SECTION 10.0 DEFINITIONS
In this Bylaw, 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 Bylaw. 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 “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.” 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 Bylaw.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ADULT USES. Any Adult Bookstore, Adult Motion Picture Theatre, Adult Paraphernalia Store, Adult Video store, or Establishment which displays live nudity for its patrons, or Body Art Establishment. The following definitions pertain to Adult Uses as set forth in Section 8.3:
Adult Bookstore. An establishment having, as a substantial or significant part 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 General Laws, Chapter 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 General Laws, Chapter 272, Section 31.
Adult Paraphernalia Store. An establishment having as a substantial or significant part 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 General Laws, Chapter 272, Section 31.
Adult Video Store. An establishment having, as a substantial or significant part 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 General Laws, Chapter 272, Section 31.
Body Art Establishment. Any location, place, or business that has been granted a permit by the Board of Health whether public or private where the practices of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification, but not including practices that are considered medical procedures by the Board of Registration in Medicine.
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 General Laws, Chapter 272, Section 31.
AFFORDABLE HOUSING. Rental or ownership residences which are affordable to low, moderate and/or middle-income individuals and families as defined by state and federal statute or regulation.
AGRICULTURAL USE. An exempt use governed by the provisions of G.L. c. 40A, s. 3, paragraph 1.
APARTMENT. See “Dwelling Unit.”
APARTMENT HOUSE. A multiple-family dwelling over three stories in height.
AREA OF SPECIAL FLOOD HAZARD. That land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, and/or A99.
AS-OF-RIGHT SITING. As-of-right siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited, but can be reasonably regulated by the inspector of buildings, building commissioner or local inspector, or if there is none in a town, the Select Board, or person or board designated by local ordinance or bylaw
ASSISTED LIVING AND ELDERLY HOUSING. A multi-family residential development intended for individuals at least 62 years of age, regardless of physical or mental condition, which characteristically includes service, recreational, common and function areas intended for use by the residents and their visitors, as well as on-site medical services for residents only. Further, for purposes of this Bylaw, assisted living and elderly housing developments within the IEH Overlay Zoning District shall be for rental purposes only.
ATTACHED RESIDENTIAL CLUSTER DEVELOPMENT OVERLAY DISTRICT.
Within this Section, the following terms shall have the following meanings:
Applicant. The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit 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/her/it/them 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.
Attached Residential Cluster Development (ARCD). A development designed and permitted in accordance with Section 8.7.3.
Attached Residential Cluster Development Overlay District (ARCDOD). See Zoning Bylaw Section 8.7.3.
Dwelling Unit. A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and shall contain a kitchen area or combination kitchen/living area.
Regulations. The rules and regulations of the Planning Board governing the subdivision of land.
BASEMENT. That part of a building partly underground but having more than one-half of its entire wall area above the level of the adjoining ground. A basement shall be counted as a floor or story if used for business or dwelling purposes.
BUILD FACTOR. A ratio of lot perimeter to lot area which limits the degree to which a lot may have an irregular shape according to the following formula:
BUILDING. 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 any similar covering, whether or not permanent in nature.
BUILDING AREA. The portion of a lot remaining after required yards have been provided.
BUILDING INSPECTOR. The inspector of buildings, building commissioner, or local inspector, or person or board designated by local ordinance or bylaw charged with the enforcement of the zoning ordinance.
BUILDING LENGTH. The length of the longest horizontal dimension through a building, or group of attached buildings, measured parallel to building walls and including all overhanging or projecting structures.
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 ground- mounted large-scale solar photovoltaic installations.
BUSINESS OR PROFESSIONAL OFFICE. A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise.
CELLAR. That part of a building having less than one-half of its entire wall area above the level of the adjoining ground. No cellar or portion thereof shall be used as a dwelling unit. A cellar shall not be counted as a floor or story.
CHILD CARE CENTER. A day care center or school age child care program, as defined in G.L. c. 15D, s. 1A.
CLUB OR LODGE, PRIVATE. Facility operated for members or employees only, where the chief activity is not one customarily conducted for profit.
COMMUNITY RESOURCE OVERLAY DISTRICT (CROD). Within this section, the following terms shall have the following meanings:
Community Resource Property. Land and facilities having as their primary use a community resource use.
