Town of Lexington, MA SECTION 135-7.0 SPECIAL DISTRICT REGULATIONS

7.1 NATIONAL FLOOD INSURANCE (NFI) DISTRICT.

Amended [3-23-2016 ATM by Art. 36; 3-24-2021 ATM by Art. 42; 3-24-2025 ATM by Art. 31]

7.1.1 Purpose.

1. Ensure public safety through reducing the threats to life and personal injury;

2. Eliminate new hazards to emergency response officials;

3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

5. Eliminate costs associated with the response and cleanup of flooding conditions; and

6. Reduce damage to public and private property resulting from flooding waters.

7.1.2 Overlay District. The NFI District shall not supersede other zoning districts but shall be deemed to be superimposed over these other zoning districts.

7.1.3 Location. The NFI District includes all special flood hazard areas within the Town of Lexington designated as Zone A and AE on the Middlesex County, Massachusetts Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District may be defined by the 1%-change (one-hundred-year) base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report, dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Conservation Commission, and Engineering office and available on the Town website.

7.1.4 Base Flood Elevation and Floodway Data.

1. Floodway data. In Zones A and AE, along watercourses within the Town of Lexington that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

2. Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

7.1.5 Notification of Watercourse Alteration. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:

1. Adjacent communities;

2. NFIP State Coordinator, Massachusetts Department of Conservation and Recreation; and

3. NFIP Program Specialist, Federal Emergency Management Agency, Region I.

7.1.6 Use Regulations.

1. All man-made changes to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations in the NFI District, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with MGL c. 131, § 40 and with the following:

a. Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;

b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

d. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

2. Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

3. In Zones AE, along watercourses within the Town of Lexington that have a regulatory floodway designated on the Middlesex County FIRM Map, encroachments are prohibited in the regulatory floodway, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encouragement would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

4. All subdivision proposals must be designed to assure that:

a. Such proposals minimize flood damage;

b. All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

c. Adequate drainage is provided to reduce exposure to flood hazards.

5. Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

7.1.7 Floodplain Administrator. The Town Manager or their designee shall serve as the official Floodplain Administrator for the Town of Lexington.

7.1.8 Permits Required. Permits are required for all proposed development in the Floodplain Overlay District, as required by the Floodplain Administrator or their designee. The Town requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

7.1.9 Assure that all necessary permits are obtained. The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

7.1.10 In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

7.1.11 In A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

7.1.12 If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town of Lexington will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:

1. NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

2. NFIP Program Specialist, Federal Emergency Management Agency, Region I.

7.1.13 Variances to Floodplain Standards Issued by the State Building Code.

1. The Town of Lexington will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

2. The Town of Lexington shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

3. Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

7.1.14 Other Variances. A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if:

1. Good and sufficient cause and exceptional non-financial hardship exist;

2. The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

3. The variance is the minimum action necessary to afford relief.

7.1.15 Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

7.1.16 Disclaimer of Liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

7.1.17 Definitions. The following words shall be defined as in this Subsection 7.1.18 for the purposes of this Section 7.1.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [U.S. Code of Federal Regulations, Title 44, Part 59]

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency administering the National Flood Insurance Program.

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.

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [U.S. Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [U.S. Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE

Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs.

[U.S. Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE

A vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[U.S. Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY

See "floodway."

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. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

1. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

2. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [U.S. Code of Federal Regulations, Title 44, Part 59]

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.

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

VARIANCE

For floodplain management purposes, means a grant of relief by a community from the terms of a floodplain management regulation. [U.S. Code of Federal Regulations, Title 44, Part 59]

VIOLATION

For floodplain management purposes, means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided. [U.S. Code of Federal Regulations, Title 44, Part 59]

ZONE A (NATIONAL FLOOD INSURANCE DISTRICT)

The 100-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 100-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.

