SECTION 11.0 DEFINITIONS In this by-law, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the By-law. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied". The words "building," "structure," "lot," or "parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts state building code shall have the meaning given therein unless a contrary intention is clearly evident in this By-law.

Abut: To touch; be contiguous; border on; without intervening land.

Access Drive: A permanent dust free surface which is required for each lot, for the passage of motor vehicles for access and egress to and from a street. An access drive may lead to or from a parking space or loading bay or to other access drives or to a related maneuvering aisle

Accessory Apartment: A pre-existing non-conforming dwelling unit created in a single- family dwelling by special permit granted by the zoning board of appeals and recorded at the Norfolk County registry of deeds prior to the adoption of An Act Relative to the Affordable Homes Act by the 193rd Massachusetts General court on August 6, 2024.

Accessory Dwelling Unit: A secondary dwelling unit, but not a mobile home, located either within or on the same lot as a detached single-family dwelling. The accessory dwelling unit shall be subordinate in size to the principal dwelling unit and separated from it in a manner that maintains the appearance of the structure as a single-family house.

Accessory Signs: Any sign that, with respect to the premises on which it is erected, advertises or indicates one or more of the following: the person occupying the premises or the business transacted on the premises or the sale or letting of the premises or any part thereof, and which contains no other advertising matter.

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Accessory Structure: A subordinate structure located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.

Accessory Use: A subordinate use of a building, structure or land customarily incidental to and located on the same lot with the main building, structure or use (or located on a lot contiguous to such lot, if in the same ownership), and which does not constitute, in effect, conversion of the main use of the premises to one not permitted.

Adult Uses: The following constitute Adult Uses for the purposes of Section 7.1:

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, Section 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, Section 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, Section 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, Section 31.

Adult Club: an establishment which displays live nudity for its patrons, any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in G.L. c. 272, Section 31.

Adult day care facility: A social day care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs (105 CMR 158).

Aisle: A roadway adjacent to, and providing direct access to, individual parking spaces.

Animal clinic or hospital: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the clinic or hospital use.

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Antenna Support Structure: any building or structure other than a tower which can be used for location of telecommunications facilities.

Aquifer: Geologic formation composed of rock, sand, gravel or other geologic material that contains significant amounts of potentially recoverable water.

Assisted Living Facility: An entity either for profit or non-profit (defined and regulated under M.G.L. Ch.19D, Section 1) and certified by the Department of Elder Affairs (651 CMR 12) that provides room and board, assistance in activities of daily living for three or more adult residents; and collects payments or reimbursements on behalf of residents to pay for the provision of assistance with the activities of daily living or arrange for the same. This does not include any other form of group living quarters (651 CMR 12.01) such as nursing homes, hospices, group homes, religious housing, or substance abuse detoxification or treatment facilities.

Building: Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels, or property of any kind.

Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Business Establishment: Each separate place of business whether or not consisting of one or more buildings.

Business or Professional Office: The office of one skilled in an occupation that primarily services clients or patients rather than retail customers including, but not limited to the office of a lawyer, architect, engineer, landscape architect, real estate agent, insurance agent, or the studio of an artist, musician or teacher, or the workroom of a dressmaker or milliner or photographer.

Canton Center Economic Opportunity District.

For the special purposes of Area “A”, the following words and phrases shall have the meaning hereinafter indicated:

Building Height: Building height shall be limited as set forth in this Section and measured as set forth in the State Building Code 780 CMR 101.0 et seq.

Buildable Lot Area: A buildable lot area shall be a single continuous tract of land located entirely within Priority Revitalization Area "A" which is contiguous with the frontage, and which excludes any land defined as a "Resource Area"

-153- under the Massachusetts Wetlands Protection Act (G.L. c. 131, s. 40) and any required yard area.

Gross square feet of nonresidential floor area: The total non-residential floor area contained within exterior walls but does not include basement space used for heating and utilities, storage or for automobile parking.

For the special purposes of Area “B”, the following words and phrases shall have the meaning hereinafter indicated:

Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a Revitalization Area "B" development, within Revitalization Area "B" hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

Buffer: An area within the Revitalization `B" Development adjacent to the boundaries, streams and ponds, which may not be developed except as provided herein.

