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Reviews for Waltham-1988-Zoning-Ordinances----Part-2
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ARTICLE 1 ARTICLE 2 ARTICLE 2.0 RULES OF CONSTRUCTION 1. 34 Noxious uses; 1.35 . Areas and dimensions of land and bodies of water to be 2.1 GENERALLY: Words used in the present tense include the future . occupied by the uses and structures, courts, yards and open Words used in the masculine gender include feminine and neuter; and in the feminine or neute r , the masculine. Words spaces; used . in the singular number include the plural, and in the plural, the singular. "Lot" includes "plot"; "occupied" includes "designed, arranged or intended to be occupied", and .1~36 Density of population and intensity of use; "used" includes "designated, arranged or intended to be used". 1. 37 Accessory facilities and uses, such as vehicle parking and loading, landscaping and open spaces; 2.2 INTENT, INTERPRETATION: The separate provision of this Chapter and the zoning map are adopted with the intent that each shall The development of the natural, scenic and aesthetic qualities have force and effect separately and independently, except 1'038 where one provision or part thereof is made dependent upon of the community. another, either by express reference or necessary implication. The invalidity of any provision or part thereof shall not affect th~ validity of any other provision. Whenever this 1.4 STATE BUILDING CODE: . Nothing in this Chapter shall be Chapter imposes qreater restriction upon the construction or construed to regulate or restrict the use of materials or use of buildings or land than other ordinances or existing methods of construction of structures regulated by .the state provisions of law, regulations or permits or any restrictions, Building Code. (Ord. No. ' 24439) easements, covenants or agreements, the provisions of this Chapter shall prevail. . 2.3 DEFINITION OF TERMS: 2.301 ABANDONMENT:The visible or otherwise apparent intention of an owner or occupant to discontinue or ab.andon a particular non conforming use or structure including, but not limited to the removal of equipment or furnishings customarily incidental to a particular use without their replacement within sixty (60) days with similar equipment or furnishings; the replacement of a non-conforming use or structure with a conforming use or structure; the storage of non-garaged, unregistered motor vehicles for more than sixty (60) days 'on parcels not authorized by this ordinance for the storage or repair of said motor vehicles. . 2.302 ACCESSORY BUILDINGS: A building subordinate to the principal buildi~g, ~nd buildings customarily incidental to that of a principal building or principal use on the same premises, including a private garage, the use of which is customarily incidental to that of a principal building on the same . premises. All accessory buildings shall ,be subject to all dimensional regulations set forth in this ordinance. - 2 - - 3 - ARTICLE 2 ARTICLE 2 ( 2.311 BUILDING, NEW: A building the erection of which was begun after .if December 27, 1988 . 2.303 ACCESSORY USE: Use of land, building, or part of building that is customarily incidental and clearly subordinate ~o the principal use of the premises . . Accessory uses ,are p~rm1tted 2.312 BUSINESS: The transaction or carrying on of a trad e or in all districts if not hazardous, harmful or 1ncons1stent commercial enterprise, other than manufacturing l with a view to with specific use or dimensional restrictions applicable to profit or for a livelihood . . such districts. 2.313 CELLAR: A portion of any building that has more than half of 2.304 . AtTERATION: A change in, or addition to, a build~n w hich its clear height below the average grade of the adjoining modifies its location, plan, manner of cor:struct10r: or the ground. For the purposes of this ordinance a cellar shall not kind of materials used, or in any way var1es the S1ze or be con~ider~d as a story (see Section 2.340). character of its use . . .1 ' 2.314 CONDOMINIUM: The land, the building or buildings, all other 2.305 APARTMENT: A room or set of rooms fitted with housekeeping ·improvements and structures thereon, and all easements, rights facilities and used as a dwelling unit as defined in section and appurtenances belonging thereto, which have been submitted 2.3. according to the provisions of G.L. Ch. 183A. A condominium shall be treated as a form of land ownership, not land use, and shall be subject to the applicable provisions of the zoning . 