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ACCESSORY
(a) Accessory building/structure: a building or structure devoted exclusively to a use accessory to the principal use of the lot.
(b) Accessory use: a use incident to, and on the same lot as, a principal use, including telecommunication and communication facilities used exclusively for the private residence or business and not as an independent commercial enterprise.
ACCESSORY SIGN
Any sign relating to business, service, or products including national brand products, supplied on the premises on which the sign is located.
ADULT STORES
An establishment that has a substantial or significant portion of its stock in trade, books, magazines and other matter or paraphernalia which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement, as defined in M.G.L. c. 272, § 31.
ADULT THEATER
An enclosed building used for presenting material or live entertainment distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. c. 272, § 31.
AFFORDABLE HOUSING FUND
A fund account established by the City for the purpose of creating or preserving affordable housing in the City of Watertown.
AFFORDABLE HOUSING PROGRAM
Collectively, § 5.07 and other provisions of the Watertown Zoning Ordinance that pertain to the development and preservation of affordable housing in the City of Watertown.
AFFORDABLE HOUSING RESTRICTION
A deed restriction, contract, mortgage agreement, or other legal instrument, acceptable in form and substance to the City of Watertown, that effectively restricts occupancy of an affordable housing unit to qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, and be enforceable under the provisions of Chapter 184, Sections 26 or 31-32 of the General Laws.
AFFORDABLE HOUSING UNIT
A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements of the Massachusetts Department of Housing and Community Development, Local Initiative Program, for inclusion on the Chapter 40B Subsidized Housing Inventory.
AGRICULTURE
On more than five acres of land, agriculture includes all branches of farming as defined in M.G.L. c. 128, § 1A. On less than five acres of land, agriculture excludes the raising of livestock, including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, or fur-bearing animals.
ANIMATED OR FLASHING SIGN
Any sign or attention-catching device which in part or whole moves or flashes or contains traveling lights or gives the impression of any movement or flashing whether such effect is generated by natural or artificial forces.
AREA MEDIAN INCOME
The median family income for the metropolitan area that includes the City of Watertown, as defined in the annual schedule of low- and moderate-income limits published by the U.S. Department of Housing and Urban Development, adjusted for household size.
AREA, FLOOD, OR UP-LIGHTING
Area, Flood Light - Any luminaire that is designed to direct the output of a lamp in a specific single direction utilizing reflective elements external to the lamp. Such luminaires may be manufactured with or without mounting hardware that can be swiveled, and are not equipped to be aimed straight down. Up-Lighting - Any luminaire that is aimed or capable of being aimed above the horizontal plane. Excluded from the definition of Up-Lighting is any luminaire aimed upwards into an enclosed space.
ASSISTED LIVING
Assisted Living includes several types of housing settings. Assisted Living is a housing setting for individuals who need assistance with activities of daily living such as bathing, dressing, grooming, eating, and transferring, and may include instrumental activities of daily living such as housekeeping, shopping, and transportation. It also includes Independent Living which has units that can function as stand-alone apartments. And it includes Dementia Care and/or Skilled Nursing, which is a housing setting that involves or includes the planning, provision, and evaluation of goal-oriented nursing care that requires specialized knowledge and skills acquired under the established curriculum of a school of nursing approved by a Board of Registration in nursing, and must be provided by a registered nurse, a licensed practical nurse, or a licensed vocational nurse. In each of these types of housing settings, each resident may have their own room or rooms which may include a bathroom, bedroom, living room and kitchen or kitchenette and dining areas.
AUTOMOBILE
(1) Off-street vehicle parking shall be provided as required by Article VI: Automotive and Bicycle Parking Requirements of the Watertown Zoning Ordinance. For the purposes of § 155-6.01(g), the AODD shall be treated as a single lot, without regard to internal lot lines or divisions of ownership.

(2) By Special Permit, the Planning Board may reduce the otherwise required number of off- street accessory parking spaces, based on the availability of public transportation alternatives at or near the AODD, the transportation demand management programs implemented or to be implemented within the AODD, the ability of uses with peak user demands at different times to share parking spaces or other factors for which the applicant provides a parking study or analysis prepared under the direction of a Professional Engineer with the requisite experience in conducting such analysis, using standards and methodologies promulgated by the Institute of Transportation Engineers, the Urban Land Institute, or other appropriate source.
