Lexington City Zoning Code
SECTION 135
5.0 GENERAL REGULATIONS
5.1 OFF-STREET PARKING AND LOADING.
5.1.1
Purpose. The purpose of this section is to ensure that any use of land involving the arrival, departure, or storage of motor vehicles, and all structures and uses requiring the delivery or shipment of goods, be designed and operated to:
1.
Promote traffic safety by assuring adequate places for storing of motor vehicles off the street, and for their orderly access and egress to and from the public street;
2.
Increase the traffic-carrying capacity of streets and highways in the Town and obtain a more efficient utilization of on-street curbside parking;
3.
Reduce hazards to pedestrians upon public sidewalks;
4.
Protect adjoining lots and the general public from nuisances and hazards such as: (i) Noise, glare of headlights, dust and fumes resulting from the operation of motor vehicles; (ii) Glare and heat from parking lots; (iii) A lack of visual relief from expanses of paving; and (iv) Accelerated runoff of surface water from land covered by impervious materials.
5.1.2
Applicability. No building permit or certificate of occupancy may be issued for the erection of a new building, the enlargement or increase in the net floor area of an existing building, the development of a use not located in a building, or the change from one type of use to another which has a different parking or loading requirement as set forth in the parking and loading tables, unless off-street parking spaces and loading bays are provided in accordance with this section.
5.1.3
Parking and Loading Plan Required. Each application for a building permit, special permit, certificate of occupancy, or petition for a variance must be accompanied by an off-street parking and loading plan. Such plan must contain the information required in the permitting authority's rules and regulations. Where necessary, the permit authority may require that the owner or operator of a use, building, or establishment furnish a statement as to the number of employees working at the lot or establishment, or the number of motor vehicle trips (by type of motor vehicle) that are made to and from the use, building or establishment.
5.1.4
Table of Parking Requirements. The minimum number of parking spaces indicated for the corresponding types of uses must be provided in all zoning districts, except as otherwise indicated. The symbols under the column "Parking Factor" mean: SF: square feet of net floor area.
[Amended 3-27-2017 ATM by Art. 41; 11-8-2021 STM by Art. 16; 3-18-2024 ATM by Art. 49]
Type of Use | Parking Factor |
|---|---|
Residential Uses | |
Dwelling unit, accessory apartment, rooming unit, bed-and-breakfast unit | 1 per apartment or unit |
Housing for older persons | 0.5 per dwelling unit |
Congregate living facility, independent living residence | 0.75 per bedroom |
Assisted living residence, group care facility, long-term care facility | 0.4 per living unit |
Rooming house, group quarters | 0.5 per bed |
Institutional, Educational and Recreational Uses | |
Elementary, secondary schools | 2 per classroom |
College, technical school | As needed |
Day-care center, school age child care program, nursery school, kindergarten | 1 per 500 SF |
Church, temple, auditorium, club, lodge, community service center | 1 per each 6 seats in the largest assembly area |
Gymnasium, stadium, field house | 1 per each 6 seats |
Library, art gallery, museum and other nonrecreational public facilities | 1 per 600 SF |
Parks, athletic fields, tennis and pool facilities, golf courses, recreation centers, other institutional uses | As needed |
Indoor athletic and exercise facilities, weight reduction salon | 6 per 1,000 SF |
Agricultural Uses | |
Greenhouses, nursery, roadside stand | 1 per 1,000 SF of display area whether indoors or outdoors |
Office Uses | |
Office uses | 1 per 250 SF; 1 per 333 SF in CB |
Medical office, medical clinic | 1 per 250 SF; 1 per 200 SF in CB |
Retail Business | |
Personal services, business services, retail sales and rental sales | 1 per 250 SF; 1 per 325 SF in CB On street level floors: 1 per 500 SF; 1 per 600 SF in CB In a basement: 1 per 300 SF; 1 per 400 SF in CB |
Private postal services | 1 per 200 SF or 1 per 50 mailboxes, whichever is greater |
Other Commercial Uses | |
Funeral parlor | 1 per 4 seats in the largest assembly area |
Motor vehicle related sales and service uses | 2 per bay, work station or pump island |
Eating Establishments | |
Restaurant, and other eating establishments not otherwise classified | 1 per 3 seats, or 1 per 150 SF, whichever is greater; 1 per 5 seats, or 1 per 200 SF, whichever is greater in CB |
Takeout food service | 1 per employee plus 1 per 5 linear feet of counter space; 1 per 2 employees plus 1 per 7 linear feet of counter space in CB |
Amusement and Recreational Uses | |
Theater | 1 per 6 seats |
Commercial amusements | 1 per employee plus 1 per alley, machine; 1 per employee plus 1 per 2 alleys, machines in CB |
Transient Accommodations | |
Hotel, motel | 1 per guest room |
Convention center | 1 per 4 seats in the largest assembly area |
Manufacturing and Research Laboratory Uses | 1 per 500 SF |
Construction, Storage, Distribution, and Industrial Service Uses | 1 per 1,000 SF |
All Other Permitted Uses | As needed, usually 1 per employee |
5.1.5
Table of Loading Requirements. The minimum number of off-street loading bays indicated for the corresponding types of uses must be provided in all zoning districts, except as otherwise indicated. The symbols under the column "Loading Factor" shall mean: SF: square feet of net floor area.
[Amended 3-31-2021 ATM by Art. 44]
Type of Use | Loading Factor | |
|---|---|---|
Long-term care facility, group care facility | 1 per 100 beds | |
School, college, church, club, library, gallery | 1 per first 25,000 SF, 1 per each additional 72,000 SF | |
Office uses | Less than 10,000 SF | 0 |
10,000 to 150,000 SF | 1 | |
150,001 to 300,000 SF | 2 | |
More than 300,000 SF | 3 | |
Retail, shopping centers, business service uses, personal uses | 15,000 to 50,000 SF | 1 |
50,000 to 150,000 SF | 2 | |
150,000 to 300,000 SF | 3 | |
More than 300,000 SF | 4 | |
Manufacturing, research, construction, storage, distribution and industrial service uses, research and development, light manufacturing | Less than 150,000 SF | 1 |
150,001 to 300,000 SF | 3 | |
More than 300,000 SF | 4 | |
All other permitted uses | As needed | |
5.1.6
Rules for Interpretation of the Parking and Loading Tables.