2.3 ·06 BASEMENT: A portion of the building partly underground but ordinance~o the district in which it is located. · having less than half its clear height below the,avera<!e grade of the adjoining ground. For the purposes of th1s ord1nance a basement shall not be considered as a story , see Section 2.315 CORNER LOT: A lot bounded by more than one street whether public · 2.340. or private which has an interior intersecting angle of one hundred thirty-five (135) degrees, or less, formed by the tangents or straight segments of street lines between the side 2.301' BUFFER ZONE: Areas of land maintained in a landscaped fashion or rear lines of such a lot or by an extension of such street or in a natural state that are open, unpaved, unbuilt upon and lines. A lot bounded by one street shall be considered a corner not used for buildings, as parking areas for motor vehicles, lot when the tangents or straight segments of the street line or for storage df any kind. between the side lines of the lot form, or would form if extended, an interior angle of one hundred five (105) degrees or less. 2.308 . BUILDING: A combination of any materials, whether portable or fixed, having a roof to form a structure for the she~ter of persons, animals or p~operty. For the p~rpose of th1s 2.316 DWELLING: A building which is designed for, or occupied, as a definition, "roof" shall include any awn1ng~ marquees, or place of abode by one (1) or more persons either permanently or similar covering, whether or not permanent 1n nature. transiently. . 2.309 BUILDING, EXISTING: Buildings actually completed prior to the 2.317 DWELLING UNIT: One (1) or more rooms designed for, or occupied effective date of this Chapter, and buildings which have been a·s a place of abode by, one or more persons living as a single issued a build~ngpermi prtior to . said date. housekeeping unit with cooking, sleeping and toilet facilities. 2.318 2.310 BUILDING LINE: ·A line in accordance with the dimensional FLOOR AREAl GROSS: The total area of all floors of a building, criteria established by this ordinance beyond which any buildi excluding all parking areas and all parking structures and the or structure or any part thereof shall not extend, not to be traditional roof appurtenances such as mechanical penthouses, construed to prohibit fences which are legally erected. all mechanical rooms, flagpoles, chimneys and similar structures but including cellars, basements and mezzanines to the inside face of exterior walls thereof, and including partitions, stair - 4 - - 5 - ARTICLE 2 ,ARTICLE 2 wells, corridors and fully enclosed porches with permanent 2.327 JUNK: Old or scrap .copper, brass~ 'rope, rags, batteries, paper, roofs. ~, trash, :-ubber debr1s, waste, or Junked, dismantled, or wrecked automob1les, or parts thereof, iron, steel, and other old or 2.319 FLOOR AREA, HABITABLE: The gross floor area, exclusive of scrap. ferrous ,or non~errou msaterial, not including any item cellars, basements, mez zanines, stair wells and corr ,idors. that 1S or may contaln a hazardous material as defined by the Massachusetts DEQE. 2.320 ' FLOOR AREA, PUBLIC: That part of the gross floor area to which the public has access or wherein the public is served. 2.328 LOT: A parcel of real estate as described in a de~d or shown on a plan separate from any other parcel, such deed or plan being recorded in the 'Registry of Deeds , or approved by the Board of 2.321 FLOOR AREA RATIO (FAR): The ratio between the gross floor area Survey and Planning and on file with the city Engineer. a~ defined by this ord i nance of all buildings and structures on a particular lot or parcel, and the total land area of that lot ' and/ or parcel. , 2,.329 LOT LINE: The division ,pet-ween individual 'lots ,. ' 2.322 FRONT YARD: The required setback extending across the entire 2.330 LOT WIDTH: The, shortest distance between the side lot lines width ,qf the lot between the street line and 'the required measured through the front yard setback line. setback line. (Ord. No; 22222) 2.331 NON-CONFORMINGUSE: The use 'of any building, structure or land 2.323 FRONTAGE: The width of a lot measured along a public street or that does not conform to the regulations of the district in private way. Which it is located providep that such use was in existence and "lawful at the time the applicable provisions of this or prior , zoning ordinances becameeffecti ve. " ' 2.324 GRADE: The average elevation of the finished ground level alon each wall of a building. 'Further, for the purposes of this ordinance, there shall be a maximum berming height of ,six (6) 2.332 PRINCIPAL BUILDING: Any building in which the predominant use of feet within fifty (50) feet of any affected foundation . wall for the lot is contained. ', non-residential structures; and a minimum berming height of six (6) feet within fifteen (15) feet of residential structures. PRINCIPAL ~SE: The primary use to which the premises are devoted , and the ma1n purpose for which the premises exist. 