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COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX TOWN OF LINCOLN ZONING BY-LAW Originally adopted March 4, 1929 and thereafter amended Latest amendment April 2, 2005 Price - $10.00 SUMMARY OF ZONING HISTORY IN LINCOLN (This summary is included for convenience only and is not intended to be a part of the Zoning By-law.) March 4, 1929 (Approved by Attorney General April 24, 1929) First zoning by-law adopted by the Town. Major features as follows: (1) Town divided into four districts: (a) Single Residence; (b) General Residence; (c) Business; (d) Light Industrial. (2) Area regulations as follows: (a) One-family house - not less than 10,000 square feet; (b) Semi- detached house - not less than 12,000 square feet; (c) Two-family house - not less than 12,000 square feet. (3) Percentage of lot to be covered by the structure shall be not more than: (a) One-family house - 20%; (b) Semi-detached or two-family house - 25%; (c) Apartment house - 40%; (d) In business and industrial districts no buildings shall cover more than 70% of a corner lot or more than 60% of an interior lot. (4) Yard setbacks as follows: (a) Not less than 25 feet between the building and the line of way on which it fronts; (b) Not less than 30 feet between the rear line of the house and the rear lot line; (c) Not less than 20 feet between the side of the house and the side lot line. March 2, 1936 (Approved by Attorney General April 3, 1936) By-law amended. Principal changes as follows: (a) Establishment of a Board of Appeals; (b) Change in area for one-family houses to 40,000 square feet from 10,000 square feet; (c) Change in front yard requirements to 40 feet from 25 feet. March 1, 1937 Establishment of a Planning Board. (Article 16 of the Annual Town Meeting.) March 6, 1944 (Approved by Attorney March 14, 1944) By-law amended. Principal changes as follows: (a) Minimum frontage of 40 feet on a street or way required; (b) Distance through dwelling, from side lot line to side lot line, must be at least 120 feet March 7, 1949 (Approved by Attorney General June 15, 1949) By-law amended. Principal change was increase in frontage requirements from 40 feet to 80 feet. ii March 2, 1953 (Approved by Attorney General May 7, 1953) Complete revision of By-law principally for purposes of clarification. Major changes were: (1) Change of zoning districts from 4 to 3, namely: (a) Single Residence, (b) General Residence, (c) Commercial; (2) Percentage of lot covered by buildings - not more than 25%; (3) Side yard or rear yard minimum increased to 30 feet from 20 feet previously required for side yards; and (4) Distance through dwelling from side lot line to side lot line increased to 160 feet from 120 feet. June 6, 1955 (Approved by Attorney General August 1, 1955) By-law amended. Principal changes were: (1) Change in area requirements in single residence districts from 40,000 square feet to 80,000 square feet; (2) Change in frontage requirement from 80 feet to 120 feet; (3) Distance through structure from 160 feet to 250 feet; (4) Change in front yard requirement from 40 feet to 50 feet; (5) Change in side or rear yard requirement from 30 feet to 50 feet. March 21, 1956 (Approved by Attorney General April 26, 1956) By-law amended. Establishment of requirements for parking spaces in buildings in commercial district - to be at least 3 times the ground floor area of all buildings or parts thereof. December 13. 1960 (Approved by Attorney General January 27, 1961) General revision and clarification of By-law. Town divided into six districts: (a) Single Residence; (b) General Residence; (c) Retail Business (from Commercial); (d) Service Business; (e) Selected Light Industrial; (f) Open-Space Conservation. Provision was also made for garden apartments of not more than four units to be built in General Residence districts with Board of Appeals approval. November 26, 1962 (Approved by Attorney General April 3, 1963) By-law amended. Principal changes: (1) Garden apartments allowed in General Residence District with no limit on number of units. Board of Appeals approval no longer necessary; (2) For lots put to multiple residence use - a minimum area of 10,000 square feet per dwelling unit for lots used for 2 or 3 dwelling units, and of 8,000 square feet per dwelling unit for lots used for 4 or more units. March 16, 1964 (Approved by Attorney General April 7, 1964) By-law amended. Principal change was provision for use of cluster development in certain cases, subject to permission of the Board of Appeals. June 7, 1965 (Approved by Attorney General September 15, 1965) By-law amended. Minor changes only. (Elimination of various structural requirements included in new building code, etc.) ii March 29, 1971 (Approved by Attorney General May 4, 1971) By-law amended. Principal change was provision for Open Space Residential Development (OSRD) under certain circumstances, subject to permission of Board of Appeals. Minor changes were also made in the cluster development requirements as follows: (1) minimum area of lot reduced to 35,000 square feet; (2) Minimum amount of open land increased to 35% of land area of the tract; (3) Clarification of provision for ownership of open land. March 25, 1972 (Approved by Attorney General June 5, 1972) By-law amended. The principal change was provision for the construction of subsidized housing for persons of low and moderate income (PCD) under certain conditions, subject to permission of the Board of Appeals. Changes were also made in the section dealing with parking regulations. June 7, 1972 (Approved by the Attorney General October 16, 1972) By-law amended. Principal change provided for the establishment of apartments in single family residences, under certain conditions, subject to the permission of the Board of Appeals. Standards were also voted for certain uses permitted in a single family residence district subject to the permission of the Board of Appeals. In addition to the by-law changes, the zoning map of the Town was amended to show an area designated as R-3 and an area shown as R-4. March 24, 1973 (Approved by Attorney General July 30, 1973) By-law amended. Only change was a reduction in the parking area required in a B-1 Retail Business district. December 3, 1973 (Approved by Attorney General March 12, 1974) By-law amended. The amendment provided for the establishment