Glossary forDanvers, Essex County, MA

GROUND COVER : Plant material, which normally reaches a maximum height of not more than twelve (12) inches.

LANDSCAPED AREA : Any land set apart for landscaping material.

LANDSCAPING MATERIAL : Any of the following or a combination thereof such as but not limited to: grass (turf), ground cover, shrubs, vines, hedges, trees, annuals, perennials or similar living materials and other materials such as rocks, fences and walls.

NATURAL AREA : An area containing natural vegetation, which will remain undisturbed when the property is fully developed.

SHRUB : A bushy, woody plant, usually with several permanent stems, and usually not over ten (10) feet in height at its maturity.

TREE : A self-supporting deciduous or evergreen plant normally fifteen (15) feet or more in height at maturity. Trees include conifers, shade and ornamental.

UNDERSTORY PLANTING : The plant material such as turf, ground cover or low-growing shrubs that cover the ground area under a tree in a landscaped area.

LANDSCAPED GREEN BUFFER : a landscaped area, located parallel to the property line or within the required setback of a lot, serving as a year round visual separation / screen that may be existing, constructed, or a combination thereof. Green buffering shall be utilized to soften the visual impact of buildings, parking areas, loading docks, trash disposal area, exterior storage, and other areas associated with or generated by a particular development as viewed from a public right-of-way, residential properties, and the principal entrances of buildings on abutting lots.

EXTENDED FAMILY LIVING AREA (EFLA) : an area contained within an owner occupied single-family dwelling unit that maintains internal access and circulation to the dwelling unit, restricted to extended family members, consisting of provisions for bathing, cooking and sleeping. The inclusion of an EFLA within, attached or detached to a single family dwelling unit does not constitute a two-family. Furthermore, internal walls and doors, for purposes of privacy, and additional means of access / egress are not precluded. The EFLA shall be ancillary / subordinate in size, location and function to the dwelling unit.

EXTENDED FAMILY MEMBER : related by blood, marriage, or adoption to the owner of the property, or to the owners spouse, or persons providing nursing or domiciliary care

STORAGE CONTAINER : A fully enclosed, detached, self supporting structure, of any type of construction or material, , not having a foundation, electricity, plumbing, or other mechanical systems and utilized for temporary storage of any kind. Storage containers shall include, but not limited to the following: any truck, the trailer portion of a tractor trailer vehicle, storage container box, portable warehouse, box trailer, whether registered or not in accordance with M.G.L Chapter 90 or in accordance with the laws of any other state.

TEMPORARY BY-RIGHT : A maximum of two (2) such containers per calendar year shall be allowed on any property by right each for a period not to exceed thirty (30) consecutive calendar days, in accordance with Section 9.4.4.

LONG TERM In cases where more than two (2) containers are requested for one property at one time, requested more than once per calendar year or for a period in excess of thirty (30) consecutive calendar days for an individual container, a site Plan Approval, in accordance with Section 4 of this by-law and sub-section 9.4.4, shall be obtained.

HOME OCCUPATION - any business, occupation, or activity undertaken for financial gain in, or directed from, a residential dwelling unit by individuals residing within said dwelling unit, that is incidental and secondary to the dwelling unit.

MINOR HOME OCCUPATION - A home occupation with no nonresident employees or independent contractors, working on site, and no more than one (1) business transaction at one time and no more than eight (8) business transactions per day

(1) The following minor home occupations are allowed by right. It should be noted that list is for informational purposes only and is not intended to be all inclusive.

i. Professional Office: Any generally accepted professional or office type occupation, including but not limited to accountants, appraisers, architects, attorneys, real estate agent, contractor, insurance broker, mortgage broker, financial advisor, journalist, consultant (all types)

ii. Personal and Professional Service: computer programming, cosmetologist, barber, dietitian, direct distribution (Avon, Tupperware), mail order, photography

iii. Instructional Service: educational tutoring, music, art, cooking, dance, drama lessons

iv. Home Artisan Business: artists studios, dress making, engraving, sewing, tailor

v. Small Item Repair Service: locksmith repair, watch repair, small hand tool repair, shoe repair, computer / electronics repair

MAJOR HOME OCCUPATION - A home occupation located within an owner occupied single family or two-family dwelling structure, with no more than two (2) non-resident employees, no more than (2) business transactions per hour, by appointment only, and no more than sixteen business transactions per day.

BUSINESS TRANSACTION - a physical presence between parties (opposed to electronic/ audio or video) consisting of an exchange or transfer of goods, services or funds, which exceeds thirty minutes in time. For purposes of this bylaw, the term parties is not defined by a specific number of persons or vehicles.

PROHIBITED HOME OCCUPATIONS : The following home occupations are prohibited:

a. Medical offices, including doctors, dentists, chiropractors, and veterinarians

b. Tanning salons, tattoo parlors

c. Auto repair, appliance repair, small engine repair and similar large item repair

d. Manufacturing of all types and forms

ADULT USES : A business, including Adult Bookstores, Adult Motion Picture Theaters, Adult Paraphernalia Stores, Adult Video Stores and any other business which display live nudity located in a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock in trade or other matter or materials for sale, rental, distribution or exhibition, which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31. For purposes of this bylaw, each of the businesses defined, as an adult use herein shall constitute a separate adult use business even if operated in conjunction with another adult use business at the same establishment.