2~32SHALF STORY: Any story which is under a pitched roof where the point of intersection of the tops of the rafters and the face 0 the wall is less than three (3) feet above the floor level. 2.334 'REAR LOT LINE: The lot line opposite the street line, except that " in the case of a corner lot the rear lot line 'shall be th7 l~n oepp~s tie ~sereet line'of the street on which the 2.326 HEIGHT OF BUILDING: The vertical distance allowed for all , pr1nc1~al.bu11~ fcesg In exceptional cases, ,which do not structures in each zoning district, above the average existing ,'fall w1th1n th1s rUle, the rear lot line shall be determined by 'elevation of a lot or parcel of land; the average existing the building inspector. ' , elevation being the average of the aggregate averages of all sides or boundaries. To determine the average elevation of ea side or boundary, there shall be ,a measurement of elevation at 2.33"5 R~ YARD: The required setback extending across ,the entire each side or boundary angle and at least once every thirty (30 ) W1~th.~ th,e.l oe~w en ~he rear lot ~ine and that part of the feet between said angles. Further,the determination of the pr1nc1pal bU1ld1ng Wh1Ch 1S nearest sa1d rear lot line. ' allowed height of a building on any parcel shall be made at th e time of application for a building permit. (For permitted superstructure see section 4.217.) 2.336 RECORD OR RECORDED: Title to a lot as disclosed by a deed recorded in the Middlesex County Registry of Deeds, or a - 6 - - 7 - ARTICLE 2 ARTICLE 2 certificate of title ,'issued by the Land Court section of such registry, or record ,title disciosed by any and all pertirient public records. USABLEOPEN SPl\CE: " Areas open and unobstructed to 'the sky 'that " can be used for 'active or passive recreation purposes. Benches, walkways, pools, atriums, trees, flagpoles, sculpture and 2.337 SETBACK: The reqUired minimum distanc e from the lot line or obstructions.ructures or entities shall 'ot "e considered street line to ,thenearest part of th a structure. , For the ~urposes of this ordinanbe fences, ret~inin wgalls, flagpol~s and front entrance steps shall not be subject to setback requirements. 2.33 B SIDE YARD: The required setback within the lot, beginning at each side lot lines and extending toward the parts of the buildirignearest such side lot lines. , On ,the corner lot, the line of the street forming the intersection with ,the street on ~ which the building fronts shall be considered the street line. ' Side yards of corner lots shall comply with setback requiremen~ applicable to existing buildings on the side street. (Ord. No. ~ 22222) 2.339 SIGN: See section 6.0 entitled, ' "special Provisions Relating t Signs." (Ord. No. 24442) ,, , 2.340 , STORY: That part of a building between any floor and the floo r 'or roof next above. ,For the purpose of this Chapter, where a building is not divided into stories, a story shall be ' considered up to fifteen (15) feet in height. See Section 4. 2 Height Exceptions. ' 2.341 STREET: A way, whether public or private, used or dedicated f o use for purposes of passage, and including streets, avenues, boulevards, parkways, alleys, lanes and viaducts. 2-.342 STREET LINE: The dividing line between a street and adjacent , land. 2.343 STRUCTURE:A combination of materials, assembled together to give support or shelter. The, term "structure" shall include a building,framework, retaining wall,tent, reviewing stand, free-standing dish antenna, platform, bin, fence, swimming poo trailer, sign; flagpole, mast for radio antenna or 'the like, , shall be construed, where the context allows, as though ,folIO by the words "or part or 'parts thereof". Ornamental garden fences, erected or placed on the interior of a lot shall not b considered as structures. '- 9 .. - 8 - ARTICLE 3 ARTICLE 3 DISTRICT BOUNDARY .DETERMINATION: The location of the boundary ARTICLE 3.0 ESTABLISHMENT OF DISTRICTS lines of the districts as shown on the zoning map shall be determined as follows: 3.1 CLASSI~ICATION OF DISTRICTS . - 3.141 DISTRtCT BOUNDARYLINES ON STREETS, RAILROADS, -OR RIVERS: ..Where the .boundary lines are shown on the zoning map to be GENERALLY: For the purpose of this Chapter, the City is hereby within the street lines of public or private ways, railroad 3.11 rights-of-way . or rivers, the center lines of such streets divided into the following classes of use districts: railroads or rivers shall be the distridt boundary lines. _ ' . . .. Residence A-I Districts .•~ ...•.....•.... (RA-1) 3.142 DISTRICT BOUNDARYLINES ON·LOT .LlNES: Where the boundarY ·lines Residence ·A-2 Districts •...•....•....•.. (RA-2) Residence A-3 Districts .......•....•..•. (RA-3) are shown to be approximately on property or lot lines and the Residence A-4 Districts •••.. '......•.•..• (RA-4) exact loqation of the property, lot or boundary lines is not ... Residence B Districts •. .......