ABUTTER - One who abuts.

ABUTTING - Having a common property line with, contiguous to, fronting upon, or within three hundred (300) feet of any property line thereof.

ACCESSORY APARTMENT - A subsidiary dwelling unit created within or as an extension to a single-family dwelling or a structure accessory thereto, with separate cooking, sleeping, and bathroom facilities.

ACCESSORY BUILDING OR USE - A building, structure, or use customarily incidental and subordinate to the principal permitted use of building or land, located on the same lot as the principal permitted building or use, and not prohibited by this chapter.

ALTERATIONS, MINIMUM EXTERIOR - External alterations limited to those necessary to comply with applicable building, fire, or health codes, and not enlarging the usable area of a building or changing its character.

APPROVING AUTHORITY - Building Permits - Building Inspector; Special Permits - Board of Appeals; Variances - Board of Appeals; Site Plan Review - Planning Board.

BASEMENT - That part of a building which is partly below and partly above grade, and having at least one-half (1/2) its height above grade.

BUILDING - A structure having a roof and intended or used as a shelter for humans, animals, or goods, to be construed as if followed by the words "or any part thereof". Buildings which are touching, structurally connected, or attached shall be considered as one (1) "building".

CELLAR - That part of a building which is partly or completely below grade, and having at least one-half (1/2) its height below grade.

CONTINUOUS BUILDABLE UPLAND - That area of a lot not including part of a street, right-of-way, or easement, any part of a pond, river, stream, or wetland, or any part of land subject to flooding. Land subject to flooding shall be defined by the Federal Emergency Management Agency Firm Flood Insurance Rate Maps 100-year floodplain, for the Town of Acushnet, Massachusetts, Bristol County, as amended. Wetlands, ponds, rivers, and streams shall be defined by Chapter 131, Section 40 of the Massachusetts General Laws Previously recorded lots shall be governed by the provisions of Section 4.3 of this Article.

CUSTOMARY HOME OCCUPATION - The use of a portion, not exceeding twenty five percent (25%), of a one-family home, including the accessory buildings, by persons resident therein for a gainful occupation that is clearly incidental and secondary to the use as a residence; that does not generate a significant increase in traffic, noise, smoke, vibration, dust, odors, glare, unsightliness, or other effects not normally produced by a residence; that involves no exterior display or storage of goods, tools, materials, or equipment, or the parking of more than one (1) commercial vehicle; that gives no exterior indication of such occupation, other than one (1) sign not over four (4) square feet; that involves only motive power normally found in a home; that does not employ more than two (2) persons not resident therein; that involves the exercise of artistic, domestic, personal, or professional skills; and that requires the approval of the Board of Health for disposal of any waste generated by such occupation that differs in quantity or composition from domestic solid or liquid waste.

DOG KENNEL - The keeping for sale or boarding purposes, including convalescence or treatment, of more than three (3) dogs that are more than six (6) months old.

DRIVEWAY - An open area of a lot arranged or constructed for vehicular access to a principal or accessory structure or use, or to one or more off-street parking or loading spaces, located on the same lot. A driveway shall not service more than one lot unless a special permit is granted for a common driveway. (Amended ATM 4/27/98, approved 7/17/98)

DWELLING, MULTI-FAMILY - A dwelling containing two (2) or more dwelling units.

DWELLING UNIT - Living quarters for a single family.

FAMILY - Any number of individuals related by blood, marriage, or adoption, and not more than six (6) individuals not so related, living together as a single housekeeping unit. (The limit on the number of unrelated individuals shall not apply to foster children under sixteen (16) years of age.)

FARM - Land or premises used to raise agricultural, sivicultural, or horticultural products, livestock, poultry, and dairy products, other than piggeries, dog kennels, riding stables, and the raising of carnivorous fur-bearing animals.

FLOOR AREA, GROSS - The aggregate horizontal area, in square feet, of all floors of a building or several buildings on the same lot, measured from the exterior faces of walls enclosing each building.

FLOOR AREA RATIO - The ratio of the aggregate gross floor area of all floors of a building or buildings on a lot to the total lot area. The gross floor area shall not include unenclosed porches, cellars, or attics not used for human occupancy. It shall include all accessory structures covered by a roof used for storage or enclosure of any item, goods, materials, livestock, or other creature.