ADULT BOOKSTORE : A business having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, pictures and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.

ADULT MOTION PICTURE THEATER : An enclosed building or outdoor venue used for public uses, for presenting material (motion pictures, films, video cassettes, cable television, slides, DVDs or any other such visual or electronic media) distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.

ADULT PARAPHERNALIA STORE : A business having as a substantial or significant portion of its stock in devices, objects, tools, toys or electronic media which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.

ADULT VIDEO STORE : A business having a substantial or significant portion of its stock in trade (for sale or rent) motion pictures, films, video cassettes, DVDs and other film material or similar audio/visual media and electronic media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.

BUSINESSES WHICH DISPLAY LIVE NUDITY : A business offering activities or goods or providing services where employees or entertainers are engaging in full or partial nudity, sexual conduct or sexual excitement as defined In MGL Chapter 272 Section 31.

NUDITY as defined in M.G.L. c. 272, S. 31

SEXUAL CONDUCT as defined in M.G.L. c. 272, S. 31

SEXUAL EXCITEMENT as defined in M.G.L. c. 272, S. 31

SUBSTANTIAL OR SIGNIFICANT PORTION OF STOCK : Used within this bylaw shall mean any of the following:

a. 20 percent or more of the business square footage, inventory or stock of merchandise for sale, rental, distribution, or exhibition during any period of time;

b. 20 percent or more of the annual number of gross sales, rentals, or other business transactions; or

c. 20 percent or more of the annual gross business inventory; or

d. 20 percent or more of the hours during which the establishment is open

BUSINESS : The term business, used within this bylaw, refers to certain types of goods and services.

ASSISTED LIVING RESIDENCE-ALR : Any residential development owned and operated by an entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:

1. Provides room and board; and

2. Provides directly by employees of the entity or through arrangements with another organization, which the entity may or may not control or own, assistance with the activities of daily living for three (3) or more adult residents who are not related by consanguinity or affinity to the care provider; and

3. Collects payments or third-party reimbursements from or on behalf of residents to pay for the provisions of assistance with the activities of daily living or arranges for the same; and

4. Is eligible for certification as an Assisted Living Residence by the Executive Office of Elder Affairs pursuant to MGL Chapter 19D and all other applicable requirements.

5. This definition shall not include any other forms of group living quarters, such as; group foster care, group homes, single room occupancy residences, rooming or lodging houses and other similar facilities as listed in Commonwealth of Massachusetts Regulations (651 CMR 12.01).

ACCESSORY BUILDING / STRUCTURE : A subordinate detached building located on the same lot with the main building, occupied or devoted to an accessory use.

ACCESSORY USE : The use of a building or premises for purposes incidental to a principal use permitted as a right or by special permit and customarily found in connection therewith and located on the same lot as the principal use.

Residential - in accordance with Section 9, Table of Uses and all applicable definitions

Commercial / Industrial / Institutional - on-site employee cafeterias, structured parking garages (per Table of Uses), and indoor / outdoor recreational / entertainment / sports facilities.

ADULT USE : see Chapter 30

AGRICULTURE / FARMING RESIDENTIAL : Land and buildings on a single family residential parcel, engaged in farming / agriculture in all of its braches (horticulture, viticulture, floriculture) and the cultivation and tillage of the soil as an accessory use, excluding the sale of any products.

ANIMAL HOSPITAL / VETERINARY CLINIC : A facility under the control of a licensed veterinarian where sick or injured animals are given medical or surgical care and boarding is limited to short term care incidental to the hospital use. .

ANIMAL HUSBANDRY - RESIDENTIAL : the raising and keeping of animals, as an accessory use to a single family dwelling, where all accessory uses, such as barns, pens, cages, water / feeding stations and waste storage / disposal areas shall be located at least fifteen (15) ft. from an abutting residential lot line.

By-right: small animals (less than 15 pounds), including but not limited to ducks, geese, pigeons, chickens and rabbits, provided that:

the total number of animals does not exceed fifteen (15) on lots of 20,000 sq. ft. or smaller; on lots larger than 20,000, one additional animal is allowed for each 2,000 sq. ft. beyond the initial 20,000 sq. ft.

Special permit:

the total number of animals exceeds fifteen (15) larger animals (more than fifteen (15) pounds), including but limited to cows, pigs, sheep, turkeys and goats

ASSISTED LIVING RESIDENCE-ALR : see Specialized Elderly Housing & Care

BASEMENT / CELLAR : A portion of any building with walls more than 50% below grade, and areas having less than six feet floor to ceiling height

BOARDING, ROOMING, LODGING OR TOURIST HOUSE : A structure or portion thereof arranged or used for lodging with or without meals for compensation by three (3) or more lodgers or boarders, provided that the structure is residential in character. This definition shall not include hotels, motels or inns.

BY-RIGHT :

No more than two (2) rooms are rented

No more than three (3) persons occupying the rented rooms

Separate kitchens facilities are not provided

Special Permit:

More than three (3) persons occupying the rented rooms

Separate kitchen facilities are not provided.

BOAT YARD : Land and buildings or portion thereof used for the sales, storing, building, repairing, servicing and launching of boats and ships for commercial purposes.

