For the purpose of this bylaw certain terms and words shall
have the following meanings. Words used in the present tense include
the future; the singular number includes the plural; the plural the
singular; the words "used" or "occupied" include the words "designed,"
"arranged," "intended," or "offered," to be used or occupied; the
words "building," "structure," "lot," "land," or "premises" shall
be construed as though followed by the words "or any portion thereof";
and the word "shall" is always mandatory and not merely directory.
Terms and words not defined herein but defined in the Sharon Subdivision
Rules and Regulations and the State Building Code shall have the meanings
given therein unless a contrary intention clearly appears.
A building or structure devoted exclusively to an accessory
use as herein defined, and not attached to a principal building by
any roofed structure.
A use customary and incidental to, and on the same lot as,
a principal use.
A "Social Day Care (SDC) Program" or "Adult Day Health" Program
as those terms are defined by the Commonwealth's Executive Office
of Elder Affairs (EOEA), serving not more than 15 persons.
For the purposes of § 7.1, the following definitions shall apply:
ADULT USEAdult bookstores, adult cabarets, adult motion-picture theaters, adult paraphernalia stores and adult video stores, or a combination thereof operated as a single business, or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or excitement as defined in MGL c. 272, § 31, and as defined in this bylaw. For purposes of interpreting the definition of "adult use" as defined by this bylaw, "regular or regularly" shall mean a consistent, ongoing and substantial course of conduct, such that the films, performances or business activities so described constitute a significant and substantial portion of the films, performances or business activities offered as a part of the ongoing business of the sexually oriented business. For purposes of this bylaw, "significant or substantial" shall mean more than 25% of the subject establishment's inventory of stock or more than 25% of the subject premises' gross floor area.
ADULT BOOKSTOREAn 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 CABARETA nightclub, 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 MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATERAn enclosed building or any portion thereof regularly used for presenting material (motion-picture films, videocassettes, cable television, slides or any other such visual media) distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STOREAn 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 activity, including sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade, for sale or rent, motion-picture films, video cassettes and similar audio/visual media, 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.
For the purposes of § 8.6, the following definitions shall apply:
AFFORDABLE HOMEOWNERSHIP UNITAn affordable housing unit required to be sold to an eligible household.
AFFORDABLE HOUSINGHousing that is affordable to and occupied by eligible households. The unit must be approvable to be added to the subsidized housing inventory (SHI) pursuant to MGL c. 40B. Units must be approved through the Local Action Unit (LAU) program of the Massachusetts Department of Housing and Community Development, if not filed as part of a 40B comprehensive permit filing.
AFFORDABLE HOUSING RESTRICTIONA deed restriction of affordable housing meeting statutory requirements in MGL c. 184, § 31, and the requirements of this bylaw.
AFFORDABLE RENTAL UNITAn affordable housing unit required to be rented to an eligible household.
ELIGIBLE HOUSEHOLDAn individual or household whose annual income is less than 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
For the purposes of § 8.7, the following definitions shall apply:
AFFORDABLE HOUSINGHousing that is affordable to and occupied by eligible households. The unit must be approvable to be added to the subsidized housing inventory (SHI) pursuant to MGL c. 40B. Units must be approved through the local action unit (LAU) program of the Massachusetts Department of Housing and Community Development.[1]
A device for transmitting or receiving electromagnetic waves,
which is attached to a tower or other structure. Examples include,
but are not limited to, whip, panel, and dish antenna(s).
An apartment (or flat) is a self-contained dwelling unit
that occupies only part of a larger building that may contain one
or more additional apartments, nonresidential uses, or both. Apartments
may be owned (by an owner-occupier) or rented (by tenants).
A place devoted to the display and sale of objects of art.
Working place of an artist or a place for the study of art.
A story with at least 40% of its height below finished grade.
However, for purposes of determining compliance with the height limit
requirements of this bylaw, a basement shall not be considered a story
unless its ceiling is five feet or more above the average finished
grade abutting the building.
The providing of room and breakfast in a dwelling to not
more than three transient guests for remuneration. There shall be
no more than two persons per room. There shall be adequate off-street
parking for residents and guests.
Any area in a dwelling unit which is or could be used for
the provision of private sleeping accommodations for residents of
the premises, whether such area is designated as a bedroom, guestroom,
maid's room, dressing room, den, study, library, or by another
name. Any room intended for regular use by all occupants of the dwelling
unit, such as a living room, dining area or kitchen, shall not be
considered a bedroom, nor shall bathrooms, halls or closets having
no horizontal dimension over six feet.
An individual other than a family member occupying a dwelling
unit who, for consideration, is furnished sleeping accommodations,
meals, and may be provided personal care or other services, but excluding
guests at a bed and breakfast.
The practice of physical adornment by permitted establishments
and practitioners using, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding, and scarification.
This definition does not include practices that are considered medical
procedures by the Board of Registration in Medicine in the Commonwealth,
such as implants under the skin which shall not be performed in a
body art establishment.