7.2 TRANSPORTATION MANAGEMENT OVERLAY DISTRICT.

7.2.1 Purpose. The Town may create Transportation Management Overlay (TMO) Districts that allow greater opportunity for facilitating effective multi-modal transportation networks that increase the quality of life in Lexington through improved traffic management and mitigation to that outlined in §§ 5.1 and 5.5, consistent with the following principles:

1. Multimodal consideration. To ensure that the safety and mobility of all users of the circulation and transportation systems, including vehicles, public transit, pedestrians and cyclist, are considered equally;

2. Context sensitive design. To incorporate, throughout project planning, design, and construction, the overarching principles of Context Sensitive Design, including attention to scenic, aesthetic, historic, and environmental resources; and

3. Clear process. To develop and implement plans adopted through a broad-based, clear and transparent process.

7.2.2 Overlay District. A TMO District shall not supersede other zoning districts, but shall be deemed to be superimposed over these other zoning districts, except that if an applicant elects to comply with the requirements in this section, this section shall supersede §§ 5.1 and 5.5.

7.2.3 Applicability. The provisions of this section shall apply to developments located within a TMO District that elect to comply with the requirements of this section, rather than complying with §§ 5.1 and 5.5. Notwithstanding anything set forth herein to the contrary, an applicant may not make such an election until a plan for the TMO District has been adopted by the Planning Board as described below. A final certificate of occupancy shall not be issued unless or until all provisions of this section have been satisfied, except for those conditions that by their terms are intended to be satisfied after occupancy of the structures for which the certificate of occupancy is sought.

7.2.4 Transportation Plan Required. The Planning Board, after consultation with the Select Board and an advertised public meeting, shall adopt a specific plan for each TMO District containing the following elements:

[Amended 3-25-2019 ATM by Art. 37]

1. Assessment of the impacts of reasonably anticipated future development in the TMO District considering current zoning bylaws and other legal and physical constraints;

2. Analysis of existing capital improvement plans or the facilities element of a plan adopted under MGL c. 41, § 81D;

3. Cost projections for transportation infrastructure improvements required to address the impacts generated by the anticipated development in the TMO District, including the potential impact on nearby residential streets and neighborhoods;

4. Analysis of other reasonably anticipated sources of funding;

5. Required transportation mitigation fees in accordance with a methodology determined pursuant to this study;

6. Off-street parking and loading requirements for the TMO District;

7. Parking and Transportation Demand Management techniques reasonably calculated to reduce the number of vehicle trips generated by developments in the TMO District and to ensure the long term stability of the transportation system;

8. An implementation program that defines and schedules the specific municipal actions necessary to achieve the objectives of the plan; and

9. A plan to encourage voluntary participation in TDM programs by those not required to participate.

The plan shall be updated periodically to reflect actual development activity, actual costs of infrastructure improvements completed or underway, plan changes, or amendments to the zoning bylaws.

7.2.5 Transportation mitigation fee. The imposition of a transportation mitigation fee shall not prevent the Town from imposing fees it may otherwise impose under local bylaws. The payment of a transportation mitigation fee is required when an applicant elects to proceed under this section, subject to the following:

1. Timing of payment. Payment of the transportation mitigation fee shall be in cash, under terms and conditions specified in the TMO District plan.

2. Payment use. Any transportation mitigation fees paid to the Town are intended to be used to fund transportation infrastructure improvements that are necessitated by the proposed development of the applicant. Examples of appropriate uses include the costs related to the provision of equipment, infrastructure, facilities, services, or studies associated with the following: traffic mitigation; public transportation; bicycle and pedestrian accommodations or other transportation-related improvements. Except where deficiencies are exacerbated by the new development, in which case the fee may be assessed only in proportion to the deficiency so exacerbated, the fee shall not be expended for personnel costs, normal operation and maintenance costs, or to remedy deficiencies in existing facilities. The expenditure of the fees without Town Meeting appropriation is prohibited.

3. Rough proportionality and reasonable benefit to fee payer. The transportation mitigation fee shall be determined by the TMO District plan described in § 7.2.4. The fee shall be roughly proportionate to the impacts created by the development. The purposes for which the fee is expended shall reasonably benefit the proposed development.

7.2.6 Parking and Transportation Demand Management. Submission of a Parking and Transportation Demand Management (PTDM) plan, which is consistent with the TMO District plan described above, is required when an applicant elects to proceed under this section. Compliance with the submitted PTDM plan shall be a condition of any permit approvals.

