HomeMy WebLinkAbout1972 Complete Zoning Bylaw 1�r
Zon jn.g
gy
Town of
North Andover, Massachusetts
1972
< t• APRa7rM
�: 1855 %'� •
} gcHuS �{d
PLANNING BOARD
CHARLES W. TROMBLY, JR., Esq., Chairman
DONALD N: KEIRSTEAD, Vice Chairman
FRITZ OSTHERR, Clerk
WILLIAM CHEPULIS
JOHN J. MONTEIRO
NORTH ANDOITER ZONING BY—LAF7 — 1972
CONTENTS
Page
Section 1 PURPOSES 1
Section 2 DEFINITIONS 2
Section 3 ZONING DISTRICTS AND BOUNDARIES 8
3.1 Establishment of Districts
3.2 Zoning Map
3.3 District Boundaries
Section 4 BUILDINGS AND USES PERMITTED 9
4.1 District Use Regulations
4.2 Accessory Uses
4.3 Access to Buildings
Table 1: Summary of Use Regulations 26
Section 5 EARTH MATERIALS REMOVAL 27
Section 6 DIMENSIONAL REQUIREMENTS 29
6.1 Lot Areas
r.. 6.2 Street Frontage.
6*.3 Yards (setbacks
• 6.4 Building Heights
6.5 Lot Coverage
6.6 Floor Area Ratio
6.7 Dwelling Unit Density
6.8 Exceptions
Table 2: Summary of Dimensional
Requirements 32
Section 7 SUPPLEMENTARY REGULATIONS 33
7.1 Off—Street Parking
7.2 Automobile Service Stations and
Other Automotive Services
Section S NON—CONFORMING USES 37
8.1 Continuance
8.2 Alteration or Extension
8.3 Rebuilding After Catastrophe
8.4 Abandonment
Page
Section 9 ADMINISTRATION 38
9.1 Enforcement
9.11 Building Permit
9.12 Penalty for Violation
9.2 Board of Appeals
9.3 Special Permit
9.4 Temporary Permit
9.5 Variance from Zoning By—Law
9.6 Amendments to Zoning By—Law
9.7 Conflict of Laws
9.8 Validity
MAP ZONING MAP
Town of North Andover Zoning By—Law adopted at the Special Town Meeting
of June 59 1972 (Articles 11—A and 11-B). Approved by the Attorney
General on August 29 19720 posted August 4, 1972.
Section 1 PURPOSES
The purpose of this By-Law is the promotion of, the health,
safety, convenience, morals and welfare of the inhabitants
of the town of North Andover, as provided by Chapter 40A
of the General Laws of the Commonwealth 'of Massachusetts ,
by regulating and restricting the use of land and buildings
thereby:
1. encouraging the most appropriate use of land,
2. preventing overcrowding of land,
3. conserving the value of land and buildings ,
4. lessening congestion of traffic,
S. preventing undue concentration of population,
6. providing adequate light and air,
7. reducing the hazards from fire and other danger,
8 . assisting in the economical provision of transportation,
water, sewerage, schools , parks and other public facili-
ties, and
9. preserving and increasing the amenities of the town.
-1-
Section 2 DEFINITIONS
i 2. 1 GENERAL
For the purpose of this By-law, certain words or phrases
herein shall be interpreted as follows , except where the
context clearly indicates the contrary: words used in
the singular include the plural, words used in the present
tense include the future tense, the word "person" includes
a corporation as well as an individual, the word "lot" in-
cludes the word "plot" or "parcel" , the word "shall" is
always mandatory, and the word "used" or "occupied" as
applied to any land or building shall be construed to in-
clude the words "intended, arranged or designed to be used
or occupied" .
2.2 SPECIFIC WORDS AND PHRASES
For the purposes of this By-law, the following words and
terms used herein shall have the meanings or limitations
of meaning hereby defined, explained or assigned.
2. 21 Accessory Use or Structure
A use or structure subordinate to the principal use
of a building on the same lot and serving a purpose
customarily incidental to the use of the principal
building.
2.22 Automobile Repair Shop
A uilding or part of a building in which major re-
pairs are made to motor vehicles , in which heavy
machinery is used.
2.23 Automobile Service Station
A building or place of business where gasoline,
oil and greases , batteries, tires, and automobile
accessories are supplied and dispensed directly to
the motor vehicle trade, at retail, and where minor
repair service is rendered.
2.24 Body Shop
A building, or part thereof, used for structural re-
pairs and refinishing of motor vehicles for remuneration.
2.25 Board of Appeals
The Board of Appeals of the Town of North Andover as governed
by the General Laws of Massachusetts.
2.26 Building
A structure having a roof supported by columns or walls
for the shelter, support, or enclosure of persons,
animals or property.
-2-
(Section 2 continued)
2 .27 Building Height
The vertical distance measured from the mean level
of the proposed finished grade at the front of the
building to the highest point of the roof, but not
including chimneys and spires .
2.28 Building, Principal
A building in which is conducted the main or prin-
cipal use of the lot on which said building is sit-
uated.
2. 29 Car Wash
An area of land and/or a structure with machine or
hand operated facilities used principally for the
cleaning, washing, polishing ' or waxing of motor
vehicles.
2. 30 District
A district or a zone shall be any portion of the
territory of the Town of North Andover within which
certain uniform regulations and requirements or var-
ious combinations thereof shall be applied under
the provisions of this By-law.
2. 31 Dwelling
Any building or portion thereof designed or used
as the residence or sleeping place of one
or more persons , except a mobile home and as otherwise
provided herein.
2. 32 Dwelling, Multi-family
A building used or designed as a residence for three
or more families living independently of each other and
doing their own cooking therein (same as "apartment") .
2. 33 Dwelling, One-Family
A dwelling built singly and apart from any other building
and intended and designed to be occupied and used ex-
clusively for residential purposes by one family.
2. 34 Dwelling, Two-Family
A free standing building intended and designed to be .
occupied and used exclusively for residential purposes
by each of not more than two families (same as "duplex") .
2. 35 Dwelling Unit
One or more rooms , including cooking facilities , and
sanitary facilities in a dwelling structure, designed
as a unit for occupancy by not more than one family for
living and sleeping purposes.
-3-
J
(Section 2 continued)
2. 36 Erected
The word "erected" shall include the words "built, "
"constructed," "reconstructed, " "altered," "enlarged, "
and "moved. "
2. 37 Family
One or more persons occupying the same premises and
living as a single housekeeping unit as distinguished
from a group occupying a boarding house, lodging house,
club, fraternity or hotel.
2. 38 Frontage
The distance between lot sidelines measured along the
street line.
2.39 Guest House
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation. The
term "guest house" shall be deemed to include tourist
home, but not hotel, motel or multi-family dwelling.
2. 40 Home Occupation
An accessory use conducted in a dwelling by the residents
thereof which is clearly secondary to the use of the
building for living purposes.
2.41 Hotel or Motel
A building designed for occupancy as the temporary
residence of individuals who are lodged with or without
meals and in which no provision is made for cooking
in any individual room or suite.
2.42 Loading Bay
An opening in a building not less than ten feet in
width and 9 feet in height including a platform for
loading and unloading goods , merchandise or other mater-
ials.
2. 43 Lot
An area of land in one ownership with definite boundaries
ascertainable by recorded deed• or. plan.
2.44 Lot, Corner
A lot abutting upon two (2) or more streets at their
intersection.
2.45 Lot Lines
The property lines bounding the lot.
2.46 Lot Line, Front
The line separating the lot from a street.
-4-
(Section 2 continued)
2. 47 Lot Line, Rear
The lot line opposite and most distant from the front
lot line.
2. 48 Lot Line, Side
Any lot line other than a front or rear lot line.
2. 49 Lot Line., Street
A lot line separating the lot from a street or alley
(usually the front lot line) .
2 .50 Medical Center
A -building or group of buildings designed for the
individual or group practice of medicine or dentistry,
but not including hospitals or nursing homes.
2 .51 Nonconforming Use
A -building, structure or use legally existing and/or
used at the time of adoption of this By-law, or any
amendment thereto, and which does not conform with
the use regulations of the district in which located.
2. 52 Office, Business
A primary use consisting of office activities of any
type including business and financial office activities
(including banks and financial institutions) and pro-
fessional office activities.
2.53 Office, Professional
A primary use consisting• of office activities by a
doctor, dentist, architect, lawyer, engineer or other pro-
fessional person or persons.
2.54 Parking Area,Private
An open area for the same uses as a private parking
garage.
