§ 17.08.020. General definitions.  


Latest version.
  • Unless otherwise expressly stated, the following words shall have the meanings indicated in this section.

    "Accessory building or use" means a customary building or use on the same lot with, and clearly incidental and subordinate to, the principal use or structure; except that off-site, off-street parking located in accordance with the provisions of Sections 17.28.030 through 17.28.050 shall be considered as an accessory use.

    "Adult club" means an establishment, which as a form of entertainment, allows a person or persons to perform in a state of nudity as defined in M.G.L. Ch. 272, Sec. 31 or allows a person or persons to work in a state of nudity as defined in M.G.L. Ch. 272, Sec. 31.

    "Affordable housing trust committee" means an independent entity created by the city of Quincy to administer affordable housing unit, land, or funds contributed by developers for the creation of affordable housing as stipulation of an inclusionary zoning ordinance.

    "Affordable housing trust fund" means an endowment into which any monies received shall be utilized solely for the construction, purchase, and maintenance of affordable housing and for the costs of administering programs approved by and consistent with the purposes of the affordable housing trust committee.

    "Affordable housing units" means single or multi-family residential dwelling unit under any form of ownership and management which by deed restrictions, covenants, lease conditions, and/or occupancy agreements limits residents to income eligible households at the time of occupancy or other standards as may be established pursuant to any city, state or federal housing program designed to assist low- and moderate-income households; the dwelling unit is to be made available at a cost of no more than thirty percent of gross household income.

    "Age restricted senior housing facility" means a multi-family residential environment under any form of ownership and management which, by deed restrictions, covenants, lease conditions, and/or occupancy agreements limits residents to occupants who have attained the age of fifty-five years.

    "Automobile service station" means 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.

    "Basement" means the portion of a building that is partly underground and which has more than one-half its height measured from finished floor to finished ceiling above the average finished grade of the ground immediately adjoining the building.

    "Building" means a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include an awning or similar covering, whether or not permanent in nature.

    "Congregate elderly facility" means a noninstitutional residential shared-living environment which integrates shelter and services needed by the functionally impaired or socially isolated elder who does not require the constant supervision or intensive health-care services as provided in an institution. The shared living environment shall include at least the following: (1) Shared kitchen facilities; and (2) Shared dining facilities.

    "Developer" means any individual, corporation, business trust, estate trust, partnership or association, or any other entity or combination thereof who is developing real estate property in Quincy.

    "Drive-in retail" means a retail or consumer service establishment where motorist does not have to leave his vehicle including any such establishment that provides drive-through window service for retail sales.

    "Dwelling" means a building designed for occupancy as the living quarters for one or more families, but not a trailer or mobilehome.

    Dwelling, Detached. "Detached dwelling" means a building designed for occupancy as a residence and substantially separated by side yards from any other structure except accessory buildings.

    Dwelling, Two-family. "Two-family dwelling" means a building designed for occupancy as the residence of two families, each occupying a single dwelling unit.

    Dwelling, Multifamily. "Multifamily dwelling" means a building or structure designed for occupancy as a residence by more than two families, but not including attached dwellings; an apartment house.

    "Dwelling unit" means one or more rooms forming a habitable unit for one family and containing complete and independent housekeeping facilities.

    "Family" means one or more persons, including domestic employees, occupying a dwelling unit and living as a single housekeeping unit; provided, that a group of four or more persons who are not related by blood or marriage shall not be deemed to constitute a family.

    Floor Area, Gross. "Gross floor area" means the sum of the gross horizontal areas of the several floors of a building excluding areas used for accessory garage purposes and such basement or cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the faces of walls, excluding unenclosed balconies. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

    "Floor area ratio" or "FAR" means the ratio of the total gross floor area of a building or buildings on one lot to the total area of the lot.

    "Half story" means any story which is under a pitched roof, where the point of intersection of the rafters and the face of the wall is less than three feet above the floor level.

    "Height of building" means the vertical distance measured from the finished ceiling of the top story to a point at the finished grade, measured at the center of the building at the front wall.

    "Housing contribution" means cash or land delivered to the affordable housing trust in lieu of affordable housing units on or off site.

    "Inclusionary zoning" means a local ordinance that permits a residential density sufficient to justify requiring developers to include a percentage of affordable housing units as part of a market rate development.

