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HomeMy WebLinkAbout1943 ZONING BY-LAWTOWN CLERK NORTH ANDOV(~ M A$~ A C H U$1'T"T~ 6, 1958 or.ge Fin~old S6-Deral. of !~assachusetts v~,: J~[r. Fin~oldr Town i/,eetlng held in the Veteran's Auditorium H'~ Cckoc! on Sat~rda? April 7, 1956 the foll~in~ At.proximately ~0 registered voters were A true c~py~ AT fiF.$T ~ JOHN J, LYOn, ~tcu, ~aso~ May 12, 195~ t. or~c~Ing by-law is hereby approwed. ~-'' [['Lf '.l~ :'. see if the Town w:';l vote to adopt the following by-la~ .~'~ ~ ' ::~"tz.~ by Section 21A of ..... a~'t8r 40 of the General ~ws; Every z. . tt~e poi!ce, Fire anc ,!b~a~y dep~tmenta as well as ever~ e~.',:.w~ in tn~ tom~ infirmary a~ i' e~ry Dlerical emplovee of the town, ~ ~ e~p).r~V~ ap~,~inted or em~' ~yed b7 the school oo~[ttee, who has c~'~.-i~::ed a:x m~rtna of contim~. ~ ~rctce., shall be grated leave with- c..' "~ af Gay f~,r ab.~ence caused by ~ ica, ess, inJury~ or 'exposure ~:, .,,~.~,~l~ dl~,~ase, or b~ serious ~l~ess or death of a member of the ~.:.j. . w~ ~., faml~y~ proviOed, ho,,'ever, '~a'.,. . except when acc~1a~a ,~,a. ,~ D~o~d~a such le&w shall not a~eEm%e mo~e ~ *:',~u~ days ir. any year. and such leave not used,in a year.~y be ,,"~m~u:a:ed us: to but not exceeding thirty days for use in a subsequent y~ar~, ,o~lch leave not used prior to term~atl~ of ~ emplo~e~s ~:~] La~e ~d ~ employee shall uot be entitled to ~y co~nsation ~-' ~leu ~hereof. Petition of Board of Seleot~n. ~:'.~,~ ~h'~ ~rtsald a~ticle t~e following ess voted: ~iTTCL2 11. V0~ to adopt the foll~i~ bYLlaw as~~zed~by oeotlon ~;,~ of Chapter ~0 of the General ~ws; . Ever~ employs of the police, flre~ ar.d l~brary deDartments as well ~ eve~ e~loyee in the to~ ~fir~r~ a::~ ,~'~rt (~le~lcal employee o;' uno to~ except employees appointed o~ ~m.. Pl:7,~ ~7 the school ~o~!tr~e. who ~s comple~d six m~s of ~ontinuou~ serv'~::~ shall be gr~uted l~ave without loss of pay for absence s,.:~c,.~e~%, injury or exposure to contagloue disease, or by serious illness or de~[~ of a ~mber of the ezp[ovee~s family~ provided~ however, that ex~e~,%. ~hen aocu~llated as hereinafter provided such leave shall nos =~,~ ~,~t~ nors t ..... fife.em wnrk~n~ days In ~W year~ ~d such leave not '3,~ed iu a year may be aoo~]~ted uo t~ but not exceeding u~,~ Ina subsequent year. Such leave not used prior to ~r~nation of em0.,c, vee's service shall lapse ~d ~ emplo~e ~11 not b~ e~.~tled tc ~:';' comp~n~ati~ tn lieu thereof. 'fine ;'c.~:e was ~imous ~d so declared.~ 2' /s / GEORGE FINGOLD Atte~ne~ Gensral TOWN CLERK NORTH A NDOVIrR M AlIA C H Ul&'rTI IMaF Mr. F~ueold~ At tho idJottFned Town Meeting hold ~n the .~&turda7 afte~no~ ~O11 29, 19~8 at IIF0 a~%icle &ppoared in the ARTICL~ ~, appro~latos ~do, ~eoo ~oh ~tiolo ~ t~ ox~l~e au~oFisod ~ ~o of ~ of bleo~n a~ b Y~moe 0~~, ~ ~ Under b aforesaid VOT~ that ~tiole ap~~ ~ ~ge ~ of ~ 1~7 ~1 T~ Report, Seoti~ at ~y m~olal posed ox~i~ ~d lB reoo~onded Advioo~ hrdo Three hundred and thtr.t~-aeven registered voters were preaento ( ~7 ) The f~r~goir, g amendment to ~-laws is hereby approv~. April 70 prairie words under p~. ~,ii b~t~een J=o-fa~ly dwellings ~d gardens, Including mccoraa,~ce with %heat~d~da set I'orth below a~,ru.at~e built prior to J~uary 1~ 19~.0~ to two families, or~ If approved in aooord~ee ne,er, der hv~ the Board of Appcalm after a :~c-,,S~ ~ ....... nc~ more tl~ fc,~ I'~llle~, ti" No:th Andeve~ Plannln~ 5oard~ Nicholas ~.~',,t~., ~.~<c~ of tn~:~; thc following preamble word.s; ~ ~ a: ::k~ ~ ~ t'~':,-faml:~ c~e,&In~'e ant: garder~ 2ncluCJ. l.~ "-'~ - r:,;~ m::e tk~J. ~o fa~lle~ oP. If approved ~ acoord~r,o~ '.>, :::e :,~gz,<:~rcs nere~aez by ~e B~rd of Appeal~ after :. ,,~.::,t ~J t~. c:,,~ r:otlce glven~not more ~an -. . ~ ......... ao:~ ~ t~c i'o~;, will vo~ tO a~nd t~e ~orth ~.dove? - .~o,, the fctlowlng ;ar~raphs 6.61 and ....... '~.-~.;!~ ~r,* areas and lo~ ~Id~m above required -,~.,' ~c~' ~,~ ;',!' ~h!~ By-Law shall not appl~ ~ ~y residence ''' ~ *,'. &'.': l'r, of !~s~ ~-ea or les~ width t~,~ abo~e ,-': ~f ~.;':b 1~' h~ not ad.~cln,d by ot~er l~d of t~ sa~ owner, · ~',' ,~:.,~ a~e~ lsL, l~ tot ~o~Ix;at!cr.~ with or use in co~eozlon a,:.~.caLt I'Or i build!~:~ p~rmlt on :':~ ~'~.ra:e.:: In or attached to such appllczt!~ ~:at ~uoL ,-- -,--~,',!' v ~a:,.: :,ut and d,~iy~,recoraed b2 plan o~eed prlc~ tc , i ' ~'uc, t a i~t there ~ha]l be kept o~n ~d not built up~a r. ~e~t aha a ~ea, r ~arc each not less th~n 20 feet deep~ ~:d ~.I ~- v~ds, each not leas th~ 12 feet wide. ,'.- ~':~ia~e he~:~donoe Dl~%ric~s ~ly. two, or ~re vac~t lots, ~m ..... ~,.lv. acJo~mtr, g, ~y by the Board of Appeals be ~r~tted to be ::;Ined !~ a new lot or lots not leas ~ 10~OO0 sq. fit. area - ~:d nc' [.e~:, th~ lOC ft. width at the street frontage, -:~:~':Is be sh,.:wr, :o the Board cf Ap~als that each of said yacht · ..... ,., :zn::. :a:lon wsa of less area or less width than ,~'r~:~ ~der the aforeaald paragraph 6.$ ~d, by citatlms from the -~-~-~ ::,~:~t:~ ~i~y of ~eds, that each much lot was law~lly ,'~ J ':~ am: flulv recorded by pl~ or deed prior to ::<r ~r,~., :~-mit the oo~tructi~ of me sidle family - '.':; -, es,::, s~o~ ~0,000 ~e. ft, lot. '- ~ . :, ,:f th~. l~..,z~h ~aover Plann~g Board, Nicholas r o NJcetta,. ., :' :',~" afm'esalO a:'tlcle ~e following was vo~d~ .Y~' :~ ~end the ~crt~ andover Z~lng B2-~w by a~ik~g o~ para~rap~:~ ,~ ~ .~2 ~':d o~ aubsti~t~g In place of ~em t~ following ..... ~ o.61 ant 6.C.2: The resloential lo,Areas .a~.d lot widths above requirJd under ,~ars~raphs 6.~ of thla By Law shall not appl2 in anl~esidenoe 6.~I ~: ~o62 Con'to for a ~l,:dln~: permit oil ~.y ,c~rd of A~:ea]~ ce: permit~d (~mt:.? :-:~l~tr':: of ~eds~ that .... ~';q~ la~, NEu~,~%"E 16. A two-fJairds ma:?-ttyo the Tc~ upon ~ticle 7 in tr, e (',''~,'~r .o ]957o which purported to; re-z ,' t'.:' tn~ n.:rt.k of iii]lsld~ noa~ .- ,',-'. -'r :v b,;- ~ :'~ *~ter.;w b7 the - - ' ' -'' [[ . ''~' %J - f ' 't~ ~[)t ~t~+~' ~V . ,9 . . cst ~:~n r~,,, tc,~InK ~p of the To~ be 'i:' t...~ *'., i .',Ir.~ t:esc~''.~d p~rc~jt of ~nd from ~ General .;' C.,ur, ,.. ~skd~r::2~ ~,q h~ra] Residence Districts of ~'.. i't c: :a:o l:?t.x,.5 tc the north of Hillsld~ .. , '.1 ?*',:. ":' ': -r- ,es,:.~: '.~ 'lne oI the Salem T:~ng,~k~ theric~ , *~'~: .s~ :.~ we~.~: iv ;t'ne of the Salem ~plke,. h+ r:.:~, of ~8an~.~n~. Cen~ainlng 5.~ acres more So ~ch of said parcel ma lies ..... · '-rl~ o:' a ~'it:~ paralle~ to, ~6 250 feet no~thw~ste~iy f~ l'~u-e n',andred ~n~. t~,~lirt2-se~en registered voters were present. ATteST: ZONING BY.LAW TOWN OF NORTH ANDOVER MASSACHUSETTS 1943 ~.DNING BY-LAW For the Town of North Andover~ ARTICLE I Sect~o~ 1. This By-Law is created to promote the health, safety, · convenience, and welfare of the Inhabitants of the Townof North Andover, M~seachnsetts; to properly regulate the location, size and use of buildings in the ~['own, to lessen the dangers from fire, cQngestinn and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 145, sections 29-~88 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachu- setts, and any and all amendments and additions thereto. ,.qect~o~ ~, Districts: For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map eh- titled, "Proposed Zoning Map for the Town of North dover," dated September 1942 as prepared by Morse & Dickinson and Goodwin, Engineers, Haverhill, Maseachu- setts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the. center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE II USE Section 1. S~gle Residence Districts: Within any Single Residence District, except as pro- vided under Articles V & VI; no new building or structure ~d n.o alteration, enlargement of an existing buildin~ or ruc~ure shall be designed, arranged or constructed, a~d no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the leasing of rooms by a family .residing on the premises, providing there is no sign or display to advertise such use; but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member Of a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dressmak- lng, millinery, hairdressing, etc., by a person resident on the premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in are.a; and provided such occupation shall not be earned on m an accessory building. (e) Churches, parish houses, public buildings, public libraries or public museums. (f) Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, playgrounds, recreational build- ings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. (j) Real estate signs not exceeding six square feot in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (1) Such accessory uses as are customar!ly in.cident to the foregoing purposes and are not ~njur~ous to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the premises. The keeping of poultry, pigeons, dogs, pigs, or other animals as a business shall not be considered a~ accessory purposes. tm) The removal of sand, gravel, or quarried stone,. below the street level of an abutting street and within 250' of the same is not permitted, except- lng for purposes of building construction, on the same premises. The removal of loam within the game limits is permitted to only 1/i of its depth, . except for grading purposes on the same pr .cruises. $~o~io~ ~. General Residence Dist~cts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in.any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings ortho double or duplex type to conform- with the neighboring residences. (c) Buildins~ for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The r~moval of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises, The removal of loam within the same limits is permitted to only ~ of its d.epth except for grading purposes on the same premises. $~otion 8. Educational Districts: In Educational D/stricts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. {b) Private School, College, Academy, Institute or other use of an educational or religious character.. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this'section. (d) Such accessory uses as are customary in connec- tion with the uses enumerated in clauses a, b, and c of this section. (e) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except. lng for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only ~ of its depth, except for grading purposes on the same premises. In ~icultur~ Dlst~cts, ~cept as her~n othe~se prodded; no buildin~ ~ll be crud, al~, or u~ in a~ p~ ~cept ~or one or more o~ the fo]lo~n~ (a) ~y use pe~i~ in Single Resid~ or ~ne~l R~idence Di~cts. (b) Ba~s, Stabl~, Poult~ or Pig Shelters, or building used ~ an a~esso~ ~ the ~ndu~ of a fa~. (c) Roa~ide s~nd permits issued annually by of Appeals as prodded under A~i~e VI, S~on 2. S~nds must ~t b~ from ~e strut line feet. (d) Manuf~uring of CideL Vin~ar, Dai~ u~s, Poult~, Saw ~iHs, Gravel ~oduc~. (e) Re~fl ~ho~ for cu~m work to be produ~ ~d ~ld at re~il on ~e premis~. (f) G~oline filling s~tions and oil s~ons, repair shops, ~ a h~ri~ by ~e B~d App~ls ~ provided herein. The Boa~ of legmen b~ore the ~anting of such ~, ~er aH applications W said B~ of App~s for its recommendations on said appli~tions. (g) The remov~ of 1~ ~or ~le ~ be pe~i~ on~ (~) of its depth only. - (h) The removal of sand, ~avel, or quailed ~ne ~rom land bordering on or ~thin 250 ~e~ o~ Andover By-Pa~s, ~s~n Street, Chestnut S~eet, Dale Street, Gr~t Pond Road, Hillside R~d, Johnson Street, MarbIeridge Road, Osgo~ Salem Strut or the Salem Turnpike, shall not be permit~ ~cept by permit o~ Board o~ Appeals. Si~s as re~lated by Town and State Laws. B~iness D~t~cts : Any use permit~d in Single Residence, Gener~ Residence, or Educational Districts. Apar~ent or tenement houses and hotels, subj~ to other By-Laws pe~aining there.. Re. il stores and shops for custom work or the m~ing of articles to be sold at retail premises, restrict~ to such light manufac~u~ng as is inciden~l to a pe~itted use and where ~e product is customarily sold on the 9remisea by the producer to the consumer. (d) Pisces of amusement or assembly. (e) Restaurants and other places for s~ng (f) Gasoline filling s~tions and oil stations, repair shops, ~ales r~ms for motor vehi~ and s~blea. 4 (i) · Section 5. (a) (b) (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, 'dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car. penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated by' Town a~d State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Street Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Sectio~ 6. Indust~al D~st~icts: (a) Any use permitted in Single Residence, Genera] Residence, Educational, or Business Districts. ~ (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acess- 801~' uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoinin~ districts by reason of dust, odor, fumes; s. moke, gas, wastes, refUse matter, noise or excessive vi. bration or danger of explosion or fire. AETICLE III HEIGHT R~ULATIONS Section 1. In Single Residence, General Residence and Educe.- tiona] Districts, the limit of height of buildings shall be two and one-half (2~) stories, not to exceed thirty-five (35) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of~ five acres or more dwellings may be three (8) stories in height not to exceed forty. (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height; Sect~o~t ~. In BUsiness Districts, the limit of height of buildings shall be three' (3) stories, not to exceed forty (40) feet, measured above the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed Seventy-five (?5) feet measured above the top of the foundation; except that dwellings shah not exceed three ($) stories in height measured as set forth above. Section ~. The limitations Of height shall not apply in the case of 'ehimnsys or ventilator~, tower~, spires or other ornamental features of buildings permitted in said distrieS and in no way used fbr living purpe~es. ARTICLE IV Seotio~ I. 'Size of Lo~s: Land subdivided in Single Residence, General Resi- dence, Educational, and Agricultural District~ after the adoption of this By-Law shall provide for lot frontages of not less than ?5 feet, and for lot areas of not less than 7,500 ~auare feet; except that los duly recorded and shown on ns ~ed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as se~ forth in the succeeding paragraphs are fulfilled. Where a corner lot has iS corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. i~ectior~ ~. Set Back Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricS shall extend nearer any street line than thirty feet ~rom the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro- jecttons extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- trieS; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- tic visibility around the corner. (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the let in question and within the same block and district, the structure may extend as near the street line as theaverage alignment of said existing adjacent principal buildings; except that where such build- ! ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a Panner as to provide a side yard of less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of A. ppeals. Section ~. Rear Yards: Behind every dwe)ling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between: the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on 10ts of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- tricts where lots are 10 acres or more in area, accessory buildings are not limited in height. Section 5. Yards for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No p.art of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are permitted, said buildings shall be located not less than ten feet from any side or rear lot llne. Section 6. Yards in Business and l~glustrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations oI those districts. ARTICLE V GrNEr~AL PgO~SIONS $~ation L Non. Conforming Uses: (~) Exiz~ing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Nov.-Confoq'ming B~dldings: An exist- ing non-conforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in '~'hich it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in said permit. (c) Extending Existing Non-Conforming Use: Any existing non-conforming use may be hereafter ex~ended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, will supply a real need, and will not t)e injurious to a neighborhood; the Board of Appeals may grant special permits for new non-conforming hi~ildings, strt~ctures, or uses, tzpon such condi- tions and for periods of not more than one year, and in the manner as hereinafter provided. Section 2. Accessory Uses: (a) Dclinitio~i: An accessory use is a use customs. rily incidental to the uses permitted in a district and which is not' injarious, noxiotts, or offensive to, nor inconsistent with the character of said district. (b) LocaIio~ of Aecesso~'y Uses: Accessory uses shall be on thc same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they ara located. to) Housi~tg for Emphq~ees: The housing of em- l~loyees in Single Residence, General Residence, Educational, and Agrieultnral Districts, on the property of the Owner shall be deemed an acces- sory uso. (d) Garbages a~d Stables: In Single Residence and General, Residence Districts, a private garage or stable shall be considered al~ accessory use; vided that no business, service, or industry, con- nected directly or indir~tly with motor vehicle, or horse dra;~m vehicles is carried on; and on condition that garage space for not more than three moeor vehicles is provided, nor stable space ~or more than two horses; except that where lots of five acres or more exist, garage space for not more than five ears may be provided or stable space for not more than three horses. ARTICLE VI BOA~ O~ APPleS Seet~ I. Organizations, Duties a~ Limitati~: A B~rd of Appeals of five members, two of whom are members of the Planing Bo~d; to be ap~inted by the B~rd of Selectmen, is hereby created under provisions Chapter 40 of the General Laws and any and all amendmen~ and additions thereto, including Section 30 of Chapter 269 of ~e Acts of 1933; to assume the duties and powers Wen to said Board herein before stated particularly with refer- ence to the following: (a)~ To adapt the requirements of this By-Law irregular, narrow, or shallow lo~; or those un- usual either in shape or topo~aphy; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permit the construction, relmir, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no Variation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided in General Laws, Chapter 40, Section 80, and additions or amendments thereto. Section £. Permits Of Board of AFpeats Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (c) (e) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- tarfa, Philanthropic Institutions and Private Clubs. Is B~si~ess Districts: Gasoline Filling Stations, Oil Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter:. Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. Is l?zdustrial Districts: Any industry which is not determined detrimental to the district or ad- joining districts as set forth in Article II,Section 6, paragraph (d). Is Agricult~'c~ Districts: A roadside stand for the sale of farm produce, Gasoline Filling' Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon a. pplica- tion for such a permit the Board shall give not less than seven (7) days' public notice by pub!i- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render a~ decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which applica- tion is made shall not constitute a nuisance be- cause of noise~ vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shall be made a part of the permit issued by the Building Inspector. ARTICLE VII LOCATION OF AUTOHOBILE SERVICES No portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII DEFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) Dwelling: Any building used in whole or in part for inhabitants. (c) Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two fam- ilies. (~) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. One-half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or 'by land of other owners. (lO ,4 Corner Lot: A corner lot is a lot at the junc- · tion of and fronting on two or more intersecting streets, twenty feet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property, Lot Line: The established dividing line between two pieces of property. (k) Set-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (1) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) Non-Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (~) Non-Conforming Building: A non-conforming building is a bfiilding, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ENFORCEMENT .