2. 55 Parking Garage, Private
A structure used for the parking of automobiles and
available to employees, clients or customers whether
for a fee or free.
2 . 56 Parking Garage, Public
Any parking garage, other than a private parking
garage, which is open to the public and used for
the storage of motor vehicles .
2. 57 Personal Service Establishment
An establishment providing personal services to the
public such as shoe repair, barbering, dry cleaning, etc.
2 . 58 Place of Worship
A church, temple, synagogue, mosque, or other similar
place of worship, including parish house, rectory or
convent.
-5-
(Section 2 continued)
2. 59 Planning Board
The Planning Board of the Town of North Andover as governed
by the General Laws of Massachusetts.
2. 60 Public Building or Use
A building or use owned or operated by a local,
county, state or federal governmental agency.
2. 61 Rooming House
Any building or portion thereof containing more than
two and less than ten rooms without kitchen facili-
ties that are used, rented or hired out to be occu-
pied or that are occupied for sleeping purposes
for compensation, whether the compensation be paid
directly or indirectly.
2. 62 Special Permit
The words Special Permit where used in this By-law
shall mean special permit granted as an exception
under Section 4 of Chapter 40A of the General Laws.
2. 63 Special Permit Use
A use of a building or lot or an action upon pre-
mises which may be permitted under this By-law only
upon application to the Board of Appeals for a
Special Permit and subject to the approval of the
Board of Appeals and the conditions stipulated.
2. 64 Street
A public way, or a private way open to travel by
the general public, or a way shown on a plan of
a subdivision theretofore duly approved by the
Planning Board.
2. 65 Structure
Means a combination of materials to form a construction
that is safe and stable; including, among others,
buildings, stadiums, tents, reviewing stands, plat-
forms , staging, observation towers, radio towers,
water tanks , towers , private and public swimming pools,
trestle's , piers and wharves , sheds , shelters, fences
and walls , and display signs; the term structure shall
be construed as if followed by the words "or part
thereof" .
2. 66 Town House
An attached house in a row of three or more such houses
capable of being sold as an independent dwelling
with its own lot, as provided by this By-law.
-6-
(Section 2 continued)
2.67 Yard (setback)
An open space which lies between the principal building
or group of buildings and a lot line.
2. 68 Yard, Front
An open space extending across the entire width of
a lot between any building thereon and
the street lot line of the lot on which such building
stands.
2.69 Yard, Rear
An open space extending across the entire width of
a lot between the rear of any building thereon and
the rear lot line of the lot on which such building
stands .
2. 70_ Yard, Side
An open space between the side line of a lot and the
adjacent side of any building thereon, such open
space being understood to cover the entire extent
between the front yard and the rear yard on such a
lot.
_7®
Section 3 ZONING DISTRICTS AND BOUNDARIES
3.1 ESTABLISHMENT OF DISTRICTS
The town of North Andover is hereby divided into zoning; districts designated
as follows:
Residence 1 District
Residence.2 District
Residence 3 District
Residence 4 District
Residence 5 District
Business 1 District
Business 2 District
Business 3 District
Business 4 District
General Business District
Industrial I District
Industrial 2 District
Industrial "S" District
3.2 ZONING MAP
The zoning districts established by this By—I,aw are bounded as shown on a map
entitled "Zoning Map of the Town of North Andover", dated May 12, 19721 as
the same may be adopted by the Town, and as it may hereafter be amended. Said
map accompanies and is hereby made a part of this By—Law. Any land area not
designated upon said map as being within another zoning district shall be with—
in the "Residence 2 District."
3.3 DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of any of the aforesaid districts
as shown on the Zoning Map, the Building Inspector shall determine the .location
of such boundaries. In reaching any such determination, the Building Inspector
may properly rely upon the accuracy of the land—area descriptions appearing in
the Zoning By—Law adopted by the Town in 1956, and as thereafter amended., insofar
as any of them may be pertinent thereto.
—8—
Section 4. BUILDINGS AND USES PERMITTED
4.1 DISTRICT USE REGULATIONS
4.1.1 General Provisions
(1) In the zoning districts above specified, the following designated
buildings and alterations and extensions thereof and buildings
accessory thereto and the following designated uses of land,
buildings, or parts thereof and uses accessory thereto are per-
mitted. All other buildings and uses are hereby expressly pro-
hibited,
(2) When a lot in one ownership is situated in part in the Town of
North Andover and in part in an adjacent town or city, the
provisions, regulations and restrictions of this By-Law shall
be applied to that portion of such lot as lies in the Town of
North Andover in the same manner as if the entire lot were
situated therein.
(3) When a zoning district boundary divides a lot of record on
June 59 1972 in one ownership, all the zoning regulations set
forth in this Zoning By-Law applying to the greater part by area
of such lot so divided may by Special Permit be deemed to apply
and govern at and beyond such zoning district boundary but only
to an extent not more than one hundred (100) linear feet in depth
(at a right angle to such boundary) into the lesser part by area of
such lot so divided.
4..12 Permitted Uses
4.121 Residence 1 District,
Residence. 2 District and
Residence 3 District
(1) One family dwelling but not to exceed one dwelling on any one lot.
(2) Place of worship.
(3) Rooming house, renting rooms for dwelling purposes or furnishing
table board to not more than four persons not members of the
family resident in- a dwelling so used, provided there be no
display or advertising on such dwelling or its lot other than
a name plate or sign not to exceed' six (6) inches by twenty-
four (24.) inches in size, and further provided that no dwelling
shall be erected or altered primarily for such use.
-9-
(4) Home occupations provided there be no display and no exterior
advertising except an announcement sign not to exceed six (6)
inches by twenty-four (24) inches and provided that in any
dwelling, such home occupations shall be carried on by not
more than five persons of whom at least one shall reside in
such dwelling.
(5) Real estate signs not to exceed twenty-four (24) inches by
thirty-six (36) inches in size which shall advertise only the
rental, lease or sale of the premises upon which they are placed.
(6) a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and green houses. •
b) On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or assortment of
animals or birds in addition to the household pets of a family
living on such lot, and for each additional acre of lot size to
nine (9) acres the keeping of one additional animal or bird;
but not the keeping of any animals, birds, or pets of persons
not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any
number of animals or birds regardless of ownership and the
operation of equestrian riding academies, stables, stud farms,
and poultry batteries.
d) The sale of products raised as a result of the above uses
on the subject land.
(7) Swimming pools in excess of two feet depth shall be considered
a structure and permitted provided such pools are enclosed by a
suitable wall or fence at least four feet in height to be deter-
mined by the Building Inspector to prevent the entrance of per-
sons other than those residing at the pool location and further
provided that such poolSare located to the rear of the front
building line of the house and no closer to a side or rear lot
line than ten (10) feet.
(8) Museums.
(9) Educational facilities.
(10) Public building and public service corporations (Special Permit
required), but not including public works garages.
(11) Golf course.
(12) Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(13) Cemetery.
-10-
(14) Nursing and Convalescent home — see dimensional requirements
of Table 2 — (Special Permit required.)
(15) Any accessory use. customarily incident to any of the above
permitted uses, provided that such accessory use shall be not
injuriousg noxiousq or offensive to the neighborhood.
4.122 Residence-4 District
�(1) One—family dwelling.
(2) Place of worship.
(3) Renting rooms for dwelling purposes or furnishing table board
to not more than four persons not members of the family resident
in a dwelling so usedg provided there be no display or adver—
tising on such dwelling or its lot other than a name plate or
sign not to exceed six (6) inches by twenty—four (24) inches in
size, and further provided that no dwelling shall be erected or
altered primarily for such use.
(4) Home occupations provided there be no display and no exterior
advertising except an announcement sign not to exceed six (6)
inches by twenty-four (24) inches and provided that in any
dwell.ingg such home occupations shall be carried on by not more
than five persons of whom at least one shall reside in such
dwelling.
(5) Real estate signs not to exceed twenty=four (24) inches by
thirty-six (36) inches in size which shall advertise only the
rental, lease or sale of the premises upon which they are placed.
(6) a) Farming of field crops and row crops, truck gardensy orchards9
plant nurseries, and green houses.
b) On any lot of at least three (3) acres, the keeping of a total
of not more than three (3) of any kind or assortment of animals or
birds in addition to the household pets of a family living on such
lot, and for each additional acre of lot size 'to nine (9) acres
the keeping of one additional animal. or bird; but not the keeping
of any animalst birdsg or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any
number of animals or birds regardless of ownership and the operation
of equestrian riding academies, stablesp stud farmsp dairy farmsl
and poultry batteries.
d) The sale of products raised as a result of the above uses on
the subject land.
