City of Marlborough - Definitions

ACCESSORY BUILDING

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.

ACCESSORY USE

A use customarily incidental to that of the main building or to the use of the land, excluding the exterior storage of junk, dismantled or abandoned cars or any other storage detrimental to the health, safety or general welfare.

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 MGL c. 272, § 31.

ADULT LIVE ENTERTAINMENT ESTABLISHMENT

Any establishment which displays live entertainment which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined by MGL c. 272, § 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 by MGL c. 272, § 31.

ADULT PARAPHERNALIA STORE

An establishment having as a substantial or significant portion of its stock, devices, objects, tools or toys which are distinguished or characterized by their association with sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

ADULT USE MARIJUANA (including the words "MARIJUANA" AND "CANNABIS" as those words pertain to adult use marijuana)

Means all parts of any plant of the genus Cannabis, not excepted in 935 CMR 500.002: Cannabis or Marijuana (a) through (c) and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in MGL c. 96G, § 1, as amended, provided that adult use marijuana, marijuana or cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; hemp; or the weight of any other ingredient combined with cannabis or marijuana to prepare topical or oral administrations, food, drink or other products.

ADULT USE MARIJUANA RETAIL

An entity licensed and registered under 935 CMR 500.050, as amended, as a marijuana retailer to purchase from a craft marijuana cooperative, marijuana cultivator, independent testing laboratory, product manufacturer or transporter and to sell or otherwise transfer the marijuana to consumers and to marijuana establishments.

ADULT VIDEO STORE

An establishment having as a substantial or significant portion of its stock-in-trade videos, movies, or CD-ROMs or other film material which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

ADVERSE IMPACT

Any activity during or after construction which will have a negative impact to water quality or quantity. This includes but is not limited to surface water contamination, groundwater contamination, water temperature changes, and changes in hydrology that would negatively affect the water quality and quantity.

AFFORDABLE HOUSING

Sale or rental housing meeting at least the minimum standards established by the Massachusetts Department of Housing and Community Development (DHCD) for household income, unit size, financing and resale controls applicable to low- and moderate-income households or elderly housing, pursuant to MGL Chapter 40B, including future amendments thereto, consistent with the requirements of the particular DHCD program used in conjunction with the applicable project. In no case shall the price of the affordable units be more than 80% of the market sales or rental price of comparable units located within the same project.

ALTERATION

A change in or addition to a building which modifies the location, plan, manner of construction or the kind of materials used or in any way varies the character of its use.

APPLICANT

The person or persons, including a corporation or other legal entity, who apply for issuance of any development approval or permit.

APPLICATION

Includes the accompanying materials required or submitted with an application.

ARTIST STUDIOS/LIVE/WORK GALLERY SPACE

The use of all or a portion of a structure for both habitation and work by persons engaged in the creation, manufacture or assemblage of 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 to dance, choreography, photography or filmmaking, or the composition of music (but not to include adult entertainment). Sales of artist-created work are also permitted in a portion of the space.

AS-OF-RIGHT SITING

Development under this section may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval; however, said as-of-right development is subject to site plan review as provided under Chapter 270 of the Code of the City of Marlborough and this section. Projects cannot be prohibited but can be subject to reasonable regulation.

ASSISTED LIVING FACILITY

A managed residential community, operating under the provisions of MGL Chapter 19D and the regulations promulgated thereunder at 651 CMR 12.00, as may be amended from time to time. An assisted living facility may provide a special care residence, but shall not provide a (i) dementia special care unit, or (ii) any other full-time nursing care such as provided at a Long-Term Care Facility, as defined in 105 CMR 150.001, including but not limited to a convalescent home or nursing home, as defined in this Zoning Ordinance.

AUTO SHOP/REPAIR

The business of maintaining, servicing, repairing or painting of vehicles, excluding the sale or dispensing of fuels, including the sale and installation of lubricants, tires, batteries and similar vehicular accessories.

AUTOMOTIVE SERVICES

The sale or dispensing of vehicular fuels and for the servicing and repair of automobiles, including the sale and installation of lubricants, tires, batteries and similar vehicular accessories.

BANK

A bank is the portion of the land surface which normally abuts and confines a water body. It occurs between a water body and a bordering vegetated wetland and adjacent floodplain, or in the absence of these, it occurs between a body of water and an upland. The upper boundary of a bank is the first observable break in slope or the mean annual flood level, whichever is lower.

BASEMENT

That part of a building which is partly below and partly above grade and having at least 1/2 its height above grade.

