A.

Title. This title shall be known as the "Zoning Bylaw of the Town of Winthrop, Massachusetts, Title 17 of the Winthrop Town Code."

B.

Short Title. This title may be cited as the "Zoning Bylaw of the Town of Winthrop," referred to as "this title."

(Prior code § 145-1)

A.

Adoption. This title is adopted pursuant to the authority granted by MGL c. 40A and amendments thereto, herein called the "Zoning Act." Where the Zoning Act is amended from time to time after the effective date of this title and where such amendments are mandatory, such amendments shall supersede any regulations of this title which have been set forth on the basis of the Zoning Act in existence on the effective date of this title.

B.

Amendment. It shall be the duty of the planning board, upon petition signed by ten registered voters of the town or upon its own initiative, from time to time, to hold public hearings, fourteen (14) days' published notice of which shall be given, for the consideration of amendments altering the boundaries of any district established by this title or the regulations applied to the same by this title, and thereupon submit to the town meeting for action its recommendation in regard to the same.

(Prior code § 145-2)

The purpose of this title is to promote the health, safety, convenience, morals and welfare of the inhabitants of the town; to lessen congestion in the streets; to conserve health; to secure safety from fire, current flooding, and future flooding due to sea level rise, panic and other danger; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of land and buildings; to encourage the most appropriate use of land throughout the town; to achieve optimum environmental quality through review and cooperation by the use of design review; and to preserve and increase town amenities and to encourage an orderly expansion of the tax base by proper utilization and development of land. It is made with reasonable consideration of the character of the districts and their peculiar suitability for particular uses, with a view to giving direction or effect to land development policies and proposals of the planning board, including the making of Winthrop a more viable and more pleasing place to live, work and play.

(Prior code § 145-3; Ord. of 7-19-22 )

For the purpose of this title and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated in Section 17.04.050 of this chapter. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words "used" or "occupied" include the words "designed, arranged, intended or offered to be used or occupied"; the words "building," "structure," "lot," "land" or "premises" shall be construed as though followed by the words "or any portion thereof"; and the word "shall" is always mandatory and not merely directory. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary.

(Prior code § 145-4)

The defined words and phrases are as follows:

"Abandonment" means the cessation of a use as indicated by the visible or otherwise apparent intention of an owner to discontinue a use of a structure or lot; or removal of the characteristic equipment or furnishing; or the replacement of a conforming use or structure by a non-conforming use or structure.

Accessory Building or Use. See "Use, accessory."

"Adult entertainment" means:

1.

Adult uses/sexually oriented businesses are defined as those with up to ten percent or more of goods or items on display or presentation time of live or recorded performances, characterized by depiction, description or display of or use in connection with "sexual conduct" as defined by state statute, or where more than ten percent of the business revenue comes from such goods or presentations.

2.

Such goods or other items would include theaters, motion picture displays, nightclubs, bars or similar establishments, nude modeling studios, massage parlors, escort agencies, adult bookstores or adult videos.

3.

Further, no sexually explicit materials or advertising are visible from outside the building or town boundary line; there are no private vending booths unless one side is always open to a central public area; no one under eighteen (18) is permitted inside and a procedure is developed to keep those under eighteen (18) from entering the building; all operators and employees must be of good moral character, including that employees have no convictions of sex-related misdemeanor or felony in the previous five years.

4.

Adult entertainment uses shall be allowed by special exception based on specific criteria: no location within the town's designated Drug Free School Zone or within one thousand (1,000) feet of the property line of a church, cemetery, school, day-care center, residential structure or senior center.

"Alteration" means any construction, reconstruction or other similar action resulting in a change in the structural parts, height, number of stories, exits, size, location or use of a building or other structure.

"Apartment house" means a building designed or intended or used as a home or residence of three or more families, each in a separate dwelling unit, living independently of each other and who may have a common right in halls and stairways. (See "Multifamily dwelling".)

"Artist studios/live/work/gallery space" means the use of all or a portion of a structure for both habitation and work by persons engaged in the creation, manufacture or assemblage of commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited to dance, choreography, photography or filmmaking, or the composition of music (but not to include adult entertainment). Sales of artist-created work is also permitted in a portion of the space.

"Attached dwelling" means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls. Attached dwellings are also referred to as "townhouses," "townhouse dwellings" or "row houses."

