2.1 Definitions: For the purposes of this bylaw certain terms and words are herein defined as follows: Words used in the present tense include the future; words used in the singular number include the plural and words used in the plural number include the singular; the word "shall" is mandatory and not directory; the word "lot" includes the word "plot;" the word "land" includes the words "marsh" and "water."
2.1.1 Accessory use of structure: A use of structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
2.1.2 Adult theater: 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 G.L. c. 727, Sec.~31. (5-2-94, Art, 5)
2.1.2.1 Adult bookstore: An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other matters which are distinguished as characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L.~c.~272, Sec.~31. (5-3-94, Art. 5)
2.1.2.2 Adult video store: An establishment having as 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 said section thirty-one of said chapter two hundred and seventy-two, G.L. c. 272, Sec.~31. (5-2-94, Art. 5; 12-2-96, Art. 4)
2.1.2.3 Adult dance club: An establishment having as a substantial or significant portion of its entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement, as defined in G.L. c. 272, Sec.~31. (5-2-94, Art. 5)
2.1.2.4 Adult motion picture theatre: 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 G.L. c. 272, Sec.~31. (12-2-96, Art. 4)
2.1.2.5 Adult paraphernalia store: 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 G.L. c. 272, Sec.~31. (12-2-96, Art.~4)
2.1.2.6 Establishment which displays live nudity for its patrons: Any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in G.L. c. 272, Sec.~31. (12-2-96, Art.~4)
2.1.2.7 Substantial or significant portion: The term “substantial and significant portion” as used with respect to adult uses shall mean any of the following:
(a) Twenty percent (20%) or more of the business inventory or stock of merchandise for sale, rental, distribution or exhibition during any period of time; or
(b) Twenty percent (20%) or more of the annual number of gross sales, rentals or other business transactions; or
(c) Twenty percent (20%) or more of the annual gross business revenue; or
(d) Twenty percent (20%) or more of the hours during which the establishment is open. (12-2-96, Art. 4)
2.1.3 Animal or Veterinary Hospital: Commercial facilities for keeping animals to be treated, in treatment or recovering from treatment, in accord with normal veterinary practice as established by the Massachusetts Board of Registration of Veterinary Medicine.
2.1.4 Apartment building: A dwelling designed to accommodate three or more dwelling units; multi_family.
2.1.5 Automobile repair, sales, filling station, storage: See Filling Station, Garage, Private, Garage Public and Gasoline Station.
2.1.6 Boarding house: A building or premise other than a hotel, inn, motel, tourist house or lodging house, where rooms are let and where meals may be regularly served by prearrangement for compensation; not open to transient guests in contrast to hotels, restaurants, and tourist homes, open to transients.
2.1.7 Body Art: The practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, braiding and scarification. The definition does not include practices that are considered medical procedures by the Board of Registration in Medicine. (4-03-011, Art. 9)
2.1.8 Buildings: A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property.
2.1.8.1 Building, attached:
(a) A building having any portion of one or more walls in common with adjoining buildings; or
(b) A building separated from another building by a contiguous wall or walls without any side yards; or
(c) A building having any connecting or separation materials between it and another building. (10-26-87, Art. 6)
2.1.8.2 Building, detached: A building having open space on all sides from the ground up and having no direct or indirect physical connection with another building or structure. (10-26-87, Art. 6)
2.1.9 Building coverage: The aggregate ground floor area of all buildings on the lot, including accessory buildings but excluding unroofed porches and steps and cornices, eaves, chimneys, or gutters projecting not more than thirty (30) inches, expressed as a percentage of the lot.
