HomeMy WebLinkAbout1974 ZONING BY-LAW Town of
North Andover, Massachusetts
1972
Repr'J.n%ed July,
PLANNING BOARD
CHARLES W. TROMBLY, JR., Esq., Chairman
DONALD N. KEIRSTEAD, Vice Chairman
FRITZ OSTHERR, Clerk
WILLIAM CHEPULIS
JOHN J. MONTEIRO
To~n of
North ~udover, l~assachusetts
CH~.~-#. T~0~BLY, JR., Esq., Chairman
DONALD N. KEIRSTEAD, Vice Chairman
FRITZ OSTHERR, Clerk
NTT.T.TA~
JOHN J.
NORTH ANDOV~, ZONII~,, BY-LAW - 1~72
CONTEMPTS
Section
Section
Section
Section
3
3.1
3.2
3-3
4.1
4.2
4-3
Table 1:
PURPOSES
DEFINITIONS
ZONING DISTRICTS AND BOUNDARIES
Establishment of Districts
Zoning Map
District Boundaries
BUILDINGS ANDUSESPERMITTED
District Use Regulations
Accessory Uses
Access to Buildings
Summary of Use Regulations
Pa~e
1
2
Section
Section
Section
Section
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
Table 2:
7
7.1
7.2
8
8.3.
8.2
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-CO~FORMING usES
Continuance
Alteration or Extension
Rebuilding AfterCatastrophe
Abandonment
Section 9
9.1
9.~
9.12
9.~
9.2
9,3
9.~
9.6
9.7
9.8
AD~N~STRATION
Enforcement
Build~ng Permit
Certificate of Use ~ ~cu~cy
P~ty for Violation
~a~ of A~s
S~ci~ Pe~t
T~r~ Pe~t
V~ce f~ ~ By-Law
~ts to Zo~ ~-Law
~ct of Laws
V~ty
Page
To~n of North Andover Zo~g 9y-Law adopted at the Special Town Meeting of
June 5~ 1972 (Articles ll-A and ii-B). Approved by the Attorney General
on AUgust 2, 1972, posted August ~, 1972.
Thereafter AMENDED:
Special Towa Meeting, December 18, 19~2 (Articles 1 and 2)
(Approved by Attorney General ~-~-73; posted ~-20-73)
1973 Annual To~n ~eeting (Article 11) (Approved by Attorney General.
~-3-73~ posted 5-17-73)
Special Town Meeting, June 25, '1973 (Articles 6 and 7)
(Approved by Attorney General 8-29-73; posted 9-~-73)
197~ Annual To~n ~eeting (Articles 13, 1~, 15, 16, 17, 18, 19,
20, 21 and 22) (Approved by Attorney ~eneral 5-21-7~
posted ~-2~-7~)
Reprinted July,
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 regulatinq and restricting the use of land and buildings
thereby:
1. encouraging the most appropriate useof 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,
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" i~cludes
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
Accessor~ 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, used 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 ag 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
2.28
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.
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 b~ 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
Dwellin9
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-famillf
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
Dwellin9, 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
Dwellin9 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
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 p~ovision is made for cooking
in any individual room or suite.
2.42Loading 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, enginuer or other pro-
fessional perso~ 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 providihg 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
Plannin~ Board
The Plannin~ Board of the Town of North Andover as governed
by .the General Laws of Massachusetts.
Public Buildin~ or Use
A building or use owned or operated by a local,
county, state or federal governmental agency.
2.61
Roomin9 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 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,
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 ?DNIN~ DIS~IOT,S. AND BOUNDARIES
~.1 ESTABLISHMENT OF DISTRICTS
The town of North Ando~er is hereby divided into zoning districts designated
as follows:
Residence 1 District
Residence 2 District
Residence 3 District
R~aidence ~ District
Residence 5 District
Business i District
Business 2 District
BusineSS 3 District
Business 4 District
General Business District
Industrial i District
Industrial 2 District
Industrial "S" District
The zoning districts established by this By-Law are bounded as shown on a map
entitled "Zoning Map of the Town of North Andover", dated May 12t 1972, as
the same maybe adopted by the Town, and as it may hereafter be amended. Said
map accompanies and is hereby made a part of this Dy-Law. Andy land area not
designated upon said map as being within another zoning district shall be with-
in the "Residence 2 District."
~.~ DI~ ,T~ICT BO,UND~RIES
Where uncertainty exists as to the boundaries of any of the aforesaid districts
as shown on the Zoui~g Map, the Building Iuspector shall determine the location
of such boundaries. In reaching any such determination, the Building Inspector
may properly rely upon the sccuracy 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.
