ACCESSORY APARTMENT - An independent dwelling unit of five hundred (500) to nine hundred (900) square feet contained within a single-family residence. The unit shall have a separate exterior entrance, a kitchen/living room, a bathroom and a maximum of one bedroom. Either unit shall be occupied by the owner.
ACCESSORY USE - A use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. In buildings restricted to residence use, the office of a professional man, customary family occupations and workshops not conducted for compensation, shall be deemed accessory uses.
ADULT ENTERTAINMENT ESTABLISHMENT - The following uses, as defined in G.L. c.40A, §9A, shall be known as Adult Entertainment Establishments: Adult Bookstore, Adult Motion Picture Theatre, Adult Paraphernalia Store, Establishment Which Displays Live Nudity For Its Patrons, and Adult Video Store.
For purposes of this By-Law, the term "substantial or significant portion of stock in trade" shall be deemed to exist under any of the following circumstances:
a. When the cost (either wholesale or retail) of the portion of the stock in trade on hand characterized or distinguished by depicting or concerning sexual conduct or sexual excitement, as defined in G. L. c. 272, §3l, comprises more than ten percent (10%) of the total stock in trade on hand; or
b. When monthly revenues, including rentals, from such stock in trade exceeds more than ten percent (10%) of the monthly revenues from all stock in trade; or
c. When an area of more than ten percent (10%) of the floor area open to or observable by customers is wholly or partially used for the display or storage of such stock in trade; or
d. When a business with any such stock in trade fails, upon request of the Inspector of Buildings to produce accurate information to determine whether the thresholds set forth in paragraphs (a), (b) or (c) have been exceeded, there shall be a presumption that such business comprises an Adult Entertainment Establishment.
ADULT THEATER - (2008 ATM, Article 45 deleted this section)
AFFORDABLE HOUSING RESTRICTION - A deed restriction approved by the Board and Town Counsel that designates a Dwelling Unit as affordable housing pursuant to the statutory requirements of the General Laws of the Commonwealth of Massachusetts, regulations and guidelines adopted pursuant thereto by the Dept. of Housing and Community Development, as well as any applicable requirements of the Westport Zoning By-Laws and regulations promulgated thereunder and that renders the unit eligible for inclusion in the SHI maintained by DHCD or any successor agency. (2009 ATM, Article 28)
AFFORDABLE UNIT - A housing unit that by deed restriction is and shall remain permanently affordable by being available, upon sale or resale, for purchase or rent to purchasers or renters so that the unit shall count towards the Towns Subsidized Housing Inventory as maintained by the Department of Housing and Community Development.
APPLICANT - The person or persons, including a corporation or other legal entity, applying for a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/ it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.
AREA MEDIAN INCOME - Median income as reported by the most recent information from the United States Department of Housing and Urban Development and/or DHCD for the Providence-Fall River, RI-MA HUD Metro FMR Area.
AREA OF SPECIAL FLOOD HAZARD - Is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated on a FIRM as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
ASSISTED LIVING FACILITY (ALF) - A facility as defined in 651 CMR 12.02.
BASE FLOOD - The flood having a one percent chance of being equaled or exceeded in any given year.
BED & BREAKFAST (HOMESTAY) - A private owner occupied residence with one to three guestrooms. The bed and breakfast homestay is subordinate and incidental to the main residential use of the building. The home is to be the primary and legal residence of the owner, is a single-family residence, and the owner shall be responsible for the operation of the property and shall be a resident of the property when the Bed and Breakfast establishment is in operation. Individual guests are prohibited from staying at a particular bed and breakfast establishment for more than fourteen (14) days in any 30-day period.
COASTAL HIGH HAZARD AREA - An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V, V1-30, VE.
DEVELOPMENT - Any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DWELLING - A building designed or used as the living quarters for one or more families as the principal use.
DWELLING, MULTI-FAMILY - A building containing more than two dwelling units, with each unit containing its own sleeping, cooking and sanitary facilities.
DWELLING, ONE-FAMILY - A detached building containing one dwelling unit only and having two side yards.
DWELLING, TWO-FAMILY - A detached building containing two (2) dwelling units, with each unit containing its own sleeping, cooking and sanitary facilities.
ELIGIBLE HOUSEHOLD - A household whose total income does not exceed 80% of the area median income, adjusted for household size, as reported by the most recent information from the United States Department of Housing and Urban Development and/or DHCD.
