SECTION 5.0 GENERAL REGULATIONS

[STM Art. 6, 5/1/2017; FTM Art. 7, 11/6/2017; ATM Art. 3, 4/26/2021; STM Art. 4, 4/29/2024; FTM Art. 7, 11/7/2024]

5.1.1.

Purpose.

It is the intent of this Section of the Bylaw:

That any use of land involving the arrival, departure, storage, or entry upon the land of motor vehicles be so designed and operated as to reduce hazard to pedestrians upon the public sidewalks;

To protect the use of adjoining property from nuisance caused by the noise, fumes, and glare of headlights, which may result from the operation of cars parking off the street;

To reduce congestion in the streets; and

To contribute to traffic safety by assuring adequate places for the standing and storing off the street of motor vehicles associated with the use of a lot of land.

5.1.2.

General Regulations Applying to Required Off-Street Parking Facilities.

Structures and land uses in existence or for which building permits have been issued at the date of adoption of this Bylaw shall not be subject to the requirements of Section 5.1 so long as the kind or extent of use is not changed so that the changed or enlarged use would require an increase of more than 15 percent in the parking facilities required in this Section, provided that any parking facilities now serving such structures or uses shall not in the future be reduced below such requirements.

Whenever there is an alteration of a structure, addition of a new structure, or a change or extension of use which increases the parking requirements by 15 percent or more according to the standards of Section 5.1, the total parking required for the entire structure or use shall be provided in accordance with the requirements of this section.

No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except when such reduction is in conformity with the requirements of Section 5.1. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as at no time to constitute a nuisance or a hazard or unreasonable impediment to traffic.

Any privately owned off-street parking areas now serving structures or uses within the CBD District which are in existence or for which building permits have been issued at the date of adoption of this Bylaw shall be continued and shall not, in the future, be reduced below the off-street requirements of the GBD-1 except through application to the Board of Appeals as described below. The Board of Appeals may allow a reduction or discontinuance of existing privately owned off-street parking in the CBD District if it finds that sufficient and accessible off-street municipal parking facilities have been provided within 300 feet (walking distance) of the structure or use being served. “Sufficient” shall be deemed to mean that the off-street municipal parking facility or facilities contain sufficient parking spaces to serve all existing uses, based on the standards of the GBD-1 District within 300 feet of the parking facility or facilities.

Where a parking facility is a principal use of any lot, it shall not be opened to use until the Zoning Enforcement Officer has issued a certificate of use and occupancy to the effect that the lot conforms to the provisions of Section 5.1.6. Such certificate may be revoked by the Zoning Enforcement Officer upon violation of any of the conditions set forth in this Section.

5.1.3.

Table of Off-Street Parking Requirements.

Off-street parking facilities shall be provided for each type of land use, in accordance with the following Table of Off-Street Parking Requirements, and subject to the further provisions of Section 5.1.