Community Resource Use. A primary use of a property for a nonprofit educational, agricultural, cultural, institutional, or civic purpose.
CROD Accessory Use. A CROD accessory use is a use carried out on a community resource property if related and subordinate to the community resource use and includes the uses set forth in Section 8.10.5. CROD accessory uses are in addition to and not in limitation of accessory uses that would be otherwise permitted in the zoning district, whether as of right, under the Dover Amendment, or by special permit.
CONTRACTOR’S YARD. Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.
DORMER. A projecting structure on a pitched roof with a window or windows set vertically.
DWELLING, DUPLEX. A building containing two (2) dwelling units that are fully integrated into a coherent, unified massing.
Examples of structures that have fully integrated, coherent, unified massing:
Examples of structures that do not have fully integrated, coherent, unified massing:
DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom and sleeping facilities. A dwelling unit shall have more than one-half of its floor-to-ceiling height above the average level of the adjoining ground. Each dwelling unit shall be occupied by not more than one family.
ERECTED. The word “erected” shall include the words “attached,” “built,” “constructed,” “reconstructed,” “altered,” “enlarged” and “moved.”
ESSENTIAL SERVICES. Public service corporations protected by G.L. c. 40A, s. 3, including, telephone exchange, transformer station, railroad or bus depot, or other public utility or communications use, but excluding any office storage or repair use unless otherwise allowed by the regulations of the district.
FAMILY. Any number of persons related to one another by blood, adoption, foster home placement, or marriage plus not more than two additional persons, all residing together as a single, integral housekeeping unit or where such persons are not related to one another by blood, adoption, foster home placement, or marriage, not more than three persons residing together as a single, integral housekeeping unit.
FAMILY DAY CARE HOME, LARGE. Any private residence operating a facility as defined in G.L. c. 15D, s. 1A.
FAMILY DAY CARE HOME, SMALL. Any private residence operating a facility as defined in G.L. c. 15D, s. 1A.
FIRE LANE. An open space in which no building or structure may be erected and in which no automotive vehicles may be parked, except that buildings may be interconnected by corridors or walkways if provision is made for access by fire apparatus to all outside walls. The open space shall be between a building and a line parallel to and fifteen feet equidistant from a building.
FLOODPLAIN OVERLAY DISTRICT. Area established as an overlay district as indicated on the Town of Winchester’s Flood Insurance Rate Maps (FIRM) and the flood boundary and flood insurance maps developed by the Federal Emergency Management Agency (FEMA) and Federal Insurance Administration. The following definitions pertain to the Floodplain District:
Base Flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. The term “development” does not include the resurfacing of existing pavements by the Town of Winchester Public Works Department for maintenance and safety of roadways.
District means Floodplain Overlay District.
Flood Boundary and Floodway Map means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
Flood Hazard Boundary Map (FHBM) means an official map of a community issued by the Federal Insurance Administration or FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
Flood Insurance Rate Map means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood Insurance Study means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
Floodway means the channel of a river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
Functionally Dependent Use means a use which cannot be performed for its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Historic Structure means any structure that is:
a. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.
Lowest Floor means the lower floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulations 60.3.
Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
New Construction means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of the first floodplain management code, regulation, ordinance or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. For the purpose of determining insurance rates, “new construction” means structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. New construction includes work determined to be a substantial improvement.
One-Hundred-Year Flood. See “Base Flood.”
Recreational Vehicle means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling unit but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory Floodway. See Floodway.
Special Flood Hazard Area means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zones A, AO, AE, A99, and AH.
Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The “actual start” means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation, or the placement of a manufactured home on a foundation. For substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, or floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Permanent construction does not include land preparation (such as clearing, evacuation, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. “Structure,” for insurance purposes, means a walled and roofed building, including a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
Substantial Damage means any damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage” regardless of the actual repair work performed.
Substantial Repair of a Foundation means when work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50 percent of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50 percent of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR.
Variance means a grant of relief by the Town from the terms of a floodplain management regulation.
Violation means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Zone A means the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available Federal, State, local or other data.
Zone A99 means areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined.