1.
Where the number of spaces is expressed as a ratio to dwelling units, floor area, beds, employees, etc., any fraction thereof shall require one parking space, but after the first such parking space or loading bay, only a fraction of 1/2 or greater shall require an additional space or bay.
2.
Where the requirement is stated "as needed," the applicant for a permit shall estimate the number of parking spaces or loading bays required to serve the use and shall provide such number; the permitting authority shall verify that the number is adequate and shall, if necessary, order that additional spaces or bays be provided.
3.
To simplify the determination of net floor area, 80% of the gross floor area may be used.
4.
Where off-street parking or loading serves two or more activities that are different types of uses, including two or more activities that are part of the same principal use, the number of spaces or bays provided shall be the sum of the requirements for the various individual uses including any fractional number.
5.
Where the requirement is based on the number of employees, the number of spaces shall be based on the number of employees in the peak period, which shall be at least three hours per day for at least three days per week.
6.
Where places of assembly are provided with benches rather than individual seats, each two linear feet of bench shall equal one seat, and where no fixed seats or benches are used, each 20 square feet of floor area in the largest assembly area shall equal one seat.
7.
Where uses are not enclosed in a structure, each square foot of lot devoted to such use shall be considered equivalent to 1/5 of a square foot of net floor area.
8.
In the case where the Select Board authorizes the placement of temporary seats within the right-of-way of public streets, such seats may not be counted toward the off-street parking or loading requirements, as long as they are seasonal and temporary.
[Amended 3-25-2019 ATM by Art. 37]
9.
Required off-street parking spaces or loading bays which, after development, are later dedicated to and accepted by the Town and are maintained by the Town for off-street parking or loading purposes shall be deemed to continue to serve the uses or structures for which they were originally provided.
5.1.7
Preferential Rideshare Parking. To encourage the use of high-occupancy vehicles, office, manufacturing, research, or laboratory uses of more than 50,000 square feet of gross floor area, as defined in the parking and loading tables above, must provide preferential rideshare parking spaces in compliance with the following standards:
1.
One carpool or vanpool parking space must be provided for every 50 motor vehicle parking spaces, with a minimum of two spaces.
[Amended 3-31-2021 ATM by Art. 44]
2.
Rideshare parking spaces may be provided by converting a parking space required by the parking table.
3.
Carpool and vanpool spaces must be signed and striped, and be located near the primary entrance(s) of the building without displacing any handicapped parking.
5.1.8
Bicycle Parking Facilities.
1.
Required spaces. In an office, manufacturing, research or laboratory use as defined in the Table of Parking Requirements, a minimum of two bicycle parking spaces shall be provided, and one additional bicycle parking space shall be provided for each 15 motor vehicle parking spaces.
[Amended 3-31-2021 ATM by Art. 44]
2.
Placement and access. Bicycle parking shall be located near the primary entrance(s) of the building. Half of the bicycle parking spaces shall be provided as long-term parking, safe and secure from vandalism and theft and protected from the elements. The other half shall be provided as short-term (customer or visitor) parking, and short-term parking spaces shall be visible and convenient to the building entrance. Bicycle parking apparatus shall not be installed in a manner that will cause obstruction of pedestrian or motor vehicle traffic. Bicycle parking shall be situated in such a way that normal snow removal activities and snow storage do not impact the bicycle parking facility.
3.
Dimensional Regulation. Each bicycle parking space shall be sufficient to accommodate a bicycle six feet in length and two feet in width.
4.
Design. Bicycle parking apparatus shall be of a high-security design to which the frame and wheel of a parked bicycle may be attached; installed in a visible location to deter vandalism and theft; and permanently mounted to the ground or to a building or other immovable structure. Inverted-U-frame or other racks that support the bicycle at two or more points above the center of gravity are required.
5.1.9
Location of Off-Street Parking Spaces and Loading Bays.
[Amended 3-31-2021 ATM by Art. 44]
1.
Except as provided below, required off-street parking spaces shall be provided on the same lot as, and loading bays shall be provided next to or within, the principal or accessory use they are required to serve.
2.
Except for accessible parking, required off-street parking spaces serving a use on a lot may be provided on a different lot, provided that:
a.
The off-street parking space is dedicated to serve the use pursuant to a legal agreement in a form acceptable to the Town; and
b.
The parking space is either within 1,200 feet of the lot containing the use or public transportation, shuttle, car sharing, or non-motorized transportation service is available between the off-street parking space and the use during business hours.
3.
No area may be utilized and counted as both a required parking space and a required loading bay. However, maneuvering aisles and driveways may serve both required parking and loading bays if they meet the design standards of each. Existing areas used for both parking and loading shall be counted for loading purposes.
4.
Required off-street parking spaces or loading bays may be wholly or partly enclosed in a structure.
5.
Off-street parking spaces required for two or more buildings, uses, or establishments on a single lot may be provided in a common lot.
6.
Loading bays shall be located at the side or rear of a building.
7.
Off-street surface parking spaces shown on the parking and loading plan may, with the permission of the SPGA or Building Commissioner, be constructed following issuance of a certificate of occupancy.
5.1.10
Driveways.
1.
Each parking space and loading bay shall be connected by a driveway to a street or to an interior drive that leads to a street.
2.
The number of driveways permitting entrance to and exit from a lot shall be limited to two per street line. Driveways shall be located to minimize conflict with traffic on public streets and where good visibility and sight distances are available to observe approaching pedestrian and vehicular traffic.
3.
No private way or driveway shall be built through a district in which the use served by the private way or driveway is not permitted except that access through a GC district to any other district is permitted.