Table of Off-Street Parking Requirements
NR = No Requirement
NA = Not Applicable
SF = Square Feet
GSF = Gross Square Feet
Group	Type of Use	Zoning District	Min. Number of Parking Spaces to be Provided per Dwelling Unit or per Gross Floor Area of Building
Group I – Residential Uses
1.	Single-family dwelling.	RDA, RDB, RDC, RG, PRD, RA, GBD-2, GBD-3	2 spaces per dwelling unit
2.	Duplex dwelling.	RG, PRD, GBD-2, GBD-3	2 spaces per dwelling unit
3.	Conversion to duplex dwelling.	RG	2 spaces per dwelling unit
4. and 5.	Group, garden apartment, town house.	CBD	0.75 spaces per dwelling unit
		PRD, RA, RB, GBD-2, GBD-3	2 spaces per dwelling unit
6.	Mid-rise apartments.	CBD	0.75 spaces per dwelling unit
		RB	2 spaces per dwelling unit
7. and 8.	Business/residential combination.	GBD-2, GBD-3	2 spaces per dwelling unit, 1 space per 200 SF (nonresidential)
9.	Multi-family housing.	MODvv	See Section 8.11.6
Group II – Educational, Institutional, Recreational, and Agricultural Uses
1.	Educational institution, exempt.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2, GBD-3, IL, SCI, RDA, RDB, RDC, RG, PRD, RA, RB	1 space per 600 SF
2.	Child care center.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2, GBD-3, IL, SCI, RDA, RDB, RDC, RG, PRD, RA, RB	1 space per 600 SF
3.	Reserved.
4.	Religious use, exempt.	CBD	0.75 spaces/1,00 0 SF
		All other districts	1 space per 4 fixed seats
5.	Library, museum.	CBD	0.75 spaces/1,00 0 SF
		All other districts	1 space per 4 fixed seats
6.	Public park, playground, or other public recreational facility.	All districts	NR
7.	Reservation, wildlife preserve, conservation area.	All districts	NR
8.	Private lodge, club.	CBD	0.75 spaces/1,00 0 SF
		PRD, RA, RB, IL, SCI, GBD-2, GBD-3	1 space per 4 fixed seats
9.	Country club, sporting grounds, outdoor recreation.	RDA, RDB, RG, PRD, RA, RB, SCI	1 space per 600 SF
10.	Hospital.	SCI	1.5 spaces per hospital bed
11.	Orphanage, philanthropic, or charitable institution	SCI	1 space per 600 sf.
12.	Sanitarium, nursing, rest or convalescent home.	SCI	1 spaces per three (3) beds
13.	Cemetery.	SCI	NR
14.	Agriculture, horticulture, floriculture, etc.	CBD	0.75 spaces/1,00 0 SF
		All other districts	1 space per 200 SF
Group III – Government and Public Service Uses
1.	Essential services.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2, GBD-3	1 space per 200 SF
		IL	1 space per 850 SF
2.	Municipal administration building, fire or police station.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2, GBD-3	1 space per 200 SF
		SCI	1 space per 600 SF
3.	Water/sewer facility.	All districts	NR
4.	Municipal waste disposal or transfer facility.	SCI	NR
5.	Television receive-only antenna.	SCI	NR
6.	Television studio in municipal building.	SCI	NR
7.	Temporary public event.	CBD, GBD-1, GBD-2, GBD-3, SCI	As determined by Board
Group IV – Commercial Uses
1.	Retail store.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 350 SF (ground floor), 1 space per 500 SF (all other floors)
		GBD-2 (less than 10,000 GSF)	1 space per 400 SF
		GBD-2 (10,000 GSF or greater)	1 space per 300 SF
2.	Personal service establishment.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 350 SF (ground floor), 1 space per 500 SF (all other floors)
		GBD-2	1 space per 400 SF
3.	Lunch room, restaurant, cafeteria or similar.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2, IL	1 space per 4 seats
4.	Fast food restaurant.	GBD-1, GBD-2	1 space per 2 seats
5.	Drive-in/drive-up/drive-through restaurant.	NA	NR
6.	Indoor commercial amusement or assembly use.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 4 seats
	Bowling alley.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	4 spaces per alley
	Tennis courts.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	2 spaces per court
7.	Undertaking or funeral establishment.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2	1 space per 200 SF
8.	General service establishment.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 350 SF (ground floor), 1 space per 500 SF (all other floors)
9.	Trade shop.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 500 SF
		GBD-2	1 space per 400 SF
10.	Bank or business office.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 350 SF (ground floor), 1 space per 500 SF (all other floors)
		GBD-2	1 space per 400 SF
11.	Veterinary establishment, kennel, boarding animals.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 500 SF
12.	Municipal kennel.	SCI	NR
13.	Business or professional office.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 350 SF (ground floor), 1 space per 500 SF (all other floors)
		GBD-2/GBD-3 (less than 10,000 GSF)	1 space per 400 SF
		GBD-2/GBD-3 (10,000 GSF or greater)	1 space per 200 SF
14.	Medical or dental laboratory.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2 and GBD-3	1 space per 200 SF
		IL	1 space per 350 SF (ground floor), 1 space per 500 SF (all other floors)
15.	Medical or dental center.	CBD	0.75 spaces/1,00 0 SF
		GBD-1, GBD-2, GBD-3	1 space per 150 SF
16.	Motor vehicle fuel facility.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
17.	Salesroom or repair garage for new and used automobiles, boats and other vehicles.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
18.	Establishment for the sale of used automobiles, boats and other vehicles.	CBD, GBD-1	NR
19.	Commercial parking lot or parking garage.	CBD, GBD-1	NR
20.	Commercial greenhouse salesroom or stand for sale of nursery, garden or other agricultural products.	CBD	0.75 spaces/1,00 0 SF
		GBD-1	1 space per 200 SF
		IL	1 space per 350 SF (ground floor), 1 space per 500 SF (all other floors)
21.	Trade, professional or other school.	GBD-1, GBD-2, GBD-3, IL CBD	1 space per 600 SF 0.75 spaces/1,00 0 SF
Group V – Industrial Uses
1.	Storage, distribution, or wholesale marketing facility.	IL	1 space per 850 SF
2.	Lumber yard, contractor’s yard, open-air establishment.	IL	1 space per 850 SF
3.	Printing or publishing plant, bottling works, manufacturing establishment.	IL	1 space per 500 SF
4.	Laboratory.	IL, GBD-3	1 space per 500 SF
5.	Wholesale laundry or dry cleaning establishment.	NA	NR
6.	Adult Uses.	CBD	See Section 8.3.3
7.	Wireless Communications Facilities.	RB, CBD, GBD-1, GBD-2, GBD-3, IL, SCI	See Section 8.4

