Town of Eastham MA - III. Definitions

ADULT USES — Any of the following uses, as defined in MGL Chapter 40A, Section 9A: Adult Bookstore, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, Establishments Which Display Live Nudity¹.

ALTERATION² -- As applied to a building or structure, means any modification, extension, reconstruction, renovation or rearrangements in the structural parts (horizontally or vertically) or in the exit facilities, or the moving from one location or position to another.³

AMUSEMENT -- Any type of indoor or outdoor amusement requiring the review and/or the issuance of a license by the Board of Selectmen, or sporting activities regardless of whether or not admission is charged.

AMUSEMENT PARK -- A premise or any part thereof used to provide one or more mechanical devices, rides, games or other like attractions to the public for hire or compensation of any kind, whether for fee or by admission or in connection with another service for which a fee is charged.

AMUSEMENT, OUTDOOR -- A drive-in theater, golf driving range or facility other than a regulation golf course of not less than nine (9) holes or any other commercial entertainment or recreation carried on in whole or in part outdoors. Outdoor amusement shall not include a swimming pool, private or public, where no charge is made or where such is operated in connection with a hotel, motel, camp or club.

AMUSEMENT, INDOOR -- Any cinema, theater, auditorium, indoor sports area, health club, bowling alley, or any other commercial entertainment or recreation carried on indoors.

ANIMAL HOSPITAL -- A building used primarily for the medical and surgical care of animals. Said building may include related facilities such as a laboratory and crematorium.

APARTMENT -- A part of a building consisting of a room, suite, or collection of rooms intended, designed or used as a residence, separate from other residences on the same property.

APARTMENT BUILDING¹ -- A building containing three (3) or more apartments with kitchen facilities, under a common roof, each independent of the other, which conforms to the setback requirements of the District in which it is located.

AREA, BUILDING -- The area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Area of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the roof or the floor above.

ATHLETIC CLUB -- A town, state, federally or privately owned facility or facilities used for the purposes of indoor or outdoor recreation for any public or private group. Principal facilities shall be a swimming pool or pools and/or tennis courts or similar courts. Accessory facilities generally associated with a swimming pool (s) and/or tennis court (s) are to be included in this definition.

BED AND BREAKFAST -- A one-family, owner-occupied business located in a dwelling in which no more than two (2) bedrooms are offered for rent for the primary purpose of furnishing overnight lodging, and a morning meal to the overnight guests only.

BOATHOUSE, PUBLIC -- A facility for the construction, repair, storage, rental, or servicing of boats for hire or compensation, and for the sale of boats or marine equipment.

BUILDABLE UPLAND -- Land which is not swamp, pond, bog, dry bog, fresh or salt marsh, areas of exposed groundwater, stream, and/or which is not subject to flooding from high tides.

BUILDING -- A structure forming a shelter for persons, animals, property or an activity and having a roof. Where appropriate in the context, the word “building” shall include the principal and accessory buildings.

BUILDING, ACCESSORY -- A supplemental building or a portion of a main building, the use of which is incidental to that of the main or principal building, and which is located on the same lot therewith.

BUILDING, FRONT LINE OF -- The line of that face of the building nearest the public or private way. This face shall include sun parlors, enclosed projections from the main body of the building, covered porches whether enclosed or unenclosed, decks, but not including uncovered steps.

BUILDING HEIGHT -- The vertical distance, not to exceed thirty (30) feet, between the highest point of the roof and the average elevation of the naturally existing mean grade prior to any excavation, leveling, grading, or filling at the building foundation, exclusive of chimneys, air shafts, ventilators, vents or similar items which may be of the height required for proper operation or use. Building height applies to all buildings and/or structures.

BULK STORAGE, TANKS -- Exposed outside storage tanks, silos or similar structures for the storage of oil, gas, fuels or other liquids or materials, with the exception of those located upon a farm and employed for farm purposes.

BUSINESS OFFICE -- A building or part thereof devoted to the administration of a business or commercial enterprise which involves clerical, accounting and other administrative procedures but which excludes the receipt, processing and sale of merchandise; or a building or part thereof devoted to the professional office of a physician, lawyer, engineer, architect, real estate or insurance agent, or business activities of licensed professionals.