"Attached dwelling development" means a row of at least three one-family attached dwelling units whose sidewalls are separated from other dwelling units by a fire wall or walls. Each unit in the row house or townhouse may be owned by a separate owner and shall have its own at-grade access.

"Board of appeals" means the board of appeals of the town.

"Basement" means a portion of a building, partly below-grade, which has more than one-half of its height, measured from finish floor to finish ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is four feet six inches or more above the average finish grade.

"Bed and breakfast." (See definition in Chapter 17.49: Bed and breakfast special permit.)

"Blue roof" means a roof system employed in stormwater management. This could encompass active or passive rainwater storage and drainage systems.

"Boardinghouse" or "boarding home" means a house in which a regular service of meals is furnished for persons for a remuneration.

"Building" means a combination of any materials, whether portable or fixed, having a roof, enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property. For purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.

Building, Accessory. "Accessory building" means a building the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building or on an adjacent lot in the same ownership.

"Building area" means the aggregate of the maximum horizontal cross-sectional area of all buildings on a lot, exclusive of cornices, eaves, gutters, chimneys, steps, unenclosed porches, balconies and terraces.

Building, Attached. "Attached building" means a building having any portion of one or more walls in common with adjoining buildings.

"Building coverage" means the building area expressed as a percent of the total lot area.

Building, Detached. "Detached building" means a building having open space on all sides.

"Building height" means for the purpose of this title, the height of any building or accessory structural feature shall be the vertical distance of the highest point of the roof above the mean finished grade of the ground adjoining such building. The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, elevator penthouses and other accessory structural features usually carried above roofs, nor to domes, towers or spires of churches or other buildings, provided that such features shall in no way be used for living purposes. Additionally, not included in determination of height are solar panels that do not extend more than one foot above the ridgeline or in the case of a flat roof, no more than four feet above the parapet, unless greater extensions are allowed by special permit.

Building, Nonconforming. "Nonconforming building" means a building lawfully existing at the time of adoption of this title, or any subsequent amendment thereto, which does not conform to one or more of the applicable dimensional and density regulations for the district in which the building is located.

"Building setback line" means the line established by this title beyond which a building shall not extend except as specifically provided by this title.

"Carport" means a roofed structure, unenclosed on two or more sides, which may serve as a shelter for motor vehicles.

"Cellar" means a portion of a building, partly or entirely below-grade, which has more than one-half of its height, measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. A cellar is not deemed a story.

"Certificate of occupancy" means a statement signed by the building inspector setting forth either that a building or structure complies with this title or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.

"Commercial vehicle" means for the purpose of this title, any cart or wagon or any vehicle which is included in the definition of a "motor vehicle" given in MGL c. 90, including, but not limited to, a passenger car or van on which is permanently affixed any writing to designate the business or professional use or affiliation of such car or van or any truck or other vehicle which would be classified as other than a passenger vehicle for purposes of registration in the commonwealth of Massachusetts or an auto home or bus, but excluding a passenger car not marked for business use.

"Court" means an open, uncovered, unoccupied space partially or wholly surrounded by the walls of a structure.

Court, Inner. "Inner court" means a court, surrounded on all sides by the exterior walls of a structure.

Court, Outer. "Outer court" means a court having at least one side thereof opening onto a street, alley or yard or other permanent open space.

"Detached dwelling" means a building which is designed or occupied as a one-family residence on its own lot and is separated by side yards from any other structure or structures, except accessory buildings.

"District" means a zoning district as established by Chapter 17.08 of this title.

"Drive-in retail or service establishment" means a business or commercial establishment which dispenses any food, beverages, goods or services from inside a building to persons standing outside or seated in their automobiles.

"Driveway" means an open space, which may be paved, located on a lot, which is not more than twenty (20) feet in width, built for access to a garage or off-street parking or loading space and as further regulated by Chapter 17.20 of this title.

"Duplex house" means a house containing two dwelling units adjoining side by side; that is, in which no part of one dwelling unit is over any part of the other dwelling unit. A duplex house shall be considered as one principal building occupying one lot for the purpose of determining yard requirements. The term "duplex house" is synonymous with the term "semidetached dwelling."

"Dwelling" means a privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, or any other legal form which is occupied in whole or part as the home residence or sleeping place of one or more persons. The term "one-family dwelling" or "two-family dwelling" shall not include a hotel, lodging house, hospital, membership club, mobile home or dormitory.

"Dwelling unit" means one or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation.