' —11—
(7) Swimming pools in excess of two feet depth shall be considered a
structure and permitted provided such pools are enclosed by a
suitable Wall or fence at least four feet in- height to be deter-
mined by the Building Inspector to prevent the entrance of persons
other than those residing at the pool location and further provided
that such pools are located to•the rear of the front building line
of the house and no closer to a side or rear lot line than ten (10)
feet.
(8) Museums.
(9) Educational facilities.
(10) Public building and public service corporation use, (Special Permit
required), but not including public works garages.
(11) Golf course.
(12) Swimming and/or tennis clubs shall be permitted with a Special Permit.
(13) Cemetery.
( Y- Iex o "*Wbi ly dwellings including the right to convert .any
building to accommodate more than two dwelling units by Special Permit
from the Board of Appeals subject to the following regulations;
A. Definitionst The conversion regulations shall apply to any
building or buildings under the ownership of one single person,
partnership or corporation converted for use as a residence
building for three or more families, living independently of
each other in apartments meeting requirements of the State
Statutes and Health and Building codes. As used in this ordinance
the word "room" shall not include bathrooms.
B. Application: Applications for permits to convert shall be made on
a form to be prescribed by the Board of Appeals. Said application
shall be made to the Zoning Board of Appeals.
The application shall contain:
1. The owner's name.
2. The owner's address.
3. The names of the adjoining boundary owners of the subject
premises.
4. A legal description of the premises.
5. The number of units, the type and room composition of those
applied for.
b. Number of rooms proposed for each unit.
7. Plot plan showing location of proposed buildings, driveways
and parking areas, existing domestic sewers, city water and
proposed storm water disposal, certified by a registered
land surveyor or professional engineer as to the number of
square feet contained therein.
-12-
S. * Description of the real property interest the applicant holds
in the premises.
9. Description of construction materials proposed to be used.
10. Such other information as the Zoning Board of Appeals may
require for the protection of public health and safety.
11. A detailed architect's plan showing proposed changes with
specifications.
C. Conditions precedent to arantina of permit: No special permit shall
be issued unless the following requirements have been met:
1. Land Ar ea: The minimum land area required per converted dwelling
unit shall be:
a. Efficiency or studio apartments...............1,500 square feet
per unit
b. Apartments of not more than one bedroom.....2,000 square feet
per unit
c. Apartments of not more than two bedrooms....39000 square feet
per unit
d. Apartments of three or more bedrooms....o...49 5O0 square feet
per unit
Notwithstanding the foregoing, the permitted minimum lot area
per structure so converted shall be not less than twelve thousand
five hundred (12,500) square feet,. and the street frontage width
of such lot shall be not less than .one hundred (100) feet; un-
less otherwise allowed by the Board of Appeals.
2. Par : Off-street parking shall be provided and located be-
hind the front line of the converted building not nearer than
twenty.feet to any property line other than a street line
according to the following minimum standards:
a. One and one-half (1-J) parking spaces per unit up to fifty
units. Two parking spaces per unit for each unit in excess
of fifty units provided that if more than fifty units are
planned there shall be an additional .number of parking
.spaces over and above the required two spaces per unit equal
to fifteen (15) per cent of the total number of apartment
units.
b. All main access and egress roadways within the development
shall be thirty feet wide with no parking adjoins the
roadways. No main roadway shall be less than twenty feet.
c. A parking space shall be not less than 10 feet by 20 feet.
d. In parallel parking areas there shall be twenty feet of
driveway and back-up space between each parallel line.
-13-
Construction: No major exterior structural changes shall be
made excep such as may be required by all applicable building
codes or by Massachusetts General Laws.
4. Des ism:
a. No room in any apartment shall be less than 100 square feet
in area.' Over-all area of units must not be less than:
Efficiency............................ 450 square feet
One bedroom........................... 600 square feet
Two bedroom........................... 750 square feet
Three bedroom..........................1,000 square feet
For each bedroom in addition to three there shall be an
additional 200 square feet per apartment.
b. For conversions to multi-family dwelling where the units
exceed 12, there shall be provided outdoor recreation areas
with recreational facilities. The minimum size of said
recreation areas shall be 19000 square feet per unit up to
40 units and 400 square feet for each unit over 401, unless
otherwise allowed by the Board of Appeals. Specifically
exempted from this provision are one bedroom unit Housing
for Elderly.
c. All parking areas shall be suitably paved with bituminous
or concrete materials with bermed curbing. Individual
parking spaces shall be separated by stripes. Pre-cast or
steel bumper stops shall be placed at each designated parking
space.
d. Over-all site preparation shall be under the direction of a
qualified registered professional engineer.
e. In any conversion, all areas not built upon shall be suitably
landscaped so as to enhance the aesthetic appeal of the pro-
ject.
f. Each apartment unit shall be provided with a storage com-
partment of not less than 10% of the floor area of each
apartment.
g. Stairways leading to the second or any high floor shall be
enclosed.
5. Sewers: For conversions domestic sanitary sewers of the town
must be available for connection to the converted building.
6. Water: Public water supply must be available for connection to
the converted building.
There shall be within the development a suitable number of fire
hydrants to satisfy the requirements of the Fire Chief but in
no event more than one for each 20 units shall be required.
('15) Town Houses.
(16) Guest or rooming houses.
(17) Nursing and convalescent homes (Special Permit required) .
See dimensional requirements of Table 2.
(18) Any accessory use customarily incident to any of the above per-
mitted uses, provided that such accessory use shall be not in-
jurious, noxious, or offensive to the neighborhood.
4.123 Residence 5 District
(1) One-family dwelling.
(2) Place of worship.
(3) Renting rooms for dwelling purposes or furnishing table board to
not more than four persons not members of the family resident in
a dwelling so used, provided there be no display or advertising
on such dwelling or its lot other than a name plate or sign not
to exceed six (6) inches by twenty-four (24) inches in size, and
further provided that no dwelling shall be erected or altered
primarily for such use.
(4) Home occupations provided there be no display and no exterior ad-
vertising except an announcement sign not to exceed six (6) inches
by twenty-four (24) inches and provided that in any dwelling, such
home occupations shall be carried on by not more than five persons
of whom at least one shall reside in such dwelling.
(5) Real estate signs not to exceed twenty-four '(24) inches by thirty-
six (36) inches in size which shall advertise only the rental,
lease or sale of the premises upon which they are placed.
(6) a) Farming of field crops and row crops, truck gardens; orchards,
plant nurseries, and green houses.
b) On any lot of at least three (3) acres, the keeping of a total
of not more than three (3) of any kind or assortment of animals or
birds in addition to the household pets of a family living on such
lot, and for each additional acre of lot size to nine (9) on
the keeping of one additional animal or bird; but not the keeping
of any animals, birds, or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any number
of animals or birds regardless of ownership and the operation of
equestrian riding academies, stables, stud farms, dairy farms, and
poultry batteries.
d) ' The sale of products raised as a result of the above uses on
the subject land.
-15-
(7) swimming pools in excess of two feet depth shall be considered a
structure and permitted provided such pools are enclosed by a
suitable wall or'fence at least four feet. in height to be deter-
mined by the Building Inspector to prevent the entrance of persons
other than those residing at the pool location and further provided
that such pools are located to the rear of the front building line
of the house and no closer to a side or rear lot line than ten feet.
(S) Museums.
(9) Educational facilities.
(10) Public building or use and public service corporations (Special
Permit required), but not including public works garages.
(31) Golf course.
(12) Swimming and/or tennis clubs shall be permitted with a Special Permit.
(13) Cemetery.
(14) Town houses.
(15) Guest or rooming houses.
(16) Nursing and convalescent homes (Special Permit required). See
dimensional requirements of Table 2.
(17) Multi—family dwellings.
(18) Professional offices on the ground floor of multi—family dwelling
structures. (Floor area utilized for offices shall reduce the
total floor space ordinarily permitted for residential use on a
proportional basis. Each 19000 square feet or part thereof of
such floor space shall reduce the permitted number of dwelling
units by one.)
(20) Hotel or motel (Special Permit required).
(21) Parking, indoor storage and other accessory uses associated with
the above uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
4.124 Business 1 District
(1) Retail establishments.
(2) Personal service establishments.
. (3) Professional offices, banks, real estate offices and insurance
offices.
(4) Eating or drinking uses may be permitted only as a secondary use
within a permitted primary use.