FRONTAGE - The distance along a continuous portion of a street line between intersections with lot side lines, provided that for lots abutting more than one (1) street, frontage shall be required and measured along one (1) street only, but the front yard required by Section 3 hereof shall be provided along each street the lot abuts, and that for corner lots, frontage shall be measured to the intersection of street lines or to the middle of the corner rounding curve connecting such street lines, and further provided that a lot shall only be deemed to have "frontage" along any street to which it has both legal and physical access.

FUR FARM - The keeping or raising of carnivorous fur-bearing animals for commercial purposes.

HEIGHT - The vertical difference between the average of the mean finished ground elevations of all sides of the building or structure and the elevation of the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. This definition shall not include signs and the structural features exempt by Section 4.2 hereof and extending not more than twenty (20) feet above the permitted height.

HOUSING FOR THE ELDERLY - Housing with occupancy of each dwelling unit reserved to not more than two (2) persons, one (1) of whom must either be fifty-five (55) years of age or older or handicapped.

IMPERVIOUS - Impenetrable by surface water.

INDIVIDUAL - A human being.

LOT - A single tract of land in identical ownership throughout with definite boundaries ascertainable through a recorded plan or deed.

LOT DEPTH - The minimum distance as measured between the lot frontage and any other lot line. All required lines of measurement must be completely within the lot. The minimum lot depth must be maintained within the required lot width.

LOT WIDTH - The minimum distance as measured between opposite lot side lines. The minimum lot width must be maintained at all locations on the lot that are totally or partially within the required lot depth.

MOBILE HOME - A structure, transportable in one (1) or more units, built on a permanent chassis, equipped with wheels for towing to its destination, provided with internal heating, plumbing, and electrical systems and designed to be used as a dwelling when connected to the required utilities, with or without a foundation.

NONCONFORMING BUILDING, LOT, OR USE - A legally existing building, lot, location of building on a lot, or use of buildings or land which does not conform to the zoning regulations for the district in which it is located.

ONE-FAMILY HOUSE - A detached dwelling intended and designed to be occupied by a single family.

PERSON - One (1) or several individuals, a family, firm, partnership, associations, corporation, company, or institutional organization of any kind.

PIGGERY - The keeping of five (5) or more pigs over one (1) year.

PREMISES - A lot, with all buildings, structures, improvements, and uses thereon.

ROADSIDE STAND - A structure erected and used exclusively for the sale of flowers or farm and garden products, the majority of which, by value, have been grown on the premises or within the Town of Acushnet. The structure may be located within the minimum required front yard, but at least twelve (12) feet from the nearest street line, if built of wood and other readily movable materials, without a foundation, integral heating, or permanent utility connections, and not over three hundred fifty (350) square feet gross floor area.

SALVAGE YARD - Premises used for the collecting, storage, and sale of wastepaper, rags, scrap metal, or discarded materials or for collecting, dismantling, storage, salvage, and sale of used machinery, vehicles, or parts thereof

STORY - The part of a building between the top of any floor and the stop of the floor or roof next above, including a basement, but excluding a cellar or attic.

STORY, HALF - That part of a building under a gable or sloping roof in which the intersection of the bottom of the rafters with the interior faces of the outside walls is four (4) feet or less above the floor level or that part of a building if more than half of its exterior wall is below the mean finished ground elevation, and excluding a cellar or attic used solely for utilities, services, or storage and not for sustained human occupancy.

STREET OR WAY - A public way, a private way shown on a plan approved under the provisions of the Subdivision Control Law, or a private way in existence when the provisions of the Subdivision Control Law became effective in Town, having, in the opinion of the Town's Planning Board, suitable grades and adequate construction to serve the proposed use of land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon, having a minimum pavement width of twenty-two (22) feet and a minimum layout width of thirty (30) feet.

STRUCTURE - A man-made combination of materials assembled in a fixed location to give support or shelter or for any other purpose, including buildings, frameworks, platforms, sheds, and the like, provided that fences not over six (6) feet in height, signs, utility poles, and small decorative or accessory structures not over three (3) feet in height or six (6) feet in any dimension, such as sculptures, mailboxes, birdbaths, benches, and the like, shall not be subject to the yard requirements of this chapter if located at least two (2) feet from side or rear lot lines or buildings.