7.2.7 Enforcement. Compliance with the PTDM plan submitted with an approved permit application may be enforced through § 9.1.

7.2.8 Special Permit. Where a development electing to proceed under this section also requires a special permit, the SPGA shall not grant the special permit unless it imposes conditions, including transportation mitigation fees and parking and transportation demand management requirements, to meet the goals of the TMO District plan.

7.3 PLANNED DEVELOPMENT DISTRICTS. [1]

[Amended 4-9-2014 ATM by Art. 32; 3-23-2016 ATM by Art. 37; 4-25-2016 ATM by Art. 44]

7.3.1 Purpose. A planned development (PD) district is intended to:

1. Permit considerable flexibility in the development of tracts of land by requiring few predetermined standards;

2. Permit a developer to propose, and for the Town to vote on, a site development and use plan unique to a particular location;

3. Permit the use of development standards more detailed than the more general standards elsewhere in this bylaw; and

4. Provide information for the Town to evaluate the potential impacts of a proposed development and to enable the Town to require adherence to such site development plans.

7.3.2 Provisions Applicable to PD Districts.

1. Standards for development. A PD District does not have predetermined standards for development. Such standards are to be proposed by the developer, included in the preliminary site development and use plan, and approved by Town Meeting.

2. Uses permitted. Any uses may be permitted in a PD District if they are clearly identified in the preliminary site development and use plan approved by Town Meeting.

3. Compliance required. No use is permitted and no development may occur in a PD District except in substantial conformity with a preliminary site development and use plan approved by Town Meeting, the provisions of this section and site plan review under § 9.5. In no case may the use or development be inconsistent with the text of the preliminary site development and use plan.

4. Filings. Each petition presented to the Town Meeting for rezoning land to a PD District shall include a preliminary site development and use plan describing the proposed zoning provisions and development plan as described in the Planning Board's rules and regulations. Two copies of the preliminary site development and use plan, which accompanies a petition for a rezoning, shall be filed with the Town Clerk and one copy with the Planning Board at least three weeks prior to the Planning Board public hearing required to be held under MGL c. 40A. Subsequent to that public hearing, revisions to the preliminary site development and use plan may be filed with the Town Clerk and the Planning Board. The vote of the Town Meeting shall refer to the preliminary site development and use plan and it shall be considered part of the rezoning action.

5. Previous amendments. The preliminary site development and use plan for an existing PD District that was approved by an earlier Town Meeting may be amended. The proposed amendments shall be presented and acted upon in the same manner set forth in this section for an original petition.

6. Application for site plan review. The application for site plan review under this section shall be accompanied by a copy, certified by the Town Clerk, of the preliminary site development and use plan approved by the Town Meeting.

7.3.3 Existing RD and CD Districts.

Existing CD and RD districts adopted under previous versions of this bylaw shall be governed by the version of this bylaw in effect on 1 January 2016 only until they are eliminated or amended. Any such elimination or amendment shall follow the procedures in this section.

7.3.4 Protected Uses. Notwithstanding other provisions of § 7.3 and any preliminary site development and use plan, the following uses and structures protected by MGL c. 40A, § 3 shall be permitted in any PD, CD, or RD District:

[Added 11-19-2020 STM by Art. 13; 11-8-2021 STM by Art. 14]

1. Building-mounted solar energy systems and small-scale solar energy systems shall be permitted by right.

2. Canopy solar energy systems and large-scale solar energy system shall be permitted with site plan review under § 135-9.5.

[1] Editor’s Note: A complete list of Planned Development Districts, including PD Planned Development Districts, RD Planned Residential Development Districts, and CD Planned Commercial Development Districts, is on file with the Planning Office.

7.4 CM DISTRICT.

[Added 11-12-2020 STM by Art. 16]

In addition to other standards set forth in this bylaw, the following standards shall apply to development in the CM District.

7.4.1 Height Limits.

1. Height near streets. The difference between the upper elevation of each segment of a building or structure and the center-line grade of any street or bikeway shall be no greater than the distance from that segment to the center line of a street multiplied by 1.0 or to the center line of a bikeway multiplied by 2.0.

