This Page Was Last Updated: 06/13/03
Building Permits
Building Permit Application Procedure
When is a building permit required?
The Massachusetts State Building Code Section 113.1 states that "it shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code" without first obtaining a building permit. This includes, but is not limited to, new structures, additions, dormers, chimneys, woodstoves, decks, roofing, siding, swimming pools, antennae, and sheds. The only exception is an ordinary repair. An ordinary repair does not require a building permit.
What is an ordinary repair?
Section 201 of the State Building Code defines ordinary repairs as "any
maintenance which does not affect structure, egress, fire protection systems, fire
ratings, energy conservation provisions, plumbing, sanitary, gas, electrical, or other
utilities. This has been interpreted to mean that rotted floor boards can be replaced on a
deck, but the deck can not be rebuilt without a permit. Also, damaged roof shingles can be
repaired, but the entire roof can not be re-shingled without a permit. If in doubt as to
how much work can be done under ordinary repairs, contact the Office of Community
Development before the start of work.
What is the penalty for working without a permit?
At the minimum, you will be required to obtain a permit and pay a triple fee. The State
Building Code Section 121.4 allows for a fine of up to $1000.00 per day. If work requiring
inspections is covered, it will be required to be uncovered for inspection, and if any
work is in violation of the building code or zoning by-law, it will be required to be
corrected. Failure to obtain a building permit may jeopardize your homeowner's insurance.
How do I apply for a building permit?
Applications can be obtained at the Office of Community Development. For further
information, refer to the Building Permit Application -
Information and Instructions page.
Is any other information required to be submitted with the application?
Yes. For most projects, 3 sets of construction plans and 3 copies of a certified plot
plan must accompany the application, along with the permit fee.
Can I begin work once I submit my application?
No. Work can not proceed until the permit has been issued.
How long does it take to obtain a permit?
The Office of Community Development has a maximum of 30 days in which to issue or deny
a building permit. The actual time can vary from 1 day up to the maximum 30 day limit,
depending on the number of applications ahead of yours, and the scope of work. Generally,
the smaller jobs will take a shorter time, with new buildings taking close to the full 30
days, so allow for this in your scheduling.
Will I be informed when the permit is issued, or do I have to keep calling to find out the status?
The applicant will be called when the permit is ready. If we are unable to reach you by
telephone you will be notified by mail. When the permit is ready, it must be picked up at
the Office of Community Development.
What is the fee for a building permit?
Follow this link for the fee
schedule for building, plumbing, mechanical, gas and electrical permits. Use the
"back" button on your web browser to return to this page. These fees are subject
to change, so check with the Office of Community Development for the latest fee schedule.
What do I get for this fee?
Your permit fee covers the cost of plan review and inspections to determine code
compliance.
Do I calculate the fee?
No. That will be done by the Office of Community Development. In general, it is based
on the valuation of the work, which you provide in the applicable space on the permit
application.
What if I don't know the valuation?
Then we will calculate it for you, using valuation tables published by BOCA (Building
Officials and Code Administrators). Also, many cost estimating publications are available
at the library or at bookstores to assist you. If the figure you put on the application is
too low, we will adjust it.
If I do my own work and use donated materials, won't the permit fee change?
No. The fee is based on valuation, not how much the job cost you.
When do I pay the fee?
The fee is paid at the time of application for the permit.
If my permit is denied or if I decide not to proceed with my project, can I get my fee back?
No. The Board of Selectmen set the policy that all permit fees are non-refundable. If
the permit is denied due to problems that can be resolved, however, you simply resolve the
problem and the permit will be issued. Fees are only forfeited if the project does not
proceed. Also, refunds are not given if the scope of your project is reduced.
Why should I obtain a building permit?
A building permit ensures that work is done correctly and safely. The permit fee is cheap assurance against faulty construction. Also, there are legal and financial liabilities that you face when you don't get a permit. Work done without a permit is illegal and can pose serious complications for you when you try to sell or refinance your house. Any fire and homeowner's insurance you have may be invalidated if you do work without a permit.
Can I do the construction myself or do I have to be licensed?
