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:

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:

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:

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:

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:

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:

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:

LIGHTING. The following definitions pertain to Section 5.4, Lighting:

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.

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 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:

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.)