Section ~ B,, ,U~LDXB~S AND USES
4.11. General Provisions
(1)
In the zonimg districts above specified, thefollo~ing designated
buildings and alterations and extensions thereof and buildings
accessory thereto~and the following designated uses of land,
buildings, or parts thereof ami uses accessory thereto are per-
mitted. All other buildings and uses are hereby expresslyprc-
hibitede
When a lot in one ownership is situated in part in the Town of
North Andover andinpart in anadjacent town or city, the
provisions, regulations and restrictio~ 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 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.
4.121
&.121
Permitted Uses
Residence 1 District,
Residence 2 District and
Residence ~ District
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 nameplate 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
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.
Heal 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.
(7)
(a)
(lO)
(13)
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 addi'tional 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.
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 pool, s re located to the rear of the front
builH~ug line of the house and no closer to a side .or rear lot
line than ten (10) feet.
Museums.
FMuc ational facilities.
Public .building and public service corporations '(Special Permit
req,,tred), but not including public works garages.
course.
Swimming and/or termzts clubs shall be permitted with a Special
Permit.
Cemetery.
(1~) Nursin~ and' Oonvalescent home - see d~mensional r~q-t~ements
0£ Table 2- (Specia~ Permit required.)
Municipal recreational areas.
· U~ accessory use custemar~ly incident to a~ of the abe~e
permit%ed uses, pre~ded that such accesaery use shall be met
injurious, nexieus, or offeasive te the aeighberheed.
Residence ~ Die%riot
(1) One-family
(2) P~ace of ~ersh~p.
(3) Resting rcems for d~el~-~ p~rI~see or f~trai~h~ table ~
to mt ~ ~ fo~ ~rs~ ~t m~bers of t~ f~ ~
~ a d~ so ~t ~d~ ~ be ~ ~ or ~v~
t~s~ ~ ~ch d~ or ~ts ~t o~r t~ a ~ ~ ~
si~ ~t to ~eed s~ (6) ~c~s'~ t~f~ (~) ~s ~
~, ~d~ ~~t ~ ~ ~ ~or
~ter~ ~ for su~ use.
(6)
Home occupations provided there be n~ displ~ and ~ exter~r
advertising except aa aaaeu~caaent sign net to exceed six (6)
inches by t~mty, four (Z~) inches and previded that ia a~
d~ell~n~, such here eccupatie~s shall be carried om by ~e% rare
thaa f~ve persoms of ehom at least-aae shall reaide in such
d~el~tn~.
Reel estate si~ne ~et to exceed t~aaty-feur (2~) inches
th~rty-sSx (36) incbee ~ s~ ~ch s~ ~se ~
r~t~, ~e or s~e ~ the ~ ~es u~ ~ ~ ~
a) F~ of field ~ ~ ~ c~, t~ek ~,
p~t m,~series~ ~ ~e~
b) ~ ~ let of st le~t t~ (-3) acta, ~e ~
of ~ ~re t~ t~ (3) ~ ~ ~ er ~~t of
the keep~ of ~ ~ti~-~ ~ er ~ b~t ~ ~
ef ~ ~ ~, er~ts .f ~rso~ ~
c) On amy let of at least ten (10) acres the keeping of a~
number of a~me~ e Or b~-'ds regardless of e~nership asd the epersti~
of equestrian riding acedea,~es, stablest stud farmer dairy farmer
a~d peultry batteries.
d) The sale of products raised as a result of the abe~e uses
the subject l_~.~.
(7)
(9)
(lO)
Swimming pools in excess of two feet depth shall be considered a
structure ami 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 resi~g at the pool location a~ further provided
that such pools are. located to the rear of the front b,,~lding line
of the house and no closer to a side or roar lot line than ten (10)
feet.
M~e~se
Educational facilities.
Municipal building and public service corporation use (special
permit required). (197~.)
Golf course.
Swimming and/or tennis clubs shall be permitted with a Special Permit.
Cemetery.
Duplex or two family cheel ~gs including the right to convert ar~
existing dwelling to accomodate not more than five family units by
special permit from Zoning Board of Appeals after a public hearing
with due notice givens provided=
(a) The lot area per structure so converted shall be not less than
twelve thousand five hundred (12t~O0) square feett and the
street frontage width of such lot shall be not less than one
hundred (100) fee~i unless other~Ase permitted by the Board of
Appeals.
