ADULT ENTERTAINMENT USES : shall include the following uses:
1. Adult Bookstore, as defined in M.G.L. c.40A, §9A;
2. Adult Motion Picture Theaters, as defined by M.G.L. c.40A, §9A;
3. Adult Paraphernalia Store, as defined by M.G.L. c.40A, §9A;
4. Adult Video Store, as defined by M.G.L. c.40A, §9A;
5. Establishment which displays live nudity for its patrons, as defined by M.G.L. c.40A, §9A.
6. Tattoo Establishment/Body Art Establishment A location, place or business where the practices of body art are performed either for profit or not for profit and as further defined by the Dennis Board of Health Regulations.
ACCESSORY STRUCTURE - A detached structure located on the same lot with the principal structure to which it is accessory, and not used for habitable space.
ACCESSORY USE - A use customarily incidental to and located on the same lot with the use to which it is accessory except that a use accessory to scientific research or related production does not have to be on the same parcel as the use to which it is accessory.
ACTIVE RECREATION - Any activity that required developed facilities including but not limited to tennis, swimming competitively or in man-made facilities, basketball, baseball, horse barns and corrals, or golf on developed facilities.
ACTIVELY SHIFTING SANDS - These areas shall include coastal beaches, coastal dunes, barrier beaches, and coastal banks.
BUILDING ENVELOPE - For development shall include but not be limited to, principal and accessory structures, pools, driveways, utilities, landscapes areas and sewage disposal areas.
BUILDING HEIGHT - The vertical distance between the average natural grade of the ground under the footprint of a building and the highest point of the roof, parapet, or other attached structure. A chimney, cupola (four feet or less in height), flagpole, or residential television antenna shall be exempt from the above requirements. Average Natural Grade shall be derived from the average elevation of the natural grade along the exterior of the building facing the front lot line and the average elevation of the natural grade along the exterior of the building facing the rear lot line or, for a through lot, the other front lot line.
COASTLINE - the mean high water line.
COASTLINE AREA - The areas where land and sea interact with its landward boundary defined by the upper limits of the coastal beach as defined by the Town of Dennis Wetlands By-law and MGL C. 131 S. 40.
DCPC - The Quivet Neck/Crowe's Pasture District of Critical Planning Concern
DEPTH TO GROUNDWATER (groundwater elevations) - Shall be determined by
1) direct observation of highest groundwater elevation (including seasonal and perched groundwater) in a test pit excavation;
2) direct observation of mottling (redoximorphic features) in a test pit excavation; and
3) by calculation using the USGS Frimpter high groundwater adjustment method.
The actual recorded depth to groundwater shall be the highest groundwater elevation determined by a, b, and c (based on an NGVD datum) as subtracted from the existing ground elevation at the test pit excavation.
DISTURBED AREA - The total land area allowed on a lot to be disturbed including but not limited to area altered for all buildings, driveways, pools, patios, landscaping, retaining walls, septic systems.
FOOT CANDLE : A measure of light falling on a surface. One foot candle is equal to the amount of light generated by one candle shining on a square foot surface one foot away (Lux is the metric equivalent of footcandles, and both can be measured by a light meter). The Illuminating Engineering Society of North America (IESNA) provides lighting standards for typical applications.
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.
HABITAT - An environment providing the food and shelter (including nesting) required for a plant or animal to make its home.
NGVD - National Geodetic Vertical Datum
OPAQUE - The blocking of light.
OVERLAY DISTRICTS - A district with supplementary regulations which is superimposed upon existing use districts.
PASSIVE RECREATION - Any activity that can be casually performed with minimum disturbance of an area's natural condition. For example, but not limited to, hiking, picnicking, canoeing, ice skating, cross country skiing, casual swimming in a natural water body or informal sports activities on an open field are considered passive activities.
PRIVATE ACCESS DRIVES - Any private access way serving more than two homes shall be named and registered with the town. House numbers shall be designated as per the Town of Dennis and NENA (National Emergency Number Association) standards.
QNCPRPD - The Quivet Neck/Crowe's Pasture Resource Protection District.
RESIDENTIAL GARAGE - A structure that is accessory to a residential structure and that is used solely for parking and storage by residents thereof.
RIDGEFACE AREA - An area delineated on the Dennis Zoning Map as Scenic Vistas in which all or part of a permanent structure constructed thereon would be visible from one or more points on a viewing platform but would not be visible along the skyline when viewed from the same point because of higher landforms located behind the ridge.
