ACCESSORY BUILDING OR USE A building or use which is clearly subordinate and incidental to the principal building or use. (See § 200-13, Accessory uses.)
BASEMENT The ground floor, beneath the principal story, but which in average is at least 1/2 its height above the mean grade of the adjoining ground and which measures more than five feet in height. (See definitions of "cellar" and "crawl space.") [Amended 5-1-1995 ATM by Art. 38]
BUILDING A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include an awning or any similar covering whether or not permanent in nature. The word "building" includes "structure."
BUILDING, NEW A building which did not exist immediately prior to commencement of construction, as well as the reconstruction, alteration, or repair of an existing building involving both 50% or more of new exterior walls (cladding excluded) and the replacement by 50% or more of the structural elements of that building.
CANOPY A permanent structure which stands alone or in conjunction with another structure, which has a roof, whether pitched or flat, supported by a vertical base, but without walls. Canopies which exceed 150 square feet in gross area and/or seven feet in height shall require a special permit for use and dimension from the Board of Appeals.
CELLAR That portion of a building which is partly or completely below grade and has at least 1/2 its height below the mean grade of the adjoining ground and which measures more than five feet in height. (See definitions of "basement" and "crawl space.") [Amended 5-1-1995 ATM by Art. 38]
CONSTRUCTION, START OR COMMENCEMENT OF Construction commences after the completion of site preparation with either the excavation for a foundation or the permanent affixing and integrating to the site or existing building of a load-bearing component of the building, specifically the foundation in the manner in which it will be integrated into the final structure. A component is not permanently affixed and integrated if it is subsequently removed. (See definition of "site preparation.") [Amended 5-5-1997 ATM by Art. 19]
CRAWL SPACE The area beneath the principal story which measures five feet or less from the earth, cement floor or other similar permanent material to the principal story above. (See definitions of "basement" and "cellar.") [Amended 5-1-1995 ATM by Art. 38]
DECK An unroofed outdoor structure whether of wood or other material, with a floor which is more than two feet above existing grade at any point. For purposes of calculating gross floor area, multistory decks shall be considered as roofed porches in the Bylaw with the exception of the top deck. [Amended 5-4-2009 ATM by Art. 39]
DWELLING UNIT A room or group of rooms forming a habitable unit for one family with facilities used or intended to be used for living, sleeping, cooking and eating.
FAMILY One or more persons, including domestic employees, occupying a dwelling unit and living as a single housekeeping unit.
FENCE, BOUNDARY A fence or wall, not a retaining wall, which runs along the boundary line of a lot or within five feet of said boundary line. [Amended 5-1-1995 ATM by Art. 38]
FLOOR The base of each story of a building, whether finished or unfinished. (See definitions of "floor area, gross," "story," "cellar," and "basement.")
FLOOR AREA, GROSS The sum of the areas of the several floors or stories of any building including the basement, cellar, attic space and garages. Excluded only are the areas directly below an open trellis. All horizontal dimensions shall be taken from the exterior faces of walls, including roofed porches and roofed balconies whether enclosed or unenclosed. (See illustrated sketch and definitions of "story," "floor," "crawl space," "cellar," and "basement.") [Amended 5-1-1995 ATM by Art. 38; 5-7-2001 ATM by Art. 40]
FOUNDATION A base constructed to support any building including, but not limited to, footings, floating foundations, piles and caissons.
GRADE, ORIGINAL The level of the land at a construction site prior to site preparation.
HEIGHT OF BUILDING Building height shall be measured from the highest point of any roof or parapet to the lowest point of the original grade or the lowest point of the finished grade of the ground adjoining the building, whichever makes the building height greater. Height limitations shall not apply to chimneys, receiving TV antennas, or steeples on places of worship and municipal buildings. (See illustrative sketch and § 200-16G for application.) [Amended 5-1-1995 ATM by Art. 38; 5-3-1999 ATM by Art. 38]
LOT A single area of land defined by metes, bounds, or boundary lines in a duly recorded deed or shown on a duly recorded plan.
LOT AREA The horizontal area within the exterior lines of the lot, exclusive of any area in a street, and exclusive of any horizontal area subject to oceanic tidal action but below mean high water. [Amended 5-4-2008 ATM by Art. 27]
LOT DEPTH The mean horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT FRONTAGE That part of a lot which has an uninterrupted parcel boundary line abutting on a constructed street. [Amended 5-1-2000 ATM by Art. 46]
LOT LINE, FRONT A parcel boundary line separating the lot from a street.