7.4.2 Outdoor Amenities.

1. At least 15% of the developable site area of each lot shall be devoted to outdoor amenities, including but not limited to courtyards, street-side or rooftop terraces, plazas, or passageways for pedestrians or bicycles.

2. Outdoor amenities may be directed at the general public; directed at residents, businesses and patrons, but open to the public; or private to a specific user.

3. For the purpose of this section, multiple lots may be considered as a single lot where a binding agreement provides for shared use and maintenance of the amenities.

4. The Planning Board may adopt design standards for outdoor amenities through regulations.

7.4.3 Bedford Street Front Yard. Along the southwesterly side of Bedford Street there shall be a front yard of 70 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689, dated June 3, 1958, and shown as auxiliary base line "F on the State Highway Alteration layout 5016, dated August 30, 1960.

7.4.4 Sustainable Design. The provisions below are intended to encourage construction of sustainable buildings. Each of these provisions applies only if permitted by MGL c. 40A, § 3 and other state law:

1. Buildings which are not designed to meet the requirements to demonstrate certifiability at the Silver level using the LEED v4 for Building Design and Construction: Core and Shell checklist, as outlined by the United States Green Building Council, are limited to 65 feet in height.

2. Buildings utilizing on-site combustion for HVAC system operation are limited to six stories.

3. The Planning Board in its regulations may establish additional standards for site plan review under § 9.5 incorporating sustainability principles that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community.

7.4.5 Special Permit. The SPGA may grant a special permit modifying the requirements of § 7.4.

7.5 VILLAGE AND MULTIFAMILY OVERLAY DISTRICTS

[Added 4-12-2023 ATM by Art. 34; amended 3-18-2024 ATM by Art. 50; 3-18-2024 ATM by Art. 51; 3-18-2024 ATM by Art. 52; 2-3-2025 STM by Art. 2; 3-24-2025 ATM by Art. 34]

7.5.1 Purpose. The purposes of the Village Overlay Districts are:

1. To provide family housing and ensure compliance with MGL c. 40A § 3A;

2. To promote multifamily housing near retail sales and services, office, civic, and personal service uses;

3. To reduce dependency on automobiles by providing opportunities for upper-story and multifamily housing near public transportation such as bus stops, the Minuteman Commuter Bikeway, and major transportation routes;

4. To ensure pedestrian-friendly development by permitting higher-density housing in areas that are walkable to public transportation, shopping, and local services;

5. To respond to the local and regional need for affordable housing by permitting a variety of housing types with inclusionary housing requirements;

6. To encourage economic investment in the redevelopment of properties;

7. To encourage residential and commercial uses to provide a customer base for local businesses; and

8. To meet the goals of the housing element of the 2022 Lexington NEXT Comprehensive Plan.

7.5.2 Overlay District. Village and Multifamily Overlay Districts shall not replace existing zoning districts but shall be superimposed over them. The provisions of this section apply only to developments on a lot located entirely within Village and Multifamily Overlay Districts where the property owner has elected to comply with the requirements of the Village Overlay District, rather than complying with those of the underlying zoning district.

7.5.3 Procedures and Regulations. Development under this section requires site plan review by the Planning Board under § 9.5. The Planning Board shall adopt regulations to facilitate site layout, building design, and outdoor amenity spaces. All site plan review standards applicable to developments under this section shall be consistent with the purposes of this section and EOHLC's current Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act, as amended.

7.5.4 Permitted Uses.

1. All developments under this section shall include multifamily housing. All residential uses under this section shall be multifamily housing.

2. Developments may also include nonresidential uses permitted in an underlying zoning district.

3. (Reserved)

4. Developments in the VO or VLO District may contain nonresidential uses on the street floor and basement to the extent permitted in either the CRS or CB Zoning District, except that:

a. The following uses are not permitted:

i. Medical clinic for outpatient services.

ii. Motor vehicle sales or rental.

iii. Sale of fuel, motor oil, or other motor vehicle parts or accessories.

iv. Cleaning, maintenance, and repair of motor vehicles.

v. Private postal service.

b. Nonresidential uses that require a special permit in the CRS or CB District shall require a special permit.

c. The development standards for office uses in Table 1 (Permitted Uses and Development Standards), Section G.2.0 shall not apply.

