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Home My WebLink About1972 ZONING BY-LAWSection I PURPOSES Section 2 DEFIMITIONS Section ~ 3.1 3.2 3.3 Section Section Section Section &.2 Table 1: 6 6.1 6.2 6.3 6.5 6.6 6.7 6.8 Table 2: 7 7.1 7.2 ZONING DISTRICTS AND B~UNDARTZ9 ~"~ Pa~e 1 2 Establishment cf Districts Zoning Map District Boundaries BUILDI~IS AND USES PE2~ITTED District Use Regulations Accessory Uses Access to Buildings Summary of Use Regulations EARTH MAT~IALS RE~OVAL folloving page 25 DIMENSIONAL REQUIREME~f$ Lot Areas Street Frontage ' ~ ' ' Yards (setbacks Building Heights Lot Coverage Floor Area Ratio Dwelling Unit Density E~ceptions Summary of Dimensional Requirements SUPP~.F~NTAPff~ULATIONS ' Off-Street Parking Automobile Service Stations and Other Automotive Services followln~. page 31 33 Section 8 8.1 8.2 8.3 NON-CONFORNI~USES Continuance Alteration or Extension Rebuilding After Catastrophe Abandonment Section ~.1 ESTAR~,ISHM~T OF DISTRICTS The town of North Andover is hereby divided i~to ZOning districts designated as follows: Residence 1 District Residence 2 District Residence 3 District Residence & District Residence 5 District Business 1 District Business 2 District Business 3 District Business ~ District General Business District Industrial 1 District Industrial 2 District Industrial "S" District this By-Law establishedfhe~ are bounded as shown on a map The zoning districts entitled "Zoning Map of the Town of North Andover" Sated M~y l~ 1972, as the same au~ _ - - - :~:- - : 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 within the 3.3 DISTRICT BOUNDARIES "Residence 2 District." 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. --- ~~ - - .--~ · '~ h--:~e-_:~-_- _ ~n reaching any such determinationi~ 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 thom may be pertinent thereto. (5) (6) (7) (9) (lO) (i2) (13) Ho~e occupations provided there be no '~splaY'Snd no ex~erior advertising except an announcement sign:not-~o exceed six inches by twenty-four (2J+) ~ches axe' ~prov~ded that ~n ~ dwelling, such home occupations shall be carried on by not more than five persons of whom at',.leaat~one shal~ reside ~n such dwelling. "' Real estate signs not to 22~) 'inChes by thirty-six (36) inches ~n size w~Lch ShaZ~ advertise on2~r the rental, lease or sale of the Premise~./';uponWhich they. are placed~ a) Farming of field crops .gardens, orchards, plant nurseries, and green houses;~,% b) On any lot of at least three (3) acre~, th6 k~eping' of a' total of not more than three (3) of any kind or assortment of' animals or birds in addition to the household pets cf a family living on such lot, and for each additional acre.of lot size to1 nine (9) acres the keeping of one additional anima~ or bird; but not the keeping of any animals,,, b..~¥ds,.,, or,:pets, of persons not resident, on such ~oto ..~ .~.,.:,~.<.~ . ff. c) number of animals or b~rds regardless of mmersbzLp and the operation of equestrian rid~ug~acade~ies~ .stables, stud ~d ~ult~ batteries. · d) The s~e of products r~ed ~:a. re~ a~veuse~ On any lot of at least 'ten (10)' acrosS', the i~eePin~ of any on the subject land, - ~- ........ S~mming pools ~n excese of-two feet depth shal~ b~ Considered a structure and per~tted provided such ~OOls are enclosed by a suitable wal~ or fence at least four feet ~n he~q~ht to be mined by the Budding Inspector to prevent the .entrance of per~ sons other than those residing at the pool. location and further provided that such poo~are located to the rear of the front bu/J~mg line of the house and no c~o~er,:to a side or rear l~ne than ten (lO) feet. ' ~, · Museums · Public building and pub]Lc service corporations (Specia~ Permit required), but not ~nclud~ng publ:Lc ~orks garages. GO~f course, . .- _ . Swimming and/or tennis clubs sha_ll, be' permitted ~ith s Specia~ Petit. ' Cemetery. - ~ Nursing end Convalescent home - see dimensio~__~! requirements of Table 2 - (Special Permit required?)' Any accessory use customarily incident'tm aUYof the above permitted uses, provided that such accessory use sBAl~ be not injurious, noxious, or offensive to the neighborhood. .R~sidence ~ District ' ~ e-f am_t_ly dwe'i'~'~_,'~.g. ' ............ . ~ ~' (2) Place of worship. ._¥... ,~ (3) Renting rooms for dwelling purposes or furnishing table board (6) to not more then four persons not members of the fnm41y resident .- in a dwelling so usedt provided there be no displa~ 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 (2~) inches in size, and further provided that no dwelling, shall be erected or altered primarily for such use. Home occupations provided there be no ~spl~. and no exterior~/ advertising except an announcement sign'not to exceed six (6) inches by twenty-four (~) inches and prcvided that in ar~ dwelling, such home occupatio~s e~_-~ be carried on by not more than five persons of #hem at least o~.shal! reside in such dwelling, ;. ?..~: ~.~'~ · ... Real estate signs ~t to exceed twenty-fOur (2~):inches by thirty-six (36) inches in size ~hich 'sB-~ advertise only the rentals lease or sale of the premises'.t~n ~hich they are placed." "' "'~ '" a) Farming of field crops and re~ crops, trUck gardens, orchardse plant nurzeries~ and green houses. ..-~ b) On any lot of at least three (3) acres, i the keeping of a total of not more than three (3) of a~y kind or assortment of a~m-~e or birds in addition to the househeld pets of a family living on such let, and for each additio~n~ acre of lot size to nine (9) acres .: :. the keeping of one additional animal or birdl but not the keeping of any nn~mals, birder or pets of persons not" resident on such lot. c) On an~ lot of at least tan (10) acres, the keeping of number of animals or birds regardless of o~nerehip and the operation of equestrian ri~4~g academies, stables~ stud farms~ d_n~_ry farmsn . 