BUILDING : An independent structure resting on its foundations and designed for the shelter or housing of persons, animals, chattels or property of any kind.

BUILDING, HEIGHT : A vertical distance measured from the existing base elevation, at the time of the building permit application, to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. The grade plane is a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest point within the area between the building and the lot line or, where a lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building. For the purpose of the Bylaw, the following shall be restricted to a maximum height of twelve (12) feet above the roof line of a building: chimneys, radio and television antennae, wireless communication link (except as regulated in specific districts in the Zoning Bylaw), flagpoles, mechanical equipment, stairwells, and structures which are strictly ornamental in nature. Spires associated with religious buildings shall be exempt from this provision.

BUILDING INSPECTOR : (see Inspector of Buildings)

CAMP OR CAMPGROUND : Land on which is located a cabin, travel trailer, shelter, houseboat or other recreational accommodation for seasonal or temporary living, excluding mobile homes.

CEMETERY : Property used for interring the dead.

CLUB / FRATERNAL ORGANIZATION (NON PROFIT) : A facility owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose, operated in accordance with the following:

Not open to the public where food and beverages are served.

All activities are contained within the structure with the exception of outdoor recreational activities which do not involve motorized vehicles.

Horse showing, livestock shows or dog shows are prohibited.

Outdoor electric amplification is prohibited.

COMMON / SHARED DRIVEWAYS : Any drive, right-of-way or private way which provides access to two lots but which does not qualify as a street for determining frontage under Chapter 40A and 41 of the M.G.L.

CONGREGATE AND INDEPENDENT HOUSING FOR THE ELDERLY : SEE SPECIALIZED ELDERLY RESIDENCE & CARE

CONGREGATE LIVING FACILITY FOR THE ELDERLY : SEE SPECIALIZED ELDERLY RESIDENCE & CARE

CONTRACTORS STORAGE YARD : A site upon which heavy vehicles and equipment (such as bulldozers, front-end loaders, and back-hoes) and materials used by professional contractors in construction, land clearing, landscaping or other similar activities including earthen material, demolished material ands asphalt.

CONVENIENCE STORE : A retail establishment for the sale of prepackaged food products & household items, including carryout items such as, milk, beverages, cigarettes, coffee and grocery items; which may be open extended hours; and operates in a manner which results in rapid turnover of customers.

DEPENDENT DWELLING UNIT : A dwelling unit within a building other than in a congregate living facility, which consists of one or more rooms in addition to its own bath, toilet facilities, kitchen, and dining area, and which is designed for occupancy by at least one (1) person fifty-five (55) years of age or older.

DEVELOPMENT OR LAND DEVELOPMENT : The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land. Access permits are considered proposals for land development. Development does not include the following:

1. work by a highway or public works department or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the right-of-way;

2. work by a public utility maintaining, installing, or building mains, pipes, cables, tunnels, power lines, towers, poles, tracks, etc.;

3. work conducted entirely on the interior of a structure;

4. a change in the ownership or form of ownership of any property;

5. the creation or termination of rights of access, easements, or covenants;

6. planting of landscaping materials

DWELLING : Any structure used in whole or in part for human habitation, exclusive of a trailer or mobile home, however mounted.

DWELLING - CONVERSION : see Section 30.2.4

DWELLING - SINGLE FAMILY : A building or structure containing not more than one (1) dwelling unit intended or designed to be occupied by one (1) family.

DWELLING - TWO FAMILY : A building or structure containing two (2) dwelling units intended or designed to be occupied by two (2) families.

DWELLING - MULTIPLE FAMILY : A building or structure containing three (3) or more dwelling units intended or designed to be occupied by three (3) or more families, in accordance with the following provisions:

No more than one dwelling unit shall be located above another

No more than one-third of the gross living area shall be below the grade of the surrounding land

Each unit shall have a minimum of two (2) exposures an exposure shall be a vertical wall containing one (1) or more areas of glazing and measured not less than six (6) linear feet.

DWELLING UNIT : One (1) or more rooms arranged, intended or designed to be occupied by one (1) family and to provide complete facilities for living, sleeping and eating.

EXTENDED FAMILY LIVING AREA - see section 9

ERECTED - SIGNS : The word erected shall include the word attached, built, constructed, reconstructed, altered, enlarged, moved, painted, and posted.

ESTABLISHMENT : A place of business with its furnishings and staff.

FARM STAND : A structure and associated land used for the retail sale of agricultural and garden products in which more than 50% of the products are raised or produced on premises by the owner or lessee of the land. The sale of decorative products such as flower arrangements and seasonal products (trees and wreaths) shall be permitted. Where at least one ingredient is raised or produced on the premises, bakery items may also be sold. On parcels containing ten (10) or more contiguous acres, items customarily associated with agriculture / garden product, such as but not limited to handtools, fertilizer, soil, peat moss, pesticides may also be sold.

FAMILY : Any number of individuals related by blood, marriage or adoption living together in one (1) dwelling unit as a single housekeeping unit, but not including more than four (4) persons living together unrelated by blood or marriage.

FLOOD PLAIN : An area, usually a relatively flat or low land area adjoining a river, stream, water course, ocean bay or lake, which has been in the past, or can reasonably be expected in the future, to be covered by flood.