"Eco-roof" means a climate-smart roof that provides multiple benefits. Eco-roofs can generate renewable energy, manage stormwater, reduce heating loads in a building, and/or mitigate urban heat island effect, depending on the type of roof installed. Types of eco-roofs include blue roofs, green roofs, solar roofs, and white roofs.

"Electric vehicle" means any motor vehicle that is licensed and registered to operate on public and private highways, roads, and streets, and operates either partially or exclusively on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. Electric vehicle includes battery electric vehicles and plug-in hybrid electric vehicles.

Electric vehicle, battery. "Battery electric vehicle" means any motor vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's battery, and produces zero tailpipe emissions or pollution when stationary or operating.

Electric vehicle, plug-in hybrid. "Plug-in hybrid electric vehicle" means an electric vehicle that

(1)

Contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor;

(2)

Charges its battery primarily by connecting to the grid or other off-board electrical source;

(3)

May additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and

(4)

Has the ability to travel powered by electricity.

"Electric vehicle charging station" means a public or private parking space that is served by electric vehicle supply equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery in an electric vehicle.

"Electric vehicle infrastructure" means the structures, machinery, and equipment necessary and integral to support an electric vehicle, including the electrical conduit and premises wiring requirements for the installation of electric vehicle supply equipment.

"Electric vehicle supply equipment" means the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for purposes of delivering energy from the premises wiring to the electric vehicle, complying and conforming with National Electric Code Article 625 and Society of Automotive Engineers J1772 Standard or as such standard may be from time to time amended.

"Erected" means and includes the words "attached," "built," "constructed," "reconstructed," "altered," "enlarged" and "moved."

"Essential services" means services provided by private or public utility or governmental agencies through erection, construction, alteration or maintenance of gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems, whether underground or overhead. Facilities necessary for the provisions of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governmental agencies for the public health, safety or general welfare.

"Family" means individuals living together as a single housekeeping unit and doing their cooking upon the premises. For the purpose of this definition, no more than three unrelated individuals shall constitute a family.

"Fast-order food establishment" means an establishment whose primary business is the sale of food for consumption on or off the premises which is primarily intended for immediate consumption rather than for use as an ingredient or component of meals, available upon a short waiting time and packaged or presented in such a manner that it can be readily eaten inside or outside the premises where it is sold.

"Floodline" means the limits of flooding from a particular body of water caused by a storm whose frequency or occurrence is once in a given number of years, as determined and certified by a registered professional engineer qualified in drainage.

"Floor area ratio" means the ratio of the gross floor area to the total area of the lot.

"Frontage" means the front property line of a building or lot abutting on a public or private way approved by the town.

Garage, Auto Repair. "Auto repair garage" means any building in which a business or industry dealing with the repair or servicing of motor vehicles is maintained.

Garage, Private. "Private garage" means any building or portion of a building accessory to and located upon the same lot as a residential building or upon a lot in the same ownership and adjacent to the lot on which the served residential building is located which is used for keeping of a motor vehicle or motor vehicles and in which no business or industry dealing with sales, servicing or repair of such vehicles is carried on.

Garage, Public. "Public garage" means any building in which a business dealing with the storage of motor vehicles is maintained either for profit or public service. Such business shall not involve the repair or servicing of any motor vehicles.

"Gasoline station" means a building, facility or part thereof with at least one and no more than two service bays whose chief activity is the selling of gasoline, oil and related products for motor vehicles and the provisions for lubricating service or auto repair limited to: tire service and repair (but not recapping or regrooving), replacement of miscellaneous parts and minor adjustments to parts of the motor not involving removal of the head, crankcase or motor. A self-service portion of a gasoline station may be part of a full-service station only. (See Section 17.24.070.)

"Gasoline station (self-service)" means a facility or part thereof which dispenses gasoline, oil or other petroleum or lubricating products on a self-service basis to the patrons.

"Green roof" means the portion(s) of building or structure roof area with vegetation or plantings purposed to reduce heat island effect and provide stormwater retention and thermal insulation benefits. Additional benefits may include agricultural, habitat, and/or human well-being. Except for intensive and agricultural plantings, green roof systems should be drought resistant and not require irrigation once established.

"Gross floor area" means:

1.

The sum, in square feet, of the gross horizontal areas of all the floors of a principal building and its accessory buildings on the same lot, including basements, as measured from the exterior faces of the exterior walls or center lines of walls separating two buildings, including:

a.