ROOFLINE STRUCTURES - Any normal structure usually associated with being above the roofline such as chimneys, television antennas, cupolas, flagpoles, widow walks, etc, whether subject to building height limits or not.
SCENIC VISTA - Publicly accessible views from Route 6A, Paine's Creek Road, path to Crowe's Pasture and beaches within Dennis, Brewster and Cape Cod Bay that make the community's environment, history or archeology special.
SHORELINE - the annual flood level of rivers, streams, lakes, ponds, marshes and including tidally influenced rivers and streams.
SKYLINE - The horizon between land and sky.
SKYLINE AREA - An area as delineated on the Dennis Zoning Map as Scenic Vistas in which all or part of a permanent structure constructed thereon would be visible along the skyline for example it would extend higher than the highest landform located either in front of or behind the structure when viewed from one or more points on a viewing platform.
STATE LISTED/FEDERALLY DESIGNATED SPECIES :
RARE - species of vertebrate and invertebrate animals and of native plants that are officially listed as endangered, threatened or of special concern in Massachusetts.
SPECIAL CONCERN - Native species which have been documented by biological research or inventory to have suffered a decline that could threaten the species if allowed to continue unchecked, or which occur in such small numbers or with such restricted distribution or specialized habitat requirements that they could easily become threatened within Massachusetts.
THREATENED - Native species which are likely to become endangered in the foreseeable future, or which are declining or rare as determined by biological research and inventory. Endangered Native species which are in danger of extinction throughout all or part of their range, or which are in danger of extirpation from Massachusetts, as documented by biological research and inventory.
TOE OF SLOPE - the location defined by the intersection of the embankment (in this case with a slope of 15% or greater) with the surface existing at a lower elevation (in this case with a slope of less than 15%); also known as toe.
TOP OF SLOPE - the location defined by the intersection of the embankment (in this case with a slope of 15% or greater) with the surface existing at the upper elevation (in this case with a slope of less than 15%).
Top of Foundation The physical location of the highest point of the foundation above mean sea level (NGVD). The top of foundation is not the location from which building height is to be measured.
Viewing Platform Those portions of Route 6A, Paine's Creek Road, path to Crowe's Pasture and beaches within Dennis, Brewster and Cape Cod Bay from which field observations, architectural renderings and other necessary technical information are used to assess the visual significance of development on prominent landforms.
VERNAL POOLS AND POOL HABITAT - Unique wetlands that support diverse wildlife habitat including many State listed species. Vernal pools come in a diversity of forms as defined in 310CMR10:00. Water Recharge an area in which water infiltrates and reaches the zone of saturation.
AFFORDABLE HOUSING DEVELOPMENT - A tract of land of more than 2 1/2 acres containing units of residential housing, of which at lest 25% are encumbered by affordable housing deed restrictions.
AFFORDABLE HOUSING APARTMENT - A housing unit created under the provisions of Sections 4.9.3, 4.9.4 or 4.9.5, which is subject to an affordable housing restriction pursuant to Section 4.9.4.
APARTMENT An apartment is a self-contained housing unit that occupies only part of a building. Apartments may be owner occupied or rented.
PRINCIPAL RESIDENTIAL STRUCTURE - The structure on any given lot in which the primary activity is residential use, which use is the principal use of the lot.
DWELLING UNIT - A housing unit that contains kitchen facilities including a stove or oven, refrigerator, and sink, and a bathroom including a bath or shower.
ABOVE GROUND LEVEL (AGL) : A measurement of height from the natural grade of a site to the highest point of a structure.
ACCESSORY STRUCTURE A detached structure located on the same lot with the principal structure to which it is accessory, and not used for either seasonal or year-round living.
ACCESSORY USE A use customarily incidental to and located on the same lot with the use to which it is accessory except that a use accessory to scientific research or related production does not have to be on the same parcel as the use to which it is accessory.
ADULT ENTERTAINMENT (Refer to Section 2.2.6.3)
AGRICULTURAL USE The commercial raising of agricultural crops and/or livestock, horticultural and floricultural products on the same lot or abutting lots in the same ownership. Necessary structures and storage of equipment used on the premises are included.
AMUSEMENT ARCADE An establishment open to the public that contains more than ten (10) amusement machines.
AMUSEMENT MACHINE Any coin- or token-operated machine or device that, whether mechanical, electrical, or electronic, shall be ready for play by the insertion of a coin and may be operated by the public for use as a game, entertainment, or amusement, the object of which is to achieve either a high or low score, by comparison to the score of other players.
ANIMAL HOSPITAL A place where animals are given medical or surgical treatment by or under the supervision of a veterinarian and boarding is short-term care incidental to hospital use and care.