LOT LINE, REAR That parcel boundary line or combination of lines which is opposite and most parallel to the front lot line. If the line(s) is curved or contains more than one contiguous segment, the length of the line(s) shall be measured as if it were a single straight line connecting the end points of side lot lines. Additionally, the rear lot line shall not be less than 75% of the required frontage. Except that in the case of a corner lot, the rear lot line(s) shall be the line(s) opposite from the street on which the principal building faces.
LOT LINES, SIDE The parcel boundary lines connecting either end of the front lot line with either end of the rear lot line.
LOT WIDTH The mean horizontal distance between the side lot lines measured perpendicular to the mean direction of the side lot lines. At no point between the front lot line and the rear lot line shall the lot be narrower than 75% of the required lot frontage. (See § 200-16E, Minimum lot width.)
NONCONFORMING BUILDING OR LOT A building or lot that does not conform to any dimensional regulation prescribed by this Bylaw for the district in which it is located or to regulations for parking or accessory buildings; provided that such building or lot was in existence and lawful at the time the dimensional regulation or regulations for parking or accessory buildings became effective.
NONCONFORMING USE A use of a building or lot that does not conform to a use regulation prescribed by this Bylaw for the district in which it is located; provided that such use was in existence and lawful at the time the use regulation became effective.
OPEN AREA Open area includes lawn, garden, natural landscape features and walks, outdoor swimming pools and tennis courts or other paved surfaces for social or household use. [See § 200-15B(4) for calculation of minimum required open area.] [Added 5-1-1995 ATM by Art. 38]
POND A natural body of water existing during the entire year.
PORCH A covered entrance to a building or other covered exterior space. (Covered or roofed porches are part of the gross floor area calculation.) [Added 5-1-1995 ATM by Art. 38]
PRINCIPAL USE The main or primary purpose for which a building or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this Bylaw. (See § 200-11B, Limitation of allowed uses, and § 200-15B(5), Interpretation of dimensional regulations.)
RESIDENT A person who occupies the premises as his principal place of abode.
SITE PREPARATION Preparation for construction which includes, but is not limited to, the following: surveying and related staking of the site; removal and moving of standing buildings and leveling of the consequent debris; cleaning and removal of brush, trees, and general debris; grading of site and the moving, removal and delivery of earth related to grading; scraping of earth to expose ledge; the blasting of ledge and removal of resultant debris. (See definition of "construction, start or commencement of.") [Amended 5-5-1997 ATM by Art. 19]
STORY The horizontal portion of a building, excepting a suspended ceiling, which comprises the space between two successive floors (see definition of "floor") or between a floor and a roof. For the purposes of calculating gross floor area, the space under a roof in an attic will be calculated only for that area where the height is greater than five feet above the attic floor. There are only two cases where a story or area five feet or less in height is not counted as a story for calculating gross floor area. They are the areas under a roof as described above and basement and cellar areas five feet or less in height which are considered crawl space. In a cathedral-type ceiling, 12 feet of height will be counted as the first story. Any distance beyond 12 feet but not to exceed 24 feet is calculated as the second story. This method of calculation will be replicated for each 12 feet or portions thereof. An exemption from the twelve-foot height criterion for calculating the number of stories may be granted by special permit for use and dimension from the Board of Appeals. (See definitions of "floor area, gross," "floor," "crawl space," "cellar" and "basement.") [Amended 5-1-1995 ATM by Art. 38]
STREET Public way or a way which the Clerk of the Town certifies is maintained and used as a public way, or a way shown on a plan therefor approved and endorsed in accordance with the Subdivision Control Law or a way in existence when the Subdivision Control Law became effective, having sufficient width and 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. [Amended 5-1-2000 ATM by Art. 46]
SUBDIVISION A division of a lot into two or more lots.
TRAILER, COMMERCIAL Any enclosed or unenclosed trailer or portable storage facility, but excluding only such facility used in connection with commercial fishing, whether or not on wheels, which is used for commercial or industrial purposes including storage.
TRAILER, HOUSE A house trailer shall be defined as a vehicle with or without motive power used for living or sleeping purposes and standing on wheels or rigid supports. [Amended 5-1-1995 ATM by Art. 38]
YARD An open area of generally uniform width or depth on the same lot with a building, which lies between the building and the nearest lot line and is unoccupied and unobstructed from the ground upward except as otherwise provided [see § 200-15B(3), minimum setback requirement]. In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn through the point of the building to such lot line. No part of any private way nor any horizontal area subject to oceanic tidal action and below mean high water nor a pond (see definition of "pond") shall be counted as open area in calculating any minimum yard requirements (see sketch). [Amended 5-1-1995 ATM by Art. 38]
AFFORDABLE HOMEOWNERSHIP UNIT - An affordable housing unit required to be sold to an eligible household in accordance with the requirements of this Bylaw.