2.1.10 Building height: The vertical distance from the average elevation of the finished lot grade at the front (containing the primary entranceway) of the building, to the highest point of the top story in the case of a flat roof, and to the mean height between the plate and the ridge in the case of a pitched roof; except that in instances where the topography is extremely irregular or there is frontage on two streets, the following will apply:
No structure shall exceed the specified height in feet listed in Table One Dimensional Requirements (Section 5.2.1) except for lots with a slope variance greater than seven (7) feet at the structure. In no case shall the height of any exposed portion of a structure be greater than the allowable height in Table I plus seven (7) feet for all sloped lots with a slope variance greater than seven (7) feet, or the average variance, whichever is less, as determined by the Building Inspector. (10_21_85, Art.~15; 10_30_89)
2.1.11 Building Inspector: The Inspector of Buildings appointed by the Town Administrator and charged with the enforcement of this ordinance, or his duly authorized representative.
2.1.12 Certificate of Occupancy and Compliance: A statement signed by the Building Inspector setting forth either that a building or structure complies with the provisions of this Chapter or that a building, structure or parcel of land may lawfully be used for specified uses, or both.
2.1.13 Church or other place of worship: A church, temple, synagogue, mosque or other similar place of worship.
2.1.14 Club: A building or portion thereof, or an area, which is used to meet the social and recreational needs of a non_profit group or organization to which membership is limited or controlled.
2.1.15 Condominium: A system of real estate ownership in which a person or persons, partnership or corporation own one or more units or parcels in a multi_unit structure or parcel of land plus an undivided interest in elements and/or components owned jointly by all of the unit owners, or as defined in Chapter 183A of the General Laws of Massachusetts, as amended.
2.1.16 Congregate housing: A non_profit group living arrangement for elderly persons, 59 years of age or older, who cannot easily maintain their own housing, financially or otherwise, who do not need nursing home care. The persons living together may care for themselves or may have some support services.
2.1.17 Conversion: A transformation of all or a portion of a building which results in a greater number of units of each use. Also, a transformation which changes the types of use of a building from one to another.
2.1.18 Cooperative: A system of ownership in which shares in a corporation are owned, entitling an owner or owners to occupancy of a portion of real estate owned by the corporation.
2.1.19 Design review: The process wherein a developer's site plan is submitted to the Town for examination and evaluation of the technical elements of the submitted materials as well as determination of how well the plan itself meets officially adopted criteria.
2.1.20 Distribution: The movement of products, generally between storage and retail locations.
2.1.21 Dwelling: Any building, or part thereof, used for habitation for one (1) or more persons, but not including commercial accommodations for transient occupancy or trailers or mobile homes, however mounted.
2.1.22 Dwelling unit: One (1) or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one (1) or more persons living together as a single housekeeping unit.
2.1.23 Education Facility: An institution for educational instruction, including buildings, accessory structures and outdoor play areas. (5/7/98; Art. 13)
2.1.24 Family: One (1) or more persons living together in one (1) dwelling unit as a single housekeeping unit as distinguished from a group occupancy, a boarding house, rooming house, club, hotel or other communal arrangements.
2.1.25 Filling station: Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles. (See also Gasoline Station.)
2.1.26 Floor area, net: The sum of the interior floor area of the floors of a building exclusive of unoccupied basements, stair wells, halls, bathrooms, corridors, attics, walls, partitions, porches, and attached accessory buildings, as measured between exterior faces of walls.
2.1.27 Floor area, gross: The sum of the areas of the several floors of a building as measured by the exterior faces of the walls, not including the area of cellars, atriums, unroofed porches, balconies or terraces, attics not used for human occupancy or any floor space in an accessory building or in the main building intended for or designed for parking of motor vehicles. However, gross floor area shall include the floor space in a principal building devoted to any home occupation.
2.1.28 Floor area ratio: Gross floor area of all buildings on the lot divided by total lot area.
2.1.29 Frontage: The linear extent of a lot measured along a street right_of_way from the intersection of one side lot line to the intersection of the other of the same lot, which can be used for access to the lot, but not including any portion thereof serving more than one (1) lot or dwelling unit.
2.1.30 Garage, private: Covered space for the housing of motor vehicles, but not for the rental of more than two (2) stalls or for commercial repair or commercial storage.
2.1.31 Garage, public: Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, or supplying of gasoline or oil to motor vehicles.