The aggregate of the maximum horizontal cross-section area
of all buildings on a lot, exclusive of cornices, eaves, gutters,
chimneys, unenclosed porches, bay windows, balconies and terraces,
expressed as a percentage of total lot area.
A building having any portion of one or more walls in common
with adjoining buildings.
A building surrounded by open space on the same lot.
A building in which is conducted the principal use of the
lot on which it is located.
A project located entirely within Business District D having
frontage on a way comprised of one or more contiguous lots and business
parcels with provisions as may be required for permanent easements
running with the land, a master deed and condominium, or other mechanism
acceptable to the Zoning Board of Appeals sufficient to ensure vital
access and utility service to each lot and business parcel.
[Amended 11-30-2023 STM by Art. 5]
A tract of land located entirely within a Business District
D Development with provisions for vital access and utility services
that is suitable as a site for one or more principal buildings.
[Added 11-30-2023 STM by Art. 5]
A child care center or school age child care program as those
terms are defined in MGL c. 15D, § 1A.
A vehicle registered for commercial use.
A driveway serving more than one lot.
Wood that has been cut into uniform lengths, used especially
as firewood.
Shop for the fabrication, alteration or maintenance of hand-portable
goods and household furnishings, such as cabinet makers, upholsterers,
etc., to be delivered on the premises, 1) that at least 25% of the
floor area of such a permitted shop is devoted to retail sales; 2)
that all such work is done directly for the ultimate consumer; 3)
that no motor in excess of 10 horsepower is used.
The accidental or intentional spilling, leaking, pumping,
pouring, emitting, emptying or dumping of toxic or hazardous materials
upon or into any land or water in the Town of Sharon. Discharge includes,
without limitation, leakage of such materials from failed or discarded
containers or storage system and disposal of such materials into any
on-site sewage disposal system, dry well, catch basin or unapproved
landfill. The term "discharge" shall not include the following:
Proper disposal of any material in a sanitary or industrial
landfill that has received and maintained all necessary legal approvals
for that purpose;
Application of fertilizers and pesticides in accordance with
label recommendations and with regulations of the Massachusetts Pesticide
Control Board;
Application of road salts in conformance with snow control programs
of the Massachusetts Department of Transportation; and
Disposal of sanitary sewage to subsurface sewage disposals systems
as defined and permitted by Title V of the Massachusetts Environmental
Code and the Town of Sharon Board of Health regulations.
A building containing sleeping rooms, dining rooms, common
rooms, and accessory facilities intended exclusively for the use of
students of an educational institution, having been constructed or
converted by that institution or with its specific authorization.
A facility located on one side of a building through which
customers receive services, food or merchandise while remaining in
their motor vehicles.
A building designed exclusively for residential occupancy,
including one-family, two-family and multiple residences, but not
including hotels or boardinghouses.
DWELLING, MULTIFAMILYA detached residential building containing at least three dwelling units.
DWELLING, SINGLE-FAMILYA detached residential building intended and designed to be occupied by a single family.
DWELLING, TWO-FAMILYA residential building intended and designed to be occupied by two families.
DWELLING UNITAn area within a dwelling consisting of one or more rooms, providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including rooms for living, sleeping and eating.
Services and facilities offered by public utility or governmental
agency by the erection, construction, alteration, or maintenance of
underground or overhead gas, electrical, steam, or water transmission
or distribution systems and structures, excluding power plants or
transfer stations. Facilities necessary for the provisions of essential
services include poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
and other similar equipment and accessories in connection therewith.
Specifically excluded from this definition are municipal, state, or
federal services and facilities.
An accessory use as defined in MGL c. 15D, § 1A.
An accessory use as defined in MGL c. 15D, § 1A.
The gross floor area (as defined below) of all buildings
on a lot divided by the lot area (as defined below).
That area of a structure satisfying the requirements for
a habitable room in the Minimum Standards of Fitness for Human Habitation
of the Massachusetts Department of Public Health (Article II of the
State Sanitary Code).
Facility for the conducting of funerals and related activities
such as embalming or cremation.
A building, a part of a building, or a group of buildings,
other than a private garage, made up of units containing provisions
for not more than two motor vehicles in each unit, in which motor
vehicles are kept and taken care of by their respective owners, who
are either tenants or owners of each unit in which their motor vehicles
are kept, all said motor vehicles being solely for private or professional
use, and not for sale, rent, hire, exhibition or demonstration purposes.
A building or part of a building in which one or more vehicles
are kept for private or professional use, and in which no motor vehicles
are kept for sale, rent, hire, exhibition or demonstration purposes.
Any building or part of a building in which motor vehicles
are kept other than a private garage or group garage. A salesroom
or showroom for motor vehicles shall be regarded as a public garage
if any motor vehicle is kept in such room with gasoline in its tank.
Shop for lawn mower or small appliance repair, upholstery
or furniture repair, bicycle repair person, printer, blacksmith, builder,
carpenter, caterer, electrician, lawn mower service person, mason,
painter, plumber or roofer.
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches or attics not used for human
occupancy, or any floor space in accessory buildings or in the main
building intended and designed for the parking of motor vehicles in
order to meet but not exceed the parking requirements of this bylaw,
or any such floor space intended and designed for accessory heating
and ventilating equipment.
