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.
[Amended 3-30-2016 ATM
by Art. 40]
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.[1]
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.[2]
[Amended 3-27-2017 ATM
by Art. 41]
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.
[3]A bank, credit union, or any branch thereof, including electronic
branches such as automatic teller machines and cash dispensers.
[Added 11-19-2020 STM
by Art. 12]
A space in a building having its floor surface entirely below
average natural grade and a height of at least six feet eight inches
from its floor surface to the bottom of the joists of the floor above.
[Amended 3-27-2017 ATM
by Art. 41]
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.
[Added 4-24-2017 ATM
by Art. 43]
Repairs to motor vehicle bodies, including fenders, bumpers
and similar components of motor vehicle bodies, but not the storage
of vehicles for the cannibalization of parts.
[Amended 4-9-2014 ATM by Art. 32]
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.
[Amended 3-31-2021 ATM by Art. 44]
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.[4]
The portion of the ground floor level of a building in the
CB District that has frontage on a public way or a public parking
lot.
[Added 3-25-2015 ATM
by Art. 52]
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.[5]
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.
[Added 3-31-2021 ATM by Art. 44]
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.
[Amended 4-9-2014 ATM by Art. 32]
A structure designed principally to enclose equipment used
in connection with wireless communication transmission and/or reception.
[Amended 4-9-2014 ATM by Art. 32]
A type of special residential development as defined in § 6.9.
[Added 4-10-2023 ATM by Art. 33]
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.
The division of a tract of land into two or more lots complying
with the dimensional standards set forth in this bylaw, accompanied
by the construction of certain public facilities, in accordance with
MGL c. 41, §§ 81K to 81GG.
A space in a building having its floor surface entirely below
average natural grade and a height of less than six feet eight inches
from the floor surface to the bottom of the joists above.
[Amended 3-27-2017 ATM
by Art. 41]
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.[6]
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.
The Massachusetts Department of Housing and Community Development.
[Added 4-12-2023 ATM by Art. 34]
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.
[Amended 11-8-2021 STM by Art. 13]
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.[8]
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.
An establishment primarily for self-service or purchase of
food or beverage at a counter for consumption on the premises.
The federal agency administering the National Flood Insurance
Program.
A barrier intended to prevent escape or intrusion or to mark
a boundary, but not a retaining wall.
[Added 11-8-2021 STM by Art. 12]
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 place where individual small business owners or employees,
remote workers, or freelancers can work alongside one another in a
common space, or a business incubator, where individuals working to
launch a new business can rent space in which to perform office work
and access shared resources such as printers, scanners, and other
tools and services such as financial counseling and management training.
A flex office may also be used for light manufacturing or makerspace.
[Added 3-31-2021 ATM by Art. 44]
An Official Map of a community issued by FEMA where the boundaries
of the flood and related erosion areas having special hazards have
been designated as Zone A or E.
An Official Map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
An examination, evaluation, and determination of flood hazards,
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion
hazards.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
FLOOR AREA 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.
[Amended 3-27-2017 ATM
by Art. 41]
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.
[Amended 3-23-2016 ATM
by Art. 37]
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.
[Added 3-28-2022 ATM by Art. 35]
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.
[Amended 11-8-2021 STM by Art. 13]
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.[9]
A dwelling unit, the sale, lease, or rental of which is permanently
restricted with limits on the household income of occupants, sale
price, and rent through a deed rider or other restriction acceptable
to the Town in conformance to the Lexington Moderate Unit Income Guidelines
or as regulated as a Local Action Unit under the DHCD Local Initiative
Program.
[Added 3-28-2022 ATM by Art. 35]
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.
[Amended 3-31-2021 ATM by Art. 44]
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."[10]
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.
[Added 3-31-2021 ATM by Art. 44]
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.
[Added 11-13-2018 STM by Art.
2[11]]
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.
[Added 11-13-2018 STM
by Art. 2]
Massachusetts General Laws.[12]
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.
[Amended 3-28-2022 ATM by Art. 35]
Related to the Town of Lexington.[13]
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.[14]
As defined in MGL c. 40A, § 1A.
[Added 3-28-2022 ATM by Art. 35]
As defined in MGL c. 40A, § 1A.
[Added 3-28-2022 ATM by Art. 35]
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.
[Added 4-9-2014 ATM by Art. 32]
See “peak period.”
[Added 4-9-2014 ATM by Art. 32]
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.