TOXIC OR HAZARDOUS MATERIALS - Substances listed on the Massachusetts Substance List contained in 105 CMR 670, Appendix A, substances regulated as hazardous under M.G.L.A. C. 21C, as amended, and regulated substances defined under Subtitle 1, Section 9001, of the Resource Conservation and Recovery Act, as amended.

TRAVEL TRAILER - A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational, or vacation use.

VEHICULAR USE AREA - Includes all areas used for the circulation, parking, and/or display of any and all types of vehicles, boats, or heavy construct on equipment, whether self-propelled or not, and all land upon which vehicles traverse as a function of the primary uses. Driveways and parking spaces serving single-family residential uses shall be an exception to this definition.

YARD - A strip of land, unoccupied by building or structures, between a street or a, lot line and a line parallel thereto at a depth equal to the minimum distance to the nearest part of any building or structure, measured at night angles to such street or lot line. If a lot is triangular or wedge-shaped, it shall have no rear yard, while on an irregular-shaped lot, the rear yard shall be adjacent to the lot line most nearly opposite to the frontage street. The minimum required yard may also be referred to as the required setback. The required front yard shall be provided along all street lines if the lot is on more than one (1) street.

ACCESSORY SIGN - A sign describing, advertising, or drawing attention to the premises on which it is located, to the occupants thereof or to any business or activity conducted on such premises or to the availability of any part of the premises for rent, lease, or sale.

DIMENSIONS OF A SIGN - The area of a sign shall be the area of the smallest rectangle within which the entire sign can fit, excluding structural supports which do not contribute through shape, color, or otherwise to the sign's message, but including any separate surface, board, frame or shape on or within which the sign is displayed. For signs, the components of which are painted or engraved on or otherwise applied directly to a building or other structure, the sign area shall include any background of a different color, material, or appearance from the remainder of the wall or structure and shall, in any event, enclose all letters, figures, or representations related to the sign. The "dimensions of a sign" shall be the length and width of such a rectangle. The height of a sign shall be measured to the highest point of the sign, including any structural or ornamental projections above the sign proper, from the average ground level above which the sign is located. A two-sided sign, with message on opposite sides (back-to-back), will be deemed to be one (1) sign; a sign with faces at an angle to each other shall be deemed to consist of several signs, one (1) for each direction faced.

SIGN - Anything that advertises, directs, promotes, identifies, describes, or draws attention to persons, products, or firms or any combination of letters, figures, shapes, colors, devices, pictorial, or three-dimensional representations, whether rigid, movable, or flexible, provided that signs required by governmental regulation or law or erected pursuant to or in discharge of a governmental function, flags, and insignia of any government not used in connection with advertising or commercial activities and signs not visible from outside the premises shall not be regulated by this chapter, nor shall this chapter apply to signs exempted from local regulations by the provisions of Section 32 of Chapter 93 of the General Laws, as amended.

APPLICANT : Shall mean the owner of land acting directly or through a duly authorized agent or attorney, but no agent can execute any legal instruments or make a binding commitment on the owner's behalf, except upon a written authorization by the owner filed with the Planning Board.

COVENANT : A binding written promise by the owner not to see lots, apply for building permits, or build on lots until the ways and utilities to serve such lots have been completed and the lots released by the Planning Board in writing from the restrictions of the covenant.

DEVELOPER : Same as "Applicant" or "Subdivider."

PLANNING BOARD : Town of Acushnet Planning Committee

PUBLIC : Shall mean the Town of Acushnet, the Commonwealth of Massachusetts, or the United States of America.

RIGHT-OF-WAY : The legal, as opposed to paved or constructed, boundaries of a street, the area between sidelines of a street layout.

STREET : Same as "Way."

SUBDIVIDER : Shall mean the owner of land undertaking the process of subdivision; may refer to the prospective owner of land under a purchase acid sale agreement authorized by the owner in writing to make binding commitments or provide performance guarantees, but shall not include a contractor performing work under a contract with the owner or subdivider.

TOWN : Shall mean the Town of Acushnet, Massachusetts.

UTILITIES : Same as "municipal services," includes, without limitation, water supply piping and appurtenances, sewage disposal piping and appurtenances, electricity, gas, fire alarm conduits, street signs, shade trees, and other services requiring physical location in or aboveground, and commonly provided by municipalities to their residents.

WAY : See Protective By-Law Definition.