The total floor area reserved for tenant occupancy and exclusive
use of a business, measured from centerlines of joint partitions and
from the exterior faces of external walls. As in "gross floor area,"
it does not include cellars, etc.
May include urgent care services, primary care services,
specialist services, clinics, outpatient facilities, diagnostic and
lab services, day surgery, rehabilitation and sports medicine, mental
health, and similar medical services provided that no overnight patient
beds are provided.
The vertical distance of the highest point of the roof beams
above the mean grade of the curb or of the street surface at the centerline
of the highest adjoining street, or the mean grade of the ground adjoining
the building if such building does not lie nearer than 12 feet to
a street line. The limitations as to building height in feet shall
not apply to such nonresidential accessories as chimneys, ventilators,
skylights, tanks, bulkheads, penthouses and other accessory features
which are required or are customarily carried above roofs, nor to
towers, spires, domes, cupolas and ornamental features of churches
and other buildings, if such features are not used for living purposes.
The vertical distance between the highest point of the structure,
other than a building, including any devices attached thereto, and
the grade.
An accessory activity carried on by only the permanent resident of a dwelling, inside the principal building, requiring only customary home or hobby type equipment and no physical evidence of which is observable from outside the building. See § 3.4.
A building housing a facility or institution licensed to
provide short-term acute in-patient and/or outpatient medical and/or
surgical care; not to include a doctor's office.
A building designed for occupancy as the temporary residence
of transient tourists who are lodged with or without meals, and in
which no provision shall be made for cooking in any individual room
or suite.
Any surface impenetrable by surface water, or having a percolation
rate longer than 30 minutes per inch.
An area or parcel of land or any part thereof in individual,
joint or common ownership, or in ownership by the entirety, which
is designated on a plan as a separate lot and which has boundaries
identical with those on a plan recorded in the county registry of
deeds or Land Court.
LOT AREAThe horizontal area of the lot, exclusive of any area in a street or recorded way open or proposed to be open to public use. For lots created subsequent to the adoption of this provision, at least 90% of the lot area required for zoning compliance shall be land other than that under any body of water, including watercourses, or any bog, swamp, wet meadow or marsh, as defined in MGL c. 131, § 40, to be determined by the Inspector of Buildings, following consultation with the Conservation Commission.
LOT, CORNERA lot fronting on the street lines of two intersecting streets, which street lines form an interior angle of 120° or less; or a lot located on a bend in a street where the street line bends so as to form an interior angle of 120° or less; or a lot on a curve in a street, or on a curve at the intersection of two streets, where two lines tangent to the street line at the intersection of each sideline of the lot with the street lines, if prolonged towards the curve, form an interior angle of 120° or less.
LOT COVERAGEThe percent of lot area covered by any impervious surface.
LOT, INTERIORAny lot or part of a plot other than a corner lot.
Construction, exterior alteration or exterior expansion of,
or change of use within, a municipal, institutional, commercial, industrial,
or residential structure with 50 or more dwelling units with 25,000
square feet or more of gross floor area.
[Amended 11-30-2023 STM by Art. 5]
A use engaged in the basic processing and manufacturing of
materials, or the manufacture from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales and distribution
of such products, but excluding the following: acid manufacture; cement,
bituminous concrete or asphalt manufacture; lime, gypsum or plaster
of paris manufacture; production of chlorine or similar noxious gases;
distillation of bones; drop-forge industries manufacturing forging
with power hammers; manufacture or storage of explosives in bulk quantities;
fertilizer manufacture; garbage, offal, or dead animal reduction or
dumping; glue manufacture; hair manufacture; petroleum refining; processing
of sauerkraut, vinegar or yeast; rendering or refining of fats or
oils; smelting of tin, copper, zinc or iron ore, including blast furnace
or blooming mill; stockyard or feeding pen; slaughter of animals,
not including the killing of fowl.
Light industry or light manufacturing. Includes the following
(with related offices): a) assembly of previously prepared or manufactured
parts; b) machine shops or other metal working; c) printing and graphic
arts establishments; d) manufacture, compounding, processing, packaging,
stamping or treatment of such products as candy, cosmetics, drugs,
perfumes, pharmaceutical and biotechnical, toiletries and food products,
and wood, but not including the rendering of fats or oils.
For the purposes of § 7.3, the following definitions shall apply:
MARIJUANA ESTABLISHMENTA marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
REGISTERED MARIJUANA DISPENSARY (RMD)A building or structure used for a medical marijuana treatment center approved and licensed by the Massachusetts Department of Public Health pursuant to 105 CMR 725.000, owned and operated by a not-for-profit or for-profit entity registered under 105 CMR 725.100, that acquires, cultivates, possesses, processes (including development of related products such as marijuana-infused products, 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. Unless otherwise specified, "RMD" refers to the site(s) of dispensing, cultivation and preparation of marijuana.
A facility as defined in 105 CMR 145.020, including a mobile
clinic and urgent care facility.
