SECTION 4.0 DIMENSIONAL REQUIREMENTS

[STM Art. 3, 4/25/2016; FTM Art. 7, 11/6/2017; STM Art. 7, 5/6/2019; FTM Art. 7, 11/7/2024]

4.1.1.

Table of Dimensional Requirements.

The regulations for each district pertaining to minimum lot size, minimum lot area per dwelling unit, minimum lot width, maximum height of buildings, minimum percentage of open space per lot, minimum front yard depth, minimum side yard width, minimum rear yard depth, and minimum distance between buildings, shall be as specified in the following “Table of Dimensional Requirements”, and shall be subject to the further provisions of this Section 4.0.

Table of Dimensional Requirements
DISTRICT	RA (r)	RB (r)	RDA (g)(q)	RDB (g)(q)	RDC (q)	RG	CBD (n)	GBD-1(s)	MSMD	IL	SCI
Min. Lot Area (in square feet)	120,000	20,000	20,000	10,000	15,000	6,500 (h)	See 7.3.12	NR	See 8.12.5	20,000	NR
Min. Lot Frontage (in feet)	200	75 (b)	100 (b)	80 (b)	100 (b)	65 (b)(h)	See 7.3.12	20	See 8.12.5	100	NR
Min. Lot Width (in feet)	200	75	120	80	100	65 (h)	See 7.3.12	20	See 8.12.5	100	NR
Min. Front Yard (l) (in feet)	40	25 (d)	35	25	35	20	See 7.3.12	NR	See 8.12.5	25	40 (m)
Min Side Yard (j) (in feet)	40	15 (d)	20	15	20	10 (h)	See 7.3.12	NR	See 8.12.5	20	40
Min. Rear Yard (j) (in feet)	40	15 (d)	20	15	20	10	See 7.3.12	20	See 8.12.5	20	40
Min. Yard adj. to SCI & Residential Dist. (in feet)	40	15 (d)	15	15	15	10	See 7.3.12	20	See 8.12.5	25 (p)	40
Min. Yard adj. to other Dist. (in feet)	40	15 (d)	15	15	15	10	See 7.3.12	10	See 8.12.5	25	40
Min. % Open Area	75	60 (e)	75	70	70	70	See 7.3.12	NR	See 8.12.5	60	85
Min % Green Space	35	35	35	35	35	35	See 7.3.12	NR	See 8.12.5	NR	NR
Max % Hardscape	35	NR	35	35	35	35	See 7.3.12	NR	See 8.12.5	NR	NR
Max. Building Height (in stories)	3	5	2.5	2.5	2.5	2.5	See 7.3.12	3	See 8.12.5	3	3
Max. Building Height (in feet) (k)	40	45	40	40	40	40	See 7.3.12	45	See 8.12.5	45	45
Min. Distance between Buildings (in feet)	30 (c)	(d)	15	15	15	15	See 7.3.12	NR (c)	See 8.12.5	30 (c)	30

4.1.2.

Notes to Table of Dimensional Requirements.

Dimensional requirements of RDA District apply to single-family dwellings. See Section 4.2.2 for density requirements.

See Section 4.2.8 for certain reduced requirements.

Buildings shall be surrounded by fire lanes. (See Definitions.)

In the Apartment House RB-20 District, no building or structure (other than fences) shall be located closer than 50 feet to any RDA, RDB, RDC or RG zone boundary, except that if no portion of the particular yard is used for surface parking and at least 75 percent of the required parking for such building is underground, such 50-foot distance shall be reduced to 40 feet. The distance between any two buildings on a single lot shall not be less than 30 feet or half the sum of the height of the two buildings, whichever is greater. An accessory underground garage structure or part of a main building for accessory garage use which is located entirely beneath the surface of the natural grade level and is completely covered by landscaped open space may extend to within 15 feet of any street or property line.

In the Apartment House RB-20 District, the minimum open space shall be 60 percent of the lot area except that garage space developed with landscaping for sitting and recreational purposes on the roof area shall not be considered in computing lot coverage, if such garage space is an enclosed structure not over 12 feet in height. In no case shall the structures including the qualified garage cover more than 60 percent of the lot area.