BANNER SIGN
Any piece(s) of fabric displaying a distinctive insignia, identifying wording and/or symbolic representation of a business, service or activity.
BASEMENT
A portion of a building partly underground but having more than one-half of its clear height below the average grade of the adjoining ground.
BICYCLE
Required off-street bicycle parking shall be provided as follows:
(1) One bicycle parking space for every 20 automobile parking spaces;
(2) Each bicycle parking space shall be sufficient to accommodate a bicycle 7 feet in length and 2 feet in width. Inverted U frame racks that support the bicycle at two or more points above and on either side of the bicycle's center of gravity are required. An alternative style of rack or bicycle securing system that, in the opinion of the Planning Board, provides comparable levels of security and convenience, may be provided. Racks must be secured to the ground.
(3) Where more than 10 bicycle spaces are required, half shall be provided as long term (employee) parking, secure and protected from the elements. The other half shall be provided as short term (customer or visitor) parking, visible and convenient to building entrance.
(4) Accommodation of bicycle lockers and showers, which further encourage bicycle transportation, shall be negotiated during the developer marketing and selection phases in order to meet the provisions of the Transportation Demand Management (TDM) Plan as stipulated in the Environmental Impact Report (EIR) to be issued for the redevelopment of the site. A centralized bicycle facility which includes all of the above provisions is highly desirable.
BUFFER ZONE
Areas of land maintained in a landscaped fashion or in a natural state that are open, unpaved and unbuilt upon; for the purposes of this Zoning Ordinance, crushed stone shall not be considered as an appropriate buffer zone treatment.
BUILDING
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 purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed where the context allows as though followed by the words "or part or parts thereof."
BUILDING AREA
The total area, expressed in square feet, of all floors of a building or structure measured to the exterior walls thereof.
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BUILDING COVERAGE
The area of a lot that is covered by the footprint of the principal building and accessory structures, including covered stairways, porches, covered vestibules or porticos, but not including driveways, walkways, attached chimneys, bulkheads, in-ground and above-ground swimming pools or uncovered decks.
BUILDING FRONT YARD
The area of the Front Yard located between the Front Lot Line and each side of the Principal Building on the Lot.
BUILDING, PRINCIPAL
Any building in which the predominant use of the lot or parcel is contained.
BUILD-TO-LINE
The line with which the exterior of a building must coincide.
BUSINESS ACCESSORY USE, USUAL
(a) Light manufacturing or preparation of products customarily sold on the premises by the producer to the consumer, limited to not more than 25% of the Gross Floor Area of the business and engaging not more than five employees at one time.
(b) Accessory outdoor storage of commodities or materials for processing or sale upon the premises, provided that any outdoor storage in a yard adjoining a lot in a residence district shall be screened as provided in Section 4.14 or as otherwise required by this Zoning Ordinance.
(c) The sale of gasoline and oil accessory to and within a permitted parking garage for more than 10 cars or accessory to a parking lot limited to the employees of the owner, or the making of minor repairs completely within such parking garage or within a building on such parking lot.
CONVERSION
Any residential building containing one or more dwelling units that is altered by interior and/or exterior changes so as to increase the number of dwelling units in the building to some number greater than (i) the existing number of dwelling units or (ii) the number of dwelling units the building was originally designed for. Further, any commercial building for which a residential or industrial reuse is proposed, or any industrial building for which a residential or commercial reuse is proposed, shall be considered a conversion and shall be subject to the appropriate regulations of this Ordinance.
CORNER LOT
A lot at the junction of and fronting on two or more intersecting streets or ways. On a corner lot the Front Yard setback requirement shall be applied to only one side of the corner lot property. The Zoning Enforcement Officer shall determine which portion of the lot is the Front Yard for purposes of determining the required Setback.
COVERED DEVELOPMENT
Any development required to provide affordable housing in accordance with § 5.07.
DIRECTIONAL SIGN
Any sign whose only purpose is to direct traffic to proper entrance or exit.
DRIVEWAY
An open space located on a lot, which may be paved, and built for access to a garage or off-street parking or loading space(s).
DWELLING
A privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, or any other legal form which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms "single-family," "two-family," or "multi-family" dwelling shall not include hotel, lodging house, bed and breakfasts, bed and breakfast homes, hospital, membership club, mobile home, or dormitory.
DWELLING UNIT
Living quarters for a single family/household with cooking, living, sanitary and sleeping facilities independent of any other unit.
DWELLING, ACCESSORY UNIT
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller.
DWELLING, MULTI-FAMILY
A building with three or more residential dwelling units or two or more buildings on the same lot with more than on residential dwelling unit in each building, excluding accessory dwelling units. Multi-family swellings may also be referred to as multi-family housing or multi-family development.
DWELLING, ROWHOUSE OR TOWNHOUSE
A type of multi-family dwelling consisting of a row of at least three but not more than eight one-family attached dwelling units whose sidewalls are separated from other dwelling units by a fire wall or walls. Each unit in the row, or townhouse, may be owned by a separate owner and shall have its own at grade access.
DWELLING, SINGLE-FAMILY
A detached residential building designed or intended or used as the home or residence of one family/household.
DWELLING, TWO-FAMILY
A detached residential building designed or intended or used exclusively as the home or residence of two families/households. For purposes of this ordinance, a two-family dwelling includes (1) a building containing two dwelling units joined by a shared wall for at least 50% of its height and depth, excluding space used for accessory uses; i.e., in which no part of one dwelling unit is over any part of the other dwelling unit, or (2) a house containing two dwelling units, in which all or part of one dwelling unit is over all or part of the other dwelling unit.
ELIGIBLE HOUSEHOLD
A low- or moderate-income household that purchases or rents an affordable housing unit and occupies it as their domicile and principal residence.
EMERGENCY EGRESS LIGHTING
Luminaires designed to illuminate emergency egress doors and where such luminaires are connected to and activated by the emergency activation/fire alarm system.
ERECT
To construct or reconstruct or excavate, fill, drain, or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction, or to move a building or structure upon a lot.
EXEMPT RELIGIOUS OR EDUCATIONAL USE
Those uses which are exempt from zoning regulations as specified in Chapter 40A, Section 3 of the General Laws of Massachusetts, namely the use of land or structures for religious purposes or for educational purposes where educational purposes are pursued or provided by the state or any of its agencies, subdivisions or bodies politic, or by a nonprofit educational corporation, or as may be later amended.
EXISTING
In existence or as existing at the date of adoption of this Zoning Ordinance in 1926 or any amendment hereto.
FAMILY DAY CARE
Family day care home as defined in § 9 of M.G.L.c.28A, for not more than ten children. Unless otherwise stated in this Bylaw, family day care licensed by the Massachusetts Office for Children shall be considered an accessory use incidental to a residential use.
FAMILY/HOUSEHOLD
Residential occupancy of a building or portion of a building in a dwelling unit by any number of people living together as a single housekeeping unit.
FAST FOOD ESTABLISHMENT
Any place or premises used for sale, dispensing, or serving of food, refreshments or beverages where the primary business of the establishment is the sale of said items which are packaged or presented in such a manner that they can be readily eaten outside the building where it is sold.
FENCE
A man-made barrier intended to divide or mark a boundary between lots or parcels of land not to exceed six feet in height in a residential district and eight feet in height in non-residential districts, in each case measured from the existing finished grade of the lot, except for such lower heights as may be required by § 4.12. For purposes of this Zoning Ordinance, fences required around swimming pools shall be treated separately and shall be governed by the provisions of § 4.03(b).
FLOOD, BASE
The flood having a one percent chance of being equaled or exceeded in any one year.
FLOODWAY/100-YEAR FLOODPLAIN
A floodway includes the normal channel of a river or stream and those portions of the floodplains adjoining the normal channel which are reasonably required to carry off the flood flow. The 100-year floodplain is the area adjoining a river or stream which has been, or may hereinafter be, covered by flood waters from a 100-year flood.
FLOOR AREA RATIO (FAR)
Gross floor area of all buildings on the Lot measured in square feet, divided by the total square footage of the Lot.
FREESTANDING SIGN
Any sign not attached to a building or other improvement but instead permanently erected upon or standing in the ground and usually supported from the ground by one or more poles, columns, uprights, braces or cement anchors. Freestanding signs include monument signs but do not include portable signs.
FRONT BUILDING LINE
The wall of the Principal Building on a Lot which is parallel or most nearly parallel to the Street Line.
FRONTAGE
That part of a lot or lot line abutting on a street or way, to which the front facade of all buildings shall be oriented and if in question, as determined by the Zoning Enforcement Officer. (See also, § 2.48, LOT FRONTAGE).
GASOLINE SERVICE STATION
Area of land, including the structures thereon, that is used for the sale of gasoline or motor vehicle fuel, oil and other lubricating substances, and including the sale of motor vehicle accessories, and which may or may not include facilities for lubrication, washing, or making minor repairs to motor vehicles, but not including the painting thereof by any means nor the making of anybody repairs nor major repairs to the mechanical system or motor vehicles, nor doing any work requiring the use of any torch, forge, fire, or flame.
GROSS FLOOR AREA
The total area, expressed in square feet, of all floors of a building excluding all parking and loading areas, all parking structures, traditional roof appurtenances such as mechanical penthouses, all other mechanical rooms, atriums, flagpoles, chimneys and similar structures but including basements and mezzanines to the exterior walls thereof, and including partitions, stairwells, corridors and porches with permanent roofs.
HEIGHT OF BUILDING
The vertical distance between the highest point of the structure above the existing grade at any given point along the Front Lot Line as measured every 30 feet linearly; notwithstanding the foregoing, in instances where the Lot slopes away from the Front Lot Line more than 10 feet vertically as measured along a line of constant elevation perpendicular to the Front Lot Line taken every 30 feet, the height of the Building shall be the vertical distance between the highest point of the structure above the existing grade and a plane created by connecting the points every 30 feet linearly along the entirety of the property line.
HOME OCCUPATION
A business, profession, occupation or sale of articles produced on the premises where sold, conducted within a residential building or accessory structure for gain or support by one or more residents of the dwelling which:

(a) Is incidental and secondary to the residential use of the building;

(b) Does not change the essential residential character of the use and requires no exterior alterations or accessory buildings which are not customary with residential use;

(c) Is carried on solely by the residents of the dwelling except that no more than 2 non-residential employees may be allowed;

(d) Is confined to no more than 25% of the total floor area of the dwelling;

(e) Is not visible from any other residential structure, does not store outside of the dwelling any equipment or materials used in the home occupation;

(f) Does not produce any offensive noise, odor, smoke, dust, heat, glare, excessive traffic or other objectionable effects;

(g) Does not increase the average daily automobile trips generated by the residence in which the home occupation is located;

(h) The conducting of a clinic, convalescent home, nursing home, restaurant, guest house, animal hospital, commercial kennel, dancing or musical instruction in groups, barbershop, beauty salon, licensed day care centers, massage or muscular therapist shall not be deemed to be home occupations.
HOME OFFICE
A business, profession or occupation conducted within a residential building or accessory structure for gain or support by residents of the dwelling that conforms to the definition and requirements of a Home Occupation, except having no employees, no deliveries, and no customers that visit the site.
HOTEL, MOTEL
(a) A hotel is a building designed or used for 10 or more guests, primarily the temporary abode of persons who have their residence elsewhere.
(b) A motel is a hotel with direct access from each guest room to a parking space.
IDENTIFYING SIGN
Any permanent structure or building surface, or part thereof or device attached thereon or other outdoor surface or any combination of one or more of the foregoing containing any word, letter, symbol, drawing, model, banner, picture or design, or any device used for visual communication which identifies or calls attention to any premises, person, product, activity, service, or business, directing the subject thereof to the attention of the public. Signs do not include non-commercial murals.
ILLUMINATED SIGN
Any sign which is lighted by artificially generated light, either directly or indirectly.
IMPERVIOUS COVERAGE
The maximum percentage of a lot that may be covered with impervious surfaces, including but not limited to buildings, impervious driveways and parking areas, access roads, sidewalks, tennis courts, above-ground and in-ground swimming pools, concrete air conditioner pads, decks that do not allow rain water to be directly absorbed by the ground, patios, or any other material placed on or above the earth which substantially reduces or prevents the natural percolation of water.
INCLUSION UNIT
An affordable housing unit built on the same site as the market-rate units in a covered development under § 5.07.
INDUSTRY, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in manufacturing processes using flammable or explosive materials, or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of said products.
INTERESTED PARTY
The petitioner for a variance, special permit or appeal and the abutters of the area or premises which is the subject of the petition, as well as the owners of the land directly opposite such area or premises on any public or private street, owners of land that are abutters to abutters of the subject property within 300 feet of the property line of such area or premises all as they appear on the most recent applicable tax list, and the Planning Board, as well as the Planning Boards of every abutting municipality.
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LANDSCAPED
Land fully developed and maintained to present a pleasant appearance, provide for stormwater retention and groundwater recharging, and to stabilize the soil, using primarily non-invasive vegetation and natural features of the site. Native and drought-tolerant plantings should also be considered where appropriate.
LICENSED DAY CARE
A day care or school-age child care facility as defined in § 9 of M.G.L.c.28A and licensed by the Massachusetts Office for Children.
LOCAL INITIATIVE PROGRAM
A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 56.00 to develop and implement local housing initiatives that produce low- and moderate-income housing, with or without a comprehensive permit as defined in Chapter 40B, Section 20 through Section 23 of the General Laws.
LODGER
A person who rents space for living or sleeping purposes without separate cooking facilities.
LODGING HOUSE, LICENSED
Any dwelling other than a hotel or motel in which living space is let to five(5) or more persons, including dormitories, fraternity houses and similar uses.
LOT
A parcel of real estate as described in a deed or shown on a plan separate from any other parcel, such deed or plan being recorded in the registry of deeds or approved by the Planning Board and on file with the Engineering Department.
LOT AREA
The horizontal area of the lot exclusive of any public or private way open to public uses.
LOT FRONTAGE
The boundary of a lot on land coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site; measured continuously along one street line between side lot lines. In the case of corner lots, measured between the side lot line and the mid-point of the corner radius on the street designated as the frontage street by the owner or, failing that, by the Zoning Enforcement Officer. (See also, § 2.31, FRONTAGE).
LOT LINE, FRONT
A line dividing a lot from the street identified as providing frontage (see § 2.48) and having building front facade oriented toward said lot frontage. Where the lot frontage on the street is less than the potential lot width in the district in which it is located, any lot line or part of a lot line shall be considered to be a front lot line for purposes of calculating front yard requirements if a straight line drawn from a point on the lot line to and perpendicular to the street providing potential access to the lot passes across any part of another lot to which it is contiguous.
LOT LINE, REAR
The lot line opposite the front lot line; when questioned, as determined by the Zoning Enforcement Officer.
LOT LINE, SIDE
The portion of the lot boundary that connects the front lot line to the rear lot line; when questioned, as determined by the Zoning Enforcement Officer.
LOT LINE, STREET OR STREET LINE
A line dividing a lot from a street.
LOT WIDTH
The distance between the side lot lines along the front yard setback line.
LOW IMPACT DEVELOPMENT
A site design strategy for managing stormwater by maintaining or replicating the predevelopment hydrologic functions through the use of design techniques to create a functionally equivalent hydrologic landscape. Commonly referred to as "LID"
LOW- OR MODERATE-INCOME HOUSEHOLD
A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan area that includes the City of Watertown, as determined annually by the United States Department of Housing and Urban Development (HUD).
MARIJUANA
Shall be as defined under Chapters 94C, 94G and 94I of the Massachusetts General Laws, 105 Code of Massachusetts Regulations 725.004, and 935 Code of Massachusetts Regulations 500.002 and 935 CMR 501.003.
MARIJUANA ESTABLISHMENT
This term shall include licensed marijuana establishments as defined in M.G.L. c. 94G, § 1, and other applicable law, which include a marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer (store-front or delivery only), marijuana social consumption establishment (primary or mixed use), marijuana transporter (third party or existing licensee), marijuana micro-business, or any other type of licensed marijuana related business. Marijuana testing laboratories shall be defined as found in M.G.L. 94G and the regulations promulgated thereunder.
MARKET-RATE DWELLING UNIT
All dwelling units in a development subject to this § 5.07 that are not affordable housing units as defined herein.
MARQUEE SIGN
An identifying sign hanging from or supported by a permanent marquee or overhang.
MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT
A purchase price or monthly rent that complies with the requirements and Table shown in § 5.07(d)(4) and that complies with the regulations and guidelines of the DHCD Local Initiative Program and the Watertown Planning Board, except that developments subject to § 5.07(j)(3) shall comply with the maximum purchase price or rent requirements of that section. For homeownership units, the maximum affordable purchase price shall account for the monthly cost of a mortgage payment, property taxes, insurance, and condominium fees where applicable. For rental units, the maximum affordable rent shall account for the monthly cost of rent and utilities. The household income used to compute the maximum affordable purchase price or rent shall be adjusted for household size, considering the household size for which a proposed affordable unit would be suitable under guidelines of the Local Initiative Program or any successor affordable housing program established by the state.
MEDICAL MARIJUANA
Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions.
MEDICAL MARIJUANA TREATMENT CENTER OR REGISTERED MARIJUANA DISPENSARY
Shall mean an entity as defined by Massachusetts law only, registered with and licensed by the Department of Public Health, the Cannabis Control Commission, or any other successor agency that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal care-givers.
MIXED USE DEVELOPMENT
A development that combines residential with retail or service uses within the same building or on the same site, in one or more of the following configurations:
MOTOR VEHICLE BODY WORK ESTABLISHMENT
Area of land, including the structures thereon, that is used for making repairs to, altering in a structural manner, or painting in any manner, the body of motor vehicles.
MOTOR VEHICLE REPAIR ESTABLISHMENT
Area of land, including the structures thereon, that is used for the purpose of repairing, replacing, or altering the motor system, the muffler and/or exhaust systems, and/or other mechanically moving parts of a motor vehicle, and including glass installation, upholstery repair, installation of various automotive accessories such as sun roofs, radios, auto body painting, and similar activities.
NON-ACCESSORY SIGN
Any billboard; or any sign or advertising device advertising a business, service, product or activity at other locations.
NON-CONFORMING BUILDING OR LOT
A building or lot that does not conform to a dimensional regulation prescribed by this Zoning Ordinance for the district in which it is located or to regulations for signs, off-street parking, off-street loading or accessory buildings but which Building or lot was in existence at the time the regulation became effective and was lawful at the time it was established.
NON-CONFORMING USE
A use of a building or lot that does not conform to a use regulation prescribed by this Zoning Ordinance for the district in which it is located, but which was in existence at the time the use regulation became effective and was lawful at the time it was established.
OCCUPIED
"Occupied" shall include the words "designed, arranged, or intended to be occupied."
OPEN SPACE
Areas open, and unobstructed to the sky that can be used for active or passive recreation purposes. Amenities such as a plaza, square, courtyard, paths, or outdoor dining areas, and items such as benches, walkways, planters, landscaping, swimming pools, kiosks, gazebos, and similar structures shall not be considered as obstructions. Opportunities should be sought that bring together the open space requirements of adjoining properties in order to foster a more coherent and continuous landscape network. Parking and loading areas of any type shall not be allowed in any required open space.
Further, in all residential districts, the minimum required open space shall be contiguous and pervious, and shall not include any side yard driveway buffer where required by this Ordinance.
OPEN SPACE, PUBLICLY USABLE
Open Space as defined by § 2.62: Open space. that is designed for and open to the public.
OPERABLE (MOTOR VEHICLE)
Legally fit to be driven, except for lack of registration.
PRINCIPAL USE
The primary use of the Building or Lot, as the context may require.
PROFESSION
Architecture, engineering, law, medicine, dentistry, or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning demonstrating successful completion of a prolonged course of specialized intellectual instruction and study, and also possessing evidence of professional capability such as membership in a professional society requiring standards of qualification for admission.
PROJECTING SIGNS
Any non-translucent sign which is affixed at a right angle to the building wall, which include fin, blade, and symbol signs.
RENEWABLE OR ALTERNATIVE ENERGY
The following renewable or alternative energy generation activities, products, or technologies: solar (both photovoltaic (PV) and thermal); wind; biomass power conversion or thermal technologies, including R&D related to, or the manufacture of, wood pellets; ultra-low emissions high efficiency wood pellet boilers and furnaces; low impact hydro (electric or kinetic); ocean thermal, wave or tidal; geothermal; landfill gas; fuel cells that use renewable energy; advanced bio-fuels; combined heat and power; electric and hydrogen powered vehicles and associated technologies including advanced batteries and recharging stations."
RENEWABLE OR ALTERNATIVE ENERGY RESEARCH, DEVELOPMENT OR MANUFACTURING FACILITIES
Facilities used primarily for research, development, manufacturing and/or testing of innovative renewable or alternative energy information, concepts, methods, processes, materials or products. This can include the design, development, manufacturing and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing.
RESEARCH FACILITY
A facility that has been licensed as required by state and federal authorities for the testing and development of various mechanical, electronic, photonic, agricultural, medical, and biotechnological products and services.
RESTAURANT, DRIVE-IN; REFRESHMENT STAND, DRIVE-IN; EATING ESTABLISHMENT, DRIVE-THROUGH
Any premises used for the sale, dispensing or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may consume the food, refreshments or beverages on the premises, when received through a service window.
RETAIL
Establishments used for the sale of a variety of goods at retail and personal and professional services pertaining to health, beauty, and similar services but not fitness centers.
RETAINING WALL
A structure in the form of a wall for holding in place a mass of earth or the like at the edge of a terrace, excavation or property line provided that any retaining wall located along a property line and extending more than six feet above the average finished grade of the adjacent lot(s) shall be considered an accessory building and must conform to the yard and height restrictions for accessory buildings in § 4.03.
SCREENING
A natural occurrence or a man-made device which shields from view various land use activities.
SELF-SERVICE STORAGE FACILITY
A building consisting of small, individual self-contained units that are leased or owned for the storage of business and household goods or contractor supplies, but precluding individual storage units that have at grade and direct vehicular access.
SETBACK
The minimum horizontal distance from the lot line or street line to the nearest part of the structure.
SIGN
Sign shall mean and include any permanent or temporary structure or building surface, or part thereof or device attached thereon or other outdoor surface including billboards or any combination of one or more of the foregoing containing any word, letter, symbol, drawing, model, banner, picture or design, or any device used for visual communication which identifies or calls attention to any premises, person, product, activity, service or business, directing the subject thereof to the attention of the public.
SIGN, AREA OF
(a) For a sign, either free-standing or attached, the area shall be considered to include all lettering, accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.
(b) For a sign painted upon or applied to a building, the area shall be considered to include all lettering, accompanying designs or symbols together with any backing of a different color than the finish material of the building face.
(c) Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols.
SMALL-SCALE INCLUSION DEVELOPMENT
A covered development that provides 6 or more up to 10 dwelling units.
SMART GROWTH
Collection of land use planning techniques that features walkable, mixed-use, transit-oriented development with the objective of creating more attractive, livable, economically strong communities while protecting natural resources.
SOLAR ENERGY SYSTEM
A device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
SOLAR ENERGY SYSTEM, ACTIVE
A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED/CANOPY
An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
An Active Solar Energy System that is structurally mounted to the roof of a building or structure.
SOLAR-READY ZONE
The solar-ready zone area is 50% of the roof area that is either flat or oriented between 110 degrees and 270 degrees of true north, exclusive of mandatory access or set back areas as required by the MA Fire Code.