FLOOD PLAIN DISTRICTS : Special districts which are subject to the regulations of this section, in addition to the regulations of the by-law which would otherwise apply to these areas.

FLOODWAY : That portion of a stream channel, possibly including adjacent flood plains, which is required to be kept clear of obstructions to the flow of floodwaters during the base flood. Floodways are portions of the Flood Plain Districts which are subject to additional requirements.

FLOOR AREA : The sum of the total area of all floors enclosed by the exterior walls of a building.

FLOOR AREA RATIO : Gross floor area of all buildings on the lot or PDA measured in square feet, divided by the total square footage of the lot or Planned Development Area (PDA).

FRONTAGE : The number of continuous linear feet of a lot which abuts a street.

FUEL STORAGE : Bulk storage of fuel, natural gas, propane, gasoline, or any petroleum based products to be used for off site distribution. Fuel storage includes above ground tanks, below ground tanks, and storage within fuel trucks parked on site [clarify storage in trucks].

FUNERAL HOME : A building, whose exterior appearance is residential in nature, or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services necessary for the preparation of the dead for burial, (b) the performance of autopsies and other surgical procedures, (c) the storage and sale of caskets, funeral urns, and other related funeral supplies, (d) the indoor storage of funeral vehicles, (e) facilities for cremation.

GARAGE - RESIDENTIAL : A fully enclosed accessory structure, located on a residential property, for the storage of no more than three (3) motor vehicles, not to exceed a maximum size of 40' in width and 30' in depth.

GARDEN/ LANDSCAPE / NURSERY SUPPLY : A retail business or commercial activity concerned with the sale of tools, small equipment, plants and related goods used in gardening or farming. Related goods are defined as only those used on the plant or in its soil to preserve the life and health of the plants sold (e.g., fungicides, peat moss and mulches).

GRADE : The rate of change in elevation of the surface of the land, as measured in feet of vertical change per one hundred (100) feet horizontal, or percent. (One (1) foot vertical change per one hundred (100) feet horizontal is equal to a one percent (1%) grade.)

GROSS FLOOR AREA : The sum of the horizontal areas of the several floors of all buildings on the same lot, measured from the exterior face of exterior walls (or from the centerline of a wall separating two buildings), including elevator shafts and stairwells at each floor and interior balconies and mezzanines, but not including interior vehicle parking and locating areas, cellars with walls more than 50% below grade, and areas having less than six feet floor to ceiling height

GROSS LEASABLE FLOOR AREA : This area shall only include the area used for the public display and sales of goods and services, as well as accessory offices, customer / patron assembly / waiting areas, but shall exclude areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.

HEALTH CARE FACILITY : A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, such as a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, extended care facility, skilled nursing home, nursing home, intermediate care facility, physical therapy, tuberculosis hospital, chronic disease hospital, maternity hospital, out-patient clinic, dispensary and home health care agency. Excluded are health clubs, gymnasiums, exercise clubs, diet centers and other similar facilities as a principal use.

HOME OCCUPATION : see Section 9 of this bylaw

HOSPITAL : An institution, operating 24 hours, seven days a week with licensed beds and / or an emergency room providing primary health services and medical or surgical care to persons, inpatients and outpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities. For purposes of the Industrial II district, a hospital shall be located on a parcel equal to or greater than 25 acres that abuts a federal or state highway or interchange.

HOTEL, MOTEL OR INN : A building intended and designed for transient or overnight occupancy divided into separate units, each having its own bathroom, within the same building offering accessory services oriented primarily to their overnight guests including function rooms, conference space, limited restaurants, and limited shops.

IMPERVIOUS SURFACE : Those areas of the lot dedicated to structures, structured parking facilities, surface parking areas and driveways.

INSPECTOR OF BUILDINGS : The duly authorized building department administrative chief responsible for the enforcement of this by-law hereinafter referred to as "Building Inspector."

JUNK / SALVAGE / WRECKING YARD : A site or facility used for the collection, storage, salvage, disposal, dismantling, processing, recycling, sale, or resale of waste materials, including paper, rags, cloth, metal, glass, batteries, rubber, parts from old or damaged motor vehicles and equipment, and other discarded goods and materials. These materials are generally, but not necessarily, stored in the open air or under a roofed structure rather than within a fully enclosed building.

KENNEL : One (1) pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection or more than three (3) dogs three (3) months old or over, owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.

LANDSCAPING : see Section 4.10.2 of this bylaw for detailed definitions

LANDSCAPED AREA : An area of a parcel that has a pervious surface with vegetative cover; for the express purpose of calculating lot coverage as mentioned in this by-law, no more than fifty percent (50%) of the area of a Resource Area as defined in Chapter 131.40 of the Wetlands Protection Act, and amendments thereto, and Chapter XXVI of the Town of Danvers Wetlands Protection By-Law as most recently amended within the parcel boundaries, and/or the area(s) designated for detention/retention of stormwater drainage shall be used in such calculation.

LANDSCAPED BUFFER : A designated area required per the Dimensional Table, located adjacent to a lot line, within a setback, along a foundation of a structure or adjacent to a Residential District that consists of landscaping necessary to achieve the desired level of buffering between various land use activities.