Zone AE (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined.
Zones AH and AO means the 100-year floodplain with flood depths of one (1) to three (3) feet.
Zones B, C, and X means areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
FLOOR AREA. The aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot measured from the exterior faces of walls enclosing each building, exclusive of garages, cellar and attic areas used only for storage or for service incidental to the operation or maintenance of such building or buildings.
FRONTAGE, LOT. The boundary between a lot and an abutting street between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines or of street lines extended.
FRONTAGE, STREET. A street which provides the required lot frontage for a building. When a lot is bounded by more than one street any one of them, but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirement and that the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than 135 degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement.
FUNERAL ESTABLISHMENT, UNDERTAKING. Facility for the conducting of funerals and related activities such as embalming.
GARDEN APARTMENT HOUSE. A multiple-family dwelling, not over three stories in height, and containing not less than 4 dwelling units.
GENERAL SERVICE ESTABLISHMENT. Repair shop for household appliances, radio and television sets, or office equipment; retail laundry or dry cleaning establishment; printer.
GREEN SPACE. Includes grass, trees, shrubs, vegetated or other softscape areas, pools, fish ponds, or other water features including but not limited to fountains, and specifically does not include areas for parking.
HALF STORY. See “Story, Half.”
HARDSCAPE. Includes patios, driveways, parking areas or other types of manmade structures or materials such as but not limited to pavers, retaining walls, asphalt, stonework, concrete, and brick.
HEALTH SERVICES OVERLAY DISTRICT (HSOD). Within this Section, the following terms shall have the following meanings:
Ancillary Medical Center Uses. One or more of the following components of a Health Services Facility: Administrative Office; Bank (including ATM); Bicycle Shop; Gift Shop; Coffee Shop; Daycare Center; Lunchroom; Restaurant; Cafeteria (including takeout facilities); Parking Garage; Retail Pharmacy; and Satellite Dishes and/or other telecommunications facilities for the exclusive use of the Health Services Facility; provided, however, that the Zoning Board of Appeals may consider other uses not mentioned herein to be Ancillary Medical Center Uses where the Applicant demonstrates that such uses are incidental to, consistent with and complimentary to the operation of the proposed Medical Center.
Applicant. The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit 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, 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.
Health Services Facility. Shall consist of a Medical Center and may also include one or more Ancillary Medical Center Uses as authorized by special permit.
Medical Center. One or more facilities providing services such as health maintenance, the diagnosis or treatment of human disease, pain, injury, deformity or physical condition, public health center, diagnostic center, treatment center, physical therapy, out-patient clinic, pharmacy, home health-care agency, professional offices (medical and dental), and administrative offices associated with any such services and parking garage, provided, however, that the Zoning Board of Appeals may consider other services not mentioned herein to be Medical Center services where the Applicant demonstrates that such are consistent with and complimentary to the operation of a Medical Center. Such facilities shall not include in-patient facilities where patients are in residence for one or more nights nor facilities which accept patients transported by ambulance (other than on an extraordinary basis or incident to a scheduled treatment program).
Open Space. Open space appropriate for conservation or passive or active recreational purposes in the opinion of the Zoning Board of Appeals. Open Space may include unpaved walkways, landscaped areas, woodlands, wetlands, and buffer zones as defined under the Wetlands Protection Act. Impervious surfaces, parking areas and impervious vehicular access facilities shall not be considered in calculating open space. As a component of the Open Space, the Applicant may designate a Preservation Area, which may consist of forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands which are worthy of preservation.
Regulations. The rules and regulations of the Planning Board governing the subdivision of land.
HEIGHT OF A BUILDING. The height of a building is the vertical distance measured from the mean grade of the existing ground level adjoining the building at each exterior wall to the highest point of the roof. Mean grade is to be determined by measuring the elevation at the major exterior corners of a structure and then dividing the total elevation by the number of points of measurement. The maximum height of a building shall not exceed the distance in feet or the number of stories, whichever is less, as set forth in the Table of Dimensional Requirements for the district in which the building is located.