[Amended 3-23-2016 ATM by Art. 38]
4.
The maximum grade of any outdoor driveway is 12%.
5.1.11
Minimum Yards for Parking.
1.
Each parking space or driveway serving a one-family or two-family dwelling shall be set back five feet from any side lot line and rear lot line and shall be designated on a plan.
2.
No parking is permitted in the front yard other than in a designated parking space or driveway.
3.
For all uses other than a one-family or a two-family dwelling, all paved parts of all parking spaces, driveways and maneuvering aisles shall be set back from any wall of a principal building and from any lot line or zoning boundary line as indicated in the following table except for:
[Amended 3-23-2016 ATM by Art. 38; 3-28-2018 ATM by Art. 38]
a.
Not more than two driveways between the street line and its corresponding setback line; or
b.
A parking space located within a structure otherwise permitted in such area
District | Residential District Line (feet) | Street Line (feet) | All Other Lot Lines (feet) | Wall of a Principal Building (feet) |
|---|---|---|---|---|
RS, RO, RT | N/A | 25 | 5 | 5 |
RD | N/A | 25 | 8 | 5 |
CRO, CLO | 50* | 50 | 10 | 5 |
CM | 50* | 25 | N/A | 5 |
CRS, CS, CB, CN | 20* | 10 | N/A | 5 |
GC | 0 | 25 | 5 | 5 |
CSX | 20* | 10 | N/A | 5 |
NOTES: | |
|---|---|
* | No requirement where the residential district line is coterminous with the line of the right-of-way now or formerly of the Boston and Maine Railroad or the right-of-way of State Route 2 or 128. |
Note: Screening is required adjacent to the paved area but not in the required snow storage area and not between a paved area and a building. | |
4.
No loading bay may be located in that half of the minimum required setback nearest to the street line or lot line of a minimum yard required by § 135-4.0; maneuvering space for such bay may be as close to a street line or lot line as may be permitted by § 5.1.11.3.
5.
No parking space or loading bay, whether required or otherwise provided, shall be located, wholly or partly, within the right-of-way of a street.
6.
All access to parking shall be by driveways meeting the requirements of this section; curbs, wheel stops, screening or similar barriers must be installed to prevent vehicles from being parked or driven within required setback areas.
5.1.12
Screening for Parking.
1.
In all residential districts, or on a lot in any other district which abuts or is across the street from a lot in a residential district, any outdoor parking lot, all loading bays, maneuvering aisles and driveways shall be screened in a manner to protect abutting lots from the glare of headlights, noise and other nuisance factors.
2.
Any parking lot, which is a principal use, must be screened along driveways and around the entire perimeter of the parking lot. The entrance to driveways, to the extent practicable, shall be located on the side near nonresidential districts or on streets or highways leading to nonresidential areas.
3.
Screening shall consist of:
a.
A strip of land at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years; or
b.
A wall, barrier, or fence of uniform appearance at least five feet high above finished grade. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of the face is open.
4.
Such screening shall be maintained in good condition at all times. Such screening or barrier may be interrupted by entrances or exits and shall have no signs attached thereto other than those permitted in the district.
5.1.13
Design Standards. The following standards apply:
1.
Dimensions.
a.
Parking spaces and maneuvering aisles shall have the minimum dimensions set forth in the following table and elsewhere in this subsection:
Angle of Parking | Width of Parking Space | Depth of Parking Space** | Width of Maneuvering Aisle | Unit Parking Depth | ||||
|---|---|---|---|---|---|---|---|---|
S | C | S | C | S | C | S | C | |
61° to 90° | 9* | 8.5* | 19 | 15 | 22 | 20 | 60 | 50 |
46° to 60° | 9 | 8.5 | 19 | 15 | 16 | 15 | 56 | 48 |
45° | 9 | 8.5 | 19 | 15 | 14 | 13 | 53 | 47 |
Parallel | 8 | 8 | 22 | 18 | 12 | 12 | n/a | n/a |
NOTES: | |
|---|---|
* | Where one or both of the long sides of a parking space abut a wall or similar obstruction, the width shall be 12 feet. |
** | Up to 2 feet of unpaved landscaped space may be included in the depth provided there are no obstructions to the vehicle's overhang. |
b.
To count as a required parking space, a parallel parking space shall have maneuvering space at least 20 feet deep in front of it in an aisle parallel to and abutting such parking space.
c.
Where columns of a building or structure are located in a parking lot (such as a parking garage under a building) no part of a column may be within three feet of a maneuvering aisle or within the minimum dimensions of a parking space.
d.
The width of a driveway for one-way use shall be a minimum of eight feet and for two-way use shall be a minimum of 18 feet and a maximum of 30 feet, as measured at the setback line.
e.
Where access or egress is provided for a parking lot, or one or more loading bays, such access or egress shall be so arranged to provide a circulation system or maneuvering space on the lot so that all vehicles may exit from and enter onto a public street by being driven in a forward direction and no vehicle shall be required to enter or leave by backing and no vehicle shall have to stand within a street right-of-way waiting to enter the lot.
2.
Number of compact car spaces. In parking lots containing more than 20 spaces, not more than 33% of such spaces may be designed for use by compact cars. Such compact car spaces shall be located in one or more continuous areas and shall not be intermixed with spaces designed for standard cars and shall be clearly designated by signs or pavement marking. In parking lots with 20 or fewer parking spaces, spaces designed for use by compact cars are not permitted.
3.
Loading bays. All required loading bays must have minimum dimensions as follows: 30 feet long, 12 feet wide and 14 feet high. Each loading bay shall have a maneuvering space equal to its length. Where the long portion of a loading bay abuts a wall, column or other obstacle, or in other cases where the permitting authority requests, evidence shall be provided that the loading bay and its maneuvering space are adequate to accommodate large motor vehicles and trailers.
4.