BED-AND-BREAKFAST

An owner-occupied dwelling unit in which eight or fewer rooms without kitchen facilities are let, on an overnight basis, as a temporary sleeping quarters for persons who have their residence elsewhere. Food and beverage service is limited to breakfast for registered, paying overnight guests at no additional cost. The length of occupancy by a registered guest does not exceed 14 days. Hotels, motels, boarding, lodging or rooming houses are not classified as bed-and-breakfast establishments. Extended stay may be permitted beyond 14 days with the approval of the Building Commissioner. Such approval shall be granted only when an occupant has a verifiable employment contract or agreement coincident with the length of stay requested.

BOARDER or LODGER

An individual, other than a member of a family occupying a dwelling unit, who occupies a boarding or lodging unit for living and sleeping but not for cooking and eating purposes and pays rent, which may include an allowance for meals, by prearrangement to an owner or operator to whom he/she is not related by blood, marriage or adoption.

BOARDING OR LODGING UNIT

One or more rooms designed, occupied or intended for occupancy as separate living quarters for one or more boarders or lodgers, with sleeping facilities but no kitchen facilities, provided that common facilities for cooking may be made available. Cooking facilities shall not be deemed common if they can be reached only by passing through any part of the dwelling unit or boarding unit of another.

BOARDINGHOUSE or LODGING HOUSE

A building or a portion thereof in which rooms or suites of rooms are let for fee as places of human habitation, either permanently or transiently, to four or more persons or which requires a license as required by MGL c. 140, § 22 et seq., as amended. The term "boardinghouse or lodging house" shall exclude convalescent homes, nursing homes, assisted living facilities, shelters, hotels and motels which are licensed as such pursuant to applicable state law.

BREW PUB

A facility which is licensed by the United States Alcohol and Tobacco Tax Trade Bureau and the Commonwealth of Massachusetts, under the relevant statutes, including MGL c. 138, § 19D, to manufacture malt beverages and which is also authorized by the City and the Commonwealth of Massachusetts to serve alcoholic beverages. The facility may have a restaurant or serve food prepared on site, but shall comply with all applicable Board of Health requirements for kitchens and common victualler licenses; provided, however, that in such a case only beer, spirit or wine products manufactured by the facility, and none by other manufacturers, may be sold, unless an on-premises pouring license has been obtained under MGL c. 138, § 12. Nothing contained herein shall prohibit the facility from having a bring-your-own-food policy.

BUILDING

A structure or part thereof enclosed within exterior walls or fire walls built, erected and framed of component structural parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. Refer to definitions of "multifamily dwelling" and "dwelling."

BUILDING LINE

The line established by law beyond which a building shall not extend.

CELLAR

That part of a building which is partly or completely below grade and having at least 1/2 its height below grade.

CHILD-CARE CENTER

Same as defined in MGL c. 40A, § 3.

COFFEE ROASTERY

A facility in which green coffee beans are roasted into roasted coffee products; provided, however, that emissions from coffee roasting operations, if vented to the outdoor air, are to be i) vented at least 10 feet above any outdoor area, including but not limited to a sidewalk, street, alley or parking lot, which is adjacent to the building where the facility is located, and ii) directed away to the extent possible from uses within 50 feet of the vent; and provided further that, in all cases, the Building Commissioner shall determine, upon plans submitted to the Building Department, the appropriate measures required to be taken and maintained by the facility in order to significantly reduce potential odor emissions and airborne pollutants, and such measures may be required as conditions for the issuance of any permit. Nothing contained herein shall prohibit the facility from having a bring-your-own-food policy.

COMMERCIAL GREENHOUSE

A business located in a building or group of buildings for the propagation, display and sale of plant products and items associated with gardening and/or landscaping.

COMMERCIAL KENNEL

Buildings and facilities for the lodging of five or more domestic animals.

COMMUNICATIONS DEVICE

Any antenna, dish or panel mounted out of doors on an already existing building or structure, used by a commercial telecommunications carrier to provide telecommunications services. Interior-mounted antennas, dishes or panels are not subject to the provisions of this section. The term "communications device" does not include a tower.

COMMUNICATIONS DEVICE

Any antenna, dish or panel mounted out of doors on an already existing building or structure used by a commercial telecommunications carrier to provide telecommunications services. Interior-mounted antennas, dishes or panels are not subject to the provisions of this section, except for the provisions of Subsection § 650-25F(10). The term "communications device" does not include a tower.