ANIMAL KENNEL A commercial establishment for the raising, boarding, breeding and/or training of small domestic animals (dogs, cats, etc.).
ANTENNA : The surface and supporting structure from which wireless radio signals are sent and received by a personal wireless service facility.
ARTISAN MANUFACTURING : On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, glass blowing, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties. Welding is also a permitted activity in this category. This category allows visual arts studios in these locations as well, but not performing art rehearsal spaces.
ARTIST LIVE/WORK SPACE : A dwelling unit in which up to 50% of the floor area is used for the production, showing and sale of art. This space is for both visual and performing arts.
ARTIST STUDIO/GALLERY : Floor space devoted to the production, showing or sale of art. Typical uses include art galleries and artist studios, but do not include art museums. Art Studio/Gallery space allows utilization of a space for work-only (visual studio, performing rehearsal), sale-only (gallery, store, theater, etc.) or a combination of work and sale space.
ART USE : The production of art or creative work either written, composed, created or executed for a "one of a kind, limited" production exclusive of any piece or performance created or executed for industry oriented distribution or related production. Such use may include the fine and applied arts including painting or other like picture, traditional and fine crafts, sculpture, glass blowing, writing, creating film, creating animation, the composition of music, choreography and the performing arts.
ASSISTED LIVING FACILITY A residence for the elderly that provides rooms, or individual apartments, meals, personal care, and supervision of self-administered medication. It may also have communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation service, and other support services appropriate for the residents.
ATHLETIC CLUBS - Fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.
AUDITORIUMS - Indoor facilities for public assembly and group entertainment, other than sporting events, including: civic theaters, and facilities for "live" theater and concerts, exhibition and convention halls, and similar public assembly uses
AUTOMOBILE SERVICE STATION Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sale of vehicular fuels and servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories.
AUTOMOTIVE SERVICE AND REPAIR FACILITY, OTHER Any premises upon which the business of maintenance, servicing, repair, or painting or vehicles is conducted or rendered, without the dispensing or sale of vehicular fuels.
BARBER SHOP - a shop where people can get their hair cut.
BEAUTY SHOP - an establishment or department where hairdressing, facials, and manicures are done called also beauty parlor, beauty salon.
BED AND BREAKFAST A residence, where lodging is provided by an owner/resident family in its home, to transients for compensation.
BIODIESEL BLENDING FACILITY means a facility which blends materials to create a diesel fuel substitute consisting of methyl or ethyl esters produced from the transesterification of animal or vegetable fats with methanol or ethanol. Biodiesel or biodiesel blends must contain at least 20% biodiesel A biodiesel blending facility may also process associated by-products into useable items for market.
BUILDING A structure having a roof or similar temporary or permanent covering which encloses useful space.
BUILDING HEIGHT The vertical distance between the highest point of the finished grade of the ground adjoining the building and the highest point of the roof.
CAMOUFLAGED : To disguise, hide, or integrate as part of an existing proposed structure or placed within an existing or proposed structure.
CARRIER : A company that provides personal wireless services as defined in the Telecommunications Act of 1996.
CHILD CARE FACILITY Any facility that includes a day care or school age child care program as those terms are defined in M.G.L. ch. 28A, §9.
CO-LOCATION : The use of a single structure by more than one carrier as a location for multiple antennae. Structures used for co-location shall be considered as one antenna for the purpose of separation.
COMMERCIALLY REGISTERED VEHICLE OR TRAILER Commercially registered motor vehicle or trailer, which is not a van or pickup truck having a capacity of one (1) ton or less, or a station wagon.
COMMERCIAL RECREATION - Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets may be sold or fees are collected for the activity. Commercial recreation establishments include but are not limited to: skating rinks, water slides, miniature golf courses, arcades, bowling alleys, billiard halls, etc. but excludes gambling casinos, off-track betting facilities and similar facilities offering games of chance.
COMMERCIAL SCALE SOLAR ENERGY ELECTRICAL GENERATORS - Commercial Scale Solar Energy Electrical Generators shall mean any Solar Energy Facility which exceeds five (5) kilowatts capacity and is designed to produce more than fifty (50) percent of its energy for off-site use.
COMMUNICATION FACILITY : A land use facility supporting antenna and/or microwave dishes used for the reception or transmission of electromagnetic radiation. The term Communication Facility includes any appurtenant structures, buildings, antennas, or towers.