Marking. In a parking lot or loading area, the surface of the parking lot or loading area shall be painted, marked or otherwise delineated so that the location of the parking spaces and loading bays is apparent, and signs shall be erected indicating that loading bays, and, if necessary, compact or other reserved parking spaces, are reserved for such use. Where 50% or more of the required parking spaces in a parking lot are assigned, such as to individual employees or to dwelling units in a dwelling, parking spaces for guests or visitors to the use or establishment, not to exceed 10% of the required parking spaces, shall be located and designated as visitor parking near the principal entrance to the building which they serve.
5.
Availability. To ensure the availability and utilization of required parking spaces and loading bays on a year-round basis:
a.
Unless authorized by special permit or site plan approval, no fee or other charge to the parker, in addition to a lease or purchase agreement applicable to occupants generally, shall be made for a parking space or loading bay required to serve a use, building, or establishment.
b.
Each required off-street parking space and loading bay shall be designed so that any motor vehicle may proceed to and from said space without requiring the moving of any other vehicle or by passing over any other space or bay.
c.
Parking spaces for vehicles larger than automobiles, such as large trucks or buses, shall be specifically identified on the off-street parking and loading plan and shall be of such dimension as to accommodate the specified type of vehicle. Such vehicles shall be permitted to park only in the spaces so identified and approved.
6.
Snow storage. A strip of land not less than five feet in width shall be provided on at least two sides of a parking lot or loading area and designated on the off-street parking and loading plan for the storage of snow plowed or removed from the surface area of the parking lot or loading area; such snow storage area may not encroach on the area required for off-street parking or loading but may be located in the area of required setback from a lot line or building.
7.
Surfacing and drainage.
a.
All required parking spaces and loading bays, maneuvering aisles, and driveways shall have a durable, dustless, all-weather surface suitable for year-round use, such as asphalt or concrete, and shall dispose of surface water by grading and drainage in such a manner that no surface water shall drain onto any public way or onto any lot in other ownership.
b.
It is the intent of this section that the paved surface of a parking lot or loading area shall be limited to such areas as are necessary for the parking spaces, loading bays, maneuvering aisles, and driveways required to meet the provisions of this section. The off-street parking and loading plan required by this section shall demonstrate that all paved areas associated with a parking lot are necessary for the storing, standing, or maneuvering of vehicles; the permitting authority may deny the request for a permit when more area is paved than is necessary to comply with the provisions of this section.
8.
Grade. The maximum grade of any required maneuvering aisle, parking space, or loading bay shall be 10%.
9.
Landscaping.
a.
On at least three sides of the perimeter of an outdoor parking lot containing 20 or more parking spaces, there must be at least one tree for every eight parking spaces abutting the perimeter; such trees must be spaced so that some part of a parking space is not more than 30 feet from a tree.
b.
In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than five feet in width must be provided. The landscaped strip may be provided either:
i.
Between the rows of parking spaces parallel to the aisle; or
ii.
In two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces. There must be, in each such strip, at least three trees and in all such strips not fewer than one tree for every eight parking spaces in the interior part of the parking lot. Trees must be spaced so that some part of each parking space is not more than 30 feet from a tree.
c.
Trees required by this section shall be at least three inches in diameter at a height four feet above the ground at the time of planting. New trees shall be native or hybrid native species. To the extent practicable, existing trees shall be retained and used to satisfy this section.
[Amended 3-31-2021 ATM by Art. 44]
10.
Exception for one-family or two-family dwelling. The provisions of § 5.1.13 with regard to backing into a public street, marking of pavement, and surfacing and drainage shall not apply where parking is provided for any one-family or two-family dwelling.
[Amended 11-8-2021 STM by Art. 16]
11.
Electric vehicle (EV) charging. A parking lot with 25 or more newly constructed off-street parking spaces shall include Level 2 (or higher) electric vehicle (EV) charging stations in a minimum of 4% of the total off-street parking spaces, but not more than the total of the newly constructed parking spaces. In addition, the parking lot shall be constructed with appropriate conduits and space for transformers and switchgear to allow for future installation of electric vehicle (EV) charging stations for a minimum of 50% of the total off-street parking spaces, but not more than the total of the newly constructed parking spaces.
[Added 3-31-2021 ATM by Art. 44]
12.
Surface parking between a building (other than a parking structure) and a public right-of-way to which the property has direct access is not permitted, except if screened or required for accessible and temporary parking.
[Added 3-31-2021 ATM by Art. 44]
5.2 SIGNS.
5.2.1
Purpose. This section is intended to:
[Amended 3-18-2024 ATM by Art. 47]
1.
Allow for effective communication through signage by regulating and restricting size, location, lighting, and placement of signs in order to protect and enhance the visual environment and discourage excessive visual competition;
2.
Maintain public safety; and
3.
Preserve constitutional requirements protecting freedom of speech.
5.2.2
Applicability. All outdoor signs and window signs are subject to the regulations of this section unless specifically excluded herein.
5.2.3
Exemptions. The following signs are not subject to this section:
[Amended 3-18-2024 ATM by Art. 47]
1.
Any sign owned and installed by a governmental agency, located on property owned by a governmental agency, or required by any law, governmental order, or regulation;
2.
Flags;
3.
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;
4.
Signs mounted on registered motor vehicles or carried by hand;
5.
Removable signs on the inside of windows or transparent doors; and
6.
Signs directing traffic flow.
5.2.4
General Regulations.
[Amended 3-18-2024 ATM by Art. 47]
1.
Illumination. No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m., except signs on premises open for business. Exterior illumination of signs shall be shielded and full cutoff, directed downward solely at the sign, comply with § 5.4.4, and be steady and stationary. No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot-lamberts.
2.
Traffic. No sign, including window displays, or its illuminators shall by reason of its location, shape, size or color obstruct a sidewalk, interfere with pedestrian or vehicular traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner with the advice of the Chief of Police, such lights would create a driving hazard.
3.
Construction. No sign shall be painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted, posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installation of a sign which uses individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth of projection of 1/4 of an inch.
4.