LOCAL INSPECTOR : The duly authorized inspector who shall assist the Inspector of Buildings in the performance of his duties and enforcement of this by-law hereinafter referred to as Building Inspector.

LOT : A single area of land in one (1) ownership defined by metes and bounds or boundary lines in a recorded deed or on a recorded plan.

LOT AREA : That land enclosed by the lot lines.

LOT - CORNER : A lot at the junction of and fronting on two (2) or more intersecting streets.

LOT COVERAGE - BUILDING : That area expressed as a percent of the total lot area, covered by principal and accessory structures.

LOT COVERAGE - IMPERVIOUS SURFACE : That are expressed as a percent of the total lot area, covered by structures, parking areas and driveways.

LOT LINE : A line which separates one (1) or more lots or a lot and a street.

(1) Lot Line (front): The lines separating a lot from the right-of-way of a street.

(2) Lot Line (rear): Any lot line which is not a front or side lot line.

(3) Lot Line (side): Any line which separates a lot from another lot and which intersects a front lot line or another lot line within thirty (30) degrees of parallel to it, except for a front lot line.

LOT SHAPE FACTOR : Any new lot created shall not be so irregularly shaped or extended that the square of the perimeter (as measured in feet) exceeds twenty-two (22x) the gross lot area (expressed in square feet), except for those lots having twice the required frontage and / or twice the required lot size.

MANUFACTURING, LIGHT (LIMITED TO THE HATHORNE WEST DISTRICT ONLY) : The assembly or packaging of product(s) that (1) Do not require any smelting or chemical reduction processes, (2) Have a decibel level of fifty-five (55) or below perceptible from one hundred (100) feet from the structure, and (3) Is non-nuisance in character as per Section 32.14 of this by-law. It shall exclude machine shop, sheet metal, plating and painting shops.

MANUFACTURING, LIGHT : Fabrication, assembly, processing, or packaging operations employing only electric or other substantially noiseless and inoffensive motor power. Could include production of clothing, but not of cloth; production of packages, but not of paperboard; production of small machinery, but not of steel. All power and processes shall be free of disturbing agents, such as odors, gas, fumes, smoke, cinders, heat, vibration, excessively bright lights, and electromagnetic radiation.

MARINA : A commercial or organizational use of an arrangement of floats moored in the water and so arranged that boats can be tied up to the floats, and buildings and structures for the servicing of the boats.

MECHANICAL PENTHOUSES : The non-habitable structure on the roof of a building less than one-half the projected area of the roof, housing mechanical and electrical equipment.

MOBILE HOME : Any vehicle or object which is drawn by or used in connection with a motor vehicle and which is so designed and constructed or reconstructed or added to by means of accessories as to permit the use and occupancy thereof for human habitation, whether resting or wheels, jacks, or other foundations. It shall include the type of vehicle commonly known as a mobile home containing complete electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters.

MOBILE HOME PARK : An area of land on which one or more mobile homes or trailers are placed for occupancy.

MOTOR VEHICLE : Any vehicle self propelled by a battery powered, electric or internal combustion engine, which are permitted and requires a valid registration legally issued by a governmental authority in order to be operated on a public way. A motor vehicle shall include, but not be limited to automobiles, trucks, buses, motor-homes, motorized campers, motorcycles, motor scooters, tractors.

MOTOR VEHICLE SALES : The use of any building, land area or other premises for the display and sale of new or used motor vehicles, including any warranty repair work and other repair service conducted as an accessory use.

MOTOR VEHICLE SERVICE / REPAIR / FILLING (GAS) STATION : An establishment which provides any combination of the following:

Servicing, repair, rebuilding or reconditioning of motor vehicles or parts thereof, including but not limited to engine tune-ups, oil and filter changes, lubrication, brake repairs, tire changing, battery charging, and carburetor cleaning, collision service.

Retail sales of gasoline or other petroleum products or fuels.

Retail sales of motor vehicle accessories in conjunction with the services provided

Accessory retail sales of convenience items such as pre-packaged foods / beverages

MOTOR VEHICLE (CAR) WASHING STATION : an establishment providing washing, waxing, / polishing and detailing of vehicles, including self-service, automated and manned facilities.

MUNICIPAL FACILITIES : Municipally-owned facilities utilized in the provision of services normally provided by municipalities, such as schools, parks (including related banquet facilities operated by the Town of Danvers), playgrounds, municipal office buildings, and the like.

NEIGHBORHOOD STORE : A store in a residential district in which merchandise is sold for the convenience of the families living in its immediate neighborhood, such as groceries, toilet articles, cosmetics, candy, patented medicines, drugs on prescription, newspapers, magazines and ice cream, and limited in every respect to indoor as against outdoor sales.

NONCONFORMING LOT : A recorded lot which does not conform to the dimensional requirements for the use of a building, structure or land in the district in which it is located, but which lot existed at the time of the adoption of the dimensional requirement with which it does not conform.

NONCONFORMING USE : A use of a building, structure or land not permitted by the zoning by-law which use was in existence at the time of the adoption of the by-law provision with which it does not conform.

NURSING HOME : see Specialized Elderly Residence & Care

OPEN SPACE : The creation of usable open space for passive recreation, preservation of scenic areas or views, preservation of natural resources, contribution to a network of open space as part of the Danvers Open Space and Recreation Plan, or other similar uses.