•..•..•••.•.. (RB) indicated by means ·of figures, then the property or lot lines · Residence £ Districts •••.•........••.•..• ~(RC) shall be the district boundary lines. Residence Dbistricts ...•...........•.••.. (RD) Business A Districts •....••.•• ~•.....•.•.. (BA) 3.143 DISTRICT BOUNDARY:LINES .OUTSIDE OF STREET LINES: Where the . Business B Districts .•....••••...•...•••.. (BB) boundary lines are shown to be located outside the street Limited ConrtnercialDistricts .~ •.•.•...•••• (LC) , lines c;>fpublic orpriyate ways and are shown to be Commercial Districts •••..•..•••.•..•••••..• (C) approxl.mately parallel thereto, they shall be deemed to be Industrial Districts •.• ~..••.•.•...••..••. ~(I) Conservation/Recreation Districts -••..•••. (C/R) parallel to such street lines • . Figures placed upon the zoning (Ord. No. 24441) - . . ' map between .distric;:t boundary lines and street lines indicate the distance in feet between the two lines measured at right 3.12 _ FLOo.D PLAIN DISTRICT: A Flood Plain District is hereby angles to the street lines, unless otherwise .indicated. . established which is an overlay district and includes all special flood hazard areas designated as Zones A, A-1,A-2, A 3.144 ALL OTHER DISTRICT BOUNDARYLINES: In all cases which are not 3, A-4, A-7 and A-8 on the Waltham Flood Boundary and Floodwa y covered by the other provisions of this section, the location Maps as prepared by the Federal Emergency Management Agency c;>f district boundary,lines shall be determined by the distanc~ and dated December 18,19, 1979 "as amended" on file with the l.n fee~ from other ll.nes upon such map, wherever given; City Clerk, Planning Department, Public Works Department, Engineering Division, and with _the Inspector of Buildings. _otherwl.se such location shall be determined according to the These maps, as well as the accompanying .Waltham Flood scale of such map. Insurance study, are incorporated herein by reference. (Ord. No 24676 and No. 25585) - 3.145 DETE~~TION ~F UNCERTAIN BOUNDARY ~INES: Whenever any uncertal.nty eXl.sts as to the exact location of a district _boundary line, the location of such lines shall be determined 3.13 ZONING DISTRICT MAP: The districts enumerated in ARTICLE 3.0 bY~he Inspector of Buildings after consultation with the City SECTION 3.11 are hereby established as shown, defined and Engl.neer. bounded on the map accompanying this Chapter entitled "Wal Massachusetts Zoning District Map", dated December, 1985, -an d on file with the City Clerk. The Zoning District Map and al l explanatory matter thereon are hereby made a part of this Chapter, and it is hereinafter referred to as the "Zoning A reproduction of -said map updated to include later shall be included with each published copy of this (Ord. No. 24266) . - 11 - - 10 - . ARTICLE 3 ARTICLE 3 shall be considered prima facie evidence that the renting of 3.2 DEFINITION OF QSES " if rooms in that particular dwelling did not exist as of .thedate oftheadoptiori of said SUbsection (Ord No 25046 December 28, The "following definitions describe, ' limit and clarify the uses 1981) . listed in Section 3.4 TABLE OF USES. 3.26 Lodging Houses: A dwelling,exciuding dormitories of charitable, educational, or philanthropic institutions, in RESIDENTIAL USES which roomsare .rented to four (4) or more persons riot within the second degree of kindred to the owner, and in ·which meals maybe served to residents. Further, a residential dwelling . 3.21 Single Family ·Detached:A detached building designed for, ·or unit subject to the licensing provisions of Chapter 140 of the occupied exc lusively by, one family. General Laws, except that the applicant for a lodging house . .license need not be a resident owner of the premises sought to be used as a lodging house and need not file a statement with Two Family Detached-.: A detached building designed for, or the Inspector of Buildings similar to the requirement for 3.22 roomi,ng hous "es. . . . occupied exclusively by, two families. 3.23 Accessory Dwelling unit: A second dwelling unit "located within 3.27 Hotels/Motels: Commercial establishments offering lodging and a structure constructed as a single ·family detached dwelling, . usually meals to,the general public including hotels, motels subordinate in size to the principal unit and separated from and apartment hotels, and establishments of a duly licensed it in a manner that maintains the appearance of the structure innholder. as a single family house. 