of a Wetland and Watershed Protection District as an overlay district, with regulations on the uses permitted within the boundaries of this district. March 23, 1974 (Approved by Attorney General April 23, 1974) By-law amended. Changes in the regulations governing uses in B-2 District. March 25, 1978 (Approved by Attorney General June 8, 1978) General revision of By-law in accordance with the requirements of Chapter 808 of the Acts of 1975, with the zoning map being revised to include the Federal Flood Plain Maps required by the Federal Flood Insurance Program. The principal change in the By-law is to permit the Planning Board, rather than the Board of Appeals, to issue special permits authorizing R-1 cluster developments. All dimensional restrictions are eliminated from the cluster provisions; instead, all development in a cluster is now subject to site plan approval. iii June 20, 1978 (Approved by Attorney General September 21, 1978) By-law amended. Number of detached single-family dwelling units permitted in an R-3 OSRD development changed from a maximum of 10% to a maximum of 20%. In addition the zoning map was amended to show the expansion of the R-3 district. March 24, 1979 (Approved by Attorney General April 19, 1979) By-law amended. Maximum area of an accessory apartment increased from 25% of total area to 35% with information on how the area is to be measured. March 28, 1981 (Approved by Attorney General July 6, 1981) By-law amended. The section pertaining to signs is completely revised. The result of this revision is to make requirements pertaining to signs more applicable to existing conditions and to allow the Planning Board to exercise discretion in certain cases. June 18, 1981 (Approved by Attorney General October 9, 1981) By-law amended. A change in Section 9.1 to permit certain retail establishments to conduct outdoor sales periodically, subject to a plan, including a site plan approved by the Planning Board. March 26, 1983 (Approved by Attorney General May 9, 1983) By-law amended. Establishment of a temporary Overlay District to be called "NL North Lincoln Planning District", only until final adjournment of the 1984 Annual Town Meeting, in order to impose a temporary moratorium within the District as far as residential development is concerned, so that studies of land use, traffic patterns, etc. may be carried out within this period. (The North Lincoln Planning District includes all land in the Town located north of the Cambridge Turnpike (Route 2) and all land within one hundred (100) feet of the southerly boundary of said Turnpike. Also amendments include change in Section 16.6(e) (Lighting for Signs), and an addition to Section 18 - General Regulations -, prohibiting the storage of more than two unregistered motor vehicles, except when special permits are issued by the Planning Board. (Section 23 - Definitions - now provides definition of what constitutes a motor vehicle.) November 15, 1983 (Approved by Attorney General January 24, 1984) By-law amended. Amendment to Section 14.3.2(a) - Accessory Apartment - to provide that the owner- occupancy requirement of this section shall not be applicable as long as the structures and lot are owned by the Town. March 24, 1984 (Approved by Attorney General April 27 1984) By-law amended. Amendment to Section 14.3.2(f) - Accessory Apartments changing date of existing building to January 1, 1984. iv March 23, 1985 (Approved by Attorney General May 30, 1985) By-law amended. Amendment to Section 14.3 - Accessory Apartment - to limit floor area of an apartment to 1200 square feet and to provide moderate income occupancy through a Housing Commission program. April 4, 1986 (Approved by Attorney General July 1, 1986) General revision. Town Meeting approved changes of a technical and clarifying nature. Substantive changes were made to Sections 4.5, 13.4 and 23.22. The Zoning Map was revised to eliminate the B-1 District on Rte. 2A in North Lincoln. November 1, 1986 (Approved by Attorney General November 19, 1986) By-law amended. Principal change provided for a NL-North Lincoln Planning District overlay district, with regulations on the uses permitted within the boundaries of this district and established two districts within the overlay district. April 1, 1989 (Approved by Attorney General June 5, 1989) General revision. Town meeting approved changes of a technical and clarifying nature. Substantive changes were made to Sections 6.6, 6.5.4, 17. By-law amended. Section 6.6 changed the minimum acreage needed for cluster from ten (10) acres to four (4) acres. By-law amended. Section 6.5.4 changed the minimum lot calculation to be dependent upon any connection being not less than 50' or constrained in length in order to determine lot size for dimensional and other constraints of the by-law. By-law amendment. Section 17 was comprehensively revised and was approved as Section 17A exclusively for residential site plan approval. March 24, 1990 (Approved by the Attorney General May 7, 1990) By-law Amended: Principal change was designating Section 17, Site Plan Approval, applicable to all development in Lincoln by deletion of introductory paragraph designating Section 17 applicable to residential use only, and deletion of Section 17A in its entirety. Technical changes made to Section 3. March 23, 1991 (Approved by Attorney General April 11, 1991) General revision. Town meeting approved changes of a technical and clarifying nature regarding accessory apartments. Language in Sections 6.5.5, (Yards) 13.2 (Area, Frontage and Yard, Requirements in General Rules for Applying Development Regulations in all Districts), and 14.3 (Accessory Apartments in an R-1 District) changed to clarify that, where appropriate, a permit may be issued for an accessory apartment in an accessory structure which does not meet principal structure setbacks. v March 26, 1994 (Approved by Attorney General June 7, 1994) By-law amended. Amendment to Section 6.6.2 (j) and 14.3.1 to allow special permitting of accessory apartments in R-1 Cluster Developments. March 25, 1995 (Approved by Attorney General April 20, 1995) By-law amended. Amendment to Section 6.3 (a) to allow that the minimum area of any lot used for a public safety facility shall be the greater of 80,000 square feet or four times the total floor area of the structure or structures. Amendment to Sections 14.3.2 (f) and 14.3 8 to