Elevator shafts and stairwells on each floor;

b.

Attic space with a structural headroom of seven feet or more, except as excluded in this definition;

c.

Interior mezzanines and penthouses;

d.

Basement and cellar areas not devoted exclusively to uses accessory to the operation of the building;

e.

All-weather habitable porches and balconies.

2.

But excluding:

a.

Areas used for parking garages, accessory parking or off-street loading purposes;

b.

Basement and cellar areas devoted exclusively to uses accessory to the operation of the building;

c.

Open or lattice-enclosed exterior fire escapes;

d.

Attic space and other areas for elevator machinery or mechanical equipment accessory to the building;

e.

Open porches and balconies.

"Heat pump" means a device that serves as a heating and/or cooling system for a building by transferring heat energy into a building to heat it and out of the building to cool it.

Heat pump, cold climate. "Cold climate heat pump" means a heat pump that delivers energy efficiency, without reliance on back-up heating, even when the temperature drops well below freezing.

Heat pump, compressor. "Heat pump compressor" means the external portion of a heat pump system.

Heat pump, ground-source. "Ground-source heat pump" means a water-to-air heat pump or water-to-water heat pump using fluid flowing through underground piping as a heat source/heat sink, that provides heating, cooling, or heating and cooling conditioning. May also provide heat for domestic hot water.

Heat pump, air-source. "Air-source heat pump" means a heat pump that uses outside air as a heat source/heat sink that provides heating, cooling, or heating and cooling conditioning. May also provide heat for domestic hot water. Air Source Heat Pumps are considered building mechanicals.

"Home occupation" means an accessory use which by custom has been carried on entirely within a dwelling unit and is incidental and subordinate to the dwelling use. In connection with such use, there shall be no retail sale of merchandise on the premises. Such use shall be carried on by the occupants of the dwelling unit in compliance with the provisions of Chapter 17.12 of this title, Use Regulations, and shall not in any manner change the residential character of the building. Home occupations do not include such uses as barbershops, beauty parlors, commercial stables or kennels, real estate or insurance offices, teaching of more than three pupils simultaneously and, in the case of musical instruction, more than one pupil at a time. (See Section 17.12.090.)

"Hospital" means an institution certified by the American Hospital Association as an accredited hospital providing health services for inpatient and/or outpatient medical or surgical care of the sick or injured and including related facilities, such as, but not limited to, laboratories, outpatient departments, central staff service facilities and staff offices which are an integral part of the institution.

Hospital, Veterinary. "Veterinary hospital" means a building providing for the diagnosis and treatment of ailments of animals other than human, including facilities for overnight care.

"Hotel" means a building or any part of a building containing rooming units without individual cooking facilities for transient occupancy and having a common entrance or entrances; and including an inn, motel and motor inn, but not including a boardinghouse, lodging house or rooming house.

"Inspector of buildings" means the town building inspector.

"Junk" means any worn out, cast off or discarded articles or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.

"Junkyard" means the use of any portion of any lot, inside or outside any building, that joins any street, for the storage, keeping or abandonment of junk.

"Light manufacturing" means manufacturing employing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and process, free from neighborhood-disturbing odors or agencies, but subject to the following provisions. Any light manufacturing business, the conduct of which may be disturbing or detrimental to the health, safety or welfare of persons working in or living near the proposed location of such manufacturing, including special danger of fire or explosion, pollution of waterways, corrosive, toxic or noxious fumes, gas, smoke, soot, obnoxious dust, disagreeable odors and offensive noise or vibrations, is expressly prohibited.

"Lodging house" means a building where lodging units are rented to four or more persons. A lodging house shall not include convalescent, nursing or rest homes; dormitories or charitable, education or philanthropic institutions; or apartments or hotels.

"Lodging unit" means one or more rooms for the semipermanent dwelling use of not more than three individuals not living as a single housekeeping unit and not having cooking facilities.

"Lot" means an area or parcel of land or any part thereof in individual, joint or common ownership or in ownership by the entirety which is designated on a plan as a separate lot and which has boundaries identical with those on a plan recorded in the Suffolk County registry of deeds.

Lot, Corner. "Corner lot" means a lot at the junction of and abutting on two or more intersecting streets or ways, the interior angle of intersection of street lot lines or, in the case of a curved street, extended lot lines, being not more than one hundred thirty-five (135) degrees.

Lot, Interior. "Interior lot" means a lot the side lines of which do not abut on a street.

