Town of Lexington, MA
Middlesex County
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Table of Contents
Table of Contents
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.
ACCESSORY APARTMENT
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]
ACCESSORY BUILDING
A building which is subordinate and customarily incidental to the principal building and is located on the same lot.
ACCESSORY USE
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.
ADEQUATE COVERAGE (WIRELESS COMMUNICATIONS FACILITIES)
The geographic area in which the carrier provides a level of service expected by the Federal Communications Commission under its license or authority.
ADULT DAY CARE
A social day care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs.
ANTENNA
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).
ARTISAN WORK
The creation, finishing, refinishing or similar production of custom or handmade commodities, together with the retailing of such commodities.
ATTIC
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.
[Amended 3-27-2017 ATM by Art. 41]
AVAILABLE SPACE
The space on a tower or other structure to which antennas of a wireless communication service provider are able to fit structurally and be able to provide adequate coverage.
AVERAGE NATURAL GRADE
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.
BALANCED HOUSING DEVELOPMENT
A type of special permit residential development as defined in § 6.9.
BASEMENT
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]
BED-AND-BREAKFAST HOME
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.
BEDROOM
A private room, however named, planned, intended or used for sleeping and separated from other rooms by walls and a door.
BILLBOARD
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.
BIOTECH MANUFACTURING
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]
BODY WORK, MOTOR VEHICLE
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]
BUILDING
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."
BUILDING COMMISSIONER
The Building Commissioner of Lexington or his/her designee.
BUSINESS OR PROFESSIONAL OFFICE
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.
CAMOUFLAGED
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.
CARRIER
A company, authorized by the FCC, that provides wireless communication services.[1]
CENTER STOREFRONT
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]
CERTIFICATE OF OCCUPANCY
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.
CHANNEL
One of the assigned bands of radio frequencies as defined in the Telecommunications Act, licensed to the service provider for wireless service use.
[Amended 3-23-2016 ATM by Art. 37]
CHILD-CARE CENTER
A day-care center or school age child care program, as those terms are defined in MGL c. 15D, § 1A.
CLUB OR LODGE, PRIVATE
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.
CMR: CODE OF MASSACHUSETTS REGULATIONS
Regulations promulgated by agencies of the Commonwealth of Massachusetts.
CO-LOCATION
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.
COLOR RENDERING INDEX (CRI)
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.
COMMERCIAL DISTRICT
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.
COMMERCIAL VEHICLE
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.
COMMON OPEN SPACE
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]
COMMUNICATION EQUIPMENT SHELTER
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]
CONCEALED
A wireless service facility within a building or other structure, which is not visible from outside the structure.
CONGREGATE LIVING FACILITY
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.
CONVENIENCE BUSINESS USE
Sales for the convenience of customers or clients already on the premises.
CONVENTIONAL SUBDIVISION
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.
CRAWL SPACE
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]
CUTOFF ANGLE
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.[2]
DECK
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
Developable site area shall be calculated by subtracting from the lot area all land which is located in:
1. 
A "freshwater wetland" as defined in MGL c. 131, § 40, or land located under a brook, creek, stream or river or pond or lake; and
2. 
Another zoning district in which the principal use of the lot is not also permitted.[3]
DIRECT LIGHT
Light emitted from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
DISTRIBUTION CENTER
A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.
DRIVE-IN FOOD SERVICE
An establishment primarily for dispensing food or beverage for consumption in a car on the premises.
DRIVE-THROUGH FOOD SERVICE
An establishment primarily for dispensing food or beverage to persons in a car.
DRIVEWAY
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).
DWELLING
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:
1. 
A 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.
2. 
A 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.
3. 
A 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.
4. 
A dwelling containing three or more dwelling units, other than a townhouse.
DWELLING UNIT
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 family maintaining a household.
ERECTED
The word "erected" shall include the words "built," "constructed," "reconstructed," "altered," "enlarged," and "moved."
ESSENTIAL SERVICES
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.
FACILITY SITE
A lot or parcel, or any part thereof, which is owned or leased by one or more personal communication wireless service providers and upon which one or more wireless communication facilities and required landscaping are located.
FAMILY
One or more individuals living together as a single housekeeping unit and occupying one dwelling unit. For purposes of controlling residential density, not more than four unrelated individuals shall constitute a family; any roomer living in the dwelling unit shall be included in determining the number of unrelated individuals.
FAMILY CHILD CARE HOME
Any private residence operating a licensed facility as defined in MGL c. 15D, § 1A for up to six children.
FAMILY CHILD CARE HOME, LARGE
Any private residence operating a licensed facility as defined in MGL c. 15, § 1A for up to 10 children.
FAST-FOOD SERVICE
An establishment primarily for self-service or purchase of food or beverage at a counter for consumption on the premises.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency administering the National Flood Insurance Program.
FIXTURE
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.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
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.
FLOODWAY
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.
1. 
The ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot.
2. 
The 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]
3. 