allow the special permitting of accessory apartments in buildings constructed at least ten (10) years prior to the date of application. Amendments to Sections 5.4, 6.1, 6.2, 9.1, 11 and 19.1 to conform the By-law to the Massachusetts Enabling Act, which requires that religious and educational uses are to be allowed as of right in all zoning districts, and to provide a mechanism by which exemptions from zoning regulations, allowed by law for the benefit of religious and educational uses, may be granted by the Planning Board. March 23, 1996 (Approved by Attorney General April 19, 1996) By-law amended. Amendments to Section 5.4 and 19.1(e) to add the words "signage" and "frontage". April 5, 1997 (Approved by Attorney General July 2, 1997) By-law amended. Establish a new Wireless Communications Facilities Overlay District. Zoning map revised to show locations. March 28, 1998 (Approved by Attorney General May 5, 1998) By-law amended. Amendments to Section 12.6 Wireless Communications Facilities Overlay District. March 27, 1999 (Approved by Attorney General July 8, 1999) By-law amended. Amendments to Section 4 and 17 to provide site plan approval for large structures. Amend Zoning map to include North Lincoln Planned Development District No. 3 and establish district No. 3 for an Inn. Amend Section 12.2 W-Wetland protection to providing minimum contiguous developable area. Amendments to 12.6 Wireless communications. Clarifying amendments to Section 16 - Signs, Section 15.5 - parking, and 14.3 - Accessory apartments. November 4, 2000 (Approved by Attorney General January 26, 2001) By-law amended. Amendments to 12.6 Wireless communications adding new parcels. March 24, 2001 (Approved by Attorney General June 29, 2001) By-law amended. Amendments to Sections 9 and 10 to allow special permitting for restaurants in the B-1 and B-2 Business Districts. Amendment to Section 12.6.6(f) Wireless Communications conditions. vi March 23, 2002 (Approved by Attorney General July 3, 2002) By-law amended. Amendments to Sections 9 and 10 regarding restaurants. Amend 12.6 Wireless Communications adding new parcel, Amend Section 16, Signs. March 29, 2003 (Approved by Attorney General June 12, 2003) By-law amended. Amendments to “Big House By-law,” Sections 4, 6, 13, 17. Delete Section 4.3.1, Nonconforming Uses. Add Section 4.6, Nonconforming Uses. Add Sections 6.0.1, 6.0.2, 6.0.3, 6.1.1 to R-1 Single Family Residence District. Amend Section 6.5.1, R-1 Development Regulations, Standard Development. Amend 6.5.6, Size of Structure. Amend Section 13.1.1, General Rules, adding 13.1.1a, 13.1.1b, and amending 13.1.2. Amend Section 17, Site Plans. Amend 12.6.2, Wireless Communications, adding new parcel. Add Section 12.6.6 (p), Wireless Communications Conditions, cell tower heights. Add Section 18.5, Fences. Amend Section 20.1, Members. Amend Section 23, Definitions, 23.2 and 23.4; Add Definitions 23.33 through 23.40. March 27, 2004 (Approved by Attorney General July 1, 2004) By-law amended. Add Section 12.7, South Lincoln Overlay District. Add 13.5 Exterior Lighting. Add definition of half story. Minor clarification to Sections 6.5.5, 6.3(b), 12.6.4, 12.6.2, 13.1.1b. April 2, 2005 (Approved by Attorney General May 4, 2005) By-law amended. Add Section 6.6.5 Cluster Lot Site Plan Review. Add Section 14.5 Inclusionary Housing. Amend Section 17.7, 17.7.1, 17.7.4(b), 17.7.4(g) Cluster Lot Site Plan Review. Add Section 21.7 Planning Board Associate Member. Replace Section 23 Definitions. Replace Figure 1. Technical Corrections to Sections 6.6.2(c)(iii), 7.2(b), 12.6.6(b), 13.4, 16.2, 16.4, 17.2, 17.3, and 184.108.40.206. vii TABLE OF CONTENTS Page SECTION 1. Purposes 1 SECTION 2. Zoning Map 1 SECTION 3. Establishment of Districts 2 SECTION 4. Non-Conforming Uses 2 SECTION 5. New Construction and New Uses 4 SECTION 6. R-1 Single Family Residence District 4 6.0.1 4 6.1 Uses Permitted 5 6.2 Uses Permitted Subject to Permission of the Board of Appeals 6 6.3 Existence Date 7 6.4 Site Plan Requirements 7 6.5 Standard Development Regulations 7 6.6 R-1 Cluster Development Regulations 8 (See also Section 13) SECTION 7. R-2 General Residence District 10 7.2 Uses Permitted 10 7.3 R-2 Development Regulations 10 (See also Section 13) SECTION 8. The R-3 and the R-4 Districts 11 8.1 R-3 Open Space Residential Development [OSRD] District 11 8.2 R-4 Planned Community Development [PCD] District 11 8.3 Development Regulations for a Tract of Land Situated not Within an R-3 OSRD District or an R-4 PCD District, Subject to the Restrictions of the R-1 District 12 8.4 Application to the Board of Appeals for Special Permit for Development in an R-3 or R-4 District 14 (See also Section 13) SECTION 9. B-1 Retail Business District 15 9.1 Uses Permitted 15 9.2 Uses Permitted subject to Special Permit from Planning Board 16 9.3 Development Regulations for the B-1 District 16 SECTION 10. B-2 Service Business District 17 10.1 Uses Permitted 17 10.2 Uses Permitted Subject to the Permission of the Board of Appeals17 10.3 Uses Permitted Subject to Special Permit from Planning Board 17 10.4 Development Regulations for the B-2 District 18 10.5 Permits for Uses in the B-2 District 18 SECTION 11. B-3 Selected Light Industrial District19 11.1 Uses Permitted 19 11.2 Uses Permitted Subject to Permission of the Board of Appeals 19 11.3 Plans and Building Permit Requirements 20 11.4 Development Regulations 21 viii SECTION 12.Overlay Districts 21 12.1 C-Open Space Conservation District 21 12.2 W-Wetland and Watershed Protection District 22 12.3 FP-Flood Plain District 25 12.4 H-Historic District 25 12.5 NL-North Lincoln Planning District 25 12.6 WCF- Wireless Communications Facilities Overlay District 36 12.7 SL-South Lincoln Planning District 41 SECTION 13.General Rules for Applying Development Regulations in all Districts 13.1 Height 43 13.2 Area, Frontage and Yard Requirements 43 13.3 Lot Coverage 44 13.4 Accessory Buildings 44 13.5 Exterior Lighting 44 SECTION 14.Special Housing Provisions 44 14.1 Purpose 44 14.2 Increased Density in an R-4 Planned Community Development District 44 14.3 Accessory Apartments in an R-1 District 46 14.4 Development Bonus 48 14.5 Inclusionary Housing 49 SECTION 15.Off-Street Parking and Loading Areas 51 15.1 Purpose 51 15.2 Definitions 51 15.3 Regulations and Restrictions 52 15.4 Exemptions 55 SECTION 16.Signs 55 16.1 Definitions 55 16.2 Permits and