ARTICLE TEN: DEFINITIONS
ABANDONMENT: a discontinuance of a non-conforming structure, use, and/or land(s) which use has ceased for a period of exceeding two consecutive years. (amended S.T.M. 2/12/90)
ACCESSORY BUILDING OR USE: a building or use subordinate to and cus- tomarily incidental to the principal building or use and located on the same lot.
ADDITION: an extension or increase in floor area or height of a building or structure. (added S.T.M. 2/12/90)
ADULT BOOK STORE: establishment having as a substantial or significant portion of its stock in trade books, magazines, photographs, videos, computer software, computer discs, laser discs and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of Massachusetts General Laws. * (* amended at S.T.M. 11/22/99)
ADULT CLUB: An establishment, which as a form of entertainment, allows a person or persons to perform in a state of nudity as defined in MGL, Chapter 272, Section 31 or allow a person or persons to work in a state of nudity as defined in MGL, Chapter 272, Section 31. * ( * amended at S.T.M. 11/22/99)
ADULT MOTION PICTURE 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 Section 31 of Chapter 272 of Massachusetts General Laws. * (* amended at S.T.M. 11/22/99)
ADULT PARAPHERNALIA STORE: an establishment having as a substantial or significant portion of its stock in trade 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 Section 31 or Chapter 272 of Massachusetts General Laws. * (* amended at S.T.M. 11/22/99)
ADULT VIDEO STORE: an establishment having as a substantial or significant portion of its stock in trade, videos, movies, computer software, computer discs, laser discs 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 Section 31 of Chapter 272 of Massachusetts General Laws. * (* amended at S.T.M. 11/22/99)
ALTERATION: a change or modification of a building or structure, or the service equipment thereof, that affects safety or health and that is not classified as ordinary repair. (amended S.T.M. 2/12/90)
APARTMENT HOUSE: is a multi-family dwelling. (added S.T.M. 2/12/90)
APIARY: Any place or location where one or more hives containing honey bees and associated bee equipment is kept. (added A.T.M. 05/19/14)
ARTS AND CRAFTS STUDIOS: A place designed to be used as both a dwelling and a place of work for artists, artisans and craftspersons, including persons engaged in the application, teaching, sale or performance of: wood carvings, baskets, cabinetry, ceramics, clothing, flower arrangements, jewelry, musical instruments, paintings, pottery, sculpture, children’s toys, woven objects, ceramics, hand-blown glass objects, dolls, silver goods or other goods fabricated of precious metals, photographs, candles, graphic arts, taxidermy and leather goods (not including tanning or processing), picture framing, wood working, candles and art work. (added STM 11/19/07)
ASSISTED LIVING FACILITY: (added at Special Town Meeting of 1/20/98)
Individual dwelling units or multi-family dwellings, including common areas, that provides residences, services and amenities to elderly residents and which is licensed by the Massachusetts Executive Office of Elder Affairs.
ATHLETIC / PHYSICAL FITNESS FACILITY: An indoor and/or outdoor facility designed and equipped for active exercise and related activities which are performed utilizing weight control or muscle building equipment or apparatus for the purpose of physical fitness. The facility may include game courts, running and jogging track, swimming pools, saunas, showers, lockers, and gymnasiums. The facility may provide massage, holistic treatments, salons, nutrition counseling, and other associated uses. (added STM 11/19/07)
AUTOMOBILE RELATED USES:
GARAGE, PUBLIC (SALESROOM): A public garage is a
building, or part of a building in which motor vehicles are kept.
A salesroom or showroom for motor vehicles shall be regarded
as a public garage, if any motor vehicle is kept in such room
with gasoline in the tank.
Gasoline-selling station is one containing a tank or tanks, pump,
or other appliances for supplying motor vehicles with gasoline, compressed air, oil, water and similar supplies, but not for the purpose of making repairs; together with the building.
