It is the purpose and intent of this chapter to list those uses which are specifically allowed or specifically prohibited in the various zoning districts listed in Chapter 17.08 of this title. Any use not listed in this chapter is prohibited.

(Prior code § 145-10)

Except as provided in this chapter, the provisions of this chapter shall apply to the erection, construction, reconstruction, alteration or use of buildings, structures or use of land. Except as provided in this chapter, any existing nonconforming use, structure or lot shall not become further nonconforming.

(Prior code § 145-11)

This chapter shall not apply to existing buildings or structures nor to the existing use of any building, structure or land to the extent to which it is legally used at the time of adoption of this chapter, but it shall apply to any change of use thereof and to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration or for its use for the same purpose to a substantially greater extent.

(See Chapter 17.28 of this title, Nonconforming Uses.)

A combination of residential/institutional; business and industrial uses, as listed in the table of use regulations, on the same lot, arranged vertically in multiple stories of a structure or horizontally adjacent to one another in one or more buildings.

The mix of uses shall be balanced and compatible and shall contribute to a vibrant town center atmosphere, including a combination of ground floor street front uses such as retail, restaurant and offices.

Ground floors of buildings fronting streets or public access ways shall be reserved for non-residential uses, except as specified below:

Dwelling units shall be allowed on ground floors of buildings if:

A.

The building is set behind another building that has commercial uses on the ground floor; or

B.

The residential portion of the ground floor of a building is set behind street-front non-residential uses within the same building; or

C.

The street frontage exceeds one hundred (100) feet in length and the maximum ground floor street-facing dwelling units do not exceed seventy-five (75) percent of street frontage; at the discretion of the planning board by special permit consistent with standards to be adopted by and published in advance by the planning board. These standards must be kept on file with the Winthrop Town Clerk.

Retail Stores and Services. Establishments offering goods and services to the public that are not specifically listed in the table of uses. Sales of a wide variety of goods and services include, but are not limited to: antiques, apparel, books, food, drugstore, sporting goods, and similar; custom services such as tailoring, photography, framing and similar; and services such as banks; dry-cleaning and laundry drop-off stations; hairdressers and barbers; health clubs; repair services for appliances, shoes, etc.; catering and similar. Retail stores and services do not include adult entertainment; check cashing services; pawn shops; gold exchange shops; medical marijuana facilities or drug treatment facilities.

Amusement Facility. Establishments open to the public offering entertainment or recreation, such as bowling alleys, movie theater, theater for live performances, and similar. Amusement facility does not include adult entertainment.

( Ord. of 7-22-14(1) ; Ord. of 7-15-21 )

Editor's note— Ord. of 7-22-14(1) , repealed and replaced § 17.12.040 in its entirety. Former § 17.12.040 pertained to mixed use development and was derived from prior code § 145-13.

Except as provided in this title, no building, structure or land shall be used except for the purpose permitted in the district, by right or by special permit, as described in this title.

(Prior code § 145-14)

Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other provisions of this title.

(Prior code § 145-15)

No person, except as provided in this section, shall occupy or use or permit to be used or occupied for dwelling, habitation, business, trade, profession, storage or similar purposes any trailer, trailer coach, mobile home, vehicle or portable building. In cases of emergency, hardship, accident, fire or similar unforeseen or special circumstances, occupancy of a trailer, trailer coach, mobile home or portable building for temporary dwelling purposes may be authorized by written permit of the building inspector with the written approval of the town council. Such permit shall expire six months from the date of issue except that an extension for a period not to exceed ninety (90) days may be authorized, in writing, by the building inspector with the written approval of the town council. Such permit shall be subject to such conditions and restrictions as may be imposed by the town council consistent with the purposes of this chapter. This section shall not apply to trailers, similar vehicles and portable buildings actually in use and accessory to construction and building projects and located on the site of such construction or building project during the construction period. Note: This section shall not be deemed to prohibit or limit the right of "an owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a mobile home on the site of such residence and residing in such home for a period not to exceed twelve (12) months while the residence is being rebuilt," pursuant to MGL c. 40A, § 3 (fifth paragraph).

(Prior code § 145-16)

A.

No person, business or entity shall have, keep or store more than one unregistered, uninsured or inoperable motor vehicle, boat, trailer, camper or recreational vehicle un-garaged or on his, her, or their premises for more than seventy-two (72) hours. Nor shall any unregistered, uninsured or inoperable motor vehicle, boat, trailer, camper or recreational vehicle be stored in the yard, front or side (as defined in Section 17.04.050 of the Winthrop Town Ordinance) of a residential or commercial business except lots duly licensed in accordance with Winthrop Ordinance Section 17.24.080, by the Winthrop Licensing Board, to be used for outdoor automobile rental, sales or storage for rental or sales.

B.

The penalty for violation of this section shall be fifty dollars ($50.00) per offense after forty-eight (48) hours' notice and for each subsequent forty-eight-hour period thereafter until such violation has been cured.

(Prior code §§ 279-1, 279-2)

( Mo. of 10-6-14 )

For the use of a dwelling in a residential A district for a home occupation (see definitions in Section 17.04.050 of this title), the following conditions shall apply:

A.

The use shall be carried on strictly within the principal building.

B.

No nonresident of the dwelling shall be employed therein, except one subordinate employee.

C.

Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed six hundred (600) square feet, shall be devoted to such use. In connection with such use, there shall be kept no stock-in-trade, commodities or products which occupy space beyond these limits.

D.

There shall be no display of goods or wares visible from the street.

E.

All advertising devices visible from off the lot are specifically prohibited.

F.

The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance or in any other way. In a structure containing more than one dwelling unit, the use shall in no way become objectionable or detrimental to any residential use within the structure.

G.

Any such building shall include no feature of design not customary in buildings for residential use.

(Prior code § 145-17)

Parking of Other Vehicles in Residence Districts.

1.

Garage or driveway space may be provided for not more than three noncommercial vehicles per dwelling unit, including a single truck or commercial vehicle not exceeding three-quarter-ton capacity. Garage or driveway space for more than one commercial vehicle or truck not exceeding three-quarter-ton capacity may be provided with a special permit from the board of appeals; however, if such a special permit is granted, the second vehicle must be garaged.

2.

The parking of a commercial vehicle in a residential district is subject to the following additional regulations:

a.

The vehicle shall not exceed three-quarter-ton capacity (manufacturer's rating);

b.

The vehicle shall be permitted only if used as a means of transportation to and from the resident's place of business;

c.

It shall not be loaded with inflammable, noxious, dangerous or unsightly materials.

(Prior code § 145-18)

( Mo. of 10-6-14 )

A.

Uses. The following uses are permitted in a conservation district:

1.

Conservation of water, plants and wildlife;

2.

Outdoor recreation, including play areas, nature study, boating and fishing, where otherwise legally permitted but excluding buildings and structures (and pavement);

3.

Noncommercial signs, wildlife management areas, foot, bicycle and/or horse paths and bridges, provided that such uses do not affect the natural flow pattern of any watercourse;

B.

Uses by Special Permit. The following uses are permitted in a conservation district only upon special permit issued by the planning board in accordance with Chapter 17.24 of this title:

1.

Boathouses, golf clubs, skating, picnic, shelters and other structures for recreational use by nonprofit organizations, including but not limited to public agencies;

2.

Installation of utility lines necessary to serve areas inside and outside the district where other access is not feasible.

C.

Special Permit Criteria in Conservation District. Prior to issuing a special permit for uses requiring a special permit in the conservation district, the planning board shall consider the following:

1.

Proof of Suitability. The applicant shall furnish proof to the planning board that the land in question is not subject to high water or erosion, nor unsuitable because of drainage conditions for the intended use;

2.

Reports by Other Boards. The conservation commission, town council and board of health shall review the proof of suitability furnished by the applicant and report thereon to the planning board within thirty (30) days of receipt of such proof;

3.

Limitation of Proposed Use. The planning board shall find that the proposed use, including the development thereof, will not interfere with the purpose for which the conservation commission has been established and will not be detrimental to the public health, safety or welfare, and shall set such limits to the special permit as will safeguard such purposes.

4.

The provisions of Section 17.28.040, Environmental design review by planning board.

D.

Prohibited Uses. The following uses are prohibited in a conservation district:

1.

The storage or disposal of any soil, loam, peat, sand, gravel, rock or other material substance, refuse, trash, rubbish, debris or dredged spoil;

2.

Drainage, excavation or dredging or removal or relocation of loam, peat, sand, gravel, oil or other mineral substance except as accessory to work permitted as a right or by special permit;

3.

Any building or structure (private or public) except as permitted in this section;

4.

Permanent storage of materials or equipment;

5.

The storage or disposal of materials used for snow and ice control, including sand, salt and other de-icing chemicals;

6.

The storage or disposal of hazardous wastes, as defined by the Hazardous Waste Regulations promulgated by the Hazardous Waste Board, the Water Resources Commission and the Division of Water Pollution Control under the provisions of MGL c. 21, §§ 27(8), 52, 57 and 58.

E.

Purpose. The conservation district is intended for the following purposes:

1.

The preservation and maintenance of salt water marshes, to protect the tidal flow of the marsh that is an integral element in the balance of nature within the Boston Harbor area;

2.

The protection of the town against the costs which may be incurred when unsuitable development occurs in swamps, marshes, along watercourses, in areas of high impact due to overcrowding of land and undue concentration of population or on slopes subject to erosion;

3.

To preserve and increase the amenities of the town and foster enjoyment of its remaining natural resources as recreational values;

4.

To conserve natural conditions, wildlife and open space for the education, recreation and general welfare of the public.

(Prior code § 145-19)

A.

Residential A District. Accessory uses shall include the following:

1.

Home occupation, as defined in Section 17.04.050 of this title. (See also Section 17.12.090);

2.

Private swimming pool, provided that it conforms to Chapter 17.36 of this title;

3.

Temporary yard, lawn or garage sales with a permit from the town council (not more than two days per year);

4.

Garage for parking noncommercial vehicles;

5.

Storage shed or barn not exceeding one thousand two hundred (1,200) square feet in area or sixteen (16) feet in height;

6.

Piers and wharfs.

7.

Active solar energy system.

B.

Multifamily Residential Districts. In multifamily developments, the following accessory uses may be included if reserved for the occupants' use: administrative offices, recreation rooms, common laundry room, swimming pool, piers, wharfs, active solar energy systems, and other recreational facilities.

C.

Business and Manufacturing Districts. Accessory uses shall include the following:

1.

Accessory Business Production. Light manufacturing or preparation of products customarily sold on the premises by the producer to consumer is permitted in the business district if limited to not more than twenty-five (25) percent of the total gross floor area of the establishment and not engaging more than five employees at one time;

2.

Accessory Drive-Up Service. A drive-up or drive-in window for a bank, laundry drop, restaurant or other business establishment shall require a special permit from the board of appeals to ensure that moving or waiting cars create no hazard or obstruction on a street or parking lot used by the general public. Drive-up service shall not constitute a nuisance of any type and shall not operate after eleven p.m.;

3.

Accessory Outdoor Storage and Display. Outdoor storage and display accessory to a business or manufacturing use next to a residential district shall not be permitted within fifteen (15) feet of the district boundary;

4.

Accessory Parking and Loading. Parking and loading accessory to a business or manufacturing use is permitted in business and manufacturing districts, subject to the requirements of Chapter 17.20 of this title, Off-Street Parking and Loading.

5.

Accessory Manufacturing Retail. The finished products of an industrial establishment may be sold in the enclosed premises at retail, provided that:

a.

The floor area devoted to such retail does not exceed ten percent of the total gross floor area;

b.

Accessory retail parking, signs and illumination are regulated as for a business district;

c.

The retail portion of the establishment is closed to the public during periods of change of shift.

6.

Accessory Employee Service. Provision may be made on the premises of an industrial or office establishment or within an industrial park for the primary use of persons employed or having business there to serve food, sell small convenience articles, to provide areas for recreation and meeting and for the provision of a day nursery, kindergarten or day-care center;

7.

Piers and wharfs;

8.

Antennas and Satellite Dish Antennas. Antennas and satellite dish antennas are permitted in business A and light manufacturing districts only, provided that they do not exceed a height of sixty-five (65) feet from the ground. Ground-mounted antennas must comply with the yard regulations of the applicable zoning district and the coverage requirements, where applicable. Roof-mounted antennas shall be screened by recessing the antenna back from the roof line, or by constructing a screen of similarly textured roofing or exterior wall material. Ground-mounted antennas shall be screened at their base up to a height of eight feet by fencing or plant materials. In areas accessible to the public, security fencing shall also be provided;

9.

Active solar energy systems;

10.

Eco-roofs, including blue roofs, green roofs, and white roofs;

11.

Electric vehicle infrastructure and supply equipment.

(Prior code § 145-20)

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

A.

The Table of Use Regulations set out in this section is declared to be part of this chapter.

B.

In the following Table of Use Regulations the uses permitted by right in the district are designated by the letter "Y." Those uses that are permitted by special permit in the district are designated by the letters "SP." Those uses that are not permitted in the district are designated by the letter "N."

¹ Any change from one retail use to another retail use on the same premises shall not require a special permit in the CB

Districts

Legend for Table of Use Regulations

SP = Special permit by planning board [NOTE: This category is added for the CB]

SP1 = Special permit by board of appeals

SP2 = Special permit by board of appeals with environmental design review

SP3 = Special permit by planning board with environmental design review

SP4 = Special permit by board of appeals. (See Section 17.28.040, Preexisting multiunit dwellings.)

Y = Permitted use

Y ₁  = Any use employing more than thirty (30) people per lot now requires SP3 permit

Y ² ;en= Subject to section 17.12.040, Mixed use.

N = Not a permitted use

(Prior code § 145-21)

( Ord. of 7-22-14(1) ; Ord. of 1-16-18(1) ; Ord. of 7-15-21 ; Ord. of 7-19-22 )