ABANDONMENT : The visible or otherwise apparent intention of an owner to discontinue to use of a building or premises; or the removal of the characteristic equipment of furnishing used in the performance of the non-conforming use, without its replacement by similar equipment or furnishings; or the replacement of the non-conforming use of building by a conforming use or building.
ADULT BOOKSTORE : An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which axe distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272 §31. For the purpose hereof, the words "substantial or significant" shall mean more than twenty-five percent (25%) of the establishment's inventory of stock or more than twenty-five percent (25%) of the establishments gross floor area.
ADULT CABARET : A nightclub, bar, restaurant tavern, dance hall, or similar commercial establishment that regularly features:
a. persons who appear in a state of nudity; ox
b. live performances which axe characterized by an emphasis depicting anatomical areas specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement as defined in Massachusetts General Laws Chapter 272, Section 31; ox
c. films, motion pictures, video cassettes, slides, or other photographic reproductions which axe characterized by the depiction or description of anatomical areas specified as above, or relating to sexual conduct or sexual excitement as defined in Massachusetts General Laws Chapter 272, Section 31.
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 the Massachusetts General Laws.
ADULT PARAPHERNALIA STORE : An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys that axe distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. For the purposes hereof, the words "substantial or significant" shall mean more than twenty-five (25%)percent of the establishments inventory of stock or more than twenty-five (25%) percent of the
ADULT VIDEO STORE : An establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which axe distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272 §31. For the purposes hereof, the words "substantial or significant" shall mean more than twenty-five (25%) percent of the establishments inventory of stock or more than twenty-five (25%) percent of the establishments gross floor area. exits, size, use of location of a building or other structure.
AMUSEMENT ARCADE : Any premises wherein over fifty (50%) percent of the floor space available to the public is reserved for mechanical or electrical devices furnishing amusement upon a deposit of money or five or more such amusement devices axe installed. For purposes of computing percentage of floor space used, each amusement device shall be considered to require space equal to two hundred (200%) percent of the actual floor space covered by said device.
AUTOMOBILE BODY SHOP AND/OX FACILITY FOR MAJOR REPAIRS : An establishment available to the public and operated for gain, engaging in any type of automobile body work, painting, and/ox repairs, including major engine and transmission repairs, and excluding the selling of automobile fuel.
AUTOMOBILE SERVICE STATION : An establishment other than a private garage, available to the public and operated for gain which supplies fuel, oil and automobile accessories to motor vehicles, and which may include grease racks or elevators and may provide repairs for the normal and safe operation of automobiles, excluding body work and painting.
BASEMENT : A portion of a building, partly below grade, which has less than one half of its height measured from finished floor to finished ceiling below the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is four (4') feet or more above the average grade.
BOARD : The Board of Appeals of the City of Attleboro, Massachusetts.
BUILDING : A combination of any materials, whether portable or fixed, having a roof, enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property. For purposes of this definition, "roof' shall include an awning or any similar covering, whether or not permanent in nature.
BUILDING AREA : The aggregate of maximum horizontal cross-sectional area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces.
BUILDING LINE : The line established by this ordinance beyond which a building shall not extend, except as specifically provided in this ordinance, which is a line set back thirty (30') feet from and parallel to the frontage line.
BUILDING, ATTACHED : A building having any portion of one or more walls in common with adjoining buildings.
BUILDING, COVERAGE : The building area expressed as a percent of the total lot area.
BUILDING, DETACHED : A building having open space on all sides.
BUILDING, PRINCIPAL : A building in which is conducted the principal use of the lot on which it is located.
CELLAR : A portion of a building, partly or entirely below grade which has half or more than one half or its height measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. A cellar is not deemed a story.
CERTIFICATE OF USE AND OCCUPANCY : A statement signed by the Inspector of Buildings, setting forth either that a building or structure complies with the ZONING ORDINANCE or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.
DAY CARE, FAMILY HOME : Any private residence which, on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age, or children under sixteen years of age if such children have special needs; provided however, in either case, that the total number of children under sixteen in a family day care home shall not exceed six, including participating children living in the residence. Family day care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor.