FAMILY - One or more persons occupying a dwelling unit and living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
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 BOUNDARY AND FLOODWAY MAP - An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500 year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) - An official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) - 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 - 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.
FLOODWAY - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
FRONTAGE - That portion of a lot fronting upon a street or way, said frontage to be measured continuously along one street line between its side lot lines and their intersection with the street line.
FRONT YARD - A "front yard" is a required open unoccupied space, within and extending the full width of the lot, between the street line and the front of a building.
INDEPENDENT LIVING FACILITY (ILF) - A facility reserved by deed for occupancy by persons over the age of fifty-five who are able to care for themselves, but with some common facilities as described herein.
LOT - An area of land in one ownership with definite boundaries, used, or available for use, as the site of one or more buildings.
LOT AREA - The horizontal area of a lot exclusive of any area in a street or recorded way open to public use.
MANUFACTURED HOME - A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
MARKET RATE DWELLING UNIT - A Dwelling Unit available for sale or rent within a project or development at an unsubsidized price commensurate with the fair market value of said dwelling unit
MEDIAN INCOME - The area median income, adjusted by household size, reported by the most recent information from the U.S. Department of Housing and Urban Development and/or DHCD.
NEW CONSTRUCTION - Means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community. For the purpose of determining insurance rates, new construction means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.
NON-CONFORMING USE - A building or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
ONE-HUNDRED-YEAR FLOOD - See Base Flood
OPEN SPACE RESIDENTIAL DEVELOPMENT(OSRD) - A residential development of one-family and two-family dwellings in which the buildings and accessory uses are grouped together with reduced lot sizes into one or more areas. The land not included in the building lots shall be permanently protected as open space. The design of the development shall be in accordance with the four-step design process described in Article 18 of these By-Laws.
PERMIT GRANTING AUTHORITY - Shall mean the Board of Appeals.
REAR YARD - A "rear yard" is a required open unoccupied space, the full width of the lot lying between the extreme rear wall of the building and the rear line of the lot or the line of the public street or private way in case the lot borders on such street or way.
REGULATORY FLOODWAY - See Floodway
SEXUALLY-ORIENTATED BUSINESS - (2008 ATM, Article 45 deleted this section)
SIDE YARD - A "side yard" is required open unoccupied space, within the lot within a side lot line, not a street line, and the parts of the building nearest to such lot line. Such a yard shall extend for its required width from the street line or its equivalent to the rear or its equivalent to another street.
SIGN - Any structure or part thereof attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. The word sign does not include the flag, pennant or insignia of any nation, state or other political unit, or of any educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SIGN - AREA OF - The area of a free-standing sign includes all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting framework, open or enclosed, may be part of the design, but for the purposes of this By-Law shall not be considered part of the sign area unless used for lettering, wording or symbols. When the sign consists of individual letters or symbols attached to or painted on a surface, building wall or window, the area shall be considered to be that of the smallest rectangular or other regular shape which encompasses all of the letters and symbols.
SINGLE FAMILY DWELLING UNIT (NOQUOCHOKE OVERLAY DISTRICT ONLY) - A detached building containing not more than one dwelling unit.
SOCIAL SUSTAINABILITY - Design of the physical environment so as to provide, or easily to allow future adaptation to provide, full accessibility to persons with a range of physical abilities as these may change throughout their lifetime.
SPECIAL FLOOD HAZARD AREA - An area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE.
SPECIAL PERMIT GRANTING AUTHORITY - Shall include the Board of Selectmen, Board of Appeals, Planning Board, as designated by this By-Law for the issuance of special permits.
STREET - Any duly-accepted public way, any way not less than 40 feet wide shown on plan duly recorded after April 10, 1920, or any other way equivalent to a public way for the purposes of subdivision control as specified in General Laws, Chapter 41, Section 81L.
STRUCTURE - Means, for flood plain 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.
UPLAND - Land other than land classified under the Wetlands Protection Act as freshwater wetland, beach, flat marsh or swamp and land under any water bodies such as ocean, creek, river, stream, brook, pond or lake.
VISITABILITY - Dwelling units are deemed Visitable if they meet the following three criteria: zero step entrance, all doorways that are 32 inches clear, and a toilet on the first floor.