COMPREHENSIVE DEVELOPMENT

A housing development including affordable housing meeting all requirements necessary to make said development eligible for application for a comprehensive permit as provided in MGL Chapter 40B, including future amendments thereto. (See definition of "affordable housing.")

CONTRACTOR'S YARD

Premises used for the storage of equipment and/or materials used for providing contracting services, including but not limited to building construction, heating, plumbing, roofing, and excavation.

CONVALESCENT HOME/NURSING HOME

Any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for four or more persons admitted thereto for the purpose of convalescent or nursing care, as provided in MGL c. 111, § 71 and the regulations promulgated thereunder at 105 CMR, as may be amended from time to time.

CONVERSION

Any changes, alterations or modifications to an existing building or structure in order to accommodate a new principal use or determined by the Building Commissioner to substantially alter the nature of the existing principal use. In no instance shall new construction be deemed a conversion of a building or structure.

CORNER LOT

A lot at the intersection of and abutting on two or more streets where the angle of intersection is not more than 135° or where the intersection is bounded by a curve having a radius of less than 100 feet.

COVERAGE

See "lot coverage."

CUSTOMARY HOME OCCUPATION

See "home occupation."

DATA STORAGE/TELECOMMUNICATIONS FACILITY

A building for the operation, monitoring, and maintenance of data storage computers, telecommunications equipment and ancillary equipment, including appurtenant office space.

DEMENTIA SPECIAL CARE UNIT

A facility licensed pursuant to 105 CMR 150.000, or a unit thereof, that uses any word, term, phrase, or image, or suggests, in any way, that it is capable of providing specialized care for residents with dementia, which must comply with 105 CMR 150.022 through 150.029. The purpose of a dementia special care unit is to care for its residents with dementia in the long term. A dementia special care unit may be a standalone use, or it may be part of another long-term care facility, as defined in 105 CMR 150.001, including but not limited to a convalescent home or nursing home, as defined in this Zoning Ordinance.

DENTAL CLINIC

Buildings or portions thereof used by licensed dentists to provide dental care services on less than a twenty-four-hour basis, and at which are employed not more than three dentists practicing daily at the clinic with the necessary support staff.

DEVELOPMENT

One or more structures or buildings or any improvements, expansions, alterations or changes in use to buildings or premises, including site preparation, landscaping, parking and underground improvements, on the same lot or contiguous lots.

DEVELOPMENT LOT

The land depicted on a plan accompanying the application for a building permit for a shopping mall and encompassing the individual lots on which the shopping mall will be constructed and operated.

DNA

Deoxyribonucleic acid.

DRIVE-THRU FACILITIES

The use of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or window or automated machine, to persons remaining in motorized vehicles that are in a designated stacking lane. A drive-thru facility does not include a vehicle washing facility, a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline service station.

DWELLING UNIT

A building or portion thereof which is designed for or occupied as a place of abode by one or more persons, either permanently or transiently, with cooking, sleeping and sanitary facilities provided within the dwelling unit.

FAMILY

One or more persons, but not more than five persons unrelated by blood or marriage, occupying a single-family dwelling unit.

FARM

A piece of land containing a minimum of three acres devoted to raising crops or livestock, or devoted to any specific agricultural project, as a dairy farm, such crops or livestock or portion thereof to be offered for sale.

FIRST STORY

See definition of "story, first."

FLOOR AREA

The gross horizontal area of the several floors of 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 or other enclosures.

FRONTAGE

The distance along a continuous portion of a street right-of-way line between intersections with lot side lines, provided that, for lots abutting more than one street, frontage shall be required and measured along one street only, but the front yard required by Article VII: Dimensional, Landscaping and Parking Regulations hereof shall be provided along each street the lot abuts, and that for corner lots frontage shall be measured to the intersection of street right-of-way lines or to the middle of the corner-rounding curve connecting such street rights-of-way.

GROSS LEASABLE AREA

The total floor area of building or buildings designed for the exclusive occupancy of tenants and portable structures.

HALF STORY

See definition of "story, half."

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.

HELIPORT

Any area of land, water or building other than an airport which is made available for landings and takeoffs of helicopters.

