Terms and Words
For the purposes of this Bylaw certain terms and words
are herein defined as follows:
Words used in the present tense include the future, words in the singular number
include the plural and words in the plural number include the singular; the word "shall" is mandatory and not directory; the word "lot" includes the word "plot"; the word "land" includes the words "marsh" and "water". For the purposes of this bylaw certain terms and words are herein defined as follows unless a contrary meaning is required by the context, or is specifically prescribed.
Accessory Use: A use customarily incidental to that of the main building or the
use of the land, but not the exterior storage of junk, dismantled or abandoned cars, or any other storage detrimental to the health, safety or general welfare.
ADULT ENTERTAINMENT ENTERPRISES: Adult Entertainment Enterprises shall include the following uses: (1) Adult Bookstore: an establishment which has more than ten percent (10%) of its gross floor area or 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 M.G.L.A. Chapter 272, Section 31; (2) Adult Motion Picture Theater: a 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.A. Chapter 272, Section 31; (3) Adult Paraphernalia
Store: an establishment which has more than ten percent (10%) of its gross floor area or a substantial or significant portion of its stock 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.A. Chapter 272, Section 31; (4) Adult Video Store: an establishment which has more than ten percent (10%) of its gross floor area or 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.A. 272, Section 31; (5) Adult Entertainment Establishment: an establishment which displays entertainment which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in M.G.L.A. Chapter 272, Section 31,
including entertainment which features exotic dancers, strippers, male or female impersonators or similar entertainers.
Billboards: Any free standing sign(s) which are located off premises and which
are larger than ninety six (96) square feet in area. Such signs shall also be
subject to the provisions of 711 CMR 1.00 - 3.00 of the Commonwealth of
Massachusetts.
Building: A structure having a roof or cover for the shelter, housing or enclosure
of persons, animals, or property.
a) Building, Accessory: a subordinate building located on the same lot with
the main building or use, the use of which is customarily incidental to that of the main building or to the use of the land.
b) Building Line: The line established by law beyond which a
building shall not extend.
c) Building Lot: See lot building.
d) Building, Main or Principal: A building in which is conducted the principal
use of the lot on which it is situated. In any residential district, any dwelling or apartment building shall be deemed to be a main building on the lot on which the same is situated.
Dwelling: Any building, or part there of, used for habitation for one (1) dwelling
unit intended and designed to be occupied by a single family. It shall not include a trailer or mobile home, however mounted.
a) Dwelling, Multi_family (Multiple Family House, Apartment or Apartment
House): A dwelling including single_family attached units, containing two (2) or more separate dwelling units.
b) Dwelling, Seasonal: Any dwelling which is limited to human occupancy
between April 15 and October 15 due to the temporary nature of cooking, heating and sanitary conditions.
c) Dwelling, Single_Family: A detached dwelling containing one (1)
dwelling unit intended and designed to be occupied by a single_family.
d) Dwelling Unit: one (1) or more rooms with cooking, living, sanitary and
sleeping facilities arranged for the use of one (1) or more persons living together as a single housekeeping unit.
e) Dwelling, Year_Round: Any dwelling which is suitable for human
occupancy on a permanent, year_round basis and meets the requirements of the Massachusetts State Building Code, the State Environmental Code, and the Town of Hudson health regulations for single_family dwellings.
Family: One (1) or more persons living together in one (1) dwelling unit, but not
including sororities, fraternities and other communal arrangements.
Farm: An undivided parcel of land, five (5) acres or more in area, used in the
raising of agricultural products, live stock, poultry and dairy products, including necessary farm structures and the storage of equipment used.
Fence: A barrier intended to prevent escape or intrusion or to mark a boundary. A
structure of posts and boards, wire, pickets or rails commonly used as an enclosure for a field or yard.
Floor Area: The gross horizontal area of the several floors of the building
excluding areas used for accessory garage purposes and basement areas. All horizontal dimensions shall be taken from the exterior faces of walls, including walls of other enclosures.
Frontage: The linear extent of a lot measured along the street right_of_way from
the intersection of one side lot line to the intersection of the other side lot line of the same lot.
Hazardous Waste Facility: Any facility as defined in Chapter 21D of the General
Laws of the Commonwealth of Massachusetts.
Height: The vertical dimension measured from the average elevation of the
finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck of a mansard roof; and to the average height between plate and ridge of a gable, hip or gambrel roof.
Home Occupation: An occupation customarily conducted in the place of residence
of the operator, or a professional person, or in a building accessory thereto, such as dressmaking, millinery, home cooking, handcraft, specialized cultivation and propagation of house plants, insects, fish and birds; beauty parlor; the office of a physician, surgeon, dentist, clergyman, artist, lawyer, musician, landscape architect, city or town planner, engineer, or member of any recognized profession; real estate, insurance, stock or other brokerage business or similar establishment offering services to the general public, provided that not more than two (2) persons are engaged in the activity and that the activity occupies no more than two hundred (200) square feet of floor area.