3.28 'Fami1y DayCare 'Homes: A residential structure for not more Multi-family dwellings: .A structure for more than two than six (6) children, including participatory children 3.24 residing in the residence, if licensed by the Office of dwelling units under one root, including row houses, townhouses, garden apartments and apartment houses. . Children under G.L.Ch. 28A, provided however, that the person · holding the license files a statement with the Inspector of Buildings within sixty (60) days of receiving the license or 3.25 Rooming Houses: A dwelling in which the resident owner any renewal thereof. rooms to not more than three (3) persons not within the degree of kindred to the resident owner, iri which meals served by the owner .. Further, a residential structure Medical Office/Professional Office in Residences: Offices of (excluding condominiums) that has received an occupancy permi t physicians, surgeons or dentists; provided, that there are no from the Inspector of Buildings identifying the number of overnight hospital facilities in connection therewith. No roomers to be served, and .that said occupancy permit shall be more than one-quarter (1/4) 'of the dwelling unit or .apartment issued to a person who is the resident owner of the premises. shall be so used and not more than three (3) persons, . ' : including the professional person, shall be regularly engaged Further, for purposes of this ordinance, a rooming house shal l in the permitted activity. Such professional office may be not maintain cooking facilities other than in the principal . . maintained only as part of the dwelling unit ' used by the kitchen of the dwelling unit and interior signs only are professional person as his private residence. permitted to advertise the use, provided however, that such sign shall not be illuminated and shall.not exceed one (1) square foot in area and any person rentl.ng rooms to one .(1) or 3.210 Custom~r Hoyme occupations: Offices of architects, engineers, lawyer~ ,ccountants , tutors or like professional persons more persons as of the effective date of this sUbsection shal l file a statement with the Inspector of Buildings within six shallbe 'consfdered customary home occupations. Artists, (6) months of the passage of this SUbsection. such statement musicians and dancing teachers shall be restricted to giving shall specify the number of roomers living in the dwelling as private lessons only and shall not be permitted to maintain of the date of the passage of this subsection. Failure to fil e studios for class instruction. Typing and computer services, such a statement within the prescribed six (6) months period dress making and millinery, and other business activities - 12 - . - 13 - ARTICLE 3 ARTICLE 3 deemed similar to any of the above mentioned may be permitted 3.215 Educational Uses: Uses of land, buildings or structures for if the building inspector finds that said use is not more If -.providing learning in a general range of subjects on land intensive than _the uses mentioned above. The uses noted in owned or leased by the Commonweal~h or any of its agencies, this definition shall be allowed when situated in the same subdivisions or bodies politic, and including use of land, dwelling or apartment used as _ a private residence by the _ _ buildings or structures for providing facilities for research, person carrying on the occupation, provided that not more than . public education and public display which are owned -.and -. one-quarter -(1/4) of the dwelling unit or apartment shall be - operated by the Commonwealth or any of its agencies, so used and not more than three (3) persons shall be regularly - subdivisions · or bodies politic. . - so engaged including the professional person and/or occupant - .of the dwell ing unit. Tourist homes an .d day nurseries _shall F'llrther, .educational uses 'shall -be construed to lnc1ude an -y not be deemed to be such customary home occupation uses. (Ord. use of land, buildings, or structures for providing learning No. 24054). Hair dressing and beauty parlors shall only be in a general range of subjects on privately owned land by any allowed when a Special Permit has been granted by the Planning educational entity accredited by the appropriate _regulating ' Board who .shall consider the effects upon the neighborhood authority. _ . -- and the city at large of said special Permit. In no instance shall any customary home . occupation create any visible . - exterior changes to the .residence .in question. '. 3.216 Municipal Buildi~gs City, Federal and State owned structures - designed for public administration, services, and public . ~.. . safety purposes, except .public housing development . .- 3.211 Ac~es Usses/Rersiential: -Accessory use cu~stomarily incidental to any resid .entialuse permitted herein, provided that such use shall not include any activity conducted for 3.217 C~meteries: Lands and as .sociated structures used 'for public gain, or any private walk or 'way giving access to such . and private cemeteries. activity, or any activity prohibited under this chapter.- . . . 