—16— '
(5) Place of worship.
(6) Nonprofit school.
(7) Public building or use and public service corporation.
(S) Art gallery.
(9) Residential use.
(10) a) Farming of field crops and row- crops, truck gardens, orchards,
plant nurseries, and greenhouses.
b) On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or assortment of
animals or birds in addition to the household pets of a family
living on such lot, and for each additional acre of lot size to
nine (9) acres the keeping of one additional animal or bird; but
not the keeping of any animals, birds, or pets of persons not
resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any
number of animals or birds regardless of ownership and the operation
of equestrian riding academies, stables, stud farms, dairy farms,
and. poultry batteries.
d) The sale of products raised as a result of the above uses on
the subject land.
(11) Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(12) Parking, indoor storage and other accessory uses customarily
`'associated with the above uses, provided that such accessory use
shall not be injurious, noxious or offensive to the neighborhood.
4.125 Business 2 District
(1) Retail establishments.
(2) Personal service establishments.
(3) Professional offices, banks, real estate offices and insurance
offices.
(4) Business and other offices.
(5) Public building or use and public service corporation.
(6) Art gallery.
—17—
(7) Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(8) Place of worship.
(9) Eating and drinking establishments.
(10) Nonprofit school or private school for profit or museum.
(11) Indoor place of amusement or assembly.
(12) Automobile service station (limited to one in each 21000 linear
feet of street or highway as measured along centerline).
(13) Medical center, clinic or medical laboratory.
(14) Funeral parlor.
(15) Multi—family dwellings and town houses (with Special Permit).
(16) Public parking garage.
(17) Taxi depot.
(18) Printing and reproduction.
(19) a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and greenhouses.
b) 0n any lot of at least three (3) acres, the keeping of a total
of not more than three (3) of any kind or assortment of animals or
birds in addition to the household pets of a family living on such
lot, and for each additional acre of lot size to nine (9) acres
the keeping of one additional animal or bird; but not the keeping
of any animals, birds, or pets of persons not resident on such lot.
c) 0n any lot of at least ten (10) acres, the keeping of any number
of animals or birds regardless of ownership and the operation of
equestrian riding academies, stables, stud farms, dairy farms, and
poultry batteries.
d) The sale of products raised as a result of the above uses on
the subject land.
(20) Residential use where such use is not more than 50 percent of the
total floor space in the structure.
(21) Parking, indoor storage and other accessory uses associated with
the above uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
—18—
4.126 Business 3 District
~ (1) Retail establishments.
(2) Personal service establishments.
(3) Professional offices, banks, real estate offices and insurance
offices.
(4) Business and other offices.
(5) Public building or use and public service corporation.
(6) Art gallery.
(7) Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(8) Place of worship.
(9) Eating and drinking establishments.
(10) Nonprofit school or private school for profit or museum.
(11) Indoor place of amusement or assembly.
(12) Automobile service station (limited to one in each 2,000 linear
feet of street or highway as measured along centerline.)
(13) Medical center, clinic or medical laboratory.
(14) Funeral parlor.
(15) Public parking garage.
(16) Taxi depot.
(17) Printing and reproduction.
(18) Research and development facilities.
(19) New car sales but not to include outdoor car sales lots accommo—
dating more than ten -used cars.
(20) a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and greenhouses.
b) 0n any lot of at least three (3) acres, the keeping of a total
of not more than three (3) of any kind or assortment of animals or
birds in addition to the household pets of a family living on such
lot, and for each additional acre of lot size to nine (9) acres
the keeping of one additional animal or bird; but not the keeping
of any animals, birds, or pets of persons not resident on such lot.
—19—
c) On any lot of at least ten (10) acres, the keeping of any
number of animals or birds regardless of ownership and the
operation of equestrian riding academies, stables, stud farms,
dairy farms, and poultry batteries.
d) The sale of products raised as a result of-the above uses on
the subject land.
(21) Parking, indoor storage and other accessory uses associated with
the above uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
4.127 Business k District
(1) Research and development facilities.
(2) Business, professional and other offices.
(3) Limited retail, personal service and eating and drinking use shall
be permitted in an amount not to exceed five percent of total gross
floor area of the principal uses.
(4) Place of worship.
(5) Nonprofit school or private school for profit or museum.
(6) Public building or use and public service corporations.
(7) Hotel or motel (limited to one in each 21000 linear feet of street
or highway as measured along centerline).
(S) Medical center, clinic or medical laboratory.
(9) Nursing and convalescent homes. See dimensional requirements of
Table 2.
(10) Art gallery.
(11) Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(12) Printing and reproduction.
(13) a) Farming of field crops and row crops, truck gardensv orchards,
plant nurseries, and greenhouses.
b) On any lot of at least three (3) acres, the keeping of a total
of not more than three (3)- of any kind or assortment of animals or
birds in addition to the household pets of a family living on such
lot, and for each additional acre of lot size to nine (9) acres
the keeping of one additional animal or bird; but not the keeping
of any animals, birds, or pets of persons not resident on such lot.
-20-
c) On any lot of *at least ten (10) acres, the keeping of any
number of animals or birds regardless of ownership and the
operation of equestrian riding academies, stables, stud farms,
dairy farms, and poultry batteries.
d) The sale of products raised as a result of the above uses on
the subject land.
(14) Parking, indoor storage and other accessory uses associated with
the above uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
4.128 General Business_District
(1) Retail stores and wholesale stores, salesrooms, funeral parlors,
showrooms or places for any professional, artistic or mercantile
activity, not involving manufacturing, also retail bakeries or
retail confectioneries.
(2) Banks, offices and municipal, civic or public service buildings
such as post office, telephone exchange, town offices, school,
library, museum, place of worship, local passenger station.
(3) Hall, club, theatre or other place of amusement or assembly.
(4) Automobile service and filling stations, automobile storage and
repair garages including automobile body repairs and painting,
and automobile sale agencies for new and used cars provided there
be not displayed or stored outdoors on such premises more than
twenty—five (25) automobiles or other vehicles.
(5) Restaurant, dining room or lunch room.
(6) Residential use where such use is not more than 50 percent of the
total floor space in the structure.
(7) Any accessory use customarily incident to any of the above per—
mitted uses, provided that such accessory use shall be not in—
jurious, noxious, or offensive to the neighborhood.
4.129 Industrial 1 District
(1) Research and development facilities.
(2) Business, professional and other offices.
(3) Limited retail, personal service and eating and drinking use shall
be permitted in an amount not to exceed five percent of total
gross floor area of the principal uses.
-21—
(4) Place of worship.
(5) Nonprofit school or private school for profit.
(6) Public building or use and public service corporation.
(7) Medical center, clinic or medical laboratory.
($) Art gallery or museum.
(9) Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(10) Printing and reproduction.
(11) Helistop (defined as a landing and take—off place for a helicopter
but not including facilities for storage or major repair of heli—
copters). Special Permit required.
(12) Light manufacturing including manufacturing, fabrication, processing,
finishing, assembly, packing or treatment of articles or merchandise,
provided such uses are conducted solely within' a building and further
provided that such uses are not offensive, noxious, detrimental or
dangerous to surrounding areas or the town by reason of dust, smoke,
fumes, odor, noise, vibration, light or other adverse environmental
effect.
(13) a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and green houses.
b) On any lot of at least three (3) acres, the keeping of a total
of not more than three (3) of any kind or assortment of animals or
birds in addition to the household pets of a family living on such
lot, and for each additional acre of lot size to nine (9) acres
the keeping of one additional animal or bird; but not the keeping
of any animals, birds, or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any number
of animals or birds regardless of ownership and the operation of
equestrian riding academies, stables, stud farms, dairy farms, and
poultry batteries.
d) The sale of products raised as a result of -the above uses on
the subject land.
(14) Warehousing and wholesaling shall be permitted only as a secondary
use.
(15) Golf course.
(16) Parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that such accessory use
shall not be injurious, noxious, or offensive to the neighborhood.
—22—
4.130 Tndustrial 2 District
(1) Research and development facilities.
(2) Business, professional and other offices.
(3) Limited retail, personal service and eating and drinking use shall
be permitted in an amount not -to exceed five percent of total gross
floor area of the principal uses.
(4) Place"of worship.
(5) nonprofit school or private school for profit.
(6) Public building or use and public service corporation.
(7) Medical center, clinic or medical laboratory.
(8) Art gallery.
(9) Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(10) Recreation areas (Special Permit required).
(11) Printing and reproduction.
(12) Helistop (defined as a landing and takeoff place for a helicopter
but not including facilities for storage or major repair of heli—
copters). Special Permit required.