AFFORDABLE HOUSING - Housing that is affordable to and occupied by eligible households.
AFFORDABLE HOUSING RESTRICTION - A deed restriction of affordable housing meeting the requirements in MGL c. 184, § 31, and the requirements of this Bylaw.
AFFORDABLE RENTAL UNIT - An affordable housing unit required to be rented to an eligible household in accordance with the requirements of this Bylaw.
APPLICANT - A landowner or other petitioner that files a plan for a development project subject to the provisions of the SG.
APPROVING AUTHORITY - The Planning Board of the Town of Marblehead acting as the authority designated to review projects and issue approvals under this Bylaw.
AS-OF-RIGHT DEVELOPMENT - A development project allowable under this Bylaw without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A development project that is subject to the plan review requirement of this Bylaw shall be considered an as-of-right development.
DESIGN STANDARDS - The document entitled Marblehead Smart Growth Overlay District Design Standards, as amended, approved by DHCD May 1, 2009, pursuant to MGL c. 40R, § 10. The design standards are applicable to all development projects within an SG that are subject to plan review by the approving authority.
DEVELOPMENT LOT - One or more lots meeting the dimensional requirements of this Bylaw which are designated as a development lot on a plan for a development project proposed within an SG and for which plan approval is required under the provisions of this Bylaw. The lots comprising a development lot need not be in the same ownership but within the application review period the applicant must demonstrate site control of all land shown on the plan.
DEVELOPMENT PROJECT - A residential or mixed-use development undertaken under this § 200-44. The limits of a development project shall be identified on the plan which is submitted to the approving authority for plan review.
DHCD - The Massachusetts Department of Housing and Community Development (DHCD) or any successor agency.
ELIGIBLE HOUSEHOLD - An individual or household whose annual income is below 80% of the area-wide median household income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
HOUSEHOLD INCOME, MEDIAN - The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).
MIXED-USE DEVELOPMENT PROJECT - A development that includes a building or buildings with a minimum of 25% of the floor area on the street level devoted to one or more nonresidential use. A minimum of 50% of the total gross floor area in a mixed-use development project shall be devoted to residential uses.
MONITORING AGENT - A qualified housing organization designated by the Marblehead Board of Selectmen with the power to monitor and to enforce compliance with the provisions of this Bylaw related to affordable housing units, including but not limited to computation of rental and sales prices; income eligibility of households applying for affordable housing units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an affordable housing restriction for each affordable housing unit in an SG.
MULTIFAMILY DEVELOPMENT PROJECT - A residential development that contains a building or buildings(s) with more than three dwelling units.
NONRESIDENTIAL USE - A use that is listed as an allowed retail and consumer service use or an allowed institutional and recreational use in the B1 Zoning District, without need for a special permit, in the Zoning Bylaws, Table 1, Land Use Regulations, in effect as of the date of adoption of this § 200-44.
OFFICE - A place of business of a professional organization or the administration facility of a commercial or industrial organization.
PLAN - Plans depicting a proposed development project for all or a portion of the SG and which is submitted to the approving authority for its review and approval in accordance with the provisions of this Bylaw and the design standards.
PLAN APPROVAL - The approving authority's authorization for a proposed development project based upon a finding of compliance with this Bylaw and design standards after the conduct of a plan review.
PLAN REVIEW - The review procedure established by § 200-44K of this Bylaw and administered by the Planning Board of the Town of Marblehead as the approving authority.
RENOVATION - Physical improvement that adds to the value of the real property. Painting, ordinary repairs, and other normal maintenance do not constitute a renovation.
SETBACK - Please refer to Article V, Dimensional Regulations, § 200-15B(3), of the Marblehead Zoning Bylaw in effect as of the date of adoption of this Bylaw.
SG OR DISTRICT - The Smart Growth Overlay District, an overlay zoning district adopted pursuant to MGL c. 40R, in accordance with the procedures for zoning adoption and amendment as set forth in MGL c. 40A and approved by the Department of Housing and Community Development pursuant to MGL c. 40R and 760 CMR 59.00.
UNDERLYING ZONING - The zoning requirements adopted pursuant to MGL c. 40A that are otherwise applicable to the geographic area in which the SG is located, as said requirements may be amended from time to time.
UNDULY RESTRICT - A provision of the SG or a design standard that adds unreasonable costs or unreasonably impairs the economic feasibility of a proposed development project in an SG.
UNRESTRICTED UNIT - A dwelling unit that is not restricted as to rent, price or eligibility of occupants.
ZONING BYLAW - The Zoning Bylaw of the Town of Marblehead, Massachusetts, adopted in accordance with and pursuant to the provisions of MGL c. 40A.