HISTORIC RESOURCE. A building, area, neighborhood, or other structure that:
a. Possesses integrity of location, design, setting, materials, workmanship, feeling, and association; and
i. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or
ii. Is associated with events that have made a significant contribution to the broad patterns of our history; or
iii. Is associated with the lives of significant persons in our past; or
iv. Has yielded or may be likely to yield, information important to history or prehistory, as set out in 36 CFR, Section 60.4 in effect in 2017; or
b. Is listed on, or is a contributing asset listed on, the National Register of Historic Places or State Register of Historic Places; or
c. Is included in the Massachusetts Historical Commission’s “Inventory of Historic and Archeological Assets of the Commonwealth.”
HOME OCCUPATION. An occupation conducted in a dwelling unit, as set forth in Section 3.2.1.
IMPERVIOUS SURFACE. Any surface which sheds water rather than absorbing it, such as paved surfaces or rooftops.
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 INSTALLATION OVERLAY DISTRICT. Within this Section, the following terms shall have the following meanings:
Designated Location. The locations designated by Winchester Town Meeting, in accordance with Massachusetts General Laws Chapter 40A, Section 5, where ground-mounted large-scale solar photovoltaic installations may be sited as-of right. Said locations are shown on the Winchester Zoning Map, as created and amended 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. Said installation may be owned and operated by the property owner or by a lessee of the property owner .
On-Site Solar Photovoltaic Installation. A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
Rated Nameplate Capacity. The maximum rated output of electric power production of the photovoltaic system indirect current (DC).
Solar Photovoltaic Array. An arrangement of solar photovoltaic panels.
LIGHTING. The following definitions pertain to Section 5.4, Lighting:
Color Rendering Index (CRI). A measurement of the amount of color shift that objects undergo when lighted by a light source as compared with the color of those same objects when seen under a reference light source of comparable color temperature. CRI values generally range from0 to 100, where 100 represents incandescent light.
Color Temperature. Color Temperature or Chromaticity refers to the color appearance of the light that comes from a light source, also referred to as Correlated Color Temperature (CCT). The apparent color of a light source is measured in degrees Kelvin or “K”. A low color temperature corresponds to ‘Warm.’ Incandescent lamps are in the range of 2700 degrees K. ‘Cool’ light comes from sources such as cool white fluorescent lamps operating at 4100 degrees K. Lights appear bluer above 4100 degrees K.
Cutoff Angle. The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.
Direct Light. Light emitted from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
Efficacy. Efficacy is the rate at which a lamp is able to convert electrical power (watts) into light (lumens), expressed in terms of lumens per watt.
Filtered. When referring to an outdoor light fixture means that the fixture is to be fitted with a glass, acrylic, or other translucent enclosure of the light source.
Fixture. The assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens, or diffuser lens.
Fully-Shielded Luminaire. A lamp and fixture assembly designed with a cutoff angle of 90, so that no direct light is emitted above a horizontal plane.
Glare. Light emitted from a luminaire with an intensity great enough to produce annoyance, discomfort, or a reduction in a viewer’s ability to see.
Height of Luminaire. The vertical distance from the finished grade of the ground directly below to the lowest direct light emitting part of the luminaire.
Indirect Light. Direct light that has been reflected off other surfaces.
Lamp. The component of a luminaire that produces the actual light.
Light Trespass. The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located.
Lumen. A measure of light energy generated by a light source. One-foot candle is one lumen per square foot. For purposes of this Bylaw, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.
Luminaire. A complete lighting system, including a lamp or lamps and a fixture.
Shielded. When referring to an outdoor light fixture means that the fixture allows no up-light.
Up-Light. Means direct light emitted by an outdoor light fixture above a horizontal plane through the fixture’s lowest light emitting part.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
LOT. An area of land in one ownership with definite boundaries ascertainable by recorded deed or plan.
LOT AREA. Area within a lot, including land over which easements have been granted, but not including any land within the limits of a street upon which such lot abuts, even if fee to such street is in the owner of the lot, except that if a corner lot has its corner bounded by a curved line connecting other street lines which, if extended, would intersect the area may be computed as if such boundary lines were so extended.