(13) Light manufacturing including manufacturing, fabrication, processing,
finishing, assembly, packing or treatment of articles or merchandise,
provided such uses are conducted solely within a building and further
provided that such uses are not offensive, noxious, detrimental or
dangerous to surrounding areas or the town by reason of dust9 smokes
fumes, odor, noise, vibration, light or other adverse environmental
effect.
(14) a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and greenhouses.
b) On any lot of at least three (3) acres, the keeping of a total
of not more than three (3) of any kind or assortment of animals or
birds in addition to the household pets of a family living on such
lot, and for each additional acre of lot size to nine (9) acres
the keeping of one additional animal or bird; but not the keeping
of any animals, birds, or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any number
of animals or birds regardless of ownership and the operation of
equestrian riding academies, stables, stud farms, dairy farms, and
poultry batteries.
—23—
d) The sale of products raised as a result of the above uses on
the subject land.
(15) Warehousing and wholesaling.
(16) Golf course.
(17) Lumber or other building materials storage or sales, fuel storage,
or contractor's yard, provided all outdoor uses are enclosed by a
fence of five feet or more in height.
(lg) Bus garage.
(19) Automobile service station (limited to one in each 2.000 linear
feet of street or highway as measured along centerline).
(20) Car wash.
(21) Automobile or other motor vehicle repair, provided all activities
are within an enclosed building.
(22) Veterinary hospital and kennels, provided all activities are
within an enclosed building.
(23) Parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that such accessory use
shall not be injurious, noxious, or offensive to the neighborhood.
4.131 Industrial "S" District
(1) Research and development facilities.
(2) Business, professional and other offices.
(3) Place of worship.
(4) Nonprofit school or private school for profit.
(5) Public building or useand public service corporation.
(6) Printing and reproduction.
(7) Light manufacturing including manufacturing, fabrications processing,
finishing, assembly, packing or treatment of articles or merchandise,
other commercial non—retail activity, provided such uses are con—
ducted solely within a building and further provided that such uses
are not offensive, noxious, detrimental or dangerous to surrounding
areas or the town by reason of dust, smoke, fumes, odor, noises
vibration, light or other adverse environmental effect.
(8} Premises of a bank, post office, telephone exchange or telephone
business office, local bus passenger station or business office
buildings. By special permit, an automobile service and filling
station, a diner, a restaurant, a retail food store, but no other
retail stores of any kind.
—24—
(9) Warehousing and wholesaling.
~ (10) Lumber or other building materials storage or salesp fuel storage,
or contractor's yardq provided all outdoor uses are enclosed by a
fence of five feet or more in height.
(11) Bus garage.
&.2 ACCESSORY USES
(1) Accessory uses, as defined herein, shall be on the same lot with
the building of the owner or occupant, and shall be. such as do not
alter the character of the premises on which they are located nor
impair the neighborhood.
(2) Where manufacturing of any kind is allowed as an aacessory.use, it
shall be restricted to such light manufacturing as is incidental to
a permitted use and where the product is customarily sold on the
premises by the producer to the consumer.
4-3 ACCESS TO BUILDINGS
No private way giving access to a building or use not permitted in a residential
district shall be laid out or constructed so as to pass through a: residential
district.
—25—
Table 1
SUMMARY OF USE REGULATIONS
Permitted Use Res. Res. 4 Res. 5 Bus. 1 Bus. 2 Bus- 3 Bus- 4 Gfxlral Ind. 1 Ind. 2 Ind. S
1 2&
A ioultural Use Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Art Gallery No. No No Yes Yes Yes Yes Yes Yes Yes No
Auto service station No No No No Yes Yes No Yes No Yes SP
Auto& vehicle re- ,
pair, body shop No I No No No No No No Yes No Yes No
Bus garage No No No No No NO . No Yes No Yes Yes
iisi1iass & other No No No NO l Yes Yes Yes Yes Yes Yes Yes
Car wash No No No No No No No Yes No Yes No
Cemetery Yes Yes Yes No No No No No No No No
IMBRN& —"g No I No NO NO Yes Yes NO Yes NO Not SP
Funeral parlor No I No No No Yes Yes Yes No No No.
Golf course Yes Yes Yes No No No No No Yes Yes Yes
Guest house No Yes Yes No No No No No No No No
Helistop
££ No No No No No No No No SP SP No
men�o�rpalsem8i a°us No No No No Yes Yes No Yes No No No
o�ru o8ntrac or*sorgFd No I No No No No No No Yes No Yes Yes
Manufacturin No No No No No No No No Yes Yes Yes
Medical centerl No No No No Yes Yes Yes Yes I Yes Yes I No
Motel or hotel No No SP No No No Yes No No No No
M ti f 11,, dwelling 1
an a arum 1e its No No Yes No SP No No No No No No
New car sales No No No No No Yes No Yes No No No
Nonprofit school Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Uesc 'Fh Snja1 SP SP SP No No No Yes No No No No
One-family dwelling Yes Yes Yes No No No No No No No No
edBsht�� 0e No No Nol Yes Yes Yes Nol Yes Nol Nol Nol
Place of worship Yes Yes Yes I Yes Yes I Yes Yes Yes Yes Yes Yes
PdEicapng& repro- $io No No No Yes Yes Yes Yes Yes Yes Yes
Pfgzv &33. hool
� Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes
Professional offices No No Yes Yes Yes Yes Yes Yes Yes Yes Yes
Pub building
or u � SP 3P SP Yes Yes Yes Yes Yes Yes Yes Yes
Recreation areas SP SP SP SP SP SP SP SP SP SP No
Ae
gEafihiliftyglop- No No No No No Yes Yes Yes Yes Yes Yes
Retail establishment Nol No No Yes Yes Yes No Yes No No' Nol
Rooming house Yes I Yesl Yes No No No No No No No No
Taxi depot No I No No No Yes Yes No Yes No No No
Town houses No, Yes I Yes No SP No No No No No No
Two-f dwelling No Yes Yes No No No No No No No No
y eEp.aaa hospital No No No No No No No No No Yes No
wioj4osgj,— and No No No No No No No Yes Nol Yes Yes
1 See detailed district use regulations.
SP = with Special Permit'only.
NOTE: This chart is for-summary informational purposes only and is not a substitute for the
detailed district-use regulations contained in Section 4 of this By-law.
-26-
Section 5 EARTH MATERIALS REMOVAL
(1) The removal of sod' loam, soils clay, sand, gravel, or stone from any
land in the Town of North Andover not in public use is hereby pro-
hibited except such removal as may be authorized in any zoning district
by a permit issued by the Board of Appeals and except such removal as is
permitted by paragraph (3). No such permit shall be issued except upon
written application therefor to the Board of Appeals with copy to the
Planning Board and after a public hearing on such application*by the
Board of Appeals. Such application shall include a diagram to scale of
the land concernedt indicating existing and proposed elevations in the
area to ba excavated and stating the ownership and boundari.es: of the land
for which such permit is sought, the names of all adjoining owners as
found in the most recent tax list and the approximate locations of existing
public and private lands nearest to such land. Notice of said public
hearing shall be as provided by law and shall be paid for by the petitioner.
(2) A copy of any permit granted hereunder by the Board of Appeals, stating
all of the conditions imposed, if any, including but not limited to limita-
tion of such removal in:
(a) extent of time,
(b) area and depth of excavation,
(c) steepness of slopes excavated,
(d) distance between edge of excavation and neighboring properties or ways,
(e) temporary or permanent approved drainage,
(f) the posting of security or bond,
(a) the replacement of not less than six (6) inches of top-soil over the
whole of any area from which earth materials are removed where the
location of such removal is afterward to become a residential sub-
division, or,
(h) in the case of continuing sand or gravel pit operations in one general
locus, recovering the finished cut banks with a minimum of four (4)
inches of top-soil;
Or a copy of the denial by the Board of Appeals of any application for such,
stating the reasons for such denial, shall be mailed forthwith by the Board
to the parties in interest, including also the Planning Board and the
Building Inspector.
