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Winchester City Zoning Code

SECTION 6

0 SPECIAL REGULATIONS

6.1 Regulations Applying to Motor Vehicle Fueling Facilities.

6.1.1. 
Dimensional Requirements.
Motor vehicle fueling facilities shall be designed to conform to the following requirements:
1. 
The minimum lot area shall be 10,000 square feet.
2. 
The minimum frontage on a street shall be 100 feet.
3. 
The minimum setback of any building from all street lot lines shall be 40 feet.
4. 
The minimum setback of gasoline pumps from all street lot lines shall be 12 feet.
6.1.2. 
Design Standards.
1. 
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 30 feet, the minimum width shall be 20 feet.
2. 
The minimum distance of driveways, measured at the lot line shall be as follows: From the corner lot line, 20 feet; from interior side lot line, 10 feet; and from other driveways on same lot, 20 feet.
3. 
A raised curb at least six (6) inches in height shall be constructed and maintained along the edges of all pavement on the lot except at the bases of buildings and at driveway openings.
6.1.3. 
Lighting Standards.
Properties in residential districts which abut a motor vehicle service station 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 seven feet above finished grade. Such wall, barrier, or fence must be opaque.
3. 
Such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in the district.
6.1.4. 
Other Standards.
1. 
All washing, lubricating, and making of repairs shall be carried on inside the building.
2. 
No major repairs such as body work shall be performed.
3. 
No merchandise other than accessory, portable automotive merchandise may be displayed or sold on the premises.
4. 
The area of the lot not planted and so maintained shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Zoning Enforcement Officer, to the extent necessary to prevent nuisances of dust, erosion, or excessive water flow across the public ways.
6.1.5. 
Eligible Activities.
The following activities may be conducted at a motor vehicle fueling facility:
1. 
Sale and servicing of spark plugs, batteries, and distributor parts;
2. 
Tire servicing and repair, but not recapping or re-grooving;
3. 
Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
4. 
Radiator cleaning and flushing, including removal and replacing;
5. 
Washing and polishing, and sale of automotive washing and polishing materials;
6. 
Greasing and lubrication;
7. 
Providing and repairing fuel pumps, oil pumps, water pumps, and lines;
8. 
Minor servicing, replacement and repair of carburetors;
9. 
Emergency wiring repairs;
10. 
Adjusting and repairing brakes;
11. 
Servicing of front end including ball joints;
12. 
Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
13. 
Sales of cold drinks, packaged foods, tobacco and similar convenience goods for facility customers, as accessory and incidental to principal operation; and
14. 
Provision of road maps and other informational material to customers; provision of restroom facilities.
6.1.6. 
Ineligible Activities.
Uses permissible at such facility do not include major mechanical and body work, straightening of body parts, painting, welding, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in stations.

6.2 Outdoor Motor Vehicle Rental or Sales and Storage for Rental or Sale.

6.2.1. 
Dimensional Requirements.
A lot to be used for outdoor motor vehicle rental or sales or storage for rental or sale shall conform to the following requirements:
1. 
The minimum lot area shall be 10,000 square feet.
2. 
The minimum frontage on one street shall be 100 feet.
6.2.2. 
Design Standards.
1. 
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 30 feet, the minimum width, 20 feet.
2. 
The minimum distance of driveways, measured at lot line, shall be as follows: From corner lot line, 20 feet; from interior side lot line, 10 feet; and from other driveway on same lot, 20 feet.
6.2.3. 
Lighting Standards.
Properties in residential districts which abut an outdoor automobile sales 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 high above finished grade, or above the roof level, if on a roof.
3. 
Such screening shall be maintained in good condition at all times. Such screening or barrier may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in the district.
6.2.4. 
No Repair Work.
No repair work of any kind shall be performed.

6.3 Earth Removal.

6.3.1. 
General.
Removal from the premises of sod, loam or soil and removal of all other earth products is prohibited except under a special permit for an exception granted by the Board of Appeals subject to the applicable provisions of Section 9.4 of this Bylaw, and subject to the following conditions:
1. 
The Board of Appeals finds that such removal is necessary to achieve a grade reasonably consistent with adjoining property, or to comply with street grade requirements of subdivision control regulations, and that such removal be restricted to minimum amounts required.
2. 
Conditions shall be imposed to assure the health and safety of the community and that such removal is conducted in the minimum practical time.[1]
[1]
Editor's Note: Former Section 6.4, Inclusionary Housing in The General Business Districts 2 and 3, which immediately followed this section, as amended STM Art. 6, 4/29/2019, was repealed FTM Art. 7, 11/7/2024.