Article VI. Definitions.
In this By-Law, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the By-Law. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The words "shall" or “will” are mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot"
includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied". The words "building," "structure," "lot," or "parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein, but defined in the Commonwealth of Massachusetts State Building Code, shall have the meaning given therein unless a contrary intention is clearly evident in this By-Law.
Accessory apartment: See Section 5.11.0.0.
Accessory building: A subordinate building located on the same lot as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land, such as a garage, playhouse or private greenhouse.
Accessory use: A use customarily incidental to the main or principal building or use of the~land. An accessory use must be subordinate to the main or principal use and it must be customarily related to the main or principal use.
Adult day care facility: A building or structure where care, protection, and supervision are provided, on a regular schedule, to adults over the age of eighteen (18).
Adult uses: See Section 5.10.0.0.
Agricultural use, nonexempt: Agricultural use of property not exempted by G.L. c. 40A, § 3.
Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extending on a side or by increasing in height, or the moving from one (1) location or position to another.
Assisted Living Facility (ALF): See definition in Section 3.6.2.0.
Automatic Automobile / Vehicle Washing Facility: An establishment providing washing, waxing and/or detailing of vehicles provided in whole or in part by automated facilities.
Automatic teller machine (ATM): A facility for the distribution of cash, whether attached to a principal structure or free-standing and remote therefrom, drive-through or walk-up.
Bank or financial institution: Any institution licensed by the federal government or licensed or chartered by the Commonwealth of Massachusetts as a bank, savings bank, trust company, credit union or any other bank charter form established under the Massachusetts General Laws.
Bed and breakfast establishment: Accommodations with not more than three (3) bedrooms occupied by bed and breakfast guests in which the owner of the establishment resides. Bed and breakfasts are intended for guest on intermittent visits, and shall not be used as long-term rental units or apartments. All parking for residents and guests shall be off-street. The existing (as of January 1, 1994) curb cut, driveway, and site parking shall not be enlarged or modified to accommodate the bed and breakfast. The existing (as of January 1, 1994) exterior form and architecture of the residence shall not be enlarged or modified to accommodate the bed and breakfast. No on-site or off-site signs shall be permitted regarding the bed and breakfast.
Billboard: A means of conveying information, or a device designed to attract attention, that is displayed for public view, and which indicates a use, activity, product, message, or advertisement not related to, or available on, the property where the sign is located. Municipal signs are exempt.
Building: A structure enclosed within exterior walls or firewalls, built, erected, and framed of 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 purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
Building coverage: That percentage of the lot or plot area covered by the gross floor area of a building or buildings.
Building height: In the case of flat roofs, the vertical distance from the highest point of the roof (or top of parapet if parapet is higher than plane of roof; but this would not apply to parapets two (2) feet in height or less) to the lowest finished grade of the ground adjourning any side of the building. In the case of sloped roofs, the vertical distance from the midpoint of the slope between the highest ridge and the main plate to the average finished grade of the ground adjourning the building. In neither case shall the height of a building be measured from the top of a basement, cellar, garage, storage area, etc., which is counted as a story. If the existing grades on the site prior to construction are raised one (1) foot or more (on average) for the new construction, then the height of
the building shall be calculated from the grades that existed prior to new construction.
Building line: A line even with the front of the principal building which runs across the entire width of the lot and parallel with the street.
Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.
Business, medical or professional office - large: A building or part thereof having more than ten (10) workers on-site concurrently (regardless of whether they be principals, partners, employees or of other classification), which exists for the transaction of business or the provision of medical or professional services exclusive of the receipt, sale, storage, or processing of merchandise.
Business, medical or professional office - medium: A building or part thereof having at least five (5), but not more than ten (10), workers on-site concurrently (regardless of whether they be principals, partners, employees or of other classification), which exists for the transaction of business or the provision of medical or professional services exclusive of the receipt, sale, storage, or processing of merchandise.
Business, medical or professional office - small: A building or part thereof having four (4) or fewer workers on-site concurrently (regardless of whether they be principals, partners, employees or of other classification), which exists for the transaction of business or the provision of medical or professional services exclusive of the receipt, sale, storage, or processing of merchandise.
Child care facility: A day care center or a school age child care program as defined in G.L. c. 28A, § 9.
Club, lodge or fraternal organization: Buildings, structures and premises used by a for profit or not for profit social or civic organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.
Commercial recreation: A structure for recreational, social or amusement purposes, which may include as an accessory use, the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance. Such facilities shall include movie theaters, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for profit. A drive-in theater, golf course/driving range, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this By-Law, conducted for or not for profit.