All lots created or shown on a plan presented to the Planning Board must have at least 80 percent of the lot area required for zoning compliance consisting of land other than areas under any body of water including water courses, or land consisting of a bog, swamp, wet meadow, fresh water wetland, or marsh as defined in M.G.L. c. 131, Section 40. All plans submitted to the Planning Board or Building Inspector shall identify those areas defined as a body of water, water course, bog, swamp, wet meadow, or marsh, or if not applicable, contain a statement that “No land lies within a wetland area as defined in M.G.L. c. 131, Section 40.”
LOT, CORNER. A lot bounded by more than one street which has an interior angle of 135 degrees or less formed by the tangents or straight segments of street lines between the side or rear lines of such lot or by an extension of such street lines. A lot bounded by one street shall be considered a corner lot when the tangents or straight segments of the street line between the side lines of the lot form or would form if extended, an interior angle of 105 degrees or less.
LOT DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear.
LOT FRONTAGE. See “Frontage, Lot.”
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.
LOT, THROUGH. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
LOT, REVERSED FRONTAGE. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.
LOT WIDTH. The distance between opposite side lines through that part of the dwelling where the lot is narrowest. At no point between said dwelling and the street frontage shall the lot be narrower than the minimum lot frontage as specified in Section 4.0. In the case of a corner lot, the shorter street frontage may be considered the side line except that in this case the minimum rear yard requirement shall be no less than the side yard requirement.
MANUFACTURING. A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products.
MEDICAL OR DENTAL CENTER. A building designed and used as a clinic for the diagnosis and treatment of human patients that does not include overnight care facilities.
MOTOR VEHICLE FUELING FACILITY. Buildings and premises where gasoline, oil, grease, batteries, tires, and other accessories may be supplied and dispensed at retail, and where the services set forth in Section 6.1.5 may be rendered.
MUNICIPAL. The word “municipal” means the Town of Winchester.
NATURAL RESOURCE. Forests and all uncultivated flora, land, soil and soil resources, lakes, ponds, streams, underground and surface waters, and minerals and natural deposits.
NONCONFORMING USE or STRUCTURE. A lawfully existing use or structure which does not conform to the regulations for the district in which such use or structure exists.
NURSING OR CONVALESCENT HOME. Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OPEN AREA, PERCENTAGE. That percentage of the lot area which is not occupied by any structure.
PARKING SPACE. An area in a building or on a lot available for parking one (1) motor vehicle, having a width of not less than nine (9) feet and an area of not less than 171 square feet, exclusive of passageways and driveways appurtenant thereto, and with free and unimpeded access to a street over unobstructed passageways or driveways.
PERSON. The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
PERSONAL SERVICE ESTABLISHMENT. Barber or beauty shop; shoe repair shop; self-service dry cleaning or laundry; Photographer’s studio and the like.
PUBLIC. The word “public” means the Town of Winchester, Commonwealth of Massachusetts, United States Government or an agency thereof.
REAR LINE OF A LOT. A line separating a lot from other lots or from land in a different ownership, being the boundary of a lot which is opposite or approximately opposite the street frontage.
RECORDED. The due recording in the Middlesex County South District Registry of Deeds, or, as to registered land, the due filing in the Middlesex County South District Land Registration Office.
REPAIR GARAGE. An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to boats or 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.
RESTAURANT. A building, or portion thereof, containing tables and/or booths for at least two-thirds (2/3) of its legal capacity, which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term “restaurant” shall not include “fast food restaurants.”
RESTAURANT, DRIVE-IN/DRIVE-UP/DRIVE-THRU. Any establishment offering prepared food and/or beverages in a ready-to-consume state, at a drive-in/drive-thru or drive-up window facility, ordering or payment station, or otherwise, to persons in motor vehicles.
RESTAURANT, FAST FOOD. Any establishment offering prepared food and/or beverages in a ready-to-consume state, for consumption within or off-premises, which has a customer seating capacity in excess of 30 seats, and whose principal method of operation is the sale of foods and/or beverages in paper, plastic or other disposable containers.
RESTAURANT PLAY AREA. Any portion of a restaurant or its lot which is used as a recreation or play area.
RETAIL. A facility selling goods but not specifically listed in the Table of Use Regulations.