Development Schedule: A schedule showing the order and timing of construction and the sequence of the improvements to be built or furnished in the Revitalization Area `B" site, separated into stages where applicable.

Height Regulations: Building height shall be limited as set forth in this Section and measured as set forth in the State Building Code 780 CMR 101.0 et seq.

Open Space: Open Space is defined as an area of land containing no building or structure, or impervious material. In the event that natural materials (i.e. brick, pavers, etc.) are used in the construction of walkways, courtyards, patios, etc., allowing such surfaces to be pervious, the area of these surfaces can be credited toward the open space requirement.

Regulations: The applicable rules and regulations of the Zoning Board relative to special permits and site plans. The Zoning Board of Appeals, as the Special Permit Granting Authority, reserves the right to modify and/or waive any and all requirements described in this Section.

Upland: Land without a wet area and not subject to flooding.

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Wetlands: All land subject to the provisions of Massachusetts G.L. c. 131, ss. 40 and 40A and/or the Town's Wetlands By-Law.

Central Business Area: Refers to that portion of the area designated as a Business District by this By-law, or any subsequent amendment thereto, which lies along Washington Street south of Revere Street and north of Neponset Street (including projections of their center lines across Washington Street), and which is not separated from said Washington Street by any other type of district.

Child Care Center: A day care center or school age child care program, as those terms are defined in G.L. c. 15D, s. 1A.

Club or lodge, private: Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.

Common Open Land: An area of land containing no building, structure, parking areas, driveways or roadways other than those structure and/or facilities which are used for recreational and/or community use by the occupants of a property or members of the public.

Constructed: Includes the words "built", "erected", "reconstructed", altered", "enlarged", "moved", and "placed".

Cultural use: includes, without limitation, the promotion and advancement of cultural activities through the use of educational facilities, theaters, museums, libraries, indoor and/or outdoor sports facilities, music and/or dance facilities, banquet halls, meeting and/or function rooms, other facilities for the serving of food and/or beverages, landscaped areas, parking areas, and any other improvements or facilities reasonably related to the foregoing, all of which may serve to directly or indirectly display, preserve and enhance the customs, beliefs, activities, and/or traits of a given culture, ethnic or otherwise. A cultural use shall be located on a parcel of at least thirty (30) acres.

Dwelling: A building, or any part thereof, containing accommodations for permanent human occupancy, including one and two-family houses, apartments, and boarding or lodging houses, but not including transient accommodations such as in hotels or motels.

Dwelling, Single Family: A detached building designed for or occupied exclusively by one (1) family.

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Dwelling, Two-Family: A detached building designed for or occupied by two (2) families, and includes both a "double house" in which the dwelling units are side by side separated by a wall, and a "duplex house" in which part of one (1) dwelling unit is over part of the other unit.

Dwelling, Multifamily: A detached building designed for or occupied by three (3) or more families and includes buildings in which the dwelling units are side by side with separate entrances as well as buildings in which some units share a common entrance. This definition shall include, when otherwise applicable, buildings in which the dwelling units are known as "condominiums" or "town houses" or otherwise.

Dwelling, Boarding or Lodging House: A lodging house licensed under Section 23 of Chapter 140 and where rooms are let to four or more unrelated persons. A lodging house may or may not be owner-occupied. A boarding or lodging house is not a hotel, motel, short-term rental, long-term care facility, or group home.

Earth Removal: For the Purposes of Section 7.4, the following definitions shall apply:

Earth material: shall mean soil, loam, sand, gravel, stone, ledge, clay, sod, minerals, organic matter or other earth or similar material.

Earth removal and earth removal operations: the processing or removal of earth materials at or from any premises within the Town.

Educational use, nonexempt: Educational facilities not exempted from regulation by G.L. c. 40A, s. 3.

Essential services: Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems whether underground or overhand, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith.

Exempt uses: Uses defined in M.G.L. Chapter 40A, Section 3: includes various uses related to agriculture, religious purposes or non-profit educational purposes, child care facilities, congregate living arrangements for disabled persons, or solar energy systems.