DAY CARE, GROUP CENTER : Any fatality operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, pre-school, or known under any other name which receives children, not of common parentage, under seven years of age, or under sixteen years of age if such children have special needs, for non-residential custody and care during part or all of the day separate from their parent(s). Day care center shall not include; any part of a public school system; any part of a private organized educational system, unless the services of such a system axe primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious institution; a fatality operated by a religious organization where children axe taxed for during short periods of time while persons responsible for such children axe attending religious services; a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.
DISTRICT : A zoning use district as established by §C17-2.0 ESTABLISHMENT OF DISTRICTS of this ordinance.
DRIVE-IN-EATING ESTABLISHMENT : A business establishment wherein food is usually served to or consumed by patrons while they are seated in parked cars.
DRIVEWAY : An open space, located on a lot which is not more than twenty-five (25) feet in width built for access to a garage or off- parking or loading space.
DUMP : A site intended or used for disposal, including open burning of solid waste, not in accordance with an approved operations plan and with the requirements for a landfill; dumps axe not permitted land use in Attleboro.
DWELLING : A privately or publicly owned permanent structure which is occupied in whole or part as the home residence or sleeping place of one or more persons. The term "one family", "two-family", or "multi-family" dwelling shall not include hotel, lodging house, hospital, membership club, mobile home, or dormitory.
DWELLING UNIT : One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single house-keeping unit with permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING, SINGLE FAMILY : A detached building containing one unit.
DWELLING, ATTACHED SINGLE FAMILY : A building containing two, three or four dwelling units.
DWELLING, DOWNTOWN CLUSTER DWELLINGS : A residential building containing a minimum of eight (8) attached dwelling units, including apartment house and garden apartment house, whereby residential units on the first floor level are regulated by special permit and residential units above the first floor level are permitted by right.
DWELLING, MULTIFAMILY : A building containing three or more dwelling units and including apartment house and garden apartment house.
DWELLING, MULTI-FAMILY; PRIMARILY FOR THE ELDERLY AND HANDICAPPED : Any multifamily dwelling in which the elderly and handicapped shall at all times be given priority in occupancy, and which at no time shall have less than fifty (50%) percent of the units occupied by the elderly, and which at no time shall have more than fifteen (15%) percent of the units occupied by those other than the elderly and handicapped. The word "elderly" as used herein is defined as any person who is 55 years or older, and the word "handicapped" as used herein is defined as any person whose impairment
a. is expected to be of continued and definite duration,
b. substantially impedes her/his ability to live independently, and
c. is such that his/her ability to live independently could be improved by more suitable housing.
DWELLING, TWO FAMILY : A detached building containing two dwelling units.
ESSENTIAL SERVICES : Services provided by public or private utility, or governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems and collection, communication supply, or disposal systems whether underground or overhead. Facilities necessary for the provision of essential services including poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate services by such public or private utility, or governmental agencies for the public health, safety, or general welfare.
FAMILY : An individual or two or more persons related by blood, marriage, or legal adoption living together as a single housekeeping unit and including necessary domestic help such as nurses or servants and further including not more than three lodgers or roomers taken for hire. A group of individuals not related by blood, marriage or legal adoption, but living together as a single housekeeping unit may constitute a family. For purposes of controlling residential density, each such group of seven individuals shall constitute a single family.
FLEA MARKET : Any group of independent vendors gathered at a central location open to the public to display and sell merchandise, with such sales transactions conducted separately and the ensuing sales tax collected and reported separately; regardless of whether a participating vendor owns the location, a fee is charged for vendor participation, or a fee is charged to the public to enter the area and view the displays. Sales sponsored by civic, religious and non-profit fraternal organizations for the sole benefit of such organizations shall not be considered flea markets under this definition.
FLOOR AREA, GROSS : The sum of the gross horizontal area of the several floors including basements of a principal building and its accessory building on the same lot measured from the exterior faces of the walls. It does not include cellars; unenclosed porches or attics not used for human occupancy; malls within a shopping center utilized purely for pedestrian circulation and/or decorating purposes between individual shops of the center; any floor space in an accessory or principal building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this ordinance; or any such floor space intended or designed for accessory heating ventilating and air-conditioning equipment.