HOBBY VEHICLE STORAGE

The warehousing, maintenance, and minor incidental and accessory repair of personal land-based passenger vehicles owned as part of a collection, provided that the vehicles shall be stored indoors in a building with a floor area not to exceed 17,000 square feet with an accessory building not to exceed a floor area of 3,000 square feet, the vehicles shall not be displayed outdoors or advertised for sale, and any maintenance or minor incidental and accessory repair shall take place indoors and shall be limited to vehicles stored at the site, any major repairs or restoration work must take place off-site, and fuel shall not be stored on-site other than the fuel tanks of the vehicles and not more than five five-gallon portable containers. No manufacturing is allowed.

HOME OCCUPATION

See definition of "home office/home occupation."

HOME OFFICE/HOME OCCUPATION

An occupation customarily conducted in the place of residence of the operator or of a professional person, or in a building accessory thereto, such as dressmaking, millinery, home cooking, handcraft, specialized cultivation and propagation of houseplants, insects, fish, birds and animals, limited to one litter at a time, or the offices of a physician, surgeon, dentist, real estate agent, teacher, clergyman, artist, lawyer, architect, musician, landscape architect, land surveyor, city planner, broker, engineer, beautician or member of any other recognized profession, including an office for an off-premises business, provided that not more than three persons are engaged in the activity on the premises at any one time.

HOSPICE FACILITY

A building or part of a building for the provision of services to the terminally ill. Hospice care provided on an as-needed basis shall be construed as a permitted accessory use in all districts.

HOSPITAL/SANITARIUM

A licensed facility for short- and long-term medical treatment of illness and injury, including mental illnesses and hospice services.

HOTEL

An establishment providing lodging for guests on a short-term basis; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is through the lobby and interior corridors. This definition does not include boarding, lodging or rooming houses.

IMPERVIOUS SURFACE

Surface areas with material or structure on, above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

LANDSCAPE CONTRACTOR'S YARD

Premises used for the storage of equipment and/or materials used by a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds, including the installation of hardscape, such as stonework, patios, decks, arbors, and other decorative elements of the landscape. Such a business may engage in the installation and construction of underground improvements, but only to the extent that such improvements (e.g., irrigation or drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the grounds being otherwise landscaped.

LANDSCAPED AREA

The part or parts of a lot developed and permanently maintained in grass or other plant materials, which space is open to the sky and is free of all vehicular traffic, parking, loading and outdoor storage.

LANDSCAPING OPERATIONS

Storage of vehicles, equipment and bulk materials related to off-premises landscaping business activity, excluding retail or wholesale sale on the premises.

LARGE TRACT DEVELOPMENT

A development on a large tract development lot of one or more buildings of up to 85 feet in height containing not less than 200,000 square feet of gross floor area for the purposes set forth in § 650-18A(35).

LARGE TRACT DEVELOPMENT LOT

A parcel of land including 90 or more acres under common ownership.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic system that is structurally mounted on the ground, is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.

LIGHT MANUFACTURING

Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, vibration or similar objectionable features are confined to the premises.

LOT

A single tract of land in identical ownership throughout with definite boundaries ascertainable through a recorded plan or deed.

LOT COVERAGE

The area of a lot covered by all structures, areas used by vehicular traffic and parking, including driveways, loading bays and maneuvering aisles, whether paved, unpaved or graveled, and of all impermeable areas such as paved walkways or outdoor storage areas, but not including gravel walkways or pedestrian areas not adjacent to parking lots or buildings. Areas not included in lot coverage shall be landscaped areas. For purpose of lots exclusively in residential use, lot coverage shall not include any outdoor recreational facility for the tenants, such as but not limited to a swimming pool, tennis court, garden shed, patio or similar facility.

LOT COVERAGE

The area of a lot covered by all structures, areas used by vehicular traffic and parking, including driveways, loading bays and maneuvering aisles, whether paved, unpaved or graveled, and of all impermeable areas such as paved walkways or outdoor storage areas, but not including gravel walkways or pedestrian areas not adjacent to parking lots or buildings. Areas not included in "lot coverage" shall be landscaped and natural areas.

LOT LINE

The established division line between lots or between a lot and a street.

LOT LINE, FRONT

All dividing lines between a street and the lot shall be considered "front lot lines".

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 lot line.

LOT LINE, SIDE

The line or lines bounding a lot which extend from the street toward the rear in a direction approximately perpendicular to the street. In the case of corner lots or through lots, all lines extending from streets shall be considered "side lot lines".

MANUFACTURING

The use of land or buildings for fabrication or assembly requiring chemical reduction, metal stamping and similar activities as primary uses.

MARIJUANA ACCESSORIES

Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, injecting, inhaling or otherwise introducing marijuana or cannabis into the body.