Section 109.1.1 of the State Building Code states that no structural work shall be done
without a construction supervisor's license. A homeowner can do work on his/her own home
without a license provided that if the homeowner engages a person for hire to do such work
that the homeowner shall act as supervisor.
What is a homeowner?
For the purpose of determining when a license is required, a homeowner is defined as a
"person(s) who owns a parcel of land on which he/she resides or intends to reside, on
which there is, or is intended to be, a dwelling of six or less units, attached or
detached structures accessory to such use and/or farm structures. A person who constructs
more than one home in a two-year period shall not be considered a homeowner."
Can I do my own electrical and plumbing/gas work?
No. State law requires anyone performing electrical, plumbing or gas work to be licensed.
If I don't know any good contractors, can the Office of Community Development recommend someone?
No. Due to obvious conflicts of interest, we can not get involved in the hiring or
recommendation of contractors or in any contract disputes. One way to find a good
contractor is to ask someone who has recently had similar work done on their home for a
recommendation. The Office of Community Development has a list of all permits issued. This
list is on the counter at the Office of Community Development and can be reviewed to
locate some addresses which appear to have had similar work done. The owner and contractor
are also listed. We suggest that you review this list and if you find a project similar to
yours, contact the owner to see if they were happy with the work. Most homeowners are
happy to talk about their construction projects. If you find a contractor who you are
considering hiring, we can give you a computer generated list of all projects in town that
the contractor has worked on. Again, you can then contact the owner to see if they were
happy with the work. Keep in mind that it is important to check references, but don't rely
on references given to you by the contractor.
I understand that if I obtain the building permit, I do not need to be licensed, but if I hire a contractor, does my contractor need a license?
If you are hiring a contractor, they will generally have to hold a Home Improvement Contractor's License and, if doing structural work, will be required to hold a Construction Supervisor's License. If they obtain a building permit, we will make certain that they have the proper licenses before issuing the permit. Be wary of a contractor who tries to convince you to obtain the permit as a way around his/her need for a license. These licenses are to protect you. If you would like to verify that your contractor has the required licenses, follow this link for information about the State's Home Improvement Contractor Program.
Are plans required?
In most cases, construction plans are required. However, for minor work such as roofing
or siding, the requirement for plans will be waived. When plans are required, three copies
must be submitted. Two will be returned with an approved stamp placed on them, and one
will be kept for our files. One copy of the approved plans must be kept on the job site at
all times for the inspector to view.
Do I have to have an architect prepare my plans?
In most cases, no. However, if the work involves unique methods or materials, the
Office of Community Development may require that the plans be stamped by a Registered
Architect or Engineer.
How much detail is needed on the plans?
A full set of construction plans must be submitted. It must be clear from the plans
what work is being done and how it is being done. Plans should be to scale and legible. A
title block giving the address of the project must be provided on the lower right-hand
corner of all sheets. All areas addressed in the building code must be addressed on the
plans. In general, plans for new construction should include floor plans, foundation plan,
framing plans, sections and elevations. Simply adding a note to the plans that says
"all work to comply with codes" is not sufficient. In the Appendix is a review
sheet that the Office of Community Development uses to review residential plans. All
applicable items should be addressed on the plans. Remember, the more complete that the
plans are, the less likely that problems will arise after construction. Several good books
are available at the library or at bookstores on architectural drafting.
Can I change my plans after they have been approved?
Yes. Revised plans must be submitted prior to constructing the change. Also, an application for revised plans must be submitted and additional fees, if any, paid. If the new work is a lower valuation than the original work, no refunds are given.
Is a plot plan required?
If the work involves a new structure or an addition to an existing structure (including
a vertical addition), a plot plan is required. As with construction plans, you must submit
three copies.
I have a mortgage plan that was given to me by the bank when I purchased my home. Can this be used?
The purpose of a plot plan is for determination of compliance with dimensional controls
of the Zoning By-Law. A mortgage plan is only a rough approximation of where the house is
located, and was prepared only for mortgage purposes. Due to the inaccuracy of these
plans, they can only be used if the project is far in excess of the required setbacks
(generally, at least 5 feet in excess of the required setback). If the plan shows that
your project will be close to the required setbacks, a more accurate plan will be
required.