The 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:
a. 
Areas used for parking or loading.
b. 
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.
c. 
The thickness of load-bearing walls, at each floor.
d. 
Elevator shafts and common stairways, and common hallways at each floor.
e. 
Porches, balconies, and fire escapes.
f. 
Areas used for a child care facility as provided herein.
FRONTAGE, LOT
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.
FRONTAGE STREET
A street to which the owner of the lot has a legal right of access and which provides the required lot frontage.
FULLY SHIELDED LUMINAIRE
A lamp and fixture assembly designed with a cutoff angle of 90° so that no direct light is emitted above a horizontal plane.
FUNERAL PARLOR
A facility for the conducting of funerals and related activities such as embalming.
[Amended 3-23-2016 ATM by Art. 37]
GARAGE
A space in a building designed and intended for the parking or storage of motor vehicles whether or not used for that purpose.
GLARE
Light emitted from a luminaire with an intensity great enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see.
HALF STORY
See "story, half."
HEIGHT, BUILDING
The vertical distance between the lower elevation and the upper elevation, as described below.
1. 
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.
2. 
The upper elevation shall be the highest point of any ridge, gable, other roof surface, or parapet.
HEIGHT OF LUMINAIRE
The vertical distance from the finished grade of the ground directly below to the lowest direct-light-emitting part of the luminaire.
HOME OCCUPATION
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.
1. 
A home occupation that consists of teaching that takes place inside the dwelling unit of the instructor. Typical instruction includes music lessons and academic tutoring.
2. 
A 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.
3. 
A 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.
HOTEL
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.
IMPERVIOUS SURFACE
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.
IMPERVIOUS SURFACE RATIO
The ratio of the sum of all impervious surfaces on a lot to the developable site area of the lot.[4]
INDOOR ATHLETIC AND EXERCISE FACILITY
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.
INTERIOR DRIVE
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.
KENNEL
An establishment as defined in MGL c. 140, § 137A.
LABORATORY, RESEARCH
Laboratory or research establishments including biotechnology companies, but excluding laboratories categorized as Level 4 by the National Institutes for Health.
LAMP
The component of a luminaire that produces the actual light.
LIGHT MANUFACTURING
Fabrication, processing, 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.
LIGHT TRESPASS
The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located.
LOT
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.
1. 
Area 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.
2. 
A 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.
3. 
See "frontage, lot."[5]
LUMEN
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.
LUMINAIRE
A complete lighting system, including a lamp or lamps and a fixture.
MANEUVERING AISLE
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.
MARIJUANA ESTABLISHMENT
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[6]]
MEDICAL CLINIC
A facility licensed pursuant to 105 CMR 140.020.
MEDICAL, DENTAL, OR PSYCHIATRIC OFFICES
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.
MEDICAL MARIJUANA TREATMENT CENTER
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]
MGL
Massachusetts General Laws.
MODIFICATION OF AN EXISTING FACILITY (WIRELESS COMMUNICATIONS FACILITIES)
Any material change or proposed change to a facility including but not limited to power input or output, number of antennas, change in antenna type or model, repositioning of antenna(s), or change in number of channels per antenna above the maximum number approved under an existing permit or special permit.
MONITORING (WIRELESS COMMUNICATIONS FACILITIES)
The measurement, by the use of instruments away from the antenna, of the electromagnetic radiation from a site as a whole, or from individual wireless communication facilities, towers, antennas, repeaters or associated power supplies and generators.
MONOPOLE
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.
MOTEL
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.
MOTOR VEHICLE TRIP
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.
MUNICIPAL
Related to the Town of Lexington.[7]
NONCOMMERCIAL MESSAGE
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.
NONCONFORMING
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.
NURSERY
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.[8]
OVERLAY DISTRICT
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.
PARKING LOT
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.
PEAK HOUR
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.
PEAK PERIOD
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]
PEAK TRAFFIC HOURS
See “peak period.”
[Added 4-9-2014 ATM by Art. 32]
PERMITTING AUTHORITY
The Building Commissioner, Planning Board or Board of Appeals, as the case may be, authorizing a building permit, special permit or site plan approval.
PERSON
One or more individuals, a partnership, an association or a corporation.
PORCH
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.
PRINCIPAL USE
A principal use is a main or primary use of a lot or structure.
PRIVATE POSTAL SERVICES
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.
PROOF PLAN
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.[9]
[Amended 3-23-2016 ATM by Art. 37]
PUBLIC BENEFIT DEVELOPMENT
A type of special permit residential development as defined in § 6.9.
RACQUET COURT
A fixed playing area such as a tennis court or racquet ball platform.[10]
REAR LINE OF A LOT
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.
RECONSTRUCTION
The term "reconstruction" shall include the voluntary demolition and rebuilding of the structure.
RECORDED
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.
RECYCLING COLLECTION STORE
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.
REPEATER
A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage from the primary sending and receiving site in a wireless communication network.