5.1.4.

Notes to Table of Off-Street Parking Requirements.

Where the computation of required parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one.

Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. The number of spaces required in a common parking facility may be reduced below this total by a special permit under Section 9.4 of this Bylaw if it can be demonstrated to the satisfaction of the Board of Appeals that the hours or days of peak parking need for the uses are so different that a lower total will provide adequately for all uses served by the facility.

Where part of a lot is or has been acquired by the Town to be used by the Town for public parking or for facilities accessory to public parking, the parking requirements on the remaining portion of the lot in private ownership shall be reduced by the number of spaces that could have been provided on the part of the lot so acquired by the Town, calculated on the basis of one space per 400 square feet of lot area so acquired.

In the CBD district, the requirement of 1000 square feet shall only apply in cases where the existing exterior walls are expanded beyond existing dimensions, and only to the gross floor area of the new expansion. Parcels of land that have existing areas devoted to parking shall be required to maintain and continue those areas as provided in paragraph 5 of Section 5.1.2.

Where places of public assembly are provided with benches rather than fixed individual seats, each two linear feet of bench shall equal one seat and where no fixed seats are used, each 20 square feet of public floor area shall equal one seat.

Where a principal use on a lot is an open-air use not enclosed in a structure, the area of the lot devoted to such use shall be considered to be floor space for purposes of calculating parking requirements. Where the area devoted to such use is not clearly determinable, the Zoning Enforcement Officer shall determine the area to be considered equivalent to floor space. This subsection applies only to Group IV-Commercial Uses 16 through 20 and Group V – Industrial Uses 1 through 3.

Where any land, structure or land and structure in combination is in more than one use, parking spaces shall be provided for the entire lot in accordance with the requirements of the use which requires the maximum number of spaces except that the number of spaces may be reduced below that maximum requirement by a special permit if it can be demonstrated to the Board of Appeal that: (1) At least 15 percent of the area is in a use with a requirement less than the maximum; (2) A total number of parking spaces is provided so that the area of each use shall be provided with parking spaces as required for that use; and (3) It is unlikely that the uses requiring the lesser number of spaces will be changed to one requiring a greater number.

5.1.5.

Location of Required Off-Street Parking Facilities.

Required off-street parking facilities shall be provided on the same lot.

Where the requirements of this section cannot be met on the same lot, the Board of Appeals by special permit under Section 9.4 may authorize, within the same district, required parking on any lot in the same ownership within 300 feet of the principal use served, as measured along street lines, subject to such bond or other assurance of permanence and of common ownership, as it may deem adequate.

5.1.6.

Design of All Off-Street Parking Facilities.

Parking facilities shall be occupied only by passenger cars and commercial vehicles not exceeding seven and one half (7.5) feet in width and 18 feet in length, unless the special standards provided in Section 5.1.8 are met.

Stall width shall be at least nine (9) feet.