Commercial development: One (1) or more buildings (whether detached or attached or in common or separate ownership) used for commercial or mixed-use purposes that functions as a single development (for example, without limitation, has a shared parking facility and/or shared access from a street or way) as determined by the Board of Appeals.
Commercial vehicle: Any vehicle used for purposes other than the transportation of fewer than nine (9) persons, or any vehicle or piece of equipment which is not considered a private passenger car by either insurers, the Massachusetts Registry of Motor Vehicles or the United States Department of Transportation. Included is equipment, whether registered or unregistered, which would require registration for travel on a public way.
Contractor's yard: Premises used by a contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.
Distribution facility: See “Warehouse.”
Drive-Through: A facility that encourages or permits customers to obtain goods, receive services, transact business, or be entertained, while remaining in their motor vehicles. ~
Dwelling: A building designed and occupied as the living quarters of one (1) or more families. Single- and two-family dwellings shall be designed for or occupied by not more than one (1) or two (2) families, respectively. A multi-family dwelling shall be one designed for and occupied by three (3) or more families.
Dwelling unit: A residence. Each residence shall contain a living area, bathroom and, except in studio units, one (1) or more bedrooms, and may contain a kitchen area or combination kitchen/living area.
Educational use (nonexempt): Educational facilities not exempted from regulation by G.L. c.~40A, § 3, including dance studios, martial arts facilities, and the like.
Erect: To build, construct, reconstruct, move upon, or conduct any physical development of the premises required for a building; to excavate, fill, drain, and the like preparation for building shall also be considered to erect.
Family: Two (2) or more individuals related by blood, marriage or adoption living and cooking together on the premises as a single housekeeping unit, but not including more than four (4) persons living together unrelated by blood, marriage or adoption.
Family day care: Any private residence which on a regular basis receives for temporary custody and care during part or all of the day, children under seven (7) years of age or children under sixteen (16) years of age if such children have special needs. Provided, however, in either case, that the total number of children shall not exceed more than six (6), excluding participating children living in the residence. Family day care shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore.
Financial institution: See “Bank.”
Flood plains: Low areas adjoining a body of water or a watercourse which have been in the past or can reasonably be expected in the future to be covered by flooding.
Funeral home: Facility for the conducting of funerals and related activities such as embalming.
Group residence: A premise licensed by or operated by an agency of the Commonwealth of Massachusetts as set forth in the State Building Code housing not more than twenty-five (25) unrelated persons, sixteen (16) years of age or over.
Gross floor area (g.f.a.): The total square feet of floor space within the outside dimensions of a building including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features, including floor area of attic containing 7’3”or greater in height as measured perpendicular from the floor to the underside of the rafters, but excluding basement/cellar if more than fifty (50%) percent of height of basement/cellar is below the finished grade of the ground adjoining the basement/cellar.
Home occupation: An occupation, business, trade, service or profession which is subordinate to and conducted in a dwelling unit or in a building or other structure accessory thereto, by the owner thereof.
Hotel: See “Motel.”
Independent Living Facilities (ILF): See definition in Section 3.6.2.0.
Junk: Any article or material or collection thereof, which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall be considered junk.
Junkyard or automobile graveyard: The use of any area or any lot, whether inside or outside of a building, for the storage, keeping, or abandonment of junk, scrap or discarded materials, or the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or parts thereof.
Kennel: One (1) pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection or more than three (3) dogs three (3) months old or over, owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.
Light manufacturing: Fabrication, assembly, processing, or packaging operations, employing only electric or other substantially noiseless and inoffensive motor power. Light manufacturing may include production of clothing, but not of cloth; production of packages, but not of paperboard, production of small machinery, but not steel. All power and processes shall be free of disturbing agents such as odors, gas, fumes, smoke, cinders, heat, vibration, excessively bright lights and electromagnetic radiation.
Lot A: A continuous parcel of land with legally defined boundaries. See Figure 2 in Appendix~B.
Lot area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least eighty (80%) percent of the lot area required for zoning compliance shall be contiguous land other than that under any water body, bog, swamp, wet meadow, marsh, or other wetland, as defined in G.L. c. 131, § 40, as may be amended.
Lot - corner: A lot abutting two intersecting streets. A corner lot shall be considered as having two (2) front property lines and two (2) side property lines. The rear property line shall consist of the intersection point of the two side property lines. See Figure 2 in Appendix B.
Lot - depth of: The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot. See Figure 2 in Appendix B.
