ABANDONMENT : The visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or promises; or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings; or the replacement of the non-conforming use or building by a conforming use or building.

ADULT ENTERTAINMENT ESTABLISHMENTS : shall include and be defined as follows:

       1. Adult Bookstore: An establishment having as a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Sexual Conduct" as that term is defined in G.L. c. 272, Sec. 31; "Sexual Devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including: dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other preparations or an establishment with a segment or section devoted to the sale or display of such materials.

       2. Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating "Sexual Conduct" as defined in G.L. c. 272, Sec. 31 for observation by patrons therein.

       3. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in G.L. 272 Sec. 31 (as defined below) for observation by patrons therein.

       4. Adult Live Entertainment Establishments: Establishments which feature live entertainment which consists of entertainers engaging in "Sexual Conduct" or "Nudity" as defined in G.L. c. 272 Sec. 31.

       5. Massage Service Establishments:

       a. Massage:

       Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external parts of the human body with the hands or with the aid of any mechanical or electric apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some third person on his or her behalf, will pay money or give any other consideration or any gratuity therefor.

       b. The practice of massage shall not include the following individuals while engaged in the personal performance of duties or their respective professions:

       a. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts.

       b. Nurses who are registered under the laws of the Commonwealth of Massachusetts.

       c. Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Massachusetts, except that this exclusion shall apply solely to the massage of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.

       STATEMENT OF PURPOSE

       "in the development and execution of this Zoning By-Law and Amendment, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e. not more than two such uses within one thousand feet of each other which would create such adverse effects)."(Adopted Special Town Meeting, December 6,1982 Article #1)

ALTERATION : Any construction, reconstruction, or other action resulting in a change in the structural parts or height, number of stories or exits, size, use or location of a building or other structure.

AQUIFER PROTECTION AREAS : Certain areas consisting of aquifers and/or aquifer recharge areas including areas that through hydro geologic testing are considered for potential public water supply, which are delineated on a map entitled "Town of Stoughton, Massachusetts Town-wide Hydro geologic Study, Hydro geologic Zone Delineations and Groundwater Protection Areas, Camp Dresser & McKee, Inc., Environmental Engineers, Cambridge, Massachusetts, Scale: 1" = 1200', January 1993" and as it may be amended from time to time by vote of the Town Meeting. Said map is on file with the Office of the Town Clerk. The Aquifer Protection Area is further described as follows: "The protective areas delineated as Zone II and Zone IIIA on the above-referred to map." Added by action of Town Meeting, April 30, 1991, Article #IS. Amended by action of Annual Town Meeting, May 3,1993, Article #54

AUTOMOTIVE REPAIR OR SERVICE STATION : A building or use which is designed or intended to be used for the storage, servicing, repair, maintenance, or cleaning of motor vehicle or other automotive equipment. Added by action of Town Meeting, April 24,1978, Article #60.

BASEMENT : A portion of a building, partly below grade, which has more than one half of its height, measured from finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is 4.5 feet or more above the finished grade or one-half of the total height above the finished grade, whichever is greater.

BEDROOM : Any area in a dwelling unit which is or could be used for the provisions of private sleeping accommodations for residents of the premises, whether such area is designated as a bedroom, guestroom, maid's room, dressing room, den, study, library, or by another name. Any room intended for regular use by all occupants of the dwelling unit such as living room, dining room, or kitchen shall not be considered a bedroom, nor shall bathrooms, halls or closets having no horizontal dimensions over six (6) feet. Added by action of Town Meeting, April 28,1975, Article #44.

BOARD : The Zoning Board of Appeals of the Town of Stoughton, Massachusetts.

BOARDING HOUSE : A building other than a hotel, motel, cafe, restaurant, where, for compensation, meals and lodgings are provided for three (3) or more persons. Added by action of Town Meeting, April 24,1978, Article #60.

BUILDING : A combination of any materials, whether portable or fixed, having a roof, and enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property. For the purposes of this definition "roof" shall include an awning or any similar covering, whether or not permanent in nature.

BUILDING, ACCESSORY : A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

BUILDING AREA : The aggregate of the maximum horizontal cross-section area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies, and terraces, expressed as a percentage of total lot area.

       Building, Attached: A building having any portion of one or more walls in common with adjoining buildings.

BUILDING, DETACHED : A building having open space on all sides.