Stall depth shall be at least 19 feet for all angle parking and 22 feet for parallel parking. Such dimension may include no more than two feet of any landscape setback area adjacent to the front and rear of a stall and used for bumper overhang.

Minimum width of aisles providing access to stalls for one-way traffic only, varying with the angle of parking, shall be:

Table of Minimum Parking Aisle Width
ANGLE OF PARKING	MINIMUM AISLE WIDTH
Parallel	12 feet
30 Degrees	11 feet
45 Degrees	13 feet
60 Degrees	18 feet
90 Degrees	20 feet

Minimum width of aisles providing access to stalls for two-way traffic shall be 24 feet, except that aisles providing access primarily for overnight parking may be a minimum of 22 feet.

Parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. The Board of Appeals, however, may by special permit modify this requirement, and the dimensional requirements of paragraphs 2 through 5 of this Section 5.1.6 where a parking facility is under full-time attendant supervision.

Entrance and exit driveways, except as permitted in Section 5.1.9, shall comply with the following regulations:

For all uses besides single-family dwellings, duplexes, and triplexes, the maximum width at the street line shall be 20 feet in residential districts and 30 feet in business and industrial districts.

For properties within the Center Business District: See Section 7.3.20.

A minimum width of ten (10) feet for one-way use only is required.

A minimum width of 20 feet for two-way use is required, except that driveways providing access primarily for overnight parking, with incidental daytime use, may be a minimum of ten (10) feet wide.

All driveways shall be located to minimize conflict with traffic and pedestrian movement on public and private streets and to maximize visibility and sight distances. Driveways shall be located and designed to discourage vehicular traffic from using driveways to avoid intersections, to cut corners, or to avoid stop signs. Driveways shall be at least 20 feet from an unsignalized intersection and at least 30 feet from a signalized intersection.

Setbacks for parking areas in all districts, except as permitted in paragraph 5 of Section 5.1.9 shall be as follows: parking stalls in parking lots shall be set back from the street lot line to whatever extent may be necessary in the specific situation, as determined by the Zoning Enforcement Officer to avoid the probability of cars backing or otherwise maneuvering on the sidewalk upon entering or leaving the stalls. In no case shall parking lots be designed to require or encourage cars to back into a public or private way in order to leave the lot; except for parking stall the sole access to which is an alley adjacent to rear lot lines and so arranged that there is at least 20 feet of clear backing between the rear line of the parking stall at the opposite and more distant line of the alley.

In all residential districts, the surfaced area of a parking lot shall be set back: (1) from the front lot line, except where an access driveway crosses the street lot line, the distance specified for building setback in the Table of Dimensional Requirements; (2) from the side lot line one third the distance specified for minimum side yard set back of the district in the Table of Dimensional Requirements, except in the Multiple Family RA-120 district, where the minimum setback shall be 20 feet; (3) from the side and rear lot lines in the rear yard, a minimum of five feet. Such setback shall be seven (7) feet where two (2) feet of setback area is included in a minimum stall depth as provided in paragraph 3 of this Section 5.1.6.

10.

In the Apartment House RB-20 District, from an RDA, RDB, RDC and RG District Boundary a minimum of 25 feet in side or rear yards where the buildings and other structures (other than fences) located in the RB-20 District are set back at least 50 feet; provided that no surface parking shall be permitted within side or rear yards in the RB-20 District, where the buildings or other structures are set back less than 50 feet pursuant to note (d) in Section 4.1.2.

11.

In all districts, barriers shall be provided to prevent motor vehicles from being parked within required setback areas, or beyond the boundaries of the lot where no setback is required.

5.1.7.

Lighting and Screening of Parking Facilities.

In all residential districts, the setback areas shall be planted and maintained.

Properties shall be protected from lighting pursuant to Section 5.4.

Properties in residential districts or residential buildings in GBD Districts, other than the use served by the parking lot, which abut the parking lot shall be protected from headlight glare by either: (1) A strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or (2) A wall, barrier, or fence of uniform appearance at least five feet high, but not more than six feet above finished grade, or above the roof level, if on a roof.

Such screening shall be maintained in good condition at all times. Such screening or barrier may be interrupted by normal entrance and exits, and shall have no signs hung or attached thereto other than those permitted in the district.