Extended Stay Lodging: Guest quarters that offer rooms by the day, week, or longer to transient guests, which rooms may contain kitchenette facilities, but do not contain a

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Development Parcel: One or more lots which together are designated by a project applicant as a Development Parcel. The lots comprising a Development Parcel need not be in the same ownership. Where the Development Parcel consists of more than a single lot, the lots, in combination, shall be treated as the Development Parcel, may be contiguous or non-contiguous, and shall be considered one ‘Development Parcel’ per the application.

Family: A single individual or not more than five (5) unrelated individuals, doing own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond.

Family child care home: Any private residence operating a facility as defined in G.L. c. 15D, s. 1A.

Family child care home, large: Any private residence operating a facility as defined in G.L. c. 15D, s. 1A.

Farm stand, exempt: Facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, twenty five percent (25%) of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least twenty five percent (25%) of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional fifty percent (50%) of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located provided that all such activities may be limited to parcels of five (5) acres or more in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture.

Farm stand, local: The regular sale at retail of nursery, greenhouse, garden or other agricultural produce (including articles of home manufacture from such produce), but only where at least sixty percent (60%) thereof is raised on the premises (or made from produce so raised), including a salesroom or stand in connection with such purpose.

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Fast Food Establishment: An establishment whose primary use is for the sale of fast order food for consumption on or off the premises.

Flexible Development: For the Purposes of Section 8.5, the following definitions shall apply:

Common Open Land: A parcel or parcels of undeveloped land or an area of water, or a combination of undeveloped land and water within the site designated for a Flexible Residential Development, maintained and preserved for open uses, and designed and intended for the use or enjoyment of residents of the Flexible Residential Development. Common Open Land may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Flexible Residential Development, but shall not include streets or parking areas except those incidental to open space use.

Flexible Development: An option which permits an applicant to build single family dwellings with reduced lot area and frontage requirements so as to create a development in which the lots are grouped together with adjacent common open land.

Homes Association: A corporation or trust owned or to be owned by the owners of lots within a tract approved for flexible development, which holds the title to common open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common.

Wetlands: An area characterized by vegetation described in General Laws, chapter 131, Section 40.

Funeral home: Facility for the conducting of funerals and related activities such as embalming.

General or personal service establishment: Any of the following service establishments and the like dealing directly with the consumer: barber or beauty shop, business or trade school, clothing rental establishment, collection station for laundry or dry cleaning, dressmaking or millinery shop, hand or self service laundry, household appliance repair shop, interior decorating studio, meeting hall for hire, photographic studio, shoe or hat repair shop, tailor shop, typewriter repair shop.

Groundwater Protection Overlay District: The zoning district defined to overlay other zoning districts in the Town of Canton. The groundwater protection district may include specifically designated recharge areas. The following definitions shall apply in Section 9.2.

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Recharge Areas: Areas where precipitation or surface water collects and infiltrates the overlying geologic material into the aquifer. Recharge areas may include areas designated as Groundwater Protection Overlay District.

Gross Floor Area: Total floor area contained within exterior walls, excluding basement space, attic space, and spaces used for heating and utilities and other mechanical apparatus, storage and/or automobile parking.

Healthcare facility/clinic: Any facility whether for profit or non-profit, which provides out-patient ambulatory medical, surgical, dental, physical rehabilitation, or mental health services, as licensed and defined by the Massachusetts Department of Public Health (105 CMR 140). Clinics do not include hospitals, medical offices, or substance abuse detoxification or treatment centers; Healthcare facilities/clinics include urgent care, primary care, specialists, outpatient, day surgery, rehabilitation and sports, mental health, certified home health agencies, physical therapy and speech pathology, renal dialysis facilities, temporary nursing agencies.

Home Association: A corporation or trust owned or to be owned by the owners of lots within a tract approved for flexible development, which holds the title to common open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common.