COMMUNITY RESIDENTIAL HOME A dwelling unit licensed to serve clients and provides living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional, and social needs of an aged person, a physically disabled or handicapped person, a developmentally disabled person, a non-dangerous mentally ill person, and a child as defined in the appropriate statute.
CONSUMER SERVICES Retail services provided to the public for consumers such as barber shop, beauty salon, dry cleaning, shoe repair, etc.
CONTINUING CARE RETIREMENT FACILITY A facility that provides a continuum of accommodations and care to residents, from independent living to long-term bed care.
CONTRACTOR'S YARD A premises, other than a construction site on which a building permit is in force, which is used by a building contractor or any other tradesman or landscaper, for the fabrication of subassemblies or the storage of supplies or equipment.
COTTAGE COLONY A group of three (3) or more buildings on a lot, which are devoted to residential use on a seasonal basis.
DAY CAMP - The use of a site for provision of indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding, and incidental food service. If incidental to the camp use, camp facilities may be used to provide meeting, recreation, or social facilities for a private association or group.
DISPOSAL AREA Any area of land used for the storage or abandonment of junk, scrap or discarded materials made or used by man, or the demolition or abandonment of automobiles or other vehicles, boats, machinery or parts thereof.
DWELLING UNIT A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation as required by state sanitary code.
DWELLING UNIT - TWO A building containing two dwelling units.
DWELLING UNIT - MULTI A building containing more than two dwelling units.
DWELLING, ONE UNIT WITH ACCESSORY APARTMENT An owner-occupied building containing two (2) dwelling units, one (1) of which shall be an accessory apartment with a net floor living area not to exceed six hundred (600) square feet, which includes not more than one bedroom, a kitchen, living room and bath. For the purpose of this definition, either unit shall be owner occupied on a year-round basis, except for bona fide temporary absences during which the unit is not rented. The apartment created by this definition shall be restricted to use by the property owner's immediate family, including in-laws (mother, father, brother, sister), and/or a health care professional providing a service to the above family.
ELEVATION : The measurement of height referred to the National Geodetic Vertical Datum.
EMPLOYEE TEMPORARY HOUSING - means a building providing sleeping quarters for a employees of a hotel, motel, restaurant or entertainment facility with food service including the property manager. Each unit shall be readily accessible to adequate kitchen facilities and/or regularly scheduled meals shall be provided in a common dining facility.
ENTERTAINMENT FACILITY WITH FOOD SERVICE means facility providing various forms of entertainment (music or other performance arts), other than adult entertainment, which provides food service to accompany the entertainment.
ENVIRONMENTAL ASSESSMENT (EA) : An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER : An enclosed structure, cabinet, shed or box within which electrical equipment is housed.
EXHIBITION AREA - An area or space either outside or within a building for the display of topic-specific goods or information.
EXTENDED CARE FACILITY A separate facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
FALL ZONE : The area on the ground within a prescribed radius from the base of an antenna, which is set aside for falling debris or collapsing material.
FAMILY DAY CARE HOME Any family day care home facility as defined by M.G.L c.28A, §9.
FUEL CELL ENERGY MANUFACTURING FACILITY means a site which produces 1 or more fuel cells or fuel cell stacks, inverters or other power conditioning units for use in fuel cell energy systems. Fuel cell energy manufacturing shall include fuel processors for converting fuel for use in a fuel cell.
FUEL CELL means an electrochemical device that uses an external fuel and continuously converts the energy released from the oxidation of fuel by oxygen directly into electricity without combustion and consists of an anode, a cathode, and an electrolyte.
FUEL CELL STACK means an assembly of fuel cells.
FUEL PROCESSOR means a device that converts a fuel, including, but not limited to, methanol, natural gas, or gasoline, into a hydrogen rich gas, without combustion for use in a fuel cell.
FILLING STATION Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels and oil.
FORMULA BASED BUSINESS : A type of retail sales establishment (not including consumer services), or a restaurant, tavern, bar, or other food establishment which is under common ownership or control or is a franchise and is one (1) of ten (10) or more other businesses or establishments worldwide maintaining three or more of the following features:
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
GEOTHERMAL ENERGY MANUFACTURING FACILITY means a facility that manufactures systems designed for the collection of absorbed heat derived from underground, in the atmosphere and oceans.
GIFT SHOP Retail sales uses including antique shops, handcrafted items that are produced on the site, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.
HOME OCCUPATION A business, trade or profession conducted in the proprietor's legal residence or within a structure accessory to the residence.
HOTEL A building or complex of buildings providing transient lodging, food and other related serviced within which access to the individual units is provided by common interior corridors. The individual units do not have cooking facilities.