(3) This regulation shall be deemed not to prohibit the removal of such sod,
loam, soil, clay, sand, gravel or stone as may be required to be excavated
for the purposes of constructing foundations for building or other allow-
able structures for which building permits have been issued, or for the
purpose of constructing ways in accordance with lines and grades approved
-27-
by the Planning Board or by the Board of Appeals or for the purpose of
constructing utilities or other engineering works for public service or
for the purpose of leveling an area for an acceptable residential sub—
division. Nor shall this regulation be deemed to prohibit the transferral
of sod, loam, soil, clay, sand, gravel or stone from one part of a lot,
tract or parcel of land to another part of the same lot, tract or parcel
of land in the same ownership.
i
i
—28—
Section 6 DIMENSIONAL REQUIREMENTS
6.1 LOT AREAS
Minimum lot areas for uses in each district shall be as set forth An Table 2*
Summary of Dimensional Requirements* which is hereby made a part of this by—law.
(1) In determining the fulfillment of the minimum area and minimum street
frontage of lot required in ,any zoning districts there shall not be in—
cluded 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 lime of a lot*
the minimum area and minimum frontage required shall be determined entirely
within the lines bounding such lott. including such curved line.
(2) 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 By—law except as may be permitted otherwise 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 By—law. 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.
6.2 STREET FRONTAGE
Minimum street frontage shall be as set forth in Table 2. In no case shall
actual street frontage at the street line be less than 75 feet. Corner lots
shall be required to have the required frontage only on one street.
6.3 YARDS (SETBACKS)
Minimum front* side and rear setbacks shall be as set forth in Table 2. Buildings
on corner lots shall have the required front setback from both streets except in
Residence 4 District where setback from the side street shall be 20 feet minimum.
6.4 BUILDING HEIGHTS
Maximum heights of buildings shall be as set forth in Table 2. "Building height"
is defined in Section 2.
—29—
i
The foregoing limitations of height in feet in the zoning districts designated
shall not apply to farm .buildings on farms. of not less than ten (10) acres area,
nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, pent-
houses, processing towers and other accessory structural features usually erected
at a height greater than the main roofs of any buildings, nor to domes, bell
towers or spires of churches or'other buildings, provided all such.features are
in no way used for living purposes, 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 nor of a manufacturing building a height of eighty-five
(85) feet from the ground except by permission of the Board of Appeals acting
under G.L. Ch. 40A.
6.1 LOT cov_GE
Maximum lot coverage by buildings shall be as set forth in Table 2. Lot coverage
shall mean the percent of the-lot covered by principal and accessory structures.
6.6 FIAOR.AREA RATIO
Maximum floor area ratio (FAR) shall be asset 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 can which it is located.
6.7 DKELLnG UNIT DEITY
Maximum dwelling unit density (dwelling units per acre) shall be as set forth
in Table 2.
6.a EKCEPTIONS
(1) The residential lot areas and frontages above required and listed in Table
2 shall not apply in ahy 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 incorp-
orated in or attached to such application that such lot was lawfully laid
out and duly recorded'by plan or deed prior to the effective date of this
By-Law 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.
(2) In Residence 4 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 10i000 square feet area
each, and with not less than 100 feet street frontage, provided it be shown
to the Board of Appeals that each of said vacant lots before combination
was of! less area or less frontage than required herein and, by citations
from the Essex County Registry of Deeds, that each such lot was lawfully
laid out and duly recorded by plan or deed prior to the effective date
of this By-Law and the Building Inspector shall permit the construction
of one':. single family dwelling on each such 10,000 square foot lot.
-30-
(�3) Notwithstanding any other provision of law, no amendment to this Zoning
By law shall apply to or affect the size, shape, or frontage of any lot
shown on a plan of a subdivision as defined in Section 81--L of Chapter
41 of the General Laws if the plan of such. subdivision has been finally
approved by the Planning Board and duly recorded pursuant to said
Chapter 41.prior to such Zoning By—law amendment, for a period of seven
years from the date of final subdivision approval by the Planning Board
of such plan or until any such lot is divided, whichever occurs first,
without the consent in writing of the owner of such lot.
—31—
Table 2
SUMMARY OF DIMENSIONAL REQUIREMENTS
Res. 1 It... 2 Res. 3 Res. 4 Res. 5 ,7 Bus. 1 Bus. 27 Bus. 3 Bus. 4 gusei�i ss IInd. 1 Ind. 2 Ind. S.
Lot Area-mini--
mum (sq.ft. 65,340 43,560 25.000 12,500 43,560 25,000 25,000 120,000 80 000 25,000 180,000 80,000 50,000
Height maxi-
(ft.) 5 35 35 35 35 35 35 5 60 45 55 55 55
Street fron'.•n 1p-
minimum ft. V 175 1 150 125 100 150 125 125 300 200. 12 • 150 150 150
Front setba:ic'
minimum (ft.) 30 90 30 30 30 30 25 100 50 25 50 50 30
Side setback-
minimum ft. 0 30 20 15 25 1 202 252 503 50 25 503 503 202
Rear setback-
minimum ft.`• 30 30 30 30 30 02 02 503 0 52 503 503 02
Floor Area
Ratio-maxima N/A NIA N/A N/A 0.7 :1 0. 0:1 0.75:1 •0. 0:1 1. 0:1 NIA 0. 0:1 0. 0:1 0.50:1
Lot Covgrage-
maximum NIA NIA NIA N/A 2 , 2 0
Dwelling Unit.
Density- NIA N/A NIA NIA Multi-fam- N/A NIA NIA N/A N/A N/A N/A N/A
Maximum acre ily: 12
Townhouses
L 7-
1 Front setback shall be a minimum of 100 feet along Route 114, regardless of
in Industrial 1 and 2 Districts; the first 50 feet of front setback under this srequire enttrict, and lhallOU ebeaplantedlong uandte 125
landscaped and no parking shall be permitted.
2 Adjacent to residential districts, an additional 15 foot side or rear setback shall be provided. This additional
setback area shall be maintained open and green, and suitably landscaped, unbuilt upon, unpaved and unparked upon.
In the Business 2 District the side yard requirement may be eliminated when two adjoining property owners agree to
share a party wall.
3 Adjacent to residential districts (including those in bordering towns), an additional 50 foot side or rear setback
shall be required. This additional setback area shall be maintained open and green, and suitably landscaped, un-
built upon, unpaved and unparked upon.
4 I£ an enclosed parking structure is provided, lot coverage may be increased up to the amount of such parking area
but not to exceed a total coverage of 45%.
5 Minimum lot size.for a townhouse complex shall be 43,560 square feet although individual townhouse lots may be a
minimum of 3,000,square feet. Minimum lot size.for an apartment complex shall be 60,000 square feet.
6 Dimensional regulations for townhouse complexes shall meet the requirements of the Residence 5 District; individual
townhouses within the complex, however,.shall be regulated as follows:
Minimum Street Frontage: 18 feet Minimum Rear Setback: 30 feet
Minimum Front Setback: 30 feet Maximum Floor Area Ratio: 1.20:1
Minimum Side Setback: none required where a party wall is Maximum Lot Coverage: 35%
constructed between units; otherwise Maximum Number of
a 25 foot side setback shall be Contiguous Units: 10
provided.
7 The following additional requirements shall apply when apartments or townhouse complexes are constructed in this
district:
(a) There shall;be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the
outside entran6e of each dwelling unit.
(b) Any road providing access to townhouses or lots intended for townhouses shall conform to the subdivision control
regulations'of the Planning Board.
(c) Any road or driveway providing principal access to more than 18 apartment dwelling units or more than 24 parking
spaces shall conform to appropriate provisions of the subdivision control regulations as if it were a minor
residentiallstreet. Before issuing a building permit in such cases the Building Inspector shall obtain a report
from the Planning Board on the extent of such conformity.
(d) Maximum height (apartment building): 40 feet.
(e) Maximum stories of living quarters (apartment building): 3.
(f) Maximum units per structure (apartment building): 18.
8 In Residence 4 Districts only, front setoack may be the average of all front setbacks of dwelling units within
250 feet on either side of lot.
9 Nursing and convalescent homes shall have at least 600 square feet of lot area per bed. Minimum lot size for
such homes in R1, R2, and R3 districts shall be 2 acres.
-32-
Section 7 SUPPLEMENTARY REGULATIONS
7.1 OFF-STREET PARKING
(1) Whenever a building is erected, reconstructed, moved or expanded so as to
increase its floor area and/or design capacity, there shall be provided
on the same lot with such building or on a lot contiguous thereto (or
within 100 feet thereof) in 'the same ownership as the parcel containing
the primary use, a sufficient number of open,.or covered parking spaces to
satisfy the requirements of the following schedule for the new building
or increased design capacity of floor area:
Use Minimum Spaces Required
One or two-family residence. One space per dwelling unit.
Three or more family residence 1.50 spaces per dwelling unit of two
(including apartments). or more bedrooms. 1.25.spaces per
dwelling unit of less than two bedrooms.