No stall shall be located within 10 feet of that part of a building having windows of habitable rooms at the basement or first story level, except as permitted in paragraph 5 of Section 5.1.9.

5.1.8.

Parking of Larger Motor Vehicles.

The regulations for the parking of trucks, buses, or other commercial vehicles exceeding seven and one-half (7.5) feet by 18 feet in size shall be as follows:

Stalls to provide parking for commercial vehicles exceeding seven and one-half feet (7.5) by 18 feet in size shall be located at least 100 feet from the nearest dwelling unit in a residence district.

Stalls for such vehicles shall be specifically identified upon the plan, and shall be of such dimensions as to accommodate the specified type of vehicle. Such vehicles shall be permitted to park only in the stalls so identified and approved.

Whenever such lot is adjacent to residential districts it shall be screened from abutting property as provided in Section 5.1.7.

5.1.9.

Drainage of Parking Lots.

Drainage, surfacing, and maintenance of parking lots shall be as follows:

The parking lot shall be marked so as to indicate clearly the space to be occupied by each motor vehicle, in accordance with the dimensions specified in paragraphs 2 through 5 of Section 5.1.6. Such markings shall be maintained so as to be plainly visible.

The area of the lot not planted and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material and drained to the satisfaction of the Town Engineer, to the extent necessary to prevent nuisance of dust, erosion or excessive water flow across public ways.

Lots shall be kept clean and free from rubbish and debris.

Where parking lots are increased in capacity after the effective date of this Bylaw, the expanded portion thereof shall be designed in accordance with the regulations set forth herein.

Parking lots for three (3) vehicles or less shall conform to the regulations of Sections 5.1.6 through 5.1.9, with the exception of subsections 5.1.6.7, 5.1.6.8 and 5.1.7.5.

Under a special permit after a hearing, the Board of Appeals may permit in lieu of the dimensional requirements set forth herein, where new parking facilities are being installed to serve structures and land uses in existence or for which building permits had been issued at the date of adoption of this Bylaw, the substitution of other dimensional requirements, provided such substitution is necessary to permit the installation of some or all of the off-street parking spaces that would be required for a similar new building.

At least two (2) percent of the interior of a parking lot with 21 or more parking spaces shall be planted and continuously maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, shall not be considered as part of the two (2) percent interior planting. The planting shall be distributed throughout the parking area and shall include trees as well as other plant material. Existing trees shall be preserved where possible. No planting bed shall have a width of less than three (3) feet.

5.1.10.

Driveway Curb Cuts for Single-Family Dwellings, Duplexes, and Triplexes.

For single-family dwellings in any district: The maximum width at the property line shall be 20 feet, and 20 feet at the curb line or edge of pavement. Any driveway shall be at least ten (10) feet wide at the property line. One driveway shall be permitted per single-family dwelling. A second entrance to the driveway on a single lot may be permitted if a minimum of 40 feet of separation is provided between entrances, and the maximum width of each entrance at the property line is no more than ten (10) feet. The separation between entrances shall be defined by granite curbing, change in elevation, or other means to deter vehicles from driving over the separation.

For duplexes and triplexes in any district: The maximum width at the property line shall be 20 feet, and 20 feet at the curb line or edge of pavement. Two (2) driveways may be permitted per lot, at a maximum width of ten (10) feet per driveway as measured at the property line. Any driveway shall be at least ten (10) feet wide at the property line. A minimum of ten (10) feet of separation between the driveways is required. The separation between driveways shall be defined by granite curbing, change in elevation, or other means to deter vehicles from driving over the separation.

The Board of Appeals may grant relief from the requirements of subsections 5.1.10.1 through 3 of this section by special permit under Section 9.4. If the Board of Appeals disagrees with the recommendation of the Engineering Department regarding the special permit application, it shall explain its position in its written decision.

FOR STREETS IN WINCHESTER

5.2 Off-Street Loading Facilities.

5.2.1.

Applicability.

Structures and land uses in existence or for which building permits have been issued at the date of adoption of this Bylaw shall not be subject to the requirements stated below, provided that any loading facilities now serving such structures or uses shall not in the future be reduced below these requirements.