2.1.32 Gasoline station: An establishment which provides for the servicing of motor vehicles and operations incidental thereto, which may include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means. (See also Filling station.)
2.1.33 Hazardous materials: A substance or solid material in a quantity or form that significantly contributes to serious illness or death, or that poses a substantial threat to human health or poses an unreasonable risk to health, safety, property or the environment when improperly managed, including all materials listed, or listed in the future, as hazardous by the Environmental Protection Agency, under the Toxic Substance Control Act, Federal Resource Conservation and Recovery Act, or similar authority, the Department of Energy, or by the Commonwealth of Massachusetts pursuant to applicable General Laws.
2.1.34 Health Care Facility: See Hospital and Long Term Care Facility:
2.1.35 Home occupation: An endeavor involving the production of goods or services conducted from a dwelling which endeavor is secondary to the use of the dwelling for residential purposes and which does not change the residential character thereof.
2.1.36 Hospital: An institution licensed by the Commonwealth of Massachusetts as a hospital providing health services for in_patient and out_patient medical or surgical care of the sick or injured and including related facilities such as, but not limited to, laboratories, out_patient departments, central staff service facilities, and staff offices which are an integral part of the institution.
2.1.36.1 Hospital, veterinary: A building providing for the diagnosis of ailments of animals other than human, including facilities for overnight care.
2.1.37 Hotel: A building designed or used for paying guests, primarily the temporary abode of persons who have their residence elsewhere, who are lodged with or without meals, and in which major provision for cooking may be made in a central kitchen but may not be in the individual rooms or suites; access to individual rooms shall be available only through a common lobby and/or interior corridors.
2.1.38 Industrial park: An area planned for occupancy for more than one (1)~industrial building with shared common areas and/or parking areas.
2.1.39 Inn: See Hotel.
2.1.40 Junkyard: The use of any lot, whether inside or outside a building, for the storage of junk, rags, or scrap materials, or the storage, dismantling, demolition or abandonment of construction equipment or machinery or parts thereof or of unregistered automobiles or other vehicles not in condition for use on a public highway.
2.1.41 Kennel: Facilities for keeping three (3) or more dogs or cats three (3)~months old or older on a single premise, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs or cats are customarily kept for sale.
2.1.42 Kindergarten: A school or class of young children, usually from four (4)~to six (6) years of age.
2.1.43 Landscaped land: Land fully developed and maintained to present a pleasant appearance and to stabilize the soil, using primarily vegetation and natural features of the site, although these may be supplemented by decorative paving.
2.1.44 Loading space, off_street: An off_street space or berth, on the same lot with a building, for the temporary parking of vehicles while loading or unloading merchandise or material, and which has access to a street or other appropriate means of ingress and egress.
2.1.45 Lodging house, licensed: A licensed dwelling other than a hotel or motel in which living space is let.
2.1.46 Long_Term Care Facility: Any institution whether conducted for charity or profit which is advertised, announced and maintained for the express or implied purpose of providing three (3) or more individuals admitted thereto with long_term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long_term care facility shall include convalescent or nursing homes, rest homes, infirmaries maintained in towns and charitable homes for the aged (Massachusetts Department of Public Health Regulations 105 CMR 151.000, effective February 6, 1980).
2.1.47 Lot: A parcel of land which is or may be occupied by a building and accessory buildings including open spaces required under this Chapter. "Lot" includes the words "plot" or "parcel."
2.1.48 Lot, building: Any single parcel of land as shown or defined on a recorded instrument or defined by metes and bounds, which is designated by its owner at the time of filing for a building permit or certificate of occupancy as a tract to be used, developed or built upon, and not including any part of a street. See also, Lot, Corner.