ROADSIDE STAND. Premises for sale of edible farm products, flowers, fireplace wood, preserves and similar products, all of which have been produced or grown within Winchester on land owned by the owner of the stand; no goods except plants, flowers and fireplace wood shall be stored or offered for sale outdoors.
SANITARY SEWER. A public sanitary sewer of the Town of Winchester.
SATELLITE RECEIVING ANTENNAS. An antenna whose principal feature is for receiving signals from an earth orbiting satellite.
SIDE LINE OF A LOT. A line separating a lot from other lots or from land in different ownership, other than a street line or a rear lot line.
SIGN. The word “sign” shall include any letter, word, symbol, drawing, picture, design, device, article and object that advertises, calls attention to or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction, provided however that the following shall not be included in the application of the regulations of the Sign Bylaw.
a. Flags and insignia of any government, except when displayed in connection with commercial promotion;
b. Legal notices, identification, informational or directional signs erected or required by governmental bodies;
c. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; and
d. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SITE PLAN REVIEW. Review by the Site Plan Review Authority to determine conformance with local site plan regulations, as outlined in specific provisions of the Zoning Bylaw of the Town of Winchester, Massachusetts.
SKYLIGHT. A glazed opening in a ceiling of an interior space.
SPECIAL PERMIT. A use authorized by special permit is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special permits, if specific provision for such special permits is made in this Zoning Bylaw.
STORY. That portion of a building contained between any floor and the floor or roof next above it; it does not include either the lowest portion so contained if more than one-half of such portion vertically is below the mean finished grade of the ground adjoining such building, or the uppermost portion so contained if under a sloping roof and not designed or intended to be used for human occupancy.
STORY, HALF. A story directly under a sloping roof in which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than three feet above the floor level on at least two exterior walls.
STREET, ROAD, OR WAY. An area of land dedicated, approved by the Planning Board, or legally open for public travel under at least one of the following classifications:
a. A public way duly laid out by the Town of Winchester, the Middlesex County Commissioners, the Metropolitan District Commission or the Commonwealth of Massachusetts, or a way which the Winchester Town Clerk certifies is maintained by public authority and used as a public way excluding, however, limited access highway; or
b. A way shown on a definitive plan approved and endorsed in accordance with the subdivision Control Law; or
c. A way in existence prior to said Subdivision Control Law having become effective in the Town of Winchester (August 31, 1953), having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected to be erected thereon.
A public or private way as stated above shall not be deemed to be a “street” as to any lot of land that does not have right of access to or passage over said way.
STREET LINE. The right-of-way line of a street.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels.
STRUCTURE, TEMPORARY. Tent, construction shanty, or similarly portable or demountable structure intended for continuous use for not longer than one year.
SWIMMING POOL. Any pool having a depth of at least 24 inches or a water surface area of at least 250 square feet.
TOWN HOUSE. A row of not less than three (3) nor more than ten (10) attached dwelling units contained in one (1) building and separated by common or party walls
TRADE SHOP. Shop of a bicycle repairman, builder, carpenter, caterer, electrician, lawnmower serviceman, mason, painter, plumber, or roofer, provided that all work and storage (including the regular parking of commercial vehicles) shall be conducted within a building.
USE, TEMPORARY. Use, operation or occupancy of a parcel of land, building or structure for a period not to exceed one calendar year.
WAREHOUSE. A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.
WAY. See “Street, Road or Way.”
WIRELESS COMMUNICATIONS FACILITY OVERLAY DISTRICT. See Section 8.4. The following definitions shall apply:
Antenna. The surface from which wireless radio signals are sent and received by a Wireless Communications Facility, including, but not limited to, cross-polarized (or dual polarized) antenna, omnidirectional (whip) antenna and panel antenna.
Camouflaged. A Wireless Communications Facility that is disguised, hidden, or is part of an existing or proposed structure in a visually unobtrusive manner is considered “camouflaged”.
Carrier. A company that provides Wireless Communications.
Co-Location. The use of a single mount on the ground by more than one Carrier (vertical Co-location) and/or several mounts on a building by more than one Carrier.
Cross-Polarized (or Dual-Polarized) Antenna. A low mount that has three panels flush mounted or attached very close to the shaft.