[Added 3-31-2021 ATM by Art. 44]
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.[15]
[Amended 3-23-2016 ATM
by Art. 37]
A fixed playing area such as a tennis court or racquet ball
platform.[16]
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.[17]
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.[18]
[Added 3-31-2021 ATM by Art. 44]
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 primarily for serving by a waiter or waitress
and consumption of meals at tables or a counter, on the premises.
A brewpub serving at least 25% of the establishment's brewing production
capacity on-site shall be classified as a restaurant.
[Amended 3-31-2021 ATM by Art. 44]
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.
[Amended 11-8-2021 STM by Art. 13]
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, flag 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, COMMERCIALAny sign, regardless of size, which advertises, calls attention to, or indicates any commercial product, service or activity, whether or not manufactured, sold or engaged in on the premises at which the sign is displayed.
SIGN, NON-ACCESSORYAny sign that is not an accessory sign.
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 SIZEThe size of a sign shall include any intermediary removable surface to which it is affixed. The area of a flat two-faced projecting or standing sign is the area of one face. The width of a sign is its horizontal dimensions even when this is the smaller dimension.
SIGN, STANDINGAny sign that is erected on the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign.
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 sum of all parts of a lot that are covered by a principal
or accessory building or other structure, other than a solar energy
system, such portions of the lot to be delineated by the intersection
of the ground with the vertical plane of the outermost walls or projections
of a building or structure whether in contact with the ground or projecting
over it.
[Amended 11-19-2020 STM
by Art. 13]
A type of special residential development as defined in § 6.9.
[Amended 4-10-2023 ATM by Art. 33]
A type of wireless communication facility where:
[Added 11-19-2020 STM
by Art. 14]
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.
[Added 11-19-2020 STM
by Art. 13]
A solar energy system that is designed to be securely mounted
on a building.
[Added 11-19-2020 STM
by Art. 13]
A solar energy system structure that is built to cover a
parking lot or other open-air use that is not a building-mounted solar
energy system.
[Added 11-19-2020 STM
by Art. 13]
A solar energy system that is not a building-mounted solar
energy system, canopy solar energy system, or small-scale solar energy
system.
[Added 11-19-2020 STM
by Art. 13]
A solar energy system that is not a building-mounted solar
energy system or canopy solar energy system where the total lot area
covered by all solar energy systems on the lot is less than or equal
to 1,500 square feet.
[Added 11-19-2020 STM
by Art. 13]
An area having special flood and/or flood-related erosion
hazards, and shown on a FHBM or FIRM as Zone A, AO, A1-30, AE, A99,
AH, V, V1-30, V.
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.
[Amended 4-10-2023 ATM by Art. 33]
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.
[Amended 3-27-2017 ATM
by Art. 41]
A story under a sloping roof accessed by a stairway compliant
with the building code. The gross floor area with head room of five
feet or more may not exceed 40% of the total floor area of the second
story. Dormers may be constructed on those exterior walls provided
the length of the dormers as measured between the lowest bearing points
of the dormers on the rafters of the sloping roof does not exceed
50% of the length of the sloping roof to which it is attached.
[Amended 3-27-2017 ATM
by Art. 41]
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.
|
Anything constructed or erected, the use of which requires
a fixed location on the ground, or attachment to something located
on the ground, including buildings, mobile homes, billboards, tanks,
solar energy systems, or the like, or the parts thereof, fences, retaining
walls, and swimming pools, but not including paved surfaces such as
a driveway, a walk or a patio.
[Amended 3-25-2015 ATM
by Art. 52; 11-19-2020 STM by
Art. 13; 11-8-2021 STM by Art. 12]
A walled and roofed building, including a gas or liquid storage
tank, which is principally above ground, as well as a manufactured
home. "Structure," for insurance coverage purposes, means a walled
and roofed building, other than a gas or liquid storage tank, which
is principally above ground and affixed to a permanent site, as well
as a manufactured home on foundation. For the latter purpose, the
term includes a building while in the course of construction, alteration,
or repair, but does not include building materials or supplies intended
for use in such construction, alteration, or repair, unless such materials
or supplies are within an enclosed building on the premises.[19]
Chapter 175 of the Code of Lexington is the document adopted and amended from time to time by the Planning Board, containing various regulations, procedures, standards, and fees for actions used in dealing with subdivision control and other matters relative to residential and commercial development in Lexington.
[Added 3-23-2016 ATM
by Art. 37]
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.
[Added 3-23-2016 ATM
by Art. 37; 11-19-2020 STM by
Art. 14]
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.
