note: Section 26K was repealed by
St. 1969, c. 751. See now MGL c. 121B § 3.