(b) No major exterior structural changes shall be made. The right
to convert sBell apply to any dwelling under the ownership of
one sing~le person, partnership, or corporation to be converted
for use as dwe~A~gs of not more than five f_~m~ly units~ and
meeting all requireme~ts of the State and Town Statutes and
By-Lawsg inclu&~g Health Codes~ Safety Oodes~ Building Codes,
Zcaing Laws, and Zoning By-Laws.
(c) Stairways leading to the second or an~ higher floor sh~l be
enclosed.
(,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-
mitred uses, provided that such accessory use shall be not in-
jurious, noxious, or offensive to the neighborhood.
Residence 5 District
(1)
(5)
(6)
One-family dwelling.
Place of worship.
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.
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.
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.
(7)
(8)
(9)
(ii)
(16)
(i7)
(is)
(2o)
Swimming ,pools in excess of two feet depth shall be considered a
structure and permitted provided such pools are enclosed by a
suitable w.1] 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 lin~ than ten feet.-
I~useuI~s.
Educational facilities.
Public building or use and public service corporations (Special
Permit required)t but not including public works garages.
Golf course.
Swimming and/or tennis clubs shall be"~ermitted with a Special Permit.
Cemetery.
ToWn hOUSeS.
Guest or rooming houses.
Nursing and convalescent homes (Special Permit required).
dimensional requirements of Table 2.
See
Multi-family dwellings.
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 l~O00 square feet or part thereof of
such floor space shall reduce the permitted number of dwelliug
units by one.)
Hotel or motel (Special Permit required).
Parkingt 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.
, Busi~,,ess i District.
(1) Retail establishments.
(2) Personal service establishments.
(3) Professional offices, banks, real estate offices aud insurance
offices.
(&) Eating or drinking uses may be 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.
(8) Art gallery.
(9) Residential use.
(lO)
(il)
a) Farming of field crops and row crops, truck gardens, orch~rds,
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 k/nd 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 &en (10) acres, the keeping of any
number of animals or birds regardless of ownership and the operation
of equestrian riding academiest 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 accessery 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) 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) Swimmi~-~ and/or,temPs clubs s]~=~ be permitted with · Special
Permit.
(9)
(lO)
(13)
(l?)
Place of worship.
Eating and drinking establishments.
Nonpr~fit 8ch~el or private SChoeA for prefit or mom.
Indoor place of amusement or assembly.
Automobile service station (limited t~ one in each 2,000 linear
feet of street or highway as measured along centerline).
Medical centart clinic or medical laboratory.
Funeral parlor.-
Multi-fa~ly dwellings and to~ houses (~ith Special Per-it).
Public perldmg garage.
Taxi depot.
Printing and reproduction.
a) Farming of field crops and roe Crops, truck gard~_~_~, orchards,
plant nurseries, and greenhouses.
h)
On ar~ 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 a~dition to the household pets of a faro4 ~y living on such
lot, and for each additional acre of lot size to nine (9) acres
the keeping of one additional am4mal or bird~ but ~t the keep~xg
of any animals, birds~ or pets of persons not resident on such lot.
c) On ar~v lot of at least ten (10) acres, the keeping of an~ number
of animals or birds regardless of o~nership end 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.
Residential use where such use is not more than 50 percent of the
total floor space in the structure.
Parking, indoor storage and other accessory uses associated with
the above uses, provided that such accessory USe sb-ll not be
injurious, noxious, or offensive to the neighborhood.
~. 12,6 .....Busines~..~ District
·
(~)
(6)
(7)
(~)
(9)
(lO)
(n)
(].3)
(l~)
(l~)
(l~)
(l?)
(l~)
(l~)
Retail establishments.
Personal service establishments.
Professional offices, banks, real estate offices and insurance
offices.
Business and other offices.
Public building or use and public service corPoration.
Art gallery.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
Place of worship.
Eating and drinking establi,shments.
Nonprofit sch~el or priwate 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 centerline.)
Medical center, c]i~ic 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 k~eping of one additional animal or bird; but not the keeping
of any animals, birds, or pets of persons not resident on such lot.
-17-
c) On any lot of at least ten (10) acres, the keeping of any
nm~ber 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.
Busimess '4 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.
(~) Place of worship.
(5) ~npr~fit 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 2,000 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.
(11) Swimming and/or tennis clubs shell be permitted with a Special
Permit.
(12)
(13)
Printing and reproduction.
a) Farming of field crops'and row crops, truck gardenA, 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 ri~teg 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 Sh~ll not be
injurious, noxious, or offensive to the neighborhood.
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 ~)41dings
such as post office, telephone exchange, to~n offices, school,
library, museum, place of ~orship, local passenger station.
(3) Hall, club, theatre or other place of amusement or assembly.