Where a structure existing on the effective date of this Bylaw is altered or extended in such a way as to increase the gross floor area by 5,000 square feet or more, only this additional gross floor area shall be counted in computation of the off-street loading requirements. Alterations or extensions aggregating less than 5,000 square feet subsequent to the effective date of this Bylaw do not require such provisions of loading space.

Where retail or other stores are designed or constructed as a group or as a unified building, the aggregate of individual stores shall be treated as one building for the purpose of calculating off-street loading facilities.

Where mixed uses occur, off-street loading facilities shall be the sum of the requirements for the several individual uses computed separately, except that such facilities may be less than said sum by special permit from the Board of Appeals when it can be demonstrated that such individual uses are not in operation at the same time.

5.2.2.

Required Facilities.

Off-street loading facilities shall be provided in accordance with the following requirements for each type of land use except Group I, Items 1 to 5 inclusive, as listed in the Table of Use Regulations.

Table of Off-Street Loading Facilities
Number of Loading Bays Required for New Structures by Gross Floor Area of Structures (in Thousands of Square Feet)
Uses as Listed in Table of Use Regulations	2-15	15-50	50-100	100-150	150-300	For Each Additional 150 over 300
Group III #1-3	1	2	3	4	5	1
Group IV #9, 14, 17, 20
Group V #1-15
Group II #1-5, 8-11	1	1	2	3	4	1
Group IV #1-8, 10-15

5.2.3.

Design and Layout of Off-Street Loading Facilities.

Off-street loading facilities shall be designed to conform to the following specifications:

Each required space shall be no less than 12 feet in width, 30 feet in length, and 14 feet in height, exclusive of drives and maneuvering space, and located entirely on the lot being served.

There shall be appropriate means of access to a street or alley as well as adequate maneuvering space.

The maximum width of driveways and sidewalk openings measured at the street lot line shall be 28 feet; the minimum width shall be 12 feet.

Loading spaces may be enclosed in a structure and must be so enclosed if located within 50 feet of a residence district where the use involves regular night operation.

All accessory driveways and entranceways shall be graded, surfaced, drained, to the satisfaction of the Zoning Enforcement Officer, to the extent necessary to prevent nuisances of dust, erosion, or excessive water flow across public ways.

Such facilities shall be designed and used in such a manner as at no time to constitute a nuisance, or a hazard or unreasonable impediment to traffic.

5.2.4.

Conditions.

All required loading facilities shall be provided and maintained in accordance with the following requirements:

They shall be provided and maintained so long as the use exists which the facilities were designed to serve.

They shall not be reduced in total extent after their provision, except when such reduction is in conformity with the requirements of this Section 5.2.

Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the delivery and pick-up vehicles that they are designed to serve.

5.2.5.

Special Permit.

The Board of Appeals may vary the requirements of Section 5.2 upon the grant of a special permit after consideration of the factors set forth in Section 9.4.

5.3 [Reserved].

5.4 Outdoor Lighting.

[STM Art. 4, 4/29/2024; FTM Art. 7, 11/7/2024]

5.4.1.

Purpose.

The purpose of this Bylaw is to:

Create standards for outdoor lighting so that its use does not unreasonably interfere with the reasonable use and enjoyment of property within Winchester;

To encourage, through the regulation of the types, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems which will reduce light pollution, light trespass and glare;

To preserve and enhance the natural, scenic, and aesthetic qualities of Winchester;

To conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity; and

To preserve the night sky as a natural resource to enhance nighttime enjoyment of property within Winchester.

5.4.2.

Related Regulations.

Reference is also made to Chapter 9, Section 2 of the General Bylaws regarding internally lit signs.

5.4.3.

Applicability.

The requirements of this section shall apply to the following zoning districts: PRD, RB-20, CBD, MSMD, GBD-1, IL, SCI, RA-120, and MOD.

5.4.4.

Exemptions.

The requirements of this section shall not apply to the following:

Municipal Lights.

Municipal street lighting, lights that control traffic or other lighting for public safety on Town streets and ways.

Fossil Fuel Light.

All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.

Other Light Sources.