A building designed and used as an office by physicians,
dentists, or psychotherapists for the diagnosis and treatment of human
patients that does not include overnight care facilities or licensing
as a clinic.
A building intended and designed to be used for at least
two different permitted uses—one residential, the other nonresidential—as
allowed in this bylaw.
Any vehicle or object, which is drawn by or used in connection
with a motor vehicle, and which is so designed and constructed or
reconstructed or added to by means of such accessories as to permit
the use and occupancy thereof for human habitation, whether resting
on wheels, jacks or other foundations. The term "mobile home" includes
the type of vehicle or modular construction commonly known as a mobile
home, containing complete electrical, plumbing, and sanitary facilities
and designed to be installed on a temporary or permanent foundation
for permanent living quarters.
Any vehicle self propelled by a battery-powered, electric
or internal combustion engine, which are permitted and requires a
valid registration legally issued by a governmental authority in order
to be operated on a public way. A motor vehicle shall include but
not be limited to automobiles, trucks, buses, motor homes, motorized
campers, motorcycles, motor scooters, tractors.
A building or premises used for the dispensing, sales or
offering for sale of motor fuels directly to users of motor vehicles.
Other sales activities and any repairs shall be activities minor in
scope and clearly subordinate to the sale of motor fuels, oils and
lubricants. No drive-through facilities are permitted without further
zoning relief.
A building or part of a building in which structural repairs
are made to motor vehicles, or a repair shop in a garage or other
building in which machinery is used. An automobile school or a motor
vehicle auto body or paint shop shall be regarded as a motor vehicle
repair shop.
A building containing three or more dwelling units. Also
known as a "multifamily dwelling," "garden apartment," "townhouse,"
or "condominium."
System on land owned by the Town of Sharon, other than land
under the control of the Sharon Conservation Commission; provided,
however, such use is permitted only on a parcel consisting of two
or more acres. Parcels separated by a road shall be considered adjacent
for purposes of this definition. Municipal commercial solar energy
systems permitted under this definition shall be exempt from lot coverage,
natural vegetation and impervious surface requirements as otherwise
set forth in this bylaw.
Facility on land owned by a municipal body, other than land
under the control of the Sharon Conservation Commission; provided,
however, such use is permitted only on a parcel consisting of two
or more acres and which parcel is adjacent to existing municipal recreation
or park uses. Parcels separated by a road shall be considered adjacent
for purposes of this definition.
Land having a well-established cover of thatch, mulch or
leaves, characterized by a prevalence of native plants requiring minimal
use of fertilizers, herbicides or pesticides and no underground piped
irrigation systems allowed.
A lawfully created structure the use of which, in whole or
in part, does not conform to the regulations of the district in which
the building is located.
A lawfully created use which does not conform to the use
regulations of the district in which such use exists.
A business establishment, which does not offer a product
or merchandise for sale to the public but offers a professional service
to the public. However, general or personal service establishments
are not to be included in the definition of business offices.
A portion of a lot or other area of land associated with
and adjacent to a building or group of buildings in relation to which
it serves to provide light and air, for scenic, recreational or similar
purposes. Such space shall be available for use by the occupants of
the building(s) with which it is associated, and to the general public
as appropriate with respect to the location of the open space on the
lot and the nature of the use. Open space shall include parks, plazas,
playgrounds, lawns, landscaped areas, decorative plantings and pedestrian
ways. Streets, parking lots, driveways, service roads, loading areas,
and areas normally inaccessible to pedestrian circulation shall not
be counted in determining required open space.
Whether as a principal or accessory use, but not including
secondhand goods or parts, nor bulk goods such as lumber or gravel,
provided all outdoor storage and display is screened from side and
rear lot lines in the manner described in this bylaw.
Provided that the storage is appropriately screened in accordance
with all applicable sections of this bylaw.
A surface parking lot, or a structure, providing three or
more parking spaces together with internal islands, dividers, walks,
and landscaping, plus vehicular drives which abut those elements,
but not including other portions of entrance or exit drives.
A facility providing personal services such as hair or nail
salon, barber shop, tanning beds, dry cleaning, print shop, photography
studio, and the like.
A business providing for the diagnosis and treatment of ailment
of animals other than humans, including facilities for indoor overnight
care. Indoor animal day care and grooming facilities are also allowed.
Crematory facilities or outdoor enclosures for animals are prohibited.
Zoning changes for pet care facilities existing prior to May 1, 2023,
are not applicable.
[Added 5-1-2023 ATM by Art. 11]
A social, sports or fraternal nonprofit association or organization
which is used exclusively by members and their guests which may contain
bar facilities.
For the purposes of § 9.5, the following definitions shall apply:
MULTIUSE CLUBHOUSEA facility in one or more buildings grouped around a common parking area that includes a golf clubhouse if the project includes an operational golf course and may include one or more private facilities as follows: a sit-down restaurant, function facility, or gymnasium/health club/fitness center.
PRIMARY ACCESS DRIVEA vehicular and pedestrian access facility, including appurtenant utilities, providing primary access to three or more buildings containing two-family dwellings or to a building containing a multiuse clubhouse or to a parking facility for golf course users or any of the aforesaid.