OFFICE : A building in which work of a predominantly administrative, professional, or clerical nature is performed. An office is generally furnished with desks, tables, files, computers, and office and communications equipment. Office work may involve general management, bookkeeping, accounting, telephone sales, research and development, software development, information transfer, and telecommunications. There is no walk-in retail consumer sales nor services nor production/manufacture of any physical products for sale. An office may also be an accessory use to a principal use such as a retail store or factory. Office excludes Medical; Office, Professional (see those definitions).

OFFICE, MEDICAL : A facility providing on site mental and physical health care on an out-patient basis. Practitioners may include physicians, nurses, dentists, chiropractors, psychologists, mental health counselors, and other such similar health care professionals.

OFFICE, PROFESSIONAL : A building housing professionals such as lawyers, architects, engineers, surveyors, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise (other than limited incidental merchandise) exists.

OPEN SPACE : The space on a lot unoccupied by buildings or structures, unobstructed to the sky by man-made objects other than walks, swimming pools, and terraced areas, not devoted to streets, driveways, off-street parking or loading spaces and expressed as a percentage of total lot area.

OPEN SPACE - USABLE : Areas left substantially in a natural state or improved to serve as active and / or passive recreation, excluding areas deemed to be unsuitable due to excessive slopes or poor drainage.

PARKING (AT GRADE) : Those portions of the lot dedicated to the outdoor parking of automobiles at grade level.

PARKING (STRUCTURED) : Any combination of materials assembled, constructed, erected or maintained at a fixed location and placed permanently or temporarily in or on the ground, serving as an accessory use for the purpose of the parking of automobiles and the like.

PARKING LOT : An off-street area, other than a street or public way, serving as an accessory use for the parking of automobiles and available to the public as an accommodation for clients, customers, or employees.

PASSENGER TRANSPORTATION TERMINAL : A building or structure intended solely for the shelter and services necessary for passengers of mass transportation.

PERSONS : An individual, corporation, society, association, partnership, trust or other entity, public or private.

PERFORMING / CULTURAL / ARTS FACILITY : a building or institution engaged in the performance or exhibition of performance and / or visual arts including but not limited to such facilities as art galleries, museums, theaters and concert halls.

PERSONAL RETAIL SERVICE ESTABLISHMENT : The sale rental, or repair of goods and/or provision of services including: aesthetician, barber shops, beauty shops, caterer, dry cleaner, film developing and printing, florist, laundering shoes, pet grooming, shoe cleaning or repair, travel agency, tailors, and other businesses providing similar services of a personal nature.

PREMISES : A lot together with all buildings, structures and uses thereon.

PLANNED DEVELOPMENT AREA (PDA) : A comprehensive land development project planned by the applicant with a single site plan. A PDA is designed to accommodate, within a carefully controlled process, a mixture of land uses, usable open spaces, variety in building types and siting, and the preservation of significant natural features.

PUBLIC UTILITY BUILDINGS : Buildings associated with electrical, gas, steam, water, communication systems, properly licensed and their appurtenances. Provided, however, that no more than twenty-five percent (25%) of the floor area of the structure is devoted to office space or non-essential functions.

RECREATIONAL VEHICLE : A boat, boat trailer, camping trailer, motorized camper, motor home, skimobile or similar vehicle used for the purpose of recreation.

RECORDED : Recorded or registered in the Essex County Southern District Registry of Deeds or registered in the Land Court or the record title to a parcel of land disclosed by all pertinent public records.

REFUSE : All garbage, waste paper and paper boxes, tree brush and vine cuttings, floral decorations, tin cans, metalware, bottles, glassware, plasticware, ashes, newspapers, paper cartons, wooden crates and discarded metal objects, or any combinations of the above materials.

RESEARCH & DEVELOPMENT FACILITY : A laboratory which engages in research, experimental and testing activities, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine, and physics. Some production is allowed, but the primary function will be research.

ROOFLINE : The intersection of the exterior wall and the roof

RECREATION / ENTERTAINMENT / SPORTS FACILITY (INDOOR) : A commercial establishment, enclosed by walls and a roof, engaged in activities including but not limited to , restaurants with entertainment licenses, arcades and related electronic/video activities, swimming pools, bowling alleys, court games, skating rinks, ball games/practice, golf, health clubs and gymnasiums. This definition does not include screen cinemas.

RECREATION / ENTERTAINMENT / SPORTS FACILTY( OUTDOOR) : An open air commercial facility devoted to activities including but not limited to campgrounds, ballfields, miniature golf, driving ranges, archery ranges, paint ball, sports arenas, amusement parks, skating rinks, swimming pools, tennis courts, cross country ski centers, and water slides. It does not include facilities with individual motorized vehicles such as go carts, race cars, or shooting ranges.

REPAIR SERVICE ESTABLISHMENT : Any building wherein primary occupation is the repair and general servicing of appliances, tools, and other small machinery common to use in homes or businesses, but not including automotive repair or automobile service stations; or any place wherein the primary occupation involves manufacturing.

RESTAURANT : An establishment which, as a primary use, sells in a retail manner, food, beverages, or confections in a ready-to-consume state. This shall include Fast food, Take-Out, and Drive-Through Restaurants, as further defined below:

RESAURANT - FAST FOOD : Any establishment primarily for the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to consume state intended for large volume with consumption on or off the premises which, because of the nature of the operation, causes a large volume or frequent turnover of customers.

