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HomeMy WebLinkAbout2010 ATM-AG-FORM 2-1-ARTICLE 33-ZONING BYLAW SECTION 7.3-SETBACKS OF NORT1l q `At�EO e ti0 p 04Are•W°"yq9 9SSACHUSEt 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)688-9557 E-mail Bradshaw(dtownofnorthandover.com This is to certify that the following is the existing Section 7-Dimensional Requirements of the Zoning Bylaw of the Town of North Andover in existence on May 11, 2010 and being amended by Article 33 of the 2010 Annual Town Meeting: SECTION 7 DIMENSIONAL REQUIREMENTS 7.1 Lot Area Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary of Dimensional Requirements, which is hereby made part of this Bylaw. 7.1.1 Contiguous Buildable Area(CBA) As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. 7.1.2 Lot Width For any lot created after May 1, 1995, the minimum width of the lot shall be a distance of one hundred (100) feet between the street frontage and the front building line The width shall be measured in a line parallel to the street. This requirement shall apply in all zones except Residence 4 (R4) and Village Residential (VR); for zone R4, said minimum width of the lot shall be a distance of(eighty) 80 feet and for zone VR, said minimum width of the lot shall be a distance of(eighty) 80 feet. 7.1.3 Restrictions 1. When a fifty (50) foot straight line is drawn to divide a lot in two, and the perimeter of the smaller piece is greater than two hundred (200) feet, then such smaller piece shall not be included in the calculations when determining: lot area contiguous buildable area (CBA), or street frontage as required by the Summary of Dimensional Requirements (Table 2) of this bylaw. This restriction applies only to lots created after May 1, 1995. 2. Any lot created after May 1, 1995 shall have a lot depth of thirty (30) feet or more for at least eighty (80) percent of the minimum length of its frontage as required by the Summary of Dimensional Requirements (Table 2) of this bylaw. The lot depth shall be measured as a line drawn perpendicular to the street. 3. No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this Bylaw except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 7.2 Street Frontage Minimum street frontage shall be as set forth in Summary of Dimensional Requirements (Table 2) and the lot line meeting these requirements shall constitute the "street frontage" for the lot. In no case shall actual street frontage at the street line be less than seventy five (75) feet; except as allowed by Section 7.2.2. Corner lots shall be required to have the required frontage only on one street. In determining the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy five (75) feet in length connecting other lines bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed as if such potentially intersecting lines were so extended; but if a curved line more than seventy five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. 7.2.1.Access across street frontage Access to each lot, except for corner lots, must be provided across the street frontage. If access to a lot is not across the street frontage as of the date of the adoption of this Section 7.2.1, the lot will not be considered nonconforming as to use or as to an existing structure on that lot. (1994/39) Exceptions to this requirement may be granted by the issuance of a Special Permit from the Planning Board. A street frontage access Special permit may be granted for a lot in any residential district provided that: a) The specific site is an appropriate location for access to the lot given the current and projected traffic on the roadway, and the site distance to adjacent driveways and roadways, and/or b) Special environmental conditions exit such as wetlands and/or steep slopes such that access across the street frontage would require wetland filling or extreme cutting and/or filling of slopes or would be otherwise detrimental to the environment, c) The access will not adversely affect the neighborhood; d) There will be no nuisance or serious hazard to vehicles or pedestrians; e) The access is in harmony with the general purpose and intent of this Bylaw. 7.2.2 Frontage exception Exceptions for meeting the frontage and lot width requirements required by sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The permit granting authority shall be the Planning Board. A street frontage and lot width exception Special Permit may be granted for a lot in any residential district provided that: a) The area of the lot exceeds by three (3) times the minimum lot area required for that district; b) The lot has a minimum continuous street frontage of not less that fifty (50) feet and a width of not less than (50) feet at any point between the street and the site of the dwelling; c) There is not more than one other such lot with frontage contiguous to it: and d)It is so located as not to block the possible future extension of a dead end street. e) The creation of the frontage exception lot will not adversely affect the neighborhood; f) The creation of the frontage exception lot is in harmony with the general purpose and intent of this Bylaw; g) No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7.1 (1985/16) 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District, where the setback from the side street shall be twenty (20) feet minimum. 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten(10) acres. 2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. 3. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. 4. And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty five (65) feet from the ground. 5. Nor of a manufacturing building a height of eighty five (85) feet from the ground. 7.5 Lot Coverage Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 7.6 Floor Area Ratio Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located. 7.7 Dwelling Unit Density Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2 7.8 Exceptions 1. The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. 2. In Residence 4 (R4) Districts only, two or more vacant lots, mutually adjoining, may with a Special Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than 10,000 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single family dwelling on each such 10,000 square foot lot. 3. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch 40A. 4. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch 40A. (Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting, Article 41)