WAY - Same as Street.
ZERO STEP ENTRANCE - An entrance that has no steps, and is at grade level with the exterior grounds. The zero step entrance can be at any doorway; front, side, rear.
ZONE A - The 100-year flood plain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.
ZONE A1-30 AND ZONE AE (FOR NEW AND REVISED MAPS) - The 100-year flood plain where the base flood elevation has been determined.
ZONE AH AND ZONE AO - The 100-year flood plain with flood depths of 1 to 3 feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
ZONE A99 - Areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined.
ZONE V - A special flood hazard area along a coast subject to inundation by the 100-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined.
ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS) - A special flood hazard area along a coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined.
ZONING BY-LAWS - The Zoning By-Laws of the Town of Westport as amended. (1963 ATM, Article 38; 1964 ATM, Article 54; 1973 STM, Article 19; 1978 ATM, Article 21; 1982 STM, Article 19; 1990 ATM, Article 52; 1995 ATM, Article 43; 1998 ATM, Article 64; 2005 ATM, Article 4; 2007 ATM, Article 20; 2008 ATM, Article 45, 2009 ATM, Articles 28 & 31; 2010 ATM, Article 36)
BEDROOM : A separate room intended for, or which customarily could be used for sleeping.
DWELLING UNIT : A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.
LAND : Land, including areas covered by water.
SUBDIVISION REGULATIONS : The rules and regulations of the Planning Board relative to subdivisions.
WETLANDS : Lands subject to the provisions of M.G.L. c. 131, ss.40 and 40A.
DIVISION OF LAND : This By-Law shall apply to the division of land held in single ownership as of June 1, 2005 or anytime thereafter into ten (10) or more lots, whether said ten (10) or more lots are created at one time or are the accumulation of ten (10) or more lots created from said land held in single ownership as of June 1, 2005. This By-Law shall apply to Town of Westport Open Space Residential Development, conventional or grid divisions allowed by M.G.L. Chapter 41, Section 81-L and Section 81-U, as well as those divisions of land that do not require subdivision approval per G.L. c. 41, §81P.
MULTI-FAMILY DWELLING UNITS AND DUPLEXES : This By-Law shall apply to the construction of ten (10) or more multi-family dwelling units or duplexes, whether on one or more contiguous parcels in existence as of June 1, 2005.
EXEMPTION : The provisions of Article 13.3.1 hereof shall not apply to the construction of ten (10) or more single-family dwelling units on individual lots, if said ten (10) or more lots were in existence prior to June 1, 2005 nor to Assisted and Independent Living Facilities.
ADMINISTRATION : The Planning Board shall be the Special Permit Granting Authority (SPGA) for all special permits under this By-Law.
ACCESS : A way or means of approach to provide vehicular or pedestrian access to a property.
ACCESS CONNECTION : Any driveway, street, curb cut, turnout or other means of providing for the movement of vehicles to or from the public/private roadway network.
BEST MANAGEMENT PRACTICE (BMP) : For the purposes of stormwater management, structural or nonstructural and managerial techniques that are recognized to be the most effective and practical means to prevent or reduce non-point source pollution from entering receiving waters.
CROSS ACCESS : A service drive providing vehicular access between two or more contiguous sites so that the driver need not enter the public street system.
DRIVE-THROUGH FACILITY : A commercial facility that provides a service or delivers a product directly to a motor vehicle (including, but not limited to, quick lube facilities and drive-through car washes); or to the occupants of the vehicle, without requiring them to leave the vehicle (including, but not limited to fast food restaurants and drive-through automatic teller machines). This definition does not include the selling of fuel at a gasoline filling station or the accessory functions of a car wash facility such as vacuum cleaning stations.
DRIVEWAY/CURB CUT SPACING : The distance between access connections, as measured from the closest edge of pavement along the public/private roadway.
FAST FOOD RESTAURANT : Any restaurant serving the majority of its food in disposable containers, packages, or other similar wrapping, for consumption on or off the premises.
JOINT ACCESS (OR SHARED ACCESS) : A driveway or other Access Connection connecting two or more contiguous lots to the public/private street system.
LOT, CORNER : Any lot having at least two (2) contiguous sides abutting upon one or more streets, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five (135) degrees.
