[Amended 5-19-2008]
A. 
Findings.
(1) 
In the early years of the United States, the perception of the vast spaces of the country allowed landowners in their log cabins remote from civilization to do pretty much as they pleased with their properties, and zoning was not of much interest. However, the desire to have access to the goods, services and functions of civilization (e.g., water, sewage, health care and so forth) overcame the desire for unfettered freedom. As long as individual pursuit of goods, services and functions did not impact their neighbors any more than their neighbors' pursuit, all was relatively copacetic. People cooperated with their neighbors before building or planting for the sake of community.
(2) 
Unfortunately, over time, people began to abuse the cooperative spirit for individual gain. Polluting factories were constructed in the middle of dense urban residential areas. Zoning was first enacted to counteract the health implications of these incompatible land uses in 19th century England. Zoning has thus been inclined to regulate land uses rather than the direct cause of the pollution or impact.
(3) 
In more recent times, the sophistication of technology has enabled zoning to directly manage the actual impacts and performance of a given landowner or user upon his/her neighbors, recognizing this as more directly what is objectionable to the neighborhood. One could imagine, for instance, a beautiful clock factory building that would not pollute or adversely affect its neighbors and might in fact employ much of the neighborhood within walking distance increasing both land appeal and value, but zoning by land use alone would probably disallow this type of admittedly rare arrangement.
B. 
Mission.
(1) 
This bylaw is thus enacted to encourage the most appropriate use and performance of land throughout the Town, to eliminate or mitigate the adverse impacts of this use, to conserve the value of land and buildings, to preserve and protect lakes, streams, wetlands, aquifers, watersheds and other environmental resources of the Town, to provide careful recognition of variable soil conditions throughout the Town, to prevent overcrowding of land, to preserve the historical character of the Town and to preserve and increase amenities so that all citizens shall have access to the fruits of living in Winchendon and to a quality of life that they choose without preventing their neighbors from doing the same.
(2) 
It is the intention of this bylaw to encourage practices which will make Winchendon a sustainable community. These include practices that will contribute to the reduction of global warming, discourage the generation of greenhouse gases and encourage their absorption, discourage unnecessary energy use, and encourage the use of renewable energy sources.
(3) 
This bylaw is enacted with reasonable consideration for the Town's unique physical characteristics and its unique suitability for particular uses with a view toward providing direction to the land development policies and proposals of the Planning Board, including making the Town of Winchendon a more viable and more pleasant community in which to live, work and play, consistent with the objectives laid forth in the Master Plan for the Town of Winchendon, including its rural character and easy access to modern amenities.
This bylaw is enacted under rights of local self-government granted by the Massachusetts Constitution and by the authority granted under Chapter 40A of the General Laws of Massachusetts and any amendment thereto.
This bylaw shall be known and may be cited by the title: "Winchendon, Massachusetts Zoning Bylaw."
All buildings and structures hereafter constructed, reconstructed, altered, enlarged or moved, and all uses of land, premises, buildings and structures within the Town of Winchendon shall be in conformance with the provisions of this bylaw.
A. 
The structure of the bylaw is as follows: Article I serves as the introduction to the bylaw. Article II contains the definitions of terms used in the bylaw. Articles III and IV concern zoning districts and special zoning districts, respectively. Article V deals with principal land uses. Article VI takes up accessory, nonconforming and other special buildings and uses. Articles VII through X deal with site considerations. Article VII deals with dimensional and density requirements for lot layouts. Article VIII treats parking and traffic considerations. Article IX discusses signage. Article X deals with the removal and handling of natural materials on a given site. Article XI provides a flexible means for residential development while also preserving open space in conformity with the objectives of the Master Plan. Article XII deals with on-site considerations through requirements for site plan approval. Finally, Article XIII deals with the remaining legal and administrative issues.
B. 
The Planning Board is authorized, after a public hearing as provided in MGL c. 40A, § 11, to adopt, by simple majority vote, appendices that may be included after this bylaw. These will not be legally binding but will serve as clarifications and guidelines for those interpreting the bylaws. The appendices may originate from material that changes over time, such as the Institute of Transportation Engineers (ITE) tables. Developers should make sure to use the most up-to-date version of the sources referenced.
C. 
The Department of Planning and Development shall keep up-to-date copies of this zoning bylaw available to and accessible by all the citizens. Copies shall be available for sale. Every attempt, within reason and within reasonable cost, shall be made so that such copies are identical to the definitive reference in the Town Clerk's office at the Town Hall.