HOTEL/CONDO A hotel or motel property containing a mixture of uses subject to Chapter 140 and Chapter 183B of the Massachusetts General Laws.
HOTEL/MOTEL ROOM A single room in a hotel or motel forming a single living unit. Hotel/Motel Suite A number of connected rooms in a hotel or motel forming one living unit.
INSTITUTIONAL USE, OTHER A public service use operated or run by a nonprofit corporation or organization which in not entitled to exemption from zoning requirements as set forth in M.G.L c.40A, §3.
LAUNDRY FACILITIES Areas for washing clothing/linens intended to serve the needs of the guests of a Hotel, Motel or Hotel/Condo property.
LIGHT INDUSTRY A use which involves the processing, assembling, or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause: Excessive dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare, or vibration discernable beyond the property lines of the industry, hazard of fire or explosion or other physical hazard to any adjacent building or land, or to surface or groundwater.
Including, but not limited to, food and associated industries such as: wholesale bakeries, packaging and/or bottling of food, winery and small brewery.
LODGING HOUSE A building in which living space, with or without common cooking facilities, is let for compensation to four (4) or more persons who are not within the second degree of kinship to the owner or operator, as defined by civil law, but not including a hotel, motel, motor court, or a building in an educational or philanthropic use.
LOT A parcel of land not divided by a street, in one (1) ownership, with definite boundaries ascertainable by recorded plan or deed, and used or set aside and available for use as the site of one (1) or more buildings or for any other definite purpose.
LOT AREA The horizontal area of a lot exclusive of any area within a street. A maximum of ten percent (10%0 of the lot may be wetland as defined under M.G.L. c.131.
LOT FRONTAGE Continuous portions of the street line over which automobiles have legal and physical access from the lot.
LOT LINE A line bounding a lot.
LOT SHAPE NUMBER The number resulting from the division of the square of the perimeter by the area of the lot or said portion thereof.
LOT WIDTH The horizontal distance between lot lines measured parallel to the street line at the back of the required front yard.
MARINE USE A commercial or industrial activity serving or deriving its nature from water crafts, including but not limited to boat storage, repair or maintenance, sale and service or water crafts, motors, electronic, and other goods or services associated exclusively with water crafts.
MAXIMUM TOTAL SITE COVERAGE Maximum total site coverage shall be calculated by adding the square footage of the footprint of all structures, parking, pavement, including street access drive, but excluding walks, and dividing the total square feet thereby obtained by the total lot area in square feet.
MOTEL OR MOTOR COURT A building or complex of buildings providing transient lodging accommodations with separate outside entrances for each unit without cooking facilities.
MOUNT : The structure or surface upon which antennas are mounted, including the following types of mounts:
1. Roof-mounted: Mounted on the roof of a building.
2. Side-mounted: Mounted on the side of a building.
3. Ground-mounted: Mounted on the ground.
4. Structure-mounted: Mounted on a structure other than a building.
NON-COMMERCIAL SCALE SOLAR ENERGY ELECTRICAL GENERATORS Non-Commercial Scale Solar Energy Electrical Generators shall mean any Accessory Solar Energy Facility with five (5) kilowatts or less capacity or which exceeds five (5) kilowatts capacity and is designed to produce fifty (50) percent or more of its energy for the principal on-site use.
NONCONFORMING USE OR STRUCTURE A use or structure which conformed to the provisions of the zoning By-Law, if any, at the time it was established or constructed, but does not conform to the current requirements for the district in which it is located.
NON-PROFIT EDUCATIONAL Any structure or use entitled to the education exemption set forth in M.G.L. c.40A, §3.
NURSING AND/OR CONVALESCENT HOMES Any institution however named whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for three (3) or more persons admitted thereto for the purpose of nursing or convalescent care.
PANHANDLE LOT A lot with the required lot frontage which has reduced access to the main portion of the lots.
PARKING LOT/GARAGE, COMMERCIAL A structure or designated area used for the parking and storage of vehicles which is operated as a business and open to the public for a fee.
PERSONAL WIRELESS SERVICE FACILITY : Facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996 which include the offering of telecommunications for a fee directly to the public (including cellular telephone, personal communications and enhanced specialized mobile radio service which are offered for a fee to the public), or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Such personal wireless service facility shall not include any non-fee, "ham", short-wave, FM mobile radio or similar non-fee antenna facility.
PERSONAL WIRELESS SERVICES : The three types of services regulated by Section 7.
PHILANTHROPIC USE, OTHER An organization operating under a nonprofit charter, the activities of which are devoted exclusively to benevolent purposes.