RECREATION AND RESIDENTIAL OVERLAY DISTRICT PROJECTA project located on one or more contiguous lots of land within the Recreation and Residential Overlay District and developed pursuant to the requirements of § 9.5 with two-family dwellings, a multiuse clubhouse, a golf course, and open space used for active recreation and/or conservation purposes and with uses of land and buildings or dimensional, parking, and loading requirements governed by the provisions of § 9.5.
Indoor public or private commercial sport use or facility
for amusement, leisure, or recreation, theater, motion picture house,
bowling alley, dance hall, pool room, and the like.
Outdoor public or private commercial sport use or facility
for amusement, leisure, or recreation, including boat livery, outdoor
ice skating rink, recreation camp, ski ground, riding academy or stable,
golf driving range, miniature golf course, and the like.
A vehicle designed for recreational use (as in camping).
Laboratory or research establishments including biotechnology
companies, but excluding laboratories categorized as Level 3 and Level
4 by the National Institutes for Health.
An establishment whose primary business is the sale of food
for consumption on or off the premises which is: 1) primarily intended
for immediate consumption rather than for use as an ingredient or
component of meals; 2) available upon a short waiting time; and 3)
packaged or presented in such a manner that it can be readily eaten,
either inside or outside the premises where it is sold.
A facility with more than 10,000 square feet of gross floor
area selling new or used goods to an end user but not otherwise specifically
listed in the Table of Use Regulations.[2]
A facility with less than 10,000 square feet of gross floor
area selling new or used goods to an end user but not otherwise specifically
listed in the Table of Use Regulations.
The land and buildings thereon primarily used for the particular
purpose of selling and servicing manufactured or processed products.
For the purposes of § 8.2, the following definitions shall apply:
ASSISTED LIVING FACILITYA residential development subject to certification by the Executive Office of Elder Affairs under MGL c. 19D and 651 CMR 12.00.
CONTINUING CARE FACILITYA facility regulated by MGL c. 93, § 76.
INDEPENDENT LIVING FACILITYA facility providing apartments for rent, with optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the facility.
LONG TERM CARE FACILITYA facility, including a convalescent or senior housing facility, rest home, infirmary maintained in towns, and charitable homes for the aged, as defined and regulated in 105 CMR 150.001.
SENIOR HOUSINGHousing for persons over the age of 55 subject to the Senior Housing Laws, as defined herein.
SENIOR HOUSING FACILITYAn assisted living facility, continuing care facility, independent living facility, or long term care facility, whether operated as a free-standing facility or in combination with another type of facility on the same lot or adjacent lot in common control.
SENIOR HOUSING LAWSCollectively and separately, the Fair Housing Act, 42 USC § 3607(b), 24 CFR Subtitle B, Ch. 1, 100.300 et seq. and MGL c. 151B, § 4.
For the purposes of § 9.4, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this section. To the extent that there is any conflict between the definitions set forth in this section and the Enabling Laws, the terms of the Enabling Laws shall govern.
AFFORDABLE HOMEOWNERSHIP UNITAn affordable housing unit required to be sold to an eligible household.
AFFORDABLE HOUSINGHousing that is affordable to and occupied by eligible households.
AFFORDABLE HOUSING RESTRICTIONA deed restriction of affordable housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of § 9.4.4.
AFFORDABLE RENTAL UNITAn affordable housing unit required to be rented to an eligible household.
AS-OF-RIGHT PROJECT OR PROJECTA residential development allowed under § 9.4 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.
ASSISTED LIVING FACILITYA residential development subject to certification by the Executive Office of Elder Affairs under MGL c. 19D and 651 CMR 12.00.
DESIGN STANDARDSSee § 9.4.13.
DEVELOPMENT PROJECTA residential development undertaken within the SCSGOD. A development project shall be identified on a site plan which is submitted to the plan approval authority for site plan review in accordance with the requirements of § 9.4.
DHCDThe Department of Housing and Community Development of the Commonwealth of Massachusetts or any successor agency.
ELIGIBLE HOUSEHOLDAn individual or household whose annual income is less than 80% of the area-wide median income as determined by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
ENABLING LAWSMGL c. 40R and 760 CMR 59.00.
MULTIFAMILY USEDwelling containing four or more dwelling units.
PLAN APPROVALStandards and criteria which a project in the SCSGOD must meet under the procedures established herein and in the enabling laws.
PLAN APPROVAL AUTHORITY (PAA)For purposes of reviewing project applications and issuing decisions on development projects within the SCSGOD, the PAA, consistent with MGL c. 40R and 760 CMR 59.00, shall be the Zoning Board of Appeals. The PAA is authorized to approve a site plan to implement a project.
SITE PLANA plan depicting a proposed development project for all or a portion of the SCSGOD and which is submitted to the PAA for its review and approval in accordance with provisions of this bylaw.
TOWNHOUSE USEA dwelling containing two or three dwelling units.
An intermodal freight container, that is, a container designed
to be moved from one mode of transport to another without unloading
and reloading.