Lot - frontage of: A lot line coinciding with the sideline of a street which provides both legal rights of vehicular access and physical vehicular access to the lot, said line to be measured continuously along a single street or along two (2) intersecting streets if their angle of intersection is greater than one hundred and twenty (120) degrees. See Figure 2 in Appendix B.
Lot line, front: The lines separating a lot from the right-of-way of a street.
Lot line, rear: Any lot line which is not a front lot line or a side lot line.
Lot line, side: Any line which separates a lot from another lot and which intersects a front lot line.
Lot - width of: The horizontal distance between side lot lines, measured parallel to the lot frontage at the front yard setback line. See Figure 2 in Appendix B.
Major recreational equipment: Campers, trailers or other recreational vehicles. All other recreational equipment, including boats, shall be considered lawfully nonconforming.
Motel, hotel or inn: A building or buildings intended and designed for transient, overnight or extended occupancy, divided into separate units within the same building with or without a public dining facility. If such hotel, motel or inn has independent cooking facilities, such unit shall not be occupied by any guest for more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a continuous four-month stay, nor may the guest stay more than six (6) months in any calendar year. No occupant of such hotel or motel may claim residency at such location.
Motor Vehicle Filling / Fueling Station / Gasoline Station: An establishment providing for the retail sale of gasoline or other petroleum products or fuels, including the accessory sales of motor vehicle accessories in conjunction with the services provided and the accessory sale of convenience items, such as lottery, pre-packaged food and beverage, and similar items shall be permitted in connection with the motor vehicle filling/fueling station provided that the area in which such items are sold in no event exceeds five hundred (500) g.s.f. Repair services, with the limited exception of a tire air machine, are excluded from this use classification.
Motor vehicle general and body repair: An establishment, garage or work area enclosed within a building for the servicing and repair of autos, including fenders, bumpers and similar components of motor vehicle bodies, but not including the storage vehicles for the cannibalization of parts or fuel sales.
Motor vehicle light service: Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.
Motor vehicle sales and rental: The indoor or outdoor sales or rental of motor vehicles.
Municipal service facilities: Facilities owned or operated by the Town of Swampscott.
Multi-family dwelling: See “Dwelling.”
Nursery / Greenhouse: A commercial activity primarily concerned with the sale (at retail or at wholesale) of plants (whether or not grown on the premises) used in gardening or farming, including related goods used in gardening or farming. Related goods are defined as only those used on the plant or in its soil to preserve or promote the life and health of the plants sold, including for example, fungicides, peat moss and mulches).
Nursing or convalescent home: A licensed facility where persons are housed or lodged and furnished with meals and nursing care for hire.
Office: A place in which functions such as directing, consulting, record keeping, clerical work and sales (without the presence of merchandise) of a firm are carried on; also, a place in which a professional person conducts his or her professional business.
Open Space: The area of a lot expressed as a percentage of lot not occupied by the footprint of buildings, structures, and/or material that is not pervious. No vehicles may be parked within the minimum required Open Space.
Lot Area = X
Square Footage of all buildings, structures, and material that is not pervious = Y
Open Space = Y / X
Outdoor storage: Enclosed or open-lot storage of material, contractor’s equipment, machinery and metals, other than scrap or junk, and similar materials.
Outpatient medical center or clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
Personal service establishment: A facility providing personal services such as hair salon, barber shop, tanning beds, dry cleaning, print shop, photography studio, travel agency and the like.
Pervious material: Surface material intended to allow water to permeate through into the ground.~ The surface material may include, but not limited to, vegetation, rocks, pebbles, woodchips and/or similar landscaping materials; or unit paver with an open joint pattern.~ Concrete, asphalt, and/or other hard surface material that does not have open, porous joints is not considered pervious.~ Undisturbed natural occurring bedrock outcroppings are considered pervious material.
Renewable and Alternative Research and Development Facilities: This use shall only include activities associated with research and development of services or products related to renewable and alternative energy.
Restaurant: A building, or portion thereof, containing tables, chairs and/or booths, which is designed, intended and used for the sale and consumption of food prepared on and/or off the premises. A restaurant may contain a bar area or lounge provided that such area(s) does not include in the aggregate more than sixty (60%) percent of the total seats available in the restaurant and that food is offered for sale at such bar area / lounge area during all times the restaurant is open.
Retail: A facility selling goods but not specifically listed in the Table of Use Regulations.
Retail selling of animals or pets: A facility selling live animals (not including live animals of the type typically sold in grocery stores for cooking and eating by people).