Can I prepare my own plot plan, if I am certain where my property line is?
No. Plot plans can only be prepared by a Registered Land Surveyor, and must bear
his/her stamp.
What if I have over 100 feet to my property line and it is obvious that I will not be anywhere near the required setbacks?
A stamped plot plan is still required. There may be easements, wetlands or other
restrictions that the homeowner is not aware of and will only be shown on a stamped plot
plan.
What information is required on a plot plan?
The surveyor generally knows the procedure for preparing a plot plan and the
information required. Setbacks to all structures must be shown. If any structure is to be
demolished, its location must be shown. Also, any easements must be indicated on the plan.
Any new driveway must have the setback from the property line and its slope shown on the
plan.
For new houses, the plan must include a test pit. This is for determination of compliance
with the zoning by-law requirement that basement floor slabs must be at least 4 feet
higher than the groundwater table. Therefore, the plan must show the test pit location,
the groundwater elevation, and the basement floor slab elevation. Also, existing and
proposed grading must be shown for new houses so that the height of the structure can be
determined.
If I have a plot plan, can I draw my addition on it?
No. You must submit the unaltered plot plan along with a separate plan drawn to scale
showing the location of the proposed addition. This can generally be done by the homeowner
or architect. However, if there is doubt as to the location and conformance with setback
requirements, a certified plot plan showing the proposed structure will be required.
If I don't have a plot plan, where can I get one?
Mortgage plans can sometimes be obtained from the bank. Also, the Office of Community
Development has plans on file for many properties in town. If available, these may be
acceptable. Otherwise, you must contact a Registered Land Surveyor to prepare a plan for
you.
Can the town recommend surveyors?
No. They are listed in the yellow pages. It is suggested that you contact a surveyor
who is familiar with the area. Shop around, since prices vary greatly.
How much is a plot plan?
There are too many variables to give an accurate estimate. You can probably expect to
pay anywhere from a few hundred dollars for simple jobs to a few thousand dollars for more
complex jobs. This amount should be considered when you are estimating the cost of your
project.
How does the Office of Community Development know if the structure was placed in the location proposed?
For all new houses and for additions which are close to the required
setbacks a certified "as-built" plot plan must be submitted to the Office of
Community Development after completion of the foundation. Framing can not proceed until
the plot plan has been submitted.
When I obtain my permit, how long do I have to start the work?
Section 114.3 of the State Building Code states that "any permit issued shall be
deemed abandoned and invalid unless the work authorized by it shall have been commenced
within 6 months after its issuance; however, for cause, one or more extensions of time,
for periods not exceeding 6 months each, may be granted in writing by the Building
Commissioner or Inspector of Buildings." Extensions are normally granted without any
trouble. However, if there have been changes to the Zoning By-Law or building code
subsequent to the original issuance of the permit, any grandfather status may be lost if
work has not begun (i.e., you will have to comply to the new requirements). In addition,
there is a fee for each 6 month extension requested. (See Appendix A) A request for an
extension must be made in writing.
How long do I have to complete the work?
Section 114.3 of the State Building Code states "Work under (a permit) in the
opinion of the Building Commissioner or Inspector of Buildings must proceed in good faith
continuously to completion so far as is reasonably practicable under the
circumstances." In addition, there is an annual permit renewal fee. (See Appendix A)
for work which takes more than a year to complete.
When I start construction, is the work inspected?
Yes. It is the responsibility of the permit holder to call the Office of Community
Development to arrange for the required inspections. Required inspections are indicated on
the inspection record card, which you receive when your permit is approved. For further
information, refer to the Building Inspections - Information and
Instructions page
Where should this card be kept?
The card must be posted in a location visible from the street and accessible to the
inspector. Generally, the best location is inside a front storm door.
Do I need to provide anything else to the inspector?
Yes. If you submitted plans along with your permit application, a copy of these plans, bearing an "approved" stamp was returned to you with the approved building card. This copy must be available for the inspector to review for determination that the work is in compliance with the approved plans.
How much notice does the inspector need when I am ready for an inspection?