MARIJUANA ACCESSORIES RETAIL

A retail business open to the public where an entity sells marijuana or cannabis accessories to consumers.

MARIJUANA ESTABLISHMENT

A licensed marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licenses marijuana-related business, except a medical marijuana treatment center.

MARIJUANA-INFUSED PRODUCT (MIP)

A product infused with marijuana that is intended for use or consumption, including but not limited to edible products, ointments, aerosols, oils, and tinctures. These products, when created or sold by a medical marijuana treatment center business, shall not be considered a food or a drug as defined in MGL c. 94, § 1.

MEDICAL AND/OR ADULT USE MARIJUANA CULTIVATOR

An entity licensed and registered under 105 CMR 725.100 and/or 935 CMR 500.000, as amended, to cultivate, process and package marijuana, to deliver to medical marijuana treatment centers and/or to other marijuana establishments, but not to consumers.

MEDICAL AND/OR ADULT USE MARIJUANA INDEPENDENT TESTING LABORATORY

A laboratory that is licensed by the Cannabis Control Commission and is (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission, (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test, and (iii) qualified to test marijuana in compliance with 105 CMR 725.031 and MGL c. 94C, § 34 and/or 935 CMR 500.160 and MGL c. 94G, § 34.

MEDICAL AND/OR ADULT USE MARIJUANA PRODUCT MANUFACTURER

An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and/or to medical marijuana treatment centers, but not to consumers.

MEDICAL AND/OR ADULT USE MARIJUANA TRANSPORTER

An entity, not otherwise licensed by the Cannabis Commission, that is licensed to purchase, obtain, and possess marijuana and marijuana products solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments and/or to medical marijuana treatment centers, not for sale to consumers.

MEDICAL MARIJUANA

All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. The term also includes MIPs except where the context clearly indicates otherwise.

MEDICAL MARIJUANA TREATMENT CENTER

Refers to the site(s) of dispensing, cultivation, and preparation of marijuana; shall mean a not-for-profit entity or a for-profit entity registered under 105 CMR 725.100 and known thereunder as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes [including development of related products, such as edible marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments], transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers; and shall be subject to the regulations under § 650-32: Medical marijuana treatment centers; adult use marijuana retail; marijuana accessories retail; medical and/or adult use marijuana cultivator; independent testing laboratory product manufacturer or transporter of this chapter.

MEDICAL OFFICE/CLINIC

Buildings or portions thereof used by or for licensed physicians and other licensed healthcare practitioners, with the necessary support staff, which is designed, intended or used for providing, on a less than twenty-four-hour basis, medical services, including but not limited to urgent care for the treatment of injuries or illness, laboratory testing, x-rays, mental health services and occupational health services, but, however, not including internal surgical care, dental clinics, narcotic detoxification and/or maintenance facilities, and medical marijuana treatment centers. For any such use exceeding 5,000 square feet of space, a special permit shall be required in any district where such use is not prohibited.

MEDICAL USE OF MARIJUANA

The acquisition, cultivation, possession, processing [including development of related products such as marijuana-infused products (MIPs) that are to be consumed by eating or drinking, tinctures, aerosols, oils, or ointments], transfer, transport, sale, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.

MIXED USE

(1) A combination of permitted (Y) or special permit (SP) residential/business uses as listed in § 650-17: Table of Uses, for a particular zoning district, located on the same lot and arranged vertically in multiple stories of a structure or horizontally adjacent to one another in one or more buildings.

(2) The mix of uses shall be balanced and compatible and shall contribute to a vibrant downtown atmosphere, including a combination of ground floor street front uses, such as retail or restaurant.

(3) Ground floors of buildings fronting streets or public accessways shall be reserved for nonresidential uses, except as specified below. Dwelling units shall be allowed on ground floors of buildings if:

(a) The building is set behind another building that has commercial uses on the ground floor; or

(b) The residential portion of the ground floor of a building is set behind street front nonresidential uses within the same building.

MOBILE HOME

Any vehicle or object, whether resting on wheels, jacks or other foundation and having no motive power of its own, but which is drawn by or used in connection with a motor vehicle and which is so designed and constructed as a dwelling unit which permits its transportation and relocation as a complete unit on its own wheels. It shall contain complete electrical, plumbing and sanitary facilities and shall be installed on a permanent foundation for permanent living quarters. This shall not include the type of vehicle known as a "travel trailer" or "travel coach," nor shall it include any other prefabricated dwelling unit which contains detachable parts equal to or greater than 50% of the floor area of the total dwelling unit.