(Deleted)

Intentionally left blank

Duplex dwelling: Minimum lot area 11,000 square feet; Minimum lot frontage 85 feet; Minimum lot width 85 feet; Minimum side yard 15 feet.

If lot abuts or is within 15 feet of the district boundary, the 15 feet nearest such boundary shall be unpaved, shall not be used for parking, driveways or outdoor storage, and shall contain only grass, plants, shrubs, trees and fences.

For uses permitted under Special Permits, increase the required rear and side yard requirements by five (5) feet.

Does not apply to domes, towers or spires of buildings provided such features are in no way used for living purposes. Chimneys may exceed the maximum height by 15 feet. Heating, ventilation and air conditioning vents and the necessary screening may exceed the maximum height by four (4) feet or the minimum height required by the State Building Code. See definition - “Height of a Building.”

Where “building lines” are specified by Town of Winchester under the Bylaw “building lines established under the provisions of Section 37 of Chapter 82 of the General Laws prior to July 1, 1953” no building shall be closer to the street than such building line distance or as specified by the minimum front yard requirement contained herein, whichever is more restrictive.

Not applicable to existing temporary school structures.

See Section 7.3 for Center Business District.

Four (4) or five (5) stories allowed with a Special Permit with conditions imposed by Section 9.4.

The 25-foot minimum yard requirement shall be kept in its natural state where wooded, and, when its natural vegetation is sparse or nonexistent, a year-round visual screen shall be required. No principal or accessory structure, nor any off-street parking, driveways, loading areas or other use shall be permitted in the buffer area.

In order to limit the degree to which a lot may have an irregular shape, the following build factor formula shall be used:

LOT PERIMETER SQUARED	÷	ACTUAL LOT AREA
ACTUAL LOT AREA	÷	REQUIRED LOT AREA

The maximum build factor shall be 20 in the RDB-10 and RDC-15 Districts and 25 in the RDA-20 District.

Maximum density in the Apartment House RB-20 District shall be 20 units per acre and in the Multiple Family RA-120 District shall be three (3) units per acre. Additional density may be allowed consistent with the affordable incentives described in Section 7.1.

See Section 9.5 for Site Plan Review requirements for Lot Areas equal to, or greater than, 15,000 square feet.

A 6,500-square-foot lot area is required for new single and duplex residential structures.

(Reserved)

Required front yards shall be either 1) landscaped and/or 2) paved as a patio to provide outdoor sitting or dining areas in front of food service establishments as defined in Group IV, Item 3 in the Table of Use Regulations. At the first floor level, up to 40 percent of that area of a front yard located directly in front of a building or structure may be occupied with front steps, entryway, walkway, porches, bay windows, or other architectural appended features.

Required front yards shall be landscaped. At the first floor level, up to 40 percent of that area of a front yard located directly in front of a building or structure may be occupied with front steps, entryway, walkway, porches, bay windows, or other architectural appended features.

A minimum 10 feet side yard setback shall be required for one-family and two-family dwellings.

If a lot abuts or is within 15 feet of the district boundary, either: 1) the 15 feet nearest such boundary shall be unpaved, shall not be used for parking, driveways or outdoor storage, and shall contain only grass, plants, shrubs, or fencing; or 2) a suitable fence must be erected at the rear property line, and be at least six (6) feet in height to visually screen the lot from the abutting district. If such fence is erected, then the 15 feet nearest such boundary may be paved, used for parking, driveways or outdoor storage, or planted – except, however, the four (4) feet nearest such fence shall contain only plants, shrubs, and trees. The fence shall be opaque and be constructed of either wood, brick, or stone.

Sixty percent open area shall be required for garden apartments and townhouses; 70 percent open area shall be required for single and duplex residential structures.

aa.

For the purposes of this requirement, 85 percent of the first floor length of the proposed structure’s front walls shall comply with the minimum setback of 15 feet. The remaining 15 percent may exceed this requirement if, in the opinion of the Zoning Board of Appeals, the nature of the street, lot, or proposed structure necessitates such a deviation from the requirement. If the maximum setback is exceeded per this note (aa), the conditions of note (v) shall apply.

4.1.3.

Erection of More Than One Principal Structure on a Lot.