FLOOR AREA RATIO : The ratio of the gross floor area to the total lot area.
GARAGE, COMMUNITY : A group of private garages, either detached or under one roc access.
HEALTH CARE FACILITY : Nursing home, rest home or sanitarium providing twenty-four hour inpatient services for the treatment and/or care of elderly; invalid or convalescent persons.
HEIGHT : The vertical distance from the average finished grade of the adjacent ground to the top of the structure of the highest beams of a flat roof, the deck of a mansard roof or the mean level of the highest gable or slope of a hip roof, or to the highest part of a sign.
HELIPORT : An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HELICOPTER LANDING SITE : An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, but no auxiliary facilities.
HOSPITAL : An institution providing acute twenty-four hour inpatient services which include, but are not limited to the treatment of emergencies, intensive and patient care units for adults and children, and major clinical, diagnostic and therapeutic health care services.
HOSPITAL RELATED SERVICES : Hospital or health care related commercial services, such as laboratories, pharmacies, laundries, and medical equipment rentals, which are operated by and on the principal premises of a hospital or health care facility.
HOSPITAL, VETERINARY : A building providing for the diagnosis and treatment of ailments of animals other than human, including facilities
HOTEL : A facility offering transient lodging accommodations to the general public, containing more than 50 sleeping rooms, and having a common entrance, providing additional services such as restaurants, meeting rooms, entertainment and recreational facilities but not including a boarding house, lodging house or rooming house.
JUNK : Any worn out castoff, or discarded articles or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.
JUNKYARD : The use of more than two hundred (200 square feet of the area of any lot whether inside or outside a building, or the use of any portion of any lot that joins any street for the storage, keeping or abandonment of junk.
KENNEL, COMMERCIAL : A pack or collection of dogs on a single premises maintained for sale, commercial breeding, boarding, grooming, training, hunting, or for any other commercial purposes, and including any shop where dogs are on sale.
KENNEL, RESIDENTIAL : A pack or collection of more than three (3) dogs, three (3) months old or over, owned or kept by a person on a single premises and maintained exclusively as domestic pets and not maintained for sale, commercial breeding, boarding, grooming, training, hunting, or for any other commercial purposes.
LANDFILL : The site and the process for the disposal of solid waste in an environmentally sound manner by compaction and deposit in trenches or on the surface and covering daily with approved cover material in accordance with an operations plan approved by the Massachusetts Department of Environmental Protection or other agency having jurisdiction; includes incidental operations and facilities, such as sorting or separation, shredding, baling, transfer stations, and partial resource recovery, but does not include incineration or open burning
LANDSCAPING : Improvements to land to enhance its attractiveness and facilitate its use and enjoyment by planting or removal of vegetation, application of pavement surface materials or ground cover and minor grading which does not alter the overall surface drainage pattern or change the grade at any point by more than one (1') foot vertically.
LIGHT MANUFACTURING : Fabrication, processing, or assembly employing only electric or other inoffensive motor power, utilizing hand labor or quiet machinery and processes, mechanical or chemical transformation of materials or substances, whether the new product is finished or semi -finished as raw material in some other process, into new products including the fabrication, processing, assembly or blending of materials such as lubricating oils, plastics or resin that are free from neighborhood disturbing agents, such as odors, gas fumes, smoke, cinders, flashing or bright lights, refuse matter, electromagnetic radiation, heat or vibration.
LODGING HOUSE AND/OR GUEST HOUSE : A building containing four or more lodging units.
LODGING UNIT : One or more rooms for the semi-permanent use of one, two or three individuals not living as a single housekeeping unit and not having cooking facilities. A "lodging unit" shall include rooms in boardinghouses, lodging houses, tourist homes, guest houses or rooming houses. It shall not include convalescent nursing or rest homes, dormitories or charitable educational or philanthropic institutions; or apartments or hotels.
LOT : An area or parcel of land or any part thereof, including an internal pond wholly on the lot designated on a plan filed with the Inspector of Buildings by its owner or owners as a separate lot and having boundaries identical with those recorded in the Bristol County Registry of Deeds.