BUILDING LINE : The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located; except in the case of a rear lot, the building line shall be that line to the rear of the rear property line of the front lot, and it shall not be less than the depth of the required front yard for the zoning district in which the lot is located. Added by action of Town Meeting, April 24,1978, Article #60.

BUILDING, PRINCIPAL : A building in which is conducted the principal use of the lot on which it is located.

BUILDING, SEMI-DETACHED : A building, which has one (1) party wall in common with an adjacent building. Added by action of Town Meeting, April 24,1978, Article #60.

BUSINESS OFFICE OR SERVICE : A business establishment, which does not offer a product or merchandise for sale to the public but offers a professional service to the public. However, personal services, such as barber and beauty shops, and repair shops, such as radio, television, and automotive, are not to be included in the definition of business offices. Added by action of Town Meeting, April 24,1978 #60.

CAMPER TRAILER : A folding structure, mounted on wheels and designed for travel, creation, and vacation use. Added by action of Town Meeting, April 24,1978, Article #60.

COLLAR : A portion of a building, partly or entirely below grade, which has more that one half of its height measured from finished floor to finished ceiling, below the average established finished grade of the ground adjoining the building. A cellar is not deemed a story.

CLUSTER DEVELOPMENT : A division of land into lots for use as single family building sites where said lots are arranged into more than one group having area and yard measurements less than the minimum required in the Table of Dimensional and Density Regulations. These clusters or groups shall be separated from adjacent property and other groups of lots by intervening "common land". The number of lots over the entire tract of land shall not exceed the number of lots permitted under normal application of the Table of Dimensional and Density Regulations of the zone in which the tract of land is located. The number of lots in a group shall not exceed eight. Amended by action of Town Meeting, June 23,1975, Article #14.

COMMON LAND : Land in a subdivision not required for lots which shall be set aside for recreation, park purposes, or retained as natural woodland, accessible from all sections of the development, designed and intended for the use and enjoyment of the residents within the subdivision or community. Added by action of Town Meeting, June 23,1976, Article #14.

COMMUNITY FACILITIES : Promises owned and operated by a governmental or chartered nonprofit organization, but not including fraternal, sports, or similar membership organizations.

COMPACT PARKING SPACE : An open space on a lot or in a garage used for parking motor vehicles, the dimensions of which are not less than eight (8) feet wide by eighteen (18) feet long and to which there is an access from a street, plus not less than 81 square feet of access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle, and further being surfaced with a bituminous or cement concrete pavement. Adopted by action of Special Town Meeting within the Annual Town Meeting, May 6,1997, Article 8, ID 28.

DISTRICT : A zoning district as established by Section III of this by-law.

DRIVE-IN ESTABLISHMENT : A business establishment wherein patrons are usually served while seated in parked vehicles on the same lot. The term drive-in includes drive-in eating establishments where food is purchased from a building on the lot, but is consumed in the vehicle; drive-in service establishments such as banks, cleaners, and the like; automotive service stations, gasoline stations, or the like.

DRIVEWAY : A paved area located on a lot built for access to a garage, or off-street parking or loading space. (See Section VIII) Adopted by action of Special Town Meeting, April 25,1983, Art. 39

DWELLING : A privately or publicly owned permanent structure containing a dwelling unit, or dwelling units. The term "one family", "two family" or "multifamily" dwelling shall not include hotel, lodging house, hospital, membership club, trailer or dormitory.

DWELLING UNIT : One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities.

DWELLING, MULTIFAMILY : Deleted by action of Town Meeting, June 23, 1975, Article #16.

DWELLING, TWO FAMILY : A detached building containing two dwelling units. Only one such building shall be developed on any one lot. Amended by action of Town Meeting, April 26,1976, Article #38.

EFFECTIVE DATE : The effective date of any requirement hereto or any amendment thereto subsequently adopted shall be the date that Town Meeting votes adoption, pending subsequent approval by the Attorney General, and posting or publishing the printed by-law or amendments thereto; however, no building or special permit may be issued for any proposed structure or use which would be affected by any proposed now by-law or amendment from the date first advertised for public hearing on such by-law or amendment. Amended by action of Town Meeting, April 24,1978, Article #69.

ESSENTIAL SERVICES : Services provided by public utility or governmental agencies through erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems. Facilities necessary for the provisions of essential services include poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governmental agencies for the public health, safety and general welfare.

