[Amended 6-17-2013 STM by Art. 4; 3-26-2014 STM by Art. 30; 4-9-2014 ATM by Art. 32; 3-25-2015 ATM by Art. 52; 3-23-2016 ATM by Art. 37; 3-30-2016 ATM by Art. 40; 3-22-2017 ATM by Art. 46; 3-27-2017 ATM by Art. 41; 4-24-2017 ATM by Art. 43; 11-13-2018 STM by Art. 2; 11-19-2020 STM by Art. 12; 11-19-2020 STM by Art. 13; 11-19-2020 STM by Art. 14; 3-31-2021 ATM by Art. 44; 11-8-2021 STM by Art. 12; 11-8-2021 STM by Art. 13; 3-28-2022 ATM by Art. 35; 4-10-2023 ATM by Art. 33; 4-12-2023 ATM by Art. 34; 3-18-2024 ATM by Art. 47; 3-18-2024 ATM by Art. 49; 3-18-2024 ATM by Art. 52; 3-24-2025 ATM by Art. 31]
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.
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.
A building which is subordinate and customarily incidental to the principal building and is located on the same lot.
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.
A social day care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs.
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).
The creation, finishing, refinishing or similar production of custom or handmade commodities, together with the retailing of such commodities.
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.
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.
A bank, credit union, or any branch thereof, including electronic branches such as automatic teller machines and cash dispensers.
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.
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.
A private room, however named, planned, intended or used for sleeping and separated from other rooms by walls and a door.
Any sign, regardless of size, which advertises, calls attention to or promotes for commercial purposes any product, service or activity other than one manufactured, sold or engaged in on the premises at which the sign is located.
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.
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.
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."
The Building Commissioner of Lexington or his/her designee.
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.
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.
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.
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.
A day-care center or school age child care program, as those terms are defined in MGL c. 15D, § 1A.
Early-stage clinical testing and manufacturing to achieve the development of drug product and batch manufacturing.
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.
Regulations promulgated by agencies of the Commonwealth of Massachusetts.
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.
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.
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.
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.
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.
A structure designed principally to enclose equipment used in connection with wireless communication transmission and/or reception.
A type of special residential development as defined in § 6.9.
A wireless service facility within a building or other structure, which is not visible from outside the structure.
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.
Sales for the convenience of customers or clients already on the premises.
An establishment licensed to manufacture under MGL c. 138 that produces less than 465,000 gallons (or 15,000 barrels) on-site per year for consumption on or off premises, including craft breweries and microbreweries.
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.
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.
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 shall be calculated by subtracting from the lot area all land which is located in:
Light emitted from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.
An establishment primarily for dispensing food or beverage for consumption in a car on the premises.
An establishment primarily for dispensing food or beverage to persons in a car.
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).
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:
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.
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.
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.
MULTIFAMILY DWELLINGA dwelling containing three or more dwelling units, other than a townhouse.
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.
The word "erected" shall include the words "built," "constructed," "reconstructed," "altered," "enlarged," and "moved."
Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems whether underground or overhand, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith. Included are transformer stations, substations, pumping stations (except as an accessory use), and telephone exchanges.
The Massachusetts Executive Office of Housing and Livable Communities.
Any private residence operating a licensed facility as defined in MGL c. 15D, § 1A for up to six children.
Any private residence operating a licensed facility as defined in MGL c. 15, § 1A for up to 10 children.
A barrier intended to prevent escape or intrusion or to mark a boundary, but not a retaining wall.
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.
A piece of lightweight fabric, typically oblong or square, attached at one edge to a rope, building, or flown from a flagpole containing colors, patterns, symbols, and may contain words.
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.
FLOOR AREA RATIO, NONRESIDENTIALThe ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot.
GROSS FLOOR AREAThe 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.
NET FLOOR AREAThe 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:
Areas used for parking or loading.
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.
The thickness of load-bearing walls, at each floor.
Elevator shafts and common stairways, and common hallways at each floor.
Porches, balconies, and fire escapes.
Areas used for a child care facility as provided herein.
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.
A street to which the owner of the lot has a legal right of access and which provides the required lot frontage.
A lamp and fixture assembly designed with a cutoff angle of 90° so that no direct light is emitted above a horizontal plane.
A facility for the conducting of funerals and related activities such as embalming.
A space in a building designed and intended for the parking or storage of motor vehicles whether or not used for that purpose.
Light emitted from a luminaire with an intensity great enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see.
See "story, half."
The vertical distance between the lower elevation and the upper elevation, as described below.
The lower elevation shall be the natural grade of the land at the point of measurement prior to disturbance for construction. The elevation of the natural grade prior to disturbance for construction shall be certified by a registered land surveyor, or may be such elevation as the Building Commissioner may determine from Town maps or records. In a case where the finished grade is lower than the natural grade, the finished grade shall be the lower elevation.
The upper elevation shall be the highest point of any ridge, gable, other roof surface, or parapet.
The vertical distance from the finished grade of the ground directly below to the lowest direct-light-emitting part of the luminaire.
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.
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.
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.
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.
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.
An establishment providing lodging for guests on a short-term basis; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is through a lobby and interior corridors.
One or more individuals living together as a single housekeeping unit and occupying one dwelling or rooming unit.
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.
The ratio of the sum of all impervious surfaces on a lot to the developable site area of the lot.
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 EOHLC Local Initiative Program.
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.
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.
An establishment as defined in MGL c. 140, § 137A.
Laboratory or research establishments including biotechnology companies, but excluding laboratories categorized as Level 4 by the National Institutes for Health.
The component of a luminaire that produces the actual light.
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.
The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located.
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.
LOT AREAArea 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.