BUSINESS, PERSONAL SERVICE -- Any building or part thereof used for the purpose of rendering a service upon the premise to the public where the sale of a product is not involved.

BUSINESS, SERVICE -- Any building or part thereof used for or from which the sale, installation, repair and servicing, or the sale and/or installation, of component parts, of home appliances and installation is conducted. Service business shall include, plumbing and electrical shops, radio and television sales and repair, service contractors, and supply yards or outdoor storage relative to the conduct of these businesses. It shall not include the sale or service of motor vehicles, trucks or boats.

CABIN -- An existing¹ structure containing not less than 150 square feet of floor area, nor more than 499 square feet of floor area, exclusive of porches, sundecks, patios, raised terraces or similar items, and containing sleeping, living and toilet facilities but not including any kitchen or cooking facilities.

CAMP -- An area of land consisting of at least four (4) acres, exclusive of wetlands, upon which is located, or upon which it is intended to locate, the facilities required to operate upon a seasonal basis the continuing supervised recreational, health, educational religious or athletic program, or a combination thereof.

CAMP GROUND -- A parcel of land used or intended to be used, let or rented for occupancy by or of tents or moveable or temporary overnight dwelling facilities of any kind, exclusive of camps as defined by this section.

CATERING KITCHEN² - An establishment wherein the principal use or accessory use to a retail use involved preparation of food and/or beverages for groups by advance order for transport and consumption off premises.

CLUB or LODGE -- The premises or buildings of a nonprofit organization primarily servicing members and their guests for recreational, athletic or civic purposes, but not including any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club. This shall not include clubs or organizations whose chief activity is a service customarily carried on as a business.

COMMUNICATIONS TOWER³ – a guyed monopole, or self supported tower, constructed as a free standing structure or in association with a building, or other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

CONDOMINIUM -- The land, the building or buildings, all other improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which have been submitted to the provisions of M.G.L. c. 183A.

CONDOMINIUM UNIT -- A part of a condominium including one (1) or more rooms, with appurtenant areas such as balconies, terraces and storage lockers, if any are stipulated in the condominium master deed as being owned by the unit owner, occupying one (1) or more floors or a part or parts thereof, including the enclosed space therein, intended for any type of use, and with a direct exit to a street or way or to a common area leading to a street or way.

CONTRACTOR’S YARD -- Premises used by a building contractor or subcontractor principally for storage of equipment and supplies, fabrication of subassemblies or parking of wheeled equipment.

CONVENIENCE STORE — A retail establishment accessory to a principal use offering for sale prepackaged food products, fresh produce, household items, newspapers, tobacco products, lottery items, or sundries, for use and/or consumption off premises¹.

COTTAGE -- An existing² structure containing not less than 500 square feet of floor area on at east one (1) floor, exclusive of sundecks, patios, and raised terraces, and containing at least one (1) floor, exclusive of sundecks, patios, and raised terraces, and containing at least one (1) bedroom, a living room, a kitchen, a bath or toilet room or any reasonable similar combination of rooms, designed for temporary, transient, seasonal living.

COTTAGE COLONY -- A group of two (2) or more detached cottages located on the same lot, each cottage containing one (1) dwelling unit only, designed for temporary transient seasonal living.

DWELLING, DUPLEX -- A building containing living quarters for not more than two (2) families, having not less than 1,000 square feet of floor area under a common or connected series of roofs and containing in each dwelling all the requirements for a one family dwelling.

DWELLING, ONE FAMILY -- A building containing living quarters for one (1) family, having not less than 500 square feet of floor area on at least one floor, exclusive of porches, sundecks, patios, raised terraces or similar items, and containing a kitchen, a bathroom containing a toilet, a lavatory, a tub and/or shower, a living room, and a bedroom or any reasonably similar combination of rooms.

FAMILY -- An individual or two (2) or more persons related by blood or marriage, or a group of not more than four (4) persons not so related, living together as a single housekeeping unit.

