HomeMy WebLinkAbout2023 Zoning Booklet.docZoning Bylaw
Chapter 135 of the Code
Of the
Town of Lexington
Incorporating Amendments
through Annual Town
Meeting 2023
Page 2 of 139
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 DIMENSIONAL CONTROLS 10
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 86
SECTION 135-9.0 ADMINISTRATION AND PROCEDURES 90
SECTION 135-10.0 DEFINITIONS 99
Attachments: 124
Attachment 1: Table 1, Permitted Uses and Development Standards 125
Attachment 2 - Table 2, Schedule of Dimensional Controls 138
Page 3 of 139
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.
Page 4 of 139
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. It is the intent of the Town of
Lexington that zoning requirements within the town encourage diversity and equity among
Town residents and do not discriminate against any person or group on the basis of race,
ethnicity, religion, gender, sexuality, ability, or any other basis prohibited by federal or state
law, and further that any ambiguities in the bylaw be interpreted with this intent in mind.
[Amended 11-09-2021-1 STM by Art. 13]
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.
Page 5 of 139
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
Page 6 of 139
2.2.4 Planned Development Districts
RD Planned Residential Development
CD Planned Commercial Development
PD Planned Development
2.2.5 Overlay Districts [Amended 4-12-2023 ATM by Art. 34]
NFI National Flood Insurance
TMO Transportation Management Overlay
VO Village Overlay
MFO Multi-Family Overlay
VHO Village High-Rise 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,
Page 7 of 139
or utility easement, the boundary is the center line of the street, highway, railroad
right-of-way, or utility easement.
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.
Page 8 of 139
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, 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
Page 9 of 139
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
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
Page 10 of 139
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.
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. [Amended 11-09-2021-1 STM by Art. 14]
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 other than a Solar Energy System 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.
Page 11 of 139
4.2.3 Lot Area.
1. Lot Area. No structure other than a Solar Energy System may be erected on any lot
that does not have at least the minimum lot area set forth in Table 2 for the district in
which the lot is located.
2. 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. No structure other than a Solar Energy System
may be erected on any lot that does not have at least the minimum frontage set forth
in Table 2 for the district in which the lot is located on a street. 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, 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.
Page 12 of 139
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 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; 11-08-2021-1 STM by Art. 12; 4-11-
22 ATM by Art.37]]
4.3.1 Structures Other than Buildings.
1. The maximum height, in feet, for structures other than buildings may not exceed the
maximum height for buildings as set forth in Table 2.
2. Structures other than buildings may be located in a minimum 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:
a. Structures of any height which are required to enable access for disabled
persons may be located anywhere on a lot;
b. A fence not greater than six feet in height may be located on or closer to a
side or rear lot line;
c. A fence or retaining wall not greater than four feet in height may be located
on or closer to a front lot line; and
d. Supporting posts for a fence may extend six inches higher than the top of a
fence.
Page 13 of 139
3. A Solar Energy System may be located over any paved parking lot.
4. Structures shall not interfere with safe stopping sight distance on a street.
5. Where two or more fences or retaining walls are separated by a distance that is less
than the height of the highest such structure, all such structures shall be considered a
single structure and their height shall be measured as the combined height of the
structures.
6. A sign, permitted under § 5.2, may be located in a front yard.
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]
4.4 RESIDENTIAL GROSS FLOOR AREA. [Added 3-30-2016 ATM by Art. 41; and Amended 4-24-2023
ATM by Art. 40]
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
Page 14 of 139
all buildings on a lot containing a one-family or two-family dwelling may not exceed the
amount listed in Table 4.4.2.2 based on lot area, except that:
a. buildings for which a building permit application has been submitted before
January 1, 2024 may be extended, altered, reconstructed or structurally
changed so long as the total gross floor does not exceed that in Table 4.4.2.1
below based on lot area. For the purposes of this §135-4.4.2, extension,
alteration, reconstruction, and structural change shall not include any
construction which involves demolition of more than 50% of the primary
building's shell exclusive of demolition of a single story attached garage. For
purposes of calculating the percentages of any demolition under this
subsection, all demolition shall be taken into account which commenced, or
could have commenced, pursuant to an issued permit within two years prior
to the date of any request for any permit to construct, re-construct, alter,
add, extend or otherwise structurally change any structure.
b. For the purposes of §135-6.12.3.7(a), Table 4.4.2.1 shall be used to
determine the gross floor area permitted based on a proof plan.
Table 4.4.2.1:
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)
Table 4.4.2.2:
Lot Area (in square feet) Maximum Gross Floor Area (in square feet)
0 to 5,000 0.76 * Lot Area
5,000 to 7,500 3,800 + 0.42 * (Lot Area - 5,000)
7,500 to 10,000 4,850 + 0.12 * (Lot Area - 7,500)
Page 15 of 139
10,000 to 15,000 5,150 + 0.11 * (Lot Area - 10,000)
15,000 to 30,000 5,700 + 0.1 * (Lot Area - 15,000)
More than 30,000 7,200 + 0.1 * (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 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:
Page 16 of 139
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;
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.
Page 17 of 139
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.
Page 18 of 139
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. [Amended 11-15-2021-1 STM by Art. 16]
Type of Use Parking Factor
Residential Uses
Dwelling unit, accessory apartment, rooming unit,
bed-and-breakfast unit
1 per apartment or unit
Housing for older persons 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
Parks, athletic fields, tennis and pool facilities, golf As needed
Page 19 of 139
Type of Use Parking Factor
courses, recreation centers, other institutional uses
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
Page 20 of 139
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
Page 21 of 139
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
Page 22 of 139
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 shall
equal one seat.