MOBILE HOME PARK

A lot under single ownership which has been planned and improved for the placement of mobile homes for nontransient use.

MOTEL

An establishment providing lodging for guests on a short-term basis; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is directly from parking spaces or by an exterior walkway.

MOTOR VEHICLE TRIP

Use of one motor vehicle by one or more persons which either begins or ends (regardless of the duration of parking or standing) on a lot or at a use or establishment.

MULTIFAMILY DWELLING

A dwelling, including single-family attached units, designed for or occupied by three or more families.

NARCOTIC DETOXIFICATION AND/OR MAINTENANCE FACILITY

A nonresidential drug treatment program that assists individuals addicted to drugs by administration of a substitute drug. Any facility that dispenses, prescribes, administers, allocates, delivers, hands out, or uses in any way a substitute drug, with or without providing other treatment services, shall be deemed a "narcotic detoxification and/or maintenance facility" and subject to the regulations under § 650-31: Narcotic detoxification and/or maintenance facilities of this chapter.

NIH GUIDELINES

The following: Guidelines for Research Involving Recombinant DNA Molecules promulgated by the National Institutes of Health (NIH) of the United States Department of Health and Human Services and published in the Federal Register, Vol. 51, No. 88, on May 7, 1986, as may be amended by the NIH.

NONCONFORMING USE

The use of any building or land lawfully occupied at the time of the passage of this chapter which does not conform to the regulations of the district in which it is located.

OFFICES AND PROFESSIONAL OFFICES

A building or portion thereof wherein services performed are predominantly administrative, professional or clerical operations.

OPEN SPACE DEVELOPMENT

A development permitted under the section of the Zoning Ordinance entitled "open space developments," § 650-28: Open space developments, and consisting of residential lots in which the houses are in one or more groups on the site, separated from each other and from adjacent properties by permanently protected open space.

OPEN STORAGE

The storage in the open for use or sale of bulky items such as lumber, stone, gravel, cement and similar merchandise including contractor's equipment.

OUTDOOR STORAGE

The storage in the open of any material that is incidental to the primary use on the premises, excluding any activities related to resale. Outdoor storage shall not include either a contractor's yard or a landscape contractor's yard.

PERSON

An individual, nonprofit entity, or for-profit entity.

PLANTING AREA

The part or parts of a lot developed and permanently maintained in plant materials, which space is open to the sky and is free of all vehicular traffic, parking, loading and outdoor storage.

POULTRY FARM

A farm with a flock of more than 50 birds.

PRINCIPAL BUILDING

A building in which the primary use of the lot on which the building is located in conducted.

PRINCIPAL USE

The main use of land or structures on a lot, as determined by the Building Commissioner.

PRIVATE CLUB, NONPROFIT

Buildings or facilities owned or operated by a corporation, association or persons for a social, educational or recreational purpose but not for profit; excludes synagogues, churches, mosques or other houses of worship.

PRIVATE INDOOR RECREATION

Sports or leisure-time activities or facilities which are operated by a private entity and which occur within a building.

PRIVATE OUTDOOR RECREATION

Sports or leisure time activities or facilities which are operated by a private entity and which occur principally outside of a building.

PROJECT

Same as "development."

PUBLIC INDOOR RECREATION

Sports or leisure time activities or facilities which are operated by a public agency and which occur within a building.

PUBLIC OUTDOOR RECREATION

Sports or leisure-time activities or facilities which are operated by a public agency and which occur principally outside of a building.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).

RDNA

See "DNA" and "Recombinant DNA."

RECHARGE AREA

Any point of groundwater and/or surface water which leads to the public water supply.

RECOMBINANT DNA, RDNA, RECOMBINANT DNA MOLECULES

Either:
(1) Molecules which are constructed outside living cells by joining natural or synthetic DNA segments to DNA molecules that can replicate in a living cell; or

(2) DNA molecules which result from the replication of a molecule described in Subsection (1) above.

RECORDING STUDIO/LIVE/WORK SPACE

The use of all or a portion of a structure for both habitation and work by persons engaged in sound recording and mixing, which studio may be used to record musicians, voice-over artists for advertisements or dialogue replacement in film, television or animation, or to record their accompanying musical soundtracks, to be stored on tapes, records, compact discs, computers or other storage devices.