Home occupation, intensive: the use of a portion of a building accessory thereto in connection with the conduct of a profession or customary home occupation by a resident of the premises for regular class instruction, regular sale of products of the occupation, or regular employment of not more than three (3) persons other than residents of the premises; or, the use of a portion of a dwelling accessory thereto for incidental work and storage in connection with his trade by a resident builder, carpenter, electrician, painter, plumber, or other artisan who performs the major portion of his work off the premises, subject to Section 3.2.3 herein.

Home occupation, non-intensive: the use of a portion of a dwelling or of a building accessory thereto by a resident of the premises as an office, studio or workroom for the conduct of a profession or customary home occupation, subject to the condition that such use is clearly incidental and secondary to the use of the premises for dwelling purposes and subject to the provisions of Section 3.2.2. In particular, a home occupation may include, but are not limited to, the office of a lawyer, doctor, dentist, psychologist, social worker, architect, engineer, real estate agent or insurance agent, the studio of an artist, musician or teacher (with any regular instruction limited to one pupil at a time), or the workroom of a dressmaker, milliner, or photographer, but do not include any uses hereinafter set forth as permissible by special permit in the same district.

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Hospice: An inpatient facility licensed by the Department of Public Health (105 CMR 141) providing palliative and supportive care and other services by an interdisciplinary team under the direction of hospice administration to terminally ill patients with limited life expectancy and to their families. Services may be provided at home, in the community, and in a facility. Services might include nursing, social services, volunteer services, and counseling services. Home health agencies and temporary nursing agencies offering hospice care are considered clinics.

Hospital: An institution licensed by the Department of Public Health (105 CMR 130) providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other physical or mental conditions and including, as an integral part of the institution, related facilities, including laboratories, outpatient facilities, training facilities, medical offices, and staff residences. “Hospital” does not include long term care facilities, substance abuse detoxification or treatment centers, or health care facilities/clinics.

Hotel or motel: The following definitions shall apply for hotels and motels.

Standard hotel or motel: A building or buildings intended and designed for transient or overnight lodging (excluding extended stay, see below), divided into separate units within the same building without kitchenette facilities and with or without a public dining facility. No occupant of such hotel or motel may claim residency at such location.

Extended Stay Lodging: Hotel, motel, or guest quarters that offer rooms by the day, week, or longer to transient guests, which rooms contain kitchenette or cooking facilities, and may or may not contain a restaurant within the facility. Such cooking facilities may include a refrigerator, two (2) burner stoves, without oven, a microwave oven, dishwasher and sink and other permissible accessory uses authorized by special permit from the Special Permit Granting Authority as set forth herein. Such units shall not offer extended stay lodging for more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a continuous four (4) month stay, nor may the guest stay more than six (6) months in any calendar year. No occupant of such hotel or motel may claim residency at such location.

Independent Senior Living Apartments: Multi-family buildings containing three or more dwelling units, which building houses only residential uses intended for individuals 55 years or older, and/or families with at least one family member aged 55 and older. Independent Senior Living Apartments shall be considered multi-family dwellings for the purposes of Section 6.1.1 and Section 8.2.

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Junk: Any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use (but not including any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purposes as readily as when new).

Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

Kennel, commercial: A commercial establishment in which more than three (3) dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold.

Large Scale Ground Mounted Solar Photovoltaic Overlay District: For the purposes of Section 9.7, the following definitions shall apply:

As-of-Right Siting: As-of-Right Siting shall mean that development of a large-scale ground-mounted solar photovoltaic installation, consistent with the protections offered by G.L. c. 40A, § 3, may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to site plan review to determine conformance with the local Zoning Bylaws. Projects cannot be prohibited, but can be reasonably regulated by the Site Plan Review Authority.

Building Inspector: The inspector of buildings, building commissioner, or local inspector charged with the enforcement of the Zoning Bylaws.

Building Permit: A construction permit issued by an authorized building inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing large-scale ground- mounted solar photovoltaic installations.

Designated Location: The location designated as the “Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District (SPOD)” in accordance with Massachusetts General Laws Chapter 40A, Section 5, where large-scale ground-mounted solar photovoltaic installations may be sited as-of-right. Said location is shown as Assessors Map 40, Parcel 44, pursuant to Massachusetts General Laws Chapter 40A, Section 4. This map is hereby made a part of this Zoning Bylaw and is on file in the Office of the Town Clerk.