Page 23 of 139
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 situated in such a way that
normal snow removal activities and snow storage do not impact the bicycle parking
facility.
Page 24 of 139
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 as provided below, 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 for accessible parking, 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.
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.
Page 25 of 139
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:
District Residential
District Line
(feet)
Street Line
(feet)
All Other
Lot Lines
(feet)
Wall of a
Principal
Building
(feet)
Page 26 of 139
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.
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.
Page 27 of 139
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 and
11-15-2021-1 STM by Art. 16]
1. Dimensions.
a. Parking spaces and maneuvering aisles shall have the minimum dimensions set
forth in the following table and elsewhere in this subsection:
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:
Page 28 of 139
* 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.
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
Page 29 of 139
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 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
Page 30 of 139
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 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, 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)
Page 31 of 139
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:
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.
Page 32 of 139
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 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:
Page 33 of 139
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
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.
Page 34 of 139
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.
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
Page 35 of 139
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 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.
Page 36 of 139
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:
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.
Page 37 of 139
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.
Page 38 of 139
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 — — — — — — — —
CLO — 50 50 50 50 10 10 10 — — — — —
Page 39 of 139
CRO — 50 — — 50 — — — — — — — —
CM — 50 — — 50 — — — — — — — —
* No requirement for an individual dwelling
Page 40 of 139
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-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.
Page 41 of 139
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:
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
Page 42 of 139
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:
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
Page 43 of 139
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:
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.
Page 44 of 139
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.
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;
Page 45 of 139
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.
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.
Page 46 of 139
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;
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.
Page 47 of 139
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:
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
Page 48 of 139
2.The applicant is responsible for the cost of providing such monitoring system.
Page 49 of 139
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.
5. Appearance. The antenna shall be of a nonreflecting and inconspicuous color and
compatible with the appearance and character of its surroundings. No advertising
Page 50 of 139
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.
6.2. 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.
6.2.2 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:
National Register of Historic Places;
1. Massachusetts State Register of Historic Places;
2. Lexington Comprehensive Cultural Resources Survey; or
3. Pending nominations in good standing to the National or State Register.
Page 51 of 139
6.2.3 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.
6.2.4 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.
6.2.5 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
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;
Page 52 of 139
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.
6.2.6 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 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:
Page 53 of 139
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;
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
Page 54 of 139
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.
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
Page 55 of 139
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.
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:
Page 56 of 139
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 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-
Page 57 of 139
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.
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.
Page 58 of 139
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
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. [Amended 3-22-2023 ATM by Art. 39]
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. An owner of the property on which the accessory apartment is to be created shall
Page 59 of 139
occupy one or the other of the dwelling units as a primary residence, except for
temporary absences as provided herein.
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.
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:
Page 60 of 139
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
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.
Page 61 of 139
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
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 RESIDENTIAL DEVELOPMENTS. [Added 4-10-2023 ATM by Art. 33]
6.9.1 Purposes.
This section is intended to:
1. Encourage greater diversity of housing opportunities to meet the needs of a diverse
population with respect to income, ability, accessibility needs, number of persons in a
household and stage of life;
2. Encourage the development of inclusionary housing;
3. Promote development proposals designed with sensitivity to the characteristics of the site;
4. Permit different types of structures and residential uses to be combined in a planned
interrelationship that promotes an improved design relationship between buildings;
5. Preserve historically or architecturally significant buildings or places;
Page 62 of 139
6. Encourage the preservation and minimum disruption of outstanding natural features of open
land and minimize impacts on environmentally sensitive areas;
7. Encourage sustainable development through the use of green building practices and low-
impact development techniques; and
8. Promote the efficient and economical provision of public facilities such as utilities 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 Residential Development (“SRD”) 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 and for which
deviations from the dimensional standards that apply to conventional developments are
allowed in order to achieve a diversity of household types, sizes and affordability. Instead of
determining density by dwelling type, minimum lot area, and frontage requirements, the total
Gross Floor Area (GFA) of market-rate residential development for the tract as a whole is
limited.
No Special Residential Development shall be initiated without site plan review by the Planning
Board in accordance with the provisions of this section and § 9.5 of this Bylaw.
6.9.3 Types of Special Residential Development.
1. Site Sensitive Development (SSD): A Special Residential Development in which the number of
dwellings is limited as set forth below so that existing site features such as natural grades,
mature trees, stone walls, and historic structures may be retained.
2. Compact Neighborhood Development (CND): A Special Residential Development in which the
size of the dwelling units is limited as set forth below.
6.9.4 Scale of Development.
The amount of development permitted in a Special Residential Development shall be based on a
proof plan showing at least two lots fully complying with the provisions of this bylaw (other
than this § 6.9 and § 6.12), the Planning Board’s Subdivision Regulations, and the criteria set
forth below.
6.9.5 Threshold Criteria for Site Sensitive Development.
An SSD shall be designed to preserve natural features, mature native trees, habitat areas,
sloped areas, and historically or architecturally significant buildings or places. Where possible,
an SSD should be sited to preserve mature native trees and their critical root zone.