Maintenance. Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 25% of the area of one side of the sign, or if damage to the sign causes the loss of 10% of its substance, or if the sign suffers damage or deterioration, which creates a risk of harm to the person or property of another, it shall be repaired or removed.
5.2.5
Prohibited Signs. The following types of signs are prohibited:
[Amended 3-18-2024 ATM by Art. 47]
1.
Signs that incorporate in any manner flashing, moving, digital animation, video media display, or intermittent illumination, excluding public traffic control signs;
2.
Signs erected in a way that obstructs any path of egress in or on a building;
3.
Permanent banner signs; and
4.
Billboards, off-premises signs, and other non-accessory signs.
5.2.6
Residential Signs. Accessory signs for residential uses that comply with the following provisions are permitted:
[Amended 3-18-2024 ATM by Art. 47[1]]
1.
No one permitted residential sign shall exceed 30 square feet in area. No part of any permanent standing sign shall exceed five feet in height.
2.
No more than two permanent standing signs shall be located on a residential property at one time.
3.
No part of any standing sign over four square feet in sign area shall be located within five feet of the edge of the pavement of any street.
4.
No sign attached to a building shall be located on, or project above, the roof of the building.
5.
Temporary standing signs shall not exceed four square feet in sign area per sign.
5.2.7
Nonresidential Signs. The provisions of this section shall apply to signs for commercial, industrial, and institutional uses.
[Amended 3-23-2016 ATM by Art. 37; 4-24-2017 ATM by Art. 43; 3-18-2024 ATM by Art. 47]
1.
Wall signs.
a.
Principal wall signs are permitted on each façade of an establishment to which they relate which faces a street, municipal parking lot, the Minuteman Bikeway, or other trail or path available for public use which abuts the property. The total sign area for each establishment on the first floor shall not exceed one square foot for each linear foot of the façade for which the sign is attached, not to exceed 100 square feet per sign. The total sign area for each establishment above the first floor shall not exceed nine square feet.
b.
Secondary wall signs may be installed marking direct entrances or parking areas. There shall be not more than two such secondary wall signs per entrance. Said signs shall have an area no greater than six square feet for each sign.
c.
No wall sign shall be more than five feet in overall height.
d.
For establishments occupying multiple stories, one sign for each story is allowed if the total area of all signs does not exceed the area allowed for the principal sign under § 5.7.2.7.1.a.
e.
In addition to the above signs, each building with multiple occupants may have one directory sign affixed to the exterior wall, window or door of the building at each entrance. Such directory sign shall provide not more than one square foot for each occupant of the building.
f.
Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above a wall and be parallel to the wall. They shall not project more than 12 inches from the face of such wall.
g.
No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher.
2.
Banner signs. No banner sign shall exceed 15 square feet in area and no establishment shall have more than one banner sign at a time.
4.
Projecting signs.
a.
One projecting sign per establishment per façade meeting the standards below is permitted.
i.
The sign may not exceed six square feet in area (not including the area of the supporting bracket or hanger).
ii.
For single-story buildings, the sign shall not project above the roofline or 18 feet above ground level, whichever is lower; for multistory structures, projecting signs may not extend vertically above the window sill of the second story.
iii.
The sign must clear sidewalks by at least eight feet from the bottom of the sign and may project no more than four feet from a building or one-third the width of the sidewalk, whichever is less.
iv.
The sign must clear the wall by at least six inches and must project from the wall at an angle of 90°. Angular projection from the corner of a building is prohibited.
5.
Standing signs. Standing signs over four square feet in sign area shall be set back at least 10 feet from the edge of roadway pavement, as follows;
a.
In the CM and CRO Districts, one permanent standing sign per lot, not to exceed 100 square feet in area and no part of the sign or support structure shall exceed six feet in height.
b.
In the CB District, one permanent standing sign per lot, not to exceed nine square feet in sign area and no part of the sign or support structure shall exceed five feet in height.
c.
In the CN, CRS, CS, CSX, and CLO Districts, one permanent standing sign per lot, not to exceed 20 square feet in sign area and no part of the sign or support structure shall exceed five feet in height.
d.
In residential districts, one permanent standing sign per lot, not to exceed 15 square feet in sign area and no part of the sign or support structure shall exceed five feet in height.
e.
Up to two temporary standing signs per lot, not to exceed four square feet in sign area per sign.
6.
Motor vehicle fuel stations and garages. In addition to other permitted signs, one wall or standing sign not exceeding 50 square feet in area and 10 feet in height is permitted for motor vehicle fuel or charging stations. The standard type of fuel pump or charging station bearing thereon, in usual size and form, the name or type of fuel and the price thereof shall not be deemed to be a sign within the meaning of this bylaw.
7.
Construction signs. A maximum of two accessory construction signs shall be permitted during construction of developments. Signage is permitted on the property undergoing construction during site work construction and for no more than 30 days after completion of construction. The total sign area of all signs shall not exceed 32 square feet and signs shall not exceed eight feet in height.
8.
Portable signs. Portable signs are permitted one for each establishment, provided that such signs:
a.
Are located on private property;
b.
Are removed at the close of each business day;
c.
Do not obstruct a walkway;
d.
Provide at least four feet of clearance for pedestrians;
e.
Do not exceed six square feet in area and a height of four feet above the ground; and
f.
Are installed so as to not blow over.
5.2.8
Special Permit. The SPGA may issue special permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically prohibited herein, including temporary signs, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and location of the sign.
[Amended 3-18-2024 ATM by Art. 47]
5.2.9
Site Plan Review. For projects requiring site plan review, the Planning Board may waive any provisions of this § 5.2.
[Added 3-18-2024 ATM by Art. 47]
5.2.10
Pre-existing nonconforming signs. Any sign existing at the date of the amendment of this section but which does not conform to these regulations by reason of size, location, type of construction, or illumination shall not be enlarged, relocated, or have its type of construction or illumination changed except in full compliance with this § 5.2.