MOTOR VEHICLE REPAIR SHOP:
A motor vehicle repair shop is a building or part of a building in which
all types of repairs—including tune-ups, engine repairs, lubrication and structural repairs and other such repairs—are made to motor vehicles, or a repair shop in a garage, or other building in which machinery is used. An automobile school or a motor vehicle repair paint shop, shall be regarded as a motor vehicle repair shop. (amended A.T.M. 5/15/89)
A building or part thereof, accessory to the main buildings, providing
for the storage of motor vehicles and in which no occupation or business is carried on except for the storage of vehicles, not exceeding 20,000 lbs. gross weight, used exclusively by the occupants for transportation to and from work, not exceeding the height of the roof of the main building and not to exceed storage of four (4) vehicles.
A service station is a building or part of a building used for
supplying accessories or parts of a motor vehicles with provisions
for making minor changes adjustments to motor vehicles, but not
structural changes, or repairs, or work involving the use of machinery.
AVIATION FIELD: Facility for use and service of small private aircraft.
BASEMENT: That portion of a building which is partly below and partly above grade and having at least one half (1/2) its height above grade (see cellar). (added S.T.M. 2/12/90)
BIOTECHNOLOGY : A laboratory or similar facility that has as its primary purpose the manufacture of products related to the fields of medicine, pharmacology and biology, but does not involve radioactive materials, high intensity electromagnetic radiation, recombinant DNA, and controlled substances. (added STM 11/19/07)
BOARDING HOUSE: Shall mean a house where lodgings are let to three or more persons not within the second degree of kindred to the person conducting it, and shall include fraternity houses and dormitories of educational institutions, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under Section seventy one of Chapter one hundred and eleven or rest homes, so licensed, or group residences licensed or regulated by agencies of the Commonwealth. (added S.T.M. 2/12/90)
BOATHOUSE: Facility for the storage of boats.
BODY ART ESTABLISHMENT: A place of business that practices physical adornment by conducting the following techniques: body piercing, tattooing, cosmetic tattooing, branding, scarification, and similar techniques. This definition does not include
medical procedures carried out by a MA licensed physician. (added at 5/21/01 A.T.M. adjourned session on 5/23/01)
BUILDING (detached): A building surrounded by open space on the same lot. The word building shall be taken to mean any dwelling, structure used for commercial purposes, structure used for industrial purposes, or any other structure ordinarily bearing a number for identification purposes.
BUILDING (principle): A building in which the main use of the lot is situated.
CAMPGROUND: Is a parcel of land approved by the Board of Health for the purpose of vacationing by people with camping trailers not to exceed 32’ x 8’ and tents for overnight stay or summer vacationing intended for temporary living. Date of operation shall be from April 1 to September 30 and may be extended only by the Board of Health. (added S.T.M. 2/12/90)
CELLAR: That portion of a building which is partly or completely below grade and having at least one half (1/2) its height below grade (see basement). (added S.T.M. 2/12/90)
CLUB: Premises of an organization to serve members and guests for athletic, civic, recreational or social purposes.
CONFERENCE FACILITY: A place used for banquets, conferences and seminars for the public and/or service organizations and/or business and professional conferences with accommodations for food preparation and eating, entertainment excluding Adult Club, and meeting rooms. (added STM 11/19/07)
CONSULTING FIRM(S): A place where persons provide professional advice or services to people, organizations, individuals and others. They specialize in financial, personal, and professional services. Persons who entertain, including but not limited to fortune tellers and psychics, are not considered consultants. (added STM 11/19/07)
CORNER LOT: A corner lot is defined as one which has an interior angle of less than 135 degrees at the intersection of two street lines and shall meet the minimum requirements of Article 5.1 on each street. (amended S.T.M. 2/12/90)
CUL-DE-SAC: A street, one end of which is closed and consists of a circular turn around (added ATM 5/29/03)
DWELLING: A dwelling shall be defined as a building or structure used or intended to be used for dwelling purposes. Any building or structure permanently attached to a dwelling is, for the purposes of these By-Laws, considered part of the dwelling, but shall not include a structure for use solely for transient or overnight occupancy.
Reference to erection of a dwelling shall also apply to the placing of a dwelling moved from another location, and to the conversion of any structure to be used as a dwelling.
DWELLING CONVERSION: A change in the construction or occupancy of a dwelling to accommodate additional dwelling units.
DWELLING MULTI-FAMILY: (See Apartment House) (6.8.1).