Special Permits Required 55 16.3 Signs Permitted Without Special Permit 55 16.4 Permit Applications 56 16.5 Special Permits 56 16.6 General Provisions 56 SECTION 17.Site Plans 57 17.1 Purpose 57 17.2 Site Plan Content 57 17.3 Procedure 57 17.4 Standards and Criteria 57 17.5 Fees 58 17.6 Rules 59 17.7 Approval 60 17.7.1-17.7.6 Residential Site Plan Requirements 60 SECTION 18.General Regulations 62 18.1 Removal of Earth 62 18.2 Temporary Use 62 18.3 Uses Accessory to Scientific Endeavor 63 18.4 Unregistered Motor Vehicles 63 18.5 Fences 63 ix SECTION 19.Administration 65 19.1 Building Permits 65 19.2 Certificate of Occupancy 66 19.3 Violations and Penalty 66 SECTION 20.Board of Appeals 66 20.1 Members 66 20.2 Powers of the Board 66 SECTION 21.Amendments and Procedural Matters 67 21.1 Chapter 40A, General Laws 67 21.2 Interpretation, Administration, Enforcement 67 21.3 Special Permits 68 21.4 Failure to Act by Board of Appeals or Planning Board 68 21.5 Special Permits Lapse Time 68 21.6 Lack of Opposition 68 21.7 Associate Member 68 SECTION 22.Validity and Conflict of Laws 68 SECTION 23.Definitions 69 APPENDIX Figures 1, 2, 3, 4 74 x ZONING BY-LAW OF THE TOWN OF LINCOLN SECTION 1 PURPOSES . The purposes of this Zoning By-law (the "By-law") are to promote and conserve the health, safety, morals, convenience and general welfare of the inhabitants of the Town of Lincoln ("the Town"), to lessen congestion in the streets, to lessen the danger from fire and natural disasters, to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population, to encourage the provision of housing for persons of all income levels, to preserve and increase the amenities of the Town, to conserve natural conditions and resources, to conserve and protect public and private water supply, to facilitate the adequate provision of transportation, drainage, schools, parks, open space and other public requirements, to conserve the value of land and buildings, including the prevention of blight, excessive noise and pollution of the environment, to preserve historic sites, to improve and beautify the Town by encouraging the most appropriate uses of land within the Town, including consideration of a comprehensive or master plan, if any, adopted by the Planning Board or a regional planning agency. In accordance with these purposes, the use, construction, erection, establishment, movement, repair, alteration, enlargement, height, location and occupancy of buildings and structures and the uses and occupancy of all land in the Town of Lincoln are hereby regulated and restricted as hereinafter provided. SECTION 2 ZONING MAP. The map entitled Zoning Map of Lincoln, Mass., dated March 25, 1978 ("the Map"), and filed with the Town Clerk, together with amendments thereto and all explanatory data thereon are hereby made a part of this By-law. 2.1 Boundaries of Districts. 2.1.1 Where the boundary lines are shown upon the Map within the side lines of public and private ways, railroads or water courses, the center lines of such ways shall be the boundary lines. 2.1.2 Where the boundary lines are shown upon the Map, approximately on the location of property or lot lines, and the exact location of property, lot or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines. 2.1.3 Boundary lines located outside of such side lines of public and private ways and shown approximately parallel thereto, which shall be regarded as parallel to such side lines and dimensions shown in figures placed upon the Map between such boundary lines and side lines of public and private ways, are the distances in feet of such boundary lines from such side lines, such distances being measured at right angles to such side lines unless otherwise indicated. 2.1.4 In all cases which are not covered by other provisions of this Section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said Map, by the use of identifications as shown on the Map, or by the scale of the Map. 2.1.5 Where a district boundary line (other than a boundary line for an overlay district) divides any lot existing at the time such line is adopted, the regulations for the less restrictive districts of such lot shall extend no more than twenty (20) feet into the more restrictive district, provided the lot has frontage in the less restrictive district. Ref. Section 3.1. 1 2.1.6 Contour lines are of indicated elevation above the datum mean sea level of the U. S. Geological Survey. 2.1.7 Any change of the Zoning Map shall constitute an amendment of this By-law and the procedure for making such a change shall conform to the requirements for amending this By-law. SECTION 3 ESTABLISHMENT OF DISTRICTS . 3.1 The Town of Lincoln is hereby divided into seven types of districts to be known in order from most restrictive to the least restrictive R-iegslyinrc6t) ect. R-2RnesDlinrict 7() ect. R-3 Open Space Residential Development (OSRD) District (Sect. 8) R-4 Planned Community Development (PCD) District (Sect. 8) B-uetiissct 9() ect. B-eruDiisrict(0) ct. B-3 Selected Light Industrial District (Sect. 11) SECTION 4 NON-CONFORMING USES . 4.1 Any use or structure lawfully existing at the time of the adoption of the Town's Zoning By-law or any amendment thereto and any use or structure lawfully begun, or as to which a building or special permit has been issued, before the first publication of notice of the public hearing on this amendment to such by-law or any future amendment thereto, may be continued or completed although such structure or use does not conform to the provisions hereof or of such amendment; Provided that: (a) Construction or use pursuant to such a building or special permit shall conform to the provisions of this By-law as amended unless the use or construction is commenced within a period of six months after issuance of the permit and, in cases involving construction, unless such construction is completed as continuously and expeditiously as is reasonable; (b) Whenever a non-conforming structure or use has been changed to become more conforming, it shall not again revert to being less conforming. (c) A non-conforming lot which is hereafter decreased in size loses its non- conforming protection under Section 4.5. A non-conforming lot which is hereafter increased in size may retain its non-conforming nature, provided that the Board of Appeals issues a special permit in accordance with Section 20 hereof, permitting the