2.1.49 Lot, corner: A lot abutting on two (2) or more streets at their intersection.
2.1.50 Lot width: The shortest distance between the side lot lines of the lot measured at the minimum setback line.
2.1.51 Manufacturing: Fabrication with hands or machinery.
2.1.52 Manufacturing, heavy: Fabrication of raw materials.
2.1.53 Manufacturing, light: Assembly of parts or materials fabricated off_site.
2.1.54 Medical office: The office of a physician, dentist, or other licensed medical professional.
2.1.55 Mobile home: Any vehicle or object, which is drawn by or used in connection with a motor vehicle, and which is so designed and constructed or reconstructed or added to by means of such accessories as to permit the use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundations. It shall include the type of vehicle or modular construction commonly known as a mobile home, containing complete electrical, plumbing, and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters.
2.1.56 Monopole: The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top. The provisions of this bylaw applicable to any other free-standing device if, despite the explicit prohibition contained in this bylaw on any free-standing device other than a monopole, a court of competent jurisdiction, after the exhaustion of all appeals, requires such free-standing device be allowed. (10-27-97, Art. 10)
2.1.57 Motel: See Hotel; provided, however, that access to individual rooms may be available directly from the exterior of the building.
2.1.58 Multi_family: See Apartment Building.
2.1.59 Non_conforming lot: A non_conforming lot is an existing lawful lot, which does not conform to the regulations of the District in which it is located and which existed at the time of the publication of the notice of the hearing before the Planning Board or Board of Selectmen, whichever was first, respecting the regulation to which it does not conform.
2.1.60 Non_conforming structure: Any structure which does not conform to dimensional regulations or to the parking and loading requirements of this ordinance for the District in which it is located; provided that such structure was in existence and lawful at the time of the publication of notice of the hearing before the Planning Board or Board of Selectmen, whichever was first, respecting the regulation to which it does not conform.
2.1.61 Non_conforming use: An existing lawful use of land or building which does not conform to the regulations for the District in which such use of land or building exists and which existed at the time of the publication of notice of the hearing before the Planning Board or Board of Selectmen, whichever was first, respecting the regulation to which it does not conform.
2.1.62 Nursery school: A place for group pre_school training of children.
2.1.63 Office park: An area planned for occupancy of more than one (1) office building with shared common areas and/or parking area.
2.1.64 Outdoor auto sales: Automobile rental, leasing, and/or sales, or the storage of vehicles for rental, leasing and/or sales, but not including the service, repair or dismantling of any automotive vehicle, conducted in whole or in part in an area which is not enclosed within a building or structure.
2.1.65 Parish house: A building used for non_religious, non_residential, non_profit functions of a congre-gation or church.
2.1.66 Parking space: An area for temporary or permanent storage of a vehicle.
2.1.66.1 Parking structure, open: A structure for the parking of passenger cars wherein two (2) or more sides of such structure are not less than fifty (50) percent open on each floor or level for fifty (50) percent of the distance from the floor to the ceiling and wherein provisions for the servicing and repairing of such vehicles is not made. (5_2_88, Art.~19)
2.1.67 Person: The word person shall include a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
2.1.68 Professional office: An office of recognized professionals, such as physicians, dentists, lawyers, engineers, artists, musicians and teachers, who are qualified to perform services of a professional nature.
2.1.69 Public or semi_public building or use: A building or use owned or operated by a local, county, state or federal governmental agency.
2.1.70 Rectory: Parsonage or dwelling occupied by a rector, minister, priest, rabbi or similar person in charge of a congregation or church.
2.1.71 Rooming house: See Boarding house.
2.1.72 Setback or line of setback: The distance from a lot line to part of structure nearest the lot line measured at right angles to the lot line, not including cornices, walls and fences. (10-26-98, Art. 10)
2.1.73 Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, whether stationary or portable, by which anything is made known, such as are used to designate or locate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public or private street or right_of_way and used to attract attention.
2.1.74 Special Permit: As defined in Massachusetts General Laws Chapter 40A, Sections 9 and 9A.
2.1.75 Storage: The deposit and/or care of materials in a warehouse or otherwise for safekeeping and/or ultimate distribution.
2.1.76 Story: That portion of a building included between the surface of any one 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. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof. One_half (½) story means any story or space situated wholly or partly in the roof, so designed, arranged, or built to be used for storage or habitation.