[Added 3-18-2024 ATM by Art. 47]
5.3 LANDSCAPING, TRANSITION AND SCREENING.
5.3.1
Purpose. The provisions of this section are intended to achieve the following purposes:
1.
To provide a suitable transition between different zoning districts;
2.
To separate different and otherwise incompatible adjacent land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, the intrusion from artificial light including the ambient glow from signs, or the view of unsightly buildings and parking lots;
3.
To preserve or improve the visual and environmental character of a neighborhood and of Lexington generally;
4.
To offer property owners protection against possible diminution of property values due to adjacent construction or a change in existing land uses.
5.3.2
Applicability. No building permit, special permit or certificate of occupancy for a use shall be issued or granted where this bylaw indicates that a landscaping, transition or screening area, in accordance with this section, shall be required or where this section indicates such shall be provided, unless compliance with the provisions of this section is demonstrated.
5.3.3
Landscaping Plan Required. A landscaping plan, demonstrating compliance with the standards contained in this section for landscaping, transition areas and screening, shall accompany each application for a building permit, certificate of occupancy, or special permit. The plan shall be drawn to scale and include dimensions and distances. The landscaping plan shall be certified by a landscape architect registered in the Commonwealth of Massachusetts. The landscaping plan shall comply with the permitting authority's rules and regulations.
5.3.4
Transition Areas. Where a lot abuts a different zoning district, a landscaped transition and screening area shall be provided and shall be located adjacent to the lot line as set forth in the table in § 5.3.5, consistent with the following:
[Amended 11-12-2020 STM by Art. 18]
1.
In the case of a nonresidential use in a residential district, a landscaped transition and screening area shall be provided, except that while the transition area shall be the width specified in the table in § 5.3.5, it shall be installed only along those segments of lot lines necessary to screen the nonresidential use from buildings located on abutting lots. The transition area may be provided within the minimum yard required for a building.
2.
Where a lot is divided into two zoning districts for which a transition area would be required by § 5.3.5, the transition area shall be along the zoning district line, except that the SPGA may grant a special permit for the transition area to be in a different location if it meets the objectives of this section.
5.3.5
Required Depth or Width (in feet) of Transition Area.
[Amended 3-23-2016 ATM by Art. 38; 3-28-2018 ATM by Art. 38; 11-12-2020 STM by Art. 18]
Adjacent District | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
District In Which Lot is Located | GC | RO | RS | RT | RD | CN | CRS | CS | CSX | CB | CLO | CRO | CM |
GC | — | 20 | 20 | 20 | 20 | — | — | — | — | — | — | — | — |
RO | — | 25* | 25* | 25* | 10* | 15 | 15 | 20 | — | — | 20 | 20 | 20 |
RS | — | 25* | 25* | 25* | 10* | 15 | 15 | 20 | — | 15 | 20 | — | — |
RT | — | 25* | 25* | 25* | 10* | 10 | 10 | — | — | — | 10 | — | — |
RD | — | 20* | 20* | 20* | 20* | 20 | 20 | 20 | — | 20 | 20 | 20 | 20 |
CN | — | 20 | 20 | 20 | 20 | — | 10 | 15 | — | — | 20 | — | — |
CRS | — | 20 | 20 | 20 | 20 | 10 | — | 15 | — | — | 10 | — | — |
CS | — | 20 | 20 | 20 | 20 | 15 | 15 | — | — | — | 15 | — | — |
CSX | — | 20 | 20 | 20 | 20 | 15 | 15 | — | — | — | — | — | — |
CB | — | — | 20 | — | 20 | — | — | — | — | — | — | — | — |
CLO | — | 50 | 50 | 50 | 50 | 10 | 10 | 10 | — | — | — | — | — |
CRO | — | 50 | — | — | 50 | — | — | — | — | — | — | — | — |
CM | — | 50 | — | — | 50 | — | — | — | — | — | — | — | — |
* | No requirement for an individual dwelling |
5.3.6
Transition Area; Standards and Requirements. The following standards shall apply to the installation and maintenance of all landscaping, transition and screening areas required by this section:
1.
Composition of landscaping, transition and screening areas. A landscaped transition and screening area shall consist of a landscaped strip and may include fences, walls or berms which shall serve to provide an effective year-round visual screen at the time of installation.
2.
Height of screening. Visual screening comprised of a mixed planting of deciduous and coniferous trees and shrubs and walls or fences shall have a minimum overall height of six feet at the time of installation, except in a required front yard where the maximum height shall comply with § 5.3.5 so as not to interfere with sight distance.
3.
Sight distance. In order to provide an unobstructed sight distance for motorists, there shall be a triangle, which is at least 30 feet on two sides of the intersection of a street with a driveway or an interior drive that shall be clear of visual obstructions. The triangle shall be measured from the point of intersection of the street with the driveway or interior drive for a distance of at least 30 feet along the street line; along the side line of the driveway or interior drive for a distance of at least 30 feet; and by a third line connecting these two points. Within this triangle so described, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision for motorists between a height of 2 1/2 feet and 10 feet above the grade of the center lines of the street and the driveway or interior drive.
5.3.7
Transition Areas; Type of Plant Materials. The following standards shall apply:
1.
A variety of plant materials shall be selected to provide an effective visual screen, to be maintained at a minimum height of six feet. Plantings shall be a mixture of deciduous and coniferous trees and shrubs for the screening to maintain its effectiveness throughout the winter months.
2.
Ground cover, grass, mulch or other equivalent landscape treatment shall be provided in all landscaped transition and screening areas. Where the width of a transition area exceeds 20 feet, and where existing vegetation is used as the required planting, no ground cover, grass, mulch or equivalent treatment shall be required, provided all man-made debris has been removed from within the transition area.
3.
The substitution of artificial plant materials is not permitted.
4.
Existing vegetation in a healthy condition, which provides an effective year-round visual screen, may be used provided it is approved by the permitting authority, which may require supplemental planting.
5.
Size of plant materials. All trees required by this section shall have a minimum caliper of three inches at the time of planting.
6.