Lot Line, Front. "Front lot line" means the property line dividing a lot from a street and/or right-of-way.

Lot Line, Rear. "Rear lot line" means any lot line which is parallel to or within forty-five (45) degrees of being parallel to a front lot line, except for a lot line that is itself a front lot line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not front lot lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of odd shape, only the one lot line furthest from the street shall be considered a rear lot line.

Lot Line, Side. "Side lot line" means any lot line not a front or rear lot line.

Lot, Nonconforming. "Nonconforming lot" means a lot lawfully existing at the effective date of this title, or any subsequent amendment thereto, which is not in accordance with all provisions of this title.

Lot, Through. "Through lot" means a lot, the front and rear lot lines of which abut streets; or a corner lot, two opposite lines of which abut streets.

"Lot width" means the shortest distance between opposite side lines of a lot measured through the principal structure on such lot. At no point between the street frontage line and the principal structure shall the lot be narrower than seventy-five (75) percent of the required lot width.

"Marina" means a boat basin that has docks, slips, supplies and repair facilities for small boats.

"Marquee" means a rigid surface canopy structure projecting from a building over an exterior entrance thereto and used as a shelter from rain or sun.

"Membership club" means a noncommercial social, sports or fraternal association or organization which is used exclusively by members and their guests.

"Multifamily dwelling" means a building designed or intended or used as the home of three or more families, each in a separate dwelling unit, living independently of each other and who may have common rights in halls and stairways. This definition is intended to include building types commonly known as "garden apartments," "mid-rise apartments" and "high-rise apartments," which are defined below.

1.

"Garden apartment" means a building or group of buildings on a landscaped lot, arranged, intended and designed to be occupied by three or more families per building, each family separated by party walls or floors from the other, with each apartment having individual living, sleeping, kitchen and toilet facilities and thirty (30) square feet of storage space provided for each apartment. Such building or buildings shall not exceed three stories;

2.

"Mid-rise apartment" means a multifamily dwelling of more than three stories but not more that six stories in height;

3.

"High-rise apartment" means a multifamily dwelling of more than six stories in height.

"Net zero building" means a highly energy efficient building that produces on-site, or procures, enough carbon-free renewable energy to meet the energy consumption for building operations annually.

"Office" means a place in which functions such as directing, consulting, recordkeeping, clerical work and sales (without the presence of merchandise) of a firm are carried on; also, a place in which a professional person conducts his or her professional business.

"Open space land" means land on a developed parcel which is unbuilt upon and contains no paved parking, loading or driveway areas, but which may contain active or passive recreation areas, including incidental paving related thereto. A minimum of thirty-five (35) percent of open space land must be usable open space, as defined in this section.

Open Space, Landscaped. "Landscaped open space" means open space designed and developed for pleasant appearance in trees, shrubs, ground covers and grass, including other landscaped elements, such as natural features of the site, walks and terraces, and also including open areas accessible to and developed for the use of the occupants of the building.

Open Space, Usable. "Usable open space" means open space land which is free of automotive traffic and parking and readily accessible to those for whom it is intended. It must have an average grade of less than eight percent and be sufficiently well drained to permit its use for informal recreation for most seasons of the year. Such space may include open areas intended for the exclusive use of site occupants as well as those accessible to the public.

"Open yard area" means a yard area which is unbuilt upon, but which may include sidewalks, swimming pools, terraced areas, patios, playcourts and playground facilities, and is not devoted to streets, driveways, off-street parking or loading spaces or other paved areas.

"Outdoor storage area" means a space outside of a building which is used to keep merchandise for use, goods to be processed or machinery for use.

"Owner" means the duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use of the structure or lot in question.

"Parking space" means an off-street space inside or outside a structure for exclusive use as a parking stall for one motor vehicle.

"Recreational trailer or vehicle" means a vehicular, portable unit designed for travel, camping or recreational use, including but not limited to the following:

1.

"Travel trailer" means a vehicular, portable dwelling unit built on a chassis, being of any length, provided that its gross weight does not exceed four thousand five hundred (4,500) pounds, or being of any weight, provided that its overall length does not exceed twenty-eight (28) feet;

2.

"Pickup camper" means a portable dwelling unit designed to be mounted on a pickup truck or chassis, whether or not so mounted;

3.

"Motorized camper" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle;

4.

