HomeMy WebLinkAbout2004 ATM-ARTICLE 41-AMEND ZONING BYLAW-SECTIONS 9.3 PRE-EXISTING AND 2 FAMILY NON CONFORMING-CV OF NORTH qti
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9556
E-mail iradshaw(dtownofnorthandover.com
This is to certify that the following vote on Article 41 was taken at the Dissolved
Annual Town Meeting for the Town of North Andover held May 10, 2004, May 11, 2004
and May 17, 2004:
Article 41. Amend Zoning Bylaw Section 9.3 Pre-Existing Non-conforming Single
and Two Family Residential Structures and Uses in the Residential 1, Residential 2,
Residential 3, Residential 4 and Residential 6 Districts (NON-CONFORMING
USES). VOTED to amend Section 9.3 of the North Andover Zoning Bylaw by
changing the phrase "pre-existing non-conforming single and two family residential
structures" to "pre-existing non-conforming single family residential structures" in titles
and text in five (5) places, thus eliminating pre-existing non-conforming two family
residential structures from the provisions of this section.
Amended Section 9.3 to read as follows: Existing Non-conforming Single Family
Residential Structures and Uses in the Residential 1, Residential 2, Residential 3,
Residential 4 and Residential 6 Districts:
a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-
conforming single family residential structures in the R1, R2, R3, R4 and R6
Districts, may be changed, extended or altered, provided that there is a finding by
the Zoning Enforcement Officer (Building Commissioner) that such change,
extension, or alteration shall not render the structure more non-conforming than
the existing structure. Upon such determination, a building permit may be issued
where applicable. The following circumstances shall be deemed not to increase
the nonconforming nature of said structure:
1.Alteration of a structure which complies with all current yard setbacks,
building coverage, and building height requirements but is located on a lot
with insufficient area, where the structure after alteration will comply with
all of current Bylaw requirements except for lot area.
2.Alteration to a structure which complies will all current yard setbacks,
building coverage, and building height requirements but is located on a lot
with insufficient frontage, where the structure after alteration will comply
with all of current Bylaw requirements except for frontage.
3.Alteration to a structure which encroaches upon one or more required yard
setbacks, where the structure after alteration will comply with all current
bylaw requirements except for yard setbacks (the provisions of this clause
shall apply regardless of whether the lot complies with current area and
frontage requirements).
4.Alteration of a structure which encroaches upon one or more required yard
setbacks, where the altered part of the structure will comply with all
current yard setbacks, or the alteration is to the side or face of the structure
which encroaches upon a required yard setback, and the alteration does not
further encroach upon the required yard setback. In either case, the altered
structure must comply with current building coverage and building height
requirements (the provisions of this clause shall apply regardless of
whether the lot complies with current area and frontage requirements).
5.Alteration to a nonconforming structure which will not increase the footprint
of the existing structure provided that existing height restrictions shall not
be exceeded.
In the event that the Zoning Enforcement Officer (Building Commissioner)
determines that the nonconforming nature of such structure would be increased by
the proposed extension, alteration, or change, the Zoning Board of Appeals may,
by special permit, allow such extension, alteration, or change where it determines
that the proposed modification will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood.
b. Pre-existing Nonconforming Single Family Structures: No portion of
this Section 9.3, Pre-Existing Non-Conforming Single Family Structures and Uses
in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6
Zoning Districts shall be construed to allow for any uses other than those
expressly allowed as defined in each above listed zoning district of the Zoning
Bylaw.
VOTED MAY 17, 2004 YES 126 NO 12