Glossary forLee, Berkshire County, MA

ACCESSORY BUILDING Any building which is subordinate to and whose use is incidental and accessory to the use of the principal building on the same lot or an adjoining lot under the same ownership.

ACCESSORY USE A related minor use which is neither necessary to the operation or enjoyment of a lawful principal use or which is appropriate to, customarily incidental to and subordinate to any such use.

ADULT BOOKSTORE . An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement, as defined in Massachusetts General Laws ("M.G.L.") Chapter 272, Section 31.

ADULT CABARET . A night club, bar, restaurant, tavern, dance hall, or similar commercial establishment which regularly features persons or entertainers who appear in a state of nudity or live performances which are distinguished or characterized by nudity, sexual conduct or sexual excitement, as defined in M.G.L. Chapter 272, Section 31.

ADULT CLUB . An establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in M .G. L. Chapter 272, Section 31; also an establishment offering activities or goods or providing services where employees, entertainers or patrons are engaging in nudity and sexual conduct or sexual excitement, as defined in Massachusetts General Laws Chapter 272, Section 31.

ADULT MOTION PICTURE THEATER . An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement, as defined in M.G.L. Chapter 272, Section 31.

ADULT PARAPHERNALIA STORE . An establishment that has a substantial or significant portion of its stock in trade, devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31.

ADULT USES . Adult Bookstores, Adult Cabarets, Adult Clubs, Adult Motion Picture Theaters, Adult Paraphernalia Stores, and Adult Video Stores, as defined in this bylaw.

ADULT VIDEO STORE . An establishment having a substantial or significant portion of its stock in trade, videos, movies or other film material which are distinguished or characterized by their emphasis depicting , describing, or relating to sexual conduct or sexual excitement, as defined in M.G.L. Chapter 272, Section 31

ASSISTED LIVING - A residential development subject to certification under MGL Chapter 19D, which provides room and board; provides assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and collects payments or third party reimbursement from or on behalf of residents to pay for the provision of assistance. Dwelling units in Assisted Living Residences shall not be considered to be Multiple-Dwellings for the purposes of this by-law. [Added 10-23-02 STM by Art. 8]

BUILDING HEIGHT The vertical distance from the average finished grade within 10 feet of the walls of the building to the highest point of flat or mansard roofs, including the top of a parapet, or to the mean level between the eaves and ridge for gable, hip or gambrel roofs.

CLUB CONDUCTED FOR PROFIT A business which is owned and operated by an individual as a commercial organization for the purpose of profit. Typical examples, among others, would include tennis and racquetball clubs. A distinction is made in this chapter between this definition and nonprofit fraternal clubs. [Added 5-11-1995 ATM by Art. 23]

COMMERCIAL ESTABLISHMENT A business whose main purpose is the offering of goods and products for sale to the public. [Added 7-14-1994 STM by Art. 3]

CONVENIENCE STORE A retail establishment selling a limited variety of groceries, beverages and small household items for the primary use of customers that need a few items in an expedient manner. [Added 5-11-1995 ATM by Art. 23]

DRIVE-THROUGH BANK A banking establishment that is oriented primarily to financial exchanges for customers while in motor vehicles. [Added 5-11-1995 ATM by Art. 23]

DWELLING Any building used exclusively for human habitation, including any permitted home occupation, but excluding hotels, motels, lodging houses, inns or mobile homes.

DWELLING, MULTIPLE A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided, in which no portion of the building below the first story or above the second story is used for dwelling purposes, including:

A. APARTMENTS - A group of multiple dwellings on a single lot designed for rental of the individual dwelling units or for sale as condominium or cooperative units having common open spaces and designed in accordance with the special requirements as set forth in this chapter.

B. TOWNHOUSES - A group of attached one-family dwelling units, each unit having a separate entrance from the street and having a common open space as regulated in this chapter.

DWELLING, MULTIPLE, CONVERSION A residential building constructed prior to 1962 and originally designed and built as a single-family dwelling and converted for occupancy by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. [Amended 2/23/98]

DWELLING, MULTIPLE RESORT A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided and built in accordance with a special permit granted under provisions of section 199-9 A(4), in which no portion of the building below the first story or above the third story is used for dwelling purposes. [Amended 12/10/98]

DWELLING, ONE-FAMILY A detached building designed for or occupied by one family.