Automobile service sad f~l~ng stations, automobile storage and
repair garages including automobile body rep~t~s and painting,
and automobile sa~e 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 isuch 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-
mitred uses, provided that such accessory use shall be not in-
jurious, noxious, or offensive to the neighborhood.
4.12~
(3)
Industrial 1 District
(1) Research and development facilities.
(2) Business, professional and other offices.
Acceseery retail, personal service and eating ami drinking use shall
be permitted in an amount not to exceed five percent, of total
gross floor area of, the principal uses.
(6)
(7)
(9)
(lO)
(12)
Place of worship,
Nonprofit school or private school for profit.
Public buil~ug or use and public service corporation.
Medical center, clinic or medical laboratory.
Art gallery or museum.
Swimming and/or tennis clubs a~or i~oe~ X~e ,skat~ f&cil~ties
sh~ll 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 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, smoket
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.
(16)
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 ri~ng 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
US e.
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.
Industrial 2 District
Research and develol~nent faci~ties.
Business, professional and other off~ces.
Aceem~yretail, personal service and eatinganddrinkinguse sB-!~
be permitted in an amount not to exceed five percent of total gross
floor area of the principal uses.
(~) Place of worship.
(5) Nonprofit school er private scheol fer profit.
(6) Public b,,~l~ng or use and public service corporation.
(7) Medical center, clinic or medical laboratory.
(8) Art ga~lary.
(9) Swimming and/or tennis cluSs shal~ be permit~adtrlth a Special
Permit.
Printing and reproduction.
Helistop (defined as a la~at~g and takeoff place for a helicopter
but not including fact li ties for storage or major repair of heli-
copters). Special Permit required.
Light manufacturing including manufacturing, fabrication, processing,
finishing, assembly, packing or treatment of articles or merchandise,
provided such use~ are conducted solely within a buil~t~g and further.
provided that such usgs are not offensive, noxious, detrimental or
dangerous to surrounding areas or the town by reason of dust, smoke,
fumes, odor, noise, vibration, lighg or other adverse environmental
effect.
(13) a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and greenhouses.
b) On ar~ lot of at least three (3) acres, the keeping of a total
of not more than three (3) of any kind or assortment of auimals or
birds in addition to the household pets of a family livin~ em 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, dairy farms, and
poultry batteries.
d) The sale of products raised as a result of the above uses on
the subject land.
W~rehoueing and wholesaling.
GO]~ couPse.
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.
Bus garage.
Automobile service station (limited to one in each 2,000 linear
feet of street or highway as measured along center]ine).
Oar wash,
Automobile or other motor vehicle repair, provided all activities
are within an enclosed building. :
Veterinary hospital and kennels, provided all activities are
within an enclosed building.
Parking, indoor storage and other accessory uses customarily
associated with the above usest provided that such accessory use
shall not be injurious, noxious, or offensive to the neighborhood.
4.131
Industrial "S" Distr.~q~
(1) Research and development facilities.
(2) Business, professional and other offices.
(3) Place of worship.
(~) ~onprofit sch~el er private school for profit.
(5) Public bui~g or useand public service corporation.
(6)
(?)
Printing and-reproduction.
Light manufaeturing including manufacturing, fabrication, processing,
finishing, assembly, packing or treatment of articles or merchandise,
other commercial non-refit ~ 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 to~n by reason of dust, smoke, fumes~ odor, noise,
vibration, ]~ght 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.
(9)
(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.
(11) Bus garage.
4.2 ACCESSORY USF~
(1)
Accessory uses, as defined herein, shall be on the same lot with
the building of the owner or occupant, and shall he such as do not
alter the character of the premises on which they are located nor
impair the neighborhood.
Where manufacturing of any kind is allowed 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.
4.3 ACCF~S TO BUILDINGS
No'private way giving access to a building or use not permitted in a residential
district shall be laid out or constructed s° as to pass through a residential
district.