Spacing of plant materials. The arrangement of plant materials shall consider the relationship of plants in size, form, texture and color. The configuration and combinations of plant materials shall be in accordance with sound horticultural and landscape architectural practices.
7.
Protection of landscaping and screening areas. Wherever required landscaping, transition or screening areas are adjacent to parking areas or driveways such areas shall be protected by curbing or wheel stops to avoid damage to the plant materials and other structures by vehicles.
5.3.8
Structures within Landscaping, Transition and Screening Areas.
1.
Walls or fences may be required within a transition area to supplement the required planting to provide an effective visual screen as determined by the permitting authority.
2.
When walls or fences are required by the permitting authority, they shall be of the following type:
a.
A solid masonry wall faced with visually attractive materials on the side that faces the residential or less intensive use.
b.
A wood stockade or other opaque wooden fence installed so that the attractive side faces the residential or less intensive use. Between such fence and the lot line there shall be planted a minimum of one shrub or vine per 10 linear feet, and a minimum of one small deciduous tree per 40 linear feet.
c.
A fence or wall of an alternate material that may be appropriate to the site may be proposed by the applicant's landscape architect.
d.
Walls or fences may not be substituted for plant materials to reduce the required width of a transition and screening area. A wall or fence may be added only where a mass of plant materials would not provide an adequate screen or where required by the permitting authority.
5.3.9
Earthen Berms. The permitting authority may require that earthen berms be constructed within a transition area as part of a residential development adjacent to an arterial street or limited access highway, subject to the following:
1.
The berms shall be planted.
2.
Whenever a wall or fence is required in addition to a berm, the wall or fence shall be located between the berm and the higher intensity use in order to improve sound absorption.
3.
The use of earthen berms and similar grading techniques in combination with the standard landscaping requirement is encouraged.
4.
Berms shall be constructed of earth and shall be between three and six feet in height.
5.3.10
Use of Transition Areas. The following standards shall apply:
1.
Only necessary driveways or interior drives shall be located across a required transition area. No structure, parking area, or play area may be located in a required transition area.
2.
A transition area may be used for passive recreation; it may contain pedestrian, bike or equestrian trails, provided they do not reduce the effectiveness of the transition area as a year-round visual screen. No other uses are permitted in transition areas.
5.3.11
Maintenance.
1.
The owner of the lot shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with the approved landscaping plan.
2.
All plant material shall be maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. After the initial planting, all plant materials not surviving after the first winter and through the following growing season shall be replaced in kind.
3.
Fences and walls shall be maintained in good repair. Gates or openings may be provided where necessary for access to an area for maintenance.
5.3.12
Certificate of Occupancy. The landscaping plan, as approved, shall be completed according to specifications prior to the issuance of a certificate of occupancy for any residential or nonresidential use or building. If the completion of the structure occurs after the planting season has passed, only a temporary certificate of occupancy may be issued until the landscaping is completed.
5.3.13
Screening of Other Use Areas within Lots. The following standards shall apply:
1.
Outdoor storage areas. All outdoor storage areas for nonresidential uses in residential districts and all facilities for refuse disposal for all commercial, institutional or multifamily uses in all districts shall be enclosed by a fence or wall at least six feet in height. In the event that a wall six feet in height is insufficient to adequately screen such areas, the permitting authority may require additional screening in such manner and of such materials as may be reasonably necessary to adequately screen such area from public view.
2.
Screening of mechanical equipment. In all districts, on nonresidential properties, all air-conditioning equipment, transformers, elevator equipment or similar mechanical equipment on any roof or building or on the ground shall be screened from public view. The permitting authority may require additional screening in such manner and of such materials as may be reasonably necessary to adequately screen such area from public view.
3.
Transformers, equipment lockers and underground installation of utility lines. In all districts, when electric, telephone and all other utility lines, cables or transformers are proposed to be extended or relocated, in connection with the development or redevelopment of land or a building for nonresidential purposes, they shall be installed underground.
5.4 OUTDOOR LIGHTING.
5.4.1
Purpose. This section regulating outdoor lighting is intended to:
5.4.2
Applicability. The requirements of this section apply to outdoor lighting on lots and parcels in all districts, including existing outdoor lighting installation being modified, extended, expanded, or added to. The entire outdoor lighting installation on the lot is subject to the requirements of this section, except:
5.4.3
Lighting Plan. Wherever outside lighting is proposed, every application for a building permit, a special permit, a variance, or an electrical permit shall be accompanied by a lighting plan that shall comply with the permitting authority's rules and regulations.
5.4.4
Control of Glare and Light Trespass.
1.
Any luminaire with a lamp or lamps rated at a total of more than 2,000 lumens shall be of fully shielded design and shall not emit any direct light above a horizontal plane passing through the lowest part of the light-emitting luminaire.
2.
All luminaires, regardless of lumen rating, shall be equipped with whatever additional shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel.
5.4.5
Lamps. Lamp types shall be selected for optimum color rendering as measured by their color rendering index (CRI), as listed by the lamp manufacturer. Lamps with a color rendering index lower than 50 are not permitted. This section shall not apply to temporary decorative lighting, which may include colored lamps, such as holiday lighting.
[Amended 4-9-2014 ATM by Art. 32]
5.4.6
Hours of Operation. Outdoor lighting shall not be illuminated between 11:00 p.m. and 6:00 a.m. with the following exceptions:
1.
If the use is being operated, such as a business open to customers, or where employees are working or where an institution or place of public assembly is conducting an activity, normal illumination shall be allowed during the activity and for not more than 1/2 hour after the activity ceases;
2.
Low-level lighting sufficient for the security of persons or property on the lot may be in operation between 11:00 p.m. and 6:00 a.m., provided the average illumination on the ground or on any vertical surface is not greater than 0.5 footcandle.
5.5 TRAFFIC STANDARDS.
5.5.1
Purpose. The purpose of this section is to:
1.
Permit vehicular traffic on Lexington streets to move in an efficient manner without excessive delay or congestion;
2.