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-'~l~-'are"~nclosed-by a suitable wall or fence at least four feet in height to be deter- mined by the Building Inspector t~ p~event the entrance of per- sons other than those resf~ug'at the p~ol: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 o~'rear lot~i line than ten (10) feet. ' ~ (S) ~luse~ms. (10) PubLic building and public service corporation use, (Special Permit required)~ but not including public works garages.. ~ " (12) Swimming and/or tennis, clu~s sB~IT ~e Permitted ~ith a Special Permit. (13) Cemetery. ' ..... ' ~ m (14) Duplex or two-family 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 follow- ing regulations: A. Defin~tipns~ The conversion re~lations' s~all' apPl~y tO 'any bui~ or buildings under the o~nership of one single person~ partnership or corporat£on converted for use as a residence building for three or more familiess 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 sh~_~_l 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 sh~]] contain: 1. The owner's name. z. The owner's address. 3. 5. 6. The names of the adjoining boundary owners of the subject premises. A legal description of the premises .... ~. The number of units, the type and room cOmpoSition Of. those applied for. Number of rooms proposed for each unit. (7) Swimming pools in excess of two feet depth~ shall be cOnSidered structure and permitted provided such pools are enclosed by a~ suitable wall or fence at least four feet in height to be deter~ (~) (9) (~o) (ii) (i~) (~) (1~) (~.~) (l~) (17) (20) ~uselA'~S, 2Ed. tLc~ tiosal facilit~es., Pubic b~d~g, or use ~d Pe~t r~u~ed), but not includ~g ~blic:~rks ~lf course. Swimming and/or tennis clubs shall be "Pe~mittedwith:. Cemetery. : Town houses. Guest or roo~/n~ houses. Nursing and convalescent homes dimensiona/ requirements of Table 2../ - · Multi-family dwellin~s. Professional offices on the'. d~ellAng structures. (Floor area utilized for offices .shall' reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each ltO00 square feet or part thereof such floor space shall reduce the permitted number of dwelling units by one.) . · . Hotel or motel (Special Permit required),' Parking, indoor storage and other accessory uses associated ~ith the above uses~ provided that such accessory,:use shall not be injurious, noxious, or offensive to the neighborhood. Business 1 District (1) (2) (3) Retail establishments. Personal service establishments ..... . :.,~..., Professional offices, banks, real estate"officeS'and insurance offices. (&) Eating or drinking uses maybe permitted'only as a secondary use within a permitted primary use. (lO) Place of ~orship. Nonprofit school. Public b,,~a~-g or use and publ!q serviqa'c, orporation. . - Art gallery. . . '~"'.- .~,,.; '~ ,~ -....~. ~ Residential use. where-~a~-~ee-&a-~e% ~-~e~e,t~a~-~-~e~ee~-e~-t~e ,,. a} Farming of field crops ~1~ ro#~c~0Ps; truck' gardens;' orchards, plant nurseries, and greenhouses. ' " b) On any lot of at least three' (3) ae~es;" the keeping-of-a total of not more than three (3) of ar~V kind or assortment of animals or birds in addition to the. household'pets of a family livin6 on such lot~ and for each additional acre of lot size to) nine (9) acres the keeping 'of one additional animal or birdl but nOtresidentthe keepingon such°flor.any am~mals, birds,. , ~.--,'~°r pets. .~°f persons not . number of animals or birds regardless 'of o~nership and the operation of equestrian ri~g academies,' Stablss,~'stud farms~ dairy farms~. and poultry batterSee. ~ d) The sale of products raised ge a resul'~~ of the'above uses on the subject land. ' - · ' '- ' ?ermit. ..... ':~ . .' ~,: ~.,. ., : : ":',? · 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. Business .2 District (1) Retail establishments. (2) (3) (5) (6) Personal service establishments. ' ..... Professional offices, banks, real'estate offices'and insurance offices. Business and other offices. Public building or use and public Service corporation. A~ g~,ll ery. -17- Table ~ No No ,~' Yes Yes Yes , Yea Yes !es t Yes ~ ~ationA NO ~ ~ ~ ; ~ ~ yesA ~eaA ~ .: ~es~ ~ ~A :la ~ ; ~ ~ ' : , : P~tt~d ~g~c~t~ral Auto service Auto & ~_~] a ~her No ~o NC Yee Yee ~es ~ea ~te~ Yes Yes Yes ~ ~ ~ ~r~ ~r ~ ~ ~ NO ~e~ , Yea ' ~ co~e Yes Yea Yes ~ ~ ~ Notel or hotel Nc ~e~ car s~les1 NO ,,No~prufit school Yes No Yes No1 ~p No Nc No Yes Yes Yes Yes Place of ~rship Yes Yes I Yes Pr~fesslor~l offices No1 : NOl leal I Recreation areas aP SP SP Yes Yes Yes Yes ~ No No Yea Yes Yes ~es Nc i Yea Nc ~s ~1 Yea Ncl Yea y~ Yes : Yes Yea Yes, , Y~ i Yea ', Yes Ye~ , ~a ! Yes Yea Yes Yes i Yes Yes ~ea No1 Yes ,: Yes Yes Yea No i Yes Yes Yes ~ ' i YeS ' Yes ' Yes i les res [ tel Yes ~es Yes ~ea r~ dept ~ J ~. t ~ j ~ Tea ~ yea ~ ~ yea ~ ~ . ~ TO~ ~uses ~ ' Yes ~ ~ , ~ 1 See detailed district use regulations. 5P i with Special Permit only. NOTE: This chart is for summary informational purposes only and is mot a substitute for the detailed district use regulations contained in Section ~ of tt~is By-la~, -26- Town of North Andover, Massachusetts 1972 PLANNING BOARD CHARLES W. TROMBLY, JR., Esq., Chairman DONALD N. KEIRSTEAD, Vice Chairman FRITZ OSTHERR, Clerk WILLIAM CHEPULI$ JOHN J. MONTEIRO Section Section Section Section 3.1 3.2 3.3 Table 1: NORTH ANDOV~, ZONING BY-LAW - 1972 CONTENTS PURPOSES DF~FINITIONS ZONING DISTRICTS AND BOUNDARIES Establishment of Districts Zoning Map District Boundaries BUILDINGS AND USES PERMITTED District Use Regulations Accessory Uses Access to Buildings Summary of Use Regulations Pane 1 2 8 Section Section Section Section 6.1 6.2 6.3 6.~ 6.5 6.6 6.7 6.8 Table 2: 7 7.1 7.2 8 8.1 8.2 8.3 EARTH MATERIALS REMOVAL DIMENSIONAL REQUIREMENTS Lot Areas Street Frontage Yards (setbacks Building Heights Lot Coverage Floor Area Ratio Dwelling Unit Density Exceptions Summary of Dimensional Requirements SUPPLEMENTARY REGULATIONS Off-Street Parking Automobile Service Stations and Other Automotive Services NON-CONFORMINGUSES Continuance Alteration or Extension Rebuilding After Catastrophe Abandonment 32 37 Section 9 9.1 9.11 9.12 9.2 9.3 9.