EXCEPTION : A use of a structure or lot or any action upon a premises which may be permitted under this by-law only upon application to and the approval of the Board and in accordance with provisions of Section X-K.

FAMILY : One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

FAST ORDER FOOD : Food which is

       (a) primarily intended for immediate consumption;

       (b) available upon a short waiting time;

       (c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold;

       (d) served on paper plates or in paper containers, consumed with plastic utensils; and

       (e) of a self-service nature, that is, no waitresses or waiters are involved. Patrons place their order at a counter and take it to a table on the premises or leave the premises. Added, by action of Town Meeting, April 24,1978, Article #60

FAST ORDER FOOD ESTABLISHMENTS : An establishment whose primary business is the sale of fast order food for consumption on or off the promises.

FLOOD LINE : The limits of flooding from a particular body of water caused by a storm whose frequency of occurrence is once in five or more years, as determined and certified by a registered professional engineer, qualified in drainage.

FLOOD WAY : The area subject to periodic flooding, the limits of which are determined by the flood line.

FLOOR AREA, GROSS : The sum of the areas of the several floors of a building, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended, and designed for the parking of motor vehicles in order to meet the parking requirements of this by-law, or any such floor space intended and designed for accessory, heating and ventilating equipment.

HEIGHT : The vertical distance from the average finished grade of the adjacent ground to the top of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable of the slope of a hip roof,

HOME OCCUPATION : An accessory use which by custom has been carried on entirely within a dwelling unit, and is incidental and, subordinate to the dwelling use and which shall not occupy more than 40 percent of the net floor area or 400 square feet, whichever Is less of the dwelling unit so used. In connection with such use there is to be kept no stock in trade nor commodities sold on the premises. Such use shall be carried on by the occupants of the dwelling unit with no more than one nonresident employee, and shall not in any manner change the residential character of the building.

HOSPITAL : A building providing 24-hour in-patient services for the diagnosis, medical and surgical treatment and care of human ailments.

HOTEL : A building or any part of a building containing rooming units without individual cooking facilities for transient occupancy, and having a common entrance or entrances including an inn, motel, motor inn and tourist court, but not including a boarding house, lodging house, or rooming house.

JUNKYARD : An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and, sanitary landfills. Added by action of Town Meeting, May 4, 1992 Article 38 ID 75

LOADING SPACE : An off-street space used for loading or unloading not less than fourteen feet in width, forty-five feet in length and fourteen feet in height, and containing not less than 1,300 square feet including both access and maneuvering area.

LODGING UNIT : One or more rooms for the use of one or more individuals not. living as a single housekeeping unit and not having cooking facilities. A "Lodging Unit" shall include rooms in boarding houses, tourist houses, or rooming houses.

LOT : An area or parcel of land or part thereof, not including water area, in common ownership, designated on a plan filed with the administrator of this by-law by its owner or owners as a separate lot.

LOT, CONTIGUOUS : A lot which physically abuts another lot or lots under common ownership, or a lot which is physically separated from another lot or lots under common ownership only by a street in which the fee ownership is retained by the party owning the abutting lots Adopted by action of Special Town Meeting, within the Annual Town Meeting, May 6, 1997, Article 8, ID 28.

LOT, CORNER : A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines, or in case of a curved street, extended lot lines, being not more than 135 degrees.

LOT DEPTH : The horizontal distance between the front lot line and the rear lot line. Amended by action of Town Meeting, May 5, 1997, Art #43, ID 26.

LOT FRONTAGE : The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line.

LOT LINE, FRONT : The property line dividing a lot from a street (right-of-way). On a corner lot the owner shall designate one street line as the front lot line.

LOT LINE, REAR : The lot line opposite the front lot line.

LOT LINE, SIDE : Any lot line not a front or rear lot line.

LOT, NONCONFORMING : A lot lawfully existing at the effective date of this by-law, or any subsequent amendment thereto, which is not in accordance with all provisions of this by-law.

LOT, THROUGH : An interior lot, the front and rear lot lines of which abut streets, or a corner lot two opposite lines of which abut streets.

LOT, WIDTH : The horizontal distance between side lot lines, as required by the TABLE OF DIMENSIONAL AND DENSITY REGULATIONS, is to be measured at the minimum front yard depth (required setback distance), at the minimum required lot depth, and at all intermediate side line points. Amended by action of Town Meeting, May 1, 1991, Article #17.