"Tent trailer" means a folding structure, constructed of canvas, plastic or similar water repellent material, designed to be mounted on wheels to be used as a temporary dwelling;

5.

"Boat trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and designed for the hauling or storage of a boat, aircraft, snowmobile or other recreational vehicle;

6.

"Boats" means power and otherwise.

"Repair" means with respect to a building or structure, any construction which replaces materials and does not change the height, number of stories, size or location of a structure.

"Research or testing laboratories" means laboratories engaged in research, experimental and testing activities, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine and physics, but subject to the following conditions. Any laboratory, the conduct of which may be disturbing or detrimental to the health, safety or welfare of persons working in or living near the proposed location of such laboratory, including special danger of fire or explosion, radiation, disease, pollution of waterways, corrosive, toxic or noxious fumes, gas, smoke, soot, obnoxious dust, hazardous waste, disagreeable odors, offensive noise or vibrations or potential danger to public health, is expressly prohibited. Permitted laboratories may manufacture, process or store goods and materials to the extent such manufacturing, processing or storage is a part of and related solely to such research, experimental and testing activities, but all other manufacturing, processing or storage of goods and materials is expressly prohibited.

"Restaurant" means an establishment where the principal activity is the service or sale of prepared food or drink for on-premises or off-premises consumption.

"Rooming or lodging house" means a building containing four or more lodging units.

Semidetached Dwelling. See "Duplex house."

"Setback" means the shortest horizontal distance from the front line to the nearest building wall or building part.

"Sign" means any permanent structure, device, letter, word, model, insignia, trade flag, streamer, display, emblem or representation used as, or which is in the nature of, an advertisement, announcement or direction or is designed to attract the eye. This definition shall include signs located within a window when illuminated. Marquees, canopies, clocks, thermometers and calendars shall be subject to this title when used in conjunction with signs as defined in this section. A sign shall be painted, posted or otherwise securely affixed to a substantial intermediate removable surface and, except for freestanding signs, such surface shall be securely affixed to the face of the building front, which can be street or parking lot frontage, but shall be in a single, unbroken plane. The foregoing shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of one-fourth of an inch. The material of the sign and intermediate surface and the manner of affixation of the sign to the intermediate surface and of the intermediate surface to the wall of the building shall be subject to the approval of the building inspector for the purpose of protecting the safety of the public.

Sign, Accessory. "Accessory sign" means any sign that, with respect to the premises on which it is erected, advertises or indicates one or more of the following: the person occupying the premises, the business transacted on the premises and directional or parking instructions; or the sale or leasing of the premises or any part thereof.

"Sign area", "area of a sign" or "signage" means the area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matter shall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area.

Sign, Canopy. "Canopy sign" means a roof-like covering, as a canvas, on a frame that is affixed to a building projecting over a sidewalk portion of a way and carried by a frame supported upon the ground or sidewalk.

"Sign facing or face" means the surface of a sign, board, background area and structural trim upon, against or through which a message is displayed or illustrated on the sign.

Sign, Freestanding. "Freestanding sign" means a sign not a part or attached to any building but generally located elsewhere on a lot.

Sign, Ground. "Ground sign" means a freestanding sign located on or close to the ground, the top of which shall not be higher than four feet above the ground.

Sign, Permanent. "Permanent sign" means any sign as defined above, intended to be erected and maintained for more than ninety (90) days.

Sign, Portable. "Portable sign" means a freestanding sign not permanently affixed, anchored or secured to the ground or a structure on the lot it occupies, including trailered signs but excluding signs affixed to or painted on a vehicle.

Sign, Primary Wall. "Primary wall sign" means a sign on the building face fronting on a street or parking lot frontage.

Sign, Projecting. "Projecting sign" means any sign which is attached to a building or other structure and any part of which projects more than eighteen (18) inches from the wall surface of that portion of the building or structure in front of which the sign is positioned.

Sign, Roof. "Roof sign" means any sign erected, constructed and maintained upon or over the roof of any building.

Sign, Secondary Wall. "Secondary wall sign" means a sign located on any building face fronting on a street or parking lot frontage other than that of the primary wall sign. The cumulative area of all secondary wall signs shall not exceed fifty (50) percent of the maximum possible area of the primary wall sign.

Sign, Standing or Pole. "Standing or pole sign" means a freestanding sign not exceeding fifteen (15) feet in height with eight feet of clearance under the sign and erected upon supporting devices or stands.