Section 111.2 of the State Building Code states that the contractor must give the
inspector 24 hours notice prior to the time when the inspection needs to be performed. It
further states " the Building Inspector shall make the inspection within 48 hours
after such notification".
Can I call for plumbing and electrical inspections?
No. These calls must be made by the licensed plumber or electrician. The amount of
notice required is stated in their respective codes.
What does the inspector look for during the inspection?
We are trying to determine compliance with the approved plans and with the applicable
codes. For more detail, see the attached list of inspection checkpoints.
Does the inspector carry identification?
Yes. All inspectors have business cards and photo identifications. Also, they normally
arrive in an official vehicle. If in doubt as to the inspector's identity, please request
identification.
Will the inspector ever come to my house without a call from me or my contractor?
Generally, no. However, the issuance of a permit gives the inspector the authority to
enter the premises at any reasonable hour for the purpose of determining compliance with
the approved permit. Denial of permission to enter the premises could result in revocation
of the permit.
Does someone have to be home during the inspection?
If access to the new work requires the inspector to walk through your existing,
furnished house, someone must be present to let the inspector in. The inspector will not
enter an unoccupied furnished house. We also will not enter a house in which only a child
is home, unaccompanied by an adult. In these cases, please make arrangements with the
inspector for a time to meet. We will try to accommodate your schedule as much as
possible. However, the large number of inspections, and the unpredictability of the length
of time each inspection may take, makes precise appointments difficult.
I'm having an addition built. When can I begin using it?
Section 119.1 of the State Building Code states that "a building or structure
shall not be used or occupied in whole or in part until the Certificate of Use/Occupancy
shall have been issued by the Building Commissioner or Inspector of Buildings.... The
certificate shall not be issued until all the work has been completed in accordance with
the provisions of the approved permits and of the applicable codes for which a permit is
required...".
Is a Certificate of Use/Occupancy always required?
No. A Certificate of Occupancy is generally issued only for new construction (new
houses, additions, decks, etc.) or for changes in use of an existing area (finishing an
attic, etc.). Certificates are also issued for wood stoves. Certificates are not required
or issued for roofing, siding, etc.
If I don't get a Certificate, how do I know the work was completed satisfactorily?
The inspector will sign your inspection record card. Also, if for any reason you want a
Certificate, simply request one and it will be provided.
Can I occupy my structure before all the work is done?
In most cases, no. However, at your request we may issue a temporary Certificate of
Occupancy if the work is near completion and the structure can be occupied safely. This
Certificate will have an expiration date and list the work required to be completed prior
to issuance of the permanent Certificate.
What if my project makes it impossible to comply with a provision of the building code?
The Office of Community Development does not have the authority to waive a requirement
of the building code. If code compliance is not possible due to a unique situation, a
variance must be obtained from the State Board of Building Regulations and Standards.
How do I obtain a variance?
Applications are available in the Office of Community Development or at the State
Department of Public Safety. It is a lengthy procedure, so allow ample time in your
project scheduling.
What if something is not covered in the building code?
In that unlikely situation, the building inspector has the authority to approve or
disapprove the proposed method of construction.
What if I don't agree with a decision of the inspector?
If the disagreement can not be resolved, an appeal can be filed with the State Board of Building Regulations and Standards, using the same application used for a variance.
Do I need a permit for a storage shed?
Storage sheds that exceed 120 square feet require building permits.
Are there any setback requirements?
The same setback requirements in effect for houses apply to sheds.
Does my shed need to be placed on a foundation?
A shed of up to 120 sq. ft. is small enough so as to not require a foundation. However,
it must still be anchored to the ground. Kits are available for this purpose. This is to
prevent overturning due to wind, and is especially important for aluminum sheds. Sheds
greater than 100 sq. ft. or which have utilities connected to them (plumbing, gas,
electric, sewer, etc. as in the case of a swimming pool filter house) must be on a footing
extending below frost to prevent movement due to frost action.
Do I need a permit for a swimming pool?
Yes. The State Building Code defines a swimming pool as any pool with an area greater
than 250 sq. ft. and a depth greater than 2 ft. If your pool does not meet both of these
criteria, then it is not considered a swimming pool and does not need a building permit.
Are there setback requirements?