~ 9.5 9.6 9.7 9.8 ADMINISTRATION Enforcement Building Permit Penalty for Violation Board of Appeals Special Permit Temporary Permit Variance from Zoning By-Law Amendments to Zoning By-Law Conflict of Laws Validity Page 38 Town ofNorthAndover ZoningBy-Law adopted at the ·pecialTo~nNeeting of June 5, 1972 (Articles ll-A and Ii-B). Approved by the Attorney General on August 2, 1972, posted August ~, 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, 5. 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 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 building 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, Dsed for structural re- pairs and refinishing of motor vehicles for remuneration. 2.25 2.26 Board of Appeals The Board of Appeals of the Town of North Andover as governed by the General Laws of Massachusetts. Buildin~ 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 wq~ich 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-Famil~ 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- (Section 2 continued) 2.36 Erected The word "erected" shall include the words "built," "constructed," "reconstructed," "altered," "enlarged," and "moved." 2.37 Famil~ 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 acco.~odations 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 Loadin~ 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. (Section 2 continued) 2.59 2.60 Planning Board The Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts. 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. 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 combinatibn 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, trestles, 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. 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 · 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 i Districb Business 2 District Business 3 District Business 4 District General Business District Industrial t District Industrial 2 District Industrial "S" District 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 12t 1972t 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 Mapt 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, iusofar as any of them maybe pertinent thereto. Section ~ BUILDI~S AND USES PERMITTED 4.1 DISTRICT USE REGULATIONS 4.]1 General Provisions (1) In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and btutldings accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are per- mitted. Ail other buildings and uses are hereby expressly pro- hibitede (3) 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. When a zoning district boundary divides a lot of record on June 5, 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 SpecialPermit 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 ~. 121 Permitted Uses Residence 1 District, Residence 2 District and Residence ~ District (1) One family dwelling but not to exceed one dwelling on any one lot. (2) Place of worship. 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 sh~ll be erected or altered primarily for such use. (5) (6) (?) (8) (,::)) (lO) (u) (13) 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. 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. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and ~reen 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 o~nership 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. Swimming pools in excess of two feet depth s~all be considered a structure and permitted provided such pools are enclosed by a suitable wa!l 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 l~cationandfurther provided that such pool~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. Musel~ls, Educational facilities. Public ~,~l~g and public service corporations (Special Permit required), but not including public works garages. Golf course. Swimming and/or temtts clubs shall be permitted with a Special Permit. Cemetery. 4..122 Nursing and Convalescent home - see dimensional requirements of Table 2 - (Special Permit required.) Any accessory use custemarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. 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 used, 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 bytwenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. Home occupations provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches bytwenty-four (~) inches and provided that iuany dwelling, such home occupations shall be carried on bynot 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 kindor assortment of animals or birds in addition to the household pets of a family living on such let, 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 o~nership and the operation of equestrian ridi~g 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. Sw]]msI~ peels ~n excess of two feet depth shmll be cous~dered a structure and peruELtted prodded such pools are enclosed by a suitable wall or fence at least four feet in he~ht to bo deter- n~Lned by the ~4~,,14,~_._ T_~pector to prevent the en~re~co of persons other th~n those res4~4~ at the pool lscaticu end further p~ov~ded that such poo~s are located to tho rear of the front b,dld4n_- of the house ~nd no closer to a s~do or rear ~ot l~n~_ th~ ten (10) feet. H~set~8. EducetLcu&l fac~.tt~ee. Pub~Lc bu~d~ and pub~Lc ser~eo eorporet~on user (Spec~l Per~t roqu~red)t but not inci,~4u~ pubic works ~ara~ee. ~olf course. Stflun4n~ m~or t~w~4~ c~ubs 8ha~ be per,trod u~th a Spoc4a~ Cemetery. Dup~x or two-femi~ dwo~.~n~ ~noludin~ tho r~ht to convert bu~ld~n~ to acconnodato moro then two dw-3~4-~ un,ts by Spoc~ Per~Lt from the Board of Appo~8 subject to tho foLlsw~u~ rosulat~ousE A. Dof~t~sm~ ~'~e eo~rere:i.