    "Inclusionary zoning project" means any development developed under or subject to the inclusionary zoning ordinance.

    "Income eligible household" means any household whose total income does not exceed eighty percent of the median income of households at or below eighty percent of the Norfolk County median income as reported by the U.S. Department of Housing and Urban Development as adjusted for family size, or such other equivalent income standards.

    "Junk" means worn out, cast off or discarded articles or materials which have been collected or stored for salvage, destruction or conversion to some use, but not including articles or material which, unaltered or unchanged, and without further reconditioning can be used for its original purpose as readily as when new.

    "Lodging house" means a house where lodgings are let to four or more persons not within the second degree of kindred to the person conducting it, and shall not include dormitories of charitable, educational or philanthropic institutions.

    "Lot" means a contiguous parcel of land in identical ownership throughout, bounded by other lots or streets, and used or set aside and available for use as the site of one or more buildings or other definite purpose. For the purpose of this title, a lot may or may not coincide with a lot of record.

    "Lot area" means the horizontal area within the exterior lines of the lot, exclusive of any area in a public or private way open to public uses.

    "Lot depth" means the mean horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

    "Lot frontage" means that part of a lot (a lot line) abutting on a street or way; except that the ends of incomplete streets, or streets without a turning circle, shall not be considered frontage.

    "Lot width" means the mean horizontal distance between the side lot lines measured perpendicular to the mean direction of the side lot lines.

    Lot Line, Front. "Front lot line" means a line separating the lot from a street or private way.

    Lot Line, Rear. "Rear lot line" means the lot line opposite the front lot line; except that in the case of a corner lot, the rear lot line shall be the line opposite from the street on which the principal building faces.

    "Lot of record" means a lot recorded in the Registry of Deeds of Norfolk County, or in the Land Court of the Commonwealth of Massachusetts either as a separate lot or as part of a subdivision.

    "Marina" means a dock or basin where slips, moorings and often supplies, repairs and other services are available for craft.

    "Nonconforming building or lot" means a building or lot that does not conform to a dimensional regulation prescribed by this title for the district in which it is located or to regulations for off-street parking or loading or accessory buildings; provided, that such building or lot was in existence and lawful at the time the regulation became effective.

    "Nonconforming use" means a use of a building or lot that does not conform to a use regulation prescribed by this title for the district in which it is located; provided, that such use was in existence and lawful at the time the use regulation became effective.

    "Occupancy" means the utilization of land, buildings or structures. Change of occupancy is not intended to include change of tenants or proprietors.

    "Open space" means that part of a lot designed and developed for use by the occupants of the lot or for the pleasant appearance of the building in which they reside. Such space may include swimming pools, tennis courts or similar facilities; private gardens, or landscaped elements and natural features of the site, walks and terraces. Exterior balconies and patios having an area of not less than forty square feet and reserved for the exclusive use of one family may be counted toward meeting the required open space on the lot. Such open space may not include lot area used for parking, access and service drives or other hard-surfaced areas intended for vehicular use.

    Parking Space Dimensions. See Section 17.28.050.

    Physical Value. The sound physical value of a building or structure shall be the replacement cost minus depreciation as determined by the director of inspections.

    "Rest home" means any institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing care, incident to old age, to three or more persons over sixty years of age, who are ambulatory but need supervision or medical care, but do not need professional nursing service.

    "Story" means a basement or cellar, the ceiling of which extends more than four feet above the finished grade measured at the center of the building at the front wall; also that part of a building between a floor and the floor or roof next above.

    "Street line" means the boundary line of the lot separating it from a public street or private way.

    "Structure" means a combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, tower, framework, retaining wall, tank, tunnel, stadium, platform, bin, fence, sign or the like.

    "Yard" means the open area at the front, sides and rear of a building between the exterior walls of the building and the boundaries of the lot upon which it stands.

(Ord. 2001-155 § 1; Ord. 2000-277; Ord. 2000-273; Ord. 2000-272 § 1; Ord. 2000-117 § 1; Ord. 97-337 § 6 (part); Ord. 96-004 (part); Ord. 1990-84 (part); prior code Ch. 24, § 21 (part))