For the purposes of § 3.5, the following definitions shall apply:
[Added 5-1-2023 ATM by
Art. 26]
BED AND BREAKFASTA bed and breakfast establishment is a private owner-occupied house where four or more rooms are rented, a breakfast is included in the rent and all accommodations are reserved in advance. A bed and breakfast establishment, as defined above, requires registration with Massachusetts Department of Revenue (DOR). A bed and breakfast home is defined as a private owner-occupied house where not more than three rooms are rented, a breakfast is included in the rent and all accommodations are reserved in advance. A bed and breakfast home is not subject to any additional taxes beyond those otherwise applicable to real estate. Registration with DOR is not required.
BUILDING DEPARTMENTThe Building Department of the Town of Sharon.
COMMERCIAL MEETINGSA meeting in which a group of people comes together to discuss business issues with the intent to make a profit, or any gathering in which the intent is the purchase or sale of goods or services which results in profit for one or all the involved parties.
DWELLINGAny building or area in a building used or intended for use for human habitation, including, but not limited to, apartments, condominiums, cottages, guesthouses, one-, two- or multiple-unit residential buildings, and rooming houses, but not including any licensed facility.
FRONT YARDThe area between the roadway and the part of the structure nearest to the roadway.
LIABILITY INSURANCEAn owner must have liability insurance that complies with MGL c. 175 § 4F.
LICENSED FACILITYAny facility licensed under any state or local laws or regulations other than those registered under this chapter.
OCCUPANT (GUEST)Any individual residing overnight in a short-term rental.
OCCUPANTAnyone residing overnight in a dwelling.
OPERATOR (HOST)Any person or entity operating a short-term rental.
OPERATOR'S AGENTA person who, on behalf of an operator of a short-term rental: i) manages the operation or upkeep of a property offered for rent; or ii) books reservations at a property offered for rent. An "operator's agent" shall include, but not be limited to, a property manager, property management company or real estate agent.
OWNERAny person who alone or severally with others has legal title to any dwelling, dwelling unit, rooming unit or parcel of land, vacant or otherwise; mortgagee in possession; or agent, trustee or other person appointed by the courts.
PERSONAny individual, partnership, corporation, firm, association, or group including a governmental unit other than the Town of Sharon or any of its agencies.
SHORT-TERM RENTALAn occupied property that is not a hotel, motel, lodging house, or bed and breakfast establishment, where at least one room or unit is rented out by an operator through the use of advance reservations, for a fee, for a period of not more than 31 consecutive calendar days. A short-term rental includes an apartment, house, cottage, and condominium. It does not include property that is rented out through tenancies at will or month-to-month leases. It also does not include time-share property or bed and breakfast homes (see definition of bed and breakfast). Massachusetts Department of Revenue (DOR) registration of short-term rentals is required.
See MGL c. 40A, § 1A.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONA solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC, not constructed on a lot containing a habitable building.
A public board of the Town of Sharon authorized under enabling
provisions of MGL c. 40A and specific provisions of this bylaw to
hold hearings, make determinations and findings, and subsequently
issue or deny special permits, variances, or other special approvals
specified in this bylaw. The special permit granting authority shall
be the Zoning Board of Appeals unless specifically designated otherwise
in this bylaw to be another authorized board or agency as allowed
under the Massachusetts General Laws.
A building or part of a building in which one or more horses
are kept for the private use of the owners or residents of the premises.
Any building or part of building in which horses are kept,
other than a private stable.
The portion of a building included between the surface of
a floor and the surface of the floor or roof next above and not including
a below-grade parking structure or basement.
Includes all public ways and all private ways commonly used
as streets, or for the purpose of passing and repassing. It also includes
Select Board layouts.
A combination of materials for permanent or temporary occupancy
of use, such as a building, bridge trestle, tower, framework, retaining
wall supporting more than four feet of unbalanced fill, tank, tunnel,
tent (except those less than 120 square feet and erected for fewer
than 30 days), solar panel, wind turbine, stadium, reviewing stand,
platform when more than one foot above grade, swimming pool, permanently
affixed play structure, shelter, pier, storage container, sign, fuel
pump, recreational court, or the like.
A dwelling unit containing less than 400 square feet and
without a separate bedroom.
For the purposes of § 7.2, the following definitions shall apply:
ADEQUATE CAPACITYCapacity is considered to be "adequate" if the grade of service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the telecommunications facility in question, where the blocking of wireless telephone calls is due to frequency contention at the antenna(s).
ADEQUATE COVERAGECoverage is considered to be "adequate" for a given area if the telecommunications services provided by a given telecommunications provider for that area meet reasonable standards of service. Any party wishing to install additional telecommunications equipment or facilities in the Town of Sharon must provide sufficient evidence to the SPGA, subject to independent review, that the additional telecommunications equipment or facilities are necessary to provide adequate coverage for the area in question.
ANTENNAA device for transmitting or receiving electromagnetic waves, which is attached to a tower or other structure. Examples include, but are not limited to, whip, panel, and dish antenna(s).
