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.

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.

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.

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:

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

Neon Lights

Mercury Vapor and Quartz Lamps

Searchlights. The operation of searchlights is prohibited.

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.

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.

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.

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.