area, frontage, width, yard and depth requirements to be those to which the lot was entitled immediately prior to such increase in size, including its determination that permitting such requirements will not be detrimental to the public safety and welfare and will be in harmony with the general purpose and intent of the By-law. (d) Whenever a non-conforming use has been abandoned for a period of more than two years, it shall not be re-established and any future use shall conform to the Zoning By-law and any amendment thereto; (e) Any change or substantial extension of a non-conforming use and any reconstruction, extension or structural change to a non-conforming structure which is either: 2 i. for a substantially different purpose than the non-conforming use or structure or; ii. for the same purpose in a substantially different manner, or; iii. for a substantially greater extent than the non-conforming use or structure; may be made only if a special permit pursuant to Section 4.4 below, is granted. All other reconstruction, extensions or changes of a non-conforming use or structure are permitted by right. (f) Any reconstruction or repair of a partially destroyed, demolished or damaged structure put to a non-conforming use must be commenced within one year of such damage or destruction and the reconstruction completed and the same non- conforming use reinstated within two years of such damage or destruction. 4.2 A residence in a district where residences are permitted, but on a non-conforming lot, may be reconstructed, altered or repaired without change in the lot size. 4.3 A single or two-family residential structure may be the subject of alteration, reconstruction, extension or structural change provided that such alteration, reconstruction, extension or structural change does not increase the non- conforming nature of such structure. 4.4 The change or alteration of any non-conforming use or structure which is not otherwise permitted as a matter of right by the provisions of paragraphs 4.1(c), 4.1(e), and 4.3 hereof, may be extended, altered, reconstructed or repaired, provided that in each case the Board of Appeals, in accordance with the procedures and provisions of Section 20 hereof, shall grant a special permit finding that such extension, alteration, reconstruction or repair is not substantially more detrimental to the neighborhood than the prior existing non-conforming structure or use. 4.5 A single-family or two-family residential lot established prior to June 6, 1955, and continuously existing without alteration since its establishment which complied with minimum area, frontage, width, yard and depth requirements in effect at the time such lot was established, may be used in accordance with such requirements as a non-conforming lot and need not comply with any subsequently adopted by-law or amendment which increases the area, frontage, width, yard or depth requirements applicable to such residential lot. 4.6 Any proposed alteration, extension, reconstruction or renovation of an existing building or accessory structure above natural grade subject to the requirements of Section 4 that will result in: (a) the buildings and accessory structures on the lot having a calculated gross floor area in excess of 4,000 square feet or 8% of the lot area, whichever is greater; or (b) the buildings and accessory structures on the lot having a calculated gross floor area which exceeds 6,500 square feet shall require Planning Board site plan review and approval prior to the issuance of a Building Permit therefore, in accordance with Section 17.7 of the By-law. 4.6.1 No site alteration or site development work on a lot including, but not limited to, removal of vegetation, soil excavation, or grading in preparation for, or anticipation of any alteration, extension, reconstruction or renovation of a building or structure subject to the requirements of this Section shall occur prior to a Building Permit 3 being issued for said building or accessory structure in accordance with Section 4.6 of this By-law. 4.6.2 Removal of vegetation in the course of normal home maintenance, consistent with applicable by-laws, is allowed on a lot subject to Section 4. 4.6.3 No Certificate of Occupancy shall be issued by the Building Inspector for any building or structure subject to the requirements of Section 4.6 until the Planning Board has issued a written determination that said building or structure and the lot upon which it occurs comply with the applicable site plan approved in accordance with said Section. SECTION 5 NEW CONSTRUCTION AND NEW USES . No new structures shall be erected, constructed, established, altered, repaired, enlarged or moved, and no land shall be put to new use or shall be occupied except in conformity with the requirements, character and conditions laid down for each of the several districts established by this By-law. Any use not specifically listed herein or otherwise permitted in a district shall, to the extent permitted by law, be prohibited, provided that: 5.1 The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on parcels of more than five acres shall not be prohibited in any district. 5.2 Nothing in this By-law shall be construed to regulate or restrict the interior area of a single-family residential building. 5.3 Nothing in this By-law shall be construed to prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a non-profit educational corporation. 5.4 Notwithstanding the foregoing, land or structures described in paragraphs 5.1, 5.2 and 5.3 of this section shall conform to all regulations concerning the bulk and height of structures, yard sizes, lot area, setbacks, frontage, open space, width of lot through the building, signage, parking and building coverage of the district in which the land lies, provided however, that in the case of land or structures referred to in paragraph 5.3, such development regulations may be determined by the Planning Board to be inapplicable in whole or in part pursuant to Section 19.1(e) below. SECTION 6 R-1 SINGLE-FAMILY RESIDENCE DISTRICT . The R-1 District is intended as a district of single family homes with not more than one dwelling unit and accessory structures upon one lot (except as may be permitted under Sections 6.6, 14.3 and 14.4 below). 