[Amended 3-23-2016 ATM
by Art. 37]
An open space on a lot unoccupied by a building or such parts
thereof as covered or uncovered porches, steps, cornices, eaves and
other projections. Yard depth shall be measured from the lot line,
and not from the middle of any public or private way whether owned
pursuant to the derelict fee statute or otherwise, to the nearest
point on a building in a line perpendicular or normal to such lot
line.
[Amended 11-19-2020 STM
by Art. 13; 11-8-2021 STM by Art. 12]
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.
The one-hundred-year floodplain area where the base flood
elevation (BFE) has not been determined. To determine the BFE, use
the best available federal, state, local, or other data.
The one-hundred-year floodplain where the base flood elevation
has been determined.
Areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B
and C on new and revised maps.
Chapter 176 of the Code of Lexington is the document adopted and amended from time to time by the Planning Board, containing various regulations, procedures, standards, and fees for actions that the Planning Board uses in dealing with special permits, site plan review, and other matters relative to residential and commercial development in Lexington.
[Added 3-23-2016 ATM
by Art. 37]
[1]
Editor’s Note: The definition of "adequate coverage
(wireless communications facilities)," which immediately followed,
was repealed 11-19-2020 STM by Art. 14.
[2]
Editor’s Note: The definition of "available space,"
which immediately followed, was repealed 11-19-2020 STM by Art. 14.
[3]
Editor's Note: The definition of "balanced housing development,"
which immediately followed, was repealed 4-10-2023 ATM by Art. 33.
[4]
Editor’s Note: The definition of "carrier," which immediately
followed, was repealed 11-19-2020 STM by Art. 14. The definition of
"cellar," which also followed, was repealed 3-27-2017 ATM by Art.
41.
[5]
Editor’s Note: The definition of "channel," which immediately
followed, was repealed 11-19-2020 STM by Art. 14.
[6]
Editor's Note: The former definition of "DBM," which immediately
followed this definition, was repealed 3-23-2016 ATM by Art. 37.
[7]
Editor's Note: The former definition of "development regulations,"
which immediately followed this definition, was repealed 3-23-2016
ATM by Art. 37. See now the definitions of "subdivision regulations"
and "zoning regulations."
[8]
Editor’s Note: The definition of "facility site," which
immediately followed, was repealed 11-19-2020 STM by Art. 14. The
definition of "family," which immediately followed was amended 11-8-2021 STM by Art. 13. See now the definition of "household."
[9]
Editor's Note: The former definition of "indirect light,"
which immediately followed this definition, was repealed 3-23-2016
ATM by Art. 37.
[10]
Editor's Note: The former definition of "lowest floor (National
Flood Insurance District)," which immediately followed this definition,
was repealed 3-23-2016 ATM by Art. 37.
[11]
Editor's Note: This article also repealed the definitions
"medical marijuana cultivation center (MMCC)," added 3-22-2017 ATM
by Art. 46, "medical marijuana distribution center," added 3-26-2014
STM by Art. 30, and "medical marijuana processing center (MMPC),"
added 3-22-2017 ATM by Art. 46. Article 46 from the 3-22-2017 ATM
also repealed the definition of "medical marijuana treatment center
(MMTC)," added 6-17-2013 STM by Art. 4, as amended 3-26-2014 STM by
Art. 30.
[12]
Editor’s Note: The definitions of "modification of an
existing facility (wireless communications facilities)" and "monitoring
(wireless communications facilities)," which immediately followed,
were repealed 11-19-2020 STM by Art. 14.
[13]
Editor's Note: The former definition of "new construction
(National Flood Insurance District)," which immediately followed this
definition, was repealed 3-23-2016 ATM by Art. 37.
[14]
Editor’s Note: The definition of “one-hundred-year flood,” which immediately followed this definition, was repealed 4-9-2014 ATM by Art. 32. See Section 7.1.
[15]
Editor’s Note: The definition of “public,”
which immediately followed this definition, was repealed 4-9-2014
ATM by Art. 32, and the definition of "public benefit development,"
which immediately followed, was repealed 4-10-2023 ATM by Art. 33.
[16]
Editor's Note: The former definition of "radio-frequency radiation
(RFR)," which immediately followed this definition, was repealed 3-23-2016
ATM by Art. 37.
[17]
Editor’s Note: The definition of "repeater," which immediately
followed, was repealed 11-19-2020 STM by Art. 14.
[19]
Editor's Note: The former definitions of "substantial damage
(National Flood Insurance District)" and "substantial improvement
(National Flood Insurance District)," which immediately followed this
definition, were repealed 3-23-2016 ATM by Art. 37.