LOT CORNER : A lot at the point of intersection of an abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines, or in case of a curved street extended street lot lines, being not more than one hundred and thirty-five (35) degrees.
LOT FRONTAGE : The horizontal distance measured along the street lot line between the points of intersection of the side lot lines with the street lot line.
LOT LINE, REAR, SIDE : Any lot boundary that is not a street line.
LOT LINE, STREET : The boundary line of a lot separating the lot from the adjacent street as defined by plan or deed.
LOT THROUGH : A lot, the front and rear lot lines of which abut streets; or a corner lot two opposite lines of which abut streets.
LOT WIDTH : The horizontal distance from lot line to lot line measured parallel to the street lot line at the minimum frontyard depth required by this ordinance, provided that the distance between side lot lines or a side lot line and the opposite street lot line is not less than the minimum required lot frontage at any point within the required front yard depth.
MEMBERSHIP CLUB : A social, sports, or fraternal association or organization which is used exclusively by members and their guests and is not conducted as a gainful business.
MOBILE HOME : A dwelling unit built on a chassis, containing complete electrical, plumbing and sanitary facilities, and designed to be installed on a temporary or a permanent foundation for permanent living quarters.
MOBILE HOME PARK : Any parcel of land, under single or common ownership or control, which contains, or is designed, laid out or adapted to accommodate mobile homes.
MOTEL : An establishment including inns and motor inns, providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building but not including a boarding house, lodging house or rooming house.
OPEN SPACE : In open space residential developments, land that is -built upon and preserved in its natural state through a legal restriction or conveyance for the purposes of open space preservation or conservation and recreation requiring no structures or paving.
OWNER : The duly authorized agent attorney; purchaser, devisee, trustee, lessee, or any person having vested or equitable interest in the use, structure or lot in question.
SIGN : Any permanent structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is the nature of, an advertisement announcement, or direction, or is designed to attract the eye by any means, including intermittent or repeated motion of illumination.
SPECIAL PERMIT GRANTING AUTHORITY : The Board of Appeals or the Planning Board as designated in this ordinance for the issuance of special permits.
STORY : The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one third of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is four (4') feet or more above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if-finished and not used or intended to human occupancy.
STORY; HALF : A space intended for use for human occupancy in which the height of vertical exterior walls between the floor and intersection with rafters of a sloping roof is four (4') feet or less.
STRUCTURE : A combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent stadium, reviewing stand, platform, swimming pool, sign, shelter, pier, wharf, bin or the like.
USE : The purpose of which a structure or lot is arranged, designed, or intended to be used, occupied or maintained.
USE, ACCESSORY : Non principal uses, buildings and structures customarily incidental and subordinate to the principal permitted use of the premises occupying not over forty (40%) percent of the land or the floor area.
USE, PRINCIPAL : The main or primary purposes for which the use of land or a structure is designed, arranged, or intended, or for which it may be used, occupied or maintained.
WETLANDS : The tern wetlands as used in this ordinance shall mean wet meadows, marshes, swamps, bogs; areas where ground water, flowing or standing surface water, or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year, emergent and submergent plant communities in inland water; and/or that portion of any bank which touches any inland waters.
YARD : A portion of a lot upon which the principal building is situated unobstructed artificially from the ground to the sky, except as otherwise provided herein.
YARD FRONT : A yard extending for the full width of the lot between the front line of the nearest building wall and the street lot line.
YARD, REAR, SIDE : The space between the line, other than a street line, and the nearest wall of principal building or structure.
YARD SALE : The sale of personal property conducted on a residential lot of land or in a building thereon. The tern shall include garage sales, rummage sales or other similar sales, which are advertised by a sign or other means, for the public to attend.
FLOOD PLAIN : is defined as the relatively flat lowland which adjoins a watercourse or other body of water and which is subject to seasonal or periodic flooding by the watercourse or water body at a storm frequency of 100 years.
BASE FLOOD : also called 100-year flood, means the flood having a one (1%) percent chance of being equaled or exceeded in any given year.