In single and general residence districts, not more than one structure of housing as a permitted or permissible principal use may be erected on a single lot or in an Attached Residential Cluster Development Overlay District as permitted by Special Permit.

In all business and industrial districts, more than one structure including a permitted or permissible use may be erected on a single lot, provided that the yard and other requirements of this Bylaw shall be met for the collective buildings for each lot.

4.1.4.

Structures to Have Access.

Except as otherwise provided in herein, every building hereafter erected or moved shall be on a lot having required street frontage under this Bylaw.

4.1.5.

Yards.

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Bylaw, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

4.1.6.

Existing Lot or Yard.

No yard or lot existing at the time of passage of this Bylaw shall be reduced in dimension or area below the requirements set forth herein. Yards or lots created after the effective date of this Bylaw shall meet the requirements established by this Bylaw.

4.1.7.

Annexation.

All territory which may hereafter be annexed to the Town shall be considered to be in the RDA-20 District until otherwise classified.

4.2 Supplementary Regulations.

4.2.1.

Floor Area Ratio.

The Floor Area Ratio (FAR) is computed by dividing the total floor area, based on the outside dimensions at each story, of all buildings on the lot by the total area of the lot.

The maximum Floor Area Ratio for these districts is as follows.

Table of Floor Area Ratio
DISTRICT	FAR
Apartment House Residential Districts B (RB-20)	2.0*
General Business District 1 (GBD-1)	1.0
General Business District 2 (GBD-2)	1.0**
General Business District 3 (GBD-3)	1.0**
Center Business District (CBD)	See 7.3.12
Light Industrial District (IL)	1.0
Conservancy-Institutional District (SCI)	0.5

Notes:

* If required off-street parking is provided within a garage on the site, maximum Floor Area Ratio may be increased to 2.5.

** FAR 1.25 shall be allowed as-of-right for provision of housing with an affordable housing component which shall be comprised, at a minimum, of 15 percent of the total number of dwelling units.

4.2.2.

Allowed Density; RA-120 District.

In the Multiple Family Residential District A (RA-120) the allowed density shall be three (3) dwelling units per acre. A maximum of eight (8) units per acre may be allowed by special permit in conformance with Section 7.1 - Affordable Housing Incentives. Apartment houses restricted by law to serve elderly citizens may reduce the above requirements as follows.

2,500 square feet of lot area per dwelling unit containing one room used for sleeping.

3,000 square feet of lot area per dwelling with two such rooms.

4.2.3.

Allowed Density; RB-20 District.

In the Apartment House Residential District B (RB-20), no project shall exceed a density of 20 dwelling units per acre; a maximum of 50 dwelling units per acre may be allowed by special permit in conformance with Section 7.1 - Affordable Housing Incentives.

The lot area required in the RB-20 district for any new building and the lot area required in the RB-20 district in determining lot area per dwelling unit for any new building shall not include any part of a lot that is required by any other conforming or nonconforming building or use to comply with the requirements of this Bylaw, or was required by the applicable dimensional requirements prior to the effective date the land was placed in the RB-20 district.

4.2.4.

Allowed Density; PRD District.

In the Planned Residential District (PRD) the density of dwelling units shall not exceed two (2) units per acre unless the applicant designates at least 15 percent of the units above the two units per acre standard for use in conjunction with one or more state or federal housing assistance programs; see Section 7.1.3 for a complete description of the required affordable housing criteria and procedures.

In no instance shall the total number of dwelling units exceed a density of three (3) dwelling units per acre in any PRD special permit project.

4.2.5.

Dormer Width and Other Projections.

In the RDA, RDB, RDC and RG Districts, in order to maintain the appearance of the top of the building as a half story, the total width of all dormers on a single roof plane above the second story shall not exceed 50 percent of the width of that roof plane without a special permit under Section 9.4.2, and no other projections that increase habitable space above the second story shall be allowed.

[FTM Art. 7, 11/15/2018]

4.2.6.

Enlargement of Public and Nonprofit Institutional Buildings.

Such buildings existing at the time of adoption of this Bylaw may be enlarged to exceed the maximum building height of not more than three sides of the building where.