FARM, COMMERCIAL -- Any parcel of land containing at lease five (5) acres of land which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, hogs, livery and dog kennels.

FARM STAND¹ -- A structure from which 100% of the products displayed and offered for sale are produced upon the premises or are legally gathered from the sea or seashore.

FILLING STATION -- Any area of land, including structures thereon, that is primarily used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying or otherwise cleaning or servicing such motor vehicles. Such use shall not include body work or the painting of vehicles or other than minor repair work.

FLOOR AREA OF A BUILDING -- The sum of the gross horizontal area of the several floors of a building, excluding cellar and basement floor areas not devoted to residential use, and excluding the area of roofed porches and roofed terraces All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, LIVABLE -- The sum of the gross horizontal area of the floors of a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding cellar, attic and basement floor area not devoted to residential use.

GARAGE, PUBLIC -- Any building which is not a private garage and which is used for the servicing and repair of automobiles and trucks, and the retail sale of fuels for motor vehicles.

GIFT-CRAFT SHOP / ART GALLERY -- A building or portion thereof used for the inside display and retail sale of crafts, art work, sculpture and items primarily designed as gifts and keepsakes as distinguished from the retail sale of food, clothing, hardware, furniture and items more commonly associated with or essential to the maintenance of home, person and property.

GUEST HOUSE, PRIVATE -- A detached or semi-detached building located upon the same lot with one family dwelling containing not more than 250 square feet and not containing cooking facilities, the use of said building being limited to the entertainment of relatives and friends without fee or other costs.

3. There shall be no exterior display, no exterior sign, except as permitted under the Sign Code, no exterior indication of the home occupation or variation from the residential character of the principal building;

4. No offensive noise (as defined in the Eastham Noise By-Law), offense due to hours of operation, vibration, smoke, dust, gas, odors, heat or glare beyond a reasonable judgment shall be produced;

6. No outside storage of materials and equipment shall be permitted unless concealed from view of neighbors and street by a concealing fence enclosing said materials and equipment;

7. All parking shall be off-street, and long term parking (more than six (6) hours) shall be limited to two (2) vehicles, excluding the resident’s vehicle (s);

INDUSTRY, HEAVY -- The production, assembly, processing, finishing or manufacture of any object or material which results in or would result in noise, dust, odor, vibration, gases, or any objectionable feature that can or could be detected at any time off the premises upon which located.

INDUSTRY, LIGHT -- Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property.

INN -- A building, together with its accessory buildings, used or arranged or designed to be used to provide living accommodations including sleeping quarters, and meals which are prepared and served from a central kitchen/dining facility operated under a victualer license. The definition here given shall also include that for a hotel.

JUNK -- Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered as junk.

JUNK YARD -- The use of any area of any lot, outside a building, for the storage, keeping, resale or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

LOT -- A parcel of land occupied or intended to be occupied by one (1) main building or use and its accessory buildings, together with such open spaces as are required under the provisions of this By-Law, having not less than the minimum area required by this By-Law for a lot in the district in which such land is situated, and having its principal frontage on a street or other public or private way.

LOT AREA REQUIREMENTS¹ -- The calculation of the minimum lot area shall include only contiguous upland and shall exclude all wetland or land under any stream, creek, or other water body, therefore such upland area shall contain the minimum required area for buildable lots in the district.

MOTEL -- A structure containing not more tan 4000 square feet on one floor, exclusive of porches, sundecks, patios, raised terraces or similar items, divided into units containing living, sleeping and toilet facilities only. No individual kitchen or cooking facilities in units shall be permitted.

Structures shall be one story in height except where the terrain will allow the rear wall to be two stories in height. Rear wall is defined as the wall farthest from the road or roads off which the structure is located and parallel to said road or roads.

When more than one motel structure is erected on one lot, each structure shall be not less than fifty (50) feet from any other structure on the lot. No structure shall be erected nearer than fifty (50) feet from the lot side lines nor nearer than twenty-five (25) feet from the lot rear line.