Large-Scale Ground-Mounted Solar Photovoltaic Installation: A 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.

On-Site Solar Photovoltaic Installation: A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

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Rated Nameplate Capacity: The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).

Site Plan Review: Review by the Site Plan Review Authority pursuant to Section 10.5 of this Zoning By-law.

Site Plan Review Authority: For purposes of this Bylaw, Site Plan Review Authority refers to the Zoning Board of Appeals.

Solar Photovoltaic Array: An arrangement of solar photovoltaic panels.

Zoning Enforcement Authority: The person or board charged with enforcing the Zoning Bylaws.

Light Manufacturing: Light industry and/or light manufacturing includes the assembly of previously prepared or manufactured parts, machine shops or other metal working, printing and graphic arts establishments, or the manufacturing, compounding, processing or packaging of products such as candy, cosmetics, perfumes, pharmaceutical and biotechnical, toiletries, food products and building and construction products.

Limited Industrial Recreational use: indoor or outdoor sports and fitness facilities; playing fields; picnic areas; and facilities for the sale and serving of food, health products and beverages incidental and related to recreational use. The words "recreational use" shall not mean professional or semiprofessional sporting events, trade shows, theaters, music concerts, nightclubs and the sale or trade of merchandise other than the sale of merchandise incidental and related to the recreational use.

Long-term care facility: Any institution licensed by the Massachusetts Department of Public Health (105 CMR 150) whether for charity or non-profit providing four or more individuals with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long-term care facilities include convalescent or nursing homes, rest homes, infirmaries maintained in town and chartable homes for the aged. Long-term care facilities do not include hospitals, clinics, medical offices, or substance abuse detoxification or treatment centers.

Lot: A single parcel of land held in identical ownership throughout, and defined by metes, bounds or boundary lines in a recorded deed or on a recorded plan.

Lot area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use.

Lot, corner: A lot with two (2) or more adjacent sides abutting upon streets.

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Lot Coverage: The portion of a lot, expressed as a percentage, that is occupied by buildings or structures, including accessory structures.

Lot, depth of: The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

Lot Frontage: Frontage of a lot is the distance of the property line that directly abuts a public or private right-of-way. The line is measured continuously along a single street or streets for corner lots. The minimum frontage must be maintained from the front property line through the principal building parallel to the frontage.

Lot line: A line dividing one lot from another, or from a street or way.

Lot Width Through the Principal Dwelling/Building: The horizontal distance between the two side yard property lines, measured parallel to the lot frontage through any portion of the principal building or dwelling.

Manufacturing: The processing and manufacturing of materials, and the manufacturing of previously prepared materials, of finished products or parts. This includes processing, fabrication, assembly treatment, packaging incidental storage, sales and distribution of such products, including renewable and alternative energy companies, but excludes the following uses: packaging of meats and fish products, heavy punch presses or drop hammers.

Medical Marijuana Treatment Center: A not-for-profit entity as defined by Massachusetts law only, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations.

Medical office or group of such offices: Office (or 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.

Medical or dental labs: A laboratory where microbiological, chemical, hematological, biophysical, cytological, immuno-hematological, or pathological examinations are performed on materials derived from the human body to provide information for the diagnosis, prevention, or treatment of a disease or assessment of a medical condition (see Executive Office of Health and Human Services 101 CMR 320). This excludes scientific

-163- or research laboratories and those categorized as Level 4 by the National Institutes of Health.

Mixed-Use: A building containing residential in addition to non-residential uses.

Motel or hotel: A building or buildings intended and designed for transient, overnight or extended stay lodging, divided into separate units within the same building with or without a public dining facility. If such hotel or motel has independent cooking facilities, such unit shall not offer extended stay lodging for more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a continuous four (4) month stay, nor may the guest stay more than six (6) months in any calendar year. No occupant of such hotel or motel may claim residency at such location.

Motor vehicle body repair: An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but does not include the storage vehicles for the cannibalization of parts.