DWELLING, TWO-FAMILY A detached building designed for or occupied by two families living independently of each other.

DWELLING UNIT One room, or rooms connected together, with complete, independent housekeeping facilities, including permanently installed kitchen facilities, arranged or designed for use by only one family, which is physically separated from other rooms or dwelling units which may be in the same building.

FAMILY Any number of individuals related by blood, marriage or adoption living together as a single housekeeping unit, provided that a group of not more than five persons keeping house together, but not necessarily related by blood or marriage, may be considered a family.

FAST-FOOD RESTAURANT An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the building or off premises. [Added 5-11-1995 ATM by Art. 23]

FOOD COURT A group of retail businesses inside the building(s) serving food intended for the patrons of shopping or outlet centers and centering upon a common seating arrangement. [Added 7- 14-1994 STM by Art. 3]

FOOD KIOSK A freestanding structure internal to a shopping center or outlet center that is intended to sell food to the patrons of said centers and at which there is no permanent seating. [Added 7-14-1994 STM by Art.3]

HOTEL, LODGING HOUSE OR INN A building rented or used for paying guests, transiently or permanently. LOT A clearly defined piece of land in one ownership, leasehold or control of sufficient area and dimensions to meet minimum zoning requirements for width, area, use and coverage and to provide such yards and other open spaces as are required herein and having a frontage on a public street or on a way qualifying under the Subdivision Control Law1.

LOT AREA PER DWELLING UNIT That portion of the lot area required for each dwelling unit located on a lot.

LOT COVERAGE The portion of the lot area, expressed as a percent, that is covered by buildings and structures. Structures below the finished grade shall not be included in calculating the lot coverage.

LOT FRONTAGE The distance between the side lot lines at the street line.

LOT WIDTH The distance between the side lot lines measured in a straight line at right angles to the mean direction of such lot lines, which line of measurement shall be at the building setback line. In the case of a corner lot, the width shall be similarly measured, and, for the purpose of this measurement only, the front lot line which has the least dimension shall be considered the front lot line, and the lot lines adjacent thereto shall be considered the side lot lines.

MOTEL OR OVERNIGHT CABINS Overnight accommodations for automobile tourists in the form of rows of attached sleeping units, each with separate entrances and toilet facilities and each with adjacent off-street parking space. In each case an office for the renting and management of accommodations may be included.

MOTOR VEHICLE

A. A vehicle constructed and designed for propulsion by power other than muscular power, including such vehicle when pulled or towed by another motor vehicle, except railroad and railway cars; vehicles operated by the system known as "trolley motor" or "trackless trolley" under MGL c. 163 or Section 10 of Chapter 544 of the Acts of 1947; vehicles running only upon rails or tracks; vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding 12 miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the traveled part of ways; wheelchairs owned and operated by invalids; and vehicles which are operated or guided by a person on foot.

B. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined. If the registrar determines that it should be so classified, he or she may require that it be registered under MGL c. 90, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.

MUNICIPAL USE Any use of land in accordance with the general laws governing municipal powers and functions.

NONCONFORMING USE A building structure or use of land existing at the time of this chapter which does not conform to the district in which it is located.

OFFICE PARK/LIGHT INDUSTRIAL An area planned for occupancy of more than one light industrial building, with shared common areas and/or parking areas as well as buildings designed for business offices or research laboratories. [Added 6-17-1992 STM by Art. 8]

OPEN SPACE Generally the land area on a lot not covered by buildings, structures or parking area, to be used for scenic, landscaping or recreational purposes, which is accessible and available to all occupants of dwelling units for whose use the space is intended.

OPERATING CENTER A series of retail shops and ancillary facilities functioning as one organization, under one management structure, within the PCVC District. [Added 7-14-1994 STM by Art. 3]

PLACE OF AMUSEMENT/ASSEMBLY An establishment engaged in providing amusement or entertainment for a fee or admission charge and which includes such activities as dance halls, studios, theatrical productions, bands, orchestras and other musical entertainment, bowling alleys and billiard and pool establishments, commercial sports, such as arenas, rings, racetracks and public golf courses, and coin-operated devices, amusement parks, swimming pools and expositions. [Added 5-11-1995 ATM by Art. 23]

