HomeMy WebLinkAbout2020_zoning_booklet_final__0Zoning Bylaw
Chapter 135 of the Code
Of the
Town of Lexington
Incorporating Amendments
through Annual Town
Meeting 2021
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Table of Contents
Chapter 135 Zoning Bylaw of the Town of Lexington 3
Section 135-1.0 Purpose and Authority 4
Section 135-2.0 Districts 5
Section 135-3.0 Use Regulations 8
Section 135-4.0 Dimentional Controls 11
Section 135-5.0 General Regulations 17
Section 135-6.0 Special Regulations 49
Section 135-7.0 Special District Regulations 74
Section 135-8.0 Nonconforming Uses and Structures 82
Section 135-9.0 Administration and Procedures 86
Section 135-10.0 Definitions 95
Attachments 120
Attachment 1: Table 1, Permitted Uses and Development Standards 121
Attachment 2: Table 2, Schedule of Dimensional Controls 134
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Chapter 135
Zoning Bylaw of the Town of Lexington
[HISTORY: Adopted by the Special Town Meeting of the Town of Lexington 6-4-1968
by Art. 10; amended in its entirety by the Annual Town Meeting 3-20-2013 by Art. 34.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Board of Appeals — see Chapters. 12 and 138.
Housing conversion — see Chapter. 63.
Wetland protection — see Chapter. 130.
Planning Board Zoning regulations — see Chapter 176.
Planning Board Subdivision Regulations — see Chapter 175.
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SECTION 135-1.0
PURPOSE AND AUTHORITY
1.1 TITLE.
This bylaw is entitled the "Zoning Bylaw of the Town of Lexington, Massachusetts."
1.1.1 Continuity of Bylaw. This bylaw is a reenactment and continuance of the
provisions of the bylaw in effect when it was adopted, except as it contains changes
in wording or arrangement which constitute changes in meaning.
1.1.2 Headings. Headings, subheadings, and captions are for reference only and are
not substantive provisions of this bylaw. They are not legally adopted parts of this
bylaw as voted by Town Meeting.
1.2 PURPOSE.
This bylaw has been adopted to govern uses of land; the size, height, bulk, location and
use of structures, buildings and signs; and for all of the other purposes set forth in, but
not limited by, Section 2A of Chapter 808 of the Acts of 1975.
1.3 AUTHORITY.
This bylaw is enacted under the authority of MGL c. 40A, as amended, and by the Home
Rule Amendment, Article 89 of the Amendments to the Constitution of the
Commonwealth of Massachusetts.
1.4 APPLICABILITY.
The use, construction, repair, alteration, height, location, percentage of site coverage of
buildings and structures, and land in the Town of Lexington are regulated as described in
this bylaw. No building, structure, or land may be used or occupied and no building,
structure, or part thereof, may be erected, constructed, reconstructed, moved, or
structurally altered unless in conformity with the regulations of this bylaw.
1.5 AMENDMENTS.
Amendments to this bylaw must be made in conformance with MGL c. 40A, § 5.
1.6 SEVERABILITY.
The invalidity of any section or provision of this bylaw does not invalidate any other
section or provision of it.
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SECTION 135-2.0
DISTRICTS
2.1 ESTABLISHMENT.
In order to carry out the purposes of this bylaw, the Town of Lexington is divided into
zoning districts. Each zoning district is subject to both specific regulations for that
district and general regulations applicable to all districts.
2.2 CLASSES OF DISTRICTS. [Amended 3-23-2016 ATM by Art. 38; 4-25-2016 ATM by Art.
44]
2.2.1 Governmental-Civic Use Districts
GC Government Civic Use
2.2.2 Residential Districts.
RO One Family Dwelling
RS One Family Dwelling
RT Two Family Dwelling
2.2.3 Commercial Districts. [Amended 3-28-2018 ATM by Art. 38]
CN Neighborhood Business
CRS Retail Shopping
CS Service Business
CB Central Business
CLO Local Office
CRP Regional Office
CM Manufacturing
CSX Commercial Service Expanded
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2.2.4 Planned Development Districts
RD Planned Residential Development
CD Planned Commercial
Development
PD Planned Development
2.2.5 Overlay Districts
NFI National Flood Insurance
TMO Transportation Management
Overlay
2.2.6 Use of Symbols. Each zoning district may be designated in this bylaw or on the
Zoning Map by its symbol.
2.3 ZONING MAP.
2.3.1 General. Zoning districts are shown on a map entitled "Zoning Map of the Town
of Lexington" (the Zoning Map) prepared by the Planning Board and on file in the
offices of the Town Clerk and the Planning Board. The district boundaries shown on
the Zoning Map are part of this bylaw. Changes to the Zoning District boundaries
are made the same way as amendments to the text of the Zoning Bylaw are made.
The Zoning Map may include geographical features, streets, notations, and such
other information to keep the map current and to facilitate orientation.
2.3.2 Rules for Interpretation of District Boundaries. The boundaries between zoning
districts are shown on the Zoning Map. If there is any difference between the
boundary of a zoning district as shown on the Zoning Map and the perimeter
description in the vote of the Town Meeting establishing or amending said
boundary, the vote of the Town Meeting governs. In the case of uncertainty
regarding a district boundary voted by Town Meeting, the following rules apply:
1. Where the district boundary is indicated as a street, highway, railroad right-of-
way, or utility easement, the boundary is the center line of the street, highway,
railroad right-of-way, or utility easement.
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2. Where the district boundary is parallel to a street, highway, railroad right-of-way,
or utility easement, the boundary is parallel to it and, unless otherwise shown, 100
feet from its center line.
3. Where the district boundary is shown as following a watercourse, the boundary
coincides with its center line.
4. Where the district boundary is shown as following the shoreline of a body of
water, or of a contour line, the boundary is the elevation above the datum mean
sea level of such body of water, or contour.
5. Where the district boundary is shown as the extension of another district
boundary line, the boundary is its straight-line extension.
6. If not resolved by the subsections above, the locations of the district boundaries
are to be determined by the distances, if given, from other lines or features on the
Zoning Map, or, if distances are not given, then by the scale of the Zoning Map.
7. If, after the application of the rules in the subsections above, uncertainty still
exists with respect to the boundaries of a district, the Building Commissioner shall
make a determination after seeking the advice of the Planning Board.
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SECTION 135-3.0
USE REGULATIONS
3.1 PRINCIPAL USES.
3.1.1 General. No land may be used, and no structure erected or used except in
compliance with the provisions of this bylaw as set forth in Table 1, Permitted Uses
and Development Standards, or as permitted elsewhere in this bylaw. Uses not
listed in Table 1 are prohibited. More than one principal use is allowed on a lot if
each principal use is permitted by Table 1 and the sum of the principal uses
complies with the other requirements of this bylaw.
3.1.2 Overlay Districts. The use of land in overlay zoning districts is subject to the
regulations of the base zoning district and the additional requirements of the
overlay district, as described in § 135-7.0.
3.1.3 Planned Commercial and Planned Residential Districts. Planned Development
Districts are subject to the preliminary site development and use plan approved by
Town Meeting, as provided in § 7.3.
3.1.4 More Than One Classification. Where a use, structure, development, or activity
may be classified under more than one of the uses in Table 1, the more specific
classification applies. If equally specific, the more restrictive classification is used.
3.1.5 Compliance with Development and Operating Standards. In several sections of
Table 1, there are also development and operating standards for the permitted
uses. A use, building, activity, or development must comply with all applicable
standards. Failure to comply with any one of the standards will be the basis for
denial of a building permit or certificate of occupancy. Failure to continue to
comply with any of the standards will be the basis for revocation of the certificate
of occupancy.
3.1.6 Services in Center Storefronts. [Added 3-25-2015 ATM by Art. 53; amended 4-11-2016
ATM by Art. 43; amended 11-19-2020-2 STM by Art. 12]
1. Purpose. Lexington Center is a place in which shops, workplaces, schools,
historic attractions, housing, open space, and civic facilities intimately co-exist to
create an active retail and cultural destination with an identifiable sense of place.
It is in the public interest that the Town protect and enhance the vibrancy of the
Central Business District by creating a supportive environment for a diverse group
of uses throughout the Center, and regulating the use of the limited first floor
storefront area and frontage of the Central Business District is necessary to
achieve this goal.
2. Special Permit Review Criteria. In addition to the criteria detailed in §135-9.4.2,
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as a precondition to allowing the establishment, relocation, or expansion of a
banking or real estate service use (Line H.1.05 and Line H.1.04 respectively in the
Table of Uses) in a center storefront, the SPGA must also find that the applicant
has satisfied the specific criteria listed below:
a. The granting of the special permit will advance the goals expressed in
§3.1.6.1 above;
b. The proposed use in the proposed location is in the public interest;
c. The proposed use will not create an undue concentration of these uses in
the immediate area;
d. The proposed use will maintain hours and days of operation and an active
storefront consistent with other retail uses in the Central Business District;
e. The proposed length of the storefront will not exceed the average length
of other center storefronts;
f. The proposed first floor square footage will not exceed the average size of
other center storefronts; and
g. As part of providing a visually engaging storefront, the interior area of the
property adjacent to the storefront must be a space dedicated for patrons
and shall not be used for office, cubicle, conference, or storage areas.
3. The SPGA may waive strict compliance with criteria 2(e) and 2(f) above, where
such action is in the public interest and consistent with the intent and purpose of
this bylaw.
3.2 ACCESSORY USES. [Amended 11-19-2020-2 STM by Art. 13]
3.2.1 General. Any use or structure not listed as an accessory use in Table 1 is
permitted as an accessory use provided it is a use or structure that is customary
and incidental to a principal use or structure permitted by Table 1, conforms to all
other provisions of this bylaw, and complies with all other Town bylaws or General
Laws.
3.2.2 Limit on Size of Accessory Uses. An accessory use may not occupy more than
25% of the area of a lot or more than 25% of the gross floor area on a lot. This
limitation does not apply to off-street parking, Solar Energy Systems, or to
accessory apartments.
3.3 TEMPORARY USES.
3.3.1 General. A building permit, certificate of occupancy, or a special permit may be
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granted for a temporary use or structure, for a specific period, where authorized by
this bylaw.
3.3.2 Time Periods for Temporary Uses. The maximum time for temporary uses or
structures permitted by right is two years. The maximum time for temporary uses
or structures permitted by a finding of the Building Commissioner is three months.
The maximum time for temporary uses or structures for which a special permit is
required is two years. Temporary uses or structures may be, by finding of the SPGA,
extended one additional year. A temporary use may be recurrent provided it is for
a time of not more than one month and the time between the issuance of permit
for a recurrent temporary uses is at least two months.
3.3.3 Relaxation of Dimensional and Other Standards. Permits for temporary uses or
structures may authorize the temporary relaxation of the dimensional standards of
Table 2 where it can be demonstrated it is not feasible or practical to comply with
those standards.
3.4 TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS.
Editor's Note: Table 1 is included as an attachment to this chapter.
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SECTION 135-4.0
DIMENSIONAL CONTROLS
4.1 GENERAL STANDARDS.
4.1.1 Applicability. Each use, building, or structure must comply with the standards
described in Table 2, Schedule of Dimensional Controls, except where provided
otherwise by this bylaw.
Editor's Note: Table 2 is included as an attachment to this chapter.
4.1.2 Lots in More Than One District. When a lot is divided by a district line and
proposed to be used for a building or use that is not permitted by right in both
districts (in Lexington or not), such building or use must comply with the
dimensional standards of § 135-4.0, as if the district boundary line were a lot line.
4.1.3 Lots Located in More than One Municipality. When a lot is partially in the Town
of Lexington and partially in an adjacent municipality, the provisions of this bylaw
are applied to the part of the lot in Lexington as if the entire lot were in Lexington.
4.1.4 One Dwelling Per Lot. More than one dwelling on a lot is prohibited, unless
specifically authorized by other provisions of this bylaw.
4.2 DIMENSIONAL REGULATIONS.
4.2.1 Change in Lot That Results in Noncompliance. No conforming lot may be changed
to make it nonconforming.
4.2.2 Lot Regularity. No structure may be erected on any lot that does not have an
area in which a circle, the diameter of which is 80% of the minimum lot frontage,
tangent to the lot frontage and within all other lot lines, may be located.
4.2.3 Developable Site Area. No dwelling may be erected on any lot that does not
contain a contiguous developable site area that is at least 90% of the minimum lot
area for the district in which the lot is located.
4.2.4 Lot Frontage.
1. Minimum Lot Frontage Required. Every lot must have at least the minimum
frontage set forth in Table 2 for the district in which the lot is located on a street, as
defined in the Zoning Bylaw. Frontage on unaccepted ways in existence prior to the
adoption of the subdivision control law must receive a favorable determination
from the Planning Board. Ways laid out, but not constructed, may not be used as
frontage.
2. Designation of Frontage Street. When a lot is bounded by more than one street,
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any one of them, but only one, must be designated as the frontage street, provided
the street meets the requirements for minimum lot frontage described in this
bylaw. In the case of a lot bounded by two streets forming an interior angle of
more than 135°, their combined frontage may be used to satisfy the lot frontage
requirement.
3. Measurement of Lot Frontage. Frontage is measured in a continuous line along
the sideline of the street right-of-way between the points of intersection of the
side lot lines with the street right-of-way line. The measurement of lot frontage
excludes jogs in the street width, backup strips and other irregularities in the street
line. In the case of a corner lot, the owner may extend to the midpoint of the curve
connecting street lines, instead of to their intersection.
4. Access. An owner must provide a means of access for vehicles from the frontage
street to a principal building for emergency services, for deliveries, and for off-
street parking. Alternatively, the owner may provide the access from another
street provided it can be demonstrated that it is both physically and legally possible
to provide access from the designated frontage street.
5. Frontage Reduction on Curves. Where more than half of the lot frontage is on a
circular turnaround, or on a curve of less than one-hundred-foot radius, frontage
may be reduced to not less than 60% of the distance required in Table 2 if the
distance between the side lot lines, measured along the arc parallel to the street
line at the same distance from the street line as the front yard setback required by
Table 2, is not less than the minimum lot frontage required by Table 2.
6. Frontage on Turnaround in CRO Districts. In CRO Districts where a lot abuts on a
dead-end turnaround part of a street and also abuts on such street before the
turnaround, the frontage may be measured in part along the street line before the
turnaround and in part along a projection of the course of such street line through
and beyond the turnaround, provided that the lot has frontage of not less than 60
feet on the street, including such turnaround.
4.2.5 Structures Below Ground. Where the upper elevation of a structure or building is
below the elevation of the natural grade, and such structure is covered by earth to
a depth sufficient to support vegetation, such structure may be located in a
required front, side or rear yard, but no closer than five feet to a lot line. Open
grates or small ventilation shafts servicing the part of the structure below ground
may be located in the required yard.
4.2.6 Accessory Buildings in Setbacks. One accessory building, including tool or
storage sheds for household equipment or other similar accessory use, but, for the
purposes of this section, not including garages or chicken coops, may be located in
a side or rear yard, but no closer than five feet to a lot line, provided that the
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accessory building covers less than 150 square feet and that neither the height nor
the length of such accessory building is greater than 12 feet. [Added 3-22-2021 ATM by
Art. 41]
4.3 HEIGHT REGULATIONS. [Amended 11-19-2020-2 STM by Art. 13]
4.3.1 Structures Other than Buildings. The maximum height, in feet, for structures
other than buildings may not exceed the maximum height for buildings as set forth
in Table 2. Structures other than buildings may be located in a required front, rear
or side yard provided the height of the structure is not greater than its horizontal
distance from the lot line, except that:
1. A fence or wall not greater than six feet in height (except that a supporting post
may be not more than six feet, six inches in height) may be located on or closer to a
lot line than six feet; and
2. A sign, permitted under § 5.2, may be located in a front yard.
3. A Solar Energy System may be located over any paved parking lot.
4.3.2 Structures on a Building. Structures erected on a building and not used for
human occupancy may exceed the maximum height of a building in feet provided
no part of the structure is more than 20 feet higher than the upper elevation of the
building and the total horizontal coverage of such structures on the building, other
than Solar Energy Systems, does not exceed 25%.
4.3.3 Calculating Height for Segmented Buildings. Where a building is on a sloping site
or has some stories that do not extend for the full building coverage, the height in
feet and number of stories of the several elements of the building may be
computed separately provided that neither the maximum height in feet nor the
number of stories in any one element exceeds that permitted by Table 2.
4.3.4 Special Permit. The SPGA may grant a special permit for structures, but not
buildings, to exceed the maximum height in feet otherwise allowed by § 4.3, or the
percentage of horizontal coverage of structures erected on a building specified
above, provided it makes a determination that the structure is compatible with the
scale of the neighborhood and does not intrude on the solar access of any
adjoining lot.
4.3.5 Height of Dwellings Near Lot Lines. The height of a one-family or two-family
dwelling may not exceed the maximum height from Table 2 or 20 feet plus 4/3
times the smallest distance from the dwelling to a lot line, whichever is less. [Added
3-30-2016 ATM by Art. 39]
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4.4 RESIDENTIAL GROSS FLOOR AREA. [Added 3-30-2016 ATM by Art. 41]
4.4.1 Purpose. Lexington seeks to have a socially and economically diverse community,
both over the whole of the community and within its neighborhoods. In support of
that fundamental social goal, a basic housing goal is to provide housing
opportunities supportive of the population diversity we seek. The Town encourages
small- and medium-sized housing stock, in the interest of providing diverse housing
sizes throughout the Town, § 4.4 limits the massing of buildings, which may impact
owners of abutting properties, the streetscape, landscape, and the character of the
neighborhood and Town.
4.4.2 Maximum Allowable Residential Gross Floor Area Table. The total gross floor
area of all buildings on a lot containing a one-family or two-family dwelling may not
exceed the amount listed in the table below based on lot area.
Lot Area
(in square feet)
Maximum Gross Floor Area
(in square feet)
0 to 5,000 0.8 * Lot Area
5,000 to 7,500 4,000 + 0.55 * (Lot Area - 5,000)
7,500 to 10,000 5,375 + 0.23 * (Lot Area - 7,500)
10,000 to
15,000
5,950 + 0.2 * (Lot Area - 10,000)
15,000 to
30,000
6,950 + 0.16 * (Lot Area - 15,000)
More than
30,000
9,350 + 0.16 * (Lot Area - 30,000)
4.4.3 Special Permit. Pursuant to §9.4, the SPGA may grant a special permit for a
building to exceed the maximum gross floor area otherwise allowed by §4.4
provided that the SPGA finds that the desired relief may be granted without
substantial detriment to the neighborhood and without derogating from the intent
and purpose of this bylaw including Town policy documents that define housing
goals. In addition to the criteria in §9.4.2, the SPGA shall find that:
a. The project is compatible with the scale of the neighborhood;
b. The massing of the project does not adversely impact the solar access
of adjoining lots;
c. Noise generated by fixed plant equipment, such as, but not limited to,
air conditioners, pumps, fans, and furnaces, does not adversely impact
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adjoining lots; and
d. The project design addresses specific neighborhood and Town
concerns.
4.5 DISTANCE FROM BASEMENT, SLAB OR CRAWL SPACE AND GROUNDWATER.
[Added 10-14-2020 STM by Art. 9]
4.5.1 Purpose. The purposes of this section are to preserve and protect groundwater;
to maintain and enhance the public safety, environment, health, and general
welfare by establishing minimum requirements; and to establish procedures to
control the adverse effects of building basement floors nearer than two (2) feet
from the Estimated Seasonal High Groundwater Table (ESHGWT), including
basement flooding, pumping and discharge of groundwater to neighboring
properties, discharging groundwater to the public way, and illicit connections to
the Town’s sewer and stormwater connections.
4.5.2 Definitions. Estimated Seasonal High Groundwater Table (ESHGWT): The
estimated highest level to a zone of saturation in the soil in most years under
normal wet season, as determined by a registered professional engineer, a
qualified soil scientist or licensed soil evaluator.
4.5.3 Applicability.
The requirement of this Section 4.5 shall apply to:
1. A new dwelling; or
2. Additions to an existing dwelling that increases a building footprint by more than
1,000 square feet.
4.5.4 Conditions and Requirements. The vertical distance between the finished
basement floor of any dwelling shall not be less than two (2) feet above the
ESHGWT. Permission for a vertical distance less than two (2) feet above the
ESHGWT may be granted if the applicant provides sufficient evidence that a
proposed lesser vertical distance will not impact the structure being proposed in a
manner contrary to the purposes of this Section 4.5, any other structures or
constructed facilities, or the functions of the natural groundwater system (such as
base flow maintenance) and if all of the following conditions are met:
1. Detailed engineering plans, certified by a Registered Professional Engineer
showing a foundation and perimeter drain management system and roof
stormwater management system(s) that will mitigate and control groundwater
discharge and stormwater runoff, are provided;
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2. The provided foundation and perimeter drain discharge management system
and roof stormwater management system plans have been reviewed by the
Building, Conservation, Health and Engineering Departments and comments
adequately addressed;
3. Roof drains and downspouts connect to a stormwater management system
designed by a Registered Professional Engineer; and
4. The applicant has agreed to pay the fee for consulting services to perform
engineering review pursuant to the provisions of MGL Chapter 44, Section 53G.
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SECTION 135-5.0
GENERAL REGULATIONS
5.1 OFF-STREET PARKING AND LOADING. [Amended 3-27-2017 ATM by Art. 41]
5.1.1 Purpose. The purpose of this section is to ensure that any use of land involving
the arrival, departure, or storage of motor vehicles, and all structures and uses
requiring the delivery or shipment of goods, be designed and operated to:
1. Promote traffic safety by assuring adequate places for storing of motor vehicles
off the street, and for their orderly access and egress to and from the public street;
2. Increase the traffic-carrying capacity of streets and highways in the Town and
obtain a more efficient utilization of on-street curbside parking;
3. Reduce hazards to pedestrians upon public sidewalks;
4. Protect adjoining lots and the general public from nuisances and hazards such as:
(i) Noise, glare of headlights, dust and fumes resulting from the operation of motor
vehicles; (ii) Glare and heat from parking lots; (iii) A lack of visual relief from
expanses of paving; and (iv) Accelerated runoff of surface water from land covered
by impervious materials.
5.1.2 Applicability. No building permit or certificate of occupancy may be issued for
the erection of a new building, the enlargement or increase in the net floor area of
an existing building, the development of a use not located in a building, or the
change from one type of use to another which has a different parking or loading
requirement as set forth in the parking and loading tables, unless off-street parking
spaces and loading bays are provided in accordance with this section.
5.1.3 Parking and Loading Plan Required. Each application for a building permit, special
permit, certificate of occupancy, or petition for a variance must be accompanied by
an off-street parking and loading plan. Such plan must contain the information
required in the permitting authority's rules and regulations. Where necessary, the
permit authority may require that the owner or operator of a use, building, or
establishment furnish a statement as to the number of employees working at the
lot or establishment, or the number of motor vehicle trips (by type of motor
vehicle) that are made to and from the use, building or establishment.
5.1.4 Table of Parking Requirements. The minimum number of parking spaces
indicated for the corresponding types of uses must be provided in all zoning
districts, except as otherwise indicated. The symbols under the column "Parking
Factor" mean: SF: square feet of net floor area.
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Type of Use Parking Factor
Residential Uses
Dwelling unit in a one-family dwelling 2 per dwelling unit
Dwelling unit, not in a one-family dwelling 1.5 per dwelling unit for units
with 2 or fewer bedrooms, 2
per dwelling unit for units
with more than 2 bedrooms
Accessory apartment, rooming unit, bed-and-
breakfast unit
1 per apartment or unit
Publicly assisted housing for the elderly 0.5 per dwelling unit
Congregate living facility, independent living
residence
0.75 per bedroom
Assisted living residence, group care facility, long-
term care facility
0.4 per living unit
Rooming house, group quarters 0.5 per bed
Institutional, Educational and Recreational Uses
Elementary, secondary schools 2 per classroom
College, technical school As needed
Day-care center, school age child care program,
nursery school, kindergarten
1 per 500 SF
Church, temple, auditorium, club, lodge,
community service center
1 per each 6 seats in the largest
assembly area
Gymnasium, stadium, field house 1 per each 6 seats
Library, art gallery, museum and other non-
recreational public facilities
1 per 600 SF
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Type of Use Parking Factor
Parks, athletic fields, tennis and pool facilities, golf
courses, recreation centers, other institutional
uses
As needed
Indoor athletic and exercise facilities, weight
reduction salon
6 per 1,000 SF
Agricultural Uses
Greenhouses, nursery, roadside stand 1 per 1,000 SF of display area
whether indoors or outdoors
Office Uses
Office uses 1 per 250 SF;
1 per 333 SF in CB
Medical office, medical clinic 1 per 250 SF;
1 per 200 SF in CB
Retail Business
Personal services, business services, retail Sales
and rental sales
1 per 250 SF;
1 per 325 SF in CB
On street level floors:
1 per 500 SF;
1 per 600 SF in CB
In a basement:
1 per 300 SF;
1 per 400 SF in CB
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Type of Use Parking Factor
Private postal services 1 per 200 SF or 1 per 50
mailboxes, whichever is greater
Other Commercial Uses
Funeral parlor 1 per 4 seats in the largest
assembly area
Motor vehicle related sales and service uses 2 per bay, work station or pump
island
Eating Establishments
Restaurant, fast-food, and other eating
establishments not otherwise classified
1 per 3 seats, or 1 per 150 SF,
whichever is greater;
1 per 5 seats, or 1 per 200 SF,
whichever is greater in CB
Takeout food service 1 per employee plus 1 per 5
linear feet of counter space;
1 per 2 employees plus 1 per 7
linear feet of counter space in CB
Amusement and Recreational Uses
Theater 1 per 6 seats
Commercial amusements 1 per employee plus 1 per
alley, machine;
1 per employee plus 1 per 2
alleys, machines in CB
Transient Accommodations
Hotel, motel 1 per guest room
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Type of Use Parking Factor
Convention center 1 per 4 seats in the largest
assembly area
Manufacturing and Research Laboratory Uses 1 per 500 SF
Construction, Storage, Distribution, and
Industrial Service Uses
1 per 1,000 SF
All Other Permitted Uses As needed, usually 1 per
employee
5.1.5 Table of Loading Requirements. The minimum number of off-street loading bays
indicated for the corresponding types of uses must be provided in all zoning
districts, except as otherwise indicated. The symbols under the column "Loading
Factor" shall mean: SF: square feet of net floor area.