RESTAURANT - TAKE OUT : : A restaurant which sells pre-packaged, ready-to-consume foods, beverages, or confections, and which serves its products in such a manner as to encourage off premises consumption; regardless of whether or not facilities are provided for on-premises consumption. Identifying characteristics include:

(a) The facilities for on-premises consumption of the food are insufficient for the volume of food sold in the establishment.

(b) Food and beverages are served in disposable or edible containers and customers are furnished with or are entitled to receive disposable utensils, napkins, or other implements needed for off-premises consumption.

RESTAURANT - DRIVE-THROUGH : Any establishment primarily for dispensing or serving of prepared food or beverages intended for large volume or fast service with consumption on or off the premises which, because of the nature of the operation, causes a large volume or frequent turnover of customers and / or vehicular traffic.

RETAIL : a business primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption.

SCHOOL - EDUCATIONAL (NOT EXEMPT) : A public or private establishment giving educational instruction,

SCHOOL - INSTRUCTIONAL : Studio for professional work or teaching of the arts and crafts, including, but not limited to, music, dance, theater, and illustration/ painting/ modeling.

SCREEN CINEMA : A facility for the viewing of motion pictures or films. This term includes movie theaters.

SELF-STORAGE OR MINI WAREHOUSE : A building consisting of individual, self-contained units that are leased or owned for the storage of business supplies and household goods. Business goods are limited to those not associated with any office, retail or other business or commercial use within the self-storage warehouse facility.

SENIOR HOUSING : see Specialized Elderly Residence & Care

SETBACK : The minimum horizontal distance between a front, side, or rear lot line and any building or structure unless otherwise regulated. In instances where a lot has frontage on more than one street, the front setbacks shall be applicable to each such street.

SHOPPING CENTER : A parcel of land consisting of one or more contiguous lots and/or one or more buildings, which may include buildings connected by a continuous enclosed mall and/or free-standing buildings (distance between structures shall not exceed 300', containing a total of not less than 500,000 square feet of gross leasable floor area, with stores, banks, offices, restaurants, repairer and service establishments, and/or other businesses that are ordinary to shopping centers, with the exception of indoor entertainment/recreation/ sports facility. The shopping center area, then, may be considered as if it were located on one lot for the purpose of the Zoning By-Laws, with exceptions noted in pertinent districts. The shopping center shall be subject to an operating agreement or leasehold arrangements stipulating that areas used in common, including a central enclosed mall area and exterior parking and circulation areas, will be under integrated management. Parking requirements may cross lot lines, provided copies of executed documents for lease or parking easements are filed with the Town Clerks Office, the Inspector of Buildings, and the Planning Division office.

SIGNS : Any permanent or temporary device, letter, work billboard, placard, painting, drawing, poster, banner, pennant, insignia trade flag, streamer, display, emblem, or representation used as or which is in the nature of an advertisement, announcement or direction, or is designed to attract the eye.

SIGN - ACCESSORY : Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained, or the businesses transacted thereon, or advertises the property itself or any part thereof as for sale or rent.

SIGN - AREA OF : The calculated area of a sign shall be the minimum areas which encompasses all of the elements contained on the sign, including, but not limited to words, names, letters, logos, symbols, and/or art work. The minimum area shall include the spaces between the signs elements in all directions in the plane(s) of the sign. The area of the sign whose elements are all contained within a lit area shall consist of the entire lit area and any unlit borders or frames.

SIGN - AWNING : A sign on a temporary retractable shelter which is supported entirely from the exterior wall of a building.

SIGN - FRONTAGE : The length in feet of the building parallel or substantially parallel to a street or streets (corner lot) that is occupied by an individual business establishment.

SIGN - GROUND : A freestanding sign located on or close to the ground.

SIGN - PERMANENT : Any sign as defined above, intended to be erected and maintained for more than forty-five (45) days.

SIGN - PORTABLE : A freestanding sign not permanently secured to the ground or a structure on the lot it occupies, including trailered signs, but excluding signs on a temporarily parked vehicle.

SIGN - PROJECTING : Any sign which is attached perpendicular to a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the structure in which the sign is positioned.

SIGN - ROOF : Any sign which is erected, constructed, and maintained upon or over the roof of any building.

SIGN - WALL : A sign affixed either parallel or perpendicular to the wall of a building and not extending above the roof plate or parapet line. Wall signs shall be attached directly to the face of the building and may not project more than twelve (12) inches from the wall to which it is attached.

SIGN WINDOW : A sign painted or posted on an interior transparent surface, including windows and doors, such coverage not to exceed twenty percent (20%) of the surface area.

SPECIALIZED ELDERLY RESIDENCE AND CARE : A FACILITY WHOSE PRIMARY USE IS FOR ELDER RESIDENCES AND/OR ELDER CARE FACILITIES; REFERRING TO THE RANGE OF RESIDENTIAL AND HEALTHCARE PROVIDED TO ELDERLY POPULATIONS, PROVIDED THAT AT LEAST ONE OCCUPANT OF EACH DWELLING UNIT SHALL HAVE REACHED THE AGE OF 62 AND ALL OTHER OCCUPANTS OF SAID DWELLING SHALL HAVE REACHED THE AGE OF 55. THIS FACILITY MAY INCLUDE THE FOLLOWING:

INDEPENDENT LIVING : self sufficient dwelling units, but also may include common dining facilities, with no healthcare.