WIND ENERGY FACILITY : All equipment, machinery, and structures, whether underground, on the surface, or overhead used to collect, transmit, distribute, store, supply, or sell energy derived from wind, including but not limited to wind turbines (rotors, electrical generators and towers), anemometers (wind measuring equipment), transformers, substations, power lines, control and maintenance facilities, and site access and service roads.
WIND ENERGY FACILITY, COMMERCIAL : A Wind Energy Facility that has a rated capacity of more than 60kw.
WIND ENERGY FACILITY, NON-COMMERCIAL : A Wind Energy Facility that has a rated capacity of less than or equal to 60kw.
SHARED WIND ENERGY FACILITY : A Wind Energy Facility that serves multiple properties held under separate ownership.
WIND TURBINE : A device for converting wind energy to mechanical, electrical or another form of energy.
TOWER : The monopole, freestanding, or guyed structure that supports a wind turbine.
METEOROLOGICAL TOWER (MET TOWER) : Meteorological tower (Met Tower): Includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
TOWER HEIGHT : The vertical distance from ground level to the highest point of the tower.
TOTAL HEIGHT : The vertical distance from ground level to the tip of a Wind Turbine blade when it is at its highest point.
DEVELOPMENT : Any project applied for and/or approved pursuant to Article 19 of the Zoning By-Laws.
APPLICANT. The person who applies for the approval of a plan of a subdivision or his administrators, executors, heirs, devisees, successors, and assigns. The applicant shall certify that he is the owner of all the land included in the proposed subdivision.
BOARD . The Planning Board of the Town of Westport.
FINAL APPROVAL . Approval by the Board of a definitive plan of a subdivision
LAND COURT. The appropriate District of the Bristol County Land Court.
LOT . An area of land in one ownership, with definite boundaries, used or available for use, as the site of one or more buildings, even if the area of land shows on the assessor's maps or other documents as being composed of several lots. A lot within a subdivision shall mean any area of land with boundaries recorded or to be recorded without any interior division.
OWNER. The owner of record as shown by the records in the appropriate district of the Bristol County Registry of Deeds or Bristol County Land Court.
PERSON . An individual, two or more individuals, a partnership, association or corporation.
SECONDARY ROAD. A dead end secondary road* which is to serve a total of four or fewer buildable lots for dwelling units and which is bound by covenant that said street may not be presented to the Town for acceptance.
*Per Article 61, 1986 Annual Town Meeting.
RESIDENTIAL STREET. A street which provides frontage for lots and may, in the opinion of the Board, carry a light volume of traffic from other residential streets to a Collector.
COLLECTOR STREET . A street which, in the opinion of the Board, is being used or will used to collect traffic from two or more streets or will carry a heavy volume of traffic.
REGISTRY OF DEEDS. Appropriate District of the Bristol County Registry of Deeds.
ROADWAY OR TRAVELED WAY. The portion of a street intended for vehicular use.
SELECTMEN. The Selectmen of the Town of Westport. Street Public. A way maintained by the Town of Westport.
STREET PRIVATE. A way not maintained by the Town of Westport. Subdivider. The person undertaking the subdivision of land.
SUBDIVISION. "Subdivision" shall mean the division of a tract of land into two or more lots and shall include re-subdivision, and, when appropriate to the context , shall relate to the process of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided has frontage on (a) a public way or a way which the clerk of the city or town 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 (c) a way in existence when the subdivision control law became effective in the city or town in which the land lies, having, in the opinion of the planning board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the 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. Such frontage shall be of at least such distance as is then required by zoning or other ordinance or by-law, if any, of said city or town for erection of a building on such lot, and if no distance is so required, such frontage shall be of at least twenty feet. Conveyances or other instruments adding to, taking away from, or changing the size and shape of, 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 or more buildings were standing when the subdivision control law into effect in the city or town in which the land lies into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision.
This definition will be automatically amended as changes to the General Laws, Chapter 41, Section 81-L are adopted.
SUBDIVISION CONTROL LAW . Sections 81 K to 81 GG, inclusive, of Chapter 41 of the General Laws, and acts in amendment thereof, in addition thereto for in substitution therefor.
SUPERINTENDENT OF STREETS . The highway surveyor of the Town of Westport or that town agency charged with the supervision of streets, roads, and highways
WETLANDS . Any Fresh or Salt water area defined in Section IV, E.