Type of Use Loading Factor
Long-term care facility, group
care facility
1 per 100 beds
School, college, church, club,
library, gallery
1 per first 25,000 SF, 1 per each additional
72,000 SF
Office uses Less than 10,000 SF
10,000-150,000 SF
150,001-300,000 SF
More than 300,000
SF
0
1
2
3
Retail, shopping centers,
business service uses, personal
uses
15,000-50,000 SF
50,000-150,000 SF
150,000-300,000 SF
1
2
3
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More than 300,000
SF
4
Manufacturing research,
construction, storage,
distribution and industrial
service uses, research and
development, light
manufacturing
Less than 150,000 SF
150,001-300,000 SF
More than 300,000
SF
1
3
4
All other permitted uses As needed
5.1.6 Rules for Interpretation of the Parking and Loading Tables.
1. Where the number of spaces is expressed as a ratio to dwelling units, floor area,
beds, employees, etc., any fraction thereof shall require one parking space, but
after the first such parking space or loading bay, only a fraction of 1/2 or greater
shall require an additional space or bay.
2. Where the requirement is stated "as needed," the applicant for a permit shall
estimate the number of parking spaces or loading bays required to serve the use
and shall provide such number; the permitting authority shall verify that the
number is adequate and shall, if necessary, order that additional spaces or bays be
provided.
3. To simplify the determination of net floor area, 80% of the gross floor area may
be used.
4. Where off-street parking or loading serves two or more activities that are
different types of uses, including two or more activities that are part of the same
principal use, the number of spaces or bays provided shall be the sum of the
requirements for the various individual uses including any fractional number.
5. Where the requirement is based on the number of employees, the number of
spaces shall be based on the number of employees in the peak period, which shall
be at least three hours per day for at least three days per week.
6. Where places of assembly are provided with benches rather than individual
seats, each two linear feet of bench shall equal one seat, and where no fixed seats
or benches are used, each 20 square feet of floor area in the largest assembly area
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shall equal one seat.
7. Where uses are not enclosed in a structure, each square foot of lot devoted to
such use shall be considered equivalent to 1/5 of a square foot of net floor area.
8. In the case where the Select Board authorizes the placement of temporary seats
within the right-of-way of public streets, such seats may not be counted toward the
off-street parking or loading requirements, as long as they are seasonal and
temporary.
9. Required off-street parking spaces or loading bays which, after development, are
later dedicated to and accepted by the Town and are maintained by the Town for
off-street parking or loading purposes shall be deemed to continue to serve the
uses or structures for which they were originally provided.
5.1.7 Preferential Rideshare Parking. To encourage the use of high-occupancy vehicles,
office, manufacturing, research, or laboratory uses of more than 50,000 square feet
of gross floor area, as defined in the parking and loading tables above, must
provide preferential rideshare parking spaces in compliance with the following
standards: [Amended 3-31-2021 ATM by Art. 44]
1. One carpool or vanpool parking space must be provided for every 50 motor
vehicle parking spaces, with a minimum of two spaces.
2. Rideshare parking spaces may be provided by converting a parking space
required by the parking table.
3. Carpool and vanpool spaces must be signed and striped, and be located near the
primary entrance(s) of the building without displacing any handicapped parking.
5.1.8 Bicycle Parking Facilities. [Amended 3-31-2021 ATM by Art. 44]
1. Required spaces. In an office, manufacturing, research or laboratory use as
defined in the Table of Parking Requirements, a minimum of two bicycle parking
spaces shall be provided, and one additional bicycle parking space shall be provided
for each 15 motor vehicle parking spaces.
2. Placement and access. Bicycle parking shall be located near the primary
entrance(s) of the building. Half of the bicycle parking spaces shall be provided as
long-term parking, safe and secure from vandalism and theft and protected from
the elements. The other half shall be provided as short-term (customer or visitor)
parking, and short-term parking spaces shall be visible and convenient to the
building entrance. Bicycle parking apparatus shall not be installed in a manner that
will cause obstruction of pedestrian or motor vehicle traffic. Bicycle parking shall be
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situated in such a way that normal snow removal activities and snow storage do
not impact the bicycle parking facility.
3. Dimensional Regulation. Each bicycle parking space shall be sufficient to
accommodate a bicycle six feet in length and two feet in width.
4. Design. Bicycle parking apparatus shall be of a high-security design to which the
frame and wheel of a parked bicycle may be attached; installed in a visible location
to deter vandalism and theft; and permanently mounted to the ground or to a
building or other immovable structure. Inverted-U-frame or other racks that
support the bicycle at two or more points above the center of gravity are required.
5.1.9 Location of Off-Street Parking Spaces and Loading Bays, as follows: [Amended 3-31-
2021 ATM by Art. 44]
1. Except for accessible parking, required off-street parking spaces shall be
provided on the same lot as, and loading bays shall be provided next to or within
the principal or accessory use they are required to serve.
2. Except as provided below, required off-street parking spaces serving a use on a
lot may be provided on a different lot, provided that:
a. the off-street parking space is dedicated to serve the use pursuant to a legal
agreement in a form acceptable to the Town; and
b. the parking space is either within 1,200 feet of the lot containing the use; or
public transportation, shuttle, car sharing, or non-motorized transportation
service is available between the off-street parking space and the use during
business hours.
3. No area may be utilized and counted as both a required parking space and a
required loading bay. However, maneuvering aisles and driveways may serve both
required parking and loading bays if they meet the design standards of each.
Existing areas used for both parking and loading shall be counted for loading
purposes.
4. Required off-street parking spaces or loading bays may be wholly or partly
enclosed in a structure.
5. Off-street parking spaces required for two or more buildings, uses, or
establishments on a single lot may be provided in a common lot.
6. Loading bays shall be located at the side or rear of a building.
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7. Off-street surface parking spaces shown on the parking and loading plan may,
with the permission of the SPGA or Building Commissioner, be constructed
following issuance of a certificate of occupancy.
5.1.10 Driveways. [Amended 3-23-2016 ATM by Art. 38]
1. Each parking space and loading bay shall be connected by a driveway to a street
or to an interior drive that leads to a street.
2. The number of driveways permitting entrance to and exit from a lot shall be
limited to two per street line. Driveways shall be located to minimize conflict with
traffic on public streets and where good visibility and sight distances are available
to observe approaching pedestrian and vehicular traffic.
3. No private way or driveway shall be built through a district in which the use
served by the private way or driveway is not permitted except that access through
a GC district to any other district is permitted.
4. The maximum grade of any outdoor driveway is 12%.
5.1.11 Minimum Yards for Parking. [Amended 3-28-2018 ATM by Art. 38]
1. Each parking space or driveway serving a one-family or two-family dwelling shall
be set back five feet from any side lot line and rear lot line and shall be designated
on a plan.
2. No parking is permitted in the front yard other than in a designated parking
space or driveway.
3. For all uses other than a one-family or a two-family dwelling, all paved parts of
all parking spaces, driveways and maneuvering aisles shall be set back from any
wall of a principal building and from any lot line or zoning boundary line as
indicated in the following table except for: [Amended 3-23-2016 ATM by Art. 38; 3-28-
2018 ATM by Art. 38]
a. Not more than two driveways between the street line and its corresponding
setback line; or
b. A parking space located within a structure otherwise permitted in such area:
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District Residential
District Line
(feet)
Street Line
(feet)
All Other
Lot Lines
(feet)
Wall of a
Principal
Building
(feet)
RS, RO, RT N/A 25 5 5
RD N/A 25 8 5
CRO, CLO 50* 50 10 5
CM 50* 25 N/A 5
CRS, CS, CB,
CN
20* 10 N/A 5
GC 0 25 5 5
CSX 20* 10 N/A 5
NOTES:
* No requirement where the residential district line is coterminous with the
line of the right-of-way now or formerly of the Boston and Maine Railroad
or the right-of-way of State Route 2 or 128.
** Note: Screening is required adjacent to the paved area but not in the
required snow storage area and not between a paved area and a building.
4. No loading bay may be located in that half of the minimum required setback
nearest to the street line or lot line of a minimum yard required by § 135-4.0;
maneuvering space for such bay may be as close to a street line or lot line as may
be permitted by § 5.1.11.3.
5. No parking space or loading bay, whether required or otherwise provided, shall
be located, wholly or partly, within the right-of-way of a street.
6. All access to parking shall be by driveways meeting the requirements of this
section; curbs, wheel stops, screening or similar barriers must be installed to
prevent vehicles from being parked or driven within required setback areas.
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5.1.12 Screening for Parking.
1. In all residential districts, or on a lot in any other district which abuts or is across
the street from a lot in a residential district, any outdoor parking lot, all loading
bays, maneuvering aisles and driveways shall be screened in a manner to protect
abutting lots from the glare of headlights, noise and other nuisance factors.
2. Any parking lot, which is a principal use, must be screened along driveways and
around the entire perimeter of the parking lot. The entrance to driveways, to the
extent practicable, shall be located on the side near nonresidential districts or on
streets or highways leading to nonresidential areas.
3. Screening shall consist of:
a. A strip of land 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
b. A wall, barrier, or fence of uniform appearance at least five feet high above
finished grade. Such wall, barrier or fence may be opaque or perforated,
provided that not more than 50% of the face is open.
4. Such screening shall be maintained in good condition at all times. Such screening
or barrier may be interrupted by entrances or exits and shall have no signs
attached thereto other than those permitted in the district.
5.1.13 Design Standards. The following standards apply: [Amended 3-31-2021 ATM by Art.
44]
1. Dimensions.
a. Parking spaces and maneuvering aisles shall have the minimum dimensions
set forth in the following table and elsewhere in this subsection:
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Angle of
Parking
Width of
Parking Space
Depth of
Parking
Space**
Width of
Maneuvering Aisle
Unit Parking
Depth
S C S C S C S C
61° to 90° 9* 8.5* 19 15 22 20 60 50
46° to 60° 9 8.5 19 15 16 15 56 48
45° 9 8.5 19 15 14 13 53 47
Parallel 8 8 22 18 12 12 n/a n/a
NOTES:
* Where one or both of the long sides of a parking space abut a wall or similar
obstruction, the width shall be 12 feet.
** Up to 2 feet of unpaved landscaped space may be included in the depth provided
there are no obstructions to the vehicle's overhang.
b. To count as a required parking space, a parallel parking space shall have
maneuvering space at least 20 feet deep in front of it in an aisle parallel to and
abutting such parking space.
c. Where columns of a building or structure are located in a parking lot (such
as a parking garage under a building) no part of a column may be within three
feet of a maneuvering aisle or within the minimum dimensions of a parking
space.
d. The width of a driveway for one-way use shall be a minimum of eight feet
and for two-way use shall be a minimum of 18 feet and a maximum of 30 feet,
as measured at the setback line.
e. Where access or egress is provided for a parking lot, or one or more loading
bays, such access or egress shall be so arranged to provide a circulation system
or maneuvering space on the lot so that all vehicles may exit from and enter
onto a public street by being driven in a forward direction and no vehicle shall
be required to enter or leave by backing and no vehicle shall have to stand
within a street right-of-way waiting to enter the lot.
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2. Number of compact car spaces. In parking lots containing more than 20 spaces,
not more than 33% of such spaces may be designed for use by compact cars. Such
compact car spaces shall be located in one or more continuous areas and shall not
be intermixed with spaces designed for standard cars and shall be clearly
designated by signs or pavement marking. In parking lots with 20 or fewer parking
spaces, spaces designed for use by compact cars are not permitted.
3. Loading bays. All required loading bays must have minimum dimensions as
follows: 30 feet long, 12 feet wide and 14 feet high. Each loading bay shall have a
maneuvering space equal to its length. Where the long portion of a loading bay
abuts a wall, column or other obstacle, or in other cases where the permitting
authority requests, evidence shall be provided that the loading bay and its
maneuvering space are adequate to accommodate large motor vehicles and
trailers.
4. Marking. In a parking lot or loading area, the surface of the parking lot or loading
area shall be painted, marked or otherwise delineated so that the location of the
parking spaces and loading bays is apparent, and signs shall be erected indicating
that loading bays, and, if necessary, compact or other reserved parking spaces, are
reserved for such use. Where 50% or more of the required parking spaces in a
parking lot are assigned, such as to individual employees or to dwelling units in a
dwelling, parking spaces for guests or visitors to the use or establishment, not to
exceed 10% of the required parking spaces, shall be located and designated as
visitor parking near the principal entrance to the building which they serve.
5. Availability. To ensure the availability and utilization of required parking spaces
and loading bays on a year-round basis:
a. Unless authorized by special permit or site plan approval, no fee or other
charge to the parker, in addition to a lease or purchase agreement applicable
to occupants generally, shall be made for a parking space or loading bay
required to serve a use, building, or establishment.
b. Each required off-street parking space and loading bay shall be designed so
that any motor vehicle may proceed to and from said space without requiring
the moving of any other vehicle or by passing over any other space or bay.
c. Parking spaces for vehicles larger than automobiles, such as large trucks or
buses, shall be specifically identified on the off-street parking and loading plan
and shall be of such dimension as to accommodate the specified type of
vehicle. Such vehicles shall be permitted to park only in the spaces so identified
and approved.
6. Snow storage. A strip of land not less than five feet in width shall be provided on
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at least two sides of a parking lot or loading area and designated on the off-
street parking and loading plan for the storage of snow plowed or removed from
the surface area of the parking lot or loading area; such snow storage area may
not encroach on the area required for off-street parking or loading but may be
located in the area of required setback from a lot line or building.
7. Surfacing and drainage.
a. All required parking spaces and loading bays, maneuvering aisles, and
driveways shall have a durable, dustless, all-weather surface suitable for year-
round use, such as asphalt or concrete, and shall dispose of surface water by
grading and drainage in such a manner that no surface water shall drain onto
any public way or onto any lot in other ownership.
b. It is the intent of this section that the paved surface of a parking lot or
loading area shall be limited to such areas as are necessary for the parking
spaces, loading bays, maneuvering aisles, and driveways required to meet the
provisions of this section. The off-street parking and loading plan required by
this section shall demonstrate that all paved areas associated with a parking
lot are necessary for the storing, standing, or maneuvering of vehicles; the
permitting authority may deny the request for a permit when more area is
paved than is necessary to comply with the provisions of this section.
8. Grade. The maximum grade of any required maneuvering aisle, parking space, or
loading bay shall be 10%.
9. Landscaping.
a. On at least three sides of the perimeter of an outdoor parking lot
containing 20 or more parking spaces, there must be at least one tree for
every eight parking spaces abutting the perimeter; such trees must be spaced
so that some part of a parking space is not more than 30 feet from a tree.
b. In the interior part of an outdoor parking lot where two rows of parking
spaces containing a total of 10 or more parking spaces face each other, a
landscaped open space not less than five feet in width must be provided. The
landscaped strip may be provided either:
i. Between the rows of parking spaces parallel to the aisle; or
ii. In two or more strips parallel to the spaces and extending from the
aisle serving one row of spaces to the aisle serving the other row of
spaces. There must be, in each such strip, at least three trees and in all
such strips not fewer than one tree for every eight parking spaces in the
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interior part of the parking lot. Trees must be spaced so that some part of
each parking space is not more than 30 feet from a tree.
c. Trees required by this section shall be at least three inches in diameter at a
height four feet above the ground at the time of planting. New trees shall be
native or hybrid native species. To the extent practicable, existing trees shall be
retained and used to satisfy this section.
10. Exception for one-family or two-family dwelling. The provisions of § 5.1.13 with
regard to backing into a public street, marking of pavement, moving of vehicles and
surfacing and drainage shall not apply where parking is provided for any one-family
or two-family dwelling.
11. Electric vehicle (EV) charging. A parking lot with twenty-five (25) or more newly
constructed off-street parking spaces shall include Level 2 (or higher) electric
vehicle (EV) charging stations in a minimum of four percent (4%) of the total off-
street parking spaces, but not more than the total of the newly constructed parking
spaces. In addition, the parking lot shall be constructed with appropriate conduits
and space for transformers and switchgear to allow for future installation of
electric vehicle (EV) charging stations for a minimum of fifty (50) percent of the
total off-street parking spaces, but not more than the total of the newly
constructed parking spaces.
12. Surface parking between a building (other than a parking structure) and a
public right-of-way to which the property has direct access is not permitted, except
if screened or required for accessible and temporary parking.
5.1.14 Special Permit. Where consistent with the objectives set forth in § 5.1.1, the
SPGA may grant a special permit modifying the requirements of § 5.1.
5.2 SIGNS.
5.2.1 Purpose. This section is intended to:
1. Preserve and enhance the historical ambience and aesthetic character of the
Town; and
2. Maintain public safety, consistent with constitutional requirements protecting
freedom of speech.
5.2.2 Applicability. All outdoor signs and window signs are subject to the regulations of
this section unless specifically excluded herein.
5.2.3 Exemptions. The following signs are not subject to this section:
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1. Any sign owned and installed by a governmental agency or required by any law,
governmental order or regulation.
2. Government flags and insignia, except when displayed in connection with
commercial promotion.
3. Integral decorative or architectural features of buildings, except letters,
trademarks, moving parts or moving lights.
4. Signs mounted on registered motor vehicles or carried by hand.
5.2.4 General Regulations.
1. Illumination. No sign shall be illuminated between the hours of 11:00 p.m. and
6:00 a.m., except signs on premises open for business, and then only upon issuance
of a special permit by the SPGA. Exterior illumination of signs shall be shielded,
directed solely at the sign, and be steady and stationary. No internal illumination of
a sign is permitted except upon issuance of a special permit by the SPGA. The
illumination of any sign shall not exceed 150 foot-lamberts.
2. Signs cannot interfere with traffic. No sign, including window displays, or its
illuminators shall by reason of its location, shape, size or color interfere with
pedestrian or vehicular traffic or be confused with or obstruct the view or the
effectiveness of any official traffic sign, traffic signal or traffic marking. No red or
green lights shall be used on any sign if, in the opinion of the Building
Commissioner with the advice of the Chief of Police, such lights would create a
driving hazard.
3. Construction. No sign shall be painted or posted directly on the exterior surface
of any wall. All exterior, attached signs, except awning signs, shall be painted,
posted or otherwise securely affixed to a substantial intermediary removable
surface and such surface shall be securely affixed to the wall of the building. The
foregoing, however, 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 of projection of 1/4 of an inch. The
construction of the sign shall comply with the State Building Code.
4. Maintenance. Every sign shall be maintained in good condition. If a sign shows
corrosion or deteriorated paint over 25% of the area of one side or if damage to
the sign causes the loss of 10% of its substance or if the sign suffers damage or
deterioration, which creates a risk of harm to the person or property of another, it
shall be repaired or removed.
5. Removal of temporary signs. Signs that advertise or otherwise relate to a
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particular event (for example, a real estate sign or a yard sale sign) shall be
removed promptly, and in no event more than seven days, after the conclusion of
the event.
6. Window signs. Removable signs on the inside of windows or transparent doors
are permitted.
5.2.5 Prohibited Signs. The following types of signs are prohibited:
1. Signs that incorporate in any manner flashing, moving or intermittent lighting,
excluding public service signs showing time and temperature.
2. String lights used in connection with commercial premises with the exception of
temporary lighting for holiday decoration.
3. Signs erected so as to obstruct any path of egress in or on a building.
4. Billboards and other non-accessory signs.
5.2.6 Signs in Residential Districts. The provisions of this section shall apply to signs in
residential districts. The following accessory signs are permitted:
1. Resident identification signs. Two signs, up to one square foot in area each, per
residential building indicating the name and address of the residents therein.
2. Multifamily dwelling development sign. One sign, not exceeding 12 square feet
in area, identifying a multifamily development.
3. Real estate sign. One sign advertising the sale or rental of the premises on which
it is located, and containing no other advertising matter.
4. Subdivision signs. Real estate signs, not more than 20 square feet in area and not
more than 10 feet in any dimension, on subdivisions of land as defined in MGL c.
41, § 81L, solely to advertise the selling of land or buildings in said subdivision,
provided that not more than one such sign shall face the same street.
5. Yard or garage sale sign. One sign advertising a yard or garage sale on the
premises on which it is located, provided that a yard sale permit has been duly
obtained.
6. Construction, painting or remodeling sign. One sign indicating the name, address
and telephone number of a contractor currently providing construction, painting or
remodeling services on the premises, and containing no other advertising matter,
provided that permission to display such sign has first been obtained from the
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homeowner.
7. Noncommercial message signs. Accessory signs containing a noncommercial
message and no other advertising matter.
8. Commercial signs. Except to the extent permitted in § 5.2.6, commercial signs,
whether or not accessory to a permitted activity engaged in on the premises, are
prohibited in Residence Districts.
5.2.7 Residence Districts; Size, Number and Location of Accessory Signs. Unless
otherwise provided herein:
1. No sign in a residential district shall exceed four square feet in area. No standing
sign shall exceed four feet in height.
2. No more than two standing signs shall be located on a residential property at
one time.
3. No part of any standing sign shall be located within 10 feet of the edge of the
pavement of any street, obstruct a sidewalk, or otherwise create a safety hazard to
pedestrian or vehicular traffic.
4. No sign shall be located on the roof of any building.
5.2.8 Commercial Districts. The provisions of this section shall apply to signs in
commercial districts. Accessory signs on business establishments or institutions in
commercial districts that comply with the following provisions are permitted:
1. Wall signs.
a. One principal wall sign is permitted on the front of the establishment to
which it relates. The width of such a sign above the first floor of a building shall
not exceed three feet.
b. A secondary wall sign may be installed marking a direct entrance on a
parking lot or another street in addition to the front wall sign. There shall be
not more than two such secondary wall signs. Said sign shall have a width no
greater than 50% of the maximum permissible width for the principal wall sign.
c. No wall sign shall be more than three feet in overall height.
d. In buildings where the first story is substantially above grade and the
basement is only partially below street grade, one sign for each level is allowed
if each sign has only 1/2 of the area that would be permitted for a single sign.
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e. In addition to the above signs, each building with multiple occupants may
have one directory sign affixed to the exterior wall, window or door of the
building. Such directory sign shall provide not more than one square foot for
each occupant of the building.
f. Wall signs shall either be affixed to a wall and parallel to it or affixed to the
roof above a wall and be parallel to the wall. They shall not project more than
12 inches from the face of such wall.
g. No wall sign shall project above the highest line of the main roof or parapet
on the wall to which it is attached, whichever is higher.
2. Projecting signs. [Amended 3-23-2016 ATM by Art. 37]
a. In particular instances the SPGA may issue special permits for projecting
signs in accordance with §5.2.10, if it is determined that the architecture of the
building, the location of the building with reference to the street or the nature
of the establishment is such that the sign should be permitted in the public
interest. No establishment shall be permitted more than one projecting sign.
b. Notwithstanding § 5.2.8.2.a, in the CB District, one projecting sign per
establishment shall be permitted by right, provided it meets the standards set
out below. Projecting signs exceeding these dimensions shall be subject to the
special permit provisions of § 5.2.10.
i. The sign may not exceed six square feet in area (not including the area
of the supporting bracket or hanger);
ii. For single-story structures, the sign shall not project above the roofline
or 18 feet, whichever is lower; for multistory structures projecting signs
may not extend vertically above the window sill of the second story;
iii. The sign must clear sidewalks by at least eight feet from the bottom of
the sign and may project no more than four feet from a building or one-
third the width of the sidewalk, whichever is less;
iv. The sign must clear the wall by at least six inches and must project
from the wall at an angle of 90°. Angular projection from the corner of a
building is prohibited.
3. Standing signs. In particular instances the SPGA may issue special permits for
standing signs in accordance with §5.2.10, if it is determined that the architecture
of the building, the location of the building with reference to the street or the
nature of the establishment is such that the sign should be permitted in the public
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interest. No establishment shall be permitted more than one standing sign other
than signs directing traffic flow. In the CM and CRO Districts one standing sign, not
to exceed 50 square feet in area and five feet in height, shall be permitted by right
on each lot. [Amended 3-23-2016 ATM by Art. 37; 4-24-2017 ATM by Art. 43]
4. Signs at gasoline filling stations and garages. Gasoline filling stations and garages
may divide the one wall sign affixed to the front wall of the building to which they
are entitled as hereinabove provided into separate wall signs indicating the
separate operations or departments of the business, provided however that the
total of the widths of the separate signs shall not exceed the maximum width
permitted under this bylaw for a single wall sign on such wall. In addition, one sign
indicating the brand of gasoline being sold may be erected of such type, in such
location, and in such manner as the SPGA may allow by special permit. The
standard type of gasoline pump bearing thereon, in usual size and form, the name
or type of gasoline and the price thereof shall not be deemed to be a sign within
the meaning of this bylaw.
5.2.9 Building Permit. All persons desiring to erect an outdoor sign in a commercial
district shall apply to the Building Commissioner for a building permit. The Building
Commissioner shall issue a building permit provided the proposed sign complies
with this bylaw, the State Building Code, requirements of the Historic Districts
Commission (where applicable) and any other applicable laws, bylaws or
regulations. All applications for permits shall comply with the permitting authority's
rules and regulations.
5.2.10 Special Permit. In particular instances the SPGA may issue special permits for
more or larger signs than are provided herein or for signs of types or for purposes
not provided herein and not specifically prohibited herein, including temporary
signs, if it is determined that the architecture of the building, the location of the
building with reference to the street or the nature of the establishment is such that
the sign should be permitted in the public interest. In granting such permission, the
SPGA shall specify the size and location of the sign or signs and impose such other
terms and restrictions as it may be deemed to be in the public interest. In
considering applications for special permits for signs located on land owned or
leased by a religious sect or denomination or by a nonprofit educational
corporation, and used for religious or educational purposes, the SPGA shall not
treat the applicant on terms less favorable than those applied to a non-religious
institution, nor in a manner that unreasonably restricts the religious or educational
activities of the applicant.
5.3 LANDSCAPING, TRANSITION AND SCREENING. [Amended 11-12-2020-2 ATM by Art. 18]
5.3.1 Purpose. The provisions of this section are intended to achieve the following
purposes:
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1. To provide a suitable transition between different zoning districts;
2. To separate different and otherwise incompatible adjacent land uses from each
other in order to partially or completely reduce potential nuisances such as dirt,
dust, litter, noise, glare from motor vehicle headlights, the intrusion from artificial
light including the ambient glow from signs, or the view of unsightly buildings and
parking lots;
3. To preserve or improve the visual and environmental character of a
neighborhood and of Lexington generally;
4. To offer property owners protection against possible diminution of property
values due to adjacent construction or a change in existing land uses.
5.3.2 Applicability. No building permit, special permit or certificate of occupancy for a
use shall be issued or granted where this bylaw indicates that a landscaping,
transition or screening area, in accordance with this section, shall be required or
where this section indicates such shall be provided, unless compliance with the
provisions of this section is demonstrated.