~ This By-Law shall be administered by the Building In- spector, lie shall appro.ve no application of any kind, plans and specifications and mtended use, which are not in all respects in conformity with this By-Law, Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing tl4e actual dimensions of the lot and the exact location and eize of the building already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. A: record of such applica- tions and plats shall be kept on file in the office of the Build- hug Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon th~ use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building In- · spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be Fiven, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by' the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together v/ith the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A. DUNCAN, Town Clerk. North Andover, Ma'ss., May 1, 1943. BY'LAW III TOWN OF NORTH 'ANDOVER MASSACHUSETTS 1943 ZONING BY-L&W For the Town of North. Andove~, Mammehusetts ARTICLE I ~e,~o~ 1. TMs By-Law is created to .promote the health, safety, · convenience, and welfare of the lnnabitants of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from tiro, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 93 and Chapter 263 of the Acts of X933 of the General Laws of the State of Massachu- setts, and any and all amendments and additions thereto. For the purpose o~ this By-Law, the ?ow~ o~ l~o~th Andover, ~sacbuse~ is hereby divided i~to six (6) t~pe~ o~ Districts, designated ~ ~oHows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map en- titled, "Proposed Zoning Map for the Town of North An- dover," dated September 1942 as prepared by Morse Dickinson and Goodwin, Engineers, Haverhill, Massachu- qetts to be finally approved by the Planning Board and filed with the Tower Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the, center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE H USE REGULATIONS . Within any Single Residence District, eXcept as pro- v, ded under Articles V & VI; no new building or structure and no alteration, enlargement of an existing building or structUre shall be designed, arranged or constructed, and no land, bnil~ting, structure, or par[ thereof shall be used; except for one or more of the following purposes: (a) Single family dwelling~ (b) The taking of boarders, or the leasinll of rooms by a family residing on the premis.es, providing there is no sign or display to advertise such use; but it is not permissible to construct or operate overnight camps. (e) The office of a doctor, dentist or other member af a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional name plate, not exceeding 144 square inches in area~ (d) Customary home occupations, such as dressmak- ing, millinery, hairdressing, etc., by a person resident on the premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and provided such occupation shall not be carried on ~n an accessory buLlding. (e) Churches, parish houses, public buildings, public libraries or public museums. (f) Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, playgrounds, recreational build- ings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. (j) Real estate signs not exceeding six square feet in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (1) Such accessory uses as are customarily incident to the foregoing purppses and are not injurious to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shah be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the premises. The keeping of poultry, pigeons, dogs, pig~, or other animals as a business shall not be considered aZ accessory purposes. (m) The removal of sand, gravel, or quarried stone,. below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction, on the same premises. The removal of loam within the ~me limits is permitted to only ~/~ of/ts de?th, , except for grading purposes on the same pr ~em~ses. Sectio~ ~. Genero.~ Residence' Dizt~i~ts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings ofthe double or duplex type to conform with the neighboring residences. (¢) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only ~ of its depth except for grading purposes on the same premises. ,.qeo~ion S. Educ~io?ml Districts: 'In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- ertl Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory' uses as are customary in connec- tion with the uses enumerated in clauses a, b, and c of this section. (e) ~he removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ~ng for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only 1/2 of its depth, except for grading purposes on the same premises. Sectio~ $. Agricultural District: In Agricultural Districts, except as herein otherwise provided; no building shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or General Residence Districts. (b) Barns, Stables, Poultry or Pig Shelters, or any building used as an accessory to the conducting of a farm. (e) Roadside stand pexa~its issued annually by Board of Appeals as provided under Article VI, Section 2. Stands mu~ ~ back from the street line 80 feet. (d) Manufacturing of Cider, Vinegar, Dairy Prod- ucts, Poultry, Saw Mills, Gravel Products. (e) Retail shops for custom work to be produced and sold at retail on the premises. (f) Gasoline filling stations and oil stations, garage repair shops, gfter a hearing by the Board of Appeals as provided herein. The Board of Se- lectmen before the granting of such permits, shall refer all applications to said Board of Appeals for its recommendations on said applications. (g) The removal of loam for sale to be permit°ced to one-half (1~) of its depth only. - (h) The removal of sand, gravel, or quarried stone from land bordering on or within 250 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Marbleridge Road, Osgood Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by Town and State Laws. . Se~io~ 5. Business Districts: (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (b) Apartment or tenement houses and hotels, subject to other By-Laws pertaining thereto. (c) Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, 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. (d) Places of amusement or assembly. (e) Restaurants and other'places for serving food. (f) Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board Of Appeals may in specific instances find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated b~; Town and State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Stre& Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Seotion #. Industrial Dist~'icts: (a) Any use permitted in Single Residence, Gensral Residence, Educational, or Business Districts. ~ (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acces- sory uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, odor, fumes; smoke, gas, wastes, refuse matter, noise or exeeesive vi- bration or danger of explosion or fire. ARTICLE Ill HEIGHT REi]ULATIONS Section I. In Single Residence, General Residence and Eduea- ttona] Districts, the limit of height of buildings shall be two and one-half (2~) stories, not to exceed thirty-five feet in any part measured above the top of the foundation; except that municipal and school buildings, dora~itories, and on lots of~ five acres or more dwellings may be three (3) .stories in height not to exceed forty (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height~ Sect/on ~. In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured above the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed seventy-five (?5) feet measured above the top of the foundation; except that dwellings shall not exceed three (8) storie~ in height measured as set forth above. Seotion ~. Exceptions: The limitations of height shall not apply in the case of 'chimneys or ventilators, towers, spires or other ornamental features of buildings permitted in said districts and in no w~y used fbr living purposes. ARTICLE IV AP. sA ANO Y,~D RF.~ULAT~ONS $~otion I. 'Size of Lots: ~Land subdivided in Single Residence, General Resi- denee, Educational, and Agricultural Districts after the adoption of this By. Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 ~auare feet; except that lots duly recorded and shown on ns filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such . bounding lines were so extended. Seetio~ ~. Set Back Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricts shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro- ject~ons extend w~tMn twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultura~ Dis- tricts; the set back req0ired by this section shall be applied to only one street line, bt~t in no case shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- tic visibility around the corner. (C) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent ~principal buildings; except that where such build- ~ rags are more than 30 feet from said street line, a · new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a ~'anner as to provide a side yard of less than fifteen feet i~ clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeals. Section 4. Rear Yards: Behind every dwe. lling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back line of the house and rear lot line, hot less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height . and covering not over thirty per cent of its area; excepting that on lots of one acre or more, accessory buildings may be · two and one-half stories in height. In Agricultural Dis- triers where lo~s are 10 acres or more in area, accessory buildings are not limited in height. Section 5. Yards for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than ~one and one-half stories in height shall be located not less than five ~eet from any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are permitted, said buildings shall be located ? not less than ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts, ARTICLE V GEi~rgAL P~OWSIONS S~ion I. Non-Conforming Uses: Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, ~ reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Non. Confo,ming Buildings: An exisf~ lng non-conforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in 'which it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in said permit. (e) Ez~ending Ezisting Non-Conforming Use: Any existing non-conforming use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, 8 will supply a real need, and will not be injurious to a neighborhood; tim Board of Appeals may grant special permits for new non-conforming buildings. ~rtlctures, or lists, upon such condi- t. ions and for periods of not more than one year, and in the rammer as hereinaftm' provided. Section ~. Acccssor!l Uses: (a) I)c~i~,itiml.: An accessory use is a use customa- rily incidental to the uses pm'mitt, ed in a distrie~ altd which is no~ injurious, noxious, or offensive to, nm' inconsistent with tl~e character of said district. (b) Loc{~tio~ of Accesso.r?t Uses: Accessory usesshall be ou the same lot with the buildings of the owner or lessee, and shall be such as do not alter tho character of the prentises on which they located. (c) Hou,qi~,~l for Emplo!