0.50 spaces per dwelling unit for units
designed and occupied for the elderly
under government assisted programs.
All other places with sleeping One space per sleeping room for single
accommodations including rooming or double occupancy. (If occupancy ex-
houses, hotels, motels, hospitals, ceeds two per room) one space per two bed;
nursing homes, etc. shall be provided.
Auditoriums, theaters, athletic fields, One space for each four persons based on
funeral parlors, and other places of design capacity of the facility.
assembly.
Restaurants and other eating and One space for each three seats.
drinking places.
Retail store and service Six-spaces per 11000 square feet of net
establishments. ground floor area (excluding storage area;
except five spaces per 19000 square feet
of net ground floor area (excluding storm
area) in Business 1 and 2.
In addition, one-half the requirement for
uses on the first story shall be required
for each additional story.
Offices, research facilities. Three spaces per '1,000 square feet of net
floor area (excluding storage area).
Warehousing, wholesaling, One space per 1,000 square feet of gross
distributing. floor area.
Manufacturing, assembly, One space for each two employees in the
fabricating, etc. maximum working shift or one space for
each 1,000.square feet of gross floor
area, whichever is greater.
-33-
J
(2) The required parking for any two or more uses or structures may be pro-
vided by the allocation of the total of the various spaces required for
each use or structure in a common parking facility, cooperatively estab-
lished and operated.
(3) The regulations of this section shall not apply to non-residential uses
or structures whose minimum parking under the above schedule would amount
to five parking spaces or less or residential uses or structures whose
minimum parking would amount to two parking spaces or less.
(4) If the Building Inspector is unable to identify a use with one or more of
the uses in the above schedule, application shall be made to the Board of
Appeals for the purpose of determining a sufficient quantity of parking
spaces to accommodate the automobiles of all customers, employees, visitors,
occupants, members or clients consistent with the provisions contained in
the above schedule.
(5) The Board of Appeals may by variance make exceptions to the provisions of
this section and, upon a written request of the owner and after a public
hearing, authorize the Building Inspector to issue permits for buildings
and uses having less off-street parking than specified herein, whenever
the Board of Appeals finds that under normal circumstances such lesser
off-street parking area would adequately provide for the needs of all
persons using such building. Such exception may be limited as to time,
use or intensity of use.
(6) A parking space shall mean an area of not less than 9xl8 feet accessible
over unobstructed driveways. These spaces shall be graded and paved for
all except one or two family residential uses.
(7) For multi family dwellings the front yard shall not be used for parking
purposes.
(8) In all residential districts the front yard shall not be used for parking
for accessory uses.
(9) In residence districts parking or� outdoor storage of one recreational
vehicle (camper, etc.) and one boat per dwelling unit may be permitted in
an area to the rear of the front line of the building. All other rec-
reational vehicle and boat storage (if any) shall be within closed structures.
(10) Loading facilities provided for any use shall be sized, located, arranged,
and of sufficient number to allow service by the type of vehicle custom-
arily expected for the use while such vehicle is parked.completely clear of
any public way or sidewalk.
(11) In residence districts garaging or off-street parking of not more than
four motor vehicles per dwelling unit may be permitted, of which four motor
vehicles, not more than two may be commercial vehicles other than passenger
sedans and passenger station wagons, but not counting farm trucks nor
motor-powered agricultural implements on an agriculturally active farm or
orchard on which such vehicles are parked. Commercial vehicles in excess
of one ton capacity shall be garaged or screened from view of residential -
uses within three hundred feet by either:
-34-
(a) A strip at least four feet wide, densely planted with trees or shrubs
which are at least four feet high at the time of planting and which
are of a type that may be expected to form a year-round dense screen
at least six feet high within three years, or
(b) An opaque wall, barrier, or fence of uniform appearance at least five
feet high, but not more than seven feet above finished grade.
(c) Such screening shall be maintained in good condition at all times,
and shall not be permitted to exceed seven feet in height within re-
quired side yards. Such screening or barriers may be interrupted by
normal entrances or exits and shall not be required within ten feet
of a street lot line.
Garaging or off-street parking of an additional two commercial vehicles
may be allowed by Special Permit.
When it is deemed to be in the public good, parking for additional pleasure
vehicles may be allowed by Special Permit.
7.2 AUTOMOBILE SERVICE STATIONS AND OTHER AUTOMOTIVE SERVICES
Automobile service and filling stations, automobile repair shops, body shops
and painting shops, tire stores, radiator shops or any of their appurtenances
or accessory uses shall not be erected, placed or located within 50 feet of any
residence district or residence structure.
In addition, the use or structure shall conform to the following requirements
(in addition to district requirements):
(1) The minimum frontage on a street shall be 150 feet.
(2) The maximum width of driveways and curb cuts measured at the street lot
line or lines tahall be 30 feet; the minimum width shall be 20 feet.
(3) The minimum distance of driveways, measured at the street lot line or lines
shall be as follows:
(a) From corner lot line: 20 feet
(b) From interior lot line: 10 feet
(c) From other driveway on
same lot: 20 feet
(4) The minimum setback of any building from all street lot lines shall be
40 feet.
(5) The minimum setback of gasoline pumps from all street lot lines shall be
12 feet.
(6) A raised concrete or granite curb at least six inches in height shall be
constructed along all lot lines except at driveway openings.
-35-
(7) Properties in residential districts or any residence structures which abut
an automobile service station or other automotive service shall be protected
from headlight glare by either:
(a) -A strip at least four feet widep densely planted with trees or shrubs
which are at least four feet high at the time of planting and which
are of a type that may be expected to form a year—round dense screen
- at least six feet high within three years, or
(b) An opaque wall, barrier, or fence of uniform appearance at least five
feet highp but not more than seven feet above finished grade.
(c) Such screening shall be maintained in good condition at all times, and
shall not be permitted to exceed seven feet in height within required
side yards. Such screening or barriers may be interrupted by normal
entrances or exits and shall not be required within ten feet of a
street lot line.
—36—
Section g NONCONFORMING USES
8.1 CONTINUANCE
Any nonconforming building, structure or use, as defined herein, .which law—
fully existed at the time of passage of the applicable provision of this or
any prior By—law or any amendment thereto may be continued subject to the
provisions of this By—law. Any lawfully nonconforming building or structure
and any lawfully nonconforming use of building or land may be continued in the
same kind and manner and to the same extent as at the time it became lawfully
nonconforming, .but such building or use shall not at any time be changed, ex—
tended or enlarged except for a purpose permitted in the zoning district in
which such building or use is situated, or except as may be permitted other—
wise by the North Andover Board of Appeals.
8.2 ALTERATION OR EXTENSION
A use, or structure housing a use, which does not conform to the regulations
of this By—law, but which did conform to all applicable regulations when
initially established shall not be changed, extended, or enlarged except in
accordance with the following provisions:
(1) Such change shall be approved by the Board of Appeals.
(2) Such change shall be permitted only upon the same lot occupied by the non—
conforming use on the date that it became nonconforming.
(3) Any increase in volume, area, or extent of the nonconforming use shall not
exceed an aggregate of more than 25 percent of the original use.
(4) No change shall be permitted which tends to lengthen the economic life of
the nonconformity longer than a period reasonable for the amortization of
the initial investment.
8.3 REBUILDING AFTER CATASTROPHE
Any nonconforming building or structure destroyed or damaged by fire, flood,
lightning, wind or otherwise to the extent of sixty—five (65%) percent or more
of its reproduction cost .at the time of such damage shall -not be rebuilt, re—
paired, reconstructed nor altered except for a purpose permitted in the zoning
district in which such building is located, or except as may be permitted other—
wise by the Board of Appeals acting under G.L. Ch. 4OA.
8.4 ABANDONMENT
If any lawfully nonconforming building or use of a building or. land be. at any
time discontinued for a period of two years or more, or if such use or building
be changed to one conforming with the North Andover Zoning By—law in the dis—
trict in which it is located, it shall thereafter continue to conform.
—37—
Section 9 ADMINISTRATION
9.1 ENFORCEMENT
The North Andover Zoning By—law shall be enforced by the North Andover Building
Inspector. The Building Inspector, upon being informed in writing of a possible
violation of this By—law or on his own initiative, shall make or cause to be
made an investigation of facts and an inspection of the premises where such
violation may exist. The Building Inspector, on evidence of any violation after
investigation and inspection, shall give written notice of such violation to the
owner and to the occupant of such premises, and the Building Inspector shall de—
mand in such notice that such violation be abated within such reasonable time
as may be designated therein by the Building Inspector. Such notice and demand
may be given by mail addressed to the owner at the address appearing for him on
the most recent real estate tax records of North Andover, and to the occupant
at the address of the premises of such seeming violation.