MOTOR VEHICLE SALES -- A premises used for the display and for the sale of new or used motor vehicles, as that term is defined under the Massachusetts General Laws.

NON-CONFORMING USE -- A building, structure, or land lawfully occupied by a use that did not conform to the by-laws of the district in which it is situated at the time of the adoption of applicable Zoning By-Laws and of any amendments thereto.

NURSING or CONVALESCENT HOME -- Any state licensed dwelling or building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

NURSERY SCHOOL -- A school designed to provide daytime care or instruction for two (2) or more children from two (2) to six (6) years of age, inclusive, and operated on a regular basis.

OCEAN BEACH¹ – a municipal facility designed to provide access to the ocean for swimming, sunbathing, fishing, surfing, windsurfing and walking, including stairs, landings, parking areas and other associated structures necessary for operation.

OPEN SPACE² -- An unoccupied space, open to the sky, free of all structures, parking, pavement and other impervious surfaces; consisting of lands used for agricultural or forest uses; and any land area that would, if preserved and continued in its present use:

4. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space.

PAN HANDLE LOT³ -- A pan handle lot is a closed plot of land having a definite area and perimeter connected to a way by a strip of land no less than 40 feet in width for its entire length and having less than fifty (50) feet of frontage.

PARKING, PRIVATE -- Space for parking accessory to principal use, not to include parking for fee or parking of more than one (1) commercial vehicle except on farms.

PASSIVE RECREATION⁴ -- Forms of recreation such as nature study, walking, hiking, and horseback riding; and fishing and hunting as permitted by law.

QUARRY, SAND PIT, GRAVEL PIT, TOP SOIL STRIPPING -- An area of land or part thereof used for the purpose of extracting stone, sand, gravel or top soil.

RECHARGE AREA² -- The area, encompassing land and water surface, through which precipitation enters the groundwater body and from which groundwater flows naturally or is drawn by pumping into a water supply well.

RESORT AND CONFERENCE CENTER -- A structure or series of structures, divided into separate units, the purpose of which is to provide living, sleeping and toilet facilities; conference, seminar, or meeting facilities and/or recreation or entertainment services and facilities, including but not limited to golfing, tennis, dining, or other amenities intended to solicit the use of the property as a resort or conference center.

RESTAURANT³ -- An establishment where food and drink are prepared, served and consumed primarily within the principal building or at outside seating on a deck or patio. Food may be prepared for consumption off the premises provided such take-out service is accessory to the restaurant use. This definition, with its provision for accessory take-out service, shall not be construed to allow any “Restaurant, Drive In” or “Restaurant, Fast Food” as defined in this section.

RESTAURANT, DRIVE-IN⁴ -- Premises where meals and/or other items of nourishment and/or refreshments are offered for sale, and where any portion of these are consumed or intended to be consumed in the open, off-premises, or within cars parked upon the premises.

RESTAURANT, FAST FOOD⁵ -- An establishment for the sale of on-or-off premises prepared food or drink packaged for takeout, whether for consumption on the premises or not, unless such sales are wholly incidental to a conventional restaurant or other use defined in this section, and including establishments providing in-car service or window service or service at two (2) or more take-away stations within the town.

RETAIL SALES¹ -- Any business, excluding restaurants, drive-in restaurants and fast food restaurants, engaged in the selling of goods or merchandise to the general public and rendering services incidental to the sale of such goods.

RETAIL SERVICES² -- Any business providing services including but not limited to hair stylists, barber shops, banks, funeral homes and offices where the sale of goods is secondary and incidental to the services provided.

RIDING ACADEMY -- Any business where horses and/or ponies are kept for riding, driving or stabling for compensation, or incidental to the operation of any club, association or similar establishment.

ROADSIDE STAND -- A structure from which 100% of the products displayed and offered for sale are produced upon the premises or are legally gathered from the sea or seashore.

SANITARY WASTEWATER⁴ -- Any water carrying putrescible waste resulting from the discharge of water closets (toilets), laundry tubs, washing machines, sinks, showers, dishwashers, or any other source.