FLOODWAY : is defined as the normal channel of a river or other watercourse and those portions of the flood plain adjoining the normal channel which are reasonably required to carry off the base flood and which channel and the flood plain are within a floodway area on the Flood Boundary and Floodway Maps abutting (and inclusive of) a river, brook or stream identified in Table 1 or Table 3 of the Flood Insurance Study (said maps and study referenced in §17-12.1 GENERAL).
SUBSTANTIAL IMPROVEMENT : means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either:
(a) before the improvement is started, or
(b) if the structure has been damaged and is being restored, before the damage occurred.
ABUTTERS - Owners of land having a common boundary line or point or separated by a way or a body of water not over sixty (60) feet in width, as shown on the most recent assessor's tax record.
APPLICANT OR SUBDIVIDER - Includes an owner, or his agent or representative, or his assigns.
BOARD OR PLANNING BOARD - The Planning Board of the City of Attleboro.
DEFINITIVE PLAN - Final plan of a subdivision, including all special plans and supporting material as required by these rules and regulations, the approval of which by the Board constitutes the approval of a subdivision and, when recorded in due form, confers certain rights and responsibilities on the applicant (MGL Ch. 41, Section 81L).
LOT - An area of land in one ownership with definite boundaries. Not more than one building designed or available for use for a dwelling shall be erected or placed or converted into use as such on any lot in a subdivision or elsewhere in the City without the consent of the Board.
PRELIMINARY PLAN - A plan of a proposed subdivision or re-subdivision of land submitted to the Board for its study and recommendations prior to offering a definitive plan (MGL Ch. 41, Section 81L).
PRELIMINARY SKETCH - A plan or a print of a plan of a proposed subdivision showing less information than required for a preliminary plan, and serving the same purpose of permitting a preliminary review and modification of a subdivision layout prior to incurring the costs of the final design. Unlike a preliminary plan, a preliminary sketch does not confer exemption: from zoning changes (MGL Ch. 40A, Section 6, Ch. 808, Acts of 1975).
ROADWAY OR TRAVELLED WAY - That portion of street intended for vehicular use, usually the pavement.
STREET - see "Way"
STREET, MAJOR - Street designed to accommodate a large volume of traffic; collects traffic from minor and subcollector streets.
STREET, MINOR - street designed for use by local residential and service traffic; provides access to subcollector or collector streets.
STREET, SUBCOLLECTOR - Street designed to carry traffic of adjoining residential minor streets; carries higher traffic volumes than minor streets.
SUBDIVISION - The division of a tract of land into two or more lots including resubdivision and, when appropriate to the context, relating to the process of subdivision of the land or territory subdivided, provided, however, that the division of a tract of land into two (2) or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the same time when it is made, every lot within the tract so divided has frontage on
(a) a public way or way which the City Clerk certifies is maintained and used as a public way, or
(b) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or
(c) a way in existence before February 1, 1954, and having, in the opinion of the Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting, thereon, or served, thereby, and for the installation of Municipal services to serve this land and the buildings erected or to be erected thereon. Such frontage shall be of at least such a distance as required by zoning or other ordinance. Conveyances or other instruments adding to, taking away from, or changing the size and shape of the lots in such a manner as not to leave any lot so affected without the frontage above set forth or the division of a tract of land on which two (2) or more buildings were standing when the Subdivision Control Law went into affect, into separate lots, on each of which one of such buildings remains standing, shall not constitute a subdivision (MGL Ch. 41, Section 81L).
TURNAROUND - pavement, usually circular in layout, located at the end of a dead-end street, which accommodates the turning radius of vehicles.
UTILITIES - Same as municipal services, may include water supply, sanitary sewer, storm drains, fire alarm conduits, electric and telephone wiring, gas supply piping, shade trees and other installations to provide services for buildings and their occupants.
WAY :
(a) A public way laid out and accepted by a public authority or a way which the City Clerk certifies is used and maintained as a public way, or
(b) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or
(c) a way in existence when the Subdivision Control Law became effective in the City of Attleboro, having, in the opinion of the Board, Sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. No lot shall be deemed to be served by a way to which such lot has no legal or no physical access.