PLANNED COMMERCIAL VILLAGE CENTER (PCVC) A group of commercial establishments planned for a minimum fifty-acre lot, with no greater than 400,000 square feet per fifty-acre lot. Said group of commercial establishments involves one or more principal structures, with said structure or structures containing more than 8,000 square feet of gross floor area, with no one tenant occupying greater than 50,000 square feet, located on a site which has been planned, developed and is to be managed as one operating unit and includes parking, highway access, signage and other facilities shared by said establishments. A PCV C shall be subject to the standards in Article X I II. [Added 7-14-1994 STM by Art. 3]

PLANNED UNIT OFFICE OR RESEARCH CENTER A building or a group of physically interrelated buildings where the main function is the work usually conducted in professional business offices and/or the processing, compilation or analysis of records or data, research activity in the physical or social sciences or applied research in product development. No manufacturing shall be permitted. The dimensional and intensity requirements shall be the same as for a PCVC. [Added 7-14-1994 STM by Art. 3]

RESORT A recreational development in one ownership or time shared serving food and providing lodging to vacationers and guests, with a minimum of 50 rental units, and offering a variety of recreational facilities, such as swimming, golf, tennis, horseback riding and skiing. Any accessory use which is either necessary to the operation of a resort or customarily incidental to such use, including but not limited to restaurants, snack bars, shops, stables and marinas which are intended for guests, shall be permitted on the premises. [Amended 5/13/99]

SITE PLAN A plan indicating but not limited to the following: the location of existing and proposed buildings, structures, driveways, parking areas and other open spaces and all proposed site improvements, including recreational areas, fences, walks and signs. A site plan or any portion thereof involving engineering, architecture or land surveying shall be prepared by a registered engineer, architect, landscape architect or land surveyor. A site plan may be prepared on one or more sheets to show clearly the information required in this chapter and to facilitate the review and approval of the plan.

SPECIAL PERMIT GRANTING AUTHORITY The Board of Selectmen, Board of Appeals or Planning Board, whichever is designated by this chapter for the issuance of special permits for a particular use or purpose, shall for that use or purpose be deemed the special permit granting authority. [Added 6-17-1992 STM by Art. 8]

STORY That portion of a building contained between any floor and the floor or roof next above it, but not including any portion so contained if more than 1/2 of such portion vertically is below the average grade of the ground adjoining such building.

STREET, ROAD, AVENUE, TERRACE, ETC A public way, or a way qualifying under the Subdivision Control Law2, giving access to a lot or lots.

SUBSTANTIAL OR SIGNIFICANT PORTION . The term "substantial or significant portion" as used for all adult uses in this bylaw shall mean twenty-five percent (25%) or more of any one or more of the following: business inventory or stock of merchandise for sale, rental, distribution, or exhibition during any period of time; annual number gross sales, rentals, or other business transactions; annual gross business revenue; hours during which the establishment is open and involved in Adult Uses

TRAILER OR MOBILE HOME Any vehicle or object on wheels and having no motive power of its own which is so constructed or reconstructed to permit use and occupancy thereof for human habitation, whether resting on wheels, jacks, or other foundation and whether or not its mobility has been completely eliminated.

WIRELESS COMMUNICATIONS FACILITIES Any and all materials, equipment, storage structures, towers and antennas, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services. [Added 4-22-1997 STM by Art.11]

PERSON Any person, corporation, society, associate, partnership or other legal entity.

PUBLIC WAY Any public way or private way that is open to public use.

SIGN Any display of lettering, logos, colors, lights or illuminated neon tubes visible to the public from outside of a building, or from a traveled way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted or goods, products, services or facilities available either on the lot or on any other premises, excluding window displays of merchandise.

ABANDONED SIGN - Any sign that is located on property which becomes vacant and is unoccupied for a period of three months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more.

ACCESSORY SIGN - Any sign which is mounted on the same post or pylon as the freestanding sign but is accessory to the freestanding sign and cannot be more than a total of six square feet and which displays a message that is standard to the industries, such as (but not limited to) vacancy/no vacancy, open/closed, dinner being served, credit card, AAA, etc.

AWNING SIGN - A sign painted on or attached to the cover of a metallic frame of the fixed, hinged, roll or folding type of awning.

CANOPY SIGN - A sign placed on a permanent structure built over gas pumps which provides shelter for gas pumps and patrons.

FREE STANDING SIGN - A self-supporting sign not attached to any building, wall or fence but in a fixed location. This does not include portable or trailer-type signs.

GAS STATION PRICING POD - A sign which displays the current price of gasoline and which can be located on the canopy or on the freestanding sign.