Table 1
~_c-~&-~al Use1 ~ ~es Yes Ye~ Yes Yes Yes -Yes NO Yes Yes j Yes
Auto se~ce p+~+-~ ~ ~ ~ ~ yesA Yea~ No YesA ~ ~ ~ Yssa ~ ~
Au~ & ve~le ~ ~ ~ ' ~
{ . ~ Yes Yes ~ Yes Yes ~e8 ~ Yes i
Ce~e~ar~
Funeral NO
Ouast house ~o Yes
No NO
Medical cent, er1 No 1~ i ~
New oar sales1 No No I No
NO No ; No No
No Yes
Yes
No NO
No
Yes
Yes Yes
No No
No No
Yes Yes
No No
No No
Yes Yes
' ~ Yes
houses
es
Section
il)
EARTH MA~IALS ~OVAL
The removal of sod, loam, soil, clay, send, Eravel, or stone from any
land in'the Town of North Andover not in public use is hereby pre-
hibtted except such removal as may be authorized in ar~ zon/~: district
by a permit issued by the Board of Appeals and except Such remeval 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 hearin~ on such application by the
Board of Appeals. Such application shall include a dia~am to scale of
the lend concerned, indicating existing and proposed elevatinns in the
area to be excavated and statin~ the ownership end boundaries of the
for which such permit is Sought, the ~emes of ;ll adJoin~ c~nars as
found-in the most recent tax list and the approximate lecations of ex~st~n~
public and Private lands nearest to such land. ~otice of said public
hearin~ shel~ be as provided by law and shall~ be paid for by the petiti~.
A copy of any permit ~rentedhereunderbytheBoardof&ppeals, stati~
all of the conditions imposed, if ar~, includtn~but not limited to ~4-tta-
,ion of such removal in:
(a) extent of time,
(b) area and depth of excavation,
(c) steepness of slopes excavated,
(d) distence betweened~e of excavation and-neig~bor~ properties or ~ys,
(e) temporary or permenent approved drainage,
(f) the postir~of security or bond,
(8] the replacement of not less thens~x(6) inches of top-so~lo~erthe
whole of any a~ea from w~ich earth materials are removed where the
location of such removal is afterward to beceme a reaidentialsub-
division, or,
(h) in the case of continuing send 'or ~ravelpit operations in onegenaral
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 ar~ application for such,
sis,Lng'the reasons for such denial, sb~ be mailed forthwith by the Board
to the parties in interest, includin~also the Plannin~ Board a~Mthe
Building Inspector.
(3)
This regulation shall be deemed not to prohibit the removal of such sod,
loam, soil,i clay, send, ~ravel or stone as may be required to be excavated
for the purposes of constructin~ foundations for buildin~ or other allow-
able structures for which b-t~din~ permits have been issued, or for the
purpose .of constructing ways in accordance with lines and ~radee approved
by the Plannin~ Board or by. the Board of Appeals or for the purpose of
constructing utilities or other engineerin~ ~orks for public service or
for the purpose of leveling an area for an acceptable residential sub-
division. Nor sb~ll this re~atlationbe, de~med to prohibit the transferral
of sod, loam, so/l, 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.
Section ~ D~NS~ONAL I:~U~NTS
~.l LOT ~
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.
(l)
(2)
In determining the fulfillment of the minimum area and minimum street
frontage of lot required in any zoning district, there shall not be in-
cluded any land withim 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 llne not more than seventy-five (75) feet in length connecting
other lines boundiug such lot which if extended would intersect, the area
end frontage required in such lot shall be computed as if such potentially
intersecting l~nes were so extended; but if a curved 11ue more than seventy-
five (75) feet in length is the whole of any one boundary line of a lot,
the minimum area amd minimum frontage required shall he determined entirely
within the lines bounding such lot, including such curved liue.
No lot, upon which is then located any buildings or with respect to which
a permit has been issued and is then outstand~ug 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
req,,~wements 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)
ret~4ued until ~11 of such land end 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.
s F ON .A E
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.~ YARDS (SETBACKS)
Minimum front, side and rear setbacks shall be as set forth in Table 2, ex~e~
for eaves and uncoveredsteps. Bu~ldin~oncoraer lets ~haI~bav~tha-required
front setback ~r~bo%h streets except in Residence ~District ~ere ~e%baekfr~a
the side street shall be 20feetedm~mmm.
6.~ BUILDING HEIGHTS
Maximum heights of buildings shall be as set forth in Table 2. "Buildingheight"
is defined in Section 2.
~he fore~oing limitations of height in feet in the zoning districts designated
shall not apply ~o faru buildings en farus of no~ less than ten (10) aoree area,
houses, processing towers and other aceeesory structural features usually erected
at a height greater than tho main roofs of any buildings, nor to domes, bell
towers or spires of churches or other bullfights, provided all such features are
~t no Wa~ l~ed for ~Ly'ln~ pUFpOBSSt ~ ful'bhSF ~rovided that no such structural
feature of any noa-m_anufacturing building shall exceed a height of eixt~-five
/68~t feet from the groun~ nor oft manufacturing b"4]~n~' a height of eighty-five
feet from the ground excePt by Permissi°n of the Board of Appeals act4n~'
under G.L. Ch. ~OA.