3.218 Hos.pi tals, Philanthropic ,and . Charitable Institutions: A Private Residential Garage: A building associated with _a public or private facility for the care and treatment of ill 3.212 residential structure for housing motor vehicles in which no or injured people with all traditional and incidentai support facilities including parking facilities; such as hospitals, ..business or industry connected directly or indirectly with motor vehicles is carried on . . nursing homes, sanatoriums and rest homes but excluding correctional institutions. 3.213 Trailer/Mobile Homes: A dwelling unit that: (1) is not constructed in accordance with the standards set forth in the 3.219 - Public SerVice Corporations: The use of puplic or private land local building code applicable to 'site-built homes and (2) is and structures for the location of 'sewer, water, electric, composed of one or more components each of which was . ' . gas, television, or radio or similar facilities used to - substantially assembled in a manufacturing plant and .designed provide services to the city. to be transported to the home site on its own chassis. 3.220 Membership Clubs: Private clubs, sororities, fraternity houses, lodges and grounds for games and sports provided that -INSTITUTIONAL -USES the principal activity carried on shall not be conducted for profit. - 3.214 Churches: USe .of land, buildings or structures for public - - worship carried on by a recognized religious sect or 3~221 Garage.Public: Any building for housing of motor vehicles -denomination which may include religious instruction, othertban 'a private garage as defined by section 3.2l2~ maintenance ofa convent, parish house or similar facility activities whose purpose is substantially related to furthering the beliefs of such sector denomination. - 15 - - 14 - ARTICLE 3 ARTICLE 3 3.227 Retail Gasoline Stations: Structures used for ' the retail sale COMMERCIAL -of gasoline, oil and greasing stations, the sa 'le and installation of tires and other automobile accessories, public 3.222 . Retail stores: Stands and structures where the principal use garages for storage and minor repair to motor vehicles but of the premises are limited to the conduct of retail business excluding car washes and places of business whi ch engage in and to the dispensing of retail services including car _tin knocking, autobody work, autobody spraying and painting, dealE;!rships. Such stands and structures shall include, but and subject to the provisions of section 3.88. Retail . not be limited to, barber shops, beauty shops and hairdressing gasoline stations that include a convenience food store shall shops, drug stores, florist shops, food stores, furniture be allowed but shall require a Special Permit from the City stores, home appliance stores for retail sale of new Council. . merchandise only (and excluding stores for the sale of second hand merchandise), hand laundries, news stands, photographic 3.228 Restaurants: Eating places, including membership clubs and studios, shoe repair shops, tailor shops, . upholstery shops, establishments which maybe licensed to serve aJ co holic . 'variety stores, gift shops and antique shops. Retail food stores shall also be subject to the hours of operation and beverages, and whose primary method of serving :ood is at other conditions reqUired by this ordinance . . (See section tables, booths, or counters serviced by waiters and 3.619) - - waitresses; and whose primary business is the sale and preparation of food to be consumed on the premises. catering establishments whose primary activity is wholesale preparation 3.223 Laundromats: Establishments for the cleaning of clothing of food to be consumed off the premises shall not be including laundromats, automatic laundries (excluding car considered restatirants. washes), cleaning and dyeing pick-up stat;.ions, dry cleaning and pressing establishments and such establishments are · 3.229 Fast Food Establishment: An establishment where (a) that subject to requirements that the hours of business shall be proportiori of floor space designated to be used for activities . restricted to the period between 7 am and 11 pm. related to food preparation exceeds fifteen percent of the _ total floor area of that story level of the establishment used 3.224 Business and Professional Offices and Banks: Build1ngswhere for such food preparation, and (b) where the primary business offices are used for a general range of business services of the establishment is the sale of food which is packaged or including banking; but specifically excluding drive-i n banking presented in such a manner that it can be readily eaten facilities, manufacturing and manufacturing related - outside the building where it is sold. For the purposes of activities. this ordinance, activities related to food preparation shall