DWELLING UNIT: Living quarter for a single family with cooking, living, sanitary and sleeping facilities independent of any other unit. (also family unit)
FAMILY: One or more persons occupying a dwelling unit.
FARM: A tract of land containing not less than five acres substantially devoted to agriculture, horticulture, pasturage, livestock raising or some allied industry, (including dairy, livestock and poultry farms). (amended S.T.M. 2/12/90)
FOWL: Domestic or wild birds used or raised such as chickens, turkeys, geese, peacocks, and the like. (added S.T.M. 2/12/90)
FRONTAGE: That portion of a street, uninterrupted between the sidelines of a single lot. (added S.T.M. 2/12/90)
FUNERAL HOME: A building or part thereof used for human funeral services. Such a building may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial; the storage of caskets, funeral urns, and other related funeral supplies and the storage of funeral vehicles. (added STM 11/19/07)
GOLF COURSE: A land area of at least thirty acres, containing nine or more standard golf holes and customary accessory buildings.
HIVE: Any frame hive, box hive, box, barrel, log gum, skep or other receptacle or container, natural or artificial, or any part thereof, which shall be used or employed as a domicile for honey bees. (added A.T.M. 05/19/14)
HOME OCCUPATION: An occupation or profession carried on in a dwelling unit, by a resident occupant, and incidental to the use of the premises for residential purposes.
HOSPITAL: Facility for the care and treatment of patients, and licensed by the Massachusetts Department of Public Health.
HOTEL OR MOTEL: A building or group of buildings providing accommodations for compensation on a transient basis.
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 such products, but excluding basic industrial processing. Note: product(s) cannot be sold to the public on site. (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)
JUNK YARD: The use of any portion of a lot for the storage of discarded material collected for salvage or conversion.
LIGHT INDUSTRIAL PARK: A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space. (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)
LIGHT MANUFACTURING: Production from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products. (added STM 11/19/07)
LIVESTOCK: Domestic animals used or raised including fur-bearing animals raised in captivity. (added S.T.M. 2/12/90)
LOT: An area of land in ownership either separate or multiple, with definite boundaries ascertainable by a recorded deed or plan and used or set aside and available for use as the site of one or more buildings. (amended S.T.M. 2/12/90)
LOT AREA (also known as “net area”): The square footage of a lot (i.e. contiguous land) exclusive of any area in a public way or street which is accepted, proposed or dedicated to be open to the public use. At least 80% of the lot area used for zoning compliance shall not be in wetlands or flood plain district(s) as delineated by an expert in said field(s) or the Raynham Conservation Commission. This is applicable to all Zoning districts. (amended 2/12/90)
MANUFACTURING: Fabrication, assembly, finishing, packaging processing or research.
MARIJUANA: The same substance defined as “marijuana” under M.G.L. Chapter 94C. (added A.T.M. 05/19/14)
MARIJUANA FOR MEDICAL USE: Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions as set forth in Citizens Petition 11-11. (added A.T.M. 05/19/14)
MEDICAL MARIJUANA TREATMENT CENTER: A not for profit entity registered under 105 CMR 725.100, that acquires, cultivates, possesses, processes (including development of related products such as edible MIP’s, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. (added A.T.M. 05/19/14)
MEDICAL OR HEALTH RELATED FACILITY: A public or private facility (with or without laundries) principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. A medical or health related facility may include public health centers, diagnostic centers, treatment centers, rehabilitation centers, outpatient care, cafeterias, gift shops, and laboratories. (added STM 11/19/07)
MOBILE HOMES: A structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and is forty (40) body feet or more in length, and a minimum of 320 square feet, and which is built on a permanent chassis, and designed to be used as a dwelling with permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. (added S.T.M. 2/12/90)
MOTOR VEHICLES: All vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except vehicles used for other than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the traveled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot. (added S.T.M. 2/12/90)
MULTI-FAMILY DWELLINGS: A building occupied by more than one family living independently in separate dwelling units. Each dwelling unit shall be separated by sound-proof partition walls and/or floors from each other, with each unit having individual living, sleeping, kitchen and toilet facilities. Each building shall occupy one lot. Professional offices and home occupations are specifically excluded from “Multi-Family Dwellings”. (added S.T.M. 2/12/90)
MUNICIPAL USE: Premises used for any operation of town government.