Maximom lot coverage by bELl~ shall be aa set forth in Table 2. Lot ooverage
shall mean the percent of the lot covered by principal and accessory structures.
6.6
Maximum floor area ratio (FAR) Sh-ll be aa set forth in Table 2. FAR is the
ratio between the total amount of h,,4~4.g floor area on all usable floors
the area of the lot en which, it is located.
Maximum dwelling ,m4t density (dwelling units per aero) shall be as set forth
in Table 2.
sza o
The residential lot areas and frontages above re~,4-ed And listed in Table
2 shall not app~ in ar~ residence district to ar~ lot of less area Or
less frontage than above re~flred if such lot bo not adjoined by other
land of the same ouner~ available £or combination with or uae in connection
with such lot~ l~ed that the applicant for a building permit on ar~ such
lot shall show by eitati°~s ,from tb~ Essex County Registry of Deeds incorp-
orated in or attached to such application that such lot was lawfully laid
out aud duly recorded by plfn or deed prior to January 9t 1957 and provided
that on such a lot there sha~ bo kept Ol~n and not b~t upon a front, yard
and a rear yard each not less than 20 feet despt and t~o side yerdsj each
not less than ~2 feet ~de~ end further pro~dedo that ouch lot eha~ have
a ~4~4~u~ street frontage of ~0 feet and a ednimu~ lot area of ~j000 e~are
feet,
~_~ Residence ~ D~et~ets o~yt~ or ~ore vacant lores ~utual~ adJo~nin~j
m~y,,,~t~ a Special Pe~t fro~ 'tho Bosrd of Appe~s be per~tted to be
combined into a ne~ lot or lots of not less than 10~O00 squar~ feet area
eacho and with ~et lose than 100 feet street fron~, provided it 'be sheen
~o the Board of Appeals that each of said vacant lots before o~nb~netion
was of less area or lees frontMe than required~,herein and, by citat~ono
from the Essex, County Registry of Desdst that each such lot was
~l~d out and duly recorded by plan or deed pr~or to January ~ l~? and
~ ~t4~d4~l~ ~l~pe~r 8hl.'L3..pez~Bit tho constr~ct~on of one 8:~e
d~e~ on each such 10~O00 square foot ~oto
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
~1 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
SUf~ARY OF DIf~NSIONAL RE~UIRE~NT.~
Street frOntage-
'~,- (ft.] 17~ 1~O ~ 1~ . 1~0 ~ ~ ~' ~.{ 12~ ~ 1~0 1~0 { 1~ ~
~b wetback1
.~ (:~.) ~o ~o ~ ~o~ ~ ~ ~, ~ ~o ~ ~o ~o j ~o j
~ (~,) .>o
Re~ eet~ck- I
F~r Area{ ~ { 0.~1
~,~ N/A N/A N/A N/A 2~
FrOnt setback shall be a minima, of 100 feet along Route 11~t regardleeej of c~letrict, end 100 feet along Route 125
in ~nduetrial 1 and 2 Districts{ the first 50 feet of front setback under, this requirement shall be planted and
l~c~dscaped and nc parking shall be permitted.
Adjacent ts residential districts, en additional 15 foot side or rear setback shall be provided. This additional
setback area shall be maintained open and ~eon, and smtta~ly landscaped, unbuilt upon, unpaved end unparked upon.
In the Business 2 District the side yard requirement m~v be em~m{~ated when two adjoining property owners a~ree to
share a party wall.
Adjacent to reeidential districts (lncludin~ those in bordering towns), an additional 50 foot side or rear setback
shall be required. This additional setback area shall be maintained open and ~een, and suitably landscaped,
built upon~ unpaved ahd unparked upon.
If an encinsed parking structure ie pro. ideal, iot covore~e me~ be inore~sed up tc the amount of such parking are~
but not to exceed a total coverage of ~.,
Minimum lot size for a bawnhouse complex shall be ~3,~60 square feet although individual to~nhouse lots may be a
minimun of 3,000 square feet. ~mAmum let sise for en apartment complex shall be 60,000 square .feet.
Dimensional regulations for to~Jaucse cunplexee shall meet the requirements Of the Residence 5 District{ individnal
townhouees within the complex~ homever, shall be regulated as follows:
Minimum Street Frontage~ 15 feet ~tninum Rear ~etback: 30 feet
· haimum Front ~etback: 30 feet Maximum Floor Area Ratio: 1.20:1
~inimum 3ids ~etback{ none required where a party wall is ~lximum Lot Coverages
constructed between m~tts{ otherwise Maximum Number of
a 25 feet side setback shall be Oontigaous Units~ 10
provided.