Elevation. The measurement of height above mean sea level, based upon North American Vertical Datum of 1988 (NAVD 88).
Environmental Assessment (EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a Wireless Communications Facility is placed in certain designated areas.
Equipment Shelter. An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging.
Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables.
Height. The height of a Facility is the vertical distance measured from the highest point of the Facility to the base of the Facility; as to a ground mounted Facility, the “base of the Facility” shall be at the point of its intersection with the ground; as to a roof mounted Facility, the “base of the Facility” shall be at the point of its installation to the roof.
Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
Licensed Carrier. A company authorized by the FCC or other agency of lawful and competent jurisdiction to construct and operate a commercial mobile radio service system.
Monopole. The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for antennas.
Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) roof mounted: mounted on the roof of a building; (2) side-mounted: mounted on the side of a building; (3) ground-mounted: mounted on the ground; (4) structure-mounted: mounted on a structure other than a building.
Omnidirectional (Whip) Antenna. A thin rod that beams and receives a signal in all directions.
Panel Antenna. A flat surface antenna, usually developed in multiples.
Personal Communications Services (PCS). These are broadband radio wave systems that operate at radio frequencies authorized by the Federal Communications Act of 1996, as amended (the “Telecommunications Act”).
Radio frequency (RF) Engineer. An engineer specializing in electric or microwave engineering, especially the study of radio frequencies.
Radiofrequency Radiation (RFR). The emissions from Wireless Communications Facilities.
Scenic View Points. Site lines of scenic, historic, environmental and natural or manmade resources as designated from time to time filed by the Board of Appeals as being of particular importance to the preservation of the character and appearance of the Town; from time to time, the Board of Appeals shall file a then current list of the Scenic View Points with the Zoning Enforcement Officer.
Security Barrier. A locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.
Utility. A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services.
Wireless Communications. Wireless telecommunications services regulated by the Federal Communications Commission (“FCC”) and defined as “Personal Wireless Services” in Section 704 or other sections of the Telecommunications Act: by way of example, but not limitation, commercial mobile radio services, unlicensed wireless services, and common Carrier wireless exchange access services.
WIRELESS COMMUNICATIONS FACILITY (FACILITIES). Any structure, antenna, tower, or other device used for commercial and noncommercial purposes and which is used to provide wireless communications services including, but not limited to: Personal Wireless Services, mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (EMSR), personal communications services (PCS), common carrier wireless exchange access services, and any other wireless communications service that may not be specifically named herein but which utilizes wireless facilities, structures, and devices that are functionally similar to those used in services named herein and which may be lawfully subject to local regulation in accordance with this Bylaw and other applicable laws.
WIRELESS COMMUNICATIONS SERVICE (SERVICES). The provision of any of the following services: Personal Wireless Services, mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (EMSR), personal communications services (PCS), common carrier wireless exchange access services, and any other wireless communications service that may not be specifically named herein but which utilizes Wireless Communications Facilities, structures and devices that are functionally similar to those used in the services named herein and which may be lawfully subject to local regulation in accordance with this Bylaw and other applicable laws.
YARD. An open space unoccupied and unobstructed by any structure or portion of a structure, provided however that fences, freestanding walls, poles, posts and other customary yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicular or normal to such lot or street line. Eaves, gutters, chimneys, cornices, platforms, and other similar small appendages to permitted structures shall not be regarded in computation to the extent that they do not intrude into the setback area by more than 20 percent.
YARD, FRONT. A yard extending between lot side lines across the lot adjacent to each street it abuts.
YARD, REAR. A yard extending between the side lines of a lot adjacent to the rear line of the lot.
YARD, SIDE. A yard extending along each sideline of a lot between front and rear yards.
ZONING ENFORCEMENT AUTHORITY. The person or board charged with enforcing the Zoning Bylaw of the Town of Winchester, Massachusetts. (FTM Art. 4, 11/1/2021; FTM Art. 7, 11/5/2020; FTM Art. 10, 11/15/2018; FTM Art. 7, 11/15/2018; STM Art. 8, 4/30/2018; FTM Art. 7, 11/6/2017; FTM Art. 6, 11/6/2017; FTM Art. 6, 11/14/2016; STM Art. 3, 4/25/2016.)