MEMBERSHIP CLUB : A social, sports, or fraternal association or organization, which is used exclusively by members and their guests, which may contain bar facilities.

MOBILE HOME : Any manufactured, transportable, year-round structure on one (1) or more chassis and containing a flush toilet, bath or shower, and a kitchen sink; designed to be connected to a piped water supply, sanitary sewage system and electric or gas service. Added by action of Town Meeting, April 24,1978, Article #60.

MOTEL : A building or group of buildings containing one (1) or more guest rooms with separate outside entrances for each room or suite of rooms and for which room or suite of rooms automobile parking space is provided. Added by action of Town Meeting, April 24,1978, Article #60.

MULTIFAMILY APARTMENT HOUSE : Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units with shared means of egress. Added by action of Town Meeting, June 23,1975, Article #15.

MULTIFAMILY ROWHOUSE (TOWNHOUSE, CONDOMINIUM) : An attached or semidetached building or structure with continuous or common walls containing three or more dwelling units. Added by action of Town Meeting, April 26,1976, Article #39

OFFICES : Space or rooms used for professional, administrative, clerical, and similar uses. Added by action of Town Meeting, April 24,1978, Article #60.

OPEN SPACE : The space on a lot unoccupied by buildings, unobstructed to the sky, not devoted to streets, driveways, or off-street parking or loading spaces and expressed as a percentage of total lot area.

OWNER : The duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use, structure or lot in question.

PARKING SPACE : An open space or a garage, on a lot used for parking motor vehicles, the dimensions of which are not less than nine (9) feet wide by nineteen (19) feet long and to which there is an access from a street, plus not less than 100 square feet of access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle, and further being surfaced with a durable pavement.

PLANNED UNIT DEVELOPMENT : A development permitting single family, two family, and multifamily dwelling units, community facilities and commercial facilities on a single tract of land arranged in such a manner so that the number of dwelling units and/or facilities on said tract of land is consistent with the zoning in which the tract is located (namely, RU, RC, RB, RA, and R-M) and further that the number of dwelling units and/or facilities in all other zones (namely GB, HB, NB, I) shall be consistent with R-M zoning. Amended by action of Town Meeting, April 29,1974, Article #20.

PROFESSIONAL OFFICE OR SERVICE : An office for the conducting and operating of a profession. For the purposes of this By-Law, professional occupations shall be limited to the practice of accounting, insurance, real estate, medicine, law, dentistry, architecture, planning and engineering. Added by action of Town Meeting, April 24,1978, Article #60.

QUARRYING : The business or occupation of extracting stone from an open excavation. Quarrying does not include the excavation and removal of sand and gravel.

RECORDED : Recorded in the Norfolk District of Registry of Deeds or registered in the Norfolk District Registry of Land Court.

ROOMING HOUSE : Any building or portion thereof which contains at least three (3), nor more than nine (9) guest rooms which are designed for lodging, with or without meals, and are provided for compensation. Added by action of Town Meeting, April 24,1978, Article #.60.

ROOMS : As applied to all residential dwelling units, a room shall be defined as a living room, kitchen, and/or bedrooms. A kitchenette which does not include space for eating, and a dining area of which one full wall opens into a living room shall be counted at; one-half (1/2) room each. A bathroom shall not count as a room. Added by action of Town Meeting, April 24, 1978, Article #60

SHOPPING CENTER OR PLANNED BUSINESS DEVELOPMENT : One or more retail stores or commercial buildings with a unified plan and/or architectural scheme (as determined by the Zoning Board of Appeals in the Special Permit), on a single parcel of land or on single parcels contiguously arranged, and shall include, but shall not be limited to the following:

       1. (a) A department store, general merchandise store, or a food market having a total gross floor area of at least 20,000 square feet of gross floor area; and

       (b) One or more retail stores having a total gross floor area of at least 20,000 square feet of gross floor area; or

       2. A single store containing a minimum of 175,000 square feet of gross floor area in the aggregate, of which a minimum of 60,000 square feet of gross floor area is devoted to retail sales of one or more of the following: dry goods, apparel and accessories, furniture And home furnishings, home equipment, hardware, or the like. Such store may also contain other uses permitted in the district by right or by Special Permit and such other, accessory, uses as the Zoning Board of Appeals permits in the Special Permit for the Planned Business Development. Parking for the Planned Business Development shall be permitted as determined by the Zoning Board of Appeals in the Special Permit, provided the minimum requirements of Section XIF are satisfied. Added by action of Town Meeting, April 24,1978; Article #60. Amended by action of Town Meeting, November 1, 1988, Article #9, I.D. 14

SIGN : Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by intermittent or repeated motion or illumination.