PHOTOVOLTAIC ENERGY SYSTEM MANUFACTURING FACILITY means a site which produces a solar energy device composed of 1 or more photovoltaic cells or photovoltaic modules and an inverter or other power conditioning unit. A Photovoltaic Energy System Manufacturing Facility may also produce batteries for power storage or an electricity storage device.
PHOTOVOLTAIC CELL means an integrated device consisting of layers of semiconductor materials and electrical contacts capable of converting incident light directly into electricity.
PHOTOVOLTAIC MODULE means an assembly of photovoltaic cells.
PRINCIPAL STRUCTURES The structure within which the primary activity of the principal use of a given lot occurs.
PRINCIPAL USE The primary use to which a lot or structure is put or employed.
PRIVATE CLUB, MEMBERS ONLY A structure or facility owned and/or operated by a corporation or association of persons for social or recreational purposes.
PROFESSIONAL OR BUSINESS OFFICE An office or place of business where professional or business services are offered and dies not involve the sale of goods, or the keeping of a stock in trade.
RADIO FREQUENCY (RF) ENGINEER : An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIO FREQUENCY RADIATION (RFR) : The emissions from personal wireless service facilities.
RECREATION, INDOOR A business operating sports or leisure time activities or facilities within a building.
RECREATION, OUTDOOR A business operating sports or leisure time activities or facilities which are open to the weather.
RENEWABLE ENERGY MANUFACTURING FACILITY shall mean a business engaged in the research, development, or manufacturing of biodiesel, photovoltaic, solar-thermal, geo-thermal, fuel cell and wind energy systems
RESTAURANT An establishment for the retail sales of prepared food for consumption on the premises.
RESTAURANT, FAST FOOD OR TAKE-OUT An establishment for the sale of food prepared and made ready for immediate sale in advance of a customer's order, or of food prepared and packaged for take-out or consumption off premises, including establishments providing in-car service, drive-up service, exterior window service or service at two (2) or more interior customers service windows or stations. The foregoing shall apply notwithstanding the fact that the establishment may provide available eating facilities within the establishment. The foregoing shall not apply if such sales are wholly incidental and ancillary to a conventional restaurant or other allowed principal use; not shall this regulation apply to ice cream parlors.
RETAIL SALES The selling of goods or merchandise to the general public and providing services incidental to the sale of such goods.
SECURITY APARTMENT INCIDENTAL TO A COMMERCIAL OR INDUSTRIAL USE A dwelling unit, of six hundred (600) square feet or less, including separate kitchen facilities and separate bath, located within a commercial structure.
SECURITY BARRIER : A wall or a fence that completely encloses an area from unauthorized entry or trespass.
SEPARATION . The horizontal distance between any two antennas.
SERVICE ORGANIZATION A nonprofit organization, the services of which are devoted to the betterment or improvement of the community.
SETBACK The minimum horizontal distance from a structure to an adjacent lot line measured perpendicular to the lot line.
SOLAR THERMAL ENERGY SYSTEM MANUFACTURING FACILITY means a facility involved in the production of the components for an integrated unit consisting of a sunlight collection device, a system containing a heat transfer fluid to receive the collected sunlight, and heat exchangers to transfer the solar energy to a thermal storage tank to heat or cool spaces or water or to generate electricity.
SPA'S - Centers including any of the following: indoor sauna, spa or hot tub facilities; masseuse etc.
SPECIAL REVIEW A review conducted by the Planning Board of proposed improvements, alterations or development of land or buildings by public or private organizations (i.e. religious and municipal) not subject to Site Plan Approval requirements of the By-Law.
STABLE A structure for housing three (3) or fewer horses.
STABLE COMMERCIAL, RIDING SCHOOL The commercial housing of four (4) or more horses by means of rental of stalls and/or stables and/or the use of the property for the purposes of horseback riding lessons, horse training, and similar uses. It does not include the breeding of horses, which is considered an agricultural use.
STORY That portion of a building contained between any floor and the floor or roof above.
STREET A way which affords the principal means of access as defined in M.G.L. Ch.90 and 41, §81L.
STREET LINE A lot line abutting a street.
STRUCTURE An assembled combination of materials at a fixed location to give support or shelter, exclusive of boundary or retaining walls, fences, flag poles, self contained heating or ventilating equipment and the like.
TEMPORARY CHILD CARE On-site child care facilities serving the needs of a customer or employee of a business.