5. Accessory uses for residential uses are permitted to the same extent they would be permitted in the RO District.

7.5.5 Dimensional Controls. The dimensional controls of Section 135-4.0 are modified as follows for developments under this section:

1. Section 4.1.4 (One Dwelling Per Lot) does not apply.

2. Section 4.2.2 (Lot Regularity), § 4.2.3 (Lot Area), and § 4.2.4 (Lot Frontage) do not apply to lots with existing buildings.

3. Section 4.3.5 (Height of Dwellings Near Lot Lines) does not apply.

4. Section 4.4 (Residential Gross Floor Area) does not apply.

5. Nonresidential FAR is not restricted.

6. The minimum required front yard in feet is the lesser of that required in the underlying zoning district or 15 feet, except that where 50% or more of the facade facing the public way is occupied by nonresidential principal uses in the VO District, the minimum required front yard is 10 feet. Minimum required front yard areas shall be used as amenity space available for occupants and semi-public uses such as landscaping, benches, tables, chairs, play areas, public art, or similar features. Parking spaces are not permitted in the minimum required front yard.

7. The minimum required side yard in feet is the lesser of that required in the underlying zoning district and that shown below:

If Actual Lot Frontage Is (feet)	Side Yard Must Be At Least (feet)
More than 100	15
More than 75 but not more than 100	12
More than 50 but not more than 75	10
More than 0 but not more than 50	7.5

8. The minimum required rear yard in feet is the lesser of that required in the underlying zoning district and 15 feet.

9. In the VLO or VHO District, the site coverage is not restricted. In other districts, the total site coverage of buildings and area of required residential vehicle parking spaces not within buildings shall not exceed 28% of the lot area of the development.

10. Except as noted below, the maximum height of buildings is:

District	VLO	VO	VHO
Height in feet	40(a)	40(b)	70(c)
Height in stories	3	3	NR

a. VLO Height Bonus. In the VLO District, when the underlying zoning district is a commercial district, the maximum height is 60 feet when at least 30% of the gross floor area of the street floor level or buildings' footprint, whichever is greater, of the entire development is occupied by commercial principal uses, not including associated parking, shown in Table 1, § 3.4, Permitted Uses and Development Standards, as permitted in the underlying district in the following categories:

Commercial Office Uses

Personal, Business, or General Services Uses

Sales or Rental of Goods and Equipment

Eating and Drinking; Transient Accommodations

Commercial Recreation, Amusement, Entertainment

b. VO Height Bonus. In the VO District, the maximum height is 50 feet and four stories when at least 33% of the gross floor area of the street floor level or buildings' footprint, whichever is greater, of the entire development is occupied by nonresidential principal uses pursuant to § 7.5.4.4, no more than the greater of 20% or 20 feet of the street floor frontage on a public way is dedicated to residential uses, and the floor to floor height of the street floor level is at least 14 feet.

c. VHO Height Bonus. In the VHO District where at least 50% of the total net floor area on the lot is occupied by nonresidential principal uses permitted in the underlying district, the maximum height is 115 feet.

11. Number of dwelling units. In the VO District, the number of dwelling units shall not exceed the lot area of the development in acres multiplied by either 25 (for developments entitled to a height bonus under § 7.5.5.10.b) or 20 (for developments not entitled to a height bonus under § 7.5.5.10.b), rounded to the nearest whole number, or six dwelling units, whichever is greater.

12. Floor Area. In the VO District, the total net floor area of all dwelling units shall not exceed the lot area of the development multiplied by 0.48 or 6,250 square feet, whichever is greater.

7.5.6 Off-Street Parking and Loading. The provisions of § 5.1 (Off Street Parking and Loading) are modified as follows:

1. The parking factor for dwelling and rooming units is one per unit.

2. The parking factor for other uses shall be the same as in § 5.1.4 (Table of Parking Requirements) for the CB District.