LOT, CORNERA lot bounded by more than one street which has an interior angle of 135° or less formed by the tangents or straight segments of street lines between the side or rear lines of such lot or by an extension of such street lines. A lot bounded by one street shall be considered a corner lot when the tangents or straight segments of the street line between the side lines of the lot form, or would form if extended, an interior angle of 105° or less.
LOT FRONTAGESee "frontage, lot."
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.
A complete lighting system, including a lamp or lamps and a fixture.
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.
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.
A marijuana establishment, as defined in MGL c. 94G, § 1, but not including a medical marijuana treatment center.
A facility licensed pursuant to 105 CMR 140.020.
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.
A medical marijuana treatment center or registered marijuana dispensary (RMD) as defined in Chapter 369 of the Acts of 2012.
Massachusetts General Laws.
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.
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.
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.
As defined in MGL c. 40A, § 1A.
Related to the Town of Lexington.
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.
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.
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.
As defined in MGL c. 40A, § 1A.
As defined in MGL c. 40A, § 1A.
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.
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.
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.
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.
See “peak period.”
The Building Commissioner, Planning Board or Board of Appeals, as the case may be, authorizing a building permit, special permit or site plan approval.
One or more individuals, a partnership, an association or a corporation.
A business providing drug development and drug manufacturing services in the pharmaceutical industry on a contract basis.
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.
A principal use is a main or primary use of a lot or structure.
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.
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.
A fixed playing area such as a tennis court or racquet ball platform.
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.
The term "reconstruction" shall include the voluntary demolition and rebuilding of the structure.
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.
A center for the acceptance by donation, redemption or purchase of reusable domestic containers from the public. Reusable domestic container means containers used primarily in residences and made of materials including, but not limited to, paper, glass, metal or plastic that are intended for reuse, remanufacture or reconstruction. Reusable domestic container does not include refuse or hazardous materials. In a recycling collection store sorting, limited cleaning, compaction or shredding of containers or other light processing activities necessary for efficient temporary storage and subsequent shipment to a recycling processing facility are permitted.
Research, 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 detectable beyond the property lines of the property abutting a residential area and shall otherwise comply with the Town' s Noise Bylaw.[1]
Any district in Lexington whose designation begins with R and any district in an abutting city or town primarily intended for residential use.
An establishment whose principal business is the sale of foods or beverages for consumption on premises, including cafes, cafeterias, or brewpubs.
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
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.
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.
One or more rooms designed, occupied or intended for occupancy as separate living quarters for one roomer with sleeping facilities but no kitchen facilities.
A public sanitary sewer of the Town of Lexington.
A device or instrument for the reception of television or other electronic communications broadcast or relayed from a satellite orbiting the earth.
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.
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.
Any display device, including but not limited to a board, placard, poster, or banner, which advertises or communicates information to persons not on the premises on which it is located.
SIGN, ACCESSORYAny 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.
SIGN, AWNINGA sign consisting of letters or graphics affixed to an awning or canopy that extends over a walkway, courtyard, drive, or other open area.
SIGN, BANNERA sign constructed of a long strip of fabric or other similar flexible material mounted or attached to a structure. For regulatory purposes, flags are not considered banners.
SIGN, NON-ACCESSORYAny sign that is not an accessory sign.
SIGN, PERMANENTAny sign which is not a temporary sign.
SIGN, PORTABLEA sign not attached to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character.
SIGN, PROJECTINGAny 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.
SIGN, STANDINGAny sign that is erected on and attached to the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign.
SIGN, TEMPORARYAny sign which by its design or use is temporary in nature intended for a limited period of display of less than one year and is not permanently mounted. Posters, construction signs, yard sales, real estate signs, lawn signs, and banner signs are considered to be temporary signs.
SIGN, WALLA sign securely fixed parallel to the face of a building wall.
SIGN, WINDOWA 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.
The area contained entirely within a signboard or if no signboard is present, the area contained within the smallest rectangle that encloses all of the wording or graphics of a sign. The area of a flat two-faced projecting or standing sign is the area of one face.
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.
A type of special residential development as defined in § 6.9.
A type of wireless communication facility where:
The facility is mounted on a structure 50 feet or less in height including its antennas, is no more than 10% 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%, whichever is greater;
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
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.
A solar energy system that is designed to be securely mounted on a building.
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.
A solar energy system that is not a building-mounted solar energy system, canopy solar energy system, or small-scale solar energy system.
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.
The authority empowered to grant special permits, which shall be the Board of Appeals unless some other board is so designated in these bylaws.
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.
Special permit granting authority.
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.
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.
The boundary of a street right-of-way or layout.
An area of land legally open for public travel under at least one of the following classifications:
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;
A way shown on a plan approved and endorsed in accordance with the Subdivision Control Law and constructed in accordance with such plan; or
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.
Land shall not be deemed to be a "street" as to any lot of land that does not have rights of access to and passage over said land. |
Anyything 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 driveway, a walk or a patio.
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.
Any pool having a depth of 24 inches or greater and a surface area of 250 square feet or greater.
An establishment primarily for dispensing food or beverage to persons carrying the food away for consumption elsewhere.
The Federal Telecommunications Act of 1996, as amended, and its implementing regulations.
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.
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.
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.
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.
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.
See "street, road or way."
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.
An entity licensed by the Federal Communications Commission (FCC) to provide wireless communication services to individuals, businesses or institutions.
Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Telecommunications Act.
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.
YARD, FRONTA yard extending between lot side lines across the lot adjacent to each street it abuts.
YARD, REARA yard extending between the side lines of a lot adjacent to the rear line of the lot.
YARD, SIDEA yard extending along each side line of a lot between front and rear yards.
YARD, MINIMUM REQUIREDA strip of land of uniform depth required by this bylaw measured from the lot line and adjacent thereto.
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.