Yes. A swimming pool must be set back a minimum of 20 feet to the water line.
Is a fence required?
Yes. A fence at least 5 feet high, and screening at least 5 feet high is required by
the Lexington Zoning By-Law. If there is a gate, it must be self-closing and
self-latching.
Are there any other requirements for the installation of a swimming pool?
Any nighttime illumination shall be installed in such a way so as not to shine directly
into nearby housing.
Are there any special requirements for woodstoves?
All woodstoves must have a separate building permit, even if they are being installed
as part of an addition or new home which already has a permit. This is because the
inspections are done by the Fire Department and a separate Certificate of Occupancy/Use is
issued. We issue separate certificates since most insurance companies like to know that
these have been inspected.
What are the installation requirements?
When you apply for the permit, you should submit a copy of the manufacturer's
installation instructions. These must show required clearances to combustible materials.
Installation must be in accordance with the manufacturer's instructions. Also, the
woodstove must be labeled either by U.L. or other accredited laboratory.
The Lexington Zoning By-Law controls "the uses of land, including wetlands and
lands deemed subject to seasonal or periodic flooding; the size, height, bulk, location
and use of structures, including buildings and signs; noxious uses; areas and dimensions
of land and bodies of water to be occupied or unoccupied by uses and structures, courts,
yards and open spaces; the density of population and intensity of use; the relationship
between land development and traffic congestion; accessory facilities and uses, such as
vehicle parking and loading, landscaping and open space; and the development of the
natural, scenic and aesthetic qualities of the Town of Lexington..." The Zoning
By-law can be downloaded from the Planning section of the Publications
and Forms Directory.
All new construction in the Town of Lexington must conform to minimum setback
requirements as outlined in the Zoning By-Law. These requirements apply to all structures
(sheds, additions, new dwellings, etc.) which are constructed or altered.
How close to a lot line may a structure be placed?
The Required Minimum Yard Setbacks are as follows:
Front Yard Setback - 30 Feet
Rear Yard Setback - 15 Feet
Side Yard Setback - 15 Feet (Note: a property that has less than 100 feet of frontage
requires less than the 15 foot setback.)
Are there any exceptions?
No, not without a variance granted by the Board of Appeals. All structures must comply
with these setback requirements. As noted above a lot with less than 100 feet of frontage
requires less than the 15 foot sideyard setback. Contact the Office of Community
Development or the Zoning By-Law for more information.
I would like to construct an apartment in my house. Can this be done?
The Lexington Zoning By-Law regulates the creation of accessory apartments in existing
structures, apartments in accessory buildings (out-buildings), and the conversion of
single family homes to two family homes. See the Lexington Zoning By-Law, Section 5, for
additional information. Also, a building permit is required for the creation of an
apartment, as well as electrical and plumbing permits.
Are there any special requirements for the installation of a satellite receiving antenna?
A satellite receiving antenna may not be erected in a residential district unless it is accessory to a residential or institutional use and it is located in a rear yard. A satellite receiving antenna may be erected after the issuance of a building permit provided the following conditions are met:
 | The antenna must be located in a rear yard but not within the required minimum set back. |
| The antenna shall be permanently secured to the ground. No antenna shall be installed on a building or on a portable or movable structure, such as a trailer. |
| No antenna shall exceed an overall diameter of 12 feet or a height of 15 feet above the natural grade when measured to its uppermost point when in an upright position. |
| The base of the antenna shall be screened from view from any abutting lot or from the street by an opaque fence, at least six feet high, or by planting providing comparable screening and opacity. |
| The antenna shall be of a non-reflecting and inconspicuous color and compatible with the appearance and character of its surroundings. No advertising material shall be permitted. |
| The antenna shall not be used for commercial purposes. |
What if I cannot comply with these regulations?
The Federal Communications Commission regulations specify that local zoning may not
interfere with the reception of a satellite transmitted signal. For this reason the Board
of Appeals may issue a Special Permit to locate the antenna elsewhere on the lot, or on a
building, where it may receive such signals.
Are there any special requirements for the installation of a tennis or racquet court?