/ecs: The housing of em- ployees iu Single Residence, General Residence, Educational, and Agricultural Districts, on the property of the Owner shall be deemed an acces- sory use. (d) Gart~ges and Stables: In Single Residence and General, Residence Districts, a private garage or stable shall be considered aB accessory use; pr~ vided that no business, service, or industry, con- nected directly or indir~tly with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots of five acres or more exist, garage space for not more than five cars may be provided or s~ble space for not more than three horses. ARTICLE VI BOA~ OF Seet'~'n I. Oroaniza.tio*~s, Duties a~ Limitati~: A B~rd of Appeals of five members, two of whom are members of the Planing Board; to be ap~inmd by the Board of Sd~tmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendmen~ and additions thereto, including Section 30 of Chapter 269 of the Acts of 1988; to assume the duties and powers Wen to said Board herein before stated particularly with refer- ence to the following: (a), To adapt the requirements of this By-~w irregular, narrow, or shallow 1o~; or those un- usual either in shape or topo~aphy; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permi~ the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (e) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no Variation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided in General Laws, Chapter 40, Section 30, and additions or amendments thereto. Seot~on ~. Permits Of Board o! Appealz Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) In Business Districts: C~soline Filling Stations, Oil Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (c) In Industrial Districts: Any industry which is not determined detrimental to the district or ad- joining districts as set forth in Article II,Section 6, paragraph (d). (d) In Agriculturog Districts: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). (e) Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no Permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by publi- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render a~ decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which applica- tion is made shall not constitute a nuisance b~ cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to tha public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be granted if accom- partied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shall be made a part of the permit issued by the Building Inspector° ARTICLE VII LO'CATION OF AUTOMOBILE SERVICES No portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII DEFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) D~velling: Any building used in whole or in part for inhabitants. (e) Si~.gle Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two faro- flies. (e) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One-half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (~) A Corner Lot: A corner lot is a lot at the june- · tion of and fronting on two or more intersecting streets, twenty feet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property. (j) Lot Line: The established dividing line between two pieces of property. Set-6aek Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. Accessory Us~: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) No~Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (~) Non. Conforming Building: A non-conforming building is a btiilding, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ~. ENFORCEMENT This By-Law shall be administered by the Building InJ. spector. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and the exact location and size of the building already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. ~2 record of such applica- tions and plats shall be kept on file in the office of the Build- ing Inspector. ARTICLE X CONFLICT OF LAWs In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building In- spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under ~he provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be give, n, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered fo/' any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March I3, 1943, adopted the foregoing Zoning By-Law together w~th the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A. DUNCAN, Town Clerk. North Andover, Ma'ss., May 1, 1943. 13 TOWN OF NORTH' ANDOVER MASSACHUSETTS 1:9,43 ZONING BY-LAW For the Town of North Andove~, Mossaehusetts ARTICLe. I Section 1. This By-Law is created to promote the health, safety, · convenience, and welfare of the Inhabitants of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from fire, c~ngestion and confusion, and to improve and beautify the Tow~n, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachu* serfs, and any and all amendments and additions thereto. Section ~. DL~t~,icts: For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts Industrial Districts The boundaries of the districts are shown on a map eh- titled, "Proposed Zoning Map for the Town of North An- dover," dated September 1942 as prepared by Morse & Dickinson and Goodwin, Engineers, Haverhill, Maseachu- setts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line ehall be determined by the Inspector of Buildings. ARTICLE II UsE REGULATIONS Within any Single Residence District, except as pro. vided under Articles ¥ & VI; no new building or structure and no alteration, enlargement of an existing building or structure shall be designed, arranged or constructed, a~d no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the leasing of rooms by a family residing on the premises, providi.~n~. there is no sign or display to advertise such use, but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member 0f a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dreSsmak- ing, millinery, hairdressing, etc., by a person resident on the premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and ~nrOVided such occupation shall not be carried on an accessory building. (e) Churches, parish houses, public buildings, public libraries or public museums. (:D Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, plaYgrounds, recreational build- ings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. (j) Real estate signs not exceeding six square feet in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (1) Such accessory uses as are customarily incident to the foregoing purposes and are not in~urlous to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the ow~er or tenant of the premises. The keeping of poultry, pigeons, dogs, pilt~, or other animals as a business shall not be considered al accessory purposes. (m) The removal of sand, gravel, or quarried stone,. below the street level of an abutting street and within 250' of the same is not permitted, except- ing' for purposes of building construction, on the same premises. The removal of loam within the ~ame limits is permitted to only ~/~ of its depth, . except for grading purposes on the same pre.raises. In general Residence Districts, except a~ otherwise herein provided; no building shall be erected, altered or used ln.~ny part except for one or more of the following, purposes: (a) Any use permitted in Single t~esidenee Districts. (b) Two family dwellings of.the double or duplex t~p,e to conform with the neighboring residences. (c) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only ~-2 of its depth except for grading purposes on the same premises. In Educational DLstricts; no buildings or structure shall be erected~ altered, or used in any part except for one or more of the following purpeses: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. (b) Private School, College, Academy, Institute or other u~e of an educational or religious char~ter. (c) Recreational buildings, amusement buildings, in- stitution and po~ver plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary in conneo. ' tion with the uses enumerated in clauses a, b, and c of this section. ' (e) ~Phe removal of sand, grave], or quarried stone, below the street level of an abutting street and within 250' ~f the same is not permitted, except- i~g for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only ~/~ of its depth, except for grading purpo~e~ on the same premises. Seet~n 6. A~c~Jg~Z D~t~ct~: In A~icultu~l Distich, ~pt as her~n o~e~se pro~ded; no building sh~ll be er~, ~r~, oF u~ in 8~ ps~ except for one oF more of the ~ollo~n~ purp~: (a) Any use permi~ in Single Residen~ or ~n~l' R~idence Di~cts. (b)' Barns, Stabl~, Poul~ 'or Pig Shelters, or building used ~ ~ a~ory ~ ~e ~ndu~ of a farm. (c) R~dside s~d pe~i~ issued annu~y by B~ of Appe~s as pro~d~ under A~cle VI, S~on 2. S~nds must set ~ck from ~e s~ line feet. (d) M~ufact~g of Cid., Vinegar, Dai~ u~s, Poult~, Saw Mil~, Gravel Pr~ue~. (e) Re~il sho~ for cus~m work to be produced ~d sold at retail on the p~mises. (f) G~oline ~ling sta~ons and oil s~tions, ~ra~ repair s~ps, ~ter a hearing by ~e B~d of App~ls ~ prodded herein. ~e Boa~ lectmen before ~e ~anting of su~ Pe~its, s~ll refer all applica~ons ~ said Board of Appeals for its r~ommendations on said appli~tions. (g) The ~mov~ of l~m for s~le to be pe~ one-ha~ (~) of its dep~ only. - (h) The removal of s~nd, ~av~, or qua~ied s~ne from land bordering on or ~thin 250 fe~ Andover By-Pass, Boston Street, Ch~tnut S~eet, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Marbleridge Road, Osgo~ Street, Salem Street or the Salem Turnpike, shall not be permftt~ except by permit of Board of Appeals. (i) Si~s as re~lated by Town and State Laws. ~sct~ 5. B~iness D~cts: (a) Any use permit~d in Single Residence, Genera. Residence, or Educational Districts. (b) Apa~ment or ~nement hous~ and howls, subj~ to other By-Laws pe~aining there,. Retail stores and shops for custom work or making of ~rticles to be sold at retail on the premises, restrict~ ~o such light manufactu~ng as is inciden~l to a pe~itted use and where ~e product is customarily sold on the Dremises by the producer to the consumer. (d) Places of amusement or ~ssembly. (e) Restaurants and o~her places for se~ing fo~. (f) Gasoline filling s~tions and oil s~tions, repair shops, sal~ rooms for moor vehicl~ and s~bl~. 