REDEVELOPED LOT; REDEVELOPMENT

When the building or site undergoes a change of use or is enlarged by more than 10% of the floor or ground areas of use or when any new principal building is built on the site or when any new building, addition, alteration or change of use requires a parking increase of five or more spaces.

RETAIL LOT

A parcel of land comprising a single lot or contiguous lots not separated by a public way, which parcel is adjacent to a development lot on which a shopping mall is located. All of such parcel shall be within 3,000 feet of the development lot on which such shopping mall is located.

RETAIL SALES AND SERVICES

Establishments offering goods and services, not specifically listed in the Table of Uses, to the public. Sales of a wide variety of goods and services include, but are not limited to: antiques, apparel, books, food, drugstore, sporting goods, and similar; custom services such as tailoring, photography, framing and similar; and services such as insurance, optometry, banks; dry-cleaning and laundry dropoff stations; hairdressers and barbers; health clubs, gyms, dance or yoga studios; repair services for appliances, shoes, etc.; catering and similar. Retail sales and services do not include adult entertainment, check-cashing services, pawn shops, gold exchange shops, medical marijuana facilities or drug treatment facilities.

RETIREMENT COMMUNITY - DETACHED AND TOWNHOMES

A community consisting of detached or attached (only alongside walls in so-called "townhouse" style) structures, constructed expressly for use as housing for persons aged 55 or over, on one parcel or on contiguous parcels of land, subject to the provisions of MGL c. 151B, § 4, as amended.

RETIREMENT COMMUNITY - MULTIFAMILY

A community consisting of a single multiple-unit structure constructed expressly for use as housing for persons aged 55 or over, on one parcel or on contiguous parcels of land, subject to the provisions of MGL c. 151B, § 4, as amended.

ROOMING HOUSE

See "boardinghouse or lodging house."

ROOMING UNIT

See "boarding or lodging unit."

SALESROOM

A building or part of a building for retail or wholesale display and/or sale.

SELF-SERVICE STORAGE FACILITY

A building, group of buildings or other structure, whether permanent or temporary, having compartments, rooms, spaces, containers or other type of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property, and where the facility owner/operator has limited access to the units. A self-service storage facility shall be considered synonymous with a self-storage facility, self-storage warehouse, mini-warehouse and mini-storage.

SEMIDETACHED DWELLING

A building that has two single-family dwelling units placed side by side and separated by a solid party wall from basement floor to roof boards.

SETBACK

The minimum horizontal distance between the street or way line and the line of the building.

SHOPPING MALL

A concentration of retail stores and service establishments, including, without limitation, one or more restaurants, movie theaters, and such other uses customarily found in a regional shopping mall, within an enclosed structure (which may consist of several buildings) containing not less than 250,000 square feet of gross floor area and located on a development lot of no less than 20 acres, with a unified approach to ingress and egress, parking, truck loading, vehicular entrances and exits, drainage and utilities. Utility buildings and structures serving the shopping mall may be located outside of the enclosed structure.

SINGLE-FAMILY DWELLING

A detached dwelling unit, other than a mobile home, designed for or occupied by not more than one family.

SINGLE-FAMILY ZERO-LOT-LINE DWELLING

A single-family dwelling where a side yard need not be provided on that side of the dwelling that shares a party wall or double wall with an adjacent dwelling.

SITE PLAN REVIEW

Review by site plan review conducted administratively in accordance with the procedures as governed by § 270-2: Site plan review and approval of the Code of the City of Marlborough and this section.

SMALL LOT

A lot of land, as defined herein, existing at the time of the publication of this chapter, and which does not exceed three acres in total area.

SOLAR PHOTOVOLTAIC ARRAY

An arrangement of solar photovoltaic panels.

SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic array that is constructed at a location where other allowable uses of the underlying property may occur.

SPECIAL CARE RESIDENCE

A separate and distinct section within an assisted living facility, and comprising no more than 30% of its residence units, that provides an enhanced level of supports and services for one or more of its residents to address their specialized needs due to cognitive or other impairments.

STORY

That part of a building between any floor and the floor or roof next above. In the case of the top floor, the area may meet the definition of a "half story" as indicated in this section. In the case where a building is not divided into stories, a "story" shall be considered 15 feet in height. Steeples, cupolas, stage lofts, mechanical equipment, etc., shall not be considered as additional "stories." A basement or cellar, the ceiling of which extends more than six feet above the adjacent average finished grade, shall be considered a "story" within the meaning of this chapter.

STORY, FIRST

The lowest story, the ceiling of which is six feet or more above the level of the adjacent average finished grade. In determining the height of any building by stories, the stories thereof beginning with such first story shall be numbered upward.