5.3.3 Landscaping Plan Required. A landscaping plan, demonstrating compliance with
the standards contained in this section for landscaping, transition areas and
screening, shall accompany each application for a building permit, certificate of
occupancy, or special permit. The plan shall be drawn to scale and include
dimensions and distances. The landscaping plan shall be certified by a landscape
architect registered in the Commonwealth of Massachusetts. The landscaping plan
shall comply with the permitting authority's rules and regulations.
5.3.4 Transition Areas. Where a lot abuts a different zoning district, a landscaped
transition and screening area shall be provided and shall be located adjacent to the
lot line as set forth in the table in § 5.3.5, consistent with the following:
1. In the case of a nonresidential use in a residential district, a landscaped
transition and screening area shall be provided, except that while the transition
area shall be the width specified in the table in § 5.3.5, it shall be installed only
along those segments of lot lines necessary to screen the nonresidential use from
buildings located on abutting lots. The transition area may be provided within the
minimum yard required for a building.
2. Where a lot is divided into two zoning districts for which a transition area would
be required by § 5.3.5, the transition area shall be along the zoning district line,
except that the SPGA may grant a special permit for the transition area to be in a
different location if it meets the objectives of this section
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5.3.5 Required Depth or Width (in feet) of Transition Area. [Amended 3-23-2016 ATM by Art. 38; 3-28-2018 ATM by Art. 38; 11-12-2020-2
STM Art.18]
Adjacent District
District
In
Which
Lot is
Located
GC RO RS RT RD CN CRS CS CSX CB CLO CRO CM
GC — 20 20 20 20 — — — — — — — —
RO — 25* 25* 25* 10* 15 15 20 — — 20 20 20
RS — 25* 25* 25* 10* 15 15 20 — 15 20 — —
RT — 25* 25* 25* 10* 10 10 — — — 10 — —
RD — 20* 20* 20* 20* 20 20 20 — 20 20 20 20
CN — 20 20 20 20 — 10 15 — — 20 — —
CRS — 20 20 20 20 10 — 15 — — 10 — —
CS — 20 20 20 20 15 15 — — — 15 — —
CSX — 20 20 20 20 15 15 — — — — — —
CB — — 20 — 20 — — — — — — — —
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CLO — 50 50 50 50 10 10 10 — — — — —
CRO — 50 — — 50 — — — — — — — —
CM — 50 — — 50 — — — — — — — —
* No requirement for an individual dwelling
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5.3.6 Transition Area; Standards and Requirements. The following standards shall
apply to the installation and maintenance of all landscaping, transition and
screening areas required by this section:
1. Composition of landscaping, transition and screening areas. A landscaped
transition and screening area shall consist of a landscaped strip and may include
fences, walls or berms which shall serve to provide an effective year-round visual
screen at the time of installation.
2. Height of screening. Visual screening comprised of a mixed planting of deciduous
and coniferous trees and shrubs and walls or fences shall have a minimum overall
height of six feet at the time of installation, except in a required front yard where
the maximum height shall comply with § 5.3.5 so as not to interfere with sight
distance.
3. Sight distance. In order to provide an unobstructed sight distance for motorists,
there shall be a triangle, which is at least 30 feet on two sides of the intersection of
a street with a driveway or an interior drive that shall be clear of visual
obstructions. The triangle shall be measured from the point of intersection of the
street with the driveway or interior drive for a distance of at least 30 feet along the
street line; along the side line of the driveway or interior drive for a distance of at
least 30 feet; and by a third line connecting these two points. Within this triangle
so described, nothing shall be erected, placed, planted, or allowed to grow in such
a manner as to impede vision for motorists between a height of 2 1/2 feet and 10
feet above the grade of the center lines of the street and the driveway or interior
drive.
5.3.7 Transition Areas; Type of Plant Materials. The following standards shall apply:
1. A variety of plant materials shall be selected to provide an effective visual
screen, to be maintained at a minimum height of six feet. Plantings shall be a
mixture of deciduous and coniferous trees and shrubs for the screening to maintain
its effectiveness throughout the winter months.
2. Ground cover, grass, mulch or other equivalent landscape treatment shall be
provided in all landscaped transition and screening areas. Where the width of a
transition area exceeds 20 feet, and where existing vegetation is used as the
required planting, no ground cover, grass, mulch or equivalent treatment shall be
required, provided all man-made debris has been removed from within the
transition area.
3. The substitution of artificial plant materials is not permitted.
4. Existing vegetation in a healthy condition, which provides an effective year-
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round visual screen, may be used provided it is approved by the permitting
authority, which may require supplemental planting.
5. Size of plant materials. All trees required by this section shall have a minimum
caliper of three inches at the time of planting.
6. Spacing of plant materials. The arrangement of plant materials shall consider the
relationship of plants in size, form, texture and color. The configuration and
combinations of plant materials shall be in accordance with sound horticultural and
landscape architectural practices.
7. Protection of landscaping and screening areas. Wherever required landscaping,
transition or screening areas are adjacent to parking areas or driveways such areas
shall be protected by curbing or wheel stops to avoid damage to the plant
materials and other structures by vehicles.
5.3.8 Structures within Landscaping, Transition and Screening Areas.
1. Walls or fences may be required within a transition area to supplement the
required planting to provide an effective visual screen as determined by the
permitting authority.
2. When walls or fences are required by the permitting authority, they shall be of
the following type:
a. A solid masonry wall faced with visually attractive materials on the side that
faces the residential or less intensive use.
b. A wood stockade or other opaque wooden fence installed so that the
attractive side faces the residential or less intensive use. Between such fence
and the lot line there shall be planted a minimum of one shrub or vine per 10
linear feet, and a minimum of one small deciduous tree per 40 linear feet.
c. A fence or wall of an alternate material that may be appropriate to the site
may be proposed by the applicant's landscape architect.
d. Walls or fences may not be substituted for plant materials to reduce the
required width of a transition and screening area. A wall or fence may be
added only where a mass of plant materials would not provide an adequate
screen or where required by the permitting authority.
5.3.9 Earthen Berms. The permitting authority may require that earthen berms be
constructed within a transition area as part of a residential development adjacent
to an arterial street or limited access highway, subject to the following:
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1. The berms shall be planted.
2. Whenever a wall or fence is required in addition to a berm, the wall or fence
shall be located between the berm and the higher intensity use in order to improve
sound absorption.
3. The use of earthen berms and similar grading techniques in combination with the
standard landscaping requirement is encouraged.
4. Berms shall be constructed of earth and shall be between three and six feet in
height.
5.3.10 Use of Transition Areas. The following standards shall apply:
1. Only necessary driveways or interior drives shall be located across a required
transition area. No structure, parking area, or play area may be located in a
required transition area.
2. A transition area may be used for passive recreation; it may contain pedestrian,
bike or equestrian trails, provided they do not reduce the effectiveness of the
transition area as a year-round visual screen. No other uses are permitted in
transition areas.
5.3.11 Maintenance.
1. The owner of the lot shall be responsible for the maintenance, repair and
replacement of all landscaping materials installed in accordance with the approved
landscaping plan.
2. All plant material shall be maintained in a healthy growing condition, replaced
when necessary and kept free of refuse and debris. After the initial planting, all
plant materials not surviving after the first winter and through the following
growing season shall be replaced in kind.
3. Fences and walls shall be maintained in good repair. Gates or openings may be
provided where necessary for access to an area for maintenance.
5.3.12 Certificate of Occupancy. The landscaping plan, as approved, shall be completed
according to specifications prior to the issuance of a certificate of occupancy for
any residential or nonresidential use or building. If the completion of the structure
occurs after the planting season has passed, only a temporary certificate of
occupancy may be issued until the landscaping is completed.
5.3.13 Screening of Other Use Areas within Lots. The following standards shall apply:
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1. Outdoor storage areas. All outdoor storage areas for nonresidential uses in
residential districts and all facilities for refuse disposal for all commercial,
institutional or multifamily uses in all districts shall be enclosed by a fence or wall
at least six feet in height. In the event that a wall six feet in height is insufficient to
adequately screen such areas, the permitting authority may require additional
screening in such manner and of such materials as may be reasonably necessary to
adequately screen such area from public view.
2. Screening of mechanical equipment. In all districts, on nonresidential properties,
all air-conditioning equipment, transformers, elevator equipment or similar
mechanical equipment on any roof or building or on the ground shall be screened
from public view. The permitting authority may require additional screening in such
manner and of such materials as may be reasonably necessary to adequately
screen such area from public view.
3. Transformers, equipment lockers and underground installation of utility lines. In
all districts, when electric, telephone and all other utility lines, cables or
transformers are proposed to be extended or relocated, in connection with the
development or redevelopment of land or a building for nonresidential purposes,
they shall be installed underground.
5.3.14 Special Permit. The SPGA may, by special permit, waive any provision of § 5.3,
where it determines that lesser transition area screening is consistent with the
objectives set forth in § 5.3.1 and will not result in substantial detriment.
5.4 OUTDOOR LIGHTING.
5.4.1 Purpose. This section regulating outdoor lighting is intended to:
1. Enhance public safety and welfare by providing for adequate and appropriate
outdoor lighting;
2. Provide for lighting that will complement the character of the Town;
3. Reduce glare;
4. Minimize light trespass; and
5. Reduce the cost and waste of unnecessary energy consumption.
5.4.2 Applicability. The requirements of this section apply to outdoor lighting on lots
and parcels in all districts, including existing outdoor lighting installation being
modified, extended, expanded, or added to. The entire outdoor lighting installation
on the lot is subject to the requirements of this section, except:
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1. One-family and two-family dwellings on lots on which they are the principal use;
and
2. Streetlighting, lights that control traffic or other lighting for public safety on
streets and ways.
5.4.3 Lighting Plan. Wherever outside lighting is proposed, every application for a
building permit, a special permit, a variance, or an electrical permit shall be
accompanied by a lighting plan that shall comply with the permitting authority's
rules and regulations.
5.4.4 Control of Glare and Light Trespass.
1. Any luminaire with a lamp or lamps rated at a total of more than 2,000 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.
2. 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.
3. Subsection 1 above 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.
5.4.5 Lamps. Lamp types shall be selected for optimum color rendering as measured
by their color rendering index (CRI), as listed by the lamp manufacturer. Lamps with
a color rendering index lower than 50 are not permitted. This section shall not
apply to temporary decorative lighting, which may include colored lamps, such as
holiday lighting. [Amended 4-9-2014 ATM by Art. 32]
5.4.6 Hours of Operation. Outdoor lighting shall not be illuminated between 11:00
p.m. and 6:00 a.m. with the following exceptions:
1. 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 1/2 hour after the activity ceases;
2. Low-level lighting sufficient for the security of persons or property on the lot
may be in operation between 11:00 p.m. and 6:00 a.m., provided the average
illumination on the ground or on any vertical surface is not greater than 0.5 foot
candle.
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5.4.7 Special Permit. The SPGA may, by special permit, waive any provision of § 5.4,
where it determines that the proposed lighting is consistent with the objectives set
forth in § 5.4.1 and will not result in substantial detriment.
5.5 TRAFFIC STANDARDS.
5.5.1 Purpose. The purpose of this section is to:
1. Permit vehicular traffic on Lexington streets to move in an efficient manner
without excessive delay or congestion;
2. Permit emergency vehicles to reach homes and businesses with a minimum of
delay;
3. Reduce motor vehicle and pedestrian accidents on the Town's streets;
4. Consider and allow for safe and convenient routes for pedestrians and bicyclists;
5. Promote cleaner air and to reduce automotive exhaust emissions caused by
vehicles standing and idling for an excessive time;
6. Promote the efficient use of the Town's arterial and collector streets so that use
of local and neighborhood streets as shortcuts can be discouraged;
7. Avoid excessive traffic demand on Town streets that necessitates extraordinary
Town expenditures to maintain adequate and safe traffic flow;
8. Maintain a balance between the traffic-generating capacity of dwellings and
businesses in the Town and the traffic-carrying capacity of streets and
intersections;
9. Encourage alternative methods of transporting people, through public
transportation, car pools and van pools, bicycling and walking, rather than near
exclusive reliance on single-occupant automobiles;
10. Encourage the use of good traffic engineering principles and design standards
consistent with a predominantly residential suburban town;
11. Encourage the positive management of traffic flow consistent with the Town's
other stated objectives;
12. Encourage private sector participation in dealing with the Town's traffic
problems;
13. Expand the Town's inventory of data about traffic conditions on Town streets.
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5.5.2 Applicability. No building permit shall be granted for the erection of a new
building or the enlargement or renovation of an existing building other than in the
CB District with the result that:
1. There are 10,000 square feet or more of gross floor area on the lot, including any
existing floor area, but not including any floor area devoted to residential use or to
off-street parking; or
2. There are 50 or more dwelling units, or their equivalent, in a development,
including any existing dwelling units; or
3. The number of parking spaces is increased by 25 or more and there are 50 or
more parking spaces, including any existing parking spaces, on the lot.
Unless a special permit has been granted and the SPGA has made a determination
that the streets and intersections affected by the proposed development have, or
will have a result of traffic improvements, adequacy capacity, as set forth in §5.5.4,
to accommodate the increased traffic from the development.
5.5.3 Traffic Study Required. A traffic study must be submitted with each application
for a building permit, special permit, or as may be required by any other provision
of this bylaw. The traffic study shall include the information set forth in the SPGA's
rules and regulations, provided that:
1. The traffic study must be conducted by a traffic engineer who will certify that
he/she qualifies for the position of member of the Institute of Transportation
Engineers (ITE).
2. Streets "likely to be affected by the development" are those that have an
average daily traffic (ADT) of 2,000 vehicles or more and will carry 10% or more of
the estimated trips generated by the development.
3. Intersections "likely to be affected by the development" are those that have an
average daily traffic (ADT) of 2,000 vehicles or more and for which the
development will add 5% or more to the approach volumes.
5.5.4 Adequate Traffic Capacity. Prior to granting a special permit, the SPGA shall
determine that the streets and intersections likely to be affected by the proposed
development currently have, or will have as a result of traffic improvements,
adequate capacity, as defined in § 5.5.5. In making its determination of adequate
capacity, the SPGA shall consider at least the cumulative effect on a street or
intersection likely to be affected by the development, as provided in § 5.5.3, of:
1. Existing traffic conditions;
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2. Estimates of traffic from other proposed developments which have already been
approved in part or in whole by the Town of Lexington for which a traffic study was
required, or by official action of an abutting city or town, which have not yet been
opened for use prior to the date that the traffic counts required by this section
were taken; and
3. Estimates of traffic from the proposed development.
5.5.5 Adequate Capacity Defined by Level of Service. Adequate capacity shall mean
level of service "D" or better as described in the "Highway Capacity Manual, 2010
Edition" published by the Transportation Research Board. If the level of service that
would result from the cumulative effect, referred to in § 5.5.4, is "E" or below, the
SPGA shall determine there is not adequate capacity and shall deny the application.
5.5.6 Mitigating Measures to Improve Capacity. The SPGA shall consider that various
traffic engineering improvements, or other method of positive traffic control, such
as a traffic control officer, can improve the traffic-carrying capacity of an
intersection or street and improve the level of service rating to a higher and
acceptable value. The SPGA shall consider such improvements, or other method of
traffic control, in its determination and may make a conditional determination that
adequate capacity is dependent upon the construction of the traffic engineering
improvement, or other method of traffic control.
5.5.7 Conditions. The SPGA may make a condition of its approval of the special permit
that the start, or any stage, of the construction of the development, or the
occupancy thereof, is dependent upon the start or completion of the traffic
engineering improvement or of the start of another method of positive traffic
control, such as a traffic control officer, on a permanent basis. A conditional
approval shall be dependent upon at least a start of the physical construction of
the traffic engineering improvement or the execution of an agreement with the
Town of Lexington for another method of traffic control. Letters of support, or
commitment, or approval, or the award of a contract are not considered as a start
of construction. However, as the basis for making a conditional determination of
adequacy, the SPGA may consider as evidence that the traffic-carrying capacity will
be improved to a higher level of service, such letters of support, or commitment, or
approval, or the award of a contract for construction of the traffic engineering
improvement, or a proposed agreement with the Town of Lexington for another
method of traffic control.
5.5.8 Trip Reduction Requirements. As a condition of its approval of a special permit or
a special permit with site plan review, the SPGA may require actions and programs
by the owner and/or manager of a development to reduce the number of single-
occupant automobile trips made to a development, particularly during peak traffic
hours. Such actions and programs may include:
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1. Providing a pass to employees for use on a public transportation system that
serves the development site;
2. Use of car pools and van pools;
3. Scheduling of hours of operation such as flex-time, staggered work hours, and
spread scheduling that reduces trips during peak traffic hours;
4. Preferential parking locations and arrangements for vehicles other than single-
occupant automobiles;
5. Restrictions on access to, or egress from, off-street parking areas during peak
traffic hours; or
6. Bicycle parking facilities and other measures such as locker and shower facilities
to encourage bicycle commuting.
5.5.9 Monitoring. Where such conditions are included, they shall include a reporting
system that monitors the effectiveness of the trip reduction program. The SPGA
may make a condition of the granting of the special permit or special permit with
site plan review that:
1. Such monitor be directly responsible to and report to the Building Commissioner;
and
2. The applicant is responsible for the cost of providing such monitoring system.
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SECTION 135-6.0
SPECIAL REGULATIONS
6.1 ACCESSORY STRUCTURES.
6.1.1 Swimming Pools and Racquet Courts. The Building Commissioner may grant a
building permit for a swimming pool and the SPGA may grant a special permit for
the construction of a racquet court, accessory to a residential use. Such accessory
structures are subject to the following minimum conditions:
1. No racquet court shall be constructed within 15 feet, and no swimming pool shall
be constructed within 20 feet, of a lot line or within the required minimum yard
setback for a principal building, whichever is greater. The setback of the swimming
pool shall be measured to the edge of the water in the pool; the setback of the
racquet court shall be measured to the fence enclosing the court.
2. Screening at least five feet high shall be provided around the pool or court.
3. A fence or wall, at least eight feet high for the racquet court, shall be provided so
that the court is completely enclosed. A principal or accessory building may form
part of the enclosure.
4. No swimming pool or racquet court shall be constructed without the issuance of
a building permit.
6.1.2 Satellite Receiving Antenna. A satellite receiving antenna with a receiving dish
with a diameter equal to or less than three feet may be installed in any district. A
satellite receiving antenna with a receiving dish with a diameter greater than three
feet may be erected in any district after issuance of a building permit when it is
accessory to another use and meets the following additional conditions:
1. The antenna is located in a rear yard but not within the required minimum
setback set forth in § 135-4.0.
2. The antenna shall be permanently secured to the ground. No antenna shall be
installed on a building or on a portable or movable structure, such as a trailer.
3. Size. No antenna shall exceed an overall diameter of 12 feet or a height of 15
feet above the natural grade when measured to its uppermost point when in an
upright position.
4. Screening. The base of the antenna shall be screened from view from any
abutting lot or from the street by an opaque fence, at least six feet high, or by
planting providing comparable screening and opacity.
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5. Appearance. The antenna shall be of a nonreflecting and inconspicuous color and
compatible with the appearance and character of its surroundings. No advertising
material shall be permitted.
6. The antenna shall not be used for commercial purposes except where accessory
to a commercial use.
7. Where the SPGA determines any of the conditions set forth in any subsection
above operates to prevent reception of satellite transmitted signals by the
receiving antenna, the SPGA may issue a special permit to locate the antenna
elsewhere on the lot, or on a building, where it may receive such signals.
HISTORIC PRESERVATION INCENTIVES
6.2.1 Purpose.
The general objectives of this section are to:
1. Encourage preservation of buildings, structures, sites, settings, and other
elements of historical or architectural significance;
2. Establish eligibility criteria for buildings, structures, sites, settings, and other
elements attaining protected status under §6.2.2;
3. Expand economic options for owners, by broadening the permitted uses in
various zoning districts and removing barriers presented by development standards
governing those uses;
4. Permit flexibility of development options by modifying dimensional requirements
that might be an impediment to historic preservation; and
5. Provide incentives to preserve contributory elements of historic or architectural
significance, such as settings, sites, objects, monuments, trees, or other elements.
6.2.1 Historic Eligibility Defined.
Any historic building, structure, site, setting, object, monument, tree, or any other
element of historical, architectural or cultural significance that contributes value in
establishing historical context, may qualify for eligibility under this section, if it is
included on any of the following lists or surveys:
1. National Register of Historic Places;
2. Massachusetts State Register of Historic Places;
3. Lexington Comprehensive Cultural Resources Survey; or
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4. Pending nominations in good standing to the National or State Register.
6.2.2 Review by Historical Commission.
The Historical Commission shall review applications and advise the SPGA on
whether, in the Commission’s view, the proposed renovation, repair, adaptive reuse,
or relocation preserves the historical and architectural features of the building,
structure, or elements if renovated or relocated according to the plans.
6.2.3 Special Permit.
The SPGA, after making the findings required by §6.2.5 below, may grant a special
permit to authorize the following uses and activities in order to allow the renovation,
repair, adaptive reuse or, in limited instances, relocation of historic or architecturally
significant buildings, structures, or elements:
1. Permit uses permitted in another district but not as of right in the district in
which the historic or architecturally significant building, structure or element is to
be located;
2. Modify the operating or development standards contained in Table 1, Permitted
Uses and Development Standards;
3. Modify the standards for bed-and-breakfast homes (§6.5), congregate living
facilities (§6.6), and accessory apartments (§6.7);
4. Modify the dimensional controls of §4.0;
5. Modify the off-street parking and loading requirements of §5.1; and
6. Modify the landscaping, transition and screening requirements of §5.3.
6.2.4 Required Findings.
In order to grant a special permit, the SPGA shall determine that:
1. The uses or the modification of standards and requirements authorized in §6.2.4
are necessary to maintain the historic or architecturally significant building,
structure, or element;
2. The proposed renovation, repair, adaptive reuse, or relocation preserves, to the
maximum extent feasible, the historical and architectural features of the building,
structure, or element;
3. For relocation of buildings, structures and elements to another location, no other
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preservation measures are practical or reasonable, on the existing site;
4. The historical and architectural features of the building, structure, or element will
be preserved for the duration of the special permit;
5. Failure to grant the special permit is likely to result in inappropriate use or
physical modification or demolition of the building, structure, or element; and
6. The use or the modification of standards and requirements will not generate
negative impacts to the surrounding area or zoning district or that any negative
impacts generated may be feasibly mitigated.
6.2.5 Contributory Lots.
For one or more lots that do not otherwise qualify under §6.2.2, the SPGA may grant
a special permit to modify the standards of §3.3, 6.3, 7.1, 7.2, and 7.3; the
dimensional controls of § 4.0; the landscaping, transition and screening
requirements of §5.3; and the off-street parking and loading requirements of §5.1,
provided that the SPGA makes a finding that such modifications are necessary to
make historic preservation feasible on another lot within the same development on
which an historic element, as defined in §6.2.2, is located.
6.3 NURSERIES NOT EXEMPT BY STATUTE.
6.3.1 General. Where the SPGA determines that the character of the neighborhood
would not be impaired, the storage and sale of some or all of the following
supplementary items in conjunction with the operation of a nursery may be
permitted by special permit:
1. Plants grown elsewhere than on the premises;
2. Items intended to improve or preserve the life and health of plants, including
without limitation pesticides, insecticides, peat moss, humus, mulches, fertilizers,
and other chemicals;
3. Hand gardening tools and hand gardening equipment, garden hose, watering and
spraying devices, containers for living plants;
4. Cut flowers, Christmas trees and wreaths, in season;
5. Indoors only, birdseed, birdbaths, bird feeders, birdhouses; and
6. Ornamental or decorative items intended for use with plants.
6.3.2 Other Nursery Uses. The foregoing list may be expanded, in the discretion of the
SPGA, to include other items related to plants, gardens or gardening, but shall not
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include power tools, other power equipment, furniture or items generally
associated with the business of a hardware store rather than with the conduct of a
nursery.
6.3.3 Dimensional Requirements. A nursery granted a special permit shall conform to
the dimensional controls in § 135-4.0 as to lot area, frontage and yards and the
maximum height of buildings for the district in which located and to the following
additional requirements:
1. Minimum lot area: two acres;
2. Buildings (other than greenhouses) may cover no more than a maximum of 20%
of the lot area;
3. Greenhouses shall not be used for retail sales of items other than plants;
4. Buildings (other than greenhouses) used for retail sales shall not exceed a
maximum of 7,500 square feet;
5. Not less than 50% of the total land area of the nursery shall be used for the
propagation or cultivation of plants in the open or in greenhouses;
6.4 WIRELESS COMMUNICATION FACILITIES. [Amended 11-19-2020 STM by Art. 14]
6.4.1 Purpose. This section permits the use of wireless communication facilities within the
Town, regulates their impacts and accommodates their location and use in a manner
intended to:
1. Protect the scenic, historic, environmental and natural or man-made resources of
the Town;
2. Protect property values;
3. Minimize any adverse impacts on the residents of the Town (such as, but not limited
to, attractive nuisance, noise and falling objects) with regard to the general safety,
welfare and quality of life in the community;
4. Provide standards and requirements for regulation, placement, construction, design,
modification and removal of wireless communication facilities;
5. Provide a procedural basis for action within a reasonable period of time for requests
for authorization to place, construct, operate or modify wireless communication
facilities;
6. Encourage the use of certain existing structures and towers;
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7. Minimize the total number and height of towers located within the community;
8. Require tower sharing and clustering of wireless communication facilities where
they reinforce the other objectives in this section; and
9. Be in compliance with the Telecommunications Act.
6.4.2 Applicability. The requirements of this section shall apply to all wireless
communication facilities, except where federal or state law or regulations exempt certain
users or uses from all or portions of the provisions of this section. No wireless
communication facility shall be considered exempt from this section by sharing a tower or
other structure with such exempt uses.
6.4.3 Location of Facilities; Priorities. Wireless communication facilities shall be located
according to the following priorities. Applicants shall demonstrate that they have
investigated locations higher in the following priority ranking than the one for which they
are applying and whether such sites are available and, if applicable, under what conditions.