4 (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rater, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board Of Appeals may in specific instar~ces find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated by' Town and State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busl- ness Districts, excepting that licenses now in force may be continued. M~ssachusetts Avenue at Middlesex Street ~ Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Section 6. Industrial D~ztricts: (a) Any use permitted in Single Residence, General Residence, Educational, or Business Districts. - (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and aece~ spry uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoinin$ districts by reason of dust, odor, fumes; smoke, gas, wastes, refuse matter, noise or excessive vi- bration or danger of explosion or fire. ARTICLE Ill HEIGHT REGUlaTIONS Section I. In 8ingle Residence, General Residence and Educa- tional Districts, the limit of height of building~ shall be two and one-half (2~) stories, not to exceed thirty-five (85) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots o~ five acres or more dwelling~ may be three (8) stories in height not to exceed forty (40) feet, and further excepting fa~-,, buildings located on farms of not less than ten (10) acres in area which are not limited in height~ In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured above the top of the foundations. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed seventy-five (?5) feet measured above the top of the foundation; except that dwellings shall not exceed three (3) stories in height measured as set forth above. Section ~. The limitations of height shall not apply in the case of chimneys or ventilators, towers, .spires or other ornamental features of buildings permitted m said districts and in no way used fbr living purposes. ARTICLE IV AmA ANO YA~ RI:OUt,tONS Seotion 1. 'Size o[ Lots: Land subdivided in Single Residence, General Reel- dence, Educational, and Agricultural Districts after the adoption o£ this By. Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 . square feet; except that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line ¢onneetin~ other building lines which if extended would intersect the frontage and area shall be computed as i£ such bounding lines were so extended. Sectio~z ~. Set Back Lines: (a) No building or structure, or alteration or. addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- triers shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro- jections extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- triers; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- tic visibility around the corner. (C) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a '~anner as to provide a side yard less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeals. Section ~. Rear Yards: Behind every dw.qlling in any Residential, Educational, or Ag~'icultural District; there shall be provided a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not ever thirty per cent of its area; excepting that on 10ts of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- tricts where lots are 10 acres or more in area, accessory buildings are not limited in height. Section 5. Yards for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are permitted, said buildings shall be located not less than ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to th~ side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts. ARTICLE V GENERAL PROVISIONS Sevtion 1. Non-Conforming Uses: (a) Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, ~ reconstructed or extended unless such non-con-.. forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Non-Conforming B~ildings: An exist- ing non-conforming building may be repaired or strengthened Structurally but no such building if destroyed by .the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in 'which it exists; and then only by l~ermit by the Board of Appeals and subject to the provisions as set forth in said permit. (c) Extending Ex~stin# Non-Conforming Use: Any existing non-conforming use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Cka~ges in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (~) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, will supply a real need, and will not 1)e injurkms to a neighborhood; the Board of Appeals may grant special permits for new non-conforming buildings, structures, or uses, upon such condi- tions and for periods of not more than one year, and in the maturer aa hereinafter provided. Section ~. Accessory Uses: (a) I)efi~itio~: An accessory use is a use customa- rily incidental to the ustm permitted in a district and which is not injurious, noxious, or offeusive to, nor inconsistent with the character of said district. (b) Locatio~ {~f Accesso~'y Uses: Accessoryusesshall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are locat ed. (c) Housi~g for Employers: The housing of em- ployees in Single Residence, General Residence, Educatlonal, and Agrieultaral Districts, on th~ property of the Owner shall be deemed an asses- (d) Ga.r~t~les attd Stables: In Sh~gle Residence and General, Residence Districts, a private garage or stable shall be considered an accessory use; pr~ vialed that no business, service, or industry, con- nected directly or indir~tty with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots og five acres or more exist, garage space for not more fllan five cars may be provided or stable space for not more than three horses. ARTICLE VI BOA~ OF AP~8 Sect'ion. 1. Organ.[zatio,ts, Duties a~ Lgmitatio~: A Board of Appeals of five members, two of whom are members of the Plamfing Board; to be ap~in~d by the Board of Sel~tmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendmen~ and additions thereto, including Section 30 of Chapter 269 of the Acts of 1933; to assume the duties and powers Wen to said Board herein before stated particularly with refer- ence to the following: (a)~ To adapt the requirements of this By-Law ~ irregular, narrow, or shallow 1o~; or those un- usuM either in shape or topo~aphy; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development oper~ations. (d) The Board of Appeals may grant no variation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided ~n General Laws, Chapter 40, Section 30, and additions or amendments thereto. Seotion ~, Permits Of Boarc~ of Appeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Distxicts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) In Byziness Districts: Cmsoline Filling Stations, 0il Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (¢) In Industrial Districts: Any industry which .is not determined detrimental to the district or ad- joining districts as set forth in Article II,: Section 6, paragraph (d). (d) In Ag~'tcuItural Districts: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). (e) Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by publ. i- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render g decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which al:plica- tion is made shall not constitute a nuisance be- cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Beard such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the . decision; and they shall be made a part of the permit issued by the Building Inspector. ARTICLE VII LOCATION OF AUTOMOBIL]~ SEEVIC]~S No portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII DEFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) I~weIling: Any building used in whole or in part for inhabitants. (c). Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two fam- ilies. (e) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One.half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (~) A Corner Lot: A corner lot is a lot at the junc- · tion of and fronting on two or more intersecting streets, twenty feet or more in width. (~) A Street Line: The line dividing a street, either public or private, from private property. Lot Line: The established dividing line between two pieces of property. (k) Set-bo. ok Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (1) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) Non-Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (n) Non-Conforming Building: A non-conforming building is a b,~ilding, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ]~NFORCEMENT This By-Law shall be administered by the Building In". sl~ector, He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied tb~ea plot plan of the lot in duplicate, drawn to scale; showing actual dimensions of the lot and the exact location and size of the buil.ding already upon the lot, and of the building . or structure to be erected, together with the streets and alleys on and adjacent to the lot. ;2 record of such appli, c.a- tians and plats shall be kept on file in the office of the Build- Lug Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building In- . spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XII AMEI~DMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shah not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that theTown of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together v~ith the Zoning Map, and that the same was approved by Robert T, Bushnell, Attorney General of the Commonwealth, April 18, 1943. JOSEPH A. DUNCAN, Town Clerk. North Andover, Mass., May 1, 1943. 13 TOWN OF NORTH' ANDOVER MASSACHUSETTS 1943 ZONING BY-LAW For the Town o! North Andover, Mamachusetts This By-Law is created to promote the health, · convenience, and welfare of the Inhabitants of the T~-n of North Andover, Massachusetts; to properly reLmlate the location, size and use of buildings in the Town, to lessen the d~n/rers from fire, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 14S, sections 29-~S of Chapter 98 and Chapter 268 of the Acts of 19S8 of the General Laws of the State of Maseaehu- serfs, and any and all amendments'and additions thereto. Ss~lio~ ~. Districts: For the purpose of this By-Law, the Town of North A~dover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: L Single Residence Districts g. General Residence Districts a. Educational Districts 4. A~Ticultural Districts 5. Bus/ness Districts 6. Industrial District~ The boundaries of the districts are shown on a map en- titled, "Proposed Zoning Map for the Town of Nol~ dover," dated September 1942 as prepared by Morse & Dickinson and Goodw/n, Engineers, Haverhill, Massachu- setts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby m~le a par~ of this By-Law. The boundaries between districts are, unless otherwise indic~t~; the. center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertein~r exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildln~. ARTICLE II USE REGULATIONS Within any Single Residence District, except as ~r~ vided under Articles ¥ & VI; no new building or s~ructure and no alteration~ enlargement of an existing buildin~ or structure shall be designed, arranged ur constructed~ a~d ]and, b~iid/n~0 stru~re~ er l~rt thereof shall be used~ except for one ~r more ~f the fo]lowing purposes (b) (d) (e) (g) (h) (i) (k) (!) Single family dwellings. The taking of boarders, or the leasing of rooms by a family residing on the premises, providi.