ALTERATION — Any change to the exterior of a
building, structure or setting, or part thereof, including construction,
demolition, moving, reconstruction, rehabilitation, removal, replication,
restoration, similar activities, or significant changes to the site
itself.
BUILDING
A combination of materials forming a shelter for persons,
animals, or property.
CERTIFICATE OF COMPATIBILITY
A form created and issued by the NCD Commission under this
bylaw which states that a proposed plan for construction or alterations
to a building, structure or setting within an NCD meets the regulations
and guidelines adopted for that NCD, and which is signed by that NCD
Commission's Chair or other officially delegated person responsible
for its issuance.
CERTIFICATE OF HARDSHIP
A form created and issued by the NCD Commission under this
bylaw, which states that owing to conditions especially affecting
the building or structure but not affecting the NCD generally, failure
to issue a certificate of compatibility would result in a substantial
hardship to the applicant and that such application may be approved
without substantial detriment to the public welfare and without substantial
derogation from the intent and purposes of the NCD, and which must
be signed by that NCD Commission's Chair or other officially designated
person.
CERTIFICATE OF NONAPPLICABILITY
A form created and issued by the NCD Commission under this
bylaw, which states that proposed changes to a building, structure,
or setting within an NCD are not subject to review under this bylaw,
and which is signed by that NCD Commission's Chair or other officially
designated person.
DEMOLITION
The act of pulling down, destroying, removing, or razing
a building or structure or any substantial portion thereof or the
act of commencing the work of total or substantial destruction with
the intent of completing the same. "Demolition" as used herein shall
be deemed to include demolition by neglect.
DEMOLITION BY NEGLECT
A process of ongoing damage to the fabric, viability or functionality
of an unoccupied building leading towards or causing its eventual
demolition due to decay, structural failure or severe degradation
over a period of time as a result of a general lack of maintenance;
failure to secure the building from pests or vandals; or failure to
take reasonable measures to prevent the ingress of water, snow, ice,
and wind through the roof, walls, or apertures.
EXTERIOR ARCHITECTURAL FEATURES
Such portions of the exterior of a building or structure,
including but not limited to the architectural style and general arrangement
and setting thereof; the type and texture of exterior building materials;
and the type and style of windows, doors, lights, signs and other
appurtenant fixtures.
GUIDELINES
Advisory guidelines, duly adopted under this bylaw, to guide
the review of proposed construction or alteration within a particular
designated NCD.
NCD AREA
The total geographic area covered by all of the properties studied under each §
78-3 study.
NCD COMMISSION
A public body established under this bylaw with the authority
to review and approve or disapprove proposed construction or alteration
to a building, structure, or setting in the NCD for compatibility
with the design guidelines established for that NCD. A separate NCD
Commission shall be established for each designated NCD.
PETITION
A document signed by at least 10 property owners, or for
an NCD Area consisting of 14 or fewer properties, two-thirds of the
property owners in said area, one signature per property, of a neighborhood
stating the desire of the property owners to form an NCD, and including
the supporting materials required to initiate the study process by
which an NCD is established.
[Amended 3-20-2017 ATM
by Art. 35]
PROPERTY OWNER
An owner of a property as listed on the Town of Lexington's
property tax rolls at the relevant time.
REGULATIONS
Mandatory regulations which describe the authority vested
in the NCD Area's NCD Commission, duly adopted under this bylaw.
REPORT
The document prepared by a Study Committee recommending favorable
or unfavorable action on a petition to establish an NCD.
SETTING
The characteristics of the site of a building, structure
or undeveloped property, including, but not limited to, placement
and orientation of the building or structure, and vegetation and landscaping.
STRUCTURE
A combination of materials other than a building, including
a sign, fence, wall, terrace, walk, or driveway.
STUDY COMMITTEE
The group of five people appointed to review, recommend or reject a petition to create an NCD, as described in §
78-3C, or amend an existing NCD, as contemplated in §
78-3I.
TEMPORARY STRUCTURES
Structures which have no permanent foundation, and are intended
to remain on a property only for a brief period of time, not to exceed
60 days.
The NCD Commission shall meet periodically with the property
owners in the NCD for the purpose of determining whether the NCD regulations
and guidelines are still appropriate. The first of these meetings
shall occur three years from the date of the District's designation
as an NCD, and shall occur at no less than seven-year intervals thereafter.
Nothing contained in this bylaw shall be construed as repealing
or modifying any existing bylaw or regulation of the Town, but it
shall be in addition thereto. If this bylaw imposes greater restrictions
upon the construction or alteration of buildings, structures or settings
than other bylaws or provisions of law, such greater restrictions
shall prevail.