3. Developments under this section may provide fewer parking spaces where, in the determination of the Planning Board, proposed parking is found to be sufficient to meet the needs of the development. In making such a determination the Planning Board may develop regulations to evaluate any parking reduction requests to consider complementary uses, proximity to public transportation, proximity to municipal and street parking, transportation demand management (TDM) measures, and shared parking arrangements at the Board's discretion.

7.5.7 Section 5.5 (Traffic Standards) does not apply.

7.5.8 Section 7.4.4 (Sustainable Design) does not apply.

7.5.9 The provisions of § 5.3 (Landscaping, Transition and Screening) and § 5.3.5 [Required Depth or Width (in feet) of Transition Area] are modified as follows:

1. Transition areas, as specified under § 5.3.4 (Transition Areas), are required only along the boundary of the Village Overlay Districts and shall have a depth of at least 20 feet on developments containing a building with a height greater than 40 feet in the VO District, or at least five feet otherwise.

7.5.10 The provisions of § 7.3 (Planned Development Districts) are modified as follows:

1. Notwithstanding § 7.3.2.3 (Compliance required) and § 7.3.3 (Existing RD and CD Districts), development under this section, development of related accessory structures and improvements, and removal of existing structures and improvements need not conform to a preliminary site development and use plan.

7.5.11 Nonconforming Off-Street Parking and Loading. The provisions of § 8.7 are modified as follows:

1. Section 8.7.1.2 (Increase in Floor Area) does not apply.

2. Section 8.7.2 (Reconstruction or Replacement of a Building) does not apply.

7.5.12 Inclusionary Housing.

1. In any development containing between 10 and 13 dwelling units, 10% of the dwelling units shall be inclusionary dwelling units with a household income limited to 80% of the area median income and eligible for inclusion on the EOHLC's Subsidized Housing Inventory. In any development containing 14 or more dwelling units, at least 15% of the dwelling units shall be inclusionary dwelling units with household income limited to 80% of the area median income and eligible for inclusion on the EOHLC's Subsidized Housing Inventory. Where a fraction of a dwelling unit is required for this calculation, the amount of required dwelling units shall be rounded down. If EOHLC determines in writing that the Town has not shown this 15% requirement to be feasible, at least 10% of the dwelling units in any development containing 10 or more units shall be inclusionary dwelling units with household income limited to 80% of the area median income and eligible for inclusion on the Subsidized Housing Inventory.

2. Inclusionary dwelling units shall be substantially similar in size, layout, parking, construction materials, fixtures, amenities, and interior and exterior finishes to the other dwelling units in the same dwelling.

3. Inclusionary dwelling units shall be proportionally dispersed throughout the development and not concentrated within particular sections of a dwelling or within particular dwellings.

4. Occupants of inclusionary dwelling units shall have the same access to common areas, facilities, and services as enjoyed by other occupants of the development, including, but not limited, to outdoor spaces, amenity spaces, storage, parking, bicycle parking facilities, and resident services.

5. The Planning Board, in consultation with the Select Board, the Housing Partnership Board, and the Commission on Disability, may adopt regulations consistent with EOHLC's Compliance Guidelines and this section to facilitate equitable size, physical characteristics, location, and access to services for the inclusionary units and the form of required legal restrictions.

6. Certificate of occupancy. No certificate of occupancy for a dwelling unit in a development permitted under this section shall be issued until the regulatory agreements for any inclusionary dwelling units are recorded.

7.5.13 Playground and Recreation Areas. Any development containing 40 or more dwelling units shall provide an outdoor play area or common space appropriate for use by families with children, which may include features such as swings, jungle gyms, slides, tables, chairs, benches, and similar features. Areas shall incorporate universal design standards.

7.5.14 Conditions. The Planning Board may impose reasonable terms and conditions, consistent with the parameters established by EOHLC's Compliance Guidelines, to promote these objectives and serve the purposes of this section. Approval may reasonably regulate matters such as vehicular access and circulation on site, architectural design of a building, site design, and screening for adjacent properties. The Board may require a performance guarantee to ensure compliance with these conditions.