A Special Permit is required from the Zoning Board of Appeals. The Board of Appeals may grant a Special Permit for the construction of a racquet court, accessory to a residential use, subject to the following minimum conditions:
| No racquet court shall be constructed within 15 feet of a lot line or within the required minimum yard setback for a principal building, whichever is greater. The setback of the racquet court shall be measured to the fence enclosing the court. |
| Any nighttime illumination shall be installed in such a way so as not to shine directly into nearby housing. |
| Screening at least five feet high shall be provided around the court. |
| A fence or wall at least eight feet high for the racquet court, shall be provided so that the court is completely enclosed. A principal or accessory building may form part of the enclosure. |
| No racquet court shall be constructed without the issuance of a building permit. |
| Applications for a Special Permit shall contain an order under the provisions of Article
XXXIII of the General By-Laws, or a determination by the Conservation Commission that
Article XXXIII is not applicable or that an Order of Conditions is not necessary. |
Also, any fence used to enclose a tennis or racquet court must comply with the fence
requirements of the Zoning By-Law with regards to height and setbacks from property lines.
A building permit generally is not required for the construction of a tennis or racquet
court. However, a building permit is required for construction of a fence that exceeds 6'
in height.
What requirements are there for fences?
Fences may be located in a required front, rear or side yard provided the height of the
structure (the highest point on the fence) is not greater than its horizontal distance
from the lot line, except that a fence or wall not greater than six feet in height may be
located on, or closer to a lot line than six feet. In other words, a fence that is no
greater than six feet in height may be placed anywhere on the lot. A fence greater that
six feet must be setback and must also receive a building permit. For example an eight
foot fence must be setback eight from any lot line.
Home Occupations - Accessory Uses
I would like to run a business out of my home. Is this allowed?
The Lexington Zoning By-Law allows only certain types of home occupations in a
residential district. The occupations are restricted by their type and are also limited in
their nature. The permitted home occupations must be accessory to the principal
residential use of the property. As accessory uses they are limited to no more than 25% of
the gross floor area of the dwelling. The permitted home occupations are described in
detail below:
The first type of permitted home occupation are those allowed "By-Right". That
is, no approval is needed from the Town. The By-Law allows certain occupations engaged in
within an existing dwelling or a building accessory thereto by a resident thereof,
provided that there shall be no sign, advertising device, exterior storage, or other
exterior indication of the home occupation, and that such occupation is limited to the
exercise of personal or professional skills in the fields of music, dramatics, arts and
crafts and academic pursuit and the giving of instructions or lessons, for compensation,
in such skills; and also the performance of custom work of a domestic nature, such as
dressmaking, millinery, and clothes washing provided that equipment utilized is such as is
customarily incidental to residential occupancy. This has been interpreted to also allow
home offices in which there are no employees who are not also residents, there are no
customers visiting the office, and there is no exterior evidence of the office (signage,
frequent UPS truck visits, etc.).
The second type of permitted home occupation requires a Special Permit from the Board of
Appeals. The Board may grant a Special Permit for the home occupation of a physician,
dentist or other professional person, residing in the dwelling, provided that there is no
exterior evidence of the occupation and each employee is also a resident in the dwelling.
Patients or clients may visit the dwelling.
Several references have been made to the Board of Appeals. Who comprises this Board?
The Board of Appeals consists of five members appointed by the Selectmen for five year
terms. The Selectmen also appoint six associate members. For more specific information see
the Lexington Zoning By-Law. Public hearings are held by the Board of Appeals for
variances, special permits, and appeals. The Board of Appeals holds public hearings
approximately twice a month. These hearings are held in the Selectmen's Meeting Room. At
the hearing, any party, whether entitled to notice thereof or not, may appear in person or
be represented by agent or attorney. All "parties in interest" i. e. petitioners
and abutters within 300 feet of the lot line, will be notified by mail of the time and
place of the hearing.
What if I want to build closer to my lot line than permitted?
In that case a variance is required. The procedures which must be followed are as
follows.
The Lexington Zoning By-Law states that "A petition for a variance must demonstrate
in what manner with respect to particular land or structures or to an existing building
thereon a variance from the terms of this By-Law where, owing to circumstances relating to
the soil conditions, shape or topography of such land or structures and owing to
conditions especially affecting such parcel or such building but not affecting generally
the zoning district in which it is located, a literal enforcement of the provisions of
this By-Law would involve substantial hardship, financial or otherwise, to the appellant,
and where desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of this
By-Law, but not otherwise."