The priorities are:
1. Within an existing structure concealed;
2. Within an existing structure and camouflaged;
3. Camouflaged on an existing structure, including but not limited to an existing utility
pole, water tower, or building, and of a compatible design;
4. Co-located with existing wireless communication facilities;
5. On Town of Lexington owned land which complies with other requirements of this
section and where visual impact can be minimized and mitigated;
6. On existing structures that comply with the other requirements of this section and
where visual impact can be minimized and mitigated; and
7. On new towers.
6.4.4 Site Development Requirements. The following standards shall apply:
1. Shelters and accessory buildings. Any communication equipment shelter or
accessory building shall be designed to be architecturally similar and compatible with
the surrounding area. Whenever feasible, a building shall be constructed underground.
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2. Security and signs. Except for small wireless facilities, the wireless communication
facility shall be completely secure from trespass or vandalism and a sign not larger than
one square foot shall be posted indicating the name of the facility owner(s) and a
twenty-four-hour emergency telephone number. Advertising on any antenna, tower,
fencing, accessory building or communication equipment shelter is prohibited.
3. Lighting. Unless required by the Federal Aviation Administration, no exterior night
lighting of towers or the wireless communication facility is permitted except for
manually operated emergency lights for use when operating personnel are on site.
4. Dimensional Standards. A wireless communication facility that exceeds the height
restrictions of §4.3 or occupies a front, rear, or side yard is permitted if the restrictions
would materially inhibit provision of wireless services under the Telecommunications
Act.
6.4.5 Application; Procedures.
1. The applicant or co-applicant for any permit for a wireless communication facility
must be a wireless communication service provider who has authority from the FCC to
provide wireless communication services for the facility being proposed. The applicant
shall submit documentation of the legal right to install and use the proposed facility
mount at the time of the filing of the application for the permit.
2. Review by the Communications Advisory Committee. The Select Board’s
Communications Advisory Committee shall review an applicant's application and make
recommendations to the Building Commissioner as to the application's adherence to
the provisions of this section.
3. Permits. Each application for a permit must contain site plans with sufficient detail
that would enable the Town to determine whether the proposed facility meets the
requirements of this section.
6.4.6 Regulations. The Select Board may adopt regulations concerning the appearance of
wireless communication facilities consistent with the Telecommunications Act.
6.4.7 Removal Requirements. Any wireless service facility that ceases to operate for a
period of one year shall be removed. 'Cease to operate' is defined as not performing the
normal functions associated with the wireless service facility and its equipment on a
continuous and ongoing basis for a period of one year. At the time of removal, the facility
site shall be remediated such that all wireless communication facilities that have ceased to
operate are removed. If all facilities on a tower have ceased to operate, the tower (including
the foundation) shall also be removed and the site shall be revegetated by the owner.
Existing trees shall only be removed if necessary to complete the required removal.
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6.5 BED-AND-BREAKFAST HOME.
6.5.1 Purpose. This section is intended to ensure that the conversion of an existing one-
family dwelling unit into a bed-and-breakfast home containing not more than three
bed-and-breakfast units is maintained primarily as a residence and the bed-and-
breakfast accommodations are subordinate and incidental to the principal use of
the dwelling as a residence.
6.5.2 Conditions and Requirements; General. The Building Commissioner may issue a
certificate of occupancy for a bed-and-breakfast home to be conducted in a one-
family dwelling unit in a RO or RS District provided that each of the following
conditions and requirements are met:
1. No bed-and-breakfast home, new or preexisting, shall be operated without first
being granted a certificate of occupancy from the Building Commissioner.
2. A bed-and-breakfast home is an accessory use and the primary use of the
dwelling unit shall remain as a residence and not as a lodging house or as a "bed-
and-breakfast establishment," as that term is defined in MGL c. 64G. As an
accessory use, the bed-and-breakfast operation shall not occupy more than 45% of
the gross floor area of the dwelling unit.
3. Within one dwelling unit, there shall be a maximum of three bedrooms which are
rented to roomers, or are bed-and-breakfast units.
4. Food for a fee may be served only to overnight guests.
6.5.3 Conditions and Requirements; Exterior Appearance. The dwelling unit containing
the bed-and-breakfast home shall be designed so that the exterior appearance of
the structure remains that of a one-family dwelling, subject further to the following
conditions and requirements:
1. All stairways to upper stories shall be enclosed within the exterior walls of the
dwelling. There shall be no exterior fire escapes.
2. An enlargement or addition to the structure is permitted provided the
architectural character of a one-family dwelling is maintained.
6.5.4 Conditions and Requirements; Parking. In order to maintain the appearance of a
one-family neighborhood, all parking spaces on the lot created for the bed-and-
breakfast units must be located in a side or rear yard.
6.5.5 Certificate of Occupancy.
1. The certificate of occupancy for the bed-and-breakfast operation shall be limited
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to a maximum of three years. A certificate of occupancy shall be issued only to the
owner of the property and shall not be transferable. Any changes in ownership of
the property shall require a new certificate of occupancy.
2. Upon issuance of a certificate of occupancy, the Building Commissioner shall
notify abutters of the lot that a certificate of occupancy has been issued and of the
terms and conditions under which it has been issued.
6.6 CONGREGATE LIVING FACILITY.
6.6.1 Purpose. This section is intended to:
1. Encourage alternative living arrangements for the Town's elderly residents;
2. Permit housing arrangements compatible in size and scale with one-family and
two-family neighborhoods; and
3. Encourage an economic, energy-efficient use of the Town's housing supply while
maintaining the appearance and character of the Town's neighborhoods.
6.6.2 Conditions and Requirements; General. Congregate living facilities must meet
each of the following conditions and requirements:
1. In the RO, RS and RT Districts, there shall be accommodations for not more than
15 residents in the dwelling.
2. The lot area shall be at least 10,000 square feet.
3. The dwelling shall be connected to the public water and sanitary sewer system.
6.6.3 Conditions and Requirements; Exterior Appearance. Congregate living facilities
shall be designed so that the appearance of the structure is that of a dwelling
characteristic of the zoning district in which it is located, i.e. a detached one-family
dwelling if located in a RO, RS or RT District or a two-family dwelling if located in a
RT District, subject further to the requirement that any stairway to a second or third
story shall be enclosed within the exterior walls of the dwelling. There shall be no
exterior fire escapes.
6.6.4 Conditions and Requirements; Off-Street Parking. In order to maintain the
appearance of a one-family neighborhood, not more than two outdoor parking
spaces shall be located in the front yard. All other parking spaces shall comply with
the standards in § 5.1 for a parking lot. Additional screening may be required to
minimize the visual impact of parking on adjacent properties.
6.6.5 Services and Facilities for Residents.
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1. Supportive services, such as nutrition, housekeeping, or social activities and
access to other services, such as health care, recreation or transportation, shall be
provided. At least one meal per day shall be served to residents in a common dining
room.
2. There shall be rooms and facilities that promote a shared living experience for
residents including at least: a dining room, one living/common room suitable for
social activities, space for outdoor activities and other rooms for other supportive
services.
3. A service providing organization, with sufficient resources, responsible for the
provision of the supportive services shall be identified. If the relationship between
that organization and the facility is terminated, and if, within 90 days, another
comparable service providing organization is not designated, the certificate of
occupancy shall be suspended or revoked. The service providing organization shall
employ a manager or coordinator to direct the supportive services, and the
manager or coordinator, or a designee, who shall not be a client of the congregate
living facility, shall be on the site at least eight hours per day, seven days per week.
4. A resident may occupy a separate bedroom or a suite of rooms which may have
one or more of the following: a private full or half bath, a kitchenette of a size and
type suitable for preparation of light meals for one or two persons, but not larger, or
a living room.
5. There shall be provided at least 150 square feet of open space for each resident.
[Amended 4-9-2014 ATM by Art. 32]
6. The dwelling may not contain any separate dwelling unit other than that provided
for the manager or coordinator.
6.6.6 Recommendation. Prior to the granting of a special permit or the issuance of a
building permit, the permitting authority shall submit a copy of the application to
the Human Services Committee and the Board of Health which shall be given a
reasonable time period in which to make a recommendation on the application.
6.6.7 Condition. Each building permit or special permit shall include a condition that the
certificate of action is subject to suspension or revocation if the dwelling is no
longer used as a congregate living facility or if the support services are no longer
rendered. Each special permit must be recorded in the Registry of Deeds.
6.7 ACCESSORY APARTMENTS.
[Amended 4-9-2014 ATM by Art. 32; 3-25-2015 ATM by Art. 52; 3-30-2016 ATM by Art. 40]
6.7.1 Purpose. This section authorizing the provision of accessory dwelling units is
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intended to:
1. Increase the number of small dwelling units available in the Town;
2. Increase the range of choice of housing accommodations;
3. Encourage greater diversity of population with particular attention to young
adults and senior citizens; and
4. Encourage a more economic and energy-efficient use of the Town's housing
supply while maintaining the appearance and character of the Town's one-family
neighborhoods.
6.7.2 General. An accessory apartment is a second dwelling unit subordinate in size to
the principal dwelling unit on a lot, located in either the principal dwelling or an
accessory structure.
6.7.3 Conditions and Requirements; General. The following standards shall apply:
1. There shall be no more than one accessory apartment on a lot.
2. The owner of the property on which the accessory apartment is to be created
shall occupy one or the other of the dwelling units, except for temporary absences
as provided herein. For the purposes of this section, the "owner" shall be one or
more individuals who constitute a family, who hold title directly or indirectly to the
dwelling, and for whom the dwelling is the primary residence.
3. Temporary absence of owner. An owner of a property containing an accessory
apartment who is to be absent for a period of less than two years may rent the
owner's unit as well as the second unit during the temporary absence provided:
a. Written notice thereof shall be made to the Building Commissioner on a form
prescribed by him.
b. The owner shall be resident on the property for at least two years prior to
and between such temporary absences.
6.7.4 Conditions and Requirements; Exterior Appearance. The accessory apartment
shall be designed to maintain the appearance and essential character of a one-
family dwelling with accessory structures, subject further to the following conditions
and requirements:
1. All stairways to second or third stories shall be enclosed within the exterior walls
of the dwelling.
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2. Where two or more entrances exist on the front facade of a dwelling, one
entrance shall appear to be the principal entrance and other entrances appear to be
secondary.
6.7.5 Basic Accessory Apartment. A basic accessory apartment shall be permitted if the
following criteria are met:
1. The apartment shall be located in the principal dwelling.
2. The gross floor area of the apartment shall not exceed 1,000 square feet.
3. There shall not be more than two bedrooms in the apartment.
6.7.6 Expanded Accessory Apartment. The SPGA may grant a special permit for an
expanded accessory apartment if the following criteria are met:
1. The gross floor area of the apartment shall not exceed 40% of the gross floor area
of the dwelling, excluding areas of the structure used for parking.
2. The apartment shall be located in the principal dwelling.
3. The size of the dwelling is consistent with typical nearby one-family dwellings.
6.7.7 Accessory Structure Apartment. Notwithstanding the prohibition against having
more than one dwelling on a lot, the SPGA may grant a special permit to allow the
construction of an accessory apartment in an accessory structure on the same lot as
a one-family dwelling if the following criteria are met:
1. The gross floor area of the apartment does not exceed 1,000 square feet.
2. The SPGA determines that the exterior appearance of the accessory structure is
compatible with the principal dwelling on the same lot and with dwellings and
accessory structures on adjoining lots.
6.8 HOME OCCUPATIONS.
6.8.1 Purpose. The provisions of this section are intended to accommodate limited
business uses in dwellings, conducted by the residents thereof, in order to promote
wider economic opportunities for Lexington residents, while at the same time
protecting residential neighborhoods from adverse impacts.
6.8.2 Applicability. The provisions of this section shall apply to all permitted home
occupations except where specifically stated otherwise.
6.8.3 Accessory Use. Home occupations shall be considered accessory uses to the
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principal residential use of a dwelling, and shall be conducted by a resident of the
dwelling. A home occupation shall be incidental to the principal use as a residence,
but need not be a use that is customarily associated with residential use.
6.8.4 Maintenance of Residential Character. There shall be no exterior indication of the
home occupation, except as provided herein in the form of off-street parking:
1. The business shall not require alterations to the exterior of the building.
2. There shall be no exterior storage of materials, supplies, or equipment related to
the business.
3. There shall be no sign indicating the business.
6.8.5 Number of Home Occupations. More than one home occupation may be
established in a dwelling, subject to the use regulations of § 3.1, but all home
occupations combined shall not exceed any of the standards of this section.
6.8.6 Hours of Operation. Business visits to a home occupation shall be limited to the
hours from 7:00 a.m. to 9:00 p.m., unless otherwise authorized by special permit.
6.8.7 Employees.
1. A minor home occupation or instruction home occupation shall have no
nonresident employee, contractor, or partner.
2. A major home occupation shall have no more than one full-time nonresident
employee, contractor, or partner (or the equivalent thereof) on the premises at any
one time.
3. The number of nonresident employees working at off-premises locations is not
limited, provided that such employees do not regularly visit the premises.
6.8.8 Commercial Vehicles, Pickups and Deliveries.
1. Vehicles used to deliver goods to the home-based business shall be limited to
passenger vehicles, mail carriers, and panel trucks or small vans such as used by
express package carriers and office supply companies.
2. Pickups and deliveries shall not exceed those normally and reasonably occurring
at a residence and shall not include more than an average of two pickups and
deliveries of products or materials per day.
6.8.9 Parking. A major home occupation shall provide off-street parking spaces for the
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home occupation, in addition to spaces for the dwelling unit, as follows:
1. One parking space shall be provided for a nonresident employee, partner, or
contractor regularly working on the premises;
2. When a home occupation requires a special permit, the SPGA may require, at its
discretion, the provision of up to one parking space for each client or customer
expected to visit the premises at one time, if site-specific conditions warrant it.
Provision of such a space shall be in addition to parking required for the dwelling
unit and nonresident employees.
6.8.10 Environmental Impacts. The operation of the home occupation may not use
and/or store hazardous materials (as defined in MGL c. 21E, § 2) in excess of
quantities permitted in residential structures.
6.9 SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS.
6.9.1 Purpose. This section is intended to:
1. Ensure that the development of multiple dwellings does not detract from the
livability, scale, character or economic value of existing residential neighborhoods;
2. Encourage greater diversity of housing opportunities in Lexington to meet the
needs of a population which is diversified with respect to number of persons in a
household, stage of life, and income;
3. Encourage the development of affordable housing;
4. Promote development proposals designed with sensitivity to the characteristics of
the site that otherwise might be limited by application of uniform, largely geometric
standards;
5. Permit different types of structures and residential uses to be combined in a
planned interrelationship that promotes an improved design relationship between
new buildings and public facilities and common open space;
6. Preserve historically or architecturally significant buildings or places;
7. Encourage the preservation and minimum disruption of outstanding natural
features of open land and to minimize impacts on environmentally sensitive areas;
8. Encourage sustainable development through the use of green building practices
and low-impact development techniques;
9. Promote the efficient and economical provision of public facilities such as utilities
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and streets and facilitate a detailed assessment, by Town officials and the public, of
the adequacy of such facilities and services for the proposed level of development.
6.9.2 Applicability. A special permit residential development is a project in which one or
more lots, tracts, or parcels of land are to be improved for use as a coordinated site
for housing. No special permit residential development shall be initiated without
first obtaining a special permit in accordance with the provisions of this section. The
purpose of the special permit is to provide detailed review of residential
developments that have a substantial impact upon the character of the Town,
adjacent residential areas and the provision of public facilities and services.
6.9.3 Types of Special Permit Residential Development.
1. A site sensitive development (SSD) is the development of a parcel with
configurations of lots allowing flexibility and creativity in residential development
through reductions in minimum lot area and frontage requirements in order to
minimize site disturbance, preserve historic and sensitive natural resources, and
allow for efficient patterns of construction to lower development cost. The number
of dwellings in a site sensitive development may not exceed the number of
dwellings that could be constructed in the development of a conventional
subdivision. [Amended 4-9-2014 ATM by Art. 32]
2. A balanced housing development (BHD) is a development allowing deviation from
the dimensional standards that apply to developments in conventional subdivisions
in order to achieve a balance of housing choices for a diversity of household types
and sizes. Instead of determining density by minimum lot area and frontage
requirements, the amount of residential development for the tract as a whole is
based on calculations of gross floor area and impervious surface area derived from a
conventional development plan for the tract of land. [Amended 4-9-2014 ATM by Art. 32]
3. A public benefit development (PBD) is a type of balanced housing development
that allows increases in gross floor area and impervious surface area in return for
the creation of 10% of the units as affordable housing.
6.9.4 Scale of Development. An applicant is not entitled to the maximum development,
nor is the applicant entitled to approval of a special permit residential development.
The amount of development permitted will be based on a fully complying proof plan
and the SPGA's evaluation of the extent to which the proposed development
complies with the criteria set forth-below.
6.9.5 Dimensional Standards. The requirements of § 135-4.0 are modified as follows:
1. Lot area. There is no minimum lot area required. Individual lot area shall be
sufficient to meet off-street parking requirements of this bylaw and the installation
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of any on-site water supply and sewage disposal facilities.
2. Frontage. There is no minimum frontage required. Frontage for each lot shall be
sufficient to provide for adequate access to the building site. Where shared
driveways or other circumstances render frontage on a street to be of no
importance, none is required.
3. Yard and Height Requirements. Yards required by §135-4.0 and the height limit of
§135-4.3.5 apply to the perimeter of the site, but are not applicable within the site.
[Amended 3-30-2016 ATM by Art. 39]
4. Site coverage. There is no maximum site coverage limit for individual lots. Site
coverage for the development tract as a whole is limited as described below.
6.9.6 Gross Floor Area Standards.
1. Site sensitive developments (SSD). The total gross floor area (GFA) in an SSD may
not exceed the sum of the gross floor area that would be permitted on each of the
lots shown on the proof plan under §135-4.4 of this bylaw. [Amended 3-30-2016 ATM by
Art. 41]
2. Balanced housing developments. The total gross floor area (GFA) of all structures
in a BHD shall be less than the number of lots shown on the proof plan multiplied by
7,200 square feet.
3. Public benefit developments. The total gross floor area (GFA) of all structures in a
PBD shall be less than the number of lots shown on the proof plan multiplied by
8,640 square feet.
6.9.7 Dwelling Unit Count and Limitations on Unit Size.
1. Site sensitive developments. The number of dwellings in a SSD shall not exceed
the number of dwellings shown on the proof plan.
2. Balanced housing developments. The number of dwelling units permitted in a
BHD is not limited. At least 25% of the dwelling units must have a GFA not larger
than 2,700 square feet, and at least 50% of the dwelling units must have a GFA not
larger than 3,500 square feet.
3. Public benefit developments. The number of dwelling units permitted in a PBD is
not limited. At least 25% of the dwelling units must have a GFA not larger than 2,700
square feet, and at least 50% of the dwelling units must have a GFA not larger than
3,500 square feet. In addition, 10% of the total number of dwelling units in the
development must be affordable to households earning no more than 80% of the
area median income.
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6.9.8 Impervious Surface Standards.
1. Site sensitive developments. The impervious surface limit in a SSD is based on the
proof plan. The limit for the development as a whole is calculated as follows:
Step 1: Determine the area in square feet of each lot shown on the proof plan. For
each lot in a RS or RT District, multiply its lot area by 0.20; for each lot in the RO
District, multiply its lot area by 0.12.
Step 2: Determine the total area of the impervious surfaces contained on the
proof plan that are not contained within lots, such as roads, sidewalks, and similar
surfaces.
Step 3: The impervious surface limit for the SSD is the sum of the impervious surface
calculations from Step 1 and 2.
2. Balanced housing developments. The impervious surface limit in a BHD is
calculated in the same manner as that of a SSD.
3. Public benefit developments. The impervious surface limit in a PBD is calculated in
the same manner as that of a SSD and increased by 20%, i.e. multiplied by 1.20.
6.9.9 Site Coverage Standards.
1. For site sensitive developments, the site coverage limit is based on the proof plan.
The limit for the development as a whole is calculated as follows:
Step 1: For each lot on the proof plan, multiply its lot area in square feet by 0.15
for lots in RS and RT districts, and by 0.09 for lots in RO Districts.
Step 2: The site coverage limit for the SSD as a whole is equal to the sum of the
individual lot site coverage calculations determined in Step 1.
2. For balanced housing developments, there is no site coverage limit.
3. For public benefit developments, there is no site coverage limit.
6.9.10 Common Open Space Standards.
1. Minimum common open space. At least 33% of the developable site area in a BHD
or PBD shall be set aside as common open space. A maximum of 20% of common
open space may be devoted to parking or structures used for, or accessory to, active
outdoor recreation, provided such parking or structures are consistent with the
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open space uses of such land.
2. Location; condition. Where required or provided, common open space shall be
land that may be in one or more parcels of a size and shape appropriate for the
intended use and available for use by all occupants of a development.
3. Easement. When such open space is conveyed to persons or entities other than
the Town, an easement over such land shall be granted to the Town to ensure its
perpetual use as open space, conservation, recreation or park land.
6.9.11 Ownership of Open Space. Common open space may be conveyed to:
1. The Town, subject to acceptance, to ensure its perpetual use as open space,
conservation, recreation or park land; or
2. A legal association comprised of the owners of the development, which may
include homeowners or owners of condominium or cooperative units; or
3. A nonprofit organization, the principal purpose of which is the conservation of
open space.
6.9.12 Streets and Drives. The objective of this section is that adequate access for fire-
fighting, medical and other emergency operations be provided from the public
street system to each site sensitive, balanced housing, or public benefit
development, as follows:
1. Connection to public street system. Each street and interior, drive, or system of
streets or interior drives, shall connect to a public street.
2. A dead-end interior drive will be treated in the same manner as a dead-end
street, and is subject to the provisions governing a dead-end street that are found in
the Subdivision Regulations. [Amended 3-23-2016 ATM by Art. 37]
3. In a development served by a dead-end street or dead-end interior drive, a
secondary means of access may be required in order to provide adequate access for
fire-fighting, medical and other emergency vehicles. The Fire Chief will be consulted
as to the adequacy of the access.
6.9.13 Compliance with Other Rules and Regulations. The construction of community
services, such as utilities, and of streets and interior drives shall comply with the
requirements of the Planning Board's Subdivision Regulations. [Amended 3-23-2016
ATM by Art. 37]
6.9.14 Modification by Special Permit. The SPGA may, as part of the grant of a special
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permit, modify the requirements of §§ 6.9.8 and 6.9.9, and the following provisions,
as they may apply to individual dwellings or lots within a special permit residential
development:
Bylaw Provisions SSD BHD PBD
Number of dwellings on a lot No Yes Yes
Lot width Yes Yes Yes
Contiguous developable site area Yes Yes Yes
Location of off-street parking spaces Yes Yes Yes
Setbacks required for parking spaces
and driveways
Yes Yes Yes
Subdivision of land in relation to lots
or buildings that are nonconforming
or would not comply with this bylaw
as a result of the proposed
development
Yes Yes Yes
6.9.15 Types of Dwellings. The SPGA may, as part of the grant of a special permit, allow
the following types of dwellings:
Type of Dwelling SSD BHD PBD
One-family detached Yes Yes Yes
Two-family (*Yes in RT District) No* Yes Yes
Townhouse No Yes Yes
6.9.16 Accessory Apartments. The SPGA may authorize accessory apartments, as
described in §6.7 of this bylaw, to be created within a site sensitive development.
[Amended 4-9-2014 ATM by Art. 32; 3-30-2016 ATM by Art. 40]
6.9.17 Conversion. The SPGA may authorize an existing structure that was constructed at
least 10 years prior to the date of application for approval of the special permit, to
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be converted to a residential use not otherwise permitted. The special permit shall
incorporate by reference the building design and definitive site development plans
filed with the application for a special permit, and, where applicable, any legally
binding document that has been submitted to ensure the completion and continued
availability of any proposed improvement or compliance with special conditions. In
order to grant the permit the SPGA shall determine that:
1. The structure can be modified for a residential use that does not have adverse
impacts on any adjacent one-family neighborhood;
2. The exterior character of the structure is maintained and is compatible with any
adjacent neighborhood of one-family dwellings;
3. Modification of the existing structure maintains more of the site as open space
than the alternative of removal of the structure and further subdivision of the lot
into house lots.
6.9.18 SPGA. The Planning Board shall be the special permit granting authority for all
special permit residential developments. The Planning Board may grant any special
permits that are required for the special permit residential development,
notwithstanding provisions of this bylaw designating a different special permit
granting authority.
6.9.19 Criteria. The SPGA may only grant a special permit if it makes a determination
that the proposed development is consistent with the standards and criteria set
forth in § 9.4.2 and the following additional criteria:
1. Where there is common open space, it shall include, as applicable:
a. Some, or all, of the outstanding natural features of the site and of the man-
made features, including but not limited to stone walls, that enhance the land
form;
b. Land that increases visual amenities for residents of the development and of
the adjacent neighborhood;
c. One or more paths or entry points specifically designed for access purposes.
2. The dwellings are sited and oriented in a complementary relationship to: each
other, the common open space, and the adjacent properties with respect to scale,
mass, setback, proportions and materials;
3. Negative visual impacts of the development, if any, are screened from adjacent
properties and nearby streets by landscaping or other site planning techniques;
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4. Where opportunities exist, improved access is provided to, or additional links and
connections are developed to, a Town system of public facilities, such as open
space, recreation facilities, footpaths or bicycle paths;
5. Any building which contains more than one dwelling unit is designed so that
either:
a. The building has the exterior appearance of a one-family dwelling; or
b. If two-family dwellings and/or townhouses are constructed, each individual
dwelling unit has access to ground level and an opportunity for a private yard,
patio, or other private outdoor space;
6. There are provisions for common facilities, such as recreation or parking, or for
services such as the maintenance of streets, walkways or paths, utilities, landscaping
or recreation facilities;
7. Where there are sufficient dwelling units, the layout of the street(s) and interior
drive(s) will accommodate vehicles, other than automobiles, that are used in local
transportation services.
8. To the extent practicable, sustainable development techniques, including green
buildings, have been utilized.
9. A public benefit development shall meet the following criteria:
a. There are sufficient benefits to the adjacent neighborhood and the Town
generally to warrant an increase in the maximum development otherwise
permitted; and
b. Legally binding documents have been submitted that insure that affordable
units will continue to be available to eligible households in perpetuity. An
affordable unit shall be subject to maximum household income established for
that unit, based on the area median income (AMI) as annually determined by
the U.S. Department of Housing and Urban Development, assuming one more
person in the household than the number of bedrooms in the unit. Eligible
households shall have incomes no greater than 80% of the AMI.