CONGREGATE AND INDEPENDENT HOUSING FOR THE ELDERLY* : A use allowed by special permit in an existing Residence IIA District on sites of not less than ten (10) acres held in common ownership whose use is specifically limited to providing housing for fifty-five (55) years f age and older subject to the provisions of this by-law. A congregate housing project must contain one (1) congregate living facility containing not more than twenty-five (25) units, and independent dwelling units in separate buildings, with no more than four (4) independent dwelling units per building. The overall permitted density shall not exceed 6,000 square feet per unit.

CONGREGATE LIVING FACILITY FOR THE ELDERLY* : An independent living environment of not more than twenty-five (25) dwelling units that is residential and non-institutional in nature and which provides persons fifty-five (55) years of age and over with residential dwelling accommodations and certain limited supportive services needed to maintain themselves outside of an institutional setting. It is comprised of dwelling units and centralized kitchen and dining facilities, and may also have designated lounges, meeting rooms, recreation/stage/screening rooms, exercise rooms, libraries, office space, and examination rooms. Each dwelling unit within a congregate living facility must have its own bath, toilet facilities, and kitchen.

1. Provides room and board; and

3. Collects payments or third-party reimbursements from or on behalf of residents to pay for the provisions of assistance with the activities of daily living or arranges for the same; and

4. Is eligible for certification as an Assisted Living Residence by the Executive Office of Elder Affairs pursuant to MGL Chapter 19D and all other applicable requirements.

NURSING HOME : Any place or institution for the aged, infirmed, chronic or convalescent, whether conducted for charity or profit, which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding or rooming houses for aged people, convalescence homes, rest homes, homes for the aged and infirmed or convalescence homes for children, but does not include hospitals, clinics and similar institution devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.)

* Continuing Care Retirement Communities as any combination of congregate living, assisted living, nursing care, and acute/specialized care in one or more buildings on a lot.

STABLE - RESIDENTIAL : A single family accessory use for the boarding and exercising, of no more than two (2) horses, in which ten thousand square feet (10,000 sq. ft.) of lot area is provided per horse in addition to the minimum lot area requirements.

STREET : A public way, or a way shown on a plan approved by the Planning Board under the subdivision control law, or a private way which, in the opinion of the Planning Board, has sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic and the installation of municipal services.

STRUCTURE : Any combination of materials assembled, constructed, erected or maintained at a fixed location and placed permanently or temporarily in or on the ground. Structures include but are not limited too buildings, sheds, pavilions, walls (4 ft. or higher) (including retaining walls), signs, appurtenant elements to buildings and structures (such as porches, decks, and roof antennae), wireless communications facilities, swimming pools, storage containers, flagpoles.

STORAGE CONTAINER : see Section 9 of this bylaw

TRADE SHOP : A workshop used for the building trades or for custom production, service, or repair work including carpentry, plumbing, HVAC work, electrical work, welding, furniture making and restoring, cabinetmaking, upholstering, painting, and similar activities but excluding work related to vehicles or engines.

USE : The purpose for which land or a building is designed, occupied or utilized.

VETERINARY CLINIC : A facility used by one or more licensed veterinarians to provide health care for animals. Overnight care is not provided except as part of the necessary medical treatment of an animal. Veterinary clinic also includes animal grooming.

WAREHOUSE : A building used for the storage of goods or materials. Warehouses may include the distribution of goods but do not include retail sale of goods.

WASTE - SOLID : All refuse, garbage, and solid and semi-solid industrial waste materials.

WASTE - SPECIAL : Street refuse, demolition and construction refuse, dead animals, bulky objects, liquid wastes, anatomical and pathological wastes and industrial wastes.

WASTE - PRIVATE SOLID AND DISPOSAL FACILITY : Any land, buildings, or other structures which are available, intended to be used for, designed for, or to be used for receiving solid wastes, special wastes or refuse from municipal collections, residences, or from off-site commercial and industrial sources, or for the purpose of a sanitary landfill, a refuse transfer station, a refuse incinerator, a refuse composting plant, a dumping ground for refuse or any other works for treating or disposing or refuse, solid waste or special wastes as defined in this section.

WIRELESS COMMUNICATION LINK : Apparatus consisting exclusively of fixtures and equipment used by a public utility or FCC-licensed commercial entity for the wireless transmission and reception of radio or other signals including:

(1) reception and transmission equipment and fixtures such as antennae, communication dishes and similar devices;

(2) structures that are erected and used primarily to support such reception and transmission equipment, including, without limitation, monopoles, and lattice towers, and

(3) any accessory mechanical, electronic, or telephone equipment, fixtures, wiring and protective covering customary and necessary to operate such wireless communication equipment. A Wireless Communication Link is a transmission and reception substation, not a principal facility for conducting communications business. Wireless Communication Link shall not include television and radio station antennae.

WHOLESALE TRADE : a business principally engaged in selling to retailers; or to industrial, commercial, institutional or professional business users or distributors, rather than customers.