NET AREA: See “lot area”.
NON-CONFORMING USE: A building or land lawfully occupied at the time of the adoption of this by-law or of amendments thereto by a use which does not conform to the adopted regulations of the district in which it is situated.
NURSING HOME (Convalescent or Rest Home): Premises for the care of three or more persons, as licensed by the Massachusetts Department of Public Health.
OFFICE: A place of business providing professional service to individuals and businesses, including, without limitation, accountants, advertising agents, architects, attorneys, insurance producers, travel agents, realtors, investment counselors, publishers, surveyors, mortgage originators, graphic design, industrial design and services where a majority of client contacts occur at the office there is no display of merchandise and the storage and sale of merchandise is incidental to the service provided. (amended STM 11/19/07)
OFFICE PARK: A large tract of land that has been planned, developed and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)
PARKING FACILITY: A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage or motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. (added STM 11/19/07)
PLACE OF AMUSEMENT: Any premise containing more than a total in any combination of three (3): video games, pool tables, pinball machines, and further, any premise with devices and/or equipment such as go-carts, skate boards, ferris wheels, carrousels, fun houses, theaters, miniature golf, skating, bowling alleys, and games to entertain, or other such amusement devices or uses excluding however from the definition, juke boxes. (added A.T.M. 5/20/91)
PORTABLE STORAGE CONTAINER: A portable, completely enclosed storage or shipping container, also referred to as a cargo box that is used for the storage or shipment of household goods, wares, building materials or merchandise. This definition shall not include a travel, tractor or camping trailer which is a vehicle designed to travel on roadways on rubber-tired wheels and used for recreational and business purposes. (added A.T.M. 05/19/14)
PUBLIC UTILITY - A public service corporation, either private or municipal, supplying or transmitting gas, sewerage, water, electricity or communications to any or all members of the public and subject to Federal, State or Town regulations by virtue of its natural or legal monopoly – except for a corporation or other organization which provides radio, television, cellular telephone service, personal communications service, or enhanced specialized mobile radio services. (added Special Town Meeting 2-10-97) Included within the definition of Public Utility are the Raynham Center Water District, North Raynham Water District, Raynham Sewer Commission, and the Town of Raynham. (highlighted sections added at A.T.M., 5/18/98)
PUBLIC UTILITY STRUCTURE - An above ground structure such as well pump house, sewer pump house or flush, water pump house, water tank or a similar above ground structure other than a large-scale ground-mounted photovoltaic installation used to provide services for buildings and their occupants. (added A.T.M., 5/18/98) (highlighted portion added at S.T.M. 10/29/12)
PUBLIC WAY: Any street dedicated for public use which has been accepted by the Planning Board and Town Meeting and permanently deeded to the Town for Public Use. (added S.T.M. 2/12/90)
RECREATION, INDOOR COMMERCIAL: Theater, bowling alley, or other comm- ercial recreation or entertainment carried on wholly in an enclosed building.
RECREATION, OUTDOOR COMMERCIAL: Drive-in theater, golf driving range, bathing beach, or other commercial recreation activities not more specifically designated elsewhere in the by-law.