~n~. _there is no sign or display to advertise such use, but it is not permissible to construct or operate overnight camps. The office of a doctor, dentist or other member ~ a recognized profession residing on or renting the premises; provided there is no display or adver= tising except for a professional name plate, not exceeding 144 square inches in area. Customary home occupations, such as dreesmak- lng, millinery, hairdressing, etc~, by a person resident on the Premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in are.a; and ]~rovided such occupation shall not be carmed on m an accessory building. Churches, parish houses, public buildings, public libraries or public museums. Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. Public Parks, playgrounds, recreational build- ings, water towers and reservoirs. Telephone exchanges; provided there is no service yard or garage. Real estate signs not exceeding six square feet in area advertising the sale, rent~l, or lease of the premises upon which they are located. Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freigh~ yards, or siding. Such accessory uses as are customarily, in.ciden~ to the foregoing purposes and are not injurmus toa neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the premises° The keeping of poultry, pigeons, do~ pi~s, or other animals as a business shall not be considered a~ accessory purposes. (m) The removal of sand, gravel, or quarried stone,~ below the street level of an abutting street and within 250' of the same is not permitted, except- trig for purpeses of building construction, on the same premises. The removal of loam within the same limits is permitted to only ~ of its depth, . except for graAing purposes on the same premises, Seotio~ $. Genera~ R esidenoe Districts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in ~ny part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings of.the double or duplex type to conform with the neighboring residences. (c) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- lng for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only ~ of its d.epth except for grading purposes on the same premises. Section $. Ed~catio~l Districts: In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purpeses: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. {b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary in connec- tion with the u~es enumerated in clauses a, b, and c of this section. (e) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- lng for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only ~/2 of its depth, except for grading purposes on the same premise~ $zctio~ 4. Agri~Itu~l Districts: In Agricultural Districts, except as'herein otherwise provided; no building shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or General Residence Districts. (b) Barns, Stables, Poultry 'Or Pig Shelters, ar any building used as an accessory to the conducting of a farm. (c) Roadside stand permits issued annually by Board of Appeals as provided under Article VI, Section 2. Stands must setback from the street line 80 feet. (d) Manufacturing of Cider, ' Vinegar, Dairy Fred- ucts, Poultry, Saw Mills, Gravel l~roducts. (e) Retail shops for custom work to be produced and sold at retail on the premises. (f) Gasoline filling stations and oil stations, garage repair shops, a~fter a hearin~ by the Board of Appeals as provided herein. The Board of Se- lectmen before the granting of such permits, shall refer all applications to said Board of Appeals for its recommendations on said applications. (g) The removal of loam for sale to be permitted to one-half (~/~) of its depth only. - (h) The removal of sand, gravel, or quarried stone from land bordering on or within 250 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Marbleridge Road, Osgood Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by Town and State Laws. ~eotion 6. Business Districts: (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (b) Apartment or tenement houses and hotels, subject to other By-Laws pertaining thereto. (c) Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, 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. (d) Places of amusement or assembly. (e) Restaurants and other places for serving food. (f) Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. 4 (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator,.dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, esr- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which tho' Board Of Appeals may in specific instances find to be compatible with the uses above mentioned. '(h) Signs and billboards as regulated b~; Town and State Laws. (i) No new licenses for the sale .of alcoholic beverage~ of any kind shall be granted ~n the following Busi- ness Districts, excepting that licenses now in fores may be continued. Massachusetts Avenue at Middlesex Street - Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Ssction O. lmt~trgo2 Districts: (a) Any use permitted in Single Residence, Genera! Residence, Educational, or Business Districts. ~ (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and aeces- 801~ uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, odor, fumes; smoke, gas, wastes, refuse matter, noise or excessive vi- bration or danger of explosion or fire. ARTICLE III HEIGHT REGULATIONS Suction 1. In Single Residence, General Residence and Educa- tional Districts, the limit of height of buildings shall be two and one-half (2~) stories, not to exceed thirty-five (85) fe~t in uny part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of, five acres or more dwellings may be three (8) stories in height not to exceed forty (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height~ In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured aboCe the top of the fo~ndation~. Seotion S. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed eeventy-five (?5) feet measured above the top of the foundation; except that dwelling~ shall not exceed three (3) stories in height measured az set forth above. Section ~. Exceptions: The limitations of height shall not apply in the case of chimneys or ventilators, towers, spires or Other ornamental features of buildings permitted in said districts and in no way used fbr living purposes. ARTICLE IV ~EA AND Y.~ REGULATIONS .Land subdivided in Single Residence, General Resi- dence, Educational, and Agricultural Districts after the adoption of this By-Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than square feet; except that lots duly recorded and shown on pla~s filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if ex~ended would intersect the frontage and area shall be computed as if such bounding lines were so extended. S¢¢~o~ ~. Set B¢c~ Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricts shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro- jections extend within twenty feet of said street line. On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- tricts; the set back required by this section shall be ~pplied to only one street line, but in no case sha~! the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- fic visibility around the corner. i¢) In Single Residence, General Residence, and Edu- rational Districts; where there are other existing buildings within 200 feet on each side o£ the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal bUilding in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a ~anner as to provide a side yard of ]ess than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of ~ppeals. Section 4. Rear Yards: Behind every dwe. lling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on lots of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- ~ tricts where lots are 10 acres or more in area, accessory buildings are not limited in height. · Sectgon 5. Ya.rds for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot llne; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than 'one and one-half stories in height shall be located not less than five ~eet £rom any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are permitted, said buildings shall be located ? not less than ten feet from any side or rear lot line. SeXton 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts. ARTICLE V GENEEAL PEOVIS~0NS $~ion 1. Non-Conforming Uses: (~) Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any bul]ding, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no ,building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, ~ reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Nos-Conforming Buildings: An exist- ing non-cbnforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in '~'hich it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in said permit. (e) Extending Existing Non-Conforming Use: Any' existing non-conforming use may be hereafter ex~ended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (6) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, will supply a real need, and will not be injurious to a neighborhood; tho Board of Appeals may grant special permits for new non-conforming buildings, structures, or uses, upon such condi- tions and for periods of not. more than one year, and in the lllan~ler as hereinafter provided. Section ~. Aeecssor~t Uses: (a) Definition: An accessory use is a use custom~ rily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with the character of ~aifl district. (b) Loc(~.tion of Acce.