The purpose and intent of this chapter is to provide adequate lot size, frontage, privacy, daylight, sunlight and air in the town; to secure safety; to prevent overcrowding of land; to provide at least a minimum of useful outdoor space; and to establish a minimum and a maximum relationship between lot and structure for the purpose of retaining and preserving the amenities of the various areas of the town.

(Prior code § 145-22)

A.

Number of One-or Two-Family Residential Buildings on a Lot. Any one lot in a residential A district shall not contain more than one single-family or two-family dwelling.

B.

Area and Frontage Requirements for All Districts.

1.

Upon approval of the planning board, the required frontage for lots on curved streets where the radius of the arc at its degree of greatest curve is less than one hundred (100) feet and lots on turning circles may be reduced by not more than fifty (50) percent, provided that the required lot width is attained at the required minimum front setback line.

2.

In determining the area and frontage of a lot there shall not be included any land within the limits of a street upon which such lot abuts, even if the title to such street is in the owner of the lot, except that if a corner lot has its corner bounded by a curved line connecting other bounding lines which, if extended, would intersect, the area and frontage shall be computed as if such bounding lines were so extended.

3.

A lot upon which is located a building or for which a building permit has been issued and is then outstanding shall not be subdivided or reduced in area in any manner unless there is retained for such lot sufficient area and frontage to meet the requirements of this chapter and unless such lot has retained (and any building thereon) meets all the other requirements of this chapter. If land is subdivided, conveyed, devised or otherwise transferred in violation of this chapter, no building permit shall be issued with reference to such transferred land until the lot retained meets the requirements of this chapter. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken by eminent domain shall not be deemed to be transferred in violation of the provisions of this chapter.

4.

No lot on which is located any building used for residence purposes in any district shall be reduced or changed in area of shape so that the building or lot fails to comply with the provision of this chapter. This subsection, however, shall not apply in the case of a lot a portion of which is taken for a public purpose.

C.

Yard Requirements for All Districts. Where a side or rear yard is adjacent to a street, the side or rear yard requirement shall be the same as the distance specified for front yard setback (unless specifically excepted in this chapter).

1.

No front yard shall be used for the open storage of boats, vehicles, travel trailers or any other equipment. In one- and two-family districts, parking of motor vehicles is prohibited in the front yard, except in the driveway. In business and industrial districts, parking is permitted in the front yard area, provided that a fifteen-foot landscaped strip is provided adjacent to the street right-of-way line.

2.

No part of a required yard may be occupied by any building or structure except a building of accessory use, provided that windowsills, belt courses and other ornamental features may project not more than three inches and cornices may project not more than fifteen (15) inches into any required yard; and a roofed or unroofed but otherwise unenclosed first story porch with a floor area not exceeding twenty (20) square feet and steps may project into the required front or rear yard.

3.

No building need provide a front yard in excess of the average of the building setbacks on either side (assuming a vacant lot to meet the district requirement). Where one- and two-family residential buildings on lots totaling three-fourths of the frontage of one side of a street between two intersecting streets have been set back more than fifteen (15) feet, the front yard shall have a minimum setback equal to the setback observed by all the buildings on such three-fourths of the frontage.

4.

Business structures or uses shall not display goods for sale purposes or display coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

5.

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. An unattached accessory building not greater than sixteen (16) feet in height serving a dwelling in a residential A district may be located in a side or rear yard within five feet of a side or rear lot line and not closer than ten feet from the principal building.

6.

See Section 17.36.040 of this title for yard requirements for swimming pools.

7.

No yard, court or other open space required for a building by this chapter shall during the life of such building be occupied by or counted as open space for another building.

8.

In FEMA Flood Zones VE, AO, and AE, an attached covered structure to house utilities may be constructed in the side or rear setback of an existing residential building for the purpose of housing utilities that are to be elevated above the base flood elevation as shown on the FEMA Flood Map for that building's location. Utilities are defined as and are limited to heating units, water heater and hot water storage, electrical panel, washer, and dryer. The footprint of such structure shall not exceed fifty (50) square feet and it shall not encroach into the side or rear setback more than fifty (50) percent of the required setback of the structure or within three feet of the property line. Such structure shall be allowed when the building commissioner or zoning enforcement officer determines that no other practical space is available in the residence to house the elevated utilities.

D.

Exemptions to Maximum Height Regulations. The height limitations as set forth in the table of dimensional regulations shall not apply to those accessory structural features described in the definition of building height in Section 17.04.050 of this title. In the light manufacturing district, any such accessory structural features shall not exceed a height of sixty-five (65) feet from the ground. Existing buildings located in a special flood hazard area, as defined by the latest edition of 780 CMR, may be elevated beyond the prescribed height limit to floodproof said building by meeting or exceeding the flood elevation requirements of said CMR. Buildings cannot exceed the elevation required to comply with 780 CMR by more than three feet.

E.

Traffic Visibility at Driveways and Corners.

1.

Traffic Visibility at Driveways. A fence, hedge, wall, sign or other structure or vegetation may be maintained on any lot provided two and one-half feet in height above the adjacent ground within five feet of the front lot line unless it can be shown that such vegetation or structure will not restrict visibility in such a way as to hinder the safe entry of a vehicle from any driveway to the street.