STORY, HALF

That part of a building under a sloping roof in which the intersection of the bottom of the rafters with the interior faces of the outside walls is six feet or less on average above the floor level.

STRUCTURE

Anything constructed or erected which requires location on the ground, or is attached to something having location on the ground, including signs and billboards over 12 square feet in area, but not including fences.

TASTING ROOM

A room attached to either a winery, brewery, or distillery, and permitted as an accessory use thereto, that allows patrons to sample or consume wine, beer, and other alcoholic beverages that are produced on the premises in accordance with MGL c. 138. A tasting room is not to exceed 25% of the gross square footage of the winery, brewery, or distillery.

TATTOO AND BODY PIERCING PARLORS/SHOPS

Any establishment, place of business which has or does for commercial or business purposes cause to have any part of the human body pierced, marked, tattooed except for earlobes for the insertion of earrings.

TOURIST HOME

Home providing "bed-and-breakfast" as commonly used in the tourist industry.

TOWER

Any equipment-mounting structure that is used primarily to support reception or transmission equipment and that measures 12 feet or more in its longest vertical dimension. The term "tower" includes, but is not limited to, monopole and lattice towers.

TOXIC OR HAZARDOUS MATERIALS

Any substance or mixture of such physical, chemical or infectious characteristics in sufficient quantity as to pose, in the opinion of the Board of Health, a significant actual or potential hazard to water supplies if such substance or mixture were discharged to the land or waters of this City. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids or alkalies and include products such as pesticides, herbicides, solvents and thinners.

TRIBUTARY

A body of running water, including a river, stream, brook and creek, and intermittent stream which moves in a definite channel in the ground due to a hydraulic gradient and which flows ultimately into a reservoir in the watershed, as determined by reference to the most recent edition of the United States Geologic Survey maps or any other map determined to be more accurate. A tributary shall include the land over which the water therein runs and the banks thereto.

TWO-FAMILY HOUSE

A dwelling designed for or occupied by two families with two, but not more than two, separate housekeeping units.

VEGETATED BUFFER ZONE

An area between the wetland and the upland which is to be kept vegetated to allow for the protection of the adjacent bordering vegetated wetland, bank and land under water, as defined by MGL c. 131, § 40. The buffer zone shall be measured from the edge of the wetland area into the upland area. The buffer zone shall not be measured from the floodplain or isolated land subject to flooding.

VETERINARY HOSPITAL

A building for the care and treatment of animals, including facilities for testing, surgical and extended care.

WAREHOUSE

A building used primarily for the storage of goods and material.

WHOLESALE SALE

The sale of goods in large quantities.

WINERY, BREWERY, OR DISTILLERY WITH TASTING ROOM

A facility licensed under, respectively, MGL c. 138, §§ 19B, 19C and 19E, and which is located in a building where the primary use is for the production and distribution of vinous, malt, or spirituous beverages, with the option of a tasting room. Any such facility may provide, either for a fee or at no charge and limited in size as set forth in MGL c. 138, samples of beverages it manufactures on its premises and for this purpose shall have a Commonwealth of Massachusetts issued Farmer Series Pouring Permit. The facility may host marketing events, special events, and/or factory tours. The facility may only sell beverages produced by, and commercial goods branded by, the winery, brewery, or distillery. The facility may sell permitted beverages to consumers for consumption off premises. The facility may have a restaurant or serve food prepared on site, but shall comply with all applicable Board of Health requirements for kitchens and common victualler licenses; provided, however, that in such a case only beer, spirit or wine products manufactured by the facility, and none by other manufacturers, may be sold, unless an on-premises pouring license has been obtained under MGL c. 138, § 12. Nothing contained herein shall prohibit the facility from having a bring-your-own-food policy.

WIRELESS COMMUNICATION FACILITIES

Any and all materials, equipment, storage structures, towers, dishes and antennas, other than customer premises equipment, used by a commercial telecommunications carrier to provide telecommunications services. This definition does not include facilities used by a federally licensed amateur radio operator or facilities which are accessory to the use of a business or building and are for the exclusive use of the owner of the building or the tenant.

YARD

An unoccupied space, open to the sky, on the same lot with the building or structure.

YARD, FRONT

A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building or structure.

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 or structure.

YARD, SIDE

A yard extending between the side lot line of the lot and the nearest line of the principal building or structure and then 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.

City of Marlborough, MA

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