~ regulations shall apply to ~,4~4n~ or bu~ld~n~ under the ounersh~p of one 8~n~e persons pertne~s~p or eorporetion converted for use as a res~lonce bu~ldi~ for three or sore f~, Ltv~_- indapendent~y of each other in apartments m~ requireme~ts of the State Statutes ~nd Hea~th and B,,4~d4n2 codes. As used 'in th~s ordinonce the word uroom, shall not inolude bathrooms. B. A~u~Lca~Lou~ App.l'Loetions for permits to coMert eha~ bo made on a form to be proscr~bed by the Board of Appee~s. ~Ld 8hm~ be made to the Zo~4~2 Board of Appeo~o. The app~Leetiou shal~ con~a4n~ 1. The ol~oru8 ~emo. 2. The our's address. 3. The ~--es of tho adJo~nin~ ~ary ouners of the subject A legal deec~].p+.io~ of the The ]~mbo~ of ~Lf.s, the t;~pe ~ reom c. ompoa~t~ca of these app.~Led £or. 6. N~nber of rooms proposed for each ?. ?lst plan shou~n~ loeeticu of proposed bu~l~n~, dr~vewa~ and perk~n~ areas, ex~st4n2 domestic sewers, city water end proposed 8toru water d~sposal, certified by a re~Lstored ~,n~ surveyor or professional en~Lneer as to tho n~bor of s~,,m~e feet ~t~4wed thereia. ~. Description of the real property interest the applicant holds in the premises. 9. Description of construction materials proposed to be used. lO. Such other iaforma%ic~ as the Zoni~ Board of Appeals may' require for the protectic~ of public health and safety. 11. A det-4~ed architect's plan showing proposed changes with specifications. Conditions precedent to grantin~ of permit; NO special permit be issued umless the following requirements have been met: Land Area: The mixdmum land area req,,i~ed 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 equate feet per unit c. Apar+~mnts of not more than two bedrooms .... 3,000 square feet per unit d. Apartments of three or more bedrooms ........ ~,500 square feet per unit Notwithstanding the foregoing, the permitted =~-4-um lot area per structure so converted shall be not lees than twelve thousand five hundred (12,500) sql,_~e feet, and the street frontage .idth of such lot shall be not less than one hundred (100) feet; un- less otherwise allowed by the Board of Appeals. _~ Off-street parking sb_~l~ be provided and located be- front line of the converted b,,~ ]~t_~ not nearer than twenty feet to a~ property line other than a street line according to the follo~ng miiximum stan~dards: a, One _a~ one-half (1~) parking spaces per unit up to fifty units. Two par~4~ spaces per unit for each unit in excess of fifty units provided that if more than fifty unite are planned there shall be an addition_al: number of parking spaces over and above the recf,t~ed tvo spaces per unit to fifteen (1~) per cent of the total number of apartment ,m~ tS · b. .a~ .kin access and egress roadways within the development ~:l~ be thirty feet wide with no parking adJoiniag the roadways. No main_ roadway ~h.ll be less t~__=_~_ twenty feet. c. A par~-2 space shall be not less than 10 feet by 20 feet. d. In par=~ lel parking areas there shall be t~enty feet of driveea~ and back-up space between each parallel line. Oonetruction= No major exterior structural changes shall be made except such as may be required by all applicable building codes or by Massachusetts General Laws. Design: a. Ne recto ia ~ apartment shall be leee than 100 sq,,_~re feet ~ area. Over-all ~ ef ~te ~t ~t ~ lees ~ ~ci~.................... ........ ~50 ~e feet ~ b~...... .... · ........... · .... ~ ~ feet ~ b~. · · ........ · · · · · ........... 7~ sq~e ~ be~... .................. ....1,~ ~,,~ feet For ea~ b~ ~ ~ti~ to t~ee t~ sh~ be ad~ti~ ~ sq~e f~t ~r b. For ~r~s to m~ti-f~ ~e~ ~e~ the exceed 12~ ~ere s~ ~ pr~ outer ~creati~ ~th ~creetio~ fac~ties. ~e m~ si~ of s~d ~c~a~ ~ ~ ~ 1~ sq,,~ feet ~r ~t up to ~0 ~ts ~ ~ ~ feet for each ~t ~er ~0, ~ess oth~se ~d ~ the ~ of Ap~s. e~ed fr~ t~s pr~ion ~ ~ ~ ,,-~t Hous~ for ~er~. or c~c~te ~te~, ~th ~d c~. ~ s~ces sBa~: be se~et~ by et~pes. ~ast steel b~er steps ~-~ ~ plac~ at ~ch desisted S~Ce · d. ~ site p~a~ s~ ~ ~er ~e ~cti~ of a q~ied ~ster~ p~fessi~ ~eer. e. ~ ~ c~r~, ~ ~as ~t b~t u~ sh~ be l~scap~ so as to ~ce the ~s~ic ap~ of the Ject. ~t of ~t l~s ~ 1~ of ~e ~r ~ of ~ch ap~t. ~s~. Sewers-' For conversiom, demestic sanitary se~ers of the to~n must be available for com~ectioa to the converted Water: Public eater supply must be available for connectim to the cc~verted building. There 81~-'~1 be ~ithin the development a suitable number of fire hydraate to satisfy the requirements of the Fire Chief but in no event more than one for each 20 unite shall be required. (15) Town Houses. 4.12~ (16) Guest or rooming houses. (17) Nursing and convalescent homes (Special Permit required). See dimensional requirements of Table 2. (i8) 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. Residence ~ 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 dwe~.llug 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. 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. 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 an~ 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. (7) (9) (lO) (12) (l?) (20) Swimming pools in excess of two feet depth sh~ll be considered a structure and permitted provided such pools are enclosed by a suitable w~11 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 b,,il~i~g line of the house and no closer to a side or rear lot l~,e than ten feet. Educational facilities. Public building or use and public service corporations (Special Permit required), but notimcludingpublicworks garages. Golf course. Swimming and/or tennis clubs shall be permitted with a Special Permit. Cemetery, To~rl houses. Guest or rooming houses. Nursing and convalescent homes (Special Permit required). See dimensional requirements of Table 2. Multi-family dwellings. Professional offices on the ground floor of multi-family dwelliug structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportiom~l basis. Each 1,000 square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one.) Hotel or motel (Special Permit required). 