If, after such notice and demand, such violation has not been abated within the
time specified, the Building Inspector or the Selectmen shall institute appro—
priate action or proceedings in the name of the Town of North Andover to prevent
r
correct, restrain or abate any violation of this By—law.
9.11 Building Permit
No building shall be erected, altered, moved, razed or added to in North
Andover without a written permit issued by the Building Inspector. Such
permits shall be .applied for in writing to the Building Inspector. The
Building Inspector shall not issue any such permit unless the plans for
the building and the intended use thereof in all respects fulfill the
provisions of the North Andover Zoning By—law (and other applicable town
by—laws) except as may have been specifically permitted otherwise by
action of the North Andover Board of Appeals, provided a written copy of
the terms governing any exception so permitted be attached to the applica—
tion-for a building permit and to the building permit issued therefor.
One copy of each such permit, as issued, including any conditions or ex—
ceptions attached thereto, shall be kept on file in the office of the
Building Inspector.
In addition to the information required above, a plot plan shall indicate
provisions for all other physical requirements of this By—law, including
but not limited to off—street parking, screening and fencing.
Upon granting a permit the Building Inspector shall cause a copy to be
posted on the property to which it relates in a conspicuous place.
9.12 Penalty for Violation
Whoever violates any provisions of this By—law shall be ,punished by a
fine not exceeding $20.00 for each offense. Each day that such violation
continues shall constitute a separate offense.
—38—
9.2 BOARD OF APPEALS
9.21 Appointment and Organization
There shall be a Board of appeals of five Members and not more than three
Associate Members, which shall have and exercise all the powers provided
under G.L. Chapter 40A, and which shall hear and.-decide all matters
specifically referred to the Board of Appeals by the North Andover Zoning
By-law and other matters referred to such Board by statute. The Board of
Appeals Members and Associate Members shall be appointed by the Selectmen
in the manner provided by statute.
9.22 Basis for Appeals
An appeal to the Board of Appeals may be taken by any person aggrieved
by reason of his inability to obtain a permit from the Building Inspector,
or b3t any officer or board of the town of North Andover, or by any person
aggrieved by any order or decision of the Building Inspector or other
administrative official in violation of any provision of the, By--law.
Such appeal shall be taken within thirty days, as provided by Section 16
of Chapter 40A of the General Laws.
2� Powers of the Board of Appeals
The Board of Appeals shall have the .following powers:
(1) To hear and decide actions and appeals as provided. herein.
(2) To hear and decide applications for Special Permits and variances
which the Board of Appeals is required to act upon under this
By-law.
9.3 SPECIAL PERMIT
The Board of Appeals may grant a Special Permit after public notice and hearing
in such cases as are set forth in this Bye-law, subject to the requirements and
procedures set forth herein.
9.31 Condition for Approval of Special Permit
(1) The Board of Appeals shall not approve any such application for a
Special Permit unless it finds that in its .judgment all*the follow-
ing conditions are met:
(a) The specific site is an appropriate location for such a use,
structure or condition.
(b) The use as developed will not adversely affect the neighborhood.
(c) There will be no nuisance or serious hazard to vehicles or
pedestrians.
—39—
(d) Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
(2) In approving a Special Permit the Board of Appeals may attach such
conditions and safeguards as are deemed necessary to protect the
neighborhood, such as but not limited to the following:
.(a) Requirement of front, side or rear yards greater than the mini—
mum required by this By—law.
(b) Requirements of screening parking areas or other parts of the
premises from adjoining premises or from the street, by walls,
fences, planting, or other devices as specified by the Board
of Appeals.
(c) Modification of the exterior features or appearances of the
structure.
(d) Limitation of size, number of occupants, method or time of
operation, or extent of facilities.
(e) Regulation of number, design, and location of access drives or
other traffic features.
(f) Requirement of off—street parking or other special features
beyond the minimum required by this or other applicable by—laws.
9.4 TEMPORARY PERMIT
The Board of Appeals may grant a temporary use or occupancy permit for a�period
of not more than one year at a time, subject to a single renewal. Such permits
shall be subject to conditions imposed by the Board related to safeguarding the
character of the district affected and shall be granted in accordance with the
procedures provided herein for the granting of Special Permits.
9•5 `VARIANCE FROM ZONING BY—LAW
The Board of Appeals may authorize a variance from the terms of this By—law
where, owing to conditions especially affecting a parcel of land or a building
but not affecting generally the zoning district in which it is located, a
literal enforcement of the provisions of the 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.
In exercising this power, the Board may impose limitations both of time and of
use, and a continuation of the use permitted may be conditioned upon compliance
with regulations to be made and amended from time to time thereafter.
—40-
9.6 AMENDMENTS TO ZONING BY—LAW
This By—law or 'Zoning Map may be amended from time to time by a two—thirds
(2/3) vote at an annual or special town meeting in accordance with the
provisions of Section 6 of Chapter 40A of the General Laws.
9.61 Application and Hearing
The Planning Board shall hold a public hearing on any North Andover Town
Meeting warrant article to amend the Zoning By—law or the zoning map and
shall report its recommendations thereon, if any, to the Town Meeting.
Each warrant article to change the zoning map shall explicitly state the
nature, extent and location of the map change proposed and shall be
accompanied by:
(1) Three blackline prints of a diagram to scale showing and stating
clearly the dimensions in feet of the land area proposed to be
changed as to zone.
(2) Also ;a sketch or other explicit identification of the location of
such land in relation to the majority of the rest of the town.
Notice of .the aforesaid public hearing on a zoning amendment, shall be given
by publication as provided by statute and by mailing copies of such notice
as published to such parties as the Planning Board may deem interested, at
-- the addresses for such parties as they appear in the most recent North
Andover real estate tax records.
9.62 Action Taken Under Prior By-Law
Except as -otherwise provided in Section 11, Chapter 40A of the General Laws,
the adoption of this By—law shall not affect the validity of any action
lawfully taken under the provision of the Zoning By—law in effect prior to
the date this By law becomes effective.
9.63 Effect of Subsequent Amendments
In the case of amendments to this By—law or changes in the districts or
the boundaries subsequent to the date this By—law becomes effective, the
right to continue the use or maintenance of any building, structure or
premises which was lawful when such amendment or change became effective
shall not be impaired by any such amendment or change, except as provided
in Section 5 of Chapter 40A of the General Laws.
2.7 CONFLICT OF LAWS
In general, this By—law is supplementary to other North Andover By—laws
affecting the use, height, area and location of buildings and structures and
—41—
the use of premises. Where this, By—law imposes a greater restriction upon
the use, height, area and location of buildings and structures and the use
of premises than is imposed by other By—laws, the provisions of this By—:Law
shall control.
9•8 VALIDITY
The invalidity of any section or provision of this By—law shall not invalidate
any other section or provision thereof.
—42—
r row• �'�
\ I.2
V G /
` e
00
t\ j•2
p •\ 4
MQ 2-4 2.4
LE LEND •
R-i RESIDENCE 1 DISTRICT za '
f2-2 REsIDENCE 2 DISTRICT �: �P-a
R 3 RESIDENCE 3 DISTRICT M1 ftz!�
I n a
R-a IzesloENce 4 O 5TR1CT � � �.Q Q.� RQ
R-5 RESIDENCE 5 DISTRICT
j.
S-1 BUSINESS I 015TRICT
ro B-2 BUSINESS 2 OIST12ICT Q �� 2•y
S-3 BUSINESS 3 01STRICT
C3 4. SU51NE55 .4 DISTRICT
6.13. 6ENERAL BUSINESS DISTRICT
A�l
1-1 INDUSTRIAL I DISTRICT Q Ls t
1-2 INDUSTRIAL? DISTRICT
Y-5 It4ou5TI2tAL 5 DISTRICT '
t
I Is
J R.L
Rae' V5
cg .1
ZONING MAP m
Z F�J IDGY�Y EE- FT-D
F
O
9 8 q .ow ao`w .i .off wpo
SGt-G IN P@GT
MA`! 12, 1972
• SZE.FSR 70 OESC21PT10N5 ON FILE IN THE OFFICE OF THE
TOWN CLERK FOR 5PECIFIG DIMEN510N5 OF GENEf1AL8l�5iNE55015iRICTS
i♦♦ t