~so?'tl Uses: Accessoryuses shall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located. (c) Hom~inxy fro' Emplol~ec~: The housing of em- ployees in Single Reside]Ice, General Residence, Educational, and Agricultural Districts, on the property of the Owner ~hall be deemed an acce~- 8ory rise. (d) Garatles and Stables: In Single Residence and General, Residence Districts, a private garage or .stable shall be considered slx accessory use; pr~ vialed that no business, service, or industry, con- nected directly or indir~tty with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable zpace for more than two horses; except that where lotz of five acres or more exist, garage space for not more than five cars may be provided or ~table space for not more than three horses. ARTICLE VI BOA~ o~ A?PE~g Seet~n. 1. Orga~Gzatim~, Duties a~ Limitati~: A B~rd of Appeals of five members, two of whom are members of the Planing Bo~d; to be ap~in~d by the B~rd of Selectmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendments and additions thereto, including Section 30 of Chapter 269 of the Acts of 1933; to assume the duties and powers ~ven to said Board herein before stated particularly with refer- ence to the following: (a), To adapt the requirements of this By-Law ~ irregular, narrow, or shallow 1o~; or those un- usual either in shape or topo~aphy; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance With provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no ~ariation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided in General Laws, Chapter 40, Section and additions or amendments thereto. $~otion ~. Perm{ts O~ Board o/ Appeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) In Business Districts: Gasoline Filling Stations, Oil Stations, G.arage Repair Shops, Sales Rooms for Motor Yeh~cles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (e) In Industrial Districts: Any industry which is not determined detrimental to the district or ad- joining districts as set forth in Article II, Section 6, paragraph (d). (d) In Agricultural Districts: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). (e) Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board Of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by pub]i- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall h~)ld a hearing and render a' decision. The appli- cant shall show ~o the satisfaction of the Board that the use of the premises for which al:plica- tion is made shall not constitute a nuisance be- cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When. in the opinion of the Board such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the : decision; and they shall be made a part of the permit issued by the Building Inspector. ' ARTICLE VII LOCATION OF AUTOMOBILE SERVICES lqo portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII DEFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (5) _D~sellin#: Any building used in whole or in part for inhabitants. (c) Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two faro- /I/es. (e) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One.half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A LOt: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (~) A Corner Lot: A corner lot is a lot at the june- ' tion of and fronting on ~wo or more intersecting streets, twenty ieet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property. (J) Lot Line: The established dividing line between two pieces of property. (k) Set-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (1) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a d/strict and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (~n) Non-Conforming Use.' A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists Or might be introduced. (~) Non-Conforming Building: A non-conforming building is a building, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the buiIding is located. ARTICLE IX ENFORCEMENT This By-Law shall be administered by the Building In- spector. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and the exact location and size o£ the building already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. A: record of such applica- tions and plats shall be kept on file in the o~ce of the Build- irg Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XlI AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 18, 1948, ,:adopted the foregoing Zoning By-Law together vath the · Zoning Map, and that the same was approved by Robert T. · Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A, DUNCAN, Town Clerk. North Andover, Mass., May 1, 1948. 13 EIY'LAW TOWN OF NORTH ANDOVER MASSACHUSETTS 1943 ZONING BY-LAW For the Town of North Andove~, Mamaehusetts ARTICLE I Sect~ 1, This By-Law is created to promote the health, safety, · convenience, and welfare of the Inhabitants of the Town of North And0ver, l~assachusetts; to properly rel~ulate the location, size and use of buildings in the Town, to lessen the dangers from fire, cQngestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-,~3 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massashu- setts, and any and all amendments and additions thereto. S~ction ~. Dist~'icts: For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. Genera] Residence Diztr/cts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map eh- tiffed, "Proposed Zoning Map for the Town of North An- dover," dated September 1942 as prepared by Morse & Dickinson and Goodwin, Engineers, Haverhill, Massachu- setts to be finally appr.oved by the Planning Board and filed with the Town Clerk, and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, un]ess otherwise indicated; the. center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the e-~ct location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE II USE REGULATIONS Section 1. Single Residence Districts: Within any Single Residence District, eXcept as pro- vided under Articles V & VI; no new building or structure and no alteration, enlargement of an existing building or structure shall be designed, arranged or constructed, add no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the leasing of rooms by a family residing on the premises, providi.~n~. there is no sign or display to advertise such use, but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member o~ a recognized profession residing on or renting the premises; provided there is no display or adver- t/sing except for a professional name plate, not .exceeding 144 square inches in area. (d) Customary home oceupatious, such as dressmak- ing: millinery, hairdressing, etc., by a person resident on the Premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and ~nrOVided such oceup.a, tion shall not be carried on an accessory building. (e) Churches, parish houses, public buildings, public libraries or public museums. (f) Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, playgrounds, recreational build- ings, water towers and reservoirs. (i). Telephone exchanges; provided there is no service yard or garage. (j) Real estate signs not exceeding six square feet in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (1) Such accessory uses as are customarily in.cidentto the foregoing purposes and are not injurious to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the p.remises. The keeping of poultry, pigeons, dogs, pigs, or other animals as a business shall not be considered aS accessory purposes. (m) The removal of sand, gravel, or quarried stone,. below the sweet level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction, on the same premises. The removal of loam within the same limits is permitted to only ~ of its depth, . except for grading purposes on the same premises. Se~'io~ ~, General Residence Districts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in.any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts, (b) Two family dwellings of.the double or duplex type to conform with the neighboring residences. (e) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only 1~ of its depth except for grading l~Urposes on the same premises. ,.qectio~, ,~. Educational Districts: In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character.- (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraphb of this section. (d) Such accessory uses as are customary in connee- tion with the uses enumerated in clauses a, b, and e of this section. (e) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' ~f the same is not permitted, except- lng for purposes of building construction on the same prem~seso The removal of loam within the same limits is permitted to only 1/~ of its depth, except for grading purposes on the same premises. Se~t~m 4. A~tur~ ~ A~icu~t~a] Di~icts, ~t ~ her~n oth~se prodded; no building shall be er~, al~r~, or a~ pa~ ~pt for one or more of t~e fo]lo~ p~: (a) Any use permi~ in Single R~idence or R~idence Diaries. (b)' Ba~s, Stables, Po~t~ or Pi~ Shel~rs, or building used ~ an a~e~o~ ~ ~e eondu~n~ of a farm. (c) Roadside s~d pemi~ issued annually by of Appeals ~ pro~d~ under A~cle VI, S~ion 2. S~nds must s~ ba~ from ~e ar~t line 80 f~. (d) Manufa~uring of Cider, Vinegar, u~s, Poultry, Saw Mill~, Gravel ~oduc~. (e) Retail sho~ for cu~m work ~ ~ produced and ~ld at retail ~n ~e premises. (f) G~oline filling ~agons and oil ~tions, ~rage repair s~ps, ~ter a hearing by ~e B~ Appeals ~ provided h~ein. The B~rd of lectmen befo~ ~e ~an~ng of su~ p~mi~, ~fer all applications ~ said Board of Appe~s for its recommendations on said applications. (g) The removal of l~m for sale to be pemi~ on~ha~ (~) of its depth on~. (h) The r~oval of sand, ~avel, or qua~ied from land bordering on or within 250 fe~ of the AndoVer By-Pa~, ~sWn Street, Chestnut Strut, Dale Street, Great Pond Road, Hillside R~d, Johnson Street, Marbleridge Road, OsgoM Street, Salem Street or the Salem Turnpike, shall not be permitt~ except by permit of Board of Appe~s. (i) Si~s as re~lated by Town and S~ Laws. Seoti~ 5. Business D~t~ets : (a) Any use pertained in Single Residence, Genera. Residence, or Educational District. (b) Apartment or tenement houses and howls, subj~ to other By-Law~ pertaining thereto. (c) Retail s~ores and shops for custom work making of ~ticl~ ~ be sold at retail on the premises, restrict~ ~o such light manufac~u~ng ~ is inciden~l to a pe~itted use and where the product is customarily sold on the 9remises by producer to the consumer. (d) Places of amusement or assembly. (e) Restaurants and other places for se~ing fo~. (f) G~soline filling s~tions and oil station, repair shops, sales r~ms Ior motor vehicl~ and stables. 