Lexington City Zoning Code
SECTION 135
3.0 USE REGULATIONS
3.1 PRINCIPAL USES.
3.1.1
General. No land may be used, and no structure erected or used except in compliance with the provisions of this bylaw as set forth in Table 1, Permitted Uses and Development Standards, or as permitted elsewhere in this bylaw. Uses not listed in Table 1 are prohibited. More than one principal use is allowed on a lot if each principal use is permitted by Table 1 and the sum of the principal uses complies with the other requirements of this bylaw.
3.1.2
Overlay Districts. The use of land in overlay zoning districts is subject to the regulations of the base zoning district and the additional requirements of the overlay district, as described in § 135-7.0.
3.1.3
Planned Commercial and Planned Residential Districts. Planned Development Districts are subject to the preliminary site development and use plan approved by Town Meeting, as provided in § 7.3.
3.1.4
More Than One Classification. Where a use, structure, development, or activity may be classified under more than one of the uses in Table 1, the more specific classification applies. If equally specific, the more restrictive classification is used.
3.1.5
Compliance with Development and Operating Standards. In several sections of Table 1, there are also development and operating standards for the permitted uses. A use, building, activity, or development must comply with all applicable standards. Failure to comply with any one of the standards will be the basis for denial of a building permit or certificate of occupancy. Failure to continue to comply with any of the standards will be the basis for revocation of the certificate of occupancy.
3.1.6
Services in Center Storefronts.
[Added 3-25-2015 ATM by Art. 53; amended 4-11-2016 ATM by Art. 43; 11-19-2020 STM by Art. 12]
1.
Purpose. Lexington Center is a place in which shops, workplaces, schools, historic attractions, housing, open space, and civic facilities intimately co-exist to create an active retail and cultural destination with an identifiable sense of place. It is in the public interest that the Town protect and enhance the vibrancy of the Central Business District by creating a supportive environment for a diverse group of uses throughout the Center, and regulating the use of the limited first floor storefront area and frontage of the Central Business District is necessary to achieve this goal.
2.
Special Permit Review Criteria. In addition to the criteria detailed in § 135-9.4.2, as a precondition to allowing the establishment, relocation, or expansion of a banking or credit union or real estate service use (Line H.1.05 and Line H.1.04 respectively in the Table of Uses) in the Central Business District, the SPGA must also find that the applicant has satisfied the specific criteria listed below:
b.
The proposed use in the proposed location is in the public interest;
c.
The proposed use will not create an undue concentration of these uses in the immediate area;
d.
The proposed use will maintain hours and days of operation and an active storefront consistent with other retail uses in the Central Business District;
e.
The proposed length of the storefront will not exceed the average length of other center storefronts;
f.
The proposed first floor square footage will not exceed the average size of other center storefronts; and
g.
As part of providing a visually engaging storefront, the interior area of the property adjacent to the storefront must be a space dedicated for patrons and shall not be used for office, cubicle, conference, or storage areas.
3.
The SPGA may waive strict compliance with criteria 2e and 2f above, where such action is in the public interest and consistent with the intent and purpose of this bylaw.[1]
[1]
Editor’s Note: Former Subsection 3.1.7, added 10-18-2017 STM by Art. 4, which provided for a moratorium on marijuana establishments, was repealed 11-13-2018 STM by Art. 2.
3.2 ACCESSORY USES.
3.2.1
General. Any use or structure not listed as an accessory use in Table 1 is permitted as an accessory use provided it is a use or structure that is customary and incidental to a principal use or structure permitted by Table 1, conforms to all other provisions of this bylaw, and complies with all other Town bylaws or General Laws.
3.2.2
Limit on Size of Accessory Uses. An accessory use may not occupy more than 25% of the area of a lot or more than 25% of the gross floor area on a lot. This limitation does not apply to off-street parking, solar energy systems, or to accessory apartments.
[Amended 11-19-2020 STM by Art. 13]
3.3 TEMPORARY USES.
3.3.1
General. A building permit, certificate of occupancy, or a special permit may be granted for a temporary use or structure, for a specific period, where authorized by this bylaw.
3.3.2
Time Periods for Temporary Uses. The maximum time for temporary uses or structures permitted by right is two years. The maximum time for temporary uses or structures permitted by a finding of the Building Commissioner is three months. The maximum time for temporary uses or structures for which a special permit is required is two years. Temporary uses or structures may be, by finding of the SPGA, extended one additional year. A temporary use may be recurrent provided it is for a time of not more than one month and the time between the issuance of permit for a recurrent temporary uses is at least two months.
3.3.3
Relaxation of Dimensional and Other Standards. Permits for temporary uses or structures may authorize the temporary relaxation of the dimensional standards of Table 2 where it can be demonstrated it is not feasible or practical to comply with those standards.
3.4 TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS.
Editor's Note: Table 1 is included as an attachment to this chapter.