ARTICLE V
DEFINITIONS
In this Bylaw, the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed. Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future.
ACCESSORY BUILDING: A building devoted exclusively to a use subordinate to and customarily incidental to the principal use.
ACCESSORY SIGN: Any sign that advertises, or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereof or advertises the property itself or any part thereof as for sale or rent and which contains no other matter.
ACCESSORY USE: A use subordinate to and customarily incidental to the principal use.
ADULT BOOKSTORE: an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in G. L. c. 272, s. 31.
ADULT MOTION PICTURE THEATRE: an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in G. L. c. 272, s. 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 activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, s. 31.
ADULT VIDEO STORE: an establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in G. L. c. 272, s. 31.
ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY: establishment which provides live entertainment for its patrons, which includes the display of nudity, as that there is defined in G.L. c. 272, s. 31.
BODY ART: means the practice of physical body adornment by permitted establishments and practitioners using the following techniques: body piercing, tattooing and cosmetic tattooing. Extreme forms of body art, such as, but not limited to, branding, cutting, braiding and scarification shall not be permitted. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin, which are prohibited. (ATM 5/15/2001, Art. 26)
BODY ART ESTABLISHMENT OR ESTABLISHMENTS: means a business where the practices of body art are performed. (ATM – 5/15/2001)
BUILDING (or part or parts thereof): A combination of any materials, whether portable or fixed, having a roof to form a structure for the shelter of persons, animals or property. Roof shall include an awning or any similar covering whether or not permanent in nature.
DWELLING: Any fixed structure containing one or more dwelling units, but not including hotels, motels, boarding houses, or structures solely for transient or overnight occupancy.
DWELLING UNIT: A room or group of rooms designed and equipped exclusively for use as living quarters for only one family including provisions for living, sleeping, cooking and eating.
FLOOR AREA, GROSS: The sum of the area of the several floors of each building on a lot including areas used for, or available for conversion to, human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls.
FLOOR AREA, NET: Gross floor area less areas for incidental storage, mechanical or heating equipment, rest rooms, stairways, corridors, and space for services incidental to the operation or maintenance of the building.
FRONTAGE: A continuous and uninterrupted portion of a sideline of a way, public or private, between the sidelines of a lot in common ownership and in the case of a corner lot, between a sideline of such lot and the intersection of sidelines of ways or the midpoint of the curve connecting such sidelines.
GROUNDWATER RECHARGE: as defined in the Massachusetts Department of Environmental Protection (MA DEP) and Massachusetts Office of Coastal Zone Management (MA CZM) Stormwater Management Technical Handbook of March, 1997.
Groundwater Recharge is defined on Page A-5 of Volume Two of the above-referenced handbook as: “The return of water to an underground aquifer by either natural or artificial means such as exfiltration of a BMP.”
HEIGHT: The vertical distance above the average grade adjoining the building or surrounding the structure to the ridgeline of the building.
LOT: A single area of land in one ownership throughout defined by metes or bounds or boundary lines as shown in a recorded deed or on a recorded plan. The area of a lot shall not include any part of a way, public or private, which adjoins the lot.
LOT CORNER: A lot at the point of intersection of, and abutting on, two or more intersecting streets, the angle of intersection of the street lines or, in the case of a curved street, street lines extended, being not more than one hundred and thirty-five (135) degrees.
MOTOR HOME: A vehicle with motive power designed for sleeping or living quarters for one (1) or more persons, which is not a dwelling.
PERSON: An individual, corporation, society, association, partnership, trust or other entity, public or private.
SETBACK: Front, Side, and Rear: The minimum horizontal distance from a street line or lot line, as the case may be, to any part of a building or structure, excluding overhang three (3) feet or under, bulkheads, or fences.
SIGN: Any privately owned permanent or temporary device, placard, painting, drawing, poster, letter, word, banner, pennant, insignia, trade flag, or representation used as or which is in the nature of an advertisement, announcement, or direction which is on a public way or on private property within public view of a public way.
SIGN, Area of:
The area of a sign shall be considered to include all lettering, wording, and accompanying designs and symbols together with the background on which they are displayed, any frame around the sign and any “cutouts” or extensions, but shall not include any supporting or bracing.
The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols.
The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object.
In computing the area of signs, only one side of back-to-back signs shall be counted.