2.1.77 Street: A way legally open and available for safe public travel under at least one of the following classifications:
(a) A public way or way which the Town Clerk or Town Engineer certifies is maintained and used as a public way; or
(b) A way shown on a definitive subdivision plan approved and endorsed in accordance with the Subdivision Control Law and recorded at the Registry of Deeds and constructed in accordance with said plan or having a sufficient performance guarantee to ensure completion of construction in accordance with said plan; or
(c) A way in existence when the Subdivision Control Law became effective in the Town of Stoneham which, in the opinion of the Planning Board has sufficient width, suitable grade, adequate site distance and turning radius, complies with the engineering requirements for safe entry and egress to or from another way and has adequate construction to provide for the needs of vehicular and pedestrian 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 all in accordance with the requirements of the Department of Public Works.
(d) A way constructed pursuant to the provisions of Section 7.5.2.3
A public or private way aforesaid shall not be deemed to be a "street" as to any lot of land that does not have rights of access to and passage over said way, except to the extent a way may provide the principal means of access for the granting of a building permit, otherwise permitted pursuant to the zoning Bylaws, for an accessory structure or for an addition, alteration or renovation of a building lawfully constructed prior to the adoption of Section 7.5.2.3 regardless of the type or nature of the way offering the principal means of access to said building or use. (5-5-97, Art. 2)
2.1.78 Street line: The dividing line between a street and a lot and, in the case of a public way, the street line established by the public authority laying out the way upon which the lot abuts.
2.1.79 Structure: Any construction, erection, assemblage or other combination of materials upon the land, necessitating pilings, footings, or a foundation for attachment to the land to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, fence, platform, swimming pool or the like. (See Temporary Structure.)
2.1.80 Swimming pool: An artificial pool of water or a natural pool altered to have a depth of two (2) feet or more at any point or seventy_five (75) or more square feet of surface and used for swimming or bathing, located indoors or outdoors, together with the equipment, and appurtenances used in connection with the pool.
2.1.81 Temporary structure: A structure which is erected for use for not more than one (1) year. Such structures shall include tents, portable bandstands, bleachers, reviewing stands, a mobile home used in conjunction with construction activities or other structures of similar character.
2.1.82 Tourist home: See Hotel.
2.1.83 Town house: A single family dwelling attached to another single family dwelling in such a manner that each dwelling has a floor at ground level and front and rear access to the outside.
2.1.84 Trailer: Any vehicle or object which is drawn by a motor vehicle.
2.1.85 Use: A manner of utilizing, by design or intent, land or buildings for purposes, including maintaining premises, occupying premises, erecting, altering, restoration, enlargement or moving a building or structure upon land to accomplish such purpose.
2.1.86 Variance: As defined in Massachusetts General Laws Chapter 40A, Section~10.
2.1.87 Warehousing: The storage and/or distribution of goods and materials from a storehouse or center.
2.1.88 Wholesale: The sale of goods in large quantity for the purpose of resale.
2.1.89 Wireless Communication Services: Personal wireless services as defined in the Federal Telecommunications Act of 1996, as amended, by way of example but not limitations: personal wireless services includes cellular telephone services, personal communications services and commercial mobile radio service. (10_27_97)
2.1.90 Wireless Service Facility: Facility for the provision of personal wireless services as defined by the Federal Telecommunications Act of 1996, as amended; such facilities include but are not limited to transmitting and receiving equipment, antennas, antenna structures and supports and related structures or equipment which are accessory to such facilities. (10_27_97)
2.1.91 Yard: An open space, other than an enclosed court, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and a lot line, and is not occupied or obstructed from the ground upward by a building or a structure, except for fences.
2.1.92 Yard, front: A yard extending across the full width of the lot and lying between the street line and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and front lot line.
2.1.93 Yard, rear: A yard extending across the full width of the lot and lying between the rear lot line 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.
2.1.94 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.
2.1.95 Wireless Communications Facilities: Any and all materials, equipment, storage structures, towers, and antennas, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services. (5_5_97, Art.~5)
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