Motor vehicle general repairs: Premises for the servicing and repair of autos, but not to include fuel sales.

Motor vehicle fuel station: A building or place of business where gasoline, oil, batteries, tires and other allied products, supplies or parts of motor vehicles are furnished or sold directly or indirectly to the motor vehicle trade, or where minor repairs or adjustments to motor vehicles are performed. Includes the sale of packaged food and other convenience items

Municipal facilities: Facilities owned or operated by the Town of Canton.

Non-conforming Use: A use lawfully existing at the time this By-law or any amendment thereto is adopted which does not conform to the Use Regulations thereof, including an existing use permissible on special authorization of the Board of Appeals but which has not been so authorized.

Non-accessory Signs: Any billboard, sign, or other advertising device that does not come within the foregoing definition of an accessory sign.

Nursing or convalescent home: See definition for long-term care facility.

Parking Bay: An area consisting of a number of parking spaces or stalls laid out in a regular pattern side-by-side with the long dimension of included spaces parallel to each other.

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Parkland Open Space or Recreational Uses: Conservation areas for water, water supply, plants, and wildlife; Conservation areas for flood protection and dams necessary for achieving flood protection; Active or passive recreational use, cultural, civic and not for profit expositions; Land providing public access to recreational or conservation land or bodies of water; Day camps, picnic areas, public gardens and nature study areas; Golf courses, hockey rinks, and accessory uses, including snack bars, pro shops, and retail sales in connection with and incidental to a golf course or hockey rink; Historic Structures.

Pharmacy or drug store: A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as well.

Premises: One or more contiguous lots in the same ownership or use, together with all buildings and structures thereon.

Recorded: Recorded or registered in the Norfolk County Registry of Deeds.

Recreational Marijuana Establishments: All types of marijuana establishments as defined in M.G.L. c.94G,§1(j), including marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, but not including Registered Marijuana Dispensaries as defined in Section 7.7.3 of this Zoning By-law or Medical Marijuana Treatment Centers as defined in this Section 11 and as defined in Chapter 369 of the Acts of 2012 and 105 CMR 725.004.

Rehabilitation Hospital: An in-patient facility, as defined by the Federal Department of Health and Human Services, Centers for Medicare & Medicaid (CMS-1480-N), where at least 60% of the population served meets at least one of the following medical conditions: stroke, spinal cord injury, congenital deformity, amputation, major multiple trauma, fracture of femur (hip), brain injury, neurological disorders including MS, MD, and Parkinson’s, burns, active rheumatoid arthritis, systematic vasculidities with joint inflammation, severe osteoarthritis, or knee or hip joint replacement.

Restaurant: Establishment whose primary use is for the sale of prepared food or beverage for consumption within the building.

Retail: A facility selling goods but not specifically listed in the Table of Use Regulations.

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Scientific or Research Laboratory: Laboratory or research establishments including biotechnology companies (excluding laboratories categorized as Level 4 by the National Institutes of Health), and renewable and alternative energy companies.

Sign: Any letter, word, symbol, drawing, picture, design, device, article or object that advertises, calls attention to, or indicates any premises, persons, products, businesses or activities, whatever the nature of the material and manner of composition or construction.

Short-term rental: An owner-occupied, tenant-occupied or non-owner occupied property including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment, where; (i) at least 1 room or unit is rented to an occupant or sub-occupant; and (ii) all accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such. It does not include time-share property. A short-term rental is a rental that is for not more than 31 consecutive calendar days.

Standing Sign: Any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to a building.

Street or Way: Includes a way, street or road open and dedicated to public use, certified by the Town Clerk to have been used and maintained by public authorities as a public way; or a way approved and constructed under the provisions of Subdivision Control Law; or a private way in existence prior to said Subdivision Control Law, having in the opinion of the Planning Board, adequate width, grades and construction for the vehicular traffic and the installation of Municipal services to serve the land abutting on each such way and the buildings erected or to be erected thereon.

Structure: A combination of materials assembled at a fixed location to give support or shelter or for other purposes, including buildings, frameworks, tents, signs, fences, antennae, and the like.