TEMPORARY MOBILE HOME A mobile home used by the owner and occupier of a residence which has been destroyed by a fire or other natural holocaust placed on the site of such residence and residing in such home for a period not to exceed 12 months while the residence is being rebuilt. Any such mobile home shall be subject to the provisions of the state sanitary code.
TEMPORARY USE Any activity which by its nature is intended and expected to begin and end within a period of eleven (11) days or less, including but not limited to theatrical entertainments, athletic contests, public sales or demonstrations.
THEATERS - building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.
TOWER, COMMUNICATION . A freestanding structure designed to accommodate one or more communication antennas. Communication towers shall be considered to mean the tower plus the antennas to be affixed to the tower.
USE The purpose for which land or a building or a structure is arranged, designed or intended, or for which either land or a building or a structure is or may be occupied or maintained.
WAREHOUSING The storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field which shall not include the bulk storage of nuclear or radioactive products and/or toxic waste chemicals.
WATER DEPENDENT USES A use which by its nature must be located or is customarily located abutting a waterway or waterbody including, without limiting the generality of, the building, maintenance, repairing, storage or sale of boats, the sale of marine fuels and lubricants, the sale of marine accessories (such as rope and fishing gear), docking facilities and launching facilities.
WHOLESALE TRADE The sale of goods or services intended for resale.
WIND ENERGY SYSTEM MANUFACTURING FACILITY means a facility involved in the production of the components for wind turbines including the production of rotors, electrical generators, control systems, inverters or other power conditioning units, towers, and blades which uses moving air to produce power.
YARD That portion of the lot which is unoccupied by a structure except for fences, furniture, and other customary yard accessories.
YARD, FRONT A yard extending between any street line and the principal structure, and bounded by the sides of the lot.
YARD, REAR The yard most distant from and generally opposite the front lot line. In the case of a triangular lot or lot with more than four sides, however, the line from which the rear setback shall be measured shall be a line located ten feet from the farthest point of the lot from the frontage and that is parallel to the front lot line or its chord.
YARD, SIDE A yard other than a front or rear yard, extending between lot line and the principal structure, and bounded by a front yard and the rear yard.
AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE A99, V1-30, VE, or V.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.
COASTAL HIGH HAZARD AREA means the area subject to high velocity waters, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRICT means floodplain district.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY means an examination, evaluation, and determination of flood hazards, and if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, PROVIDED that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of State and local regulations.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of October 6, 1976. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective of an initial FIRM or after December 31, 1974, whichever is later.
NATIONAL FLOOR INSURANCE PROGRAM (NFIP) is administered by the Federal Emergency Management Agency (FEMA)
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related erosion hazards, and shown on a FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE.
STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.
BLADE Extensions from the hub which are designed to catch the wind and turn the rotor to generate electricity.
BLADE-TIP HEIGHT - The height as measured from the grade of the land below to the highest extension of the blade.
CUT-OUT WIND SPEED The high wind speed at which the Facility must shut-down to protect itself from being overpowered.
HUB The center of the rotor to which the blades are attached.
HUB HEIGHT The height as measured from the grade of the land below the wind Facility to the center of the rotor or hub.
NACELLE The frame and housing at the top of the tower. It protects the gear box and generator from weather and helps control the mechanical noise level.
ROTOR A wind Facility's blades and the hub to which they are attached.
ROTOR DIAMETER The diameter of a wind facilities rotor measured as twice the length of the longest blade plus the hub width (or equal to the diameter of the cylinder).
WIND FACILITY - All equipment, machinery and structures utilized in connection with wind-generated energy production, generation and sale, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface, or overhead and other equipment or byproducts in connection therewith, including but not limited to, rotor, electrical generator and tower, anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads.
WIND FACILITY, COMMERCIAL A wind facility, which is designed to generally supply less than fifty percent (50%) of its electrical output for use on site.
WIND FACILITY, NON-COMMERCIAL A wind facility, which is designed to generally supply fifty percent (50%) or more of its electrical output for use on site.
SEASONAL COTTAGE : A building containing a single unit made up of a room or group of rooms containing facilities for eating, sleeping, bathing and cooking and is designed for seasonal use and not as a year-round dwelling unit.
SEASONAL RESORT COMMUNITY : A site generally consisting of three or more Seasonal Cottages and/or Recreational Vehicle Sites which may also contain subject to the other provisions hereof other accessory structures, neighborhood convenience store, temporary seasonal retail facilities, recreational facilities, common facilities and an owner's/manager's unit.
OWNER'S/MANAGER'S UNIT : A residential unit located on a property used for a seasonal resort community used by the owner or manager of the facility. The Owner's/Manager's Unit may be a year-round dwelling, including covered parking and a garage.
