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Winchester City Zoning Code

ARTICLE I

Introduction to and Use of Zoning Regulations

§ 415-1 Applicability and purpose.

These regulations shall apply, and all land, buildings, premises, or part thereof, shall hereafter be used, constructed, reconstructed, extended, enlarged, moved and altered in conformity with these regulations. They are adopted for the following purposes in accordance with the Connecticut General Statutes (C.G.S.), as amended:
A. 
To promote and to protect the public health, safety and welfare of the inhabitants of the Town of Winchester, Connecticut (hereinafter referred to as the "Town"), and of the public generally;
B. 
To encourage the most appropriate use of land throughout the Town, thereby conserving the value of properties;
C. 
To regulate the height, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts and other open spaces; and the height, size, character and location of signs;
D. 
To regulate the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes;
E. 
To divide the Town into zoning districts of such number, shape and area as may be best suited to carry out the purposes of these regulations;
F. 
To regulate the erection, construction, reconstruction, alteration or use of buildings or structures and the use of land in such zoning districts;
G. 
To permit certain classes or kinds of buildings, structures or uses of land within the Town only after obtaining a special permit;
H. 
To lessen congestion in the streets;
I. 
To secure safety from fire, panic, flood and other dangers;
J. 
To provide adequate light and air;
K. 
To prevent the overcrowding of land and avoid undue concentration of population;
L. 
To facilitate the adequate provision for transportation, water, sewerage, schools, parks and public requirements;
M. 
To further the policies of the Plan of Conservation and Development;
N. 
To guide development in a manner which recognizes the importance of the natural environment and the Town's natural resources;
O. 
To protect the value of buildings and property throughout the Town and the Town's ground and surface waters;
P. 
To preserve the historical resources, natural features and visual qualities that enhance the character of the Town;
Q. 
To encourage development of housing opportunities for all citizens of the Town consistent with soil types, terrain and infrastructure capacity;
R. 
To prevent unreasonable pollution, impairment or destruction of the public trust in air, water or other natural resources of the Town;
S. 
To guide development which minimizes impacts to wetlands, watercourses, flood-prone areas, hillsides, surface water and groundwater resources, and other sensitive and significant features of the natural landscape, and to establish soil erosion and sedimentation controls;
T. 
To encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy and energy conservation; and
U. 
For such other purposes as specified in C.G.S. Chapter 124.

§ 415-2 Severability.

The invalidity of any word, clause, sentence, paragraph, section, subsection, part or provision of these regulations shall not affect the validity of any other word, clause, sentence, paragraph, section, subsection, part or provision which can be given effect without such invalid part or parts. The invalidity of these regulations with respect to any particular activity shall not invalidate these regulations with respect to other activities.

§ 415-3 Interpretation.

A. 
In interpreting and applying these regulations, the regulations shall be considered as the minimum requirements for the promotion of the public health, safety and general welfare. When these regulations impose a greater restriction on the use of buildings or structures or require larger yards, courts or other open spaces, or require a greater percentage of lots to remain unbuilt, or impose other standards higher than those imposed by federal or state law or regulation, local ordinance or regulation, or private agreement, these regulations shall control. When restrictions are imposed by any law, ordinance, regulation or private agreement, which are greater than those required by these regulations, such greater restrictions shall not be affected by these regulations. When one section of these regulations imposes standards greater than those of another section, the standards of the more restrictive section shall control.
B. 
In the construction of these regulations, the words and definitions contained herein shall be observed and applied, except where the context clearly indicates otherwise, as follows:
(1) 
Words used in the singular shall include the plural, and words used in the plural shall include the singular; words used in the present tense shall include the future tense.
(2) 
The word "shall" is mandatory and not discretionary.
(3) 
The word "may" is permissive.
(4) 
The word "lot" shall include the words "piece," "parcel," "premises" or "land."
(5) 
The words "zone," "zoning district" and "district" have the same meaning.
(6) 
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(7) 
The word "subdivision" shall include "resubdivision."
(8) 
The phrase "these regulations" shall refer to the entire Zoning Regulations, including the Official Zoning Map.
(9) 
Uses of land, buildings or structures not expressly permitted in the various districts are prohibited.

§ 415-4 Measurement and calculation.

A. 
Measuring distances. Use the shortest distance along a horizontal plane from the lot line and the edge of a structure, irrespective of the topography of the land.
B. 
Measuring height. Use the vertical distance above the average natural grade of the outside ground level along all walls of a building to the midpoint of the roof. For height measurements in the HL District, see § 415-13B(1) of these regulations.
[Amended 4-14-2025]
C. 
Measuring lot width. Lot widths are measured at the rear of the minimum front yard or at the street line, whichever is least.
D. 
Calculating lot area. Minimum lot area requirements shall be exclusive of easements or other permanent restrictions prohibiting building or development, including, but not limited to, areas covered by waters.

§ 415-5 Zoning Map interpretation.

When uncertainty exists, in the opinion of the Commission or the Zoning Enforcement Officer, as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A. 
District boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed as following said center lines;
B. 
District boundaries indicated as approximately following lot lines shall be construed as following such lot lines;
C. 
District boundaries indicated as approximately following Town limits shall be construed as following Town limits;
D. 
District boundaries indicated as following railroad rights-of-way shall be construed as the center of said rights-of-way;
E. 
Boundaries indicated as approximately following the center line of streams, brooks, natural watercourses and other bodies of water shall be construed as following such center lines; and
F. 
District boundaries which are set back from streets and approximately parallel to such streets shall be construed as parallel to such streets and, unless specific dimensions are shown on the Official Zoning Map, shall be construed to be:
(1) 
For Town Districts, 100 feet from the street line; and
(2) 
For Rural and Lake Districts, 150 feet from street line.

§ 415-6 Density, buildable area and building coverage calculations for certain unbuildable lands.

When calculating density, buildable area or building coverage in any district, where such calculations apply, no land consisting of wetland soils, FEMA-designated 100-year floodplain, water bodies, watercourses or land with slopes in excess of 25% shall be included as part of the calculations.