AVAILABLE SPACEThe space on a tower or structure to which antennas of a telecommunications provider are both structurally able and electromagnetically able to be attached.
BASE STATIONThe primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of telecommunications provider can be located at a single telecommunications facility.
BULLETIN 65Published by the FCC Office of Engineering and Technology specifying radio frequency radiation levels and methods to determine compliance.
CAMOUFLAGEDTelecommunications equipment or a telecommunications facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure is considered "camouflaged."
CHANNELThe segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.
CO-LOCATIONThe use of a single mount on the ground by more than one telecommunications provider (vertical co-location), and/or several mounts at an existing site by more than one telecommunications provider.
COMMUNICATION EQUIPMENT SHELTERA structure located at a telecommunications facility designed principally to enclose telecommunications equipment.
DATA MAPPINGDepicting on a map, by graphical (colors, shading or symbols) means, the actual or predicted values of signal-coverage parameters in order to establish adequacy of capacity or coverage.
dBm — Unit of measure at the input of a receiver, given
its antenna system gain at a particular frequency, expressed as decibels
(dB) above one milliwatt. Signal predictions with this measure are
valid at one particular frequency, and must identify all receiver
and antenna combinations.
dBµ — Unit of measure of the field intensity of
an electromagnetic signal, expressed as decibels (dB) above one microvolt
per meter, an absolute measure for describing and comparing service
areas, independent of the many variables (see "dBm") introduced by
different receiver configurations. This unit of measure shall be used
for coverage prediction plots.
DRIVE TESTINGTesting in which reception results, obtained by driving through an area using a vehicle-mounted receiver, are recorded for analysis. Preliminary drive tests may be made of existing telecommunications facility coverage and/or the propagation characteristics of transmission from a possible telecommunications facility location (using a temporary antenna and low-power transmitter); follow-up drive testing may be used after activation of a telecommunications facility and in conjunction with cell tuning.
ELECTROMAGNETICALLY ABLEThe determination that the proposed antenna(s) meets manufacturers' minimum separation recommendations, given the location and operating parameters of existing and proposed antenna(s).
ELEVATIONThe elevation at grade or ground level shall be given as above mean sea level (AMSL). The height of a telecommunications facility shall be given as above ground level (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The total elevation of a telecommunications facility is AGL plus AMSL.
EMFElectromagnetic field. The radio frequency emissions or radiation produced by wireless transmitters.
ENVIRONMENTAL ASSESSMENT (EA)The document required by the FCC and the National Environmental Policy Act (NEPA) when a telecommunications facility is to be placed in certain designated areas such as wetlands or other sensitive habitats. A copy of any EA filed with the FCC shall also be filed with the SPGA.
ERPEffective radiated power.
FACILITY SITEA property, or any part thereof, which is owned or leased by one or more telecommunications providers and upon which one or more telecommunications facilities and required landscaping are located.
FALL ZONEThe area on the ground within a prescribed radius from the base of a tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FCCFederal Communications Commission. The government agency responsible for regulating telecommunications in the United States.
GHZGigahertz. A measure of electromagnetic radiation equaling one billion hertz.
GRADE OF SERVICEA measure of the percentage of wireless telephone calls which are able to connect to the base station during the busiest hour of the day. Grade of service is expressed as a number such as p.05, which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better grade of service.
HEIGHT OF TOWERThe vertical distance between the highest point of the tower, including any devices attached thereto, and the grade.
HZHertz. One hertz is the frequency of an electric or magnetic field that reverses polarity once each second, or one cycle per second.
LICENSED CARRIERAn entity authorized by the FCC to construct and operate a telecommunications facility.
LOCATIONReferences to a facility site location shall include the exact longitude and latitude to the nearest tenth of a second, with bearing or orientation referenced to true North.
MAJOR MODIFICATION OF AN EXISTING TELECOMMUNICATIONS FACILITYAny change or proposed change in power input or output, number of antennas, change in antenna type or model, repositioning of antennas, or change in number of channels per antenna above the maximum number approved under an existing special use permit.
MAJOR MODIFICATION OF AN EXISTING TOWERAny increase or proposed increase in dimensions of an existing or permitted tower or other structure designed to support telecommunications transmissions, receiving and/or relaying antennas and/or other telecommunications equipment.
MHZMegahertz. A measure of electromagnetic radiation equaling one million hertz.
MONITORINGThe measurement, by the use of instruments in the field, of nonionizing radiation exposure at a given location.
MONITORING PROTOCOLThe testing protocol, such as the Cobbs Protocol (or one substantially similar, including compliance determined in accordance with the National Council on Radiation Protection and Measurements, Reports 86 and 119), which is to be used to monitor the emissions and determine exposure risk from existing and new telecommunications facilities upon adoption of this bylaw. As telecommunications technology changes, the SPGA may require by regulation the use of other monitoring protocols. A copy of the monitoring protocol shall be kept on file with the Select Board and the Town Clerk.
MONOPOLEA single self-supporting vertical pole with no guy wire anchors, usually consisting of galvanized or other unpainted metal, or wood, with below grade foundations. (See "tower.")