4 (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated by' Town and State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Street Railroad Avenue at. Middlesex Street Chickering Road at Park Street North Andover Center. Section ~. Industrial Districts: (a) Any use permitted in 8ingle Residence, General Residence, Educational, or Business Districts. ~ (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acces- sory uses. (d) Any industry Or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, odor, fumes; smoke, gas, wastes, refuse matter, noise or excessive vi- bration or danger of explosion or fire. ARTICLE III HEI(~HT REGULATIONS In Single Residence, General Residence and Educa- tional Districts, the limit of height of buildings shall be two and one-half (2~) stories, not to exceed thirty-five (35) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of, five acres or more dwellings may be three (3) stories in height not to exceed forty (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height; In Business Districts, the limit of height of buildings shall be three' (3) stories, not to exceed forty (40) feet, measured abo~'e the top of the foundations. Sevtion $. In Industrial Districr~, the limit of height of buildings shall be five (5) stories, not to exceed seventy-five (75) feet nieasured above the top of the foundation; except that dwellings shall not exceed three (8) stories in height measured as set forth above. Section ~, Exceptions: The limitations of height shall not apply in the case of chimneys or ventilators, towers, spires or other ornamental features of buildings permitted in said districts and in no way used fbr living purposes. ARTICLE IV Seotion I. '$~ze of Lots: Land subdivided in S~ngle Residence, General Resi- dence, Educational, and Agricultural Districts after the adoption of this By-Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 square feet; except that lots duly recorded and shown on plans filed at the Registry of .D. eeds at the time this By.Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. Sectgo~ ~. Set Back Li~es: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- triers shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro. jections extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- triers; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No structure, ~[ence, tree or shrub shall be so placed upon the lot as to obstruct traf- fie visibility around the corner. (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- , ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a '~anner as to provide a side yard of less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permiV~ed by the Board of A~ppeals. Section 4. Rear Yards: Behind every dwe~lling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may. contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on 10ts of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- .tricts where ]o~s are 10 acres or more in area, accessory buildings are not limited in height. .Section 5. Yards for No~-Re$ident~al Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated Within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-halt stories in height shall be located not less than five ~eet from any side or rear lot line. In locations where accessory buildings of more than 'one and one-half story height are permitted, said buildings shall be located ? not less than ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts. ARTICLE V ~-ENEP-.4L PROVISIONS Sevtio~ 1. Non-Conforming Uses: (~) Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Non-Conforming B~ilding~: An exist- ing non-conforming building may be repaired or strengthened structurally but no such building if destroyed by .the intent of 100~o of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or g.ress economic loss to the owner and is not injurious to the district in 'which it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in said permit. (~) E~tending Existing Non-Conforming Use: Any existing non-conforming use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a pro- posed non-conforming building~ structure, or use, will supply a real need, and will not be injurious to a neighborhood; the Board of Ai~pe:~ls may grant special pern~its for new non-conforming buildings, structures, or uses, upon such condi- tions anti for periods of not more than one year, and in the nt:tnner as hereinafter provided. (a) 1)t'~itio~: An accessotT use is a use customa- rily incklental to the uses per~nitted in a district anti which is not injurious¢ noxious, or offensive to, nor inconsistent with the character of said district. (b) Loc{~tio~, of Acccsso~'lt Uses: Accessory uses shall be on thc same lot with the buildings of the owner or lessee, and shall be such as do not alter character of the premises on which they ara located. (e) Ho~si~ts [o~. EmploItecs: The housing of ployees in Single Residence, General Residence, Edacational, and Agricultural Districte, on the property of the Owner shall be deemed an gory use. (d) Gan~aes a~d Stables: In Single Residence and General, Residence Districts, a private garage or stable shall be considered al~ accessory use; pr~ vialed that no business, service, or industry, con- netted directly or indir~tly with motor vehicle, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots of five acres or more exist, garage spaea for not more than five cars may be provided or space Ior not more than three horses. ARTICLE VI BOA~ OF A Board of A~eals of five members, two of whom are members cf the Planing Board; to be ap~in~d by the Board of Selec~en, is hereby created under provisions Chapter 40 of ~he ~eneral Laws and any ~nd all amendments and additions thereto, including Section 30 of Chapter 269 of the Ac~ of 1~33; to ~ssu~e the duties and powers Wen to smd Board herein before stated p~rticularly wi~h refer- ence to the ~oHowing: (a)~ To ~t the requirements of this By-Law ~rregu]ar, ~rrow, or shallow lo~; or those un- usual either in shape or topo~aphy; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no Variation which would amount to an amendment of this By- Law; and all such amendments shall be made aa provided in General Laws, Chapter 40, Section $0, and additions or amendments thereto. Section ~. Per,nits of Board o/ Alypeats Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) '? (b) ¢c) (e) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. Ix B~usi~ese Districts: C~soline Filling Stations, Oil Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. In Industrial D{stcicts: Any industry which ,is not determined detrimental to the district or ad- joining districts as set forth in Article II,Section 6, paragraph (d). In Agricul~ra~ D{sfric~s: A roadside stand for the sale of farm produce, Gasoline Filling' Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by pub!i- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render a'decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which al:plica- tion is made shall not constitute a nuisance be- cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shall be made a part of the permit issued by the Building Inspector. ARTICLE VII LOCATION OF' AUTOMOBILE SERVICES No portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII DEFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) D~oelling: Any building used in whole or in part for inhabitants. (e). Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two fam- ilies. (6) A~artment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One-half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (~) A Corner Lot: A corner lot is a lot at the june- · tion of and fronting on two or more intersecting streets, twenty feet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property. (j) Lot Line: The established dividing line between two pieces of property. (k) Set-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (1) Accessory Use: An accessory use is a use cue- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) No~-Co~for~ntng Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (n) No~-Co~forming B~ildinff: A non-conforming building is a bfii]ding, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX E NFORCEMENT This By. Law shall be administered by the Building In- spoctor. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing tt/e actual dimensions of the lot and the exact location and size of the building already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. A~ record of such applica- tions and plats shall be kept on file in the office of the Build- ing Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building In- spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- men~ and additions thereto. ARTICLE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting/ts recommendations as to what action should be taken. No hearings shall be held or appeals considered any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together ~;ith the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A. DUNCAN, Town Clerk. North Andover, Ma'ss., May 1, 1943. [IOHN ~J. LYONS TOWN CLER]< NO. ANDOVER, MA~~ ZONING BY-LAW TOWN OF NORTH ANDOVER MASSACHUSETTS 1943 ZONING BY-LAW For the Town of North Andover, Massachusetts ARTICLE I Section 1. This By-Law is created to promote the health, safety, cor~venience, and welfare of the Inhabitants of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from fire, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachu- setts, and any and all amendments and additions thereto. Section 2. Districts: For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map en- titled, "Proposed Zoning Map for the Town of North An- dover," dated September 1942 as prepared b~- Morse & Dickinson and Goodwin, Engineers, Haverhill, Massachu- setts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE II USE REGULATIONS Seotion 1. Single Residence Districts: Within any Single Residence District, except as pro- vided under Articles V & VI; no new building or structure and no alteration, enlargement of an existing building or structure shall be designed, arranged or constructed, and no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the lea~iug of rooms by a family residing on the premises, provi&~ng there is no sign or display to advertise such use; but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member of a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional ~me plate, not exceeding 144 square inches in area. (d) Customary home occupations, such ss tire,mak- ing, millinery, hairdressing, eta, by a pet~on resident on the premises; provided ~ere is no visible display of goods from the st~eot an~ no exterior advertising, excepting an ~nnouncement sign of not more than two square feet in area; and prov/ded such occupation shall not be ¢~ied on in an accessory building. (e) