~ 171-4. Interpretation of words and terms.
A. For the purpose of this chapter, certain terms and words are defined in ~ 171-5 and shall have the meanings thereby assigned to them. Words not defined in said section shall have the meanings given in Webster's Unabridged Dictionary.
B. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure"; the word "used" includes the words "arranged, designed or intended to be used."
~ 171-5. Terms defined.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING -- A subordinate building, the use of which is customarily incidental to that of a principal building and located on the same lot therewith.
ACCESSORY USE -- A use customarily incidental and subordinate to the principal use and located on the same lot therewith.
ATTIC -- The space between the ceiling beams of the top story and the roof rafters. [Added 5-3-1993 ATM, Art. 20]
CELLAR -- That portion of a building which is partly or completely below grade and having at least 1/2 its height below grade. [Added 5-3-1993 ATM, Art. 20]
COMMERCIAL PARKING LOT -- Any lot or structure, available to the public, whether operated for gain or not, and which is used principally for the short-term parking of motor vehicles, and which is not used for the repair of motor vehicles. [Added 5-7-2001 ATM, Art. 33]
DWELLING, MULTIFAMILY -- A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, ONE-FAMILY -- A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.
DWELLING, ROW -- A building consisting of a series of three or more noncommunicating dwelling units having a common wall between each two adjacent dwelling units.
DWELLING, TWO-FAMILY -- A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
DWELLING UNIT -- One or more rooms constituting a separate, independent housekeeping establishment with cooking, living, sanitary and sleeping facilities for the use of one family.
EDGE OF PAVEMENT -- The line between a paved and an unpaved surface. [Added 5-7-1990 ATM, Art. 7]
FAMILY -- One or more individuals related by blood, marriage or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit.
FAST-FOOD EATING ESTABLISHMENT -- A type of restaurant, with or without a drive-up window for serving customers in motor vehicles, which has as its principal business the sale of pre-prepared or quickly prepared foods or drinks, often using disposable containers or wrappers, for consumption either on or off the premises. [Amended 5-5-1997 ATM, Art. 29]
FLOOR AREA, GROSS -- The floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features. [Added 5-3-1993 ATM, Art. 20]
GARAGE, PRIVATE -- A garage not available to the public, used for storage purposes only, and in which no business, service or industry connected directly or indirectly with motor vehicles is conducted.
GARAGE, PUBLIC -- Any garage, other than a private garage, available to the public, operated for gain, and which is used for long-term (more than 24 hours) storage or repair of motor vehicles. [Amended 5-7-2001 ATM, Art. 33]
GARDEN CENTER -- A facility on a site of at least 10 acres that, excluding lawns and required buffers, has live nursery products planted outdoors in the ground, for sale or display, on at least 15% of its developed site from at least May through September of each year, that provides nursery and related items for use in and around gardens and that may also provide Christmas trees and other items related to holidays.
GASOLINE SERVICE STATION -- Any area of land, including structures thereon, which is used or designed to be used to supply motor vehicles with gasoline, oil, grease and customary accessories, and may include facilities for lubrication, washing, polishing and minor repairs.
GROUP RESIDENCE -- A residence or group home established for the purpose of serving the living, educational, training or rehabilitational needs of children or adults, such as those with physical or mental handicaps or learning disabilities, under the supervision of persons trained and licensed for such purpose.
HABITABLE SPACE -- Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space. [Added 5-12-2003 ATM, Art. 21]
HALF-STORY -- That portion of a building under a sloping roof, the cubic contents of which are never more than 1/2 of that of the story below. If the cubic contents are greater, it shall be deemed a story.
HEIGHT OF A BUILDING -- The vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the roof beams adjacent to the street wall and, in the case of pitched roofs, from the curb level to the mean height level of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the level of the highest point of the building. Where the walls of the building do not adjoin the street line or there is no curb, the average level of the finished ground surface along the main front wall of the building may be taken in measuring its height instead of the curb level.
HOTEL -- A building where food and lodging are provided for paying guests and having 11 or more rental rooms.
LOADING SPACE -- Accommodation off the street for loading and unloading of trucks, in the form of one or more truck berths located either within a building or in open space on the same lot.
LODGING HOUSE -- A dwelling where, for compensation, meals or lodging and meals are provided for three or more guests on a weekly or monthly basis, but with not more than 10 rental rooms.