STORY: That part of a building between any floor, other than a basement, and the floor or roof next above; HALF-STORY: That part of a building under a sloping roof where the full-length rafters rest on the top beam of the story below.
STREET OR WAY: Any public way or any private way shown on a plan approved under the provisions of the subdivision control law or in existence when the provisions of said subdivision control law became effective in the Town of Norwell, having in the opinion of the Planning Board suitable width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground or attached to something located on the ground including tennis courts, and an artificial or a constructed swimming pool having a depth of water of two (2) feet, but excluding a fence, boundary wall, public utility pole, public utility supporting device or a structure with less than sixty-four (64) square foot ground coverage and a height of less than seven (7) feet.
TRAILER: A vehicle without motive power, designed to be and capable of being towed, including, but not limited to a utility trailer, storage, or box trailer, boat trailer, horse trailer, tent trailer, and mobile home.
THE FOLLOWING DEFINITIONS WERE ADDED AS A RESULT OF THE STM DECEMBER 8, 1997 WHEN IT WAS VOTED TO AMEND ZONING BYLAWS AND ADD SECTION 4600, PERSONAL WIRELESS SERVICE FACILITIES.
ABOVE GROUND LEVEL (AGL): A measurement of height from the natural grade of a site to the highest point of a structure.
ANTENNA: The surface from which wireless radio signals are sent and received by a personal wireless service facility.
CAMOUFLAGED: (Amended STM 12/1/2003) A personal wireless telecommunications facility is considered “camouflaged” if it is disguised, hidden, or made to appear as an architectural component of an existing or proposed structure, the use of which is otherwise permitted under the zoning bylaws of the Town of Norwell. No personal wireless telecommunications facility attached to an existing structure shall be deemed “camouflaged” for the purposes of this bylaw where it extends more than ten (10) feet above the height of a structure nor horizontally more than ten (10) feet beyond the face of any exterior sidewall or the exterior of any surface of a structure with no sidewalls. Antennas or other components of a personal wireless telecommunications facility situated within a free standing
personal wireless telecommunications facility shall not be considered “camouflaged” for the purpose of this zoning bylaw.
CONCEALED: (Added STM 12/1/2003) A personal wireless telecommunications facility is considered “concealed” if it is entirely contained within the architectural features of an existing or proposed structure the use of which is otherwise permitted under the zoning bylaws of the Town of Norwell.
CARRIER: A Company that provides wireless services.
CO-LOCATION: The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA. A low mount that has three panels flush-mounted or attached very close to the shaft.
ELEVATION: The measurement of height above sea level.
ENVIRONMENTAL ASSESSMENT (EA): An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER: An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
FALL ZONE: The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FUNCTIONALLY EQUIVALENT SERVICES: Cellular, Personal Communication Services (PCS), Enhanced Special Mobile Radio, Specialized Mobile Radio and Paging.
GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
LATTICE TOWER: A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
LICENSED CARRIER: A company authorized by the FCC to construct and operate a commercial mobile radio services system.
MONOPOLE: The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT: The structure or surface upon which antennas are mounted, including the following four types of mounts:
1) Roof-Mounted: Mounted on the roof of a building.
2) Side-Mounted: Mounted on the side of a building.
3) Ground-Mounted: Mounted on the ground.
4) Structure-Mounted: Mounted on a structure other than a building.
OMNI-DIRECTIONAL (WHIP) ANTENNA: A thin rod that beams and receives a signal in all directions.
PANEL ANTENNA: A flat surface antenna usually developed in multiples.
PERSONAL WIRELESS SERVICE FACILITY: Facility for the provision of personal wireless services, as defined by the Telecommunications Act.
PERSONAL WIRELESS SERVICES: The three types of services regulated by this Bylaw.
PUBLIC UTILITY: A public service corporation either private or municipal, supplying or transmitting gas, water, electricity or communications to any or all members of the public and subject to federal, state or town regulations by virtue of its natural or legal monopoly, except for a corporation or other business enterprise which provides cellular telephone service, personal communication services or enhanced specialized mobile radio services to any or all members of the public.
RADIO-FREQUENCY (RF) ENGINEER: An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIO-FREQUENCY RADIATION (RFR): The emissions from personal wireless service facilities.
SECURITY BARRIER: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION: The distance between one carrier’s array of antennas and another carrier’s array.
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