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. Business 1 District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (~) Eating or drinking uses maybe permitted only as a secondary use within a permitted primary use. (5) Place of worship. (6) Nonprofit school. (7) Public building or use and public service corporation. Art gallery. (9) Residential use. (lO) 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. Swimming and/or tennis clubs shall be permitted with a Special Permit. Parking, indoor storage and other accessory uses customarily associated with the a~ove uses, provided that such accessory use shall not be injurious, noxious or offensive to the neighborhood. 4.12~ Business 2District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (~) Business and other offices. (5) Public building or use and public service corporation. (6) Art gallery. (7) Swimming ancot tennis clubs sh~l~ be permitted with a Special Permit. · (8) Place of worship. (9) Eating and drinking establishments. (10) Nonprofit school or private school for profit or muse~. (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. (1~) Funeral parlor. (15) Multi-family dwellings and to~n 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) 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. (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. .Business ~ District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (~) 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. Place of worship. Eating and drinking establishments. Nonprofit school or private school for profit or museum. Indoor place of amusement or assembly. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerl4ue.) Medical center, clinic or medical laboratory. Funeral parlor. Public parking garage. Taxi depot. Printing and reproduction. Research and development facilities. New car sales but not to include outdoor car sales lots accommo- dating more than ten used cars. 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. (9) (10) (ll) (13) (l?) (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. 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 4 District (1) Research and development facilities. (2) Business, professional and other offices. Limited retail, personal service and eating and drinking use shal~. be permitted in an amount not to exceed five percent of total gross floor area of the principal uses. (4) Place of worship. (5) ~onprofit 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 2,0OO linear feet of street or highway as measured along centerline). (8) Medical center, clinic or medical laboratory. (9) Nursing and convalescent homes. See dimensional requirements of Table 2. (10) Art gallery. (l l) 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 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. 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. $..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. 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. Automobile service and filling stations, automobile storage and rep~i? 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. Industrial 1 District (1) Research and development facilities. (2) Business, professional and other offices. (3) Limited retail, personal service and eating anddrinkinguse shall be permitted in an amount not to exceed five percent of total gross floor area of the principal uses. (6). (7) (8) (9) (lO) (ll) (13) (iL,.) (i5) Place of worship. Nonprofit school er private school for profit. PubLic buil~ng or use and pubLic service corporation. Medical center, clinic or medical laboratory. Art gallery or museum. Swimmin~ and/or tennis clubs sb~l 1 be permitted with a Special Permit. Printing and reproduction. 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. Light manufacturing inclucbtng 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 offemmive, 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. 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. Warehousing and wholesaling shall be permitted only as a secondary use. Golf course, 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. 130 Industrial 2 District (1) Research and development facilities. (2) Business, professional and other offices. Limited retail, personal service and eatinganddrinkinguse shall be permitted in an amount notto exceed five percent of total gross floor area of the principal uses. (~) 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 ganery. (9) Swimming and/or tennis clubs shall be permitted with a Special Permit. (10) Recreation areas (Special Permit required). (il) Printing and reproduction. (i2) Helistop (defined as a ladYbug 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 dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. (1~) 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 ar~ 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, d-Awyfarms, and poultry batteries. 4.131 (15) (16) (l?) (m) d) The sale of products raised as a result of the above uses on the subject land. Warehousing and wholesaling. Golf co~rse. Lumber or other b-11ding 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. B~s garage. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). Car wash. Automobile or other motor vehicle repair, provided .11 activities are withinan enclosed building. Veterinary hospital and kennels, providedall activities are within an enclosed building. 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. Industrial "~' District (1) Research and development facilities. (2) Business, professional and other offices. (3) Place of worship. (~) Nonprofit school or private sch~l for profit. (5) Public building or useand public service corporation. (6) Printing and reproduction. Light manufacturingincluding manufacturing, fabrication, 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, noise, vibration, light or other adverse environmental effect. 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. (lO) Warehousing and wholesaling. 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. (ll) Bus garage. 