Substance abuse detoxification or treatment center: A residential rehabilitation unit, treatment unit, detoxification facility, or other facility licensed by the Department under 105 CMR 164.000. This may include in-patient or out-patient facilities providing care coordination, case management, medical, pharmacological, psychological, psycho- educational, rehabilitative, or social services and therapies. A substance abuse facility that offers both inpatient and outpatient services would be defined as an in-patient facility, per Section 4.2.7. A substance abuse facility that offers only outpatient services would be treated as an outpatient facility, per Section 4.2.8. This does not include hospitals, long-term care facilities, clinics, or medical offices or groups of offices, such as drug or alcohol counselors where no medication is provided on-site.

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Telecommunication Tower: A self-supporting monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC. Only free standing monopole structures with associated antenna array and/or panels are allowed. Lattice styled towers, and similar facilities requiring three or more legs and or guy wires are not allowed. The following definitions shall apply in Section 7.5.

Antenna support structure: Any building or structure other than a tower which can be used for location of telecommunications facilities.

Applicant: Any person that applies for a tower development permit.

Application: The process by which the owner of a parcel of land within the town submits a request to develop, construct, build, modify, or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an Applicant to the town concerning such a request.

Engineer: Any engineer licensed by the Commonwealth of Massachusetts.

Owner: Any person with fee title or a long-term (exceeding ten (10) years) leasehold to any parcel of land within the town who desires to develop, or construct, build, modify, or erect a tower upon such parcel of land.

Person: Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Stealth: Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles, and trees.

Telecommunications Facilities: Any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include: Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial, or any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.

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Tower: A self-supporting mono-pole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC. Only free standing mono-pole structures with associated antenna array and/or panels are allowed. Lattice styled towers, and similar facilities requiring three or more legs and or guy wires are not allowed.

Trade shop: Shop of a builder, carpenter, cabinet maker, caterer, electrician, painter, paperhanger, plumber, sign painter or upholsterer with not more than five thousand (5000) square feet of total floor area per establishment used for work and storage (exclusive of area used for office or sales purposes).

Toxic or Hazardous Material: Any substance or mixture of physical, chemical or infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Canton. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under

Massachusetts General Laws Chapter 21C and 21E and 310 CMR 30:00, and also includes such products as solvents and thinners in quantities greater than normal household use.

Veterinary Facility or Clinic: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the use.

Warehouse or distribution plant: A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises. The terms "warehouse" and "distribution plant" as used herein, shall not be deemed to include a rail or truck terminal or freight transfer depot owned, leased or operated by a common carrier or other carrier for hire where the dominant purpose of the facility shall be for sorting of goods and materials for reshipment and its use for storage or warehousing shall be incidental. In the LI District, a warehouse or distribution plant is specifically limited to the following products: Lumber and other building supplies, contractor equipment, cotton or wool, livestock feed, fertilizer, food, furniture, hardware, household articles, metal, paint and paint supplies, tobacco, drugs and allied products, tools, wood or any products of manufacturing activities permitted by this paragraph (whether or not produced on the premises.)

Wetlands: An area characterized by vegetation described in General Laws, chapter 131, Section 40.

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Wind Energy: The following definitions shall apply in Section 7.6.

Height: The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

On-Site Wind Facility: A wind project, which is located at a commercial, industrial, agricultural, institutional, or public facility that will consume more than fifty percent (50%) of the electricity generated by the project on-site.

Rated Nameplate Capacity: The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a “nameplate” on the equipment.

Substantial Evidence: Such evidence as a reasonable mind might accept as adequate to support a conclusion.

Utility-Scale Wind Facility: A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

Wind Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.

Wind Monitoring or Meteorological Tower: A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

Wind turbine: A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Yard: A space open to the sky, located between a building or structure and a lot line, unoccupied except by fences, walls, poles, paving, and other customary yard accessories.

Yard, front: A yard extending the full width of the lot and situated between the street line and the nearest point of the building.

Yard, rear: A yard extending the full width of the lot and situated between the rear line of the lot and the nearest part of the main building projected to the side line of the lot.

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Yard, side: A yard situated between the nearest point of the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

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