2.

Traffic Visibility at Corners. Between the property lines of intersecting streets and a line joining points on such lines twenty-five (25) feet distant from their point of intersection or, in the case of a rounded corner, the point of intersection of their tangents, no building or structure or obstruction in any district may be erected and no vegetation other than shade trees may be maintained between a height of three feet and seven feet above the plane through their curb grades.

F.

Screening and Buffer Strips in Manufacturing, Business and Multiple Residence Districts.

1.

Screening and buffer strips containing no buildings, parking areas or accessory uses shall be required in any industrial, business or multiple residence district which abuts a residential district. The minimum width of this strip shall be fifteen (15) feet, of which ten feet shall not be paved.

2.

The strip shall contain a screen of plantings of vertical habit not less than three feet in width and four feet in height at the time of occupancy of such lot and shall grow to a minimum of four feet in width and five feet in height at maturity. Individual shrubs or trees shall be planted not more than ten feet on center and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year round. At least fifty (50) percent of the plantings shall consist of evergreens. A solid wall or fence, five feet in height, complemented by suitable plantings, may be substituted for such landscaped screen planting. No screen shall be closer than five feet to a public or private street right-of-way line.

G.

Setback from Open Stream. In no case shall any building or structure be permitted within fifty (50) feet of the embankment of any open stream, as defined by the conservation commission, using the applicable Massachusetts DBQE standards.

H.

Multifamily Dwellings. (See Section 17.04.050 of this title for the definition of "multifamily dwellings" and "attached dwellings.")

1.

Garden apartments or attached dwellings may be allowed by special permit by the planning board in the residential B district or in residential C district. Mid-rise apartments or a combination of mid-rise and garden apartments and attached dwellings may be allowed by special permit by the planning board in the residential C district. High-rise apartments constructed prior to January 1, 1988, are allowed in the residential C district. Additional high-rise apartments are prohibited. It is the intent of this subsection to encourage the development (in appropriate locations) of attractive, functional low-density multifamily and attached dwellings which respond to the social and economic characteristics and needs of the present and future Winthrop population.

2.

In order to grant a special permit for a multifamily or attached dwelling development in districts where permitted, the planning board must find that the developer has met all of the general requirements for a special permit set forth in Chapter 17.24 of this title and has conformed to the environmental design review requirements of Section 17.24.040 of this title. In addition, the following specific requirements shall also be met:

a.

The minimum lot size for multifamily dwellings, where permitted, shall be twenty thousand (20,000) square feet;

b.

The maximum overall density for garden apartments and attached dwellings in the residential B district shall be one unit per two thousand five hundred (2,500) square feet of lot area. The maximum overall density for mid-rise apartments or a combination of mid-rise and garden apartments or attached dwellings in the residential C district shall be one unit per two thousand (2,000) square feet of lot area;

c.

Where a development containing multifamily or attached dwellings is adjacent to a single-family district or preexisting commercial or industrial development, a buffer strip as described in subsection F of this section shall be required;

d.

Any proposed multifamily or attached dwelling development shall be served by public water and sewerage systems.

3.

Parking Areas and Open Space for Multifamily Dwellings.

a.

No open parking or driveway shall be closer than twelve (12) feet to a wall containing windows to habitable rooms of a dwelling unit which are on the ground floor or basement floor.

b.

At least thirty (30) percent of the total area of the multifamily dwelling complex shall be maintained as open yard areas. (See Section 17.04.050 of this title for the definition of "open yard area.")

4.

Summary of Dimensional Regulations for Multifamily Dwellings. The minimum dimensional controls for multifamily dwellings shall be as follows (minimum requirements in feet unless otherwise indicated):

Notes:

¹  Percent of exclusive use zone. [See subsection (H)(6) of this section)

²  Or ⅔ height of the building, whichever is greater.

³  Or ⅔ height of the taller building, whichever is greater.

⁴  Except that at the end of a row of attached dwellings, a twenty-five (25) foot setback shall be required.

5.

Parking and Loading. The minimum parking and loading requirements shall be as specified in Chapter 17.20 of this title.

6.

Additional Requirements.

a.

There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within fifty (50) feet of the outside entrance of each dwelling structure.

b.

Any road or driveway providing principal access to a multifamily or attached dwelling shall conform to appropriate provisions of the subdivision control regulations as if it were a minor residential street. If deemed necessary by the planning board, such road or street shall be dedicated as a public way. No more than two driveways used as a means of access to garages or parking areas shall be provided for each two hundred (200) lineal feet of existing lot frontage or lot frontage or dedicated public ways.

c.

Individual attached dwellings may be sold as condominium units only and may not be sold as row houses with their own individual lots. Nothing in this subsection is meant to restrict the allocation of outdoor space adjacent to dwelling units for the exclusive use of the occupants of specific dwelling units, as discussed in subsection (H)(6)(d) of this section

d.

In attached dwelling developments, exclusive use zones for the exclusive use of occupants of individual dwelling units shall be shown on the site plan. The ground floor area of the dwelling unit plus the outdoor space allocated for the exclusive use of the dwelling unit shall make up the exclusive use zone. The ground floor of the building shall not occupy more than forty (40) percent of the exclusive use zone, and twenty (20) percent of the exclusive use zone shall be outdoor open space not devoted to driveways or parking areas.

e.

See Section 17.20.050 for parking requirements for multifamily or attached dwellings.

I.

Conversion of Dwellings. No existing single-family dwelling may be converted to a two-family dwelling unless all area, dimensional and parking requirements for a two-family dwelling are met and all stairways leading to the second or any higher floor are enclosed so as to be within and in conformity with the construction and materials of the exterior walls of the building, and so as to comply with all front, rear and side yard requirements.

J.

Preexisting Lots. One-family and two-family dwellings on lots subdivided prior to July 1, 1982, shall be regulated as follows: any alterations to existing structures on lots subdivided before July 1, 1982, come under subsection (J)(2) of this section. No existing building may be altered to exceed two and one-half stories, not to exceed thirty-five (35) feet.

1.

Lots subdivided prior to November 3, 1955.

2.

Lots subdivided between November 3, 1955, and July 1, 1982.

3.

Lots subdivided after July 1, 1982: (See Table of Dimensional Regulations in the Appendix following this chapter.)

4.

Lot Size Exception for Dwellings. A single-family dwelling only may be built on a lot having less than the required area and frontage as established by this section, provided that all front, side and rear yard requirements under this section are met; and provided further that prior to the effective date of this section, such lot was lawfully laid out in a plan or deed duly recorded or by a plan endorsed with the words "approval under the subdivision control law not required"; and such lot was held in separate ownership from that of adjoining land and located in the same residential district; and provided further that at the time of building, such lot has an area of not less than three thousand five hundred (3,500) square feet of land.

5.

Lot Size Exception in Business and Light Manufacturing Districts. In particular instances, the board of appeals may permit a principal building to be erected on a lot containing an area or frontage, or both, of less than the minimum area or frontage requirements specified in the Table of Dimensional Regulations, if at the time of the adoption of such minimum requirements such lot was lawfully laid out and recorded by plan or deed and did not adjoin other land of the same owner available for use in connection with such lot, provided that the board determines that such permission can be granted without substantial derogation from the intent and purpose of this section. A lot resulting from a taking by eminent domain after the adoption of such minimum requirements shall be deemed for the purpose of this subsection to have been lawfully laid out and recorded by plan or deed at the time of such adoption if the larger lot of which it was a part before such taking was so laid out and recorded. In granting such permission, the board may permit front, side or rear yards of less than the minimum yard requirements specified in this section.

K.

Structures Damaged by Fire or Other Natural Causes. Any structure damaged by fire or other natural causes shall be repaired or removed within one year of the cause of damage.

L.

Air-source heat pump compressors and other energy-saving mechanical equipment with a day-night twenty-four-hour average noise level of 55 dB(A) or less may fully encroach into a required setback, provided that if any portion of the heat pump compressor is located within the setback, the heat pump compressor may not be located more than five feet from the exterior wall of the primary structure.

(Prior code § 145-23

( Ord. of 7-19-22 )

All buildings and uses hereinafter erected shall conform to the requirements of the table set out in the Appendix following this chapter, entitled the "Table of Dimensional Regulations," which is declared to be a part of this chapter.

(Prior code § 145-24 (part))

Appendix to

Chapter 17.16

Table of Dimensional Regulations

(Minimum requirements in feet, unless otherwise indicated)

Notes:

¹  For lots subdivided after July 1, 1982. For preexisting lots, see Section 17.16.020(J).

²  Or one-fourth depth of lot, whichever is less.

³  Or one-fifth depth of lot, whichever is less.

⁴  See Section 17.16.020(H) for detailed requirements for multifamily dwellings.

⁵  Four stories without basement or cellar.

⁶  All buildings that front on Pond Street shall be set back one foot for every one foot of building height, but not less than fifty (50) feet.

⁷  Six thousand five hundred (6,500) square feet for a mixed-use development.

⁸  Thirty (30) feet for a dwelling.

⁹  One hundred (100) feet adjacent to a zoning district other than light manufacturing.

¹⁰  No side yard requirement for a commercial or mixed use structure, except for a commercial lot abutting a residential district.

¹¹  Fifteen (15) feet for dwellings.

¹²  May be reduced to ten feet, subject to site plan review, unless abutting a residential district.

¹³  Two and one-half stories or thirty-five (35) feet, whichever is less.

¹⁴  Two and one-half stories/thirty-five (35) ft. adjacent to a residential district; four stories/forty-eight (48) ft. otherwise.

¹⁵  For lots greater than one hundred thousand (100,000) square feet in area that are adjacent to a residential district, footnote 14 shall not apply and the maximum height shall be thirty-five (35) feet at the minimum setback and may increase one additional foot up to a maximum height of forty-eight (48) feet. Where the height maximum allowed is less than forty-eight (48) feet, the maximum number of stories shall be three.

¹⁶  hg;Along Waldemar Avenue and Wheelock Streets, front yard setback to be minimum ten feet.

(Prior code § 145-24 (part))

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