The following additional requirements shall apply when apartments or to~nhouse complexes are constructed in this
district:
(e) There shall be a paved drive~ay or p~ved Wnlk adequate to eccem~odate emergency vehicles ~Ithin 50 feet of the
outside entrence of each dwelling unit.
(b) Ar~ read providing access to tmmhausee or lots intended for townhousee shall conform to the subdivision control
regulations of the Plan~ Board.
(c) A~y road or driveway providing principal access to mere then iS ape~tment dwelling units or more than 24 parkiug
spaces shall conform to appropriate provisions of the subdivisiOn cuntrol regalatiuna as if it were a minor
residential street. Bufo~e issuing a building permit in such cases the Building Inspector shall obtain a report
from the Plam~ing Board on the extent of such conformity.
Maximum height (apartment 'building): ~O feet.
(d)
(e)
if)
Maximum stories of livin~ quarters (ape~ment bvild~: 3.
Maximum units per structure (apa~-ment buildin~){
8
In Residence ~ Diet.icrc only, front setback may be the average of all front setbacks of dwelling units within
250 feet on either side of lot. ~ E ee~ f~ b~th
9 ~rsin~ a~d convalescent hemes shall have at least 600 square feet of lot area per be~. Minimum lot size fOr
such homes' in Ri, R2, and R3 districts shall be 2 acres.
-~c-
Section 7. SUPPLEMENTARY REGULATIONS
(1)
Use
Whenever a building is erected, reconstructed, moved or expanded so a~ 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-i~ix~
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:
One or two-family residence.
Three or more family residence
(including apartments).
All other places with sleeping
accommodations including rooming
houses, hotels, motels, hospitals,
nursing homes, etc.
Minimum Spaces Required
One space per dwelling unit.
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
designedand occupied for the elderly
under govermnent assisted i~rograms.
One space per sleeping room for single
or double occupancy. (If occupancy ex-
ceeds two per room~ one space per two beds
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.
Retail store and service
establishments.
Offices, research facilities.
Warehousing, wholesaling,
distributing.
Manufacturing, assembly,
fabricating, etc.
One space for each three seats.
Six spaces per 1,000 square feet of net
ground floor area (excluding storage area),
except five spaces per 1,000 square feet
of net ground floor area (excluding storage
area) in Business 1 and 2.
In addition, one-half the requirement for
uses on the first story shall be re~,twed
for each additional story.
Three spaces per 1,000 square feet of net
floor area (excluding storage area).
One space per 1,000 square feet of gross
floor area.
One space for each two employees in the
maximum working shift or one space for
each 1,000 square feet of gross floor
area, whichever is greater.
(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 re~ired 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!ess 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.
(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 ~;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 may be limited as to time,
use or intensity of use.
(6) A parkin§ space shall mean an area of not less than 9x18 feet accessible
over unobstructed driveways. These spaces shall be fraded 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 parkin~
for accessory uses.
(9) In residence districts parking or outdoor storage of one recreational
v~hicle (camper, etc.) and one boat per dwelling unit maybe 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 wi%bin 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 gara~in~ 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, ~t not countinz farm trucks nor
motor-powered agricultural implements on an agriculturally act~3e 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 hundre~ feet by either:
(a)
(c)
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
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 addition~ pleasure
vehicles may be allowed by Special Permit.
7.12 AUT~4OBILE S~VICE STATIONS AND OTH~ AUTOMOTI~ SERVI¢~q
Automobile service and filling station, 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 min~um frontage on a street shall be 150 feet.
The maXimum width of driveways and curb cuts measured at the street lot
line or lines ahall be 30 feet; the ~tinimum width shall be 20 feet.
(3) The minimum distance of driveways, measured at the street lot line or lines
shall be as follows:
(5)
(a) From corner lot line:
(b) From interior lot line:
kc) 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
~0 feet.
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 above finished grade.
(c)
Such screening shall be maintained in good condition at all times, and
shall not be permitted to exceed 5even 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.
Section 8 NONCONFORMIN~
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 contimued 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 build~ng 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 ~]] 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 bl permitted which tends to lengthen the economic life of
the nonconformity longer than a period reasonable for the amortization of
the initial investment.
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 Andqver Zoning By-law in the dis-
trict in which it is located, it shall thereafter continue to conform.