RECREATIONAL VEHICLE : A vehicle that:
A. Is built on a single chassis;
B. Contains 400 square feet or less of floor area;
C. Is self-propelled or towed by a passenger car or truck;
D. Is designed as temporary living quarters for recreational, camping, travel or seasonal use, not as a dwelling unit; and
E. Is built to ANSI Standards.
RECREATIONAL VEHICLE ACCESSORY ENCLOSURE : A factory-manufactured rigid metal or plastic/composite enclosure, with the dimensions not exceeding twelve feet in width nor the length of the Recreational Vehicle, and designed for use with Recreational Vehicles. The term shall include decks, patios, awnings, awning tents, screen panels and unenclosed roof projections.
RECREATIONAL VEHICLE, PARK MODEL : A recreational vehicle containing between 320 and 400 square feet of floor area, not counting Recreational Vehicle accessory enclosures. Recreational Vehicle, Park Models are built to ANSI Standards.
RECREATIONAL VEHICLE SITE : A site within a Seasonal Resort Community provided for occupancy by Recreational Vehicle or Recreational Vehicle Park Model
SEASONAL COTTAGE SITE : A site within a Seasonal Resort Community provided for occupancy by Seasonal Cottage
RECREATIONAL FACILITIES : Facilities provided for the amusement and enjoyment of the residents of the Seasonal Resort Community and not hired or rented out for use by individuals not associated with the Seasonal Resort Community.
RESORT CONVENIENCE STORE : A Resort Convenience Store is intended primarily to serve the day-to-day needs of a seasonal resort community primarily with the sale of merchandise, including but not limited to items such as foodstuffs, prepared foods, nonprescription medical supplies, sanitary supplies, newspapers, emergency home repair articles, household cleaners, toiletries, and other household items. A Resort Convenience Store may include the provision of a coffee shop, deli or ice cream shop.
SEASONAL RESIDENTIAL UNIT : As used in this section, a Seasonal Residential Unit shall refer to any Recreational Vehicle Site, Seasonal Cottage; or Owner/Manager's Unit.
COMMON FACILITIES : Seasonal resort communities generally include common facilities such as laundry facilities, picnic areas, clubhouse, meeting areas and other recreational facilities for the use of the residents.
MAINTENANCE GARAGE : An accessory structure intended to serve the operation and/or maintenance needs of a seasonal resort community including for the storage of maintenance vehicles, equipment and supplies, the housing of infrastructure systems and/or office or workshop space related to the same.
AASHTO American Association of State Highway and Transportation Officials.
ACI American Concrete Institute.
ASTM American Society for Testing and Materials.
APPLICANT Either the owner of the land stated in the application or all the owners where title is held jointly, in common, or in tenancy by the entirety including corporations, as shown by the record in the appropriate Registry District or the Land Court. An agent, representative or assignee may act for the owner/owners, provided written evidence of such fact is submitted to the Board.
BOARD The Planning Board of the Town of Dennis.
COLLECTOR STREET A street which in the opinion of the Board is being used or will be used as a thoroughfare between different sections of the Town, or which will be used as a principle access to a business or industrial subdivision, and shall include any street servicing 100 or more lots or dwelling units.
ENGINEER A person who has been registered by the Commonwealth of Massachusetts to perform Professional Engineering.
LOT An area of land in one ownership with definite boundaries, used or available for use as the site of one or more buildings.
NGVD National Geodetic Vertical Datum
MINOR STREET A street which in the opinion of the Board is used to service abutting lots and is not intended for use by through traffic, and shall include any street servicing 6-49 lots or dwelling units.
PRELIMINARY PLAN A plan of proposed subdivision as defined in Section 81-L, Chapter 41, General Laws.
RIGHT-OF-WAY The area laid out that is intended to be occupied by a road, utilities, storm drains, sidewalks and other similar uses. (See Figures 2 thru 7 and Table 1).
ROADWAY That portion of a street right-of-way which is designed and prepared for vehicular travel.
SECONDARY STREET A street collecting traffic from several minor streets, and shall include any street servicing 50-99 lots or dwelling units.
SHAPE FACTOR The number resulting from the division of the square of the perimeter by the area of the lot or said portion thereof.
SUBDIVISION CONTROL LAW Section 81-K to 81-GG inclusive, of Chapter 41, General Laws.
SURVEYOR A person who has been registered by the Commonwealth of Massachusetts to perform Land Surveying.
USGS United States Geological Survey.
WAY A street which services five (5) or less lots or dwellings units.