SEASONAL -- This term shall refer to a period of time commencing each calendar year on the first day of April and terminating the last day of November of each calendar year.

SERVICE TRADE⁵ -- An occupation or business which provides service to customers primarily in or on the customers’ homes or premises, including but not limited to such trades as carpentry, masonry, plumbing and heating, electrical installation and repair; well drilling, and lawn maintenance. Such service trades may be operated out of the provider’s residence subject to the following restrictions:

C. No outdoor storage of service-related materials or equipment is permitted on the provider’s premises unless concealed from view of neighbors and street by a concealing fence enclosing said materials and equipment;

D. No more than two (2) motor vehicles (as that term is defined by the Massachusetts General Laws, Chapter 90, Section 1, but containing no more than six (6) wheels) which are used in the service trade may be kept on the provider’s premises;

F. There shall be no exterior sign or other display except as permitted under the Sign Code for a residential district, and no exterior indication of the service trade which detracts from or is in conflict with the residential character of the principal building and area;

G. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas smoke, dust, noise, electrical disturbances, or in any other way. In the case of electrical disturbances, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

I. All parking shall be off-street, and long term parking (more than six (6) hours) shall be limited to two (2) vehicles, excluding the resident’s vehicles.

SITE COVERAGE² – The sum of the gross horizontal area of the floors of a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding cellar, attic farmers porch and basement floor area not devoted to residential use, plus the square footage of any roofed permanent accessory structure or garage and screened porch or covered deck.

SPECIAL PERMIT GRANTING AUTHORITY -- Shall be the Board of Appeals or another authorized board as allowed under Chapter 808 of the Acts of 1975, Massachusetts General Laws, as amended.

STREET GRADE -- The officially established grade of the center line of the street on which a lot fronts. If there is no officially established grade, the existing average grade between lot lines shall be taken as the street grade.

STRUCTURE/BUILDING -- Anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground.

STUDIO, PRIVATE; also ARTIST STUDIO -- a building or part of a building generally limited to a one (1) room working space so designed as to accommodate an occupation relative to production of various forms of art, such as painting, sculpture, photography. Such a unit may be included within “ home occupation ” as defined in this By-Law only when such unit clearly meets ALL requirements of the “home occupation” definition.

SWIMMING POOL -- Any body of water or receptacle for water, enclosed or unenclosed, having a depth at any point greater than two (2) feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above ground. Any such pool shall conform to applicable state requirements.

TENNIS COURT -- An area used or intended to be used for tennis and tennis related activities, and constructed, installed or maintained on or above the ground. A tennis court shall be considered a structure for the purposes of this By-Law.

TOXIC OR HAZARDOUS MATERIAL/WASTE¹ -- Any substance presently or subsequently designated by any federal, state or local agency or mixture of such physical, chemical, or infectious characteristics as to post a significant or actual potential hazard to water supplies if such substance or mixture were discharged into lands or waters of this Town. Toxic or hazardous materials include but are not limited to, organic chemicals, petroleum products, heavy metals, radioactive substances, infectious substances, acids, alkalies, pesticides, herbicides, fungicides, rodenticides, paints, varnishes, solvents, thinners, substances listed in the Regulations, 310 CMR 30.131-136, or substances which have one or more of the characteristics listed below:

Wastes generated by, but not limited to the following activities are presumed to be toxic or hazardous, unless and except to the extent that anyone engaging in such activity can demonstrate to the contrary to the satisfaction of the Eastham Board of Health:

TRAILER HOME/MOBILE HOME -- A unit which at any time was a portable or mobile vehicle and was designed to be portable and used for living purposes whether standing on wheels or at a later date transferred to rigid supports.

TRANSPORT TERMINAL -- Yard or structure for the storage and/or servicing of two (2) or more commercial vehicles and the storage of materials in transit.

USE -- The specific purpose for which land or a structure or building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term “ permitted use “ or its equivalent shall not be deemed to include any non-conforming use.

WELLFIELD¹ – An area of undeveloped or sparsely developed land of sufficient size to accommodate one or more municipal water supply wells pursuant to statute, by-law or other legal authority.