[Amended 3-25-2015 ATM by Art. 52]
RESIDENTIAL DISTRICT
Any district in Lexington whose designation begins with R and any district in an abutting city or town primarily intended for residential use.
RESTAURANT
An establishment primarily for serving by a waiter or waitress and consumption of meals at tables or at a counter, on the premises.
RIVERINE
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
ROADSIDE STAND
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.
ROOMER
An individual, other than a member of a family occupying a dwelling unit, 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.
ROOMING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living quarters for one roomer with sleeping facilities but no kitchen facilities.
SANITARY SEWER
A public sanitary sewer of the Town of Lexington.
SATELLITE RECEIVING ANTENNA
A device or instrument for the reception of television or other electronic communications broadcast or relayed from a satellite orbiting the earth.
SCHOOL AGE CHILD CARE PROGRAM
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.
SIDE LINE OF A LOT
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.
SIGN
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.
1. 
Any 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.
2. 
Any 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.
3. 
Any sign that is not an accessory sign.
4. 
Any 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.
5. 
The 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.
6. 
Any 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.
7. 
A sign securely fixed parallel to the face of a building wall.
8. 
A 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.
SITE COVERAGE
The sum of all parts of a lot that are covered by a principal or accessory building or other structure, such parts 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.
SITE SENSITIVE DEVELOPMENT
A type of special permit residential development as defined in § 6.9.
SPECIAL FLOOD HAZARD AREA
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.
SPECIAL PERMIT GRANTING AUTHORITY
The authority empowered to grant special permits, which shall be the Board of Appeals unless some other board is so designated in these bylaws.
SPECIAL PERMIT RESIDENTIAL DEVELOPMENT
A residential development regulated by § 6.9, in which a tract of land is divided into one or more lots for constructing dwellings in one or more groups and common open space.
SPGA
Special permit granting authority.
STORY
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]
STORY, HALF
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]
STREET LINE
The boundary of a street right-of-way or layout.
STREET, ROAD OR WAY
An area of land legally open for public travel under at least one of the following classifications:
1. 
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;
2. 
A way shown on a plan approved and endorsed in accordance with the Subdivision Control Law and constructed in accordance with such plan; or
3. 
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.
STRUCTURE
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 panels, or the like, or the parts thereof, 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]
STRUCTURE (NATIONAL FLOOD INSURANCE DISTRICT)
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.[11]
SUBDIVISION REGULATIONS
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]
SWIMMING POOL
Any pool having a depth of 24 inches or greater and a surface area of 250 square feet or greater.
TAKEOUT FOOD SERVICE
An establishment primarily for dispensing food or beverage to persons carrying the food away for consumption elsewhere.
TELECOMMUNICATIONS ACT
The Federal Telecommunications Act of 1996.
[Added 3-23-2016 ATM by Art. 37]
TEMPORARY
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.
TOWER
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.
TRACT
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.
TRADE SHOP
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.
VETERINARIAN'S OFFICE
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.
WAY
See "street, road or way."
WIRELESS COMMUNICATION FACILITY
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.
WIRELESS COMMUNICATION SERVICE PROVIDER
An entity licensed by the Federal Communications Commission (FCC) to provide wireless communication services to individuals, businesses or institutions.
WIRELESS COMMUNICATION SERVICES
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]
YARD
An open space on a lot unoccupied by a building or structure or such parts thereof as covered or uncovered porches, steps, cornices, eaves and other projections; provided however that fences, gates or security stations, yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard but shall be subject to height limitations. Yard depth shall be measured from the street or 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 or street line. The minimum required yard shall be a strip of land of uniform depth required by this bylaw measured from the lot or street line and adjacent thereto.
1. 
A yard extending between lot side lines across the lot adjacent to each street it abuts.
2. 
A yard extending between the side lines of a lot adjacent to the rear line of the lot.
3. 
A yard extending along each side line of a lot between front and rear yards.
ZONE A (NATIONAL FLOOD INSURANCE DISTRICT)
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.
ZONE A1-30 AND ZONE AE (FOR NEW AND REVISED MAPS) (NATIONAL FLOOD INSURANCE DISTRICT)
The one-hundred-year floodplain where the base flood elevation has been determined.
ZONES B, C, AND X (NATIONAL FLOOD INSURANCE DISTRICT)
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.
ZONING REGULATIONS
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 “cellar,” which immediately followed, was repealed 3-27-2017 ATM by Art. 41.
[2]
Editor's Note: The former definition of "DBM," which immediately followed this definition, was repealed 3-23-2016 ATM by Art. 37.
[3]
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."
[4]
Editor's Note: The former definition of "indirect light," which immediately followed this definition, was repealed 3-23-2016 ATM by Art. 37.
[5]
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.
[6]
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.
[7]
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.
[8]
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.
[9]
Editor’s Note: The definition of “public,” which immediately followed this definition, was repealed 4-9-2014 ATM by Art. 32.
[10]
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.
[11]
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.