LOT -- That area of land described in an application for a building permit or an occupancy permit, occupied or intended to be occupied by one principal building or use, or by a group of principal buildings together with accessory buildings, including such yards or open spaces as are arranged or designed to be used in connection with such buildings; provided, however, that no part of the lot that provides access to a proposed building site or to an existing building shall be less than 40 feet in width.
LOT, CORNER -- Any lot that occupies the interior angle at the intersection of two street lines which make an angle of less than 135° with each other, the owner of a corner lot having the privilege of specifying which street lot line shall be deemed the front line and being required, when requesting a building permit, so to specify.
LOT COVERAGE -- The portion of the lot area, expressed as a percent, that is covered by buildings and structures. Structures below the finished grade shall not be included in calculating the lot coverage.
LOT FRONTAGE -- The distance along the street line measured between the side lot lines, provided that at no place shall the depth of lot frontage be less than 20 feet in order to qualify for lot frontage under this chapter.
LOT LINE -- The boundary between lots or between a lot and a street. [Added 5-7-1990 ATM, Art. 7]
LOT WIDTH -- The distance along the building setback line measured parallel to or concentric with the street line.
MIXED USE -- A combination of uses in a building or on a lot in the Business Zones (B, B-1, B-2, B-2A, and I-2) that includes a residential use. Issuance of a mixed use special permit does not override any other zoning requirements. [Added 5-3-1999 ATM, Art. 31; amended 5-17-2004 ATM, Art. 18]
MULTIFAMILY DWELLING -- See "dwelling, multifamily."
NONCONFORMING BUILDING -- Any existing structure or building which does not conform to the height, density or yard regulations as set forth in Articles V, VI and VII for the district in which such use is located.
ONE-FAMILY DWELLING -- See "dwelling, one-family."
PARKING SPACE -- Accommodation for the parking of a motor vehicle on a lot provided for restricted use in connection with a particular business or private enterprise or as an adjunct to a housing development or private residence, whether operated for gain or not or whether cooperatively established and operated or not. Such parking spaces may consist of parking lots, private garages or other structures and accessories; they may be surface facilities above or under the ground.
PREMISES -- Any lot, area or tract of land, whether used in connection with a building or not.
PRIVATE GARAGE -- See "garage, private."
PROPERTY LINE -- The line between two abutting properties. [Added 5-7-1990 ATM, Art. 7]
PUBLIC GARAGE -- See "garage, public."
RESIDENCE, GROUP -- See "group residence."
SCHOOL, PRIVATE -- A duly organized school, other than a public or a parochial school, giving regular instruction in subjects ordinarily taught in the public schools, at least five days a week for eight or more months a year.
SITE PLAN -- A plan indicating, but not limited to, the following: the location of all existing and proposed buildings, structures, access roads, driveways, parking areas and other open spaces and all proposed site improvements, including recreational areas, fences, screening, walks and signs. A site plan, or any portion thereof, involving engineering, architecture or land surveying shall be prepared by a duly authorized engineer, architect, landscape architect or land surveyor. A site plan may be prepared on one or more sheets to show clearly the information required in this chapter and to facilitate the review and approval of the plan.
STORY -- That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the space between such floor and the ceiling next above it, provided that a cellar, a stairway or elevator penthouse or a roof structure housing machinery incidental to the operation of the building shall not be considered a story.
STORY, HALF -- See "half-story."
STREET -- A public way or a private way, either shown on a plan approved in accordance with the Subdivision Control Law or otherwise qualifying a lot for frontage under the Subdivision Control Law.
STREET LINE -- The right-of-way line of a street as established under public authority or as shown on a plan approved by the Planning Board, or, if neither of the above apply, a line parallel to the center line of the street measured back a distance equal to 1/2 of the normally required right-of-way. [Added 5-7-1990 ATM, Art. 7]
TWO-FAMILY DWELLING -- See "dwelling, two-family."
USE -- The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained. [Added 5-7-1990 ATM, Art. 7]
YARD -- An unoccupied space open to the sky on the same lot with a building or structure.
YARD, FRONT -- A yard extending across the full width of the lot and lying between the street line of the lot and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and the front lot line.
YARD, REAR -- A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and the rear lot line.
YARD, SIDE -- A yard between the side lot line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and the side lot line.
ZONING ACT, THE -- Chapter 40A of the Massachusetts General Laws.
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