There are substantial finished grade differentials between the side of the building with the highest average finished grade (where the maximum building height cannot be exceeded) and one or more of the sides of the building with a lower average finished grade.

The Board of Appeals shall find in its review under Section 9.4 that no reasonable alternate method of enlarging the structure is available and that adequate provision has been taken to eliminate any adverse impact on surrounding properties through the provision, on those sides where the maximum height will be exceeded, of increased yard areas.

4.2.7.

Lot Width.

The measurement of lot width shall be shown on a plan approved and endorsed by the Planning Board.

4.2.8.

Lots with Frontage on a Circular Turnaround or Curve.

Lots having one half or more frontage on a circular turnaround or curve of less than 100 feet radius may be reduced to a minimum frontage of 50 feet, provided that the minimum lot width otherwise required is maintained at the front yard setback line.

4.3 Special Permit Relief.

4.3.1.

IL Districts.

In the IL Districts in particular instances, the Board of Appeals may grant a special permit permitting a principal building to be erected on a lot having less area or frontage, or both, than the minimum requirements specified in the Table of Dimensional Requirements, if at the time of the adoption of said minimum requirements such lot was lawfully laid out and recorded by plan or deed and did not join other land of the same owner available for use in connection with such lot, provided that the Board determines that such special permit can be granted without substantial derogation from the intent and purpose of this Bylaw.

4.3.2.

SCI Districts.

In SCI Districts in particular instances the Board of Appeals may grant a special permit permitting buildings owned and occupied at the time of the effective date of adoption or amendments of this Bylaw for a public, charitable or other purpose lawful in such district to be altered, repaired, rebuilt, or added to in a manner failing to conform to the dimensional requirements set forth in the Table of Dimensional Requirements or the floor area regulations set forth in Section 4.2.1 or permitting uses accessory to such buildings which fail to conform to the area limitations of Section 3.3.1 subject however to such conditions or limitations as the Board in its decision may impose as in its judgment are reasonably required to minimize any departures from the general purpose and intent of such requirements, regulations or limitations.

4.3.3.

Residential Districts.

In Residential Districts, the Board of Appeals may grant a special permit permitting alterations to existing structures which encroach on the side or rear yard requirements of the district or to the front yard requirements, providing that:

The enforcement thereof would involve practical difficulty or unnecessary hardship and the granting of relief will not result in menace to the public safety, health or welfare of the neighborhood.

The intended use of the alteration is permitted in the district.

The yard requirement is not reduced by more than 20 percent.

4.4 Accessory Structures.

4.4.1.

Tennis Courts.

Tennis courts are allowed, provided no portion of the playing surface including fences shall be within the required front, side or rear yards. If a lot cannot reasonably accommodate a tennis court without infringing the side or rear yard requirements, the Board of Appeal may, by Special Permit, allow location of a tennis court within the side or rear yard up to half the distance required from the side or rear lot line.

Lighting facilities in accordance with Section 5.4 of this Bylaw, may be provided for exterior tennis courts only upon the granting of a special permit by the Board of Appeals. The Board may grant a special permit for this purpose where it finds that the relief requested would not result in detriment to the public safety, health or welfare of the neighborhood, but without further reference to Section 9.4.

4.4.2.

Swimming Pools.

Swimming pools are allowed as set forth in the Table of Use Regulations, subject to the following:

Such pool is used only by the residents of the premises and their guests.

No portion of the water or pool equipment including but not limited to pumps, mechanical equipment, heaters and fuel tanks shall be within a required yard area.

If a lot cannot reasonably accommodate a pool without infringing the side or rear yard requirements, the Board of Appeals may, by Special Permit, allow location of a pool or pool equipment within the required side or rear yard up to half the distance required from the side or rear lot line. The Board may grant a Special Permit for this purpose where it finds that enforcement of the yard restrictions would involve practical difficulty or unnecessary hardship and the granting of relief would not result in a detriment to the public safety, health or welfare of the neighborhood, but without further reference to Section 9.4.

No portion of the water shall be within ten (10) feet of any building.

A covered or indoor pool must meet all requirements pertinent to any building or structure.

Uncovered, exterior swimming pools shall be considered open area for the purpose or computation under Section 4.1.1.