In other words, there must be a condition relating to the soil conditions, shape of the
lot or the slope of a lot which preclude the erection or construction of a structure in
compliance with the zoning by-law.
If approved, when can I apply for a building permit?
Applications for building permits may be accepted only after the expiration of the
appeal period, and proof that the variance has been filed with the Registry of Deeds is
submitted.
In certain instances (as specified in the Lexington Zoning By-Law) the Board of Appeals
may grant a special permit. For example, a special permit is necessary to add a second
floor to a nonconforming house (i. e. a house which is closer to the lot line than
currently allowed).
In the case of a special permit, it is not necessary for the applicant to demonstrate any
"hardships" as is the case of a variance. Rather, it is necessary for the Board
to make a positive determination that "the proposed use, building, structure, sign,
off-street parking or loading, modification of dimensional standards, screening or
landscaping, or other activity, complies with such criteria or standards as may be set
forth in the section of this By-Law which refers to the granting of the requested special
permit."
If approved, when can I apply for a building permit?
Applications for building permits may be accepted only after the expiration of the
Appeal period, and proof that the special permit has been filed with the Registry of Deeds
is submitted.
If my building permit is denied because of a zoning violation, do I have any recourse?
Yes. You can either revise the plans so that the violation no longer exists or you can seek a variance as outlined above. Your other option is to appeal the decision of the building inspector, if you believe that the decision is incorrect. The Board of Appeals shall hear and decide Appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A, General Laws, by the regional planning agency in whose areas the Town is situated or by any person including an officer or board of the Town, or of any abutting city or town aggrieved by an order or decision of the Building Commissioner, or other administrative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law. Such Appeal shall be taken within thirty days from the date of the order or decision being appealed, by filing three copies of a notice of appeal, specifying the grounds therefor, with the Town Clerk. The Town Clerk shall forthwith transmit said copies to the officer or board whose decision is being appealed, and to the Board of Appeals. The Board of Appeals shall hold a hearing on any appeal within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within 75 days of the filing.
Enforcement of the Zoning By-Law
Who enforces the zoning by-law and who interprets its requirements?
The Zoning Officer is responsible for the enforcement, administration and
interpretation of the Lexington Zoning By-Law. If the Zoning Officer is informed or has
reason to believe that any provision of this By-Law is being violated, he/she shall make
or cause to be made an investigation of the facts and inspect the property where such
violation may exist. If upon such investigation and inspection he/she finds evidence of
such violation, he/she shall give notice thereof in writing to the owner and occupant of
said premises and demand that such violation be abated within such time as the Zoning
Officer deems reasonable. Such notice and demand may be given by mail, addressed to the
owner at his address as it then appears on the records of the Board of Assessors and to
the occupant at the address of the premises.
If after such notice and demand the violation has not been abated within the time
specified therein, the Zoning Officer shall institute appropriate action or proceedings in
the name of the Town of Lexington to prevent, correct, restrain or abate such violation of
the By-Law.
If the Zoning Officer is requested in writing to enforce this By-Law against any person
allegedly in violation of the same, he/she shall notify in writing the party requesting
such enforcement of any action or refusal to act, and the reasons therefor, within
fourteen days of receipt of such request.
What are the penalties for violating the zoning by-law?
Anyone who violates a provision of the Zoning By-Law, or of any condition of a
Variance, a Special Permit or a Special Permit with site plan review, shall be punishable
by a fine of not more than one hundred dollars ($100) for each offense, except that the
penalty for the removal of earth materials in violation of the By-Law shall be provided
for in the General By-Laws of the Town of Lexington. Each day during which any portion of
a violation continues under the provisions of Section 3.1 shall constitute a separate
offense.
What if I believe that my neighbor is violating the zoning by-law?
Simply call the Office of Community Development and we can tell you if a violation exists. If you wish to file a formal complaint for enforcement action, the complaint must be in writing. You will be informed of any action taken on your written complaint.