LANDMARK SIGN - A sign of artistic or historic merit, uniqueness or extraordinary significance to the town as identified by the local Historic Commission, or the Board of Selectmen in its absence. [Amended 4-25-1996 STM by Art. 8]

MOVABLE SIGN - A sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels, or supported by legs.

MUNICIPALLY CONTROLLED DIRECTORY SIGN BOARD - In the Business (B) and Business-Multiple (BM) and Downtown Commercial Business Corridor (DCBC) Districts, a name-only directional sign to allow business and municipal uses within the districts but not directly located on Route 20 (Park, Main and West Center Streets) to be readily identified from the primary travel corridor. [Amended 4-25-1996 STM by Art. 9]

NEON SIGN - Any sign that provides illumination of the exposed gaseous tube type.

NONCONFORMING SIGN - Any sign that lawfully exists but does not conform to this section at the time of adoption.

OFF-PREMISES SIGN - Any sign which is not on the premises of the business, including a billboard.

ROOF SIGN - A sign which is located above, or projected above, the lowest point of the eaves or the top of the parapet wall of any building or which is painted on or fastened to a roof

TEMPORARY SIGN - Any sign, including its support structure, intended to be maintained for a continuous period of not more than 30 days in any calendar year.

WALL SIGN - Any sign which is painted on, incorporated into or affixed parallel to the wall of a building and which extends not more than 10 inches from the surface of that building.

WINDOW DISPLAY SIGN - Any sign which is mounted onto a window or which is hung directly inside the window with the purpose or effect of identifying any merchandise or product for sale visible from the sidewalk or street.

BED-AND-BREAKFAST COUNTRY INN A recognized commercial entity located in a nonresidential zone where its functions are permitted by right as defined by the provisions of this section in regard to the zoning district. Full food service may be provided as part of the amenities available.

BED-AND-BREAKFAST ESTABLISHMENT A dwelling having a mixed use as a home for the residential owner and as guest lodging, with the lodging function often if not always superseding the home use. The home is to be the primary and legal residence of the owner. These dwellings would not be characterized as oversized or costly to maintain. The maximum number of guests that would be permitted at any one time is six. The maximum number of rooms for rent is three. The only food service for registered guests will be breakfast and high tea. High tea to be defined as an afternoon snack offered at no charge to guests.

BED-AND-BREAKFAST INN A dwelling having a primary use as guest lodging with a home function for the resident owner clearly secondary to the business of renting rooms. The home is to be the primary and legal residence of the owner. These dwellings would be characterized as oversized homes as noted in Subsection A(1) of this section. The maximum number of guests that would be permitted at any one time is 20. The maximum number of rooms for rent is 10. The only food service for registered guests will be breakfast and high tea. High tea to be defined as an afternoon snack offered at no charge to guests.

HOMESTAY A dwelling the primary use of which is the private home for the residential owner, with lodging as a secondary use on an occasional basis. The home is to be the primary and legal residence of the owner. The maximum number of guests permitted at any one time is three. See Section 199-8A(5) of this chapter. The only food service for registered guests will be breakfast and high tea. High tea to be defined as an afternoon snack offered at no charge to guests.

AGE RESTRICTED HOUSING shall for the purposes of this bylaw shall be defined as those structures reserved for occupants who have reached the age of fifty-five (55) years old.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME shall mean affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development or it's successor agency earning less than 50% of the median income.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME shall mean affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development or it's successor agency earning more than 50% but less than 80% of the median income.

CONTIGUOUS OPEN SPACE is defined as a minimum of 50% open area which is suitable and sufficient for those purposes as set forth in paragraph 199-58-A above. Such open space may be separated by the road(s) constructed within the flexible development. Contiguous open space shall not include required yards setbacks.

FLEXIBLE DEVELOPMENT AND CLUSTER ZONING will have the identical meaning.

DISTANCE shall be measured on a horizontal plane.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

HEIGHT shall be the distance measured from ground level to the highest point on the structure.

NON-RESIDENTIAL STRUCTURE shall mean such structures as, but not limited to buildings, grain silos, and water towers, but does not include houses or apartments.

WIRELESS COMMUNICATION BUILDING shall mean any building or shelter used to house equipment primarily for generating and detecting electromagnetic radiation and is an accessory to a wireless communications structure.