SIGN, BUSINESS : A sign used to direct attention to a service, product sold or other activity performed on the same promises upon which the sign is located.

SIGN, IDENTIFICATION : A sign used simply to identify the name, address, and title of an individual family or firm occupying the premises upon which the sign is located.

SURFACE AREA OF :

       1. For a sign, either free standing or attached, the area shall be considered to include all lettering, wording, and accompanying designs and symbols, together with background, whether open or enclosed, on which they are displayed, but not including any supporting framework.

       2. For a sign consisting of individual letters, designs, and symbols attached to or painted on a surface, building, wall, or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs, and symbols.

SITE PLAN : A plan for a lot or subdivision on which is shown existing and proposed topography, the location of all existing and proposed buildings, structures, road, rights-of-way, boundaries, all essential dimensions and bearings, utilities, and physical features, including natural waterways, bodies of water, existing stone walls, fences, all trees over six (6) inch caliper, rock ridges, and outcroppings, and swamps; and any other information deemed necessary by the Zoning Board of Appeals in unusual or special cases. Added by action of Town Meeting, April 24,1978, Article #60.

SLOPE : The ratio of vertical rise over horizontal distance and is expressed as a fraction or percentage: e.g. 1/5 or 20 percent. Added by action of Town Meeting, June 23,1976, Article #14.

STORY : That part of a building comprised between a floor and the floor or roof next above. If a mezzanine floor area exceeds one third of the area of the floor immediately below, it shall be deemed a story.

STREET : A way which is over 24 feet in right-of-way width which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A street includes all public ways, a way which the Town Clerk certified is maintained and used as a public way, a way shown on a plan approved and endorsed in accordance with the "Subdivision Rules, Regulations, and Requirements, in Stoughton, Massachusetts" and a way having, in the opinion of the Stoughton Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected on or to be erected thereon.

STRUCTURE : A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole, swimming pool, or the like.

STRUCTURE, NONCONFORMING : A structure lawfully existing at the effective date of this by-law or any subsequent amendment thereto, which does not conform to one or more provisions of this by-law.

TEMPORARY ADDITIONAL LIVING AREA : (to be added after Structure, Nonconforming, to read:) The Board of Appeals, as a Special Permit Granting Authority, may issue a Special Permit authorizing the conversion and use of a portion of a single family dwelling into a separate living area with cooking facilities for a family member of the owner or owners. Said permit shall be valid only for the occupancy of the said premises by the person for whom it is issued; upon cessation of occupancy by such person, the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40.

TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60.

USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained.

USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to:

       (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII,

       (ii) Accessory filling of water, wet area or depression, or

       (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6.

USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions of this By-Law.

USE, PRINCIPAL : The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied, or maintained under this By-Law. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this By-Law shall be considered an accessory use.

USE, SUBSTANTIALLY DIFFERENT : A use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, noise, employment or similar characteristics from the use to which it is being compared.

VARIANCE : Such departure from the terms of this By-Law as the Board, upon appeal in specific cases, is empowered to authorize under the terms of Section X.

YARD : A portion of a lot upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein. A court shall not be considered to be a yard or any part thereof.

YARD, FRONT : A yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line.

YARD, REAR : A yard except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

YARD, SIDE : Yard extending for the full length of a building between the nearest building wall and the side lot line

ARTIST STUDIO/RESIDENCE : A place of work and residence of one or more persons who are engaged actively, and either gainfully employed or as a vocation, in commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited dance, choreography, photography or filmmaking or the composition of music. This definition does not include any use included in the Adult Entertainment Establishment in the Stoughton zoning by-laws, as amended.

MIXED USE DEVELOPMENT : A combination of residential and non-residential uses, as permitted within the SCMUOD, arranged vertically (in multiple stories of buildings), or horizontally (adjacent to one another in one or more buildings) within a lot.