All outdoor light fixtures using an incandescent lamp or lamps of 150 watts or less. All outdoor light fixtures using any non-incandescent lamp or lamps of 50 total watts or less.

Zoning districts RDA, RDB, RDC, and RG.

Temporary decorative lighting which may include colored lamps, such as holiday lighting.

Houses of Worship.

5.4.5.

Prohibited Light Sources.

The following light sources are prohibited:

Neon Lights

Mercury Vapor and Quartz Lamps

Searchlights. The operation of searchlights is prohibited.

5.4.6.

State Building Code.

State Board of Building Regulations and Standards (the Massachusetts State Building Code); 780 CMR 1313.0; Lighting systems;.

Applicability. The Outdoor Lighting Bylaw, Section 5.4, shall be administered in conformance with this code, to determine minimum standards. However, the express provisions contained in Section 5.4 shall govern in all respects.

5.4.7.

Lighting Plan.

Wherever outside lighting is proposed, or when an existing outdoor lighting installation is being modified, extended, expanded, or added to, the entire outdoor lighting installation on the lot shall be subject to the requirements of this section and every application for a building permit, a special permit, a special permit with site plan review, a variance, or an electrical permit, shall be accompanied by a lighting plan which shall show.

The location and type of any outdoor lighting luminaires, including the height of the luminaire;

The luminaire manufacturer’s specification data, including lumen output and photometric data showing cutoff angles;

The type of lamp such as: metal halide, compact fluorescent, high pressure sodium with color temperature (Kelvin) and CRI indicated;

A photometric plan showing the intensity of illumination at ground level, expressed in foot candles; and

That light trespass onto any street or abutting lot will not occur. This may be demonstrated by manufacturer’s data, cross section drawings, or other means.

5.4.8.

Control of Glare and Light Trespass.

All outdoor light fixtures subject to this Bylaw shall be shielded. This provision shall not apply to any luminaire intended solely to illuminate any freestanding sign or the walls of any building but such luminaire shall be shielded so that its direct light is confined to the surface of such sign or building.

All outdoor light fixtures using a metal halide lamp or lamps shall be shielded and filtered. Filtering using quartz glass does not meet this requirement.

Any luminaire with a lamp or lamps rated at a total of more than 2000 lumens shall be of fully shielded design and shall not emit any direct light above a horizontal plane passing through the lowest part of the light emitting luminaire.

All luminaires, regardless of lumen rating, shall be equipped with whatever additional shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel.

All lamps subject to this Bylaw shall have a minimum color temperature of 2000 degrees Kelvin and a maximum color temperature of 3700 degrees Kelvin.

5.4.9.

Lamps.

Lamp types shall be selected within the allowable color temperature range of 2000 to 3700 degrees Kelvin, for optimum color rendering as measured by their color rendering index (CRI), as listed by the lamp manufacturer.

5.4.10.

Efficacy.

The use of highly efficient lamp sources, in conformance with this Bylaw is encouraged.

5.4.11.

Hours of Operation.

Outdoor lighting shall not be illuminated between 11 p.m. and 6 a.m with the following exceptions:

If the use is being operated, such as a business open to customers, or where employees are working or where an institution or place of public assembly is conducting an activity, normal illumination shall be allowed during the activity and for not more than one half hour after the activity ceases.

Low level lighting sufficient for the security of persons or property on the lot may be in operation between 11 p.m. and 6 a.m., provided the average illumination on the ground or on any vertical surface is not greater than 0.5-foot candles.

5.4.12.

Special Permits.

In accordance with Section 9.4, the Board of Appeals, acting as the special permit granting authority, may grant a special permit modifying the requirements of this Section, provided it determines that such modification is consistent with the objectives set forth in Section 5.4.1, in the following cases:

Where an applicant can demonstrate, by means of a history of vandalism or other objective means, that an extraordinary need for security exists;

Where an applicant can show that conditions hazardous to the public, such as steep embankments or stairs, may exist in traveled ways or areas;

Where a minor change is proposed to an existing nonconforming lighting installation, such that it would be unreasonable to require replacement of the entire installation; and

Where it can be demonstrated that for reasons of the geometry of a lot, building, or structure, complete shielding of direct light is technically unfeasible.