6.10 SHORT TERM RENTALS. [Added 11-18-2020-2 STM by Art. 10]
6.10.1 PURPOSE.
The purposes of this section are to:
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1. Provide a process through which certain residential dwelling units and bedrooms
within dwelling units may be registered with the Town of Lexington for use as
“short-term rentals”;
2. Provide health and safety standards for short-term rentals; and
3. Provide for the orderly operation of short-term rentals within the Town’s
residential neighborhoods.
6.10.2 DEFINITIONS.
Short-term rental: Any rental of a residential dwelling unit, or of a bedroom within a
dwelling unit, in exchange for payment, as residential accommodations for a duration of
less than thirty (30) consecutive days, but not a bed-and-breakfast home, hotel, or motel.
Short-term renter: Any person or persons occupying a dwelling unit, or a bedroom within
a dwelling unit, as a short-term rental.
Short-term rental operator: The person or persons offering a dwelling unit or bedroom
within a dwelling unit, for short-term rental, with the written permission of the owner,
condominium association, and homeowners association where applicable.
Operator-occupied short-term rental: The short-term rental of a dwelling unit, or of
individual bedrooms within a dwelling unit, that is the primary residence of its operator.
Operator-adjacent short-term rental: The short-term rental of a dwelling unit, that is not
the primary residence of the operator, but is located within a dwelling with a total of four
or fewer dwelling units where one of the dwelling units in the building is the primary
residence of the operator.
6.10.3 REQUIREMENTS. Operator-occupied, and operator-adjacent short-term rentals
are permitted as an accessory use to a permitted principal residential use, subject to the
following requirements:
1. No dwelling unit, or bedroom within a dwelling unit, may be used as a short-term
rental except in compliance with this bylaw.
2. The following dwelling units may not be used as short-term rentals:
i.Dwelling units designated as affordable or otherwise income-restricted, which
are subject to affordability covenants or are otherwise subject to housing or
rental assistance under local, state, or federal programs or law;
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ii. Accessory Apartments as defined in Section 6.7; and
iii. Any dwelling unit in violation of the State Sanitary Code, 105 CMR 410.
3. All short-term rental operators shall register with the Building and Zoning Office
prior to short-term rental use and occupancy in conformance with Section 6.10.5
below.
4. A short-term rental operator may make available no more than one (1) dwelling
unit for operator-occupied short-term rentals, which may include the separate
short-term rental of no more than three (3) individual bedrooms, and one (1)
dwelling unit for operator-adjacent short-term rentals, which may be rented only
as a whole unit to one (1) party of short-term renters at any one (1) time and may
not be rented as separate bedrooms to separate parties.
5. A short-term rental shall be limited to parking of one (1) vehicle per lawful
bedroom in the short-term rental.
6. The short-term rental operator or their agent shall maintain an up-to-date log of
all occupants that occupy the short-term rental, which shall contain the
occupants’ names, ages, and dates of commencement and expiration of each
short-term rental period. The log shall be available for inspection by the Town’s
Board of Heath and Department of Public Safety in case of emergency. The
purpose of this requirement is to ensure that the Town shall have basic
identifying information of all occupants of the short-term rental at all times.
7. The short-term rental operator must be current with all town taxes, water, and
sewage charges.
8. All short-term rental operators shall maintain liability insurance appropriate to
cover the short-term rental use.
9. During any period of seven (7) or more consecutive days when the short-term
rental operator is away from the dwelling unit, an operator-occupied short-term
rental may be rented only as a whole unit and not rented as separate bedrooms
to separate parties.
10. The number of bedrooms made available for operator-occupied short-term
rentals within a dwelling unit shall not be greater than the number of lawful
bedrooms in the dwelling unit.
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11. Renting for an hourly rate, or for rental durations of less than ten (10) consecutive
hours, shall not be permitted.
12. Short-term rentals shall not exceed in the aggregate, one-hundred-twenty (120)
consecutive or nonconsecutive calendar days per year when the short-term rental
operator is not occupying the dwelling unit during the entire term of the short-
term rental.
6.10.4 REGULATIONS. The Building Commissioner shall have the authority to
promulgate regulations to carry out and enforce the provisions of this Section 6.10
“Short-Term Rentals.”
8.4.5 REGISTRATION, INSPECTION AND FEES.
1. All dwelling units, or bedrooms within a dwelling unit, offered for short-term
rentals shall register with the Town, secure a Certificate of Registration according to
standards set forth by the Building Commissioner, and pay all associated fees. The
Certificate of Registration shall require the short-term rental operator to agree to
abide by the requirements of this Section 6.10.
2. It is the responsibility of the short-term rental operator to renew its Certificate of
Registration on an annual basis or upon change of operator or owner.
3. Prior to issuing or renewing a certificate of registration, the Building and Zoning
Office shall conduct an inspection to verify that each dwelling unit, or bedroom
within a dwelling unit, to be rented to short-term renters meets the requirements of
this Section 6.10.
4. Units shall be annually recorded in the Short-Term Rental Registry for a fee set by
the Select Board.
6.11 SOLAR ENERGY SYSTEMS. [Added 11-19-2020 STM by Art. 13 *Art. 13 lists “Solar
Energy Systems” as section 6.10, however the article allows for changes in section
numbers and the section was changed to 6.11]
1. Purpose and Intent.
As a Green Community, Lexington promotes the installation and use of all
Energy Systems within the community. The purpose of this section is to establish
standards for permitting, placement, design, construction, operation,
monitoring, modification and removal of such installations; while protecting
public safety; protecting against undesirable impacts on residential property and
neighborhoods; protecting scenic, natural and historic resources; and protecting
or providing for wildlife corridors. Lexington intends to promote the creation of
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Energy Systems per MGL. c.40A, §3 and the Green Communities Act, MGL.
c.25A, §10, while meeting sustainability initiatives for a sustainable Lexington.
2. Applicability.
a. The construction and operation of all proposed Solar Energy Systems shall
be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction, electrical,
communications and aviation requirements.
b. All buildings and structures forming part of a Solar Energy System shall be
constructed per the State Building Code and approved by the Building
Commissioner.
3. Design Standards.
a. The Planning Board may adopt regulations providing reasonable design
standards for Solar Energy Systems constructed under MGL c. 40A, § 3. The
standards shall not be more restrictive than those applied to other structures.
b. The Planning Board may adopt regulations providing for the maintenance
and eventual removal of Large-scale Solar Energy Systems and securing the
performance thereof.
c. Large-scale and Small-scale Solar Energy Systems shall not be located in the
front, side, or rear required Yard.
d. The permit granting authorities may waive any standards in this Bylaw
which are not reasonable as applied in a particular case or which effectively
prohibit the protected use.
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SECTION 135-7.0
SPECIAL DISTRICT REGULATIONS
7.1 NATIONAL FLOOD INSURANCE (NFI) DISTRICT.
7.1.1 Purpose. The purpose of this district is to insure public safety through reducing
the threats to life and personal injury; eliminate new hazards to emergency
response officials; prevent the occurrence of public emergencies resulting from
water quality, contamination, and pollution due to flooding; avoid the loss of utility
services which if damaged by flooding would disrupt or shut down the utility
network and impact regions of the community beyond the site of flooding; eliminate
costs associated with the response and cleanup of flooding conditions, and reduce
damage to public and private property resulting from flooding waters.
7.1.2 Overlay District. The NFI District shall not supersede other zoning districts but
shall be deemed to be superimposed over these other zoning districts.
7.1.3 Location. The NFI District includes all special flood hazard areas within the Town
of Lexington designated as Zone A and AE on the Middlesex County, Massachusetts
Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance Program. The
map panels of the Middlesex County FIRM that are wholly or partially within the
Town of Lexington are panel numbers 0382F, 0384F, 0392E, 0401E, 0402E, 0403E,
0404E, 0408E, 0411E, 0412E, 0414E, and 0416E, in effect as of July 6, 2016. The
exact boundaries of the District may be defined by the one-hundred-year base flood
elevations shown on the FIRM and further defined by the Middlesex County Flood
Insurance Study (FIS) report, in effect July 6, 2016. The FIRM and FIS report are
incorporated herein by reference and are on file with the Town Clerk and available
on the Town website. [Amended 3-23-2016 ATM by Art. 36]
7.1.4 Base Flood Elevation and Floodway Data.
1. Floodway data. In Zones A and AE, along watercourses within the Town of
Lexington that have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
2. Base flood elevation data. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or five acres, whichever is the
lesser, within unnumbered A Zones.
7.1.5 Notification of Watercourse Alteration. In a riverine situation, the Conservation
Administrator shall notify the following of any alteration or relocation of a
watercourse: adjacent communities, NFIP State Coordinator, and NFIP Program
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Specialist.
7.1.6 Use Regulations.
1. All man-made changes to improved or unimproved real estate, including but not
limited to building or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations in the NFI District, including structural and
nonstructural activities, whether permitted by right or by special permit must be in
compliance with MGL c. 131, § 40 and with the following:
a. Sections of the Massachusetts State Building Code (780 CMR) which address
floodplain and coastal high hazard areas; [Amended 3-23-2016 ATM by Art. 36]
b. Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
d. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5);
2. Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required variance
procedures of these state regulations.
3. In Zones AE, along watercourses within the Town of Lexington that have a
regulatory floodway designated on the Middlesex County FIRM Map,
encroachments are prohibited in the regulatory floodway which would result in any
increase in flood levels within the community during the occurrence of the base
flood discharge.
4. All subdivision proposals must be designed to assure that:
a. Such proposals minimize flood damage;
b. All public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure to flood hazards.
5. Existing contour intervals of site and elevations of existing structures must be
included on plan proposal.
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7.1.7 Floodplain Administrator.
The Town Manager or their designee shall serve as the official Floodplain
Administrator for the Town of Lexington. [Amended 3-22-2021 ATM by Art. 42]
7.2 TRANSPORTATION MANAGEMENT OVERLAY DISTRICT.
7.2.1 Purpose. The Town may create Transportation Management Overlay (TMO)
Districts that allow greater opportunity for facilitating effective multi-modal
transportation networks that increase the quality of life in Lexington through
improved traffic management and mitigation to that outlined in §§ 5.1 and 5.5,
consistent with the following principles:
1. Multimodal consideration. To ensure that the safety and mobility of all users of
the circulation and transportation systems, including vehicles, public transit,
pedestrians and cyclist, are considered equally;
2. Context sensitive design. To incorporate, throughout project planning, design, and
construction, the overarching principles of Context Sensitive Design, including
attention to scenic, aesthetic, historic, and environmental resources; and
3. Clear process. To develop and implement plans adopted through a broad-based,
clear and transparent process.
7.2.2 Overlay District. A TMO District shall not supersede other zoning districts, but
shall be deemed to be superimposed over these other zoning districts, except that if
an applicant elects to comply with the requirements in this section, this section shall
supersede §§ 5.1 and 5.5.
7.2.3 Applicability. The provisions of this section shall apply to developments located
within a TMO District that elect to comply with the requirements of this section,
rather than complying with §§ 5.1 and 5.5. Notwithstanding anything set forth
herein to the contrary, an applicant may not make such an election until a plan for
the TMO District has been adopted by the Planning Board as described below. A
final certificate of occupancy shall not be issued unless or until all provisions of this
section have been satisfied, except for those conditions that by their terms are
intended to be satisfied after occupancy of the structures for which the certificate of
occupancy is sought.
7.2.4 Transportation Plan Required. The Planning Board, after consultation with the
Select Board and an advertised public meeting, shall adopt a specific plan for each
TMO District containing the following elements:
1. Assessment of the impacts of reasonably anticipated future development in the
TMO District considering current zoning bylaws and other legal and physical
constraints;
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2. Analysis of existing capital improvement plans or the facilities element of a plan
adopted under MGL c. 41, § 81D;
3. Cost projections for transportation infrastructure improvements required to
address the impacts generated by the anticipated development in the TMO District,
including the potential impact on nearby residential streets and neighborhoods;
4. Analysis of other reasonably anticipated sources of funding;
5. Required transportation mitigation fees in accordance with a methodology
determined pursuant to this study;
6. Off-street parking and loading requirements for the TMO District;
7. Parking and Transportation Demand Management techniques reasonably
calculated to reduce the number of vehicle trips generated by developments in the
TMO District and to ensure the long term stability of the transportation system;
8. An implementation program that defines and schedules the specific municipal
actions necessary to achieve the objectives of the plan; and
9. A plan to encourage voluntary participation in TDM programs by those not
required to participate. The plan shall be updated periodically to reflect actual
development activity, actual costs of infrastructure improvements completed or
underway, plan changes, or amendments to the zoning bylaws.
7.2.5 Transportation mitigation fee. The imposition of a transportation mitigation fee
shall not prevent the Town from imposing fees it may otherwise impose under local
bylaws. The payment of a transportation mitigation fee is required when an
applicant elects to proceed under this section, subject to the following:
1. Timing of payment. Payment of the transportation mitigation fee shall be in cash,
under terms and conditions specified in the TMO District plan.
2. Payment use. Any transportation mitigation fees paid to the Town are intended to
be used to fund transportation infrastructure improvements that are necessitated
by the proposed development of the applicant. Examples of appropriate uses
include the costs related to the provision of equipment, infrastructure, facilities,
services, or studies associated with the following: traffic mitigation; public
transportation; bicycle and pedestrian accommodations or other transportation-
related improvements. Except where deficiencies are exacerbated by the new
development, in which case the fee may be assessed only in proportion to the
deficiency so exacerbated, the fee shall not be expended for personnel costs,
normal operation and maintenance costs, or to remedy deficiencies in existing
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facilities. The expenditure of the fees without Town Meeting appropriation is
prohibited.
3. Rough proportionality and reasonable benefit to fee payer. The transportation
mitigation fee shall be determined by the TMO District plan described in § 7.2.4. The
fee shall be roughly proportionate to the impacts created by the development. The
purposes for which the fee is expended shall reasonably benefit the proposed
development.
7.2.6 Parking and Transportation Demand Management. Submission of a Parking and
Transportation Demand Management (PTDM) plan, which is consistent with the
TMO District plan described above, is required when an applicant elects to proceed
under this section. Compliance with the submitted PTDM plan shall be a condition
of any permit approvals.
7.2.7 Enforcement. Compliance with the PTDM plan submitted with an approved
permit application may be enforced through § 9.1.
7.2.8 Special Permit. Where a development electing to proceed under this section also
requires a special permit, the SPGA shall not grant the special permit unless it
imposes conditions, including transportation mitigation fees and parking and
transportation demand management requirements, to meet the goals of the TMO
District plan.
7.3 PLANNED DEVELOPMENT DISTRICTS. [Amended 4-9-2014 ATM by Art. 32; 3-23-2016
ATM by Art. 37; 4-25-2016 ATM by Art. 44]
7.3.1 Purpose. A planned development (PD) district is intended to:
1. Permit considerable flexibility in the development of tracts of land by requiring
few predetermined standards;
2. Permit a developer to propose, and for the Town to vote on, a site development
and use plan unique to a particular location;
3. Permit the use of development standards more detailed than the more general
standards elsewhere in this bylaw; and
4. Provide information for the Town to evaluate the potential impacts of a proposed
development and to enable the Town to require adherence to such site
development plans.
7.3.2 Provisions Applicable to PD Districts.
1. Standards for development. A PD District does not have predetermined standards
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for development. Such standards are to be proposed by the developer, included in
the preliminary site development and use plan, and approved by Town Meeting.
2. Uses permitted. Any uses may be permitted in a PD District if they are clearly
identified in the preliminary site development and use plan approved by Town
Meeting.
3. Compliance required. No use is permitted and no development may occur in a PD
District except in substantial conformity with a preliminary site development and
use plan approved by Town Meeting, the provisions of this section and site plan
review under § 9.5. In no case may the use or development be inconsistent with the
text of the preliminary site development and use plan.
4. Filings. Each petition presented to the Town Meeting for rezoning land to a PD
District shall include a preliminary site development and use plan describing the
proposed zoning provisions and development plan as described in the Planning
Board's rules and regulations. Two copies of the preliminary site development and
use plan, which accompanies a petition for a rezoning, shall be filed with the Town
Clerk and one copy with the Planning Board at least three weeks prior to the
Planning Board public hearing required to be held under MGL c. 40A. Subsequent to
that public hearing, revisions to the preliminary site development and use plan may
be filed with the Town Clerk and the Planning Board. The vote of the Town Meeting
shall refer to the preliminary site development and use plan and it shall be
considered part of the rezoning action.
5. Previous amendments. The preliminary site development and use plan for an
existing PD District that was approved by an earlier Town Meeting may be amended.
The proposed amendments shall be presented and acted upon in the same manner
set forth in this section for an original petition.
6. Application for site plan review. The application for site plan review under this
section shall be accompanied by a copy, certified by the Town Clerk, of the
preliminary site development and use plan approved by the Town Meeting.
7.3.3 Existing RD and CD Districts.
Existing CD and RD districts adopted under previous versions of this bylaw shall be
governed by the version of this bylaw in effect on 1 January 2016 only until they are
eliminated or amended. Any such elimination or amendment shall follow the procedures
in this section.
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7.3.4 Protected uses. [Added 11-19-2020-2 STM by Art. 13]
Notwithstanding other provisions of § 7.3 and any preliminary site development and use
plan, the following uses and structures protected by MGL c. 40A §3 shall be permitted in
any PD, CD, or RD district:
1. Building-mounted Solar Energy Systems shall be permitted by right
2. Canopy Solar Energy Systems, Large-Scale Solar Energy Systems, and Small-scale
Solar Energy Systems shall be permitted with site plan review under § 135-9.5.
7.4 CM District. [Added 11-12-2020-2 STM by Art. 16]
In addition to other standards set forth in this bylaw, the following standards shall apply to
development in the CM district.
7.4.1 Height Limits.
1. Height near streets. The difference between the upper elevation of each segment of
a building or structure and the centerline grade of any street or bikeway shall be no
greater than the distance from that segment to the centerline of a street multiplied by
1.0 or to the centerline of a bikeway multiplied by 2.0.
7.4.2 Outdoor amenities.
1. At least 15% of the developable site area of each lot shall be devoted to outdoor
amenities, including but not limited to courtyards, street-side or rooftop terraces,
plazas, or passageways for pedestrians or bicycles.
2. Outdoor amenities may be directed at the general public; directed at residents,
businesses and patrons, but open to the public; or private to a specific user.
3. For the purpose of this section, multiple lots may be considered as a single lot
where a binding agreement provides for shared use and maintenance of the
amenities.
4. The Planning Board may adopt design standards for outdoor amenities through
regulations.
7.4.3 Bedford Street front yard.
Along the southwesterly side of Bedford Street there shall be a front yard of 70 feet
measured from the base line of Bedford Street as shown on the Commonwealth of
Massachusetts layout 4689, dated June 3, 1958, and shown as auxiliary base line "F on
the State Highway Alteration layout 5016, dated August 30, 1960.
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7.4.4 Sustainable Design. The provisions below are intended to encourage construction of
sustainable buildings. Each of these provisions applies only if permitted by MGL c. 40A § 3
and other State law:
1. Buildings which are not designed to meet the requirements to demonstrate
certifiability at the Silver level using the LEED v4 for Building Design and Construction:
Core and Shell checklist, as outlined by the United States Green Building Council, are
limited to 65 feet in height.
2. Buildings utilizing on-site combustion for HVAC system operation are limited to six
stories.
3. The Planning Board in its regulations may establish additional standards for site plan
review under § 9.5 incorporating sustainability principles that result in a plan that is
responsive to the environment and actively contributes to the development of a more
sustainable community.
7.4.5 Special Permit.
The SPGA may grant a special permit modifying the requirements of § 7.4.
1. Amend the Zoning Map to rezone lots 69, 70A, and 81 on assessor’s map 84 into
the CM District.
2. Amend the Zoning Map to rezone lot 11 on assessor’s map 73 into the CM
District, lots 10A and 12 on assessor’s map 73 into the GC District, and remove any
remaining references to the CD-3 District from the Zoning Bylaw and Map.
3. Amend the Zoning Map to rezone lot 7 on assessor’s map 85 into the GC District.
4. Amend the Zoning Map to rezone the portions of lots 41F and 41G on assessor’s
map 84 currently in the CRO District into the CM District.
5. Amend the Zoning Map to rezone the portion currently in the CRO District of the
entire property shown on a plan recorded with the Middlesex South District Registry
of Deeds as Plan 400 of 1984, a portion of which is registered land, into the CM
District.
6. Amend the Zoning Map to rezone lots 55A, 56, 57, 58, 59, 60A, 61, 62A, 63A, 65, 66,
67, and 68 on assessor’s map 84 and the rights of way of Garwood Avenue and
Maywood Street into the GC District.
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SECTION 135-8.0
NONCONFORMING USES AND STRUCTURES
8.1 APPLICABILITY.
Except as herein after provided, this bylaw shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a building permit or special permit issued before the
first publication of notice of the public hearing on this bylaw or any amendments
thereto, but shall apply to any change or substantial extension of such use, to a building
permit or special permit issued after the first notice of said public hearing, to any
reconstruction, extension or structural change of such structure and to any alteration of
a structure begun after the first notice of said public hearing to provide for its use in a
substantially different purpose or for the same purpose in a substantially different
manner or to a substantially greater extent except where alteration, reconstruction,
extension or a structural change to a one-family or two-family residential structure does
not increase the nonconforming nature of said structure, as set forth below.
8.1.1 Commencement of Construction or Operation. Construction or operations under
a building permit or special permit shall conform to any subsequent amendments to
this bylaw, unless the use or construction is commenced within a period of not more
than six months after the issuance of the permit and in any case involving
construction, unless such construction is continued through to completion as
continuously and expeditiously as is reasonable.
8.2 NONCONFORMING USES.
8.2.1 Change or Substantial Extension. The SPGA may grant a special permit to change
or substantially extend a nonconforming use only if it determines that such change
or extension shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
8.2.2 Substitution. The SPGA may grant a special permit to substitute one
nonconforming use for another nonconforming use only if it determines that the
new use shall be less detrimental than the existing use to the neighborhood.
8.3 NONCONFORMING STRUCTURES OTHER THAN ONE-FAMILY AND TWO-FAMILY
RESIDENTIAL STRUCTURES.
The SPGA may grant a special permit to reconstruct, extend, alter or structurally change
a nonconforming structure other than a one-family or two-family structure (which are
governed by § 8.4, below), or to alter said structure to provide for a substantially
different purpose or for the same purpose in a substantially different manner or to a
substantially greater extent, in accordance with this section only if it determines that
such reconstruction, extension, alteration, or change shall not be substantially more
detrimental than the existing nonconforming structure to the neighborhood. No part of a
structure that does not conform to a minimum yard requirement shall be located closer
to a lot line than the closest point of the existing structure to such lot line. No part of a
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structure that does not conform to a height requirement shall be higher than the existing
structure.
8.4 NONCONFORMING ONE-FAMILY AND TWO-FAMILY RESIDENTIAL STRUCTURES.
No Increase in Nonconforming Nature. Nonconforming one-family and two-family dwellings
may be reconstructed, extended, altered, or structurally changed, or a new accessory structure
may be constructed, upon a determination by the Building Commissioner that the
nonconforming nature of the structure is not increased. Such determination will be deemed to
be as of right and the applicant entitled to the issuance of a building permit where each
structure is reconstructed, extended, altered, or changed so as to (a) contain the
improvements within the site coverage and height of an existing structure; or (b) comply with
the applicable yard and height requirements of §135-4.0, except that the side yard may be
reduced as noted below: [Amended 3-30-2016 ATM by Art. 39]
If Actual Lot Frontage Is Side Yard Must Be At Least
More than 75 feet but not more than 100
feet
12 feet
More than 50 feet but not more than 75
feet
10 feet
More than 0 feet but not more than 50 feet 7.5 feet
8.4.2 Increase in Nonconforming Nature. In the event that the Building Commissioner
determines the nonconforming nature of the structure is increased, the SPGA may
grant a special permit to allow such construction, reconstruction, extension,
alteration, or change where it determines that the proposed modification does not
create a new nonconformity and will not be substantially more detrimental to the
neighborhood than the existing nonconforming structure.
8.5 NONCONFORMING LOTS.
8.5.1 Changes to Nonconforming Lots. A lot that does not currently comply with the
dimensional requirements set forth in § 135-4.0 may be changed provided that such
change reduces or does not increase the extent of the existing nonconformity and
does not create a new nonconformity. Such change shall not cause the protected
status of the lot to be forfeited and the lot shall be considered a nonconforming lot.
8.5.2 Government Acquisition. If government acquisition of land causes a lot to be
rendered nonconforming, or more nonconforming, it shall not cause the protected
status of the lot to be forfeited and the lot shall be considered a nonconforming lot.
[Amended 4-9-2014 ATM by Art. 32]
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8.6 ABANDONMENT, DEMOLITION, OR NON-USE.
Any nonconforming use or structure which has been abandoned, demolished without
reconstruction, or not used for a period of two years, shall lose its protected status and
be subject to all of the provisions of this bylaw; provided, however, that the SPGA may
grant a special permit to authorize the reestablishment of a nonconforming use or
structure where such reestablishment shall not result in substantial detriment to the
neighborhood.
8.7 NONCONFORMING OFF-STREET PARKING AND LOADING.
[Amended 3-25-2015 ATM by Art. 52; 3-23-2016 ATM by Art. 37]
8.7.1 Existing Nonconforming Parking Spaces or Loading Bays. Any off-street parking
spaces or loading bays in existence on the effective date of this bylaw or thereafter
established, which serve a building or use, may not be reduced in number, or
changed in location or design contrary to the requirements of § 5.1 so as to increase
the degree of nonconformity with the requirements of § 5.1.
1. Change of Use. A use of an existing structure or lot which does not have sufficient
parking or loading, including a use which has no off-street parking or loading, may
be expanded or changed to a different type of use for which a different number of
parking spaces or loading bays is required as set forth in § 5.1.4 only if the net
increase in the number of required parking spaces or loading bays is provided in
conformity with § 5.1.
2. Increase in Floor Area. If it is proposed to increase the net floor area of a building,
whether by addition to the exterior of the building or by internal reconstruction,
and the building does not have sufficient off-street parking or loading bays, full
compliance with § 5.1 for the entire building shall be a condition of the issuance of a
building permit for the construction of the increase of net floor area.
3. Parking Spaces or Loading Bays in Existence. Parking spaces or loading bays
lawfully in existence which serve existing uses, are no longer required for those uses
under § 5.1, and comply with the design standards of § 5.1.13, as to dimensions,
loading bays, surfacing, and grade, may be transferred to a new, changed, or
expanded use in an existing structure, even if they do not conform to the
requirements of § 5.1.13 as to setbacks, snow storage, access for a parking lot, and
landscaping.