NONIONIZING RADIATIONAny electromagnetic radiation, including radio frequency radiation, incapable of producing ions directly or indirectly.
PERSONAL WIRELESS SERVICESCommercial mobile services, unlicensed wireless services, and common-carrier wireless exchange access services. These services include: cellular services, personal communications systems (PCS), specialized mobile radio services, and paging services.
RADIAL PLOTSRadial plots are the result of drawing equally spaced lines (radials) from the point of an antenna, calculating the expected signal, and indicating this graphically on a map. The relative signal strength may be indicated by varying the size or color at each point being studied along the radial; a threshold plot uses a mark to indicate whether that point is strong enough to provide adequate coverage; i.e., the points meeting the threshold of adequate coverage.
RADIATED-SIGNAL PROPAGATION STUDIES OR COVERAGE PLOTSComputer-generated estimates of the signal emanating from antenna(s) or repeater(s) sited on a specific tower or structure, and prediction of coverage. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the facility site and its surroundings are all taken into account to create these estimates, which are the primary tools for determining whether a facility site will provide adequate coverage for the telecommunications facility proposed for that site.
RADIO FREQUENCY ENGINEERAn engineer who specializes in the design, review, and monitoring of radio frequency technologies.
REPEATERA low-power receiver/relay transmitter generally of less than 20 watts' output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.
SCENIC VIEWA wide angle or panoramic field of sight and may include natural and/or man-made structures and activities. A scenic view may be from a stationary viewpoint or be seen traveling along a roadway, waterway, or path, and may also be to a far away object or a nearby object.
SECURITY BARRIERA locked, impenetrable wall, fence or berm, which completely seals an area from unauthorized entry or trespass. Razor wire may not be used. Security barriers shall be compatible with the surrounding landscape.
SEPARATIONThe distance between one telecommunications provider's array of antennas and another telecommunications provider's array of antennas.
SITEThe land area that is, or will be, temporarily or permanently altered during construction and/or use of any telecommunications tower or facility. Alterations include all construction activities, fencing, landscaping, screening, structures, parking facilities, etc. Access roads and utility lines shall not be considered to be part of the site, except where specified in these regulations.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)The Zoning Board of Appeals shall be the special permit granting authority for the purposes of this bylaw.
STRUCTURALLY ABLEA determination that a tower or structure is capable of carrying the physical load imposed by the proposed new antenna(s) under all reasonably predictable conditions as determined by a professional structural engineering analysis.
TELECOMMUNICATIONSCommercial mobile services, unlicensed wireless services, and personal wireless services. Said services include cellular services, personal communications services (PCS), specialized mobile radio services, broadcast and paging services. The FCC regulates such services.
TELECOMMUNICATIONS ACTThe Telecommunications Act of 1996, PUBLIC LAW 104-104 — FEB. 8, 1996.
TELECOMMUNICATIONS EQUIPMENTAll equipment (including repeaters) at a given site with which a telecommunications provider broadcasts and receives the radio frequency waves which carry its services. This equipment may be sited on one or more towers or structures owned and permitted by another owner or entity.
TELECOMMUNICATIONS FACILITYAll telecommunications equipment and the structures enclosing or supporting that equipment, such as towers and communications equipment shelters, at a given location. For the purposes of this bylaw, the terms "wireless communications facility" and "teleport" shall be governed by this bylaw's provisions regarding telecommunications facilities.
TELECOMMUNICATIONS PROVIDERAn entity licensed by the FCC to provide telecommunications services to individuals or institutions.
TELEPORTA facility using satellite dishes of greater than three feet in diameter, which are designed to up-link to communications satellites.
TILED COVERAGE PLOTSTiled plots result from calculating the signal at uniformly spaced locations on a rectangular grid, or tile, of the area of concern.
TOWERA structure intended to support antenna(s) and associated equipment.
All liquid hydrocarbon products, including, but not limited
to, gasoline, fuel and diesel oil; and also any other toxic, caustic
or corrosive chemicals, radioactive materials, or other substance
controlled as being toxic or hazardous by the Division of Hazardous
Waste under the provisions of MGL c. 21C.
Shop of a carpenter, plumber, electrician, mason at which
goods are stored and used in the trade, not for sale.
Any vehicle or object which is drawn by a motor vehicle.
A facility where individual portions of the space are rented
to consumers for the temporary storage of business or personal items.
A structure designed or used for the storage of goods awaiting
distribution.
A portion of a lot, upon which the principal building is
situated, unobstructed artificially from the ground to the sky, except
as otherwise provided herein. A court shall not be considered to be
a yard or any part thereof.
YARD, FRONTA yard extending for the width of the lot between the front line of the nearest building wall and the front lot line.
YARD, REARA yard, except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
YARD, SIDEYard extending for the full length of a building between the nearest building wall and the side lot line.
[1]
Editor's Note: The former definition of "animal or veterinarian
hospital," which immediately followed this definition, was repealed
5-1-2023 ATM by Art. 11. See now "pet care facility."
[2]
Editor's Note: Said table is included as an attachment to this chapter.