6.0.1 No site alteration or site development work including, but not limited to removal of vegetation, soil excavation, or grading, shall be performed on an undeveloped or vacant lot prior to Planning Board approval of a site plan therefore, in accordance with Section 17.7 of this By-law. 6.0.1.a For purposes of Section 6.0.1, an “undeveloped” lot shall mean a lot upon which a dwelling unit or accessory structure has never been constructed. 4 6.0.1.b For purposes of Section 6.0.1, a “vacant” lot shall mean a lot upon which any dwelling unit or accessory structure has been removed, torn down or other wise removed such that no dwelling unit or accessory structure exists upon said lot. 6.0.2 No site alteration or site development work on a lot including, but not limited to: removal of vegetation, soil excavation, or grading, shall occur prior to Planning Board approval of a site plan in accordance with Section 17.7 of this By-law in preparation for, or anticipation of, construction of any proposed alteration, extension, reconstruction, or renovation of any existing dwelling unit or accessory structure above grade when (a) the proposed calculated gross floor area for the dwelling unit and all accessory structures exceeds 4,000 square feet or 8% of the lot area, whichever is greater; or (b) the calculated gross floor area of the dwelling unit and all accessory structures equal or exceed 6,500 square feet. 6.0.3 Removal of vegetation in the course of normal home maintenance, consistent with applicable by-laws, is allowed on a lot subject to Sections 6.0.1 and 6.0.2. 6.1 UseP sermitted: (a) one building containing one dwelling unit used as a single family residence; (b) rooming or boarding house for not over three lodgers; (c) museums and libraries owned and operated by the Town or by a public charitable organization with respect to which the Town elects or appoints members of the governing board, and parks, playgrounds, conservation area, water supply areas and land owned and operated for the public enjoyment or service by a public or semi-public agency; (d) preservation of a lot in its natural conditions; fields, pastures and wood lots; orchards, nurseries, truck gardens and farms, but not including piggeries or farms operated in substantial part for disposal of garbage, sewage, offal or renderings; greenhouses for private uses; keeping of pets and farm animals for residents' use; sale or the offering for sale of farm produce by an owner or resident tenant of the land in the Town providing that a substantial portion of such produce is raised within the Town; (e) accessory uses on the same lot, if entirely auxiliary to uses as permitted in 6.1(a) through 6.1(d); (f) professional office, studio, laboratory, and workshop accommodating occupations customarily conducted in Lincoln in a residence or building accessory thereto by a person residing on the premises, provided that: i. such use is clearly incidental and secondary to the use of the premises for residential purposes; ii. not more than one person other than residents of the premises is engaged in the conduct of the home occupation, whether as an employee or otherwise; iii. no offensive noise, vibration, smoke, dust, odors, heat, glare or unsightliness is produced; 5 iv. there is no public display of goods or wares and there are no signs except as permitted in Section 16; v. there is no exterior storage of material or equipment (including the parking of more than one commercial vehicle) and no other exterior indication of such use or variation from the residential character of the premises; vi. there are adequate off-street parking spaces for employees and for visitors in connection with the home occupation which does not substantially alter the appearance of the premises as a single family residence. vii. such use does not require the parking of more than four vehicles used by persons engaged in the occupation, clients, customers or patients on a regular basis; viii. traffic generated by such use is not inconsistent with traffic usually associated with a single family residence. (g) religious or educational uses governed by G.L. c. 40A, s. 3. 6.1.1 No Certificate of Occupancy shall be granted by the Building Inspector for a building or structure, subject to the requirements of Sections 6.0.1 and 6.0.2, until the Planning Board has issued a written determination that said building or structure and the lot upon which they occur complies with the applicable site plan approved in accordance with said Section. 6.2 Uses Permitted Subject to Permission of the Board of Appeals , as provided in Section 20 below, with the written advice of the Planning Board in each case; (a) hospital, sanitarium, nursing home or charitable institution other than those defined in Section 5.3; (b) use of land or structure by a public utility or by the Town; (c) community club or country club and golf course not conducted for profit; (d) commercial greenhouses; (e) the raising and keeping of poultry for other purposes than the use by the occupants of the residence, or the boarding, training, raising, or breeding of dogs other than for the residents' own use as pets or farm animals (e.g., sheep dogs), or the training, raising, breeding or offering for hire of riding horses other than for the residents' own use. (f) private, non-commercial radio and television towers; provided that a permit to erect and maintain such a tower in connection with the operation of an amateur radio station shall not be denied unless the safety of the public will be endangered by such erection or maintenance; (g) any museum or library not referred to in Section 6.1(c) or 6.1(g) above; (h) any occupation which otherwise meets the requirements of Section 6.1(f) but which requires the parking of more than four motor vehicles on a regular basis or with respect to which more than one person other than the residents of the premises is engaged in the conduct of such occupation; 6 (i) an occupation not currently customarily conducted in a residence in Lincoln which is customarily conducted in residences in other communities, and which is as consistent with the residential character of the premises as those occupations permitted under Section 6.1(f), provided that the requirements of Section 6.1(f), (i - viii) are met. 6.3 Any structure built after June 7, 1972, or substantially altered after June 7, 1972 to accommodate a use allowed in 6.2 (a-i), must comply with the following additional development regulations in order to carry