RELOCATION: The movement from an established location to another. (added S.T.M. 2/12/90)
RESEARCH AND DEVELOPMENT: A laboratory or similar facility that has as its primary purpose research, investigation, experimentation, and testing activities related to the fields of electronics, engineering, geology, physics, or other scientific area, but which does not involve research with radioactive materials, high intensity electromagnetic radiation, recombinant DNA, or controlled substances, or ordinarily involves processes that produce medical, biological, chemical or radioactive wastes. (added STM 11/19/07)
RESTAURANT: Any eating establishment where food, food products, or beverages are provided and for which a charge is made, including but not limited to a café, lunch counter, private or social club, cocktail lounge, hotel dining room, catering business, tavern, diner, snack bar, dining room, vending machine, and any other place or establishment where food or beverages are provided, whether stationery or mobile, temporary or permanent. This definition is in accordance with Massachusetts General Laws Chapter 64H, Section 6(h) as most recently amended. (added A.T.M. 5/20/02)
RESTAURANT (FAST FOOD): A principal place of business principally for the sale of foods or beverages in a ready-to-consume state within the building or off premises and whose principal method of operation includes sale of foods and beverages in paper, plastic or other disposable containers, or where consumption of foods and beverages on the premises outside the restaurant building or with parked motor vehicles on the premises is allowed and encouraged or where foods and beverages are served directly to the customer in a motor vehicle. (added STM 11/19/07)
RETAIL: An establishment principally engaged in selling goods or merchandise to the general public and which may include selling of goods or merchandise to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. (added STM 11/19/07)
RETAIL (SPECIALTY: The selling of goods, wares or merchandise directly to the general public which is directly related to and/or is incidental to the principal use of the business. (added STM 11/19/07)
SCREENING: Screening may include a combination of the following: fences, stone or masonry walls, and earthern berms. It is intended to separate and obstruct the view of two adjacent land uses or properties from one another. Screening shall be of sufficient mass and height to be virtually sight impervious and maintained as such. The height of the screening shall be at least six feet from the date of occupancy of said use. The point of measurement for the height of screening is at existing grade before any alteration of the site is made.
1. Screening can be either existing vegetation that provides effective buffering or existing vegetation that is augmented with one or a combination of: plantings, a wall, a fence, or earthern berms.
2. New screening can be all plantings or a combination of plantings, walls, fences or earthern berms.
If plantings are selected to provide the screening they do not need to span the total depth of the screening area. The height of new plantings cannot be less than six feet in height at the time of planting. Plantings can be staggered to provide buffering or lined up in a row. In no instance can the screening area include a primary and/or accessory building and/or any paved or unpaved surface intended for use by motor vehicles. The depth of the screening area cannot be less than twenty-five feet nor exceed one hundred feet.(amendment S.T.M. 11/20/00)
SERVICE: An establishment that provides personal services for the convenience of the neighborhood, including, without limitation, barber and beauty shops, shoe repair shops, bicycle repair, dry cleaners, laundries, self-service laundries, bakeries, martial arts, newsstands, pharmacies, photographic studios, duplicating services, automatic teller machines, and the healing arts (health treatments or therapy generally not performed by a medical doctor or physician such as physical therapy, massage, acupuncture, aromatherapy, yoga, audio logy, and homeopathy). (added STM 11/19/07)
SIGN: A device designed to inform persons of the activities conducted on the premises on which the sign is located.
SOLID WASTE FACILITY A facility for handling, storage, transfer, processing, treatment of solid waste, including recyclables, as defined in 310 CMR 16.02, as from time to time amended. (added at A.T.M. of 5/15/00)
STABLE, RIDING: A building in which two or more horses are kept for remuneration, hire or sale.
STREET: A street shall be defined as a way open to public use or way approved by the Planning Board. (amended S.T.M. 2/12/90)
STREET LINE: In the absence of a street layout the street line shall be defined as being 20 feet from the center of the road, unless planned otherwise by the Planning Board.
STRUCTURE: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, deck or the like. Fences and retaining walls are deemed not to be structures. (added at A.T.M., 5/18/98)
WAREHOUSE AND DISTRIBUTION: A building used for inside storage, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.; or take any action relative thereto. (added STM 11/19/07)
WIRELESS COMMUNICATIONS TOWER FACILITY - A tower or similar structure (with antennas, if any) designed to facilitate the following types of service: provision of cellular telephone service, personal communications service, and enhanced specialized mobile radio service. (added Special Town Meeting 2-10-97)
YARD, FRONT: Front yard shall mean a space extending for the full width of the lot between the front line of the nearest building wall and the street line.
YARD, REAR: Shall mean space, unoccupied, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
YARD, SIDE: Shall mean an unoccupied space extending for the full length of a building wall and the side lot line.
Yard requirements for lots located on the corners of two streets shall be considered at two (2) front yards, one side yard, and one (1) rear yard.
FOR ANY DEFINITION NOT FOUND HEREIN—REFER TO SECTION 200 MASS. STATE BUILDING CODE. (added S.T.M. 2/12/90)