Sign, Temporary. "Temporary sign" means any sign, including its supporting structure, intended to be maintained for a continuous period not to exceed ninety (90) days.

Sign, Wall. "Wall sign" means a sign not exceeding four feet in height securely affixed to a wall projecting not more than twelve (12) inches from and parallel to the face of such wall, not projecting beyond the building face fronting on a street or parking lot nor above the highest line of the building to which it is attached. A wall sign shall be no higher than the lowest of the following: twenty-five (25) feet above-grade; the bottom of the sills of the first level of windows above the first story; or the cornice line of the building at the building line. If attached to a parapet, a sign shall not exceed the height of the parapet.

Sign, Window. "Window sign" means signs painted or posted on an interior translucent surface, including windows and doors, such coverage not to exceed twenty-five (25) percent of the area visible from the exterior of the building.

Solar Energy System, Active. "Active Solar Energy System" means a solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. ¹

¹ DOER "Model Zoning for the Regulation of Solar Energy Systems" 2014

"Solar Energy System, Ground-Mounted" means an active solar energy system that is directly installed on specialized solar racking systems, which are attached to an anchor in the ground, and wired to connect to an adjacent home or building.

Solar Energy System, Roof-Mounted. "Roof-Mounted Solar Energy System" means an active solar energy system that is structurally mounted to the roof of a building or structure. ²

² DOER "Model Zoning for the Regulation of Solar Energy Systems" 2014

"Solar roof" means a roof that is either a solar photovoltaic (PV) system for renewable energy generation or a solar thermal system to offset the heating load of the building by pre-heating the building's water with heat generated from solar collectors on the roof.

"Special permit" means a use of a structure or lot or any action upon a premises which may be permitted under this title only upon application to and the approval of the board of appeals or planning board in accordance with Chapter 17.24 of this title.

"Story" means the portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is four feet six inches or more above the finish grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and not used for human occupancy.

Story, Half. "Half story" means a story which is under a gable, hipped or gambrel roof, where less than one-half the floor area has a clear height of seven feet or more.

"Street" means a public or private way which is accepted or devoted to public use by legal mapping or by other lawful procedure. It shall be synonymous with the words "road," "avenue," "highway" and "parkway" and other similar designations.

"Structure" means a combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelters, piers, wharves, bin, fence, sign, satellite microwave dish or the like.

"Three-family dwelling" means a house containing three dwelling units.

Townhouse. See "Attached dwelling."

"Trailer" means any vehicle which is immediately portable and is arranged, intended, designed or used for sleeping, eating or business or is a place in which persons may congregate, including a mobile home, house trailer or camper. A trailer, whether immediately portable or no longer immediately portable by virtue of having its wheels removed or skirts attached, shall not be considered a building for the purposes of this title.

"Two-family dwelling" means a house on a single lot containing two dwelling units. This definition includes duplex houses.

"Use" means the purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.

Use, Accessory. "Accessory use" means a use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure. (See Section 17.12.120.)

Use, Nonconforming. "Nonconforming use" means a use lawfully existing at the time of adoption of this title or any subsequent amendment thereto which does not conform to one or more provisions of this title. (See Chapter 17.28 of this title.)

Use, Principal. "Principal use" means the main or primary purpose for which a structure or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this title.

Use, Substantially Different. "Substantially different use" means a use which by reason of its normal operation would cause readily observable difference in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.

"Variance" means a departure from the terms of this title authorized by the board of appeals under the terms of Section 17.52.020 of this title.

"White roof" means a finishing or surface that reflects more light than it absorbs. This lowers the temperature of the air around it, helping to reduce urban heat island impacts.

"WPB" means the Winthrop planning board.

"Yard" means an open space unobstructed from the ground up, on the same lot with a principal building, extending along a lot line or front lot line and inward to the principal building. The size of a required yard shall be measured as the shortest distance between the outer face of the building foundation wall and a lot line or front lot line. Structures which are below finished lot grade, including shelters for nuclear fallout, shall not be deemed to occupy required yards.

Yard, Front. "Front yard" means a yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line.

Yard, Rear. "Rear yard" means a yard unoccupied, except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

Yard, Side. "Side yard" means a yard unoccupied, except by an accessory structure or use as herein permitted, between a building and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.

(Prior code § 145-5)

( Ord. of 7-1-14(1) ; Ord. of 7-22-14(1) ; Ord. of 1-16-18(1) ; Ord. of 7-19-22 )