on any of the special permitted uses listed in Section 6.2 (a) through (i). (a) the minimum area of any lot shall be the greater of 80,000 square feet or ten times the total floor area of the structure or structures on such lot (for purposes of this section the total floor area of any structure shall be the gross floor area and shall include the gross floor area of any cellar or attic); provided that the minimum area of any lot used for a public safety facility shall be the greater of 80,000 square feet or four times the total floor area of the structure or structures on such lot; (b) any structure and the lot on which it is located shall comply with the height, frontage and yard requirements applicable to the R-1 District, except that the Board of Appeals may, as a condition to granting the special permit, impose lower height restrictions and greater yard and frontage requirements if, owing to the size of the structure such restrictions or requirements are appropriate to prevent the structure from adversely affecting adjacent property. 6.4 In connection with the application for a special permit for any use which is subject to paragraph 6.3 above, the applicant shall submit a complete site plan prepared in accordance with Section 17 below and elevations of the proposed structure. No permit for any such use shall be valid unless such site plan and elevations (or a modification thereof approved by the Board of Appeals) is specifically incorporated by reference in such permit and unless the structure, when built, conforms to such site plan and elevations. 6.5 R-1 Development Regulations - Standard Development 6.5.1 Height 6.5.1.a The height of any structure constructed before April 5, 2003 shall not exceed 36 feet, as measured in accordance with Section 13.1.1.a. 6.5.1.b The height of any structure constructed after April 5, 2003 shall not exceed 36 feet or 2 1/2 stories which ever is less, as measured in accordance with Section 13.1.1.b. 6.5.2 Area - The minimum area of any lot shall be 80,000 square feet. Also refer to Section 12.2.4 for lots within the W-Wetland and Watershed protection District. 6.5.3 Frontage - The minimum street frontage shall be 120 feet. 6.5.4(a) Width of lot - The minimum width of a lot between any point on any side lot line and any point on the other side lot line measured through any point on the principal building shall be 250 feet. (See figure 1 at end of by-law.) 6.5.4(b) Whenever any two points on lot lines shall be less than (50) feet apart, measured in a straight line, except where the distance between such points, 7 measured along the perimeter of the lot, is less than one hundred fifty (150) feet, then no part of the smaller portion of the lot which is bounded by such straight line and such lot lines shall be considered in computing area, frontage, setback or other dimensional requirements of the Zoning By-law. (See figure 2 at end of by-law.) 6.5.5 Yards - The minimum front, side, and rear yard is 50 feet for a residential principal structure (a principal structure that is used primarily for residential purposes). The minimum front, side, and rear yard is 75 feet for non-residential principal structures and for structures that are not accessory to residential use, notwithstanding the provisions of Section 13.4. 6.5.6 Size of Structure . - No structure in existence on April 5, 2003 which exceeds the size thresholds contained in Section 6.0.2 shall be deemed non-conforming if the property is otherwise in compliance with the applicable dimensional requirements of this By-law. 6.6 Development Regulations - R-1 Cluster Development 6.6.1 For the purpose of promoting the more efficient use of land in harmony with its natural features, an owner or owners of a tract of land situated within the R-1 Single Residence District, or a duly authorized agent of such owner or owners, may make application to the Planning Board for a special permit exempting such land from the lot area and frontage, yard, widths of lot requirements of Section 6.5 and Section 13.2.6 and from the requirements of 6.1(a) that there shall be no more than one dwelling unit per lot. Such application shall be accompanied by a site plan for approval by the Planning Board in accordance with Section 17 (site plans) below, and shall include all information required by Planning Board Rules and Regulations Governing the Subdivision of Land and the Laying Out of Ways. 6.6.2 After submission of fees by the applicant, publication of notice and a public hearing, the Planning Board may, after due consideration of the reports and recommendations of the Conservation Commission and the Board of Health, grant such a special permit provided that: (a) it finds that the proposed plan is in harmony with the purposes and intent of this By-law and this Section; (b) the area of the tract of land is not less than one hundred sixty thousand (160,000) square feet; (c) the number of lots on which there is to be a single dwelling unit plus the number of dwelling units proposed to be located on lots containing more than one dwelling unit does not exceed the number of lots upon which dwellings could be constructed on the total land area of the tract which is usable for residential construction without reference to this Section 6.6, under applicable laws, as determined by the Planning Board with reference to: (i) (6.5) R-1 development - standard regulations; (ii) Subdivision control law: (iii) Definition of Land Usable for Residential Construction (Section 23); (iv) All other applicable laws: (d) each of the lots shown on the plan has reasonable frontage on a public or private way deemed adequate by the Planning Board; 8 (e) each lot is of a size and shape to provide a building site as shown on an approved site plan by a building envelope within which a building may be built which shall be in harmony with the natural terrain and other features of the tract; (f) the front, side and rear yards of each lot shall be shown on said approved site plan by dashed lines indicating the building envelope; (g) provision shall be made so that at least 35% of the total land area of the tract, exclusive of land set aside for road area, shall be Open Land, and that the Open Land shall include all land not dedicated to roads or building lots; (h) provision shall be made so that Open Land shall be owned: i. by the Town; ii. by the Lincoln Land Conservation Trust; or iii. an association of the owners of the land that may be approved by the Planning Board, with provisions for limited easements for recreational use by residents of the Town, provided that the Town shall have sufficient rights to enable it to enforce compliance with the restrictions imposed by the Planning Board as conditions of its special permit; (i) provision shall be made so that Open Land shall be restricted to any one or more of the uses allowed in a C-Open Space Conservation District, except that, subject to the approval of the Board of Health, the Planning Board may permit the Open Land to be used for subsurface waste disposal where it finds that such use will not be detrimental to the character or quality of the Open Land; and (j) all dwelling units shall be in detached buildings and there shall not be more than one dwelling unit in a building except as allowed in Section 14.3.1. 