4.2 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 ~]lowed as an accessory 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. ACCESS TO BUILDINGS No private way givingaccess to a building or use not permitted ina residential district shall be laid out or constructed so as to pass through a residential district. Table 1 OF USE BEC4IMTION8 Permitted Use ~es. Res. & Res. 5 Bus. 1 Bus. 2 Bus. 3 BUs. ~ G~al Ind. 1 Ind. 2 Ind. S A_$ricultural Use1 ~es Yea Yes Yes Yes Yes Yes No Yes Yes Yes Art Gallery qo No No Yes Yes Yes Yes Yes Yes Yes Ne Auto service stat{ont No No No No Yes~ Yes~ No Yesz No YesI BP Auto a vehicle re- pair; bo~ shop No No No No No NO NO Yes Nc Yes No Bus ~ara~e No NO No No No No No Yes Nc Yes Yes ~s & other No No No NOl Yes Yes Yes Yes Yes Yes Yes Car wash No No No No No No Nc Yes No Yes No Cemeter~ ~es Yes Yes No No Nc No Nc No No No ~i~fu~ No No NOl NOl Yes Yes NOl Yes Nol No1 Bp Funeral ~arlor No No No No Yes Yes ,.~ Yes No No No Golf course ~es Yes ,Yes No No Ns No No Yes Yes Yes Guest house Ne Yes Yes No No No Nc No Nc No No Helistop No No No No No Nc No Nc BP SP No ~t~i~'~ No No No Nc Ns NO No ~ee No ~ee ~es ~nufacturin~1 Ne No No No No Nc No No Yes Yes Yes Medical c~l~er1 No No No No Yes Yes Yes Yes ~es Yes No Notel or hotel No No SP No No No Yes] No No No No Ne~ car sales~ No No No No No Yes No Yes No No No Nonprofit school ~es Yes Yes Yes Yes Yes Yes Yes ~us Yes Yes ~f~X~- ~ BP BP No No No ~es No No No Ne One-famil[ dwellin~ Yes Yes Yes No Mo No Nc No No No No ~8~ce No No NeI ~ ~ee ~ea NO~ ~ss NO~ No~ NOl Place o£ worship Yes Yes Yes Yes ~es Yes Yes Yes Yes Yes Yes ~k~ &ropro- ~o NO Ne NO Yes Yes Yes Yes Yes Yes Yes Prcfessimaal offices No1 ~o1 Yes1 Yes Yes Yes Yes Yes Yes Yes Yes ~b~ buildimg BP SP SP Yes Yes Yes Yes Yes Yes Yes Yes Necreatiom areas BP SP SP SP SP SP BP BP BP SP Ne ]~f~i~t~JI°p- No No NO NO No Yes Yes Yes Yes Yes Yes Retail establishment ~o No NO1 Yea Yes Yes NOl Yes1 NoI No1 NOl Noomln~: house Yes1 Yes1 Yes1 No No No No No No No No Taxi de~ot NO No No NO Yes Yes No Yes No No No Town houses No Yes Yes NO BP No NO No No No No .T~o-famil~dwell~n~ NO Yes Yes No No No NO No No No No ~e~,~ hospital No No No No No Mo No No No ~es No ~--n~ and No No No No No No No Yes No1 Yes Yes 1 See detailed district use regulati~lS. BP . with Special Permit only. NOTE: This chart is for ammmry informational purposes only and is not a substitute for the detailed district use regulations contained in Section ~ of this By-la~. Section (1) The removal of sod, loam, soil, 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 maybe 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 concerned, indicating existing and proposed elevations in the area to be excavated and stating the ownership and boundaries 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 pemit granted hereunder bytheBoard 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, I (d) distance between edge of excavation and neighboring properties or ways, (e) temporary or permanent approved drainage, (f) the posting of security or bond, (6) 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 (~) 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 -2?- 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, sandt 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. Section 6 DIMENSIONAL P~QUIREMENTS Minimum lot areas for uses in each district shall be as set forth in Table 2, Summary of Dimensional Requirements, which is hereby made a part of this by-law. (1) In determining the b,l*illment of the m~imum area andmir~mum street frontage of lot required in any zoning district, there sh~ll 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 boun~iug such lot which if extended would intersect, the area and frontage re~,~ed in such lot shall be computed as if such potentially intersecting ]~nes were so extended; but if a curved line more than seventy- five (75) feet in length is the whole of any one boundary !~,~e of a lot, the minimum area and minimum frontage required sh~l! be determined entirely within the 1Shes bounding such lot, including such curved No lot, upon which is then located any buildtugs or with respect to which a permit h~s been issued and is then outstanding for the erection of any building, shs~ be subdivided or reduced inareainanymannerunless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this By-law except as maybe permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no buil~ng permit or other permit shall be issued with reference to any of the land so transferred or to the lot (s) ret~neduntil sl~ of such landand lots meet the requirements of this Zoning By-law. Any land taken by eminent doms~n 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 ST~T FRONTAGE Minimum street frontage sh~l! be as set forth in Table 2. In no case shall actual street frontage at the street line be less then 75 feet. Corner lots shall be required to have the required frontage only on one street, YARDS (SETBACKS) Minimum front, side and rear setbacks shall be as set forth in Table 2. Buildings on corner lots shall have the req,,!red front setback from both streets except in Residence & District where setback from the side street sh~11 be 20 feet minimum. 6.~ ,, BUILDING HEIGHTS Maximum heights of buildings shall be as set forth in Table 2. is defined in Section 2. "Building height" -29- Tbe foregoing limitati~s of height in feet in the zoning districts designated 8h~1.]. not ap~ t~ f~A~ bl,~l~4~s on farms of not less than ton (10) acres area, nor shall they apply to c~4meys, veatilatore, skylights, tanks, bulkheads, pent- houses, process~-8 to.era and other accessory structural features usually erected at a height greater tha~ the ~ roofs of any buildings, nor to domes, bell to.ers or spires of churches or other b;~!&4n~s, provided rill such features are in no ~ay used for llvin~ purposes, and further provided that ne such structural feature of _~y non-~ufacturing building shall exceed a height of sixty-riva 1~8~! feet fro~ the ground nor cfa ~anufacturing b-~ld~ug a height of eighty-five feet fro~ the ground except by per~ ssien of the Board of Appeals acting under G.L. Ch. ~OA. ~.-m lot coverage by buildings shall be as set forth ia Table 2. LOt ceverago shall mean the percont of the lot covered by principal and accessory structures. 6.6 Maxinum floor area ratio (FAR) s~l~ be as set fforth in Table 2. FAR is the ratio hot.eon the total a~unt of building floor area on ~ ~ usable floors and the area of the lot en which it is located. 6,7 Haxi~um d~11.lng umit density (d~lling units per acre) shall be as set forth in Table 2. 6.8 (2) The residen~ial lot areas and frontages above required and listed in Table 2 shn~ not apply in a~y reeidonce district to an~ let of less area or less frontage than above r~p,~ed if such lot be not adJo'lned by other land of the same o~r, available for combination with or use in eo~nectic~ ~ith such lot, provided that the applicant for a building permit on any such lot sb-~l shoe by citati~s froa the Essex Cowry Registry of Deeds incorp- orated in or attached to such applicati~ that such lot was la~f,,~¥ 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 shrill be kept open and not built upon a front yard and a roar yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide. ~n Residence ~ Districts only, t~o or more vacant lots, mut,,*~ly adjoining,. may with a Special Per-it fro~ the Board of Appeals be peraitted to be combined into a nee 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 sho~n to the Board of Appeals that each of said vacant lots before combination ~as of less area or less frontage than required herein and, by citations froa the Essex County Registry ef Deeds, that each such lot was laef, n~y laid out and duly recorded by plan or deed prior to the effective date of this By-Law and the Builcl~ Inspector shall per. it the co~structic~ of one single family d~elling on each such 10,000 sq,,are foot lot. 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 Sl-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. Table 2 SUmmARY OF DI~NSIONAL REQ~S Res. 1 Res. 2 Res. 3 Res. 46 ires. 56'7 Bus. 1 Bus. 2'~ Bus. 3 Bus. 4 ~s Ind. 1 Ind. 2 Ind. S, Lot Area-mini-~ mum (sq. ft.~ ' .~5,~40 43,560 25,000 12,5005 !43,5505 25,000 25,000 120,O00 80,000 27,000 80,000 80;000 Height maxi~-- minimum (ft.. ~ 175 150 12~ 1CO 1~O 12~ 12~ ~OO 200 12~ 1~0 1~0 l~O Side setback- · inimum (ft.I, ~0 ~0 20 15 25 202 2? ~ ~0 2~ ;03 ~ 202 Rear setback- · ~um (rt.7 ~0 3o ~o ~o 3o 3o~ 30~ ~0~ ~o ~2 ~o~ ~o3 ~o~ Fleer Ares Lot. Oov~rage- D~etling Unit Maximum/acre lly: 12 Townhouees ? Front setback shall be a minimum of 1OO feet along Route 11~, regardless of district, end 100 feet along Route 125 in Industrial 1 and 2 Districts· the first 50 feet of front setback under this requirement shall be planted end landscaped and no parking shall be permitted. Adjacent to residential districts, an additional 15 foot side or rear setback shall be pro~ided. This additional setback area shall be maintained open and green, and suitably landscaped, unbuilt upon, unpaved and unparked upon. In the Business 2 ~istrict the side yard requirement may be eliminated when two adjoining property owners a&ree to share a party wall. Adjacent to residential districts (including those in bordering towns), en additional 50 foot side or rear setback shall be required. This additional setback area shall be maintained open end green, and suitably landscaped, un- built upon, unpaved and unparhad upon. If 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 ~. Minimum lot size for a townhouse complex shall be &3~560 square feet although individual townhouse lots may be a minimum of 3,000 square feet. Minimum lot size for en apartment complex =hall he 60,O00 square feet. Dimensional reguletinns for townhouse complexes shall meet the requirements of the Residence 5 Districts individual townhousee within the complex, however, shall be regulated as follows: Minimum Street Frontage: 18 feet ~tnimum Rear Setback: ~0 feet ~inimum ?rent 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 ~nits; othe~wine Maximum Number of a 25 foot side setback shall be Contiguous Units: 10 provided. The following additional requirements shall apply when apartments or townhouse complexes ere annstructed in this district: (a) There shall be s paved drive~ay or paved ~alk adequate to accommodate emergency vehicles ~ithin 50 feet of the outside entrance of each dwelling unit. (b) Any road providing access to townhouses or lots intended for townhousee shall conform to the subdzvision control regulations of the Planning Board. (c) Any road or driveway providing principal access to more then 18 apartment duelling units or more than 24 parking spaces shall conform to appropriate provisions of the subdivision control regulations as if it were a minor residential street. Before issuing a building permit in such cases the Building Inspector shall obtain a report from the Planning Board on the exigent of such conformity. (d) Maximum height (apartment building): &O feet. (e) Maximum stories of living quarters (apartment building): (f) Maximum units per structure (apartment building): 18. In Residence ~ Districts only, front setOack may be the average of all front setbacks of dwelling units within 250 feet on ~ither side of lot. Nursing and convalescent homes shall have at least 600 square feet of let area per bed. Nimimum lot size for such homes in Ri, R2, and R3 districts shall be 2 acres. -32- Section 7 SUPPLE~E. NTARY REGULATIONS Whenever a building is erect, ed, 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 cont~ing 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: M'.zpimum Sp. aces Required One or two-family residence. One space per dwelling unit. Three or more family residence (including apartments). 