SPECIAL PERMIT
A special permit is a permit for certain exceptions specified in this Zoning Ordinance to the zoning regulations contained herein which may be allowed at the discretion of the designated permit granting authority (PGA) when the provisions of Article IX (including site plan review as applicable) have been met. The designated PGA for special permits may be the Planning Board or the Zoning Board of Appeals depending on the zoning district. A site plan review permit is a permit granted for an allowed use when the site plan review criteria set forth in § 9.03 have been met, or can be met through reasonable conditions imposed by the Planning Board, which shall be the PGA.
STORY, HALF-STORY
(a) The space between any floor and the floor or roof next above improved for residential occupancy, provided however that any basement shall not be deemed a story.
(b) A story under a sloping roof (defined as and required to be at least a 6/12 pitch, except dormers, which shall have at least 3/12 pitch) shall be deemed a half-story if less than 50% of its area has a clear interior height of seven feet or more, improved or intended to be improved for residential occupancy. Any new construction with ceiling height 4 feet and above shall be included in the floor area, except where a dormer is required over an existing stairway that has been deemed by the Inspector of Buildings to be a hazardous means of egress.
STREET
A public or private way, alley, lane, court or sidewalk which is open to the public or dedicated to public use; and parts of public places which form traveled rights of way.
STRUCTURE
A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part thereof."
SUBSIDIZED HOUSING INVENTORY
The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04.
SYMBOL SIGN
Any non-translucent sign which is a three-dimensional representation or illustration of the activity of the business or service.
TEMPORARY SIGN
Any sign constructed of light material which is intended to be displayed for a short period of time only. A Temporary Accessory Sign is one which is accessory to an activity on the premises, such as the temporary sign of a real estate agent, architect, contractor, painter or other artisan or advertising a sale or other temporary activity in progress, and such sign may be placed on the ground or attached to a wall. A Temporary Non-Accessory Sign refers to an event not related to the premises and may also be in the form of a placard or banner attached to posts or trees on private property only. A Temporary Identifying Sign is one which identifies the business at the location where it is, or will be, erected during the period of construction, or alteration, or during the replacement of an obsolete or inapplicable sign.
TRANSLUCENT SIGN
Any sign illuminated from the interior by an even light.
TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM PLAN)
To include, but not be limited to, a set of procedures, policies and practices which, when taken as a whole, are intended to reduce the number of single occupant vehicle trips traveling to or from a site, and which includes quantifiable goals and a plan for the collection and analysis of data to measure achievement of goals.
USE
The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.
VARIANCE
Such relief from the zoning regulations contained in this Zoning Ordinance as may be necessary to avoid unique and undue hardship to the appellant and which may be granted by the Board of Appeals subject to the provisions of § 9.14-9.17.
WALKWAY ACCENT LIGHTING
Luminaires that are up to 42 inches tall in total height, and are used to illuminate walkways, curbs, or similar situations, but not landscaping.
WALL SIGN
A sign painted on or attached and parallel to the wall of a building, but not including signs attached to fences unless set back from all lot lines as required for a building in a district.
WHOLESALE
The storage, sale and/or resale of goods or products in large quantity to retailers or jobbers rather than consumers.
WIRELESS TELECOMMUNICATIONS FACILITY
An apparatus or facility providing telephone, radio, television, or other wireless communications through the sending and/or receiving of electromagnetic waves, by means of any of the following:
YARD, FRONT
An open space between the nearest point of a building and the front lot line extending to the side yard lines.
YARD, REAR
An open space extending along the full length of the rear lot line or lines and between such line or lines and the nearest point of the building.
YARD, SIDE
An open space between a side lot line of a lot and the nearest point of the principal building and extending from the front lot line to the rear lot line.
Note: The provided images are illustrative only and not intended to be regulatory.
For the purposes of this Zoning Ordinance, words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future. The word "shall" is mandatory and not merely directory. The word "building" includes "structure". The word "lot" includes the word "plot". The word "land" includes the words "marsh", "wetland" and "water". The following words and phrases (whether capitalized or not) shall have the meanings given in the following clauses, unless a contrary intention clearly appears.