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.
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.
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.
[Added 3-24-2021 ATM by Art. 42]
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.
7.2.3
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:
[Amended 3-25-2019 ATM by Art. 37]
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 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 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.
[Amended 4-9-2014 ATM
by Art. 32; 3-23-2016 ATM by Art.
37; 4-25-2016 ATM by Art. 44]
7.3.1
Purpose. A planned development (PD) district is intended to:
1.
Permit considerable flexibility in the development of tracts of land
by requiring few predetermined standards;
2.
Permit a developer to propose, and for the Town to vote on, a site
development and use plan unique to a particular location;
3.
Permit the use of development standards more detailed than the more
general standards elsewhere in this bylaw; and
4.
Provide information for the Town to evaluate the potential impacts
of a proposed development and to enable the Town to require adherence
to such site development plans.
7.3.2
Provisions Applicable to PD Districts.
1.
Standards for development. A PD District does not have predetermined
standards for development. Such standards are to be proposed by the
developer, included in the preliminary site development and use plan,
and approved by Town Meeting.
2.
Uses permitted. Any uses may be permitted in a PD District if they
are clearly identified in the preliminary site development and use
plan approved by Town Meeting.
3.
Compliance required. No use is permitted and no development may occur in a PD District except in substantial conformity with a preliminary site development and use plan approved by Town Meeting, the provisions of this section and site plan review under § 9.5. In no case may the use or development be inconsistent with the text of the preliminary site development and use plan.
4.
Filings. Each petition presented to the Town Meeting for rezoning
land to a PD District shall include a preliminary site development
and use plan describing the proposed zoning provisions and development
plan as described in the Planning Board's rules and regulations. Two
copies of the preliminary site development and use plan, which accompanies
a petition for a rezoning, shall be filed with the Town Clerk and
one copy with the Planning Board at least three weeks prior to the
Planning Board public hearing required to be held under MGL c. 40A.
Subsequent to that public hearing, revisions to the preliminary site
development and use plan may be filed with the Town Clerk and the
Planning Board. The vote of the Town Meeting shall refer to the preliminary
site development and use plan and it shall be considered part of the
rezoning action.
5.
Previous amendments. The preliminary site development and use plan
for an existing PD District that was approved by an earlier Town Meeting
may be amended. The proposed amendments shall be presented and acted
upon in the same manner set forth in this section for an original
petition.
6.
Application for site plan review. The application for site plan review
under this section shall be accompanied by a copy, certified by the
Town Clerk, of the preliminary site development and use plan approved
by the Town Meeting.
7.3.3
Existing RD and CD Districts.
Existing CD and RD districts adopted under previous versions
of this bylaw shall be governed by the version of this bylaw in effect
on 1 January 2016 only until they are eliminated or amended. Any such
elimination or amendment shall follow the procedures in this section.
[1]
Editor’s Note: A complete list of Planned Development
Districts, including PD Planned Development Districts, RD Planned
Residential Development Districts, and CD Planned Commercial Development
Districts, is on file with the Planning Office.
[Added 11-12-2020 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 center-line grade
of any street or bikeway shall be no greater than the distance from
that segment to the center line of a street multiplied by 1.0 or to
the center line 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.
2.
Buildings utilizing on-site combustion for HVAC system operation
are limited to six stories.
[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 multifamily 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 multifamily 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 Multifamily 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 Multifamily 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.
7.5.4
Permitted Uses.
1.
All developments under this section shall include multifamily housing.
All residential uses under this section shall be multifamily 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:
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 Section 135-4.0
are modified as follows for developments under this section:
1.
Section 4.1.4 (One Dwelling Per Lot) does not apply.
2.
Section 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.
Section 4.3.5 (Height of Dwellings Near Lot Lines) 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 facade 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 semipublic 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.
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
(feet)
|
Side Yard Must Be At Least
(feet)
|
|---|---|
|
More than 100
|
15
|
|
More than 75 but not more than 100
|
12
|
|
More than 50 but not more than 75
|
10
|
|
More than 0 but not more than 50
|
7.5
|
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 one 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.
7.5.8
Section 7.4.4 (Sustainable Design) does not apply.
7.5.9
The provisions of § 5.3 (Landscaping, Transition and Screening) and § 5.3.5 [Required Depth or Width (in feet) of 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, and VHO) and shall have a depth of five 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.
7.5.12
Inclusionary Housing.
1.
In any development containing eight 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
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.
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 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.