Landscaped Area: Land left substantially in a natural state or developed for the
recreational use for the residents of apartments, but it shall not include public or private street rights_of_ways, parking lots, service or loading areas, driveways, sidewalks, easements for above ground utilities, ground area covered by any structure other than those structures directly related to an open space or recreational use, or any other land deemed unsuitable by the Planning Board, including, but not limited to swamps, wetlands or land exceeding a slope of thirty_three (33) percent.
LOT:
a) Lot, Building: That area of land described on a site plan in an application
for a building permit or an application to the Board of Appeals for a permit or a variance, or otherwise defined as the area on which a structure is to be constructed or a use is to be conducted. A building lot shall not include any part of a street.
b) Lot Corner: A lot at the intersection of, and abutting one, two or more
streets where the angle of intersection is not more than one hundred
and thirty_five (135) degrees, or where the intersection is bounded by a curve having a radius of less than one hundred (100) feet.
c) Lot Depth: The distance measured perpendicular to and at every point in
the frontage required.
d) Lot Line: The established division line between lots or between a lot and a
street.
1) Lot Line, FRONT: the dividing line or lines, between a street and
the lot line.
2) Lot Line, REAR: The line, or lines, bounding a lot at the rear and
approximately parallel to and at the maximum distance from the front line.
3) Lot Line, SIDE: The line, or lines, bounding a lot which extends
from the street toward the rear in a direction approximately perpendicular to the street. In the case of a corner lot, or through lots, all lines extending from streets shall be considered side lot lines.
e) Lot, Minimum Width Of: The distance between the side lot lines measured
in a straight line at right angles to the mean direction of such side lot lines, which line of measurement shall touch, but not be in front of, the building. In the case of a corner lot, the minimum 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 line and the lot lines adjacent thereto shall be considered as side lot lines.
Membership Club: A private, non_profit organization, and its building or
grounds, to include specifically country clubs and fraternities and other organizations to which membership is limited or controlled.
Mobile Home: A dwelling unit built on a chassis, containing electrical, plumbing
and sanitary facilities, designed to be propelled either by an attached vehicle or otherwise, and designed to be installed on a temporary or permanent foundation; but not including a vehicle known as a travel trailer or travel coach nor any prefabricated dwelling unit which contains detachable or expandable parts equal to or greater than fifty (50) percent of the floor area of the dwelling unit.
Non_Conforming Uses: A non_conforming use of land or building is an existing
use of land or building which does not conform to the regulations for the district in which such use of land or building exists and which existed at the time of adoption of the regulation to which it does not conform.
Open Space: Those areas of a lot on which no building or structure(s) is
permitted, except as otherwise permitted by this By_Law and which is not to be used or devoted to streets, driveways, sidewalks, off_street parking, storage or display is to be permanently maintained in grass or other plant material such as trees, shrubs, bushes and other ground cover. Open space must be free from any vehicular traffic.
Recorded: "Recorded", or "of record", means recorded or registered in the
Middlesex County Registry of Deeds, or a record title to a parcel of land disclosed by any or all pertinent public records.
Setback: The minimum horizontal distance between the street or front lot line and
the part of the building nearest the street of front lot line, such distance measured at a right angle to the street or front lot line.
Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names, or trademarks, whether stationary or portable, by which anything is made known, such as are used to designate or locate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public or private street or right_of_way and used to attract attention.
Street: A public way or private way either shown on a plan approved in
accordance with the subdivision control law or otherwise qualifying a lot for frontage under the subdivision control law.
a) Street Line: the dividing line between a street and a lot and, in the case of
a public way, the street line established by the public authority laying out the way upon which the lot abuts; the sum total of lengths of front lot lines abutting a street.
Structure: A combination of materials assembled at a fixed location to give
support or shelter, such as a building, framework, retaining wall, tent, viewing stand, platform, bin, fence, sign, flagpole, mast for radio antenna or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part or parts thereof".
Structural Alteration: As applied to a building or structure means a change or
rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
Yard: An open space, other than enclosed court, on the same lot with a building or
group of buildings, which open space lies between the building or group or building and a lot line, and is not occupied or obstructed from the ground upward by a building or a structure except for fences.
a) Yard, Front: A yard extending across the full width of the lot and lying
between the front lot line of the lot and the nearest line of the principal building. The depth of a front yard shall be the minimum distance between the principal building and front lot line.
b) Yard, Rear: A yard extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest line of the principal building. The depth of a rear yard shall be the minimum distance between the principal building and the rear lot line.
c) Yard, Side: A yard between the side lot line of the lot and the nearest line
of the principal building, and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the principal building and the side lot line.
Wireless Communication Facility: Any “personal wireless service facility” as defined in the Telecommunications Act of 1996, 47U.S.C. § 332(c)(7)(C)(ii), including facilities used or to be used by a licenses provider of personal wireless services.
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