WIRELESS COMMUNICATION DEVICE shall mean any antenna, appurtenance, wiring or equipment used on connection with the reception or transmission of electromagnetic radiation which is attached to a structure.

WIRELESS COMMUNICATION STRUCTURE shall mean any structure or tower intended to support equipment used for the transmission and reception of electromagnetic radiation, including the antennas, wiring or other devices attached to or mounted on a structure.

ABUTTERS - Owners of land directly opposite the property included in the plan on any public or private street or way, and owners of land directly abutting upon the property, and abutters to the direct abutters within 300 feet from the property, all as appearing on the most recent tax list of the Town of Lee.

BOARD - The Planning Board of the Town of Lee.

DEAD END STREET - A street, extension of a street or system of streets connected to other streets only at a single point; i.e. having only one point for access and egress by vehicles.

DEFINITIVE PLAN - The final map, drawings and all required supporting data upon which the subdivider's plan of a subdivision is presented to the Board for approval and which, if approved, will be submitted to the Registry of Deeds or Land Court for filing.

DWELLING UNIT - One room, or rooms connected together, with complete, independent housekeeping facilities, including permanently installed kitchen facilities, arranged or designed for use by only one family, which is physically separated from other rooms or dwelling units which may be in the same building.

LOT - A clearly defined piece of land in one ownership, leasehold or control, of sufficient area and dimensions to meet minimum zoning requirements for width, area, use and coverage and to provide such yards and other open spaces as are required for a Building Lot under the Lee Zoning Bylaw and having adequate frontage and access on a public street or on a way qualifying under the Subdivision Control Law.

MAJOR RESIDENTIAL SUBDIVISION - A Subdivision that is not a Minor Residential Subdivision. The division of land into seven or more building lots or lots having a total of seven or more dwelling units, with frontage on a proposed subdivision road.

MINOR RESIDENTIAL SUBDIVISION - The division of a parcel of land existing as of the effective date of these regulations into no more than six building lots or lots having a total of no more than six dwelling units, and having frontage on a proposed private subdivision road owned and maintained by a homeowner's association. A Minor Residential Subdivision road can never be accepted as a town way.

NON-RESIDENTIAL SUBDIVISION - A Subdivision of land with the subdivision road and/or nonresidential building lots located partially or entirely in a Non-Residential Zoning District.

PRELIMINARY PLAN - A plan or plans of a proposed subdivision and all the required supporting data indicating the proposed manner of layout of the subdivision, to be submitted to the Board for its consideration. (See MGL Ch. 41, � 81 L.)

RIGHT-OF-WAY - A strip of land occupied or intended to be occupied by a street, road, alley, crosswalk, easement, utility, or other special use.

RESIDENTIAL SUBDIVISION - A Subdivision of land located entirely within a Residential Zoning District.

ROAD - See Street

STREET HIERARCHY - means the characteristics of streets based upon increasing levels of function and volume of traffic. Refer to Table 3.1 for classification of streets.

STREET - A public or private way for vehicular and pedestrian traffic and utilities, included within a Right of Way.

SUBDIVISION - The division of a tract of land into two or more lots in such manner as to require provision for one or more new ways not in existence on June 25, 1956 when the Subdivision Control Law became effective in the Town of Lee, to furnish access for vehicular traffic to one or more of such lots, and shall include re-subdivision and, when appropriate to the context, shall relate to the process of subdivision or the land or territory subdivided. Provided however, that the division of a tract of land into two or more lots shall not be deemed to constitute a Subdivision within the meaning of the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage on a public way or a way which the Clerk of the Town of Lee certifies is maintained and used as a public way, or a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or a way in existence on June 25, 1956, 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 the Lee Zoning Bylaw for erection of a building on such lot. Conveyance or other instrument adding to, taking away from, or changing the size and shape of lots in such manner as not to leave any building lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing on June 25, 1956, into separate lots, on each of which one of such buildings remains standing, shall not constitute a Subdivision. (See MGL c. 41, � 81 L.)

TRAVELED WAY - The portion of a street having the wearing or exposed surface of the roadway provided for use by vehicular traffic.

DISTANCE shall be measured on a horizontal plane.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

HEIGHT shall be the distance measured from ground level to the highest point on the structure.

NON-RESIDENTIAL STRUCTURE shall mean such structures as, but not limited to buildings, grain silos, and water towers, but does not include houses or apartments.