APPLICANT : The owner or all the owners where title is held jointly, of the land described in the application for subdivision, in common, or in tenancy by the entirety, including corporations. An agent, representative or his/her assignee may act for an owner, provided written evidence of the owner's authority is submitted with the application. Evidence in the form of a list of their officers and designated authority to sign legal documents pursuant to a valid corporate vote shall be required for a corporation.

BOARD : The Planning Board of the Town of Stoughton.

BRIDGE : The term "bridge" shall apply to any structure whether single or multiple span construction that spans a body of water, depression, highway or railway, and affords passage for pedestrians, or vehicles of all kinds, or any combination thereof having a total length of ten feet (10') or more or a height greater than five feet (5').

BRIDGE HEIGHT : The "height" of a bridge shall be considered the maximum vertical distance from the highest road centerline finish grade to either the lowest finish grade below the bridge or the ordinary mean water level, whichever is greater.

BRIDGE LENGTH : In general, the "length" of a bridge is that distance measured horizontally along the centerline of roadway between extreme centerlines of bridge shoes or bearings, or when shoes or bearings are not used the distance between vertical faces of abutments, or spring lines of arches, or extreme ends of openings for multiple reinforced concrete boxes.

CLUSTER BOX UNIT (CBU) : A facility utilized by the United States Postal Service to deliver mail.

COLLECTOR STREET : Town or combined state, county and town street which connects small population centers and carries traffic between state highways and minor streets.

CULVERT : A structure not classified as a bridge which provides an opening under the roadway.

DEAD-END STREET : A segment of a street which only intersects another street at one end. For the purposes of this regulation, any proposed street which intersects solely with a dead-end street shall be deemed to be an extension of the dead-end street. Dead-end streets and their extensions, if any, or any combination thereof shall not be longer than 500 feet (500'). The roadway length shall be measured from the sideline of the intersecting roadway to the center point of the cul-de-sac.

ENGINEER : Any person who is licensed by the Commonwealth of Massachusetts to perform professional engineering services.

FIRM : Flood Insurance Rate Maps, published by the National Flood Insurance Program.

LOT : An area of land in one ownership, with definite boundaries used, or available for use, as the site of one or more buildings.

MINOR STREET : Street which primarily provides access to individual parcels.

OWNER : As applies to real estate, the person(s) (as hereinafter defined) holding 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.

PERSON : An individual or two or more individuals, or trust, or a group or association of individuals, having a common or undivided interest in a tract of land including a partnership or corporation.

RECORDED : Recorded shall mean recorded in the Registry of Deeds of Norfolk County, except that, as affecting registered land, it shall mean filed with the Recorder of The Land Court. (Section 81-L of Chapter 41, M.G.L.).

RETAINING WALL : A wall built to resist lateral pressure.

ROADWAY : That portion of a way which is designed and prepared for vehicular use. The roadway is considered to be the area between the left and right gutter lines.

SIGHT DISTANCE : Defined as both of the following:

       1) The minimum distance that can be seen in all directions when stopped at an intersection, from a point nine feet (9') behind the curb line, 4.5' to the right of the center of the roadway that is stopped on, 3.5' high, observing an object 4.25' high in the center of the approaching travel lanes.

       2) Stopping sight distance as defined by AASHTO (American Association of State Highway and Transportation officials).

SITE : A portion of a lot, tract or parcel of land provided for the location of a building or construction work, with the necessary or convenient amount of land adjacent to such building used in connection therewith, whether such portion is separated from the rest of the lot, parcel, or tract by definite boundaries or not.

STREET : See Roadway.

SUBDIVISION : The division of a tract of land into two (2) or more lots and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision of the land or territory subdivided; provided, however, that the division of a tract of land into two (2) or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the 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, or

       (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 buildings 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 (20) 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 (2) or more buildings were standing when the Subdivision Control Law went into effect in the city or town in which the land lies into separate lots on each of which one (1) of such buildings remains standing, shall not constitute a subdivision.

SUBDIVISION CONTROL LAW : Refers to Sections 81K to 81GG inclusive of Chapter 41, of the General Laws of the Commonwealth of Massachusetts (MGL), titled "Subdivision Control".

SUBDIVISION-RESIDENTIAL : A subdivision for residential purposes.

SUBDIVISION-BUSINESS/INDUSTRIAL : A subdivision for business or industrial purposes.

SURVEYOR : Any person who is registered by the Commonwealth of Massachusetts to perform professional land surveying services.

TRAVELED WAY : see Roadway.

WALL : see retaining wall.