The pool shall not be filled with water or used by any person until a Certificate of Occupancy has been issued.

A fence or protective barrier not less than five (5) feet in height having self-latching devices on all gates shall be installed and maintained so as to completely enclose all swimming pools. All latches shall be located not less than four (4) feet above ground.

4.4.3.

Roof Mounted Antennae or Dishes; Two Feet or Smaller.

The following requirements shall apply:

[FTM Art. 7, 11/6/2017]

Such equipment complies with all applicable building, electrical, and other code requirements, and all applicable dimensional requirements imposed by the Zoning Bylaw with respect to such building or structure.

Such antenna and its related equipment shall not cause excessive noise, electromagnetic interference, or otherwise adversely affect the public health, safety, general welfare, and other valid zoning purposes.

No more than one (1) such antenna may be affixed to any single-family residence, and no more than two (2) such antennas on any duplex dwelling.

In residential districts such antennas shall not be used for commercial purposes.

As a condition of any special permit, the Board of Appeals may require screening, vegetative buffering, and greater set-backs to prevent visibility of such antennas from neighboring properties.

4.4.4.

Roof Mounted Antennae or Dishes; Two Feet or Larger.

The following requirements shall apply:

Equipment and related structures shall be screened from adjoining properties.

Equipment and structures shall not be placed within a required front, rear or side yard, or on a building.

When necessary to better protect health, safety and welfare, and other valid zoning purposes, the Board of Appeals shall require greater setbacks.

Such antenna and related equipment shall be affixed to the ground and shall not exceed a height of 15 feet above the adjacent ground.

In residential districts such antennas shall not be used for commercial purposes.

4.5 Waivers Relating to Natural and Historic Resources.

4.5.1.

Purpose.

Natural resources and historic resources are important and character-defining features to the Town of Winchester. Allowing for more flexible zoning to keep natural resources and historic resources from being demolished is a key feature to the continued preservation goals of Town. To that end, this Section 4.5 aims to allow for a waiver of dimensional controls to preserve existing natural and historic resources.

[FTM Art. 8, 11/5/2020]

4.5.2.

Reduced Frontage, Lot Width, Lot Area and/or Side and Rear Yard Setback Lots.

For the purpose of preserving existing natural and historic resources on a lot, the Zoning Board of Appeals may by special permit allow reduced frontage, lot width, lot area and/or side and rear yard setbacks on one or more lots; provided, that:

[FTM Art. 8, 11/5/2020]

Doing so will permit the preservation of the existing natural and historic resource on one (1) or more of the lots that is the subject of the special permit;

To the extent the lot or lots will be divided, the special permit shall not eliminate any obligation to comply with the Subdivision Control Law and the Planning Board’s Subdivision Rules and Regulations.

4.5.2.1.

Planning Board Recommendations.

The Planning Board shall submit to the Zoning Board of Appeals written recommendations including at least (1) an evaluation and opinion of the appropriateness of the design for any new structure in relation to the existing natural or historic resource, (2) an evaluation of the proposed development as to whether the lot layout and design constitute a suitable development for the neighborhood, and (3) a recommendation for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as conditions.

[FTM Art. 8, 11/5/2020]

4.5.2.2.

Evaluation.

Where applicable, the Historical Commission, Design Review Committee, and the Tree Warden and/or the Conservation Agent shall submit to the Board a written evaluation of the significance of the existing natural or historic resource, an opinion of the appropriateness of the proposed lot layout and setbacks requested, and an evaluation or recommendation of the features that should be included in a preservation plan.

[FTM Art. 8, 11/5/2020]

4.5.3.

Special Permit.

A special permit shall be granted under this section and under Section 9.4.2 only if the Zoning Board of Appeals finds: (1) The reduced frontage, lot width, lot area and/or side and rear yard setbacks are necessary to preserve the natural and historic resource, (2) a restriction has been shown on the plan of land to be recorded providing that the reduced frontage, lot area and/or side and rear yard setback(s) and any other lots created are subject to a special permit recorded therewith, (3) the existing resource shall be preserved consistent with a perpetual preservation restriction approved as part of or as a condition to the special permit.

[FTM Art. 8, 11/5/2020]