SF, CTIOt~ ? ADI,fINIS'rRATION
The North Andover Zoning By-Law shall be enforced by the North Andover ~,~la~g
Inspector. The Building T-~pector upon being informed in writing of a possible
violation of this BF-Law or on his own initiative, shall make or cause to be
made an investigation of facts and an inspection of the pre,tees where such
violation ma~ exist. The ~,~4~g Inspector, on evidence of an~ violation after
investigation and inspection, shall give written notice of such violation to the
owner and to the occupant of such pr,arises, and the Building Inspector sB_~l~ de-
mand in such notice that such violation be abated within such reasonable time
as ma~ be designated therein by the B,,41~n~- Inspector. Such notice and de~and
may be given by m.~ ~ addressed to the o~ner at the address appearing for B~m on
the most recent real estate tax records of North Andover, a~ to the occupant
at the address of the pre~isee of such seeming violatior,
If, after such ~otice and deemnd, 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 ~_--~ of the To~n o.f North Andover to prevent~
correct, restraAn or abate an~ violation of this By-Law.
~.~1~ Bu~din~ Per~t
No building ~hall be erected, altered, moved, rased or added to in North
Andover without a written permit issued by the Building Inspector. Such
permits shall be applied for in ~riting to the Building Inspector. The
Building Inspector s~ not issue an~ such permit unless the plans for
the b,,4~d~ug and the intended use thereof in all respects fulfill the
provisions of the North Andover Zoning By-Law (and other applicable to~n
by-laws) except as ~y have been specifically permitted otherwise by
action of the North Andover Board of Appeals, provided a written copy of
the ter~s governing any exception so permitted be attached to the applica-
tion for a b,,4ld~-E permit and to the buil~4~g permit issued therefor.
One copy of each such per~it~ as issued, inclu~4ug an~ conditions or ex-
ceptions attached thereto, shall be kept on file in the office of the
B,;~ ~ ~g Inspector.
In addition to the ~-*or~ation required above, a plot plan shall indicate
provisions for all other physical requirements of this ~y-lawt including
but not limited to off-street parking, screening and fencing.
Upon granting a per-it the ~ I~pector shall cause'a ce~ to be
posted on the property to which it relates tn & conspicuous place.
~.12 Certificate of Use'and OccupancZ No b,_,~_~_~,,~ hereafter erected,
er~ar~ecl., extended or altered shall be used or occupied in whole or in part
until a certificate of use and occupancy has been issued by the Building
Inspector. NO building or land changed from one use to another~ in whole
or in part, shall be occupied or used until a certificate of use and occu-
pancy has been issued by the Building Inspector. This certificate shall
certify compliance with the provisions of this By-Law and of all applicable'
Codes. (197~)
9.13 Penaltx for Violation Whoever violates a~ provisions of this
~-law shall be punished by a fine p~t excee~4ug $20.00 for each offense.
Each day that such violation continues sha~ constitute a separate offense.
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9.21
9.22
BOARD OF APPEALS
~2pointment and Organization
There shall be a Board of Appeais 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 AssQciate Members shall be appointed by the Selectmen
in the manner provided by statute.
Basis for A,ppeals
An appeal to the Board of Appeals maybe 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 Buil~ug 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 ~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.
The Board of Appeals may grant a Special Permit after public notice and hearing
in such cases as are set forth in this By-law~ subject to the requirements and
procedures set forth herein.
?.31
(1)
C0ndit.ion for Approval of Special Permit
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 will be provided for the
proper operation of the proposed use.
In approving a Special Permit the Board of Appeals may attach such
conditious and safeguards as sre deemed necessary to protect the
neighborhoodt 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.
Requirements of screening parking areas or other parts of the
premises from adjoining premises or from the street, by walls,
fencest planting, or other devices as specified by'the Board
of Appeals.
(c) Modification of the exterior featurea 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.
TEMPORARY PEPJ4IT
The Board of Appeals may grant a temporary use or occupancy permit for a period
of not more th~n one year at ~ 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 £rom the terms of this By-law
where, owing to conditions especially affecting a parcel of lend 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 ~rithout
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.
AIVI~NDMFJqT$ '10 ZONINO 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 ~OA of the General Laws.
Application and HearinK
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 sh~11 be
accompanied by:
(1)
Three blackline prints of a diagram to scale showing end stat~
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 m~jority 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 bymailing 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 Umder Prior B~-Law
Except as otherwise~provided in Section 11, Chapter ~OA 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 &OA of the General Laws.
9-7 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 of premises. ~here th/s By-law i~posee a ~reater restriction upon
the use, height, area and location of bu/ld~ngs and structures and the use
of premises than is ~posed by other By-laws, the provisions of this 9y-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.
Boston, Mass., February 5, 1947.
The within zoning map is hereby approved.
6