4. Parking Spaces or Loading Bays in Existence. Existing parking spaces or loading
bays that comply with the design standards of § 5.1.13, as to dimensions, loading
bays, surfacing, and grade, that are no longer required for existing uses under § 5.1,
may be transferred to a new, changed, or expanded use in an existing structure,
even if they do not conform to the requirements of § 5.1.13 as to setbacks, snow
storage, access for a parking lot, and landscaping.
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5. Credit. An applicant seeking credit for existing parking spaces or loading bays shall
first submit an off-street parking and loading plan, as provided in § 5.1.3, certified
by a registered land surveyor or professional engineer. If the existing paved area is
not marked off into parking spaces or loading bays, such spaces or bays, complying
with § 5.1.13 shall be delineated on the plan. To qualify, an existing parking space or
loading bay shall be entirely on the lot.
8.7.2 Reconstruction or Replacement of a Building.
1. If a building, for which sufficient off-street parking or loading is not provided, is
destroyed, damaged or demolished by the owner, the building may be
reconstructed or replaced if otherwise permitted by this bylaw, without providing
additional parking spaces or loading bays provided the new building has the same or
less net floor area and the new uses require the same or fewer parking spaces or
loading bays. If parking spaces or loading bays were provided before the
destruction, damage, or demolition, at least the same number of spaces or bays
shall be provided.
2. If the uses require a greater number of parking spaces or loading bays, or if more
net floor area is to be constructed than previously existed, full compliance with § 5.1
for the entire building shall be a condition of the issuance of any building permit for
the reconstruction or replacement of the building.
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SECTION 135-9.0
ADMINISTRATION AND PROCEDURES
9.1 ENFORCEMENT OFFICER; PENALTY; PERMITS; EXEMPTIONS.
9.1.1 Building Commissioner. The Building Commissioner appointed under the
provisions of MGL c. 143 and Chapter 753 of the Acts of 1968, as amended, is
hereby designated and authorized as the officer charged with the interpretation and
enforcement of this bylaw.
9.1.2 Violations. If the Building Commissioner is informed or has reason to believe that
any provision of this bylaw is being violated, he/she shall make or cause to be made
an investigation of the facts and inspect the property where such violation may
exist.
9.1.3 Enforcement. If upon such investigation and inspection he/she finds evidence of
such violation, he/she shall give notice thereof in writing to the owner and occupant
of said premises and demand that such violation be abated within such time as the
Building Commissioner deems reasonable. Such notice and demand may be given by
mail, addressed to the owner at his address as it then appears on the records of the
Board of Assessors of the Town and to the occupant at the address of the premises.
9.1.4 Further Action. If after such notice and demand the violation has not been abated
within the time specified therein, the Building Commissioner shall institute
appropriate action or proceedings in the name of the Town of Lexington to prevent,
correct, restrain or abate such violation of this bylaw.
9.1.5 Penalty. Anyone who violates a provision of this bylaw, or any condition of a
variance, site plan review decision or special permit, shall be punishable by a fine of
not more than $300 for each offense. Each day during which any portion of a
violation continues under the provisions of this section shall constitute a separate
offense.
9.2 BOARD OF APPEALS.
9.2.1 Establishment. There shall be a Board of Appeals of five members appointed by
the Select Board for five-year terms. The Select Board shall also appoint six associate
members of the Board of Appeals. The appointment, service and removal or
replacement of members and associate members and other actions of the Board of
Appeals shall be as provided for in MGL c. 40A.
9.2.2 Powers. The Board of Appeals shall have and exercise all the powers granted to it
by MGL Chapters 40A, 40B, and 41 and by this bylaw, including but not limited to
the following:
1. To hear and decide applications for special permits when designated as the SPGA
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herein.
2. To grant, upon appeal or petition, with respect to particular land or structures or
to an existing building thereon, a variance from the terms of this bylaw where,
owing to circumstances relating to the soil conditions, shape or topography of such
land or structures and owing to conditions especially affecting such parcel or such
building but not affecting generally the zoning district in which it is located, a literal
enforcement of the provisions of this bylaw would involve substantial hardship,
financial or otherwise, to the appellant, and where desirable relief may be granted
without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of this bylaw. The Board of
Appeals shall not grant use variances.
3. To hear and decide appeals taken by any person aggrieved by reason of his
inability to obtain a permit or enforcement action from any administrative officer
under the provisions of MGL c. 40A §§ 8 and 15 or by any person including an officer
or board of the Town aggrieved by an order or decision of the Building
Commissioner or other administrative official in violation of any provision of
Chapter 40A or of this bylaw.
4. To hear and decide comprehensive permits for construction of low or moderate-
income housing by a public agency or limited dividend or nonprofit corporation, as
set forth in MGL c. 40B, §§ 20 to 23.
9.2.3 Rules and Regulations. The Board of Appeals may adopt rules and regulations for
the administration of its powers.
9.2.4 Fees. The Board of Appeals may adopt reasonable technical review fees for
petitions for special permits, variances, administrative appeals, and applications for
comprehensive permits in accordance with its regulations.
9.3 PLANNING BOARD.
9.3.1 Establishment. Pursuant to MGL c. 41 and Chapter 753 of the Acts of 1968, there
shall be a Planning Board of five elected members.
9.3.2 Powers. The Planning Board shall have and exercise all the powers granted to it by
MGL Chapters 40, 40A and 41 and by this bylaw, including but not limited to the
following:
1. To hear and decide applications for special permits when designated as the SPGA
herein.
2. To review site plans pursuant to § 9.5.
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9.3.3 Associate Member. The Planning Board shall elect an associate member to serve
for one year, or until replaced. In the case where the Planning Board is the SPGA,
the Chairman of the Planning Board may have the associate member sit on the
Board for the purpose of acting on a special permit application, in the case of
absence, inability to act, or conflict of interest on the part of any member of the
Planning Board or in the event of a vacancy on the Board.
9.3.4 Rules and Regulations. The Planning Board shall adopt rules and regulations not
inconsistent with the provisions of the Zoning Bylaw for conduct of its business and
otherwise carrying out the purposes of said Chapter 40A and this bylaw, and shall
file a copy of such rules in the office of the Town Clerk.
9.3.5 Fees. The Planning Board may adopt reasonable administrative fees and technical
review fees for applications for special permits and site plan approval in accordance
with its regulations.
9.4 SPECIAL PERMITS.
9.4.1 Special Permit Granting Authority (SPGA). The special permit granting authority
(SPGA), as designated herein, may, in its discretion, grant a special permit for a use,
building, structure, sign, off-street parking or loading, modification of dimensional
standards, screening or landscaping, or other activity where it would not otherwise
be permitted but only in those cases where this bylaw specifically refers to a change
from the provisions of this bylaw by the granting of a special permit and only in
those cases where the SPGA makes the finding and determination set forth in that
Section and this § 9.4, if applicable. An applicant is not entitled to a special permit
and the SPGA, in its discretion, may decline to grant a special permit if it is unable to
make a positive finding and determination as required in § 9.4.2. The Zoning Board
of Appeals shall serve as the SPGA, except as set forth below:
1. The Planning Board shall serve as the SPGA for: [Amended 3-23-2016 ATM by Art. 38,
Amended 11-19, 2020-2 STM Art.14]
a. All special permits pursuant to §6.9, Special Permit Residential Developments.
b. All special permits in the Governmental-Civic Use (GC) District; and
c. When an activity or use requires both site plan review and one or more special
permits.
9.4.2 Criteria. Special permits shall be granted by the SPGA, unless otherwise specified
herein, only upon its written determination that the adverse effects of the proposed
use will not outweigh its beneficial impacts to the Town or the neighborhood, in
view of the particular characteristics of the site, and of the proposal in relation to
that site. The determination shall include consideration of each of the following:
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1. Specific factors set forth elsewhere in this bylaw for the proposed use or activity;
2. Social, economic, or community needs which are served by the proposal;
3. Traffic flow and safety, including parking and loading;
4. Adequacy of utilities and other public services;
5. Neighborhood character and social structures;
6. Impacts on the natural environment; and
7. Potential fiscal impact, including impact on Town services, tax base, and
employment.
9.4.3 Conditions for Approval of a Special Permit. In addition to the conditions,
standards and criteria as may be set forth in the section of this bylaw that refers to
the granting of the special permit, the SPGA may impose additional conditions and
limitations as it deems necessary to ensure that the finding and determination that
it must make under § 9.4.2 are complied with, including but not limited to:
1. Dimensional standards more restrictive than those set forth in § 135-4.0;
2. Screening or landscaping of principal or accessory uses from view from adjoining
lots or from a street, by planting, walls, fences or other devices; planting of larger
planting strips, with more or larger plant materials or higher walls or fences than
that required in § 5.3;
3. Modification of the exterior features or appearance of a building or structure;
4. Limitations on the size, number of occupants or employees, method or hours of
operation, extent of facilities or other operating characteristics of a use;
5. Regulation of the number, design and location of access drives or other traffic
features of the proposed use;
6. Provision of a greater number of off-street parking spaces or loading bays, and
with greater yard setbacks, landscaping and screening than the minimum standards
set forth in § 5.1;
7. Limitations on the number, location, type and size of signs or illumination, or
modification of the design features thereof;
8. Limitations on construction activities, such as but not limited to, the hours during
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which construction activity may take place, the movement of trucks or heavy
equipment on or off the site, and measures to control dirt, dust, and erosion and to
protect existing vegetation on the site;
9. Requirements for independent monitoring, at the expense of the applicant, and
reporting to the Building Commissioner, if necessary to ensure continuing
compliance with the conditions of a special permit or of this bylaw;
10. Limitations on the period of time the special permit shall be in effect; and
11. Such other limitation as may be reasonably related to reducing any adverse
impact on, or increasing the compatibility of the proposed use, structure or activity
with, the surrounding area.
9.4.4 Procedures. An application for a special permit shall be filed in accordance with
the rules and regulations of the SPGA.
9.4.5 Security for Special Permits.
1. General. The SPGA, as a condition of granting a special permit, may require that
the performance of the conditions and observance of the safeguards of such special
permit be secured by one, or in part by one and in part by the other, of the methods
described in the following provisions. The SPGA shall administer this securing of
performance by either:
a. A proper bond or a deposit of money or negotiable securities or letter of
credit, sufficient in the opinion of the SPGA to secure performance of the
conditions and observance of the safeguards of such special permit; or,
b. A covenant running with the land, executed and duly recorded by the owner
of record, whereby the conditions and safeguards included in such special
permit shall be performed before any lot may be conveyed other than by
mortgage deed. Nothing herein shall be deemed to prohibit a conveyance by a
single deed, subject to such covenant of the entire parcel of land, the
development of which is governed by the special permit.
2. Reduction of security. Until completion of the development the penal sum of any
deposit or security held under § 9.4 may from time to time be reduced by the SPGA
to an amount not less than 15% of the value of work originally estimated.
3. Release of security. Upon the completion of the development or upon
performance of the conditions and safeguards imposed by such special permit,
security for the performance of which was given, the applicant shall send by
registered mail to the SPGA an affidavit that the conditions and safeguards in
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connection with which such security has been given have been complied with. If the
SPGA determines that the conditions and safeguards of the special permit have
been complied with, it shall release the interest of the Town in such security, return
or release the security to the person who furnished the same, or release the
covenant by appropriate instrument, duly acknowledged. If the SPGA determines
that the conditions or safeguards included in the special permit have not been
complied with, it shall specify the conditions or safeguards with which the applicant
has not complied in a notice sent by registered or certified mail to the applicant.
4. Failure to act. If the SPGA fails to send such a notice within 60 days after it
receives the applicant's affidavit, all obligations under the security shall cease and
terminate, any deposit shall be returned and any such covenant become void.
5. Failure to complete work. Upon failure of the applicant to complete such work to
the satisfaction of the SPGA and in accordance with all applicable plans, regulations
and specifications, the Town shall be entitled to enforce such bond or to realize
upon such securities to the extent necessary to complete all such work without
delay.
9.4.6 Lapse. Special permits shall lapse if a substantial use thereof or construction
thereunder has not begun, except for good cause, within 24 months following the
filing of the special permit approval (plus such time required to pursue or await the
determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof)
with the Town Clerk.
9.5 SITE PLAN REVIEW.
9.5.1 Purpose. Site plan review is a means of managing the aesthetics and
environmental impacts of land use by the regulation of permitted uses, not their
prohibition. Its purpose is to assure protection of the public interest consistent with
a reasonable use of the site for the purposes permitted in the district.
9.5.2 Applicability. [Amended 11-19-2020-2 STM by Art. 11 A,B, and D]
1. This section applies to activities and uses for which site plan review is required
elsewhere in this Zoning Bylaw. The Planning Board or its designee will conduct site
plan review in accordance with this Section of the Zoning Bylaw and the Planning
Board Zoning Regulations. The following shall be exempt from site plan review:
a. Any new or expanded buildings resulting in an increase in total gross floor
area of less than 2000 square feet;
b. Any new or expanded structures resulting in an increase in total site
coverage of less than 1000 square feet;
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c. Any new or expanded parking areas resulting in eight or fewer additional
parking spaces; and
d. Any use of lands, buildings or structures for educational purposes by the
Lexington Public Schools on land owned or leased by the Town of Lexington
or Lexington Public Schools.
9.5.3 Coordination with Special Permit.
1. Where an activity or use requires both site plan review and one or more special
permits the Planning Board shall be the SPGA.
2. When both a special permit and site plan review are required, they shall be
considered together under the provisions of § 9.4.
9.5.4 Procedures for Site Plan Review.
1. Applicants shall submit an application for site plan review to the Planning Board.
2. The Planning Board shall promulgate, after public notice and hearing, Zoning
Regulations to effectuate the purposes and intent of this provision of this bylaw,
including definitions of major and minor site plans and delegating administrative
review to the Board's designee that will allow site plan review without a public
meeting for minor site plans. [Amended 3-23-2016 ATM by Art. 37]
3. A public hearing shall be required for every major site plan review. The hearing
will be advertised in the local newspaper no less than one week and no more than
two weeks prior to the public hearing. Notice will also be sent to landowners within
300 feet of each affected lot and published in the location designated for notices
under MGL.C.30A S20(c)(The Open Meeting Law) at least two weeks before the
hearing. [Amended 11-12-2020-2 STM by Art. 11C]
4. The Planning Board or its designee shall review and act upon the site plan,
requiring such conditions as necessary to satisfy the Review Standards, and notify
the applicant of its decision. The decision shall be in writing and shall be rendered
within 60 days of the date of application.
5. The applicant may request, and the Planning Board may grant by majority vote as
constituted, an extension of the time limits set forth herein.
6. The applicant shall satisfy or comply with all conditions of the site plan review
decision prior to the issuance of a building permit except for those conditions that
by their terms are intended to be satisfied during construction or later.
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7. Unless specifically authorized by the terms of the site plan review decision, a final
certificate of occupancy shall not be issued until the applicant has complied with or
satisfied all conditions of the site plan review decision.
9.5.5 Review Standards. The Planning Board in its regulations shall establish standards
for site plan review of activities and uses not covered by § 9.5.6 that will at a
minimum address the following: [Amended 3-31-2021 ATM by Art. 44]
1. Siting of facilities;
2. Sustainable, climate-sensitive, and environmentally-conscious site design
practices;
3. Open space, natural features, and the landscape, emphasizing the function of
natural, aesthetic, social, and reactional design;
4. Ecosystem function;
5. Circulation and connectivity that is safe and accessible for all;
6. Effective and efficient transportation systems and the adverse impacts of motor
vehicle transportation;
7. Protection of surface and groundwater quality;
8. Town character and historic significance;
9. Impacts on public services and facilities;
10. Signage;
11. Safety;
12. Potential adverse effects of development
9.5.6 Limited Review Standards. [Added 4-10-2019 ATM by Art. 39; Amended 11-19-2020-2 STM by
Art. 11, A,B, and D]
1. The Planning Board in its Zoning Regulations shall establish reasonable standards
for site plan review of educational, religious, and child care uses protected under
MGL c. 40A, § 3.
2. The standards shall not be more restrictive than those applied to activities and
uses under § 9.5.5.
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3. The standards shall address only the following areas. No applicant shall be
required to file any documents not related to these areas.
a. bulk and height of structures;
b. yard sizes and setbacks;
c. lot area;
d. open space;
e. parking; and
f. building coverage.
4. The Planning Board or its designee shall waive any standards which are not
reasonable as applied in a particular case or which effectively prohibit the protected
use.
5. The Planning Board or its designee may impose reasonable conditions necessary
to satisfy the standards not waived.
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SECTION 135-10.0
DEFINITIONS
10.1 DEFINITIONS.
In this bylaw, the following terms and constructions shall apply unless a contrary
meaning is required by the context or is specifically prescribed in the text of the bylaw.
Words used in the present tense include the future. The singular includes the plural and
the plural includes the singular. The word "shall" is mandatory and "may" is permissive or
discretionary. The word "and" includes "or" unless the contrary is evident from the text.
The word "includes" or "including" shall not limit a term to specified examples, but is
intended to extend its meaning to all other instances, circumstances, or items of like
character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be
considered as though followed by the words "or intended, arranged, or designed to be
used or occupied". The words "building," "structure," "lot," or "parcel," shall be
construed as being followed by the words "or any portion thereof." The word "person"
includes a firm, association, organization, partnership, company, or corporation, as well
as an individual. Terms and words not defined herein but defined in the Commonwealth
of Massachusetts state building code shall have the meaning given therein unless a
contrary intention is clearly evident in this bylaw.
ACCESSORY APARTMENT
A second dwelling unit subordinate in size to the principal dwelling unit on a lot,
located in either the principal dwelling or an accessory structure. The apartment is
constructed so as to maintain the appearance and essential character of a one-
family dwelling and any accessory structures. [Amended 3-30-2016 ATM by Art. 40]
ACCESSORY BUILDING
A building which is subordinate and customarily incidental to the principal building
and is located on the same lot.
ACCESSORY USE
A use that constitutes only an incidental or insubstantial part of the total activity
that takes place on a lot and is commonly associated with and integrally related to a
principal use. Even though a use may be a principal use in another situation, it may
be conducted as an accessory use in conjunction with another principal use.
ADULT DAY CARE
A social day care or adult day health facility as those terms are defined by the
Commonwealth's Department of Elder Affairs.
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ANTENNA
A device by which electromagnetic waves are sent or received (whether a dish, rod,
mast, pole, set of wires, plate, panel, line, cable or other arrangement serving such
purpose).
ARTISAN WORK
The creation, finishing, refinishing or similar production of custom or handmade
commodities, together with the retailing of such commodities.
ATTIC
A space between the top of the floor joists of the top story and the bottom of the
roof rafters that cannot be accessed by a stairway compliant with the building code.
[Amended 3-27-2017 ATM by Art. 41]
AVERAGE NATURAL GRADE
The average of the elevations of the natural grade of the four extreme corners of
the building or, in the case of a nonrectangular building, of such equivalent locations
as the Building Commissioner may determine.
BALANCED HOUSING DEVELOPMENT
A type of special permit residential development as defined in §6.9.
BANKING SERVICES [Added 11-19-2020-2 STM by Art. 12]
A bank, credit union, or any branch thereof, including electronic branches such as
automatic teller machines and cash dispensers.
BASEMENT
A space in a building having its floor surface entirely below average natural grade
and a height of at least six feet eight inches from its floor surface to the bottom of
the joists of the floor above. [Amended 3-27-2017 ATM by Art. 41]
BED-AND-BREAKFAST HOME
A private owner-operated establishment, as that term is defined in MGL c. 64G,
where three or fewer bedrooms are let overnight and a breakfast is included in the
rent, as an accessory use.
BEDROOM
A private room, however named, planned, intended or used for sleeping and
separated from other rooms by walls and a door.
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BILLBOARD
Any sign, regardless of size, which advertises, calls attention to or promotes for
commercial purposes any product, service or activity other than one manufactured,
sold or engaged in on the premises at which the sign is located.
BIOTECH MANUFACTURING
Manufacturing in the fields of biotechnology, medical, pharmaceutical, physical,
biological and behavioral sciences and technology, environmental science,
toxicology, genetic engineering, comparative medicine, bioengineering, cell biology,
human and animal nutrition including the production of equipment, apparatus,
machines and devices for research, development, manufacturing and advance and
practical application in any such field or area. [Added 4-24-2017 ATM by Art. 43]
BODY WORK, MOTOR VEHICLE
Repairs to motor vehicle bodies, including fenders, bumpers and similar
components of motor vehicle bodies, but not the storage of vehicles for the
cannibalization of parts. [Amended 4-9-2014 ATM by Art. 32]
BUILDING
A combination of materials having a roof and forming a shelter for persons, animals
or property. The word "building" shall be construed, where the context allows, as
though followed by words "or structure or part or parts thereof."
BUILDING COMMISSIONER
The Building Commissioner of Lexington or his/her designee.
BUSINESS OR PROFESSIONAL OFFICE
A building or part thereof, for the transaction of business or the provision of services
exclusive of the receipt, sale, storage, or processing of merchandise, including office
of a professional, advertising, editing, composition (but not a printer) employment
agency, civic or social association, office of a manufacturer's representative or
salesperson, flex office, and computer software and technology development.
[Amended 3-31-2021 ATM by Art. 44]
CAMOUFLAGED
A wireless service facility that is placed within an existing or proposed structure
disguised, painted, colored, or hidden by a compatible part of an existing or
proposed structure, or made to resemble an architectural feature of the building or
structure on which it is placed.
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CENTER STOREFRONT
The portion of the ground floor level of a building in the CB District that has frontage
on a public way or a public parking lot. [Added 3-25-2015 ATM by Art. 52]
CERTIFICATE OF OCCUPANCY
The certificate issued by the Building Commissioner which permits the use of a
building in accordance with approved plans and in compliance with the Zoning
Bylaw.
CHILD-CARE CENTER
A day-care center or school age child care program, as those terms are defined in
MGL c. 15D, § 1A.
CLINICAL MANUFACTURING
Early - stage clinical testing and manufacturing to achieve the development of drug
production and batch manufacturing. [Added 3-31-2021 ATM by Art. 44]
CLUB OR LODGE, PRIVATE
Buildings, structures and premises used by a nonprofit social or civic organization, or
by an organization catering exclusively to members and their guests for social, civic,
recreational, or athletic purposes which are not conducted primarily for gain and
provided there are no vending stands, merchandising, or commercial activities
except as may be required generally for the membership and purposes of such
organization.
CMR: CODE OF MASSACHUSETTS REGULATIONS
Regulations promulgated by agencies of the Commonwealth of Massachusetts.
CO-LOCATION
The use of a single mount by more than one carrier and/or several mounts on a
building or structure by more than one carrier. Each service on a co-location is a
separate wireless service facility.
COLOR RENDERING INDEX (CRI)
A measurement of the amount of color shift that objects undergo when lighted by a
light source as compared with the color of those same objects when seen under a
reference light source of comparable color temperature. CRI values generally range
from zero to 100, where 100 represents incandescent light.
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COMMERCIAL DISTRICT
Any district in Lexington whose designation begins with the letter "C" and any
district in an abutting city or town intended for commercial use. This shall not
include portions of residential districts where businesses are allowed as
nonconforming uses, by special permit, by variance, or otherwise.
COMMERCIAL VEHICLE
A registered motor vehicle used for business purposes which has advertising or the
logo of a business displayed, has equipment or tools used for business purposes
visible on the outside of the vehicle, has commercial registration plates, or has a
gross vehicle weight rating of 5,000 pounds or more. An automobile, van, pickup
truck or recreational vehicle which has commercial registration plates or a gross
vehicle weight rating of 5,000 pounds or more will not be considered to be a
commercial vehicle if it does not have advertising or equipment or tools visible on
the outside of the vehicle.
COMMON OPEN SPACE
Land within or related to a development which is not individually owned and is
designed and intended for the common use or enjoyment of the residents of a
development and may include such complementary structures and improvements
as are necessary and appropriate. [Amended 4-9-2014 ATM by Art. 32]
COMMUNICATION EQUIPMENT SHELTER
A structure designed principally to enclose equipment used in connection with
wireless communication transmission and/or reception. [Amended 4-9-2014 ATM by Art.
32]
CONCEALED
A wireless service facility within a building or other structure, which is not visible
from outside the structure.
CONGREGATE LIVING FACILITY
A non-institutional, shared living environment which integrates shelter and service
needs of functionally impaired and socially isolated older persons who are
otherwise in good health and can maintain a semi-independent life style and who
do not require constant supervision or intensive health care as provided by an
institution. See § 6.6.
CONVENIENCE BUSINESS USE
Sales for the convenience of customers or clients already on the premises.
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CONVENTIONAL SUBDIVISION
The division of a tract of land into two or more lots complying with the dimensional
standards set forth in this bylaw, accompanied by the construction of certain public
facilities, in accordance with MGL c. 41, §§ 81K to 81GG.
CRAWL SPACE
A space in a building having its floor surface entirely below average natural grade
and a height of less than six feet eight inches from the floor surface to the bottom of
the joists above. [Amended 3-27-2017 ATM by Art. 41]
CUTOFF ANGLE
The angle formed by a line drawn from the direction of the direct light rays at the
light source with respect to the vertical, beyond which no direct light is emitted.
DECK
An unroofed structure attached to or accessory to a building, constructed on a
structural frame, open under, the top surface of which is elevated above the
average level of the finished grade of the adjoining ground.
DEVELOPABLE SITE AREA
Developable site area shall be calculated by subtracting from the lot area all land
which is located in:
1. A "freshwater wetland" as defined in MGL c. 131, § 40, or land located under a
brook, creek, stream or river or pond or lake; and
2. Another zoning district in which the principal use of the lot is not also permitted.
DIRECT LIGHT
Light emitted from the lamp, off the reflector or reflector diffuser, or through the
refractor or diffuser lens, of a luminaire.
DISTRIBUTION CENTER
A building used primarily for the storage of goods and materials, for distribution, but
not for sale on the premises.
DRIVE-IN FOOD SERVICE
An establishment primarily for dispensing food or beverage for consumption in a car
on the premises.
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DRIVE-THROUGH FOOD SERVICE
An establishment primarily for dispensing food or beverage to persons in a car.
DRIVEWAY
An area on a lot which: is for the passage of motor vehicles (and not for storing or
standing of such vehicles except where serving four or fewer parking spaces), has an
all-weather surface, provides access and egress to and from a street or interior
drive, and leads to or from a parking space or loading bay (or its related
maneuvering aisle).
DWELLING
A structure, or part of a structure, which is designed or used primarily for human
habitation; contains one or more dwelling units; and is capable of separate
ownership. Characteristics of dwellings:
1. ONE-FAMILY DWELLINGA dwelling containing one dwelling unit which is not
attached to any other dwelling by any means and is surrounded by open space or
yards on all sides.
2. TWO-FAMILY DWELLINGA dwelling containing two dwelling units which is not
attached to any other dwelling by any means and is surrounded by open space or
yards on all sides.
3. TOWNHOUSEA dwelling containing three or more dwelling units in a row in which
each dwelling unit has its own front and rear access to the ground, no dwelling unit
is located over another dwelling unit, and each dwelling unit is separated from any
other dwelling unit by one or more party walls.
4. MULTIFAMILY DWELLINGA dwelling containing three or more dwelling units,
other than a townhouse.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living
quarters, with cooking, sleeping and sanitary facilities provided within the dwelling
unit for the exclusive use of a single family maintaining a household.
ERECTED
The word "erected" shall include the words "built," "constructed," "reconstructed,"
"altered," "enlarged," and "moved."
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ESSENTIAL SERVICES
Services provided by a public service corporation or by 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 overhand, but not including
wireless communications facilities. Facilities necessary for the provision of essential
services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar equipment in
connection therewith. Included are transformer stations, substations, pumping
stations (except as an accessory use), and telephone exchanges.
FAMILY
One or more individuals living together as a single housekeeping unit and occupying
one dwelling unit. For purposes of controlling residential density, not more than
four unrelated individuals shall constitute a family; any roomer living in the dwelling
unit shall be included in determining the number of unrelated individuals.
FAMILY CHILD CARE HOME
Any private residence operating a licensed facility as defined in MGL c. 15D, § 1A for
up to six children.
FAMILY CHILD CARE HOME, LARGE
Any private residence operating a licensed facility as defined in MGL c. 15, § 1A for
up to 10 children.
FAST-FOOD SERVICE
An establishment primarily for self-service or purchase of food or beverage at a
counter for consumption on the premises.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency administering the National Flood Insurance Program.
FIXTURE
The assembly that houses a lamp or lamps and which may include a housing, a
mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror,
and/or a refractor, lens, or diffuser lens.
FLEX OFFICE
A place where individual small business owners or employees, remote workers, or
freelancers can work alongside one another in a common space, or a business
incubator, where individuals working to launch a new business can rent space in
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which to perform office work and access shared resources such as printers,
scanners, and other tools and services such as financial counseling and
management training. A flex office may also be used for light manufacturing or
makerspace. [Added 3-31-2021 ATM by Art. 44]
FLOOD HAZARD BOUNDARY MAP (FHBM)
An Official Map of a community issued by FEMA where the boundaries of the flood
and related erosion areas having special hazards have been designated as Zone A or
E.
FLOOD INSURANCE RATE MAP (FIRM)
An Official Map of a community on which FEMA has delineated both the areas of
special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
An examination, evaluation, and determination of flood hazards, and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and
determination of flood-related erosion hazards.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation.
FLOOR AREA
1. FLOOR AREA RATIO, NONRESIDENTIAL The ratio of the sum of the net floor area
of all buildings on a lot to the developable site area of the lot.
2. GROSS FLOOR AREA The sum, in square feet, of the horizontal areas of a building
(or several buildings on the same lot) measured from the exterior face of the
exterior walls, or from the center line of a party wall separating two buildings,
including garages, basements, porches, and half stories. In half stories, all floor area
where the headroom is greater than five feet, measured from the top of the floor
joists of the top story to the bottom of the roof rafters, is included in the
measurement of gross floor area. Gross floor area does not include "crawl spaces,"
"attics," and "decks." Where the text of this bylaw refers to floor area, the term
means gross floor area unless the term net floor area is used. [Amended 3-27-2017 ATM
by Art. 41]
3. NET FLOOR AREA The sum, in square feet, of the occupiable or habitable area in a
building determined by either using 80% of the gross floor area, or by excluding the
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following from the calculation of gross floor area:
a. Areas used for parking or loading.
b. Areas devoted exclusively to the operation and maintenance of a building,
irrespective of its occupants, such as heating, ventilating, and cooling
equipment, electrical and telephone facilities, fuel storage, elevator machinery
or mechanical equipment.
c. The thickness of load-bearing walls, at each floor.
d. Elevator shafts and common stairways, and common hallways at each floor.
e. Porches, balconies, and fire escapes.
f. Areas used for a child care facility as provided herein.
FRONTAGE, LOT
The continuous portion of the line separating a lot from a street to which the owner
of the lot can provide the physical access to a principal building on the lot, in
compliance with applicable bylaws, regulations or laws, for motor vehicles to reach
required off-street parking spaces or loading bays, and for emergency services such
as fire protection or ambulance service, and for other vehicles to gain access to the
principal building for deliveries, such as mail.
FRONTAGE STREET
A street to which the owner of the lot has a legal right of access and which provides
the required lot frontage.
FULLY SHIELDED LUMINAIRE
A lamp and fixture assembly designed with a cutoff angle of 90° so that no direct
light is emitted above a horizontal plane.
FUNERAL PARLOR
A facility for the conducting of funerals and related activities such as embalming.
[Amended 3-23-2016 ATM by Art. 37]
GARAGE
A space in a building designed and intended for the parking or storage of motor
vehicles whether or not used for that purpose.
GLARE
Light emitted from a luminaire with an intensity great enough to produce
annoyance, discomfort, or a reduction in a viewer's ability to see.
HALF STORY
See "story, half."
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HEIGHT, BUILDING
The vertical distance between the lower elevation and the upper elevation, as
described below.
1. The lower elevation shall be the natural grade of the land at the point of
measurement prior to disturbance for construction. The elevation of the natural
grade prior to disturbance for construction shall be certified by a registered land
surveyor, or may be such elevation as the Building Commissioner may determine
from Town maps or records. In a case where the finished grade is lower than the
natural grade, the finished grade shall be the lower elevation.
2. The upper elevation shall be the highest point of any ridge, gable, other roof
surface, or parapet.
HEIGHT OF LUMINAIRE
The vertical distance from the finished grade of the ground directly below to the
lowest direct-light-emitting part of the luminaire.
HOME OCCUPATION
Any business, occupation, or activity undertaken for gain within a residential
structure, by a person residing in the structure that is incidental and secondary to
the use of that structure as a dwelling unit.
1. HOME OCCUPATION, INSTRUCTIONA home occupation that consists of teaching
that takes place inside the dwelling unit of the instructor. Typical instruction
includes music lessons and academic tutoring.
2. HOME OCCUPATION, MINORA home occupation with no nonresidential
employee, partner, or contractor working on the premises; no more than two
business-related visitors to the premises at a time; and no more than six business-
related visitors to the premises over the course of a day.
3. HOME OCCUPATION, MAJORA home occupation with no more than one
nonresident employee, partner, or contractor working on the premises and no more
than 10 business-related visitors to the premises over the course of a day.
HOTEL
An establishment providing lodging for guests on a short-term basis; dining rooms,
function rooms and other support services may be included. Access to the individual
sleeping rooms is through a lobby and interior corridors.
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IMPERVIOUS SURFACE
Any surface which reduces or prevents the absorption of stormwater into previously
undeveloped land. Examples are buildings, parking lots, driveways, streets,
sidewalks, and any areas surfaced with concrete or asphalt.
IMPERVIOUS SURFACE RATIO
The ratio of the sum of all impervious surfaces on a lot to the developable site area
of the lot.
INDOOR ATHLETIC AND EXERCISE FACILITY
A commercial enterprise offering athletic activities or exercise/fitness activities to
the general public for a fee; said facilities may have accessory restaurants and retail
sales open to patrons of the establishment and further said facilities may be used
for social or business gatherings.
INTERIOR DRIVE
A roadway which is privately owned and maintained and serves a residential or
commercial development. It may have many of the physical characteristics of a
street but does not meet the legal standards for street, road or way as defined in
this section. An interior drive is not the same as a driveway, which is the means of
access to a parking lot or parking space; an interior drive is the connecting link
between a public street and a driveway.
KENNEL
An establishment as defined in MGL c. 140, § 137A.
LABORATORY, RESEARCH
Laboratory or research establishments including biotechnology companies, but
excluding laboratories categorized as Level 4 by the National Institutes for Health.
LAMP
The component of a luminaire that produces the actual light.
LIGHT MANUFACTURING
Fabrication, processing, clinical manufacturing, pharmaceutical contract
manufacturing outsourcing, or assembly employing only electric or other
substantially noiseless and inoffensive motive power, utilizing hand labor or quiet
machinery and processes, and free from neighborhood disturbing agents, such as
odors, gas fumes, smoke, cinders, flashing or excessively bright lights, refuse matter,
electromagnetic radiation, heat or vibration. [Amended 3-31-2021 ATM by Art. 44]
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LIGHT TRESPASS
The shining of direct light produced by a luminaire beyond the boundaries of the lot
or parcel on which it is located.
LOT
An area of land in one ownership with definite boundaries ascertainable by
recorded deed or plan and used or set aside and available for use as the site of one
or more buildings or for any other definite purpose.
1. LOT AREA Area within a lot, including land over which easements have been
granted, but not including any land within the limits of a street upon which such
lot abuts, even if fee 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 street lines
which, if extended, would intersect, the area may be computed as if such
boundary lines were so extended.
2. LOT, CORNERA lot bounded by more than one street which has an interior
angle of 135° or less formed by the tangents or straight segments of street lines
between the side or rear lines of such lot or by an extension of such street lines. A
lot bounded by one street shall be considered a corner lot when the tangents or
straight segments of the street line between the side lines of the lot form, or
would form if extended, an interior angle of 105° or less.
3. LOT FRONTAGE See "frontage, lot."
LUMEN
A measure of light energy generated by a light source. One footcandle is one lumen
per square foot. For purposes of this bylaw, the lumen output shall be the initial
lumen output of a lamp, as rated by the manufacturer.
LUMINAIRE
A complete lighting system, including a lamp or lamps and a fixture.
MAKERSPACE
A collaborative workspace inside a building or portion thereof that is used for the
on-site production of parts or finished products by an individual or shared use of
hand tools, mechanical tools, and electronic tools. Such space may allow for the
design and prototyping of new materials, fabrication methodologies, and products,
as well as space for packaging, incidental storage, sales, and distribution of such
products. Makerspaces may host classes or networking events that are open either
to the public or to current prospective members. [Added 3-31-2021 ATM by Art. 44]
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MANEUVERING AISLE
An area on a lot which is immediately adjacent to one or more parking spaces or
loading bays, is necessary for turning, driving or backing a motor vehicle into such
parking space or loading bay, but is not used for the parking or standing of motor
vehicles.
MEDICAL CLINIC
A facility licensed pursuant to 105 CMR 140.020.
MEDICAL, DENTAL, OR PSYCHIATRIC OFFICES
A building designed and used as an office for the diagnosis and treatment of human
patients that does not include overnight care facilities or licensing as a clinic.
MEDICAL MARIJUANA TREATMENT CENTER
A Medical Marijuana Treatment Center or Registered Marijuana Dispensary (RMD)
as defined in Chapter 369 of the Acts of 2012. [Added 11-13-2018-1 STM by Art. 2]
MARIJUANA ESTABLISHMENT
A Marijuana Establishment, as defined in M.G.L C.94G §1, but not including a
Medical Marijuana Treatment Center. [Added 11-13-2018-1 STM by Art. 2]
MGL
Massachusetts General Laws.
MONOPOLE
A single self-supporting vertical pole with no guy wire anchors, usually consisting of
a galvanized or other unpainted metal, or a wooden pole with below-grade
foundations.
MOTEL
An establishment providing lodging for guests on a short-term basis; dining rooms,
function rooms and other support services may be included. Access to the individual
sleeping rooms is directly from parking spaces or by an exterior walkway.
MOTOR VEHICLE TRIP
Use of one motor vehicle by one or more persons which either begins or ends
(regardless of the duration of parking or standing) on a lot, or at a use or
establishment.
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MUNICIPAL
Related to the Town of Lexington.
NONCOMMERCIAL MESSAGE
Any statement or message, including but not limited to a political election campaign
endorsement, that does not advertise, call attention to or promote for commercial
purposes any product, service or activity; and for the display of which no
consideration is provided or received.
NONCONFORMING
Those uses, buildings, structures, parking spaces, loading bays, signs, landscaping
and other activities that do not now conform to the provisions of this bylaw but
were lawful before this bylaw was adopted or before amendments to this bylaw
which are applicable to the situation were adopted.
NURSERY
The business of propagating plants, including trees, shrubs, vines, seed, grass, live
flowers and other plants, and the storage and selling of such plants grown on the
premises.
OVERLAY DISTRICT
A special purpose zoning district which is superimposed over another zoning district
so that the land contained within the overlay district is subject to the requirements
of both the overlay district and the zoning district in which it is located. An overlay
district does not supersede the requirements of the other zoning district, which
remain in effect, but supplies additional or alternative requirements applicable to all
land within the overlay district.
PARKING LOT
An area on a lot which includes five or more parking spaces and their related
maneuvering aisle, excluding those spaces serving one and two-family dwellings.
Where there are five or more parking spaces on a lot, regardless of their location on
the lot, all such spaces shall be subject to the standards for parking lots.
PEAK HOUR
That consecutive sixty-minute segment within the peak period in which the highest
traffic count occurs as determined by traffic counts of the peak period divided into
fifteen-minute segments. The morning and evening "peak period" shall usually be
the two hours between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m. respectively.
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PEAK PERIOD
The period in which the highest traffic counts occur, usually the two hours between
7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m. [Added 4-9-2014 ATM by
Art. 32]
PEAK TRAFFIC HOURS
See “peak period.” [Added 4-9-2014 ATM by Art. 32]
PERMITTING AUTHORITY
The Building Commissioner, Planning Board or Board of Appeals, as the case may be,
authorizing a building permit, special permit or site plan approval.
PERSON
One or more individuals, a partnership, an association or a corporation.
PHARMACEUTICAL CONTRACT MANUFACTURING OUTSOURCING
A business providing drug development and drug manufacturing services in the
pharmaceutical industry on a contract basis. [Added 3-31-2021 ATM by Art. 44]
PORCH
A roofed structure attached to or accessory to a building, which is open-sided or
screened. The area of a porch shall be measured to the outer face of the posts or
other structure supporting its roof.
PRINCIPAL USE
A principal use is a main or primary use of a lot or structure.
PRIVATE POSTAL SERVICES
A retail use which includes private postal box rentals and mailing services. Such
facility shall not be used as a distribution center, parcel delivery or commercial mail
delivery center but shall remain as a retail convenience store for consumers.
PROOF PLAN
A proof plan is a plan showing the layout of lots and roadways for a development
tract that fully complies with the requirements of this bylaw and the Subdivision
Regulations for a conventional subdivision. [Amended 3-23-2016 ATM by Art. 37]
PUBLIC BENEFIT DEVELOPMENT
A type of special permit residential development as defined in § 6.9.
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RACQUET COURT
A fixed playing area such as a tennis court or racquet ball platform.
REAR LINE OF A LOT
A line separating a lot from other lots or from land in a different ownership, being
the boundary of a lot which is opposite or approximately opposite the frontage
street. Where because of irregular lot shape the Building Commissioner and the lot
owner cannot agree as to whether a lot line is a side or a rear line, it shall be
considered a rear line.
RECONSTRUCTION
The term "reconstruction" shall include the voluntary demolition and rebuilding of
the structure.
RECORDED
The due recording in the Middlesex County South District Registry of Deeds, or, as to
registered land, the due filing in the Middlesex County South District Land
Registration Office.
RECYCLING COLLECTION STORE
A center for the acceptance by donation, redemption or purchase of reusable
domestic containers from the public. Reusable domestic container means containers
used primarily in residences and made of materials including, but not limited to,
paper, glass, metal or plastic that are intended for reuse, remanufacture or
reconstruction. Reusable domestic container does not include refuse or hazardous
materials. In a recycling collection store sorting, limited cleaning, compaction or
shredding of containers or other light processing activities necessary for efficient
temporary storage and subsequent shipment to a recycling processing facility are
permitted.
RESEARCH AND DEVELOPMENT
Research, development, and testing conducted in dry labs, wet labs, or other types
of facilities related to such fields as chemical, pharmaceutical, medical, electrical,
transportation, and engineering, which may include the development of mockups
and prototypes but not the manufacture of finished products, provided all activities
are conducted within entirely enclosed buildings and produce no noise, smoke,
glare, vibration, or odor shall not be detectable beyond the property lines of the
property abutting a residential area and shall otherwise comply with the Town’s
Noise Bylaw. [Added 3-31-2021 ATM by Art. 44]
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RESIDENTIAL DISTRICT
Any district in Lexington whose designation begins with R and any district in an
abutting city or town primarily intended for residential use.
RESTAURANT
An establishment primarily for serving by a waiter or waitress and consumption of
meals at tables or a counter, on the premises. A brewpub serving at least twenty-
five (25) percent of the establishment’s brewing production capacity on-site shall be
classified as a restaurant. [Amended 3-31-2021 ATM by Art. 44]
RIVERINE
Relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
ROADSIDE STAND
The land and the structures thereon for the sale of edible farm products, flowers,
fireplace wood, preserves and similar products; no goods except plants, flowers and
fireplace wood shall be stored or offered for sale outdoors.
ROOMER
An individual, other than a member of a family occupying a dwelling unit, occupying
a rooming unit, for living and sleeping but not for cooking and eating purposes, and
paying rent, which may include an allowance for meals, by prearrangement on a
long-term basis.
ROOMING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living
quarters for one roomer with sleeping facilities but no kitchen facilities.
SANITARY SEWER
A public sanitary sewer of the Town of Lexington.
SATELLITE RECEIVING ANTENNA
A device or instrument for the reception of television or other electronic
communications broadcast or relayed from a satellite orbiting the earth.
SCHOOL AGE CHILD CARE PROGRAM
Any program or facility operated on a regular basis which provides supervised group
care for children not of common parentage who are enrolled in kindergarten and
are of sufficient age to enter first grade the following year, or an older child who is
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not more than 14 years of age, or 16 years of age if such child has special needs.
Such a program may operate before and after school and may also operate during
school vacation and holidays. It provides for a planned daily program of activities
that is attended by children for specifically identified blocks of time during the week,
usually over a period of weeks or months, and as further described in MGL c. 15D,
§ 1A.
SIDE LINE OF A LOT
A line separating a lot from other lots or from land in a different ownership, other
than a street line or a rear lot line.
SIGN
Any display device, including but not limited to a board, placard, poster, flag or
banner, which advertises or communicates information to persons not on the
premises on which it is located.
1. SIGN, ACCESSORY Any sign which advertises, calls attention to, or indicates the
person or activity occupying the premises on which the sign is located; advertises
the property or some part of it for sale or lease; or contains a lawful,
noncommercial message displayed by an occupant of the premises.
2. SIGN, COMMERCIAL Any sign, regardless of size, which advertises, calls
attention to, or indicates any commercial product, service or activity, whether or
not manufactured, sold or engaged in on the premises at which the sign is
displayed.
3. SIGN, NON-ACCESSORY Any sign that is not an accessory sign.
4. SIGN, PROJECTING Any sign which is attached to a building and is not parallel
to the wall to which it is attached. A sign in contact with the ground is not a
projecting sign.
5. SIGN SIZE The size of a sign shall include any intermediary removable surface to
which it is affixed. The area of a flat two-faced projecting or standing sign is the
area of one face. The width of a sign is its horizontal dimensions even when this is
the smaller dimension.
6. SIGN, STANDING Any sign that is erected on the land. If a sign support holds
more than one sign, each such sign is considered a separate standing sign.
7. SIGN, WALL A sign securely fixed parallel to the face of a building wall.
8. SIGN, WINDOW A sign affixed to or placed so as to be viewed through a
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window or transparent door. Signs on the interior of an establishment which are
intended to be viewed from inside the establishment are not considered to be
window signs even if they can be seen through a window or door. Displays of
merchandise inside of a window are not considered to be window signs.
SITE COVERAGE
The sum of all parts of a lot that are covered by a principal or accessory building or
other structure, other than a Solar Energy System, such portions of the lot to be
delineated by the intersection of the ground with the vertical plane of the
outermost walls or projections of a building or structure whether in contact with the
ground or projecting over it. [Amended 11-19-2020-2 STM by Art. 13]
SITE SENSITIVE DEVELOPMENT
A type of special permit residential development as defined in § 6.9.
SMALL WIRELESS FACILITY
A type of Wireless Communication Facility where [Added 11-19-2020-2 STM by Art. 14]:
a. The facility is mounted on a structure 50 feet or less in height including its
antennas, is no more than 10 percent taller than other adjacent structures,
or does not extend existing structures on which it is located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
b. Each antenna associated with the deployment, excluding associated antenna
equipment, is no more than 3 cubic feet in volume; and
c. All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, is no more than 28 cubic feet in
volume.
SOLAR ENERGY SYSTEM
A device or structural design feature, a substantial purpose of which is providing for
the collection, storage, and distribution of solar energy for space heating or cooling,
electrical generation, or water heating. [Added 11-19-2020 STM by Art. 13]
SOLAR ENERGY SYSTEM, BUILDING-MOUNTED
A Solar Energy System that is designed to be securely mounted on a building. [Added
11-19-2020 STM by Art. 13]
SOLAR ENERGY SYSTEM, CANOPY
A Solar Energy System structure that is built to cover a parking lot or other open-air
use that is not a Building-mounted Solar Energy System. [Added 11-19-2020 STM by Art.
13]
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SOLAR ENERGY SYSTEM, LARGE SCALE
A Solar Energy System that is not a -Building-mounted Solar Energy System, Canopy
Solar Energy System, or Small-scale Solar Energy System. [Added 11-19-2020 STM by Art.
13]
SOLAR ENERGY SYSTEM, SMALL SCALE
A Solar Energy System that is not a Building-mounted Solar Energy System or Canopy
Solar Energy System where the total lot area covered by all Solar Energy Systems on
the lot is less than or equal to 1,500 square feet. [Added 11-19-2020 STM by Art. 13]
SPECIAL FLOOD HAZARD AREA
An area having special flood and/or flood-related erosion hazards, and shown on a
FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, V.
SPECIAL PERMIT GRANTING AUTHORITY
The authority empowered to grant special permits, which shall be the Board of
Appeals unless some other board is so designated in these bylaws.
SPECIAL PERMIT RESIDENTIAL DEVELOPMENT
A residential development regulated by § 6.9, in which a tract of land is divided into
one or more lots for constructing dwellings in one or more groups and common
open space.
SPGA
Special permit granting authority.
STORY
That portion of a building contained between any floor and the floor or roof next
above it. If the finished surface of the floor above a basement or crawl space is more
than six feet above average natural grade, then the basement or crawl space is
considered a story. [Amended 3-27-2017 ATM by Art. 41]
STORY, HALF
A story under a sloping roof accessed by a stairway compliant with the building
code. The gross floor area with head room of five feet or more may not exceed 40%
of the total floor area of the second story. Dormers may be constructed on those
exterior walls provided the length of the dormers as measured between the lowest
bearing points of the dormers on the rafters of the sloping roof does not exceed
50% of the length of the sloping roof to which it is attached. [Amended 3-27-2017 ATM
by Art. 41]
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STREET LINE
The boundary of a street right-of-way or layout.
STREET, ROAD OR WAY
An area of land legally open for public travel under at least one of the following
classifications:
1. A public way laid out by the Town of Lexington, the Middlesex County
Commissioners, or the Commonwealth of Massachusetts, or a way which the
Lexington Town Clerk certifies is maintained by public authority and used as a public
way;
2. A way shown on a plan approved and endorsed in accordance with the
Subdivision Control Law and constructed in accordance with such plan; or
3. A way in existence on April 4, 1948, having, in the opinion of the Planning Board,
sufficient width, suitable grades and adequate construction to provide for the needs
of vehicular traffic in relation to the proposed use of the land abutting thereon or
served thereby, and for the installation of municipal services to serve such land and
the buildings erected or to be erected thereon.
4. Land shall not be deemed to be a “street” as to any lot of land that does not have
rights to access to and passage over said land.
STRUCTURE
Anything constructed or erected, the use of which requires a fixed location on the
ground, or attachment to something located on the ground, including buildings,
mobile homes, billboards, tanks, Solar Energy Systems, or the like, or the parts
thereof, and swimming pools, but not including paved surfaces such as a driveway, a
walk or a patio. [Amended 3-25-2015 ATM by Art. 52; Amended 11-19-2020-2 STM by Art. 13]
STRUCTURE (NATIONAL FLOOD INSURANCE DISTRICT)
A walled and roofed building, including a gas or liquid storage tank, which is
principally above ground, as well as a manufactured home. "Structure," for
insurance coverage purposes, means a walled and roofed building, other than a gas
or liquid storage tank, which is principally above ground and affixed to a permanent
site, as well as a manufactured home on foundation. For the latter purpose, the
term includes a building while in the course of construction, alteration, or repair,
but does not include building materials or supplies intended for use in such
construction, alteration, or repair, unless such materials or supplies are within an
enclosed building on the premises.
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SUBDIVISION REGULATIONS
Chapter 175 of the Code of Lexington is the document adopted and amended from
time to time by the Planning Board, containing various regulations, procedures,
standards, and fees for actions used in dealing with subdivision control and other
matters relative to residential and commercial development in Lexington. [Added 3-
23-2016 ATM by Art. 37]
SWIMMING POOL
Any pool having a depth of 24 inches or greater and a surface area of 250 square
feet or greater.
TAKEOUT FOOD SERVICE
An establishment primarily for dispensing food or beverage to persons carrying the
food away for consumption elsewhere.
TELECOMMUNICATIONS ACT
The Federal Telecommunications Act of 1996, as amended, and its implementing
regulations. [Added 3-23-2016 ATM by Art. 37, Amended 11-19-2020-2 STM by Art. 14]
TEMPORARY
The term temporary shall mean use, operation or occupancy of a parcel of land,
building or structure, off-street parking, or outdoor lighting where the intent and
nature of the installation are not permanent and will be removed or discontinued
after the temporary use.
TOWER
A structure or framework, or monopole that is designed to support wireless
communication transmitting, receiving, and/or relaying antennas and/or
equipment. Components of the wireless communication facility used only to attach
or support other elements of that facility are excluded provided such components
are relatively less substantial than those other elements and do not materially affect
a dimension of that facility.
TRACT
One or more lots, whether or not in common ownership, under unified
development control and designated to be developed in accordance with a plan
approved by the Town.