1.50 spaces per dwelling unit of two 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 gover-~ent assisted programs. All other places with sleeping accommodations including rooming houses, hotels, motels, hospitals, nursing homes, etc. One space per sleeping room for single or double occupancy. (If occupancy ex- ceeds two per room~ one space per two bed: shall be provided.) Auditoriums, theaters, athletic fields, funeral parlors, and other places of assembly. One space for each four persons based on design capacity of the facility. Restaurants and other eating and drinking places. One space for each three seats. Retail store and service establishments. Six spaces per 1, OOO square feet of net ground floor area (excluding storage area~ except five spaces per 1,0OO square feet of net ground floor area (excluding stora~ 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 1,0OO square feet of net floor area (excluding storage area). Warehousing, wholesaling, distributing. One space per 1,0OO square feet of gross floor area. Manufacturing, assembly, fabricating, etc. One space for each two employees in the maximum working shift or one space for each 1, OOO square feet of gross floor area, whichever is greater. (3) (5) (6) (7) (8) (9) (lO) (ll) 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. 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. 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. The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a ~ritten request of the owner and after a public hearing, authorize the ~:uilding 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 maybe limited as to time, use or intensity of use. A parking space shall mean an area of not less than 9x18 feet accessible over unobstructed driveways. These spaces shall be graded and paved for all except one or two family residential uses. For multi-family dwellings the front yard shall not be used for parking purposes. In all residential districts the front yard shall not be used for parking for accessory uses. 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. Ail other rec- reational vehicle and boat storage (if any) shall be within closed structures. 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. 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 hy either: (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. 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 AUTOMOBTLW. 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 sh-ll 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 maxiumwidthof driveways and curb cuts measured at the street lot line or lines mhall 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: lb) From interior lot line: c) From other driveway on same lot: 20 feet 10 feet 20 feet The minimum setback of any building from all street lot lines shall be 40 feet. (5) The minimum setback of gasoline pumps from ~11 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. (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 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 shove finished grade. 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 maybe interrupted by normal entrances.or exits and shall not be requiredwithin ten feet of a street lot line. Section 8 NONCONFORMING USES 8.1 ~I~A~E 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 maybe 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 ~]l 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. 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 budlding is located, or except as maybe permitted other- wise by the Board of Appeals acting under G.L. Ch. ~OA. ABANDONMENT If any lawfu]]y 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. Section 9 ADMINISTRATION The North Andover Zoning By-law shall be enforced by the North Andover Build4ng 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 maybe 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 n~me of the Town of North Andover to prevent, correct, restrain or abate any violation of this By-law. ~. 1..1 B,,~ldt n~ 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 buildingand 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 Violatiom 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. · 9.2 BOARD OF APPEALS ~.22 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 &OA, 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 bythe Selectmen in the manner provided by statute. Basis for Appeals Anappeal 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 by 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 appealshall be taken within thirty days, as provided by Section 16 of Chapter ~OA of the General Laws. 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. SP,E~, ,IAL PEP~T The Board of Appeals may grant a Special Permit after public notice and hearing in such cases as are set forth in this By-lawt subject to the requirements and procedures set forth herein. 9-3,i , Condition for Approval of Special Permit (i) 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. (2) (d) Adequate and appropriate facilities ~ill be provided for the proper operation of the proposed use. 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 w~lle, 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. T~ORARYPE~MIT 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. 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. ?.6 A E, NDMENTS 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 Sec%ion 6 of Chapter &OA of the General Laws. ?.61 Appl%cation ,and Hearin~ The Planning Board shall hold a public hearing on an~ 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. ?.62 Action Taken Under Prior By-Law Except as otherwise provided in Section 11, Chapter AOA 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. 9.6 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. ?.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 the use o£ premises. Nhere th~s By-~aw ~mposes a ~reater 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. VALIDITY The invalidity of any section or provision of this By-law shall not invalidate any other section or provision thereof. ., �. '_ .. .... ., . - �. T - ' r