6.6.3 The Planning Board may impose further restrictions upon the tract as a condition to granting the special permit as the Planning Board shall deem appropriate to accomplish the purposes of this By-law. 6.6.4 In connection with issuing or denying a special permit under this section, the Planning Board shall issue to the applicant and shall file with the Town Clerk a written decision which shall include as a minimum: (a) a determination of the area of the tract "usable for residential construction"; (b) a determination of the number of lots upon which dwellings could be constructed without regard to this section; (c) a general description of the neighborhood in which the tract lies and the effect of the plan on the area; (d) the relation of the plan to long-range plans of the Town, if any; (e) that the plan is designed to take advantage of the natural terrain of the tract; (f) that the proposed Open Land is of a size and shape to provide adequate access to benefit the Town; 9 (g) if the Planning Board grants the special permit, the finding required by Section 6.6.2 above; (h) if the Planning Board denies the special permit, its reasons for so doing; (i)if the Planning Board disagrees with the recommendations of the Conservation Commission or the Board of Health, it shall state its reasons therefore in writing. 6.6.5 Upon approval of the cluster subdivision special permit by the Planning Board, development of individual lots within the cluster shall require site plan review in accordance with Section 17.7 of this bylaw. Amendments or changes to approved site plans shall require Planning Board review in accordance with Section 17.7 unless the Planning Board makes a determination such amendment or change is de-minimus as stated under Section 17.7.4(g). SECTION 7 R-2 GENERAL RESIDENCE DISTRICT . The R-2 General Residence District is intended as a district of single and two-family dwellings and limited type of multi- family development. 7.2 UsePsermitted: (a) any use permitted in an R-1 Single Residence District subject to the same restrictions as are prescribed therein; (b) two-family dwelling, provided that there shall be only one residential building per lot; and provided that no building permit for a two-family dwelling shall be issued unless a site plan has been submitted and approved in accordance with the provisions of Section 17 below; (c) limited type of multi-family development known as "garden apartments," "row houses," or "town houses," provided that no building permit for a multi-family development shall be issued unless a site plan has been submitted and approved in accordance with the provisions of Section 17 below. 7.3. R-2DevelopmenR t egulations 7.3.1 Height - The height of any structure shall not exceed 36 feet. 7.3.2 Area - The minimum area of any lot for each residential building in an R-2 general residence district shall be 12,000 square feet. For lots put to multiple residence use, there shall be a minimum lot area of 10,000 square feet per dwelling unit of lots used for two or three dwelling units, and a minimum lot area of 8,000 square feet per dwelling unit of lots used for four or more dwelling units. 7.3.3 Frontage - The minimum street frontage shall be 100 feet, or as approved in accordance with Section 17 below. 7.3.4 Width of Lot - The minimum width of lot at building shall be 100 feet, or as approved in accordance with Section 17 below. 7.3.5 Yards - The minimum front yard shall be 40 feet and the minimum side and rear yards shall be 30 feet, or, in both cases, as approved in accordance with Section 17 below. 10 SECTION 8. THE R-3 AND THE R-4 DISTRICTS . 8.1 R-3 Open Space Residential Development District. The R-3 Open Space Residential Development (OSRD) District is intended to provide an alternative pattern of land development to the pattern permitted in the R-1 District. Specifically, it is intended to encourage the conservation of more significant common open space than is normally the case in an R-1 District, while at the same time providing for a greater mixture of housing types in certain districts in the Town, at somewhat greater dwelling unit densities than would be allowed in an R-1 district, without a significant increase in population density. This is intended to be done by allowing the construction of appropriate clusters of dwelling units which will not detract from the ecological and visual qualities of the environment. An Open Space Residential Development should result in: (a) conservation of significant tracts of open space; (b) efficient allocation, distribution and maintenance of common open spaces; (c) economic and efficient street, utility and public facility installation, construction and maintenance; (d) a variety of housing types and characteristics; (e) housing and land development harmonious with natural features; (f) the development and maintenance of real property values consistent with the needs of the people of the Town. 8.1.2 Uses Permitted in an R-3 District: Any use permitted in an R-1 Single Family Residence District subject to the same use and development restrictions as are prescribed therein. 8.1.3 Uses Permitted in an R-3 District Subject to Permission of the Board of Appeals: Detached, semi-detached, and multi-family dwelling units provided that no building permit for a development which does not conform to the use and development restrictions of an R-1 District shall be issued hereund
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