TRADE SHOP
Shop and storage facilities for tradesmen such as carpenter, plumber, electrician
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etc. engaged in the construction and repair of residential buildings and other light
frame structures with incidental sale of building materials or products on the
premises.
VETERINARIAN'S OFFICE
A place where animals or pets are given medical or surgical treatment and the
Boarding of animals is limited to short term care incidental to the use.
WAY
See "street, road or way."
WIRELESS COMMUNICATION FACILITY
All equipment, buildings, and structures with which a wireless communication
service carrier broadcasts and receives the radio-frequency waves which carry its
services and all locations of said equipment or any part thereof.
WIRELESS COMMUNICATION SERVICE PROVIDER
An entity licensed by the Federal Communications Commission (FCC) to provide
wireless communication services to individuals, businesses or institutions.
WIRELESS COMMUNICATION SERVICES
Commercial mobile radio services, unlicensed wireless services, and common carrier
wireless exchange access services as defined in the Telecommunications Act.
[Amended 3-23-2016 ATM by Art. 37]
YARD
An open space on a lot unoccupied by a building or structure or such parts thereof
as covered or uncovered porches, steps, cornices, eaves and other projections;
provided however that fences, gates or security stations, yard accessories,
ornaments and furniture, Solar Energy Systems, and customary summer awnings are
permitted in any yard but shall be subject to height limitations. Yard depth shall be
measured from the street or lot line, and not from the middle of any public or
private way whether owned pursuant to the derelict fee statute or otherwise, to the
nearest point on a building in a line perpendicular or normal to such lot or street
line. The minimum required yard shall be a strip of land of uniform depth required
by this bylaw measured from the lot or street line and adjacent thereto. [Amended 11-
19-2020-2 STM by Art. 13]
1. YARD, FRONT A yard extending between lot side lines across the lot adjacent to
each street it abuts.
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2. YARD, REAR A yard extending between the side lines of a lot adjacent to the rear
line of the lot.
3. YARD, SIDE A yard extending along each side line of a lot between front and rear
yards.
ZONE A (NATIONAL FLOOD INSURANCE DISTRICT)
The one-hundred-year floodplain area where the base flood elevation (BFE) has not
been determined. To determine the BFE, use the best available federal, state, local,
or other data.
ZONE A1-30 AND ZONE AE (FOR NEW AND REVISED MAPS) (NATIONAL FLOOD
INSURANCE DISTRICT)
The one-hundred-year floodplain where the base flood elevation has been
determined.
ZONES B, C, AND X (NATIONAL FLOOD INSURANCE DISTRICT)
Areas identified in the community Flood Insurance Study as areas of moderate or
minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
ZONING REGULATIONS
Chapter 176 of the Code of Lexington is the document adopted and amended from
time to time by the Planning Board, containing various regulations, procedures,
standards, and fees for actions that the Planning Board uses in dealing with special
permits, site plan review, and other matters relative to residential and commercial
development in Lexington. [Added 3-23-2016 ATM by Art. 37]
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Attachments:
Attachment 1 - Table 1, Permitted Uses and Development Standards
Attachment 2 - Table 2, Schedule of Dimensional Controls
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Attachment 1: Table 1, Permitted Uses and Development Standards [Amended 3-28-2018 ATM by Art. 38]
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
A. RESIDENTIAL USES
A 1.0 PRINCIPAL RESIDENTIAL USES
A.1.01 One-family dwelling N Y Y Y Y N N N N N N N
A.1.02 Two-family dwelling N N N Y Y N N N N N N N
A.1.03 Dwelling unit above street floor level in a
commercial or institutional building N N N N N N N Y N N N N
A.1.04 Congregate living facility N SP SP SP SP N N N N N N N
A.1.05
Balanced housing development, public
benefit development, site sensitive
development
N SP SP SP N N N N N N N N
A.2.0 ACCESSORY USES FOR RESIDENTIAL USES
A.2.01 Rooming units (not to exceed 3) N Y Y Y N N N N N N N N
A.2.02 Basic accessory apartment N Y Y N N SP SP SP SP SP SP SP
A.2.03 Expanded accessory apartment N SP SP N N SP SP SP SP SP SP SP
A.2.04 Accessory structure apartment N SP SP SP SP SP SP SP SP SP SP SP
A.2.05 Bed-and-breakfast home N Y Y N N SP SP SP SP SP SP SP
A.2.06 Home occupation, instruction N Y Y Y Y SP SP SP SP SP SP SP
A.2.07 Home occupation, minor N Y Y Y Y SP SP SP SP SP SP SP
A.2.08 Home occupation, major N SP SP SP Y SP SP SP SP SP SP SP
A.2.09 Tennis court or court for a sport played with
a racquet or paddle including handball N SP SP SP Y Y Y Y Y Y N Y
A.2.010 Family child care home N Y Y Y Y SP SP SP SP SP SP SP
A.2.011 Family child care home, large N SP SP SP SP SP SP SP SP SP SP SP
A.2.012 Adult day care in the home N SP SP SP SP SP SP SP SP SP SP SP
A.2.013
Outdoor parking of commercial vehicles
other than one vehicle not larger than
10,000 pounds GVW
N N N N Y Y Y Y Y Y Y Y
A.2.014 Outdoor parking of more than four
automobiles for a dwelling unit N SP SP SP SP Y Y Y Y Y Y Y
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
A.2.015
Indoor parking of commercial vehicles other
than one vehicle not larger than 15,000
pounds GVW
N N N N N Y Y Y Y Y Y Y
A.2.016
Outdoor storage of unregistered vehicles
other than one automobile not stored in the
required yard for the principal dwelling, and
screened from the view of abutting lots and
the street
N N N N N N Y N N N N Y
B. INSTITUTIONAL USES
B.1.0 PRINCIPAL INSTITUTIONAL USES
B.1.01 Child care center R R R R R R R R R R R R
B.1.02 Use of land or structures for religious
purposes R R R R R R R R R R R R
B.1.03
Use of land or structures for educational
purposes on land owned or leased by the
commonwealth or any of its agencies,
subdivisions or bodies politic or by a
religious sect or denomination, or by a
nonprofit educational corporation
R R R R R R R R R R R R
B.1.04 Municipal buildings or uses Y Y Y Y Y Y Y Y Y Y Y Y
B.1.05 Park, playground, cemetery Y Y Y Y Y Y Y Y Y Y Y Y
C. PRINCIPAL AGRICULTURAL AND NATURAL RESOURCE USES
C.1.0 AS A PRINCIPAL USE
C.1.01 Exempt agricultural uses and structures as
set forth in MGL c. 40A, s.3 Y Y Y Y Y Y Y Y Y Y Y Y
C.1.02 Farm for the raising of crops not exempt by
statute Y Y Y Y Y Y Y Y Y Y Y Y
C.1.03 Greenhouse or nursery not exempt by statute SP SP SP SP SP SP SP SP SP SP SP SP
C.1.04 Horseback riding area or stables not exempt
by statute SP SP SP SP N N N N N N N N
C.1.05 Roadside stand not exempt by statute (for
two-year terms) SP SP SP SP SP SP SP SP SP SP SP SP
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
C.1.06
Removal from a lot of earth materials for
sale such as loam, sod, sand, gravel, stone,
rock or clay
SP SP SP N N N N N N SP SP N
D. TEMPORARY USES
D.1.01
Temporary dwelling to replace a permanent
dwelling on the same lot during
reconstruction
N Y Y Y Y Y Y Y Y Y Y Y
D.1.02
Temporary building or trailer incidental to
the construction of a building or land
development
Y Y Y Y Y Y Y Y Y Y Y Y
D.1.03
Temporary structures and uses not otherwise
permitted in the district, provided the
Building Commissioner finds that the
proposed structure or use is compatible with
the neighborhood
Y Y Y Y Y Y Y Y Y Y Y Y
D.1.04
Temporary structures and uses not otherwise
permitted in the district, provided the
proposed structure or use is compatible with
the neighborhood
SP SP SP SP SP SP SP SP SP SP SP SP
E. OPERATING STANDARDS - THE FOLLOWING OPERATING STANDARDS APPLY TO ALL USES IN SECTIONS G TO P,
INCLUSIVE, OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH THEREIN
E.1.01
Operations, in part or in whole, conducted
outdoors during operating hours
(*Except for certain uses as designated in G,
H, I and J)
Y SP SP SP SP Y Y SP SP SP Y Y*
E.1.02
Storage of equipment and products outdoors
during non-operating hours (*Except for
certain uses as designated in G, H, I and J)
Y N N N N Y Y Y N SP SP Y*
F. DEVELOPMENT STANDARDS - THE FOLLOWING DEVELOPMENT STANDARDS APPLY TO ALL USES IN SECTIONS G
TO P, INCLUSIVE, OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH THEREIN
124 of 107
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
F.1.01
Uses and structures with less than 10,000
square feet of gross floor area including the
area of any existing structures but not
including any floor area devoted to off-
street parking, on a lot
Y Y Y Y Y Y Y Y Y Y Y Y
F.1.02
Uses and structures with 10,000 or more
square feet of gross floor area including the
area of any existing structures but not
including any floor area devoted to off-
street parking, on a lot
R R R R R R R R R R R R
G. COMMERCIAL OFFICE USES
G.1.0 AS A PRINCIPAL USE
G.1.01
Medical, dental, psychiatric office, but not a
clinic
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N Y Y N Y Y Y Y Y*
G.1.02
Medical, dental, psychiatric office, but not a
clinic, with related laboratory
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N N Y N Y Y Y Y SP*
G.1.03 Business or professional office N N N N N Y N Y Y Y Y Y*
G.2.0 DEVELOPMENT STANDARDS FOR OFFICE USES
G.2.01 Office located on street floor level
*Not permitted in a center storefront. N N N N Y N N SP* Y Y Y Y
G.2.02 Office located on any floor other than street
floor level *Permitted in a basement N N N N N* Y N Y Y Y Y Y*
G.2.03
Office space of all companies in a building
occupies a total of more than 50% of the
floor area in a building
N N N N N N N Y Y Y Y Y
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
G.2.04
Offices in which one company has more
than 1,000 square feet of floor area but not
more than 2,500 square feet of floor area in
a building
N N N N N N N N N Y Y Y*
G.2.05
Building used for offices without limit as to
the amount of floor area one company may
occupy or the percentage of floor area
occupied by offices
(*Maximum 7,500 square feet gross floor
area per one establishment)
N N N N N N N N N Y Y Y*
H. PERSONAL, BUSINESS, OR GENERAL SERVICE USES
H.1.0 AS A PRINCIPAL USE
H.1.01 Beauty parlor, barber shop N N N N Y Y Y Y Y Y Y Y
H.1.02
Laundry or dry cleaning pickup station with
processing done elsewhere; laundry or dry
cleaning with processing on the premises,
self-service laundromat or dry cleaning
N N N N Y Y Y Y N Y Y Y
H.1.03 Tailor, dressmaker, shoe repair N N N N Y Y Y Y N Y Y Y
H.1.04
Real estate sales or rental (see § 3.1.6)
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N Y Y N SP Y Y Y Y*
H.1.05 Banking services
*SP in center storefront; (see § 3.1.6) N N N N Y Y SP Y* Y Y Y SP
H.1.06 (Reserved)
H.1.07 (Reserved)
H.1.08
Travel agency, insurance agency, ticket
agency
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N N Y N Y Y Y Y Y*
H.1.09 Photographic services including commercial
photography N N N N Y Y Y Y Y Y Y Y
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
H.1.010
Repair of household appliances, small tools
or equipment, rental of equipment or tools
for use in a home
N N N N Y Y Y Y N N N Y
H.1.011 Funeral parlor N N N N N N Y N Y N N Y
H.1.012 Photocopying, reproduction services but not
commercial printing N N N N Y Y Y Y Y Y Y Y
H.1.013 Medical clinic for outpatient services N N N N N Y N Y Y Y Y N
H.1.014 School not exempt by statute SP N N N N Y Y Y Y Y Y Y
H.1.014.1
Instruction in music or the arts, not to
exceed 3,500 square feet of floor space per
establishment
SP N N SP SP Y Y Y Y Y Y Y
H.1.015 Commercial printing, publishing N N N N N N Y Y Y N Y Y
H.1.016 Newspaper distribution agency N N N N N N Y N Y N Y Y
H.1.017 Office of veterinarian N N N N N N Y N N N N Y
H.1.018 Kennel, boarding of household pets N N N N N N Y N N N N Y
H.1.019
Pet grooming service provided that it shall
be conducted entirely within the principal
building and no pets shall be boarded
overnight
N N N N N Y Y Y N N N Y
H.1.020 Private postal service N N N N N Y Y N Y Y Y Y
H.1.021 Recycling collection store N N N N N N SP N N N N SP
H.1.022 Museum, art gallery, private library SP SP SP SP Y Y N Y Y Y N N
H.1.023 Nonprofit community service center or
charitable organization SP SP SP SP Y Y N Y Y Y Y N
H.1.024
Private, nonprofit club or lodge of social,
fraternal, veterans, professional or political
association; union hall; not including a
recreational club
SP SP SP SP Y Y N Y Y Y Y N
H.2.0 DEVELOPMENT STANDARDS FOR PERSONAL, BUSINESS, OR GENERAL SERVICE USES
H.2.01 Services with more than 1,500 square feet of
floor space per establishment Y Y Y Y SP Y Y Y Y Y Y Y
H.2.02 Services with more than 3,500 square feet of
floor space per establishment Y Y Y Y N Y Y Y Y Y Y Y
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
H.2.03 Banking services delivered on site to
persons in a car N N N N N SP SP N N Y Y SP
I. SALES OR RENTAL OF GOODS AND EQUIPMENT
I.1.0 AS PRINCIPAL USE
I.1.01
Convenience goods often bought on a daily
basis such as food, candy, newspapers,
tobacco products
N N N N N Y Y Y Y Y Y Y
I.1.02
General merchandise, department
store
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N N Y N Y N N N Y*
I.1.03
Food, not intended for consumption on the
premises; includes grocery store, but not a
takeout or fast-food service
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N Y Y N Y N SP SP Y*
I.1.04
Package liquor store, with no consumption
of beverages on the premises
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N N SP N Y N N N SP*
I.1.05
Apparel, fabrics and accessories
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N Y Y N Y N N N Y*
I.1.06
Furniture, home furnishings, home
appliances and equipment, carpets
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N N Y N Y N N N Y*
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
I.1.07
Other retail goods such as books, stationery,
drugs, sporting goods, jewelry,
photographic equipment and supplies,
flowers, novelties, cards, footwear, and the
like which are typically of a size that a
customer can carry by hand
(*Maximum 7,500 square feet gross floor
area per one establishment and SP required
for drugs/pharmacy use and SP for E.1.01
and N for E.1.02)
N N N N Y Y N Y N Y Y Y*
I.1.08 Hardware, paint, wallpaper N N N N Y Y Y Y N N N Y
I.1.09 Building materials N N N N N Y Y Y N N N Y
I.1.010 Lawn and garden supplies and equipment N N N N N Y Y Y N N N Y
I.1.011 Sale or rental of equipment and supplies,
such as office furniture, to other businesses N N N N N Y Y N N N Y Y
I.1.012
Artisan work
(*Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and N for E.1.02)
N N N N N N N Y N N N SP*
I.1.013 Medical marijuana treatment center N N N N N N N N N N Y N
I.1.014
Marijuana establishment
(* unless otherwise prohibited by the
Town's General Bylaws)
N N N N N N N N N N Y* N
I.2.0 DEVELOPMENT STANDARDS FOR SALES OR RENTAL OF GOODS AND EQUIPMENT
I.2.01 Stores with more than 2,000 square feet of
floor area per establishment N N N N N Y Y Y N SP SP Y
I.2.02
Sales or rental conducted in part outdoors
with permanent display of products during
non-operating hours
N N N N N Y Y Y N SP SP Y
J. EATING AND DRINKING; TRANSIENT ACCOMMODATIONS
J.1.0 AS A PRINCIPAL USE
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
J.1.01
Restaurant
(* Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and SP for E.1.02 with regard to
equipment and N for products)
N N N N N Y N Y N Y Y SP*
J.1.02
Fast-food service
(* Maximum 7,500 square feet gross floor
area per one establishment and SP for
E.1.01 and SP for E.1.02 with regard to
equipment and N for products)
N N N N SP SP N SP N SP Y SP*
J.1.03
Takeout food service
(* Requires a special permit for service
between the hours of 11:00 p.m. and 7:00
a.m.)
N N N N Y* Y* SP Y* N Y* Y* SP
J.1.04
Caterer or other establishment preparing
meals for groups of people
(* Only in conjunction with a substantial
retail food business)
N N N N N N Y SP* N N Y Y
J.1.05 Drive-in or drive-through food service N N N N N N N N N N N N
J.1.06 Hotel, motel N N N N N N N SP N Y Y N
K. COMMERCIAL RECREATION, AMUSEMENT, ENTERTAINMENT
K.1.0 AS A PRINCIPAL USE
K.1.01 Movie theater (indoor) N N N N N N N Y N N N N
K.1.02 Indoor athletic and exercise facilities,
weight reduction salon N N N N N SP Y Y N Y Y Y
K.1.03 Recreational facilities such as golf course,
tennis or swimming club SP SP SP SP SP SP SP SP SP SP SP SP
K.1.04 Private nonprofit recreational facility such
as golf course, tennis or swimming club SP SP SP SP Y Y Y Y Y Y Y Y
L. MOTOR VEHICLE RELATED SALES AND SERVICE USES
L.1.0 AS A PRINCIPAL USE
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
L.1.01
Motor vehicle sales or rental; includes
automobiles, trucks, campers, vans,
recreational vehicles, boats, or trailers
N N N N N SP SP N N N SP SP
L.1.02
Service station, sale of fuel and other motor
oil products and accessories such as
batteries, tires
N N N N N SP SP N N N N SP
L.1.03
Sales and installation of automotive parts
such as tires, mufflers, brakes and motor
vehicle accessories
N N N N N N SP N N N N SP
L.1.04
Motor vehicle maintenance and minor
repairs limited to engine tune-up, lubrication
and installation of replacement parts,
adjustment or replacement of brakes or tires,
washing and polishing, but not including
engine overhaul, body work or painting
N N N N N SP SP N N N SP SP
L.1.05 Substantial motor vehicle repair including
engine overhaul, body work and painting N N N N N N SP N N N N SP
L.1.06 Car wash conducted entirely within a
building N N N N N N SP N N N N SP
L.1.07
Automobile parking lot where the parking
spaces do not serve a principal use on the
same lot and where no sales or service takes
place
SP N N N N N SP SP N SP SP SP
L.1.08 Storage of automobiles or trucks N N N N N N SP N N N N SP
M. CONSTRUCTION, STORAGE, DISTRIBUTION AND INDUSTRIAL USES
M.1.0 AS A PRINCIPAL USE
M.1.01 Bakery N N N N N N Y N N N N Y
M.1.02 Industrial services such as machine shop,
welding N N N N N N SP N N N Y SP
M.1.03 Commercial mover, associated storage
facilities N N N N N N SP N N N Y SP
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
M.1.04
Distribution center, parcel delivery,
commercial mail
delivery center
N N N N N N N N N Y Y N
M.1.05
Office, display or sales space of a wholesale
or distributing establishment, provided that
not more than 25% of the floor area is used
for assembly of products
N N N N N N Y N N N N Y
M.1.06 Trade shop N N N N N N Y N N N N Y
M.1.07
Office, yard and storage facilities for
construction company such as a general
contractor, landscape contractor
N N N N N N SP N N N N SP
M.1.08
Fuel oil dealer including sale and repair of
heating equipment but not including bulk
storage of fuel oil
N N N N N N SP N N N N SP
N. MANUFACTURING, RESEARCH AND DEVELOPMENT, LIFE SCIENCE, AND TECHNOLOGY USES
N.1.0 AS A PRINCIPAL USE
N.1.01 Light manufacturing N N N N N N N N N N Y N
N.1.02 Research and development (R&D) N N N N N N N N N Y Y N
N.1.03 (reserved)
N.1.04 Biotech manufacturing N N N N N N N N N SP Y N
N.1.05 Brewery, winery, distillery, cidery N N N N N N N N N N Y N
N.1.06 Makerspace Y N N N Y Y Y Y Y Y Y Y
O. UTILITY, COMMUNICATIONS, AND TRANSPORTATION USES
O.1.0 AS A PRINCIPAL USE
O.1.01 Radio, television studio, but without
transmitting or receiving towers N N N N N Y Y N N Y Y Y
O.1.02
Transmitting or receiving tower or antenna
for commercial activities other than those
which are used exclusively for wireless
communication facilities
N N N N N N N N N N Y N
O.1.03 Commercial ambulance service N N N N N N SP N N N N SP
O.1.04 Taxicab garage, parking area N N N N N N SP N N N N SP
O.1.05 Bus garage or storage facility N N N N N N SP N N N Y SP
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
O.1.06 Parking maintenance facilities for
commercial vehicles N N N N N N SP N N N Y SP
O.1.07 Landing place for helicopters not including
storage or maintenance facilities N N N N N N N N N SP SP N
O.1.08
Wireless communication facility
(*Yes if a Small Wireless Facility)
(See § 6.4.)
Y R* R* R* R* R* R* R* R* R* R* R*
O.1.09 Essential services Y Y Y Y SP Y Y Y Y Y Y Y
O.1.10 Solar Energy System, Building-mounted Y Y Y Y Y Y Y Y Y Y Y Y
O.1.11 Solar Energy System, Canopy Y R R R R R R R R R R R
O.1.12 Solar Energy System, Large-scale Y R R R R R R R R R R R
O.1.13 Solar Energy System, Small-scale Y R R R R R R R R R R R
P. OPEN AIR, SEASONAL AND SPECIAL EVENTS
P.1.0 AS A PRINCIPAL USE
P.1.01 Flea market Y N N N N N SP N N N N SP
P.1.02 Seasonal sale of Christmas trees and wreaths Y SP SP SP SP Y Y N SP SP SP Y
Q. ACCESSORY USES FOR COMMERCIAL USES
Q.1.01
Parking of trucks or other equipment to be
used for the maintenance of the buildings
and grounds only; shall be parked only in a
garage or in an outdoor area not within the
minimum yard for the principal building and
shall be screened from the view of abutting
lots and the street
Y Y Y Y Y Y Y Y Y Y Y Y
Q.1.02
Temporary overnight outdoor parking of
freight carrying or material handling
equipment
Y N N N N Y Y Y Y Y Y Y
Q.1.03 Convenience business use SP SP SP SP SP Y Y Y Y Y Y Y
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GC RO RS RT CN CRS CS CB CLO CRO CM CSX
Q.1.04
Cafeteria, dining room, conference rooms,
function rooms, recreational facilities; the
use shall be conducted primarily for the
employees or clientele of the principal use
and not for the general public and shall be
conducted entirely within the principal
building with no evidence of the existence
of the use from the street or from any lot
line
SP SP SP SP Y Y Y Y Y Y Y Y
Q.1.05
Processing, storage and limited
manufacturing of goods and materials
related solely to research, experimental and
testing activities
N N N N N N N N N Y Y N
Q.1.06 Light manufacturing N N N N N N N N N SP Y N
Q.1.07 Outdoor storage of inoperable or
unregistered motor vehicles SP N N N N N SP N N N N SP
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Attachment 2 - Table 2, Schedule of Dimensional Controls [Amended 11-12-2020: 2020-2 STM by Art. 14 and 11-19-2020-2 STM by Art. 15, 16, 18]
GC RO RS & RT CN CRS CS & CSX CB CLO CRO CM CSX
Minimum lot area NR 30,000 SF 15,500 SF 15,500 SF 15,500 SF 20,000 SF NR 30,000 SF 5 AC (f) 20,000 SF 20,000 SF
Minimum lot frontage in
feet NR 150 125 125 125 125 20 175 300 (f) 50 (f) 125
Minimum front yard in
feet (a), (b), (h) NR 30 30 30 30 30 NR(c) 50 100 (f) NR 30
Minimum side yard in
feet NR 15(d)(i) 15(d)(i) 20 20 15 NR 30 50 (f) 15(f) 15
Minimum rear yard in
feet NR 15(d) 15(d) 20 20 20 10 30 50 (f) 15(f) 20
Minimum side and rear
yard adjacent to a
residential district in feet
NR 15 15 30 30 30 30 50 100 (f) 50(f) 30
Maximum nonresidential
floor area ratio (FAR) NR NR(g) NR(g) 0.20 0.20 0.20 2.0 0.25 0.15 (f) NR 0.20
Maximum site coverage NR 15%(e) 15%(e) 20% 25% 25% NR 20% NR NR 25%
Institutional buildings,
maximum height:
In stories:
In feet:
2.5
40
2.5
40
2.5
40
3
45
3
45
3
45
2
30
3
45
NR
45 (f)
NR
115(f)(h)
3
45
Other buildings,
maximum height:
In stories:
In feet:
2.5
40
2.5
40
2.5
40
1
15
2
25
2
25
2
25
2
30
NR
45 (f)
NR
115(f)(h)
2
25
NOTES:
As used in the Schedule of Dimensional Controls, symbol “NR” means no requirements, “AC” means acres, “SF” means square feet, and “feet”
means linear feet.
a. Where lawfully adopted building lines require yards in excess of these requirements, the building line shall govern.
135 of 107
b. The minimum front yard for any other street, which is not the frontage street (see definition), shall be 2/3 of that required for the frontage
street. In the case of nonresidential uses located in the RO, RS, or RT Districts (see Table 1) or for uses located in the CM and CRO Districts, the
minimum front yard facing all streets shall be the same as that for the frontage street.
c. Except ten-foot yard on Muzzey Street, Raymond Street, Vine Brook Road and Wallis Court for lots abutting these streets.
d. For institutional uses (see Table 1) the minimum setback for a building shall be the greater of 25 feet or a distance equal to the height of the
building as defined in § 4.3. For other nonresidential uses (see Table 1), increase the required side yard to 20 ft. plus one ft. for every ½ acre (or
fraction thereof) over ½ acre lot area.
e. Applicable only to uses permitted by special permit.
f. This limit may be waived by special permit.
g. For institutional uses (see Table 1), the maximum floor area ratio shall be 0.25.
h. Height near streets. The difference between the upper elevation of each segment of a building or structure and the centerline grade of any
street or bikeway shall be no greater than the distance from that segment to the centerline of a street multiplied by 1.0 or to the centerline of a
bikeway multiplied by 2.0.
i. For non-conforming one and two-family residential structures, the side yard setback may be reduced as allowed in Section 8.4.1 “No Increase in
Nonconforming Nature.”