ZONING MAP - The Zoning Map of the Town of Marblehead, Massachusetts, adopted in accordance with and pursuant to the provisions of MGL c. 40A.
ABUTTERS - Those landowners directly abutting the land being subdivided, and those landowners across the street from the land being subdivided, and those landowners within 500 feet of any property line of land being subdivided.
AGENT - An agent appointed by the Board, serving as the Board's representative to advise the Board on matters relating to these rules and regulations and construction of ways.
APPLICANT - A person, including an owner or his representative, who applies for the approval of a plan of a land subdivision.
BOARD - The Planning Board of the Town of Marblehead, meaning a majority of such.
BOARD OF HEALTH - The Board of Health of the Town of Marblehead, or its appointees.
BUILDING COMMISSIONER - The Board of Selectmen of the Town of Marblehead, or its appointees.
GENERAL LAWS (abbreviated GL) - The General Laws of Massachusetts. In case of rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections of the new codification.
HIGHWAY SUPERINTENDENT - The Superintendent of Streets and/or an agent of the Planning Board.
LOT - An area of land in one ownership, with definite boundaries, used or set aside and available for use as the site of one or more buildings.
MDPW STANDARDS - Those standards of design and construction written in the latest editions of the Massachusetts Department of Public Works' Standards and Specifications for Highways and Bridges and Construction Standards.
OWNER - As applied to real estate, the person holding the ultimate fee simple title to a parcel, tract or lot of land, as shown by the record in the appropriate land registration office, registry of deeds or registry of probate.
PARCEL - Land that is not buildable and/or land that is not and does not qualify as a building lot.
RECORDED PLANS - Definitive plans and/or "approval not required" plans which require endorsement as specified under the Subdivision Control Law, MGL c. 41, § 81X. The original plans are then recorded at the Essex County Registry of Deeds or registered at the Massachusetts Land Court.
REGISTERED CIVIL ENGINEER/LAND SURVEYOR - An individual holding a valid (unexpired, unrevoked) registration from the Commonwealth of Massachusetts Board of Registration of Professional Engineers and Land Surveyors.
ROADWAY - That portion of a way which is designed and prepared for safe vehicular travel, also referred to as "street."
SUBDIVIDER - The applicant and/or owner and/or developer who intends to subdivide and develop the property and construct all improvements included on the approved definitive plan in accordance with the subdivision rules and regulations and Planning Board conditions of approval.
SUBDIVISION -
A. The division of a tract of land into two or more lots, including resubdivision and, when appropriate to the context, 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:
(1) A public way, or a way which the Town Clerk certifies is maintained and used as a public way; or
(2) A way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law; or,
(3) A way in existence when the Subdivision Control Law became effective in the Town in which the land lies, 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.
B. Such frontage shall be of at least such distance as is then required by Town Zoning Bylaws for erection of a building on such lot.'
C. Conveyances or other instruments adding to, taking away from, or changing the size and shape of lots in such a manner as to leave any lot without the frontage set forth above, or the division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect in the Town of Marblehead into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision. (Reference: MGL c. 41, § 81L.)
SUBDIVISION CONTROL LAW - General Laws c. 41, §§ 81K to 81GG inclusive, and any amendments thereof, additions thereto or substitutions thereof.
TOWN - The Town of Marblehead.
WAY OR RIGHT-OF-WAY - The full strip of land designated as a way, consisting of the roadway, utilities, planting strips and sidewalks. A way so designated shall be available only for such uses as are customary for ways in the Town and shall not be available for any private uses, such as the construction of buildings, fuel tanks, septic tanks, fences or walls.
PERSON shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth, or political subdivision thereof, to the extent subject to Town by-laws, administrative agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representatives, agents, or assigns.
ALTER shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this By-Law:
(1) Removal, excavation or dredging of soil, sand, gravel, or aggregate materials of any kind;
(2) Changing of preexisting drainage characteristics, flushing characteristics, salinity, distribution, sedimentation patterns, flow patterns, or flood retention characteristics;
(3) Drainage or other disturbance of water level or water table;
(4) Dumping, discharging or filling with any material which may degrade water quality;
(5) Placing of fill, or removal of material, which would alter elevation;
(6) Driving of piles, erection or repair of buildings or structures of any kind;
(7) Placing of obstructions or objects in water;
(8) Destruction of plant life including cutting of trees;
(9) Changing water temperature, biochemical oxygen demand, or other physical or chemical characteristics of water;
(10) Any activities, changes or work which may cause or tend to contribute to pollution of any body of water or groundwater. [Amended 5-7-2001 ATM by Art. 38]
(11) Application of pesticides or herbicides.