Town of Lexington, MA 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 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.

[Amended 3-31-2021 ATM by Art. 39]

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:

1. National Register of Historic Places;

2. Massachusetts State Register of Historic Places;

3. Lexington Comprehensive Cultural Resources Survey; or

4. Pending nominations in good standing to the National or State Register.

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;

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:

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 3-23-2016 by Art. 37; 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 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 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:

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-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.

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.

6.7.3 Conditions and Requirements; General. The following standards shall apply:

1. There shall be no more than one accessory apartment on a lot.

2. The owner of the property on which the accessory apartment is to be created shall occupy one or the other of the dwelling units as a primary residence, except for temporary absences as provided herein.

[Amended 3-22-2023 ATM by Art. 39]

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:

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.

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.

[Amended 4-9-2014 ATM by Art. 32; 3-23-2016 ATM by Art. 37; 3-30-2016 ATM by Art. 39; 3-30-2016 ATM by Art. 40; 3-30-2016 ATM by Art. 41; 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;

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.

6.9.6 Dimensional Standards. The requirements of Section 135-4.0 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 Section 135-4.0 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[1] shall apply, except that the height limit, as measured by stories, shall be three stories in all districts.

[1] Editor's Note: Table 2 is included as an attachment to this chapter.

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 square feet 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 square feet in the RS and RT Districts.

6.9.8 Inclusionary Housing.

1. Inclusionary dwelling units.

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 square feet 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 multifamily 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.

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, stone walls, 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. [1]

[Added 11-18-2020 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.

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.

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.

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 30 consecutive days, but not a bed-and-breakfast home, hotel, or motel.

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.

SHORT-TERM RENTER

Any person or persons occupying a dwelling unit, or a bedroom within a dwelling unit, as a short-term rental.

6.10.3 

Requirements. Operator-occupied, and operator-adjacent short-term rentals are permitted as an accessory use to a permitted principal residential use, subject to the following requirements:

1. No dwelling unit, or bedroom within a dwelling unit, may be used as a short-term rental except in compliance with this bylaw.

2. The following dwelling units may not be used as short-term rentals:

i. Dwelling units designated as affordable or otherwise income-restricted, which are subject to affordability covenants or are otherwise subject to housing or rental assistance under local, state, or federal programs or law;

ii. Accessory apartments as defined in Section 6.7; and

iii. Any dwelling unit in violation of the State Sanitary Code, 105 CMR 410.

3. All short-term rental operators shall register with the Building and Zoning Office prior to short-term rental use and occupancy in conformance with Section 6.10.5 below.

4. A short-term rental operator may make available no more than one dwelling unit for operator-occupied short-term rentals, which may include the separate short-term rental of no more than three individual bedrooms, and one dwelling unit for operator-adjacent short-term rentals, which may be rented only as a whole unit to one party of short-term renters at any one time and may not be rented as separate bedrooms to separate parties.

5. A short-term rental shall be limited to parking of one 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 Health 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 or more consecutive days when the short-term rental operator is away from the dwelling unit, an operator-occupied short-term rental may be rented only as a whole unit and not rented as separate bedrooms to separate parties.

10. The number of bedrooms made available for operator-occupied short-term rentals within a dwelling unit shall not be greater than the number of lawful bedrooms in the dwelling unit.

11. Renting for an hourly rate, or for rental durations of less than 10 consecutive hours, shall not be permitted.

12. Short-term rentals shall not exceed in the aggregate, 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.

[1] Editor’s Note: Former Section 6.10, Medical marijuana treatment centers, added 6-17-2013 STM by Art. 4, was repealed 3-26-2014 ATM by Art. 30.

6.11 SOLAR ENERGY SYSTEMS.

[Added 11-19-2020 STM by Art. 13[1]]

6.11.1 Purpose and Intent. As a Green Community, Lexington promotes the installation and use of all energy systems within the community. The purpose of this section is to establish standards for permitting, placement, design, construction, operation, monitoring, modification and removal of such installations; while protecting public safety; protecting against undesirable impacts on residential property and neighborhoods; protecting scenic, natural and historic resources; and protecting or providing for wildlife corridors. Lexington intends to promote the creation of energy systems per MGL c. 40A, § 3 and the Green Communities Act, MGL c. 25A, § 10, while meeting sustainability initiatives for a sustainable Lexington.

6.11.2 Applicability.

1. 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.

2. 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.

6.11.3 Design Standards.

1. 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.

2. The Planning Board may adopt regulations providing for the maintenance and eventual removal of large-scale solar energy systems and securing the performance thereof.

3. 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.

[Amended 11-8-2021 STM by Art. 14]

4. 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.

[1] Editor's Note: This article added a new Section 6.10, Solar Energy Systems. The section was renumbered as Section 6.11 as the Code already contained a Section 6.10.

6.12 OPEN SPACE RESIDENTIAL DEVELOPMENTS.

[Added 3-28-2022 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;

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 square feet.

3. The proof plan for an OSRD shall show two or more lots.

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 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 square feet in the RO District and 7,030 square feet 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.

g. In multifamily 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 one additional parking space per every four dwelling units shall be provided for visitor parking.

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 square feet 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, 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.

2. Subsidized housing inventory. At least 10% of the dwelling units in an OSRD shall be eligible for inclusion on the DHCD Subsidized Housing Inventory.

3. 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.