Page 63 of 139
6.9.6 Dimensional Standards.
The requirements of § 4.0 are modified as follows within a Special Residential Development:
1. Lot area. There is no minimum lot area required; provided, however, that the lot area for
each lot shall be sufficient to safely meet the off-street parking requirements of this bylaw and
the installation of any on-site water supply and sewage disposal facilities.
2. Frontage. There is no minimum frontage required; provided, however, that frontage for each
lot shall be sufficient to provide for adequate access to the building site in the judgment of the
Fire Department. Adequate access may be demonstrated by use of shared driveways, parking
lots or other means.
3. Yard Requirements. The Minimum Yards required by § 4.0 shall apply only to the perimeter
of the site but are not required elsewhere within the site.
4. Height Requirements. The height limits in Table 2 shall apply, except that the height limit, as
measured by stories, shall be three stories in all districts.
5. Gross Floor Area. Section 4.4 shall not apply. The total GFA of all dwelling units other than
inclusionary dwelling units shall not exceed 115% of the sum of (1) the total area of all lots in
the proof plan multiplied by 0.16 and (2) 4,550 SF multiplied by the number of lots shown on
the proof plan.
6.9.7 Dwelling Unit Count and Size.
1. Number of Dwellings. In a Site Sensitive Development, the number of dwellings shall not
exceed the total gross floor area of the development divided by the maximum building size
determined under § 6.9.7.4, rounded up. There is no limit on the number of dwellings in a
Compact Neighborhood Development.
2. Number of Dwelling Units. There is no upper limit on the number of dwelling units in a
dwelling. The number of dwelling units shall not be less than the number of lots shown on the
proof plan in accordance with § 6.9.4
3. Dwelling Unit Size. The average GFA for all dwelling units in a Compact Neighborhood
Development shall not exceed 2,250 square feet. The GFA for any single dwelling unit in a
Compact Neighborhood Development shall not exceed 2,800 square feet. There is no limit on
the GFA of a dwelling unit in a Site Sensitive Development.
4. Building Size. The GFA of any building in a Special Residential Development other than an
Historic Building shall not exceed 9,350 square feet in the RO District and 7,030 SF in the RS and
RT Districts.
6.9.8 Inclusionary Housing
1. Inclusionary Dwelling Units.
Page 64 of 139
a. At least 15% of the of the sum of (1) the total area of all lots in the proof plan multiplied
by 0.16 and (2) 4,550 SF multiplied by the number of lots shown on the proof plan shall be
incorporated into inclusionary dwelling units, as defined by regulations promulgated by the
Planning Board pursuant to § 6.9.8.5 (the “Inclusionary GFA”). At least two-thirds of the
Inclusionary GFA shall be incorporated into dwelling units eligible for inclusion on the Town’s
Subsidized Housing Inventory as determined by the Massachusetts Department of Housing
and Community Development and shall remain affordable in perpetuity.
2. Inclusionary dwelling units shall be substantially similar in size, layout, construction
materials, fixtures, amenities, and interior and exterior finishes to comparable dwelling units
in the same dwelling.
3. A Special Residential Development with more than one inclusionary dwelling unit shall
proportionally disperse those units throughout the development rather than concentrate them
within particular sections of a dwelling or within particular dwellings.
4. Occupants of inclusionary dwelling units shall have the same access to common areas,
facilities, and services as enjoyed by other occupants of the development including but not
limited to outdoor spaces, amenity spaces, storage, parking, bicycle parking facilities, and
resident services.
5. The Planning Board, in consultation with the Select Board, the Housing Partnership Board,
and the Commission on Disability, shall adopt regulations concerning physical characteristics,
location, and access to services of inclusionary dwelling units; defining limits on the
household income of occupants, sale price, and rent of inclusionary dwelling units; and the
form of required legal restrictions for such units.
6. A Special Residential Development with six or fewer market-rate dwelling units shall be
permitted to meet the requirements of this section by making a payment to the Town’s
Affordable Housing Trust in an amount equal to the estimated construction cost of 15% of
the GFA permitted under the proof plan submitted pursuant to § 6.9.4, as determined in
accordance with regulations to be promulgated by the Planning Board.
7. No certificate of occupancy shall be issued for multi-family housing until an affordable
housing restriction for any inclusionary dwelling units is executed, submitted to the Town,
and, to the extent required, recorded.
6.9.9 Regulations
The Planning Board shall adopt Site Plan Review regulations and standards, consistent with this
Section, regarding Special Residential Developments, including with respect to pedestrian and
vehicular access to, and egress from, the site, landscaping, screening, and buffers, lighting,
stormwater management, architectural style and scale, water and wastewater systems, and
refuse disposal.
Page 65 of 139
The Planning Board shall also adopt Site Plan Review regulations and standards for Site Sensitive
Developments, to protect natural features of the site such as natural grades and slopes, views,
mature trees, stonewalls, natural resources such as agricultural soil, and common open space.
6.9.10 Common Open Space Standards.
1. Minimum common open space. At least 15% of the developable site area in a Special
Residential Development shall be set aside as common open space.
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:
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
Page 66 of 139
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;
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.
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
Page 67 of 139
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.
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.”
6.10.5 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: Amended 11-09-2021-1 STM by Art. 14]
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
Page 68 of 139
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 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 Solar Energy Systems located in the front, side, or rear
minimum required Yard shall require a special permit. Small-scale Solar
Energy Systems located in the front, side, or rear minimum required Yard
shall be subject to site plan review under §135-9.5.
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.
6.12 OPEN SPACE RESIDENTIAL DEVELOPMENTS. [Added 4-13-2022 ATM by Art.35]
6.12.1 Purpose. This section is intended to:
1. Permit the development of open space residential developments (OSRDs);
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, abilities, and income;
Page 69 of 139
3. Promote development proposals designed with sensitivity to the characteristics of
a site that otherwise might limit development options due to the application of
uniform, largely geometric standards;
4. Permit different types of structures and residential uses to be combined in a
planned interrelationship that promotes a relationship between new buildings, public
facilities, and Open Land;
5. Preserve historically or architecturally significant buildings or places, including
consideration for siting, sight lines, and landscaping;
6. Encourage the preservation or restoration of aesthetically or environmentally
valuable features of Open Land and minimize impacts on environmentally sensitive
areas;
7. Encourage residential development that is consistent with the Town's sustainability
goals and encourages sustainable development techniques; and
8. Develop housing that is or can be adapted to be accessible and attainable for older
persons and persons with disabilities.
6.12.2 General Standards.
1. The degree of development permitted in an OSRD shall be based on the extent to
which the OSRD complies with the criteria set forth below and regulations adopted
pursuant to § 9.5.5 to further the purposes of this section.
2. An OSRD must be located on a tract of land of at least 70,000 SF.
3. The proof plan for an OSRD shall show two or more lots.
Page 70 of 139
6.12.3 Dimensional Standards. Within an OSRD, the requirements of § 4.0 shall be modified as
follows:
1. Lot area. There is no minimum lot area required for individual lots within an OSRD,
provided that each lot shall be designed to be a sufficient size to meet the off-street
parking requirements of this Bylaw, if applicable, and to permit the installation of any
on-site water supply and sewage disposal facilities. The requirements of § 4.2.2 (Lot
Regularity) and § 4.2.3 (Developable Site Area) do not apply.
2. Frontage. There is no minimum lot frontage required, provided that there is sufficient
frontage to provide for adequate access to the building site. Where shared driveways or
other circumstances render frontage on a street unnecessary for such adequate access,
no frontage is required.
3. Yard. Yards required by § 4.0 shall apply to the perimeter of an OSRD. No yards are
required within an OSRD. Buildings may share a common wall.
4. Height. The height limits of § 4.0 shall apply to all structures in an OSRD except that §
4.3.5 shall apply only along the perimeter of an OSRD.
5. Dwellings and Dwelling Units. There is no limit on the number of dwellings in an
OSRD or on a lot. The requirements of § 4.1.4 (One Dwelling per Lot) do not apply. The
number of dwelling units other than inclusionary dwelling units in an OSRD shall not
exceed five (5) times the number of lots shown on the proof plan. The SPGA may issue a
special permit to exceed the limit established by this § 6.12.3.5, which may require the
provision of additional Inclusionary Dwelling Units, Open Land, or Common Open Space.
6. Amenity space. At least 180 square feet of unroofed amenity space shall be available
for the exclusive use of the residents of each dwelling unit.
7. Floor Area. The requirements of § 4.4 (Residential Gross Floor Area) shall not apply in
an OSRD except as provided below.
a. The total gross floor area of all buildings, excluding inclusionary dwelling
units, shall not exceed the total gross floor area permitted under § 4.4 for all
lots shown on the proof plan.
b. The gross floor area of each building shall not exceed 9,350 SF in the RO
District and 7,030 SF in the RS and RT Districts.
c. Historic Buildings shall not be included in the calculation of gross floor area
under § 6.12.3.7.a and § 6.12.3.7.b.
d. Dwelling units within Historic Buildings shall not be included in the
calculation of gross floor area under § 6.12.3.7.e and § 6.12.3.7.f.
e. The gross floor area of any dwelling unit shall not exceed 5,250 square feet.
f. The average gross floor area of all dwelling units shall not exceed 2,625
square feet.
Page 71 of 139
g. In multi-family housing the SPGA may issue a special permit to exceed these
limits in accordance with § 4.4.3.
h. The site plan for the OSRD shall specify maximum gross floor areas for the
whole OSRD, each dwelling, and each dwelling unit. Any deed for all or a
portion of the OSRD shall restrict the gross floor area of that portion in
accordance with the site plan.
6.12.4 Parking.
1. Visitor parking. A minimum of 1 additional parking space per every 4 dwelling units
shall be provided for visitor parking.
Page 72 of 139
6.12.5 Open Land and Common Open Space.
1. Required Open Land and Common Open Space.
a. At least 35% of the developable site area within an OSRD shall be set aside as
Open Land.
b. In addition to Open Land set aside under the previous provision, at least 15%
of the developable site area within an OSRD shall be set aside as Common Open
Space.
c. The Open Land required shall be decreased by two times the site coverage of
any Historic Buildings.
2.Ownership. Open Land shall be conveyed to:
a. A legal association comprised of the owners of the OSRD, which may include
homeowners or owners of condominium or cooperative units;
b. The Town, subject to acceptance, to ensure its perpetual use as open space or
park land; or
c. A nonprofit organization, the principal purpose of which is the conservation
of open space.
3. Restriction. When such Open Land is conveyed to entities other than the Town, a
conservation restriction over such land shall be granted to the Town, or a nonprofit
organization, the principal mission of which is the conservation of open space, to
ensure its perpetual use as open space or park land.
4. Regulation. The Planning Board shall adopt additional regulations concerning the
condition, location, ownership, and preservation of Open Land consistent with §
6.12.1 and MGL c. 40A, § 1A.
5. Certificate of occupancy. No certificate of occupancy shall be issued until any
conveyances of Open Land or restrictions are executed and recorded.
6.12.6 INCLUSIONARY HOUSING.
1.Required inclusionary dwelling units.
a. At least 20%, or 25% in developments where the total permitted gross floor
area under § 6.12.3.7.a is greater than 60,000 SF, of the gross floor area of all
dwelling units shall be incorporated into inclusionary dwelling units.
b. Inclusionary dwelling units shall be substantially similar in size, layout,
construction materials, fixtures, amenities, and interior and exterior finishes to
comparable dwelling units in the same dwelling.
c. Occupants of inclusionary dwelling units shall have similar access to common
areas, facilities, and services as enjoyed by other occupants of the development
Page 73 of 139
including but not limited to outdoor spaces, amenity spaces, storage, parking,
bicycle parking facilities, and resident services.
d. Inclusionary dwelling units shall be dispersed throughout the development
rather than concentrated within particular sections of a dwelling or within
particular dwellings.
e. The Planning Board, in consultation with the Select Board, the Housing
Partnership Board, and the Commission on Disability, shall adopt regulations
concerning physical characteristics, location, and access to services of
inclusionary dwelling units; defining limits on the household income of
occupants, sale price, and rent of inclusionary dwelling units; and the form of
required legal restrictions.
3. Subsidized housing inventory. At least 10% of the dwelling units in an OSRD shall be
eligible for inclusion on the DHCD Subsidized Housing Inventory.
4. Certificate of occupancy. No certificate of occupancy shall be issued until an
affordable housing restriction for inclusionary dwelling units is executed, submitted to
the Town, and, to the extent required, recorded.
6.12.7 DESIGN STANDARDS.
1. The Planning Board shall adopt design guidelines and regulations to facilitate
sustainable site layouts, quality
building designs, and purposeful outdoor amenity spaces that create vibrant
residential communities that benefit the residents of the development and the town.
Page 74 of 139
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 Specialist.
Page 75 of 139
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.
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]
Page 76 of 139
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;
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
Page 77 of 139
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 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
Page 78 of 139
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; and 11-09-2021-1 STM by Art.14]
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
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.
Page 79 of 139
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.
7.3.4 Protected uses. [Added 11-19-2020-2 STM by Art. 13 and 11-09-2021-1 STM Art.14]
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:
Page 80 of 139
1. Building-mounted Solar Energy Systems and Small-scale Solar Energy Systems shall
be permitted by right.
2. Canopy Solar Energy Systems, and Large-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.
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.
Page 81 of 139
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.
7.5 VILLAGE AND MULTI-FAMILY OVERLAY DISTRICTS. [Added 4-12-2023 ATM by Art. 34]
7.5.1 Purpose. The purposes of the Village Overlay (VO, MFO, and VHO) Districts are:
1. To provide family housing and ensure compliance with MGL c. 40A § 3A;
2. To promote multi-family housing near retail sales and services, office, civic, and
personal service uses;
3. To reduce dependency on automobiles by providing opportunities for upper-story
and multi-family housing near public transportation such as bus stops, the Minuteman
Commuter Bikeway, and major transportation routes;
4. To ensure pedestrian-friendly development by permitting higher density housing in
areas that are walkable to public transportation, shopping, and local services;
5. To respond to the local and regional need for affordable housing by permitting a
variety of housing types with inclusionary housing requirements;
6. To encourage economic investment in the redevelopment of properties;
7. To encourage residential and commercial uses to provide a customer base for local
businesses; and
8. To meet the goals of the housing element of the 2022 Lexington NEXT
Comprehensive Plan.
7.5.2 Overlay District. Village and Multi-Family Overlay Districts shall not replace existing
zoning districts but shall be superimposed over them. The provisions of this section
apply only to developments on a lot located entirely within Village and Multi-Family
Overlay Districts where the property owner has elected to comply with the
requirements of the Village Overlay District, rather than complying with those of the
underlying zoning district.
7.5.3 Procedures and Regulations. Development under this section requires Site Plan
Review by the Planning Board under § 9.5. The Planning Board shall adopt regulations
to facilitate site layout, building design, and outdoor amenity spaces. All site plan
review standards applicable to developments under this section shall be consistent
with the purposes of this section and DHCD’s current Compliance Guidelines for Multi-
family Zoning Districts Under Section 3A of the Zoning Act as amended.
Page 82 of 139
7.5.4 Permitted Uses.
1. All developments under this section shall include multi-family housing. All residential
uses under this section shall be multi-family housing.
2. Developments may also include nonresidential uses permitted in an underlying
zoning district.
3. Where the underlying zoning district is the CB District, at least 30% of the net floor
area of the street floor shall be occupied by uses permitted on the street floor in the
CB District. No more than the greater of 20% or 20 feet of the frontage on a public
way may be dedicated to residential uses.
4. Developments in the VO district may contain nonresidential uses on the street floor
and basement to the extent permitted in either the CRS or CB zoning district, except
that:
a. The following uses are not permitted:
i. Medical clinic for outpatient services
ii. Motor vehicle sales or rental
iii. Sale of fuel, motor oil, or other motor vehicle parts or accessories
iv. Cleaning, maintenance, and repair of motor vehicles
v. Private postal service
b. Nonresidential uses that require a special permit in the CRS or CB District
shall require a special permit.
c. The development standards for office uses in Table 1 (Permitted Uses and
Development Standards), section G.2.0 shall not apply.
5. Accessory uses for residential uses are permitted to the same extent they would be
permitted in the RO District.
7.5.5 Dimensional controls. The dimensional controls of § 4.0 are modified as follows for
developments under this section:
1. § 4.1.4 (One Dwelling Per Lot) does not apply.
2. § 4.2.2 (Lot Regularity), § 4.2.3 (Lot Area), and § 4.2.4 (Lot Frontage) do not apply to
lots with existing buildings.
3. § 4.3.5 (Height of Dwellings Near Lot Lines) does not apply.
4. § 4.4 (Residential Gross Floor Area) does not apply.
5. Nonresidential FAR is not restricted.
6. The minimum required front yard in feet is the lesser of that required in the
underlying zoning district or 15 feet, except that where 50% or more of the façade
facing the public way is occupied by nonresidential principal uses, no front yard is
required. Minimum required front yard areas shall be used as amenity space available
for occupants and semi-public uses such as landscaping, benches, tables, chairs, play
areas, public art, or similar features. Parking spaces are not permitted in the minimum
required front yard.
Page 83 of 139
7. The minimum required side yard in feet is the lesser of that required in the
underlying zoning district and that shown below:
If Actual Lot Frontage Is Side Yard Must Be At Least
More than 100 feet 15 feet
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. The minimum required rear yard in feet is the lesser of that required in the
underlying zoning district and 15 feet.
9. The site coverage is not restricted.
10. Except as noted below, the maximum height in feet of buildings is:
District MFO VO VHO
Height in feet 52 40* 70*
a. *In the VO District, where at least 30% of the total net floor area of the
street floor of the development is occupied by nonresidential principal uses,
the maximum height is 60 feet if the nonresidential uses are permitted in
the underlying district or 52 feet if the nonresidential uses are not permitted
in the underlying district.
b. *In the VHO District where at least 50% of the total net floor area on the lot
is occupied by nonresidential principal uses permitted in the underlying
district, the maximum height is 115 feet.
11. The number of stories is not restricted.
7.5.6 Off-Street Parking and Loading. The provisions of § 5.1 (Off Street Parking and
Loading) are modified as follows:
1. The parking factor for dwelling and rooming units is 1 per unit.
2. The parking factor for other uses shall be the same as in § 5.1.4 (Table of Parking
Requirements) for the CB District.
3. Developments under this section may provide fewer parking spaces where, in the
determination of the Planning Board, proposed parking is found to be sufficient to
meet the needs of the development. In making such a determination the Planning
Board may develop regulations to evaluate any parking reduction requests to consider
complementary uses, proximity to public transportation, proximity to municipal and
street parking, transportation demand management (TDM) measures, and shared
parking arrangements at the Board’s discretion.
7.5.7 § 5.5 (Traffic Standards) does not apply.
7.5.8 § 7.4.4 (Sustainable Design) does not apply.
Page 84 of 139
7.5.9 The provisions of § 5.3 (Landscaping, Transition and Screening) and § 5.3.5 (Required
Depth or Width (in feet) of a transition area are modified as follows:
1. Transition areas, as specified under § 5.3.4 (Transition Areas), are required only
along the boundary of the Village Overlay Districts (VO, MFO, & VHO) and shall have a
depth of five (5) feet.
7.5.10 The provisions of § 7.3 (Planned Development Districts) are modified as follows:
1. Notwithstanding § 7.3.2.3 (Compliance Required) and § 7.3.3 (Existing RD and CD
Districts), development under this section, development of related accessory
structures and improvements, and removal of existing structures and improvements
need not conform to a preliminary site development and use plan.
7.5.11 Nonconforming Off-Street Parking and Loading. The provisions of § 8.7 are modified
as follows:
1. § 8.7.1.2 (Increase in Floor Area) does not apply.
2. § 8.7.2 (Reconstruction or Replacement of a Building) does not apply.
7.5.12 Inclusionary Housing.
1. In any development containing eight (8) or more dwelling units, at least 15% of the
dwelling units shall be Inclusionary Dwelling Units with household income limited to
80% of the Area Median Income and eligible for inclusion on the DHCD’s Subsidized
Housing Inventory. Where a fraction of a dwelling unit is required for this calculation,
the amount of required dwelling units shall be rounded down. If DHCD determines in
writing that the Town has not shown this 15% requirement to be feasible, at least 10%
of the dwelling units in any development containing ten (10) or more units shall be
Inclusionary Dwelling Units with household income limited to 80% of the Area Median
Income and eligible for inclusion on the Subsidized Housing Inventory.
2. Inclusionary dwelling units shall be substantially similar in size, layout, parking,
construction materials, fixtures, amenities, and interior and exterior finishes to the
other dwelling units in the same dwelling.
3. Inclusionary dwelling units shall be proportionally dispersed throughout the
development and not concentrated within particular sections of a dwelling or within
particular dwellings.
4. Occupants of inclusionary dwelling units shall have the same access to common
areas, facilities, and services as enjoyed by other occupants of the development
including, but not limited, to outdoor spaces, amenity spaces, storage, parking, bicycle
parking facilities, and resident services.
5. The Planning Board, in consultation with the Select Board, the Housing Partnership
Board, and the Commission on Disability, may adopt regulations consistent with
DHCD’s Compliance Guidelines and this section to facilitate equitable size, physical
characteristics, location, and access to services for the inclusionary units and the form
of required legal restrictions.
Page 85 of 139
6. Certificate of occupancy. No certificate of occupancy for a dwelling unit in a
development permitted under this section shall be issued until the regulatory
agreements for any inclusionary dwelling units are recorded.
7.5.13 Playground and Recreation Areas. Any development containing forty (40) or more
dwelling units shall provide an outdoor play area or common space appropriate for
use by families with children which may include features such as swings, jungle-gyms,
slides, tables, chairs, benches, and similar features. Areas shall incorporate universal
design standards.
7.5.14 Conditions. The Planning Board may impose reasonable terms and conditions,
consistent with the parameters established by DHCD’s Compliance Guidelines, to
promote these objectives and serve the purposes of this section. Approval may
reasonably regulate matters such as vehicular access and circulation on site,
architectural design of a building, site design, and screening for adjacent properties.
The Board may require a performance guarantee to ensure compliance with these
conditions.
Page 86 of 139
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 structure that does
Page 87 of 139
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]
8.6 ABANDONMENT, DEMOLITION, OR NON-USE.
Any nonconforming use or structure which has been abandoned, demolished without
Page 88 of 139
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.
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
Page 89 of 139
§ 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.
Page 90 of 139
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
herein.
2. To grant, upon appeal or petition, with respect to particular land or structures or to
Page 91 of 139
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.
5. To consider and approve minor modifications to an approved special permit, appeal,
variance, or comprehensive permit. Minor modifications shall be limited to changes
that do not have a material impact on the project permitted by the special permit,
appeal, variance or comprehensive permit, and do not grant any zoning relief not
originally requested or approved. Minor modifications shall be consistent with the
Zoning Bylaw. Minor modifications may be authorized by a majority vote of the Board
of Appeals. If the Board of Appeals in its review determines that a requested
modification constitutes a major modification, it shall require the submission of an
application for amendment requiring a new public hearing pursuant to M.G.L. c. 40A.
[Added 3-22-2023 ATM by Art. 38]
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:
Page 92 of 139
1. To hear and decide applications for special permits when designated as the SPGA
herein.
2. To review site plans pursuant to § 9.5.
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.
Page 93 of 139
9.4.2 Criteria. Special permits will 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: [Amended 11-09-2021-1 STM
by Art. 13]
1. Specific factors set forth elsewhere in this bylaw for the proposed use or activity;
2. Social, equity, diversity, public health, economic, or community needs and impacts;
3. Traffic flow and safety, including parking and loading;
4. Adequacy of utilities and other public services;
5. Neighborhood scale;
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
Page 94 of 139
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
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
Page 95 of 139
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 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.
9.4.7 Modifications.
Any modification to an approved special permit requires prior approval from the SPGA.
Certain requests may be considered as a minor modification, authorized by a majority vote
of the SPGA. Minor modifications shall be limited to changes that do not have a material
impact on the project permitted by the special permit, appeal variance or comprehensive
permit, and do not grant any zoning relief not originally requested or approved. Minor
modifications shall be consistent with the Zoning Bylaw. If the SPGA in its review
determines that a requested modification constitutes a major modification, it shall require
the submission of an application for amendment requiring a new public hearing pursuant
to M.G.L. c.40A. [Added 3-22-2023 ATM by Art. 38]
9.5 SITE PLAN REVIEW.
9.5.1 Purpose. Site plan review is a means of managing the aesthetics and environmental
Page 96 of 139
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;
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
Page 97 of 139
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 the Zoning
Regulations, and notify the applicant of its decision. The decision shall be in writing and
shall be rendered within 60 days (for a minor site plan review) and 150 days (for a
major site plan review) from the date of submission of a complete application.
[Amended 3-22-2023 ATM by Art. 37]
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.
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; 11-09-2021-1 STM by Art. 13, 3-22-2023 ATM by Art.
39]
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 recreational 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. Social, equity, diversity, public health, or community needs and impacts;
Page 98 of 139
9.Historic significance;
10.Impacts on public services and facilities;
11. Signage;
12. Safety; and
13. 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.
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.
Page 99 of 139
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.
Page 100 of 139
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.
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.
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,
Page 101 of 139
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.
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]
Page 102 of 139
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.
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.
Page 103 of 139
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]
COMPACT NEIGHBORHOOD DEVELOPMENT (CND)
A type of special residential development as defined in § 6.9. [Added 4-10-2023 ATM by Art.
33]
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.
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.
Page 104 of 139
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.
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD)
The Massachusetts Department of Housing and Community Development. [Added 4-12-
2023 ATM by Art. 34]
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.
DRIVE-THROUGH FOOD SERVICE
An establishment primarily for dispensing food or beverage to persons in a car.
Page 105 of 139
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 [Amended 10-14-2021-1 STM by Art. 13]
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 household. [Amended 11-09-2021 STM by Art. 13]
ERECTED
The word "erected" shall include the words "built," "constructed," "reconstructed,"
"altered," "enlarged," and "moved."
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
Page 106 of 139
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 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.
FENCE
A barrier intended to prevent escape or intrusion or to mark a boundary, but not a retaining
wall. [Added 11-08-2021-1 STM by Art. 12]
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 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
Page 107 of 139
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
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.
Page 108 of 139
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."
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
Page 109 of 139
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.
HISTORIC BUILDING
A building eligible to be listed on the National Register of Historic Places or the
Historical Commission’s Cultural Resources Inventory for which an historic preservation
restriction in a form acceptable to the Historical Commission is in effect. [Added 4-13-2022
ATM by Art. 35]
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
HOUSEHOLD
One or more individuals living together as a single housekeeping unit and occupying
Page 110 of 139
one dwelling or rooming unit. [Amended 11-09-2021-1 STM by Art. 13]
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.
INCLUSIONARY DWELLING UNIT
A dwelling unit, the sale, lease, or rental of which is permanently restricted with limits
on the household income of occupants, sale price, and rent through a deed rider or
other restriction acceptable to the Town in conformance to the Lexington Moderate
Unit Income Guidelines or as regulated as a Local Action Unit under the DHCD Local
Initiative Program. [Added 4-13-2022 ATM by Art. 35]
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.
Page 111 of 139
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]
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, CORNER A 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.
Page 112 of 139
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]
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.
Page 113 of 139
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.
MULTI-FAMILY HOUSING
As defined in MGL c. 40A, § 1A. [Added 4-13-2022 ATM by Art. 35]
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.
OPEN LAND
As defined in MGL c. 40A, § 1A. [Added 4-13-2022 ATM by Art. 35]
OPEN SPACE RESIDENTIAL DEVELOPMENT (OSRD)
As defined in MGL c. 40A, § 1A. [Added 4-13-2022 ATM by Art. 35]
Page 114 of 139
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.
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]
Page 115 of 139
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]
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
Page 116 of 139
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]
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
A household 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. [Amended 11-09-2021-1 STM by Art. 13]
Page 117 of 139
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 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.
Page 118 of 139
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 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 (SSD)
A type of special residential development as defined in § 6.9. [Amended 4-10-2023 ATM by
Art. 33]
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
Page 119 of 139
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]
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 RESIDENTIAL DEVELOPMENT (SRD)
A residential development regulated by § 6.9, in which a tract of land is divided into
one or more lots for constructing dwellings allowing deviation from the dimensional
standards that apply to conventional developments. [Amended 4-10-2023 ATM by Art. 33]
SPGA
Special permit granting authority.
Page 120 of 139
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]
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, fences,
retaining walls, and swimming pools, but not including paved surfaces such as a
Page 121 of 139
driveway, a walk or a patio. [Amended 3-25-2015 ATM by Art. 52; 11-19-2020-2 STM by Art. 13;
11-08-2021-1 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.
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.
Page 122 of 139
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 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]
Page 123 of 139
YARD
An open space on a lot unoccupied by a building or such parts thereof as covered or
uncovered porches, steps, cornices, eaves and other projections. Yard depth shall be
measured from the 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 line. [Amended 11-19-2020-2
STM by Art. 13; 11-08-2021-1 STM by Art. 12]
1. YARD, FRONT A yard extending between lot side lines across the lot adjacent to each
street it abuts.
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.
4. YARD, MINIMUM REQUIRED A strip of land of uniform depth required by this bylaw
measured from the lot line adjacent thereto.
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]
Page 124 of 139
Attachments:
Attachment 1 - Table 1, Permitted Uses and Development Standards
Attachment 2 - Table 2, Schedule of Dimensional Controls
Page 125 of 139
Attachment 1: Table 1, Permitted Uses and Development Standards [Amended 3-28-2018 ATM by Art. 38; 11-09-2021-1 STM Art.14; 4-13-2022 ATM by Art.35
[Added 3-20-2013 ATM by Art. 34; amended 3-26-2014 ATM by Art. 27; 3-26-2014 ATM by Art. 28, 3-26-2014 ATM by Art. 30; 4-9-2014 ATM by Art. 31; 4-9-2014 ATM by
Art. 32; 3-25-2015 ATM by Arts. 52 and 53; 3-23-2016 ATM by Art. 38; 4-11-2016 ATM by Art. 43; 3-22-2017 ATM by Art. 46; 4-24-2017 ATM by Art. 43; 3-28-2018 ATM by
Art. 38; 11-13-2018 STM by Art. 2; 4-10-2019 ATM by Art. 39; 11-12-2019 STM by Art. 6; 11-19-2020 STM by Arts. 12, 13 and 14; 3-31-2021 ATM by Art. 44; 4-10-2023 ATM
by Art.33]
KEY: 3.4.1 Use of Symbols in Table 1. The symbols in Table 1, Permitted Uses and Development Standards, have the following meanings:
Y Yes, the use is permitted by right if in compliance with any applicable development and operating standards contained in Table 1.
R The use is permitted by right, but site plan review is required.
SP The use requires a special permit.
N No, the use is prohibited.
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 Special Residential Development (SRD) N R R R N N N N N N N N
A.1.06 Open space residential development
(OSRD) (See § 6.12) N R R R 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
Page 126 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 127 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 128 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 129 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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)
Page 130 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 131 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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*
Page 132 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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*
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
Page 133 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 134 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 135 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 136 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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 Y Y Y Y Y Y Y Y Y Y Y
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
Page 137 of 139
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
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
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
Page 138 of 139
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.
Page 139 of 139
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.”