Single-family dwelling: See “Dwelling.”
Self-Service Automobile / Vehicle Washing Facility: An establishment providing self-service washing, waxing and/or detailing of vehicles.
Self-storage mini-warehouse: See “Warehouse, Distribution, Self-storage mini-warehouse.”
Sign: Any device designed to inform or attract the attention of persons not on the premises on which the device is located. Any building surfaces other than windows which are internally illuminated or decorated with gaseous tube or other lights are considered "signs." The following, however, shall not be considered signs within the context of this By-Law:
(a) Flags and insignia of any government except when displayed in connection with commercial promotion.
(b) Legal notices, or informational devices erected or required by public agencies.
(c) Temporary devices erected for a charitable or religious cause, provided they are removed within seven (7) days of erection.
(d) Temporary displays inside windows, covering not more than twenty-five (25%) percent of window area, illuminated by building illumination only.
(e) Standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline.
(f) Integral decorative or architectural features of a building, except letters, trademarks, moving parts, or parts internally illuminated or decorated with gaseous tube or other lights.
(g) Devices identifying a building as distinct from one (1) or more of its occupants, such device being carved into or attached in such a way as to be an integral part of the building, not illuminated separate from building illumination, without color contrasting with sign background, and not exceeding four (4) square feet in area.
(h) Address identification through numerals or letters not exceeding three (3) inches in height.
See Figure 4 in Appendix B for types of signs.
Sign area: The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matter shall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area. See Figure 4 in Appendix B for samples of different types of signs.
Storage container: A fully enclosed, detached, self supporting structure, of any type of construction or material, not having a foundation, electricity, plumbing, or other mechanical systems and utilized for temporary storage of any kind. Storage containers shall include, but not limited to the following: any truck, the trailer portion of a tractor trailer vehicle, storage container box, portable warehouse, box trailer, whether registered or not in accordance with M.G.L Chapter 90 or in accordance with the laws of any other state.
Story: That portion of a building (including basements, cellars, garages, storage areas, etc.) contained between any floor and the floor or roof next above it. The lowest level of a building, including basements, cellars, garages, storage areas, etc., shall not be counted as a story if more than one-half (1/2) of the height of this level is below the average finished grade of the ground adjoining this level. A half-story is a story which is comprised of fifty (50%) percent or less of the square footage of the floor below. (05/03)
Street: (1) A public way or a way which the Swampscott Town Clerk certifies is maintained and used as a public way; or (2) a way shown on an endorsed definitive subdivision plan, either built to specification or for which adequate security exists to complete construction; or (3) a way 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 uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
Structure: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like.
Tattoo and Body Piercing Shop: An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin, by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
Two-family dwelling: See “Dwelling.”
Veterinary establishment: A facility used by one or more licensed veterinarians to provide health care for animals. Overnight care is not provided except as part of necessary medical treatment of an animal.
Warehouse / Distribution Facility / Self-Storage Mini-Warehouse: A building (a) used primarily for the storage of goods and materials, for distribution, but not for retail sale on the premises, and/or (b) consisting of individual, self-contained units that are leased or owned for the storage or business and/or personal property. No materials may be stored outside of the Warehouse/Self-Storage Mini-Warehouse.
Wetlands: Areas such as marshes, swamps, and lowland where groundwater is at or near the surface for at least six (6) months of the year. Vegetation characteristic of wetland is listed in G.L. c. 131, § 40 and on a simplified list, both on file at the Town Clerk's office. These areas are subject to periodic inundation.
Window: The framework, glass, and/or other transparent or translucent panels that enclose an opening constructed in a wall or roof that functions to admit light or air into the building structure.~ The window may be subdivided by multiple frames and panes; however, opaque frames or panels that exceed eight (8") in width are not part of the calculated dimensions in determining window area.~ Opaque frames or panels that exceed eight (8") in width which divide the window in any manner will then be considered wall of the building structure. See Figure 6 in Appendix B.
Wireless communications facility: A wireless communication monopole which facilitates the provision of wireless communications services.
Wireless communications services: The provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service.
Yard - front: A space across the full width of the lot and extending from the most forward point of the building located on such a lot to the front line of such a lot. See Figure 3 in Appendix B.
Yard - rear: A space across the full width of the lot and extending from the most rearward point of the building located on such a lot to the rear line of such a lot. See Figure 3 in Appendix B.
Yard - side: A space extending from the front yard to the rear yard between the side lot line and extending from that point on a building located in such a lot which is closest to that side lot line. See Figure 3 in Appendix B.
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