Permit emergency vehicles to reach homes and businesses with a minimum of delay;
3.
Reduce motor vehicle and pedestrian accidents on the Town's streets;
4.
Consider and allow for safe and convenient routes for pedestrians and bicyclists;
5.
Promote cleaner air and to reduce automotive exhaust emissions caused by vehicles standing and idling for an excessive time;
6.
Promote the efficient use of the Town's arterial and collector streets so that use of local and neighborhood streets as shortcuts can be discouraged;
7.
Avoid excessive traffic demand on Town streets that necessitates extraordinary Town expenditures to maintain adequate and safe traffic flow;
8.
Maintain a balance between the traffic-generating capacity of dwellings and businesses in the Town and the traffic-carrying capacity of streets and intersections;
9.
Encourage alternative methods of transporting people, through public transportation, car pools and van pools, bicycling and walking, rather than near exclusive reliance on single-occupant automobiles;
10.
Encourage the use of good traffic engineering principles and design standards consistent with a predominantly residential suburban town;
11.
Encourage the positive management of traffic flow consistent with the Town's other stated objectives;
12.
Encourage private sector participation in dealing with the Town's traffic problems;
13.
Expand the Town's inventory of data about traffic conditions on Town streets.
5.5.2
Applicability. No building permit shall be granted for the erection of a new building or the enlargement or renovation of an existing building other than in the CB District with the result that:
1.
There are 10,000 square feet or more of gross floor area on the lot, including any existing floor area, but not including any floor area devoted to residential use or to off-street parking; or
2.
There are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units; or
3.
The number of parking spaces is increased by 25 or more and there are 50 or more parking spaces, including any existing parking spaces, on the lot.
Unless a special permit has been granted and the SPGA has made a determination that the streets and intersections affected by the proposed development have, or will have as a result of traffic improvements, adequate capacity, as set forth in § 5.5.4, to accommodate the increased traffic from the development.
5.5.3
Traffic Study Required. A traffic study must be submitted with each application for a building permit, special permit, or as may be required by any other provision of this bylaw. The traffic study shall include the information set forth in the SPGA's rules and regulations, provided that:
1.
The traffic study must be conducted by a traffic engineer who will certify that he/she qualifies for the position of member of the Institute of Transportation Engineers (ITE).
2.
Streets "likely to be affected by the development" are those that have an average daily traffic (ADT) of 2,000 vehicles or more and will carry 10% or more of the estimated trips generated by the development.
3.
Intersections "likely to be affected by the development" are those that have an average daily traffic (ADT) of 2,000 vehicles or more and for which the development will add 5% or more to the approach volumes.
5.5.4
Adequate Traffic Capacity. Prior to granting a special permit, the SPGA shall determine that the streets and intersections likely to be affected by the proposed development currently have, or will have as a result of traffic improvements, adequate capacity, as defined in § 5.5.5. In making its determination of adequate capacity, the SPGA shall consider at least the cumulative effect on a street or intersection likely to be affected by the development, as provided in § 5.5.3, of:
1.
Existing traffic conditions;
2.
Estimates of traffic from other proposed developments which have already been approved in part or in whole by the Town of Lexington for which a traffic study was required, or by official action of an abutting city or town, which have not yet been opened for use prior to the date that the traffic counts required by this section were taken; and
3.
Estimates of traffic from the proposed development.
5.5.5
Adequate Capacity Defined by Level of Service. Adequate capacity shall mean level of service "D" or better as described in the "Highway Capacity Manual, 2010 Edition" published by the Transportation Research Board. If the level of service that would result from the cumulative effect, referred to in § 5.5.4, is "E" or below, the SPGA shall determine there is not adequate capacity and shall deny the application.
5.5.6
Mitigating Measures to Improve Capacity. The SPGA shall consider that various traffic engineering improvements, or other method of positive traffic control, such as a traffic control officer, can improve the traffic-carrying capacity of an intersection or street and improve the level of service rating to a higher and acceptable value. The SPGA shall consider such improvements, or other method of traffic control, in its determination and may make a conditional determination that adequate capacity is dependent upon the construction of the traffic engineering improvement, or other method of traffic control.
5.5.7
Conditions. The SPGA may make a condition of its approval of the special permit that the start, or any stage, of the construction of the development, or the occupancy thereof, is dependent upon the start or completion of the traffic engineering improvement or of the start of another method of positive traffic control, such as a traffic control officer, on a permanent basis. A conditional approval shall be dependent upon at least a start of the physical construction of the traffic engineering improvement or the execution of an agreement with the Town of Lexington for another method of traffic control. Letters of support, or commitment, or approval, or the award of a contract are not considered as a start of construction. However, as the basis for making a conditional determination of adequacy, the SPGA may consider as evidence that the traffic-carrying capacity will be improved to a higher level of service, such letters of support, or commitment, or approval, or the award of a contract for construction of the traffic engineering improvement, or a proposed agreement with the Town of Lexington for another method of traffic control.
5.5.8
Trip Reduction Requirements. As a condition of its approval of a special permit or a special permit with site plan review, the SPGA may require actions and programs by the owner and/or manager of a development to reduce the number of single-occupant automobile trips made to a development, particularly during peak traffic hours. Such actions and programs may include:
1.
Providing a pass to employees for use on a public transportation system that serves the development site;
2.
Use of car pools and van pools;
3.
Scheduling of hours of operation such as flex-time, staggered work hours, and spread scheduling that reduces trips during peak traffic hours;
4.
Preferential parking locations and arrangements for vehicles other than single-occupant automobiles;
5.
Restrictions on access to, or egress from, off-street parking areas during peak traffic hours; or
6.
Bicycle parking facilities and other measures such as locker and shower facilities to encourage bicycle commuting.
5.5.9
Monitoring. Where such conditions are included, they shall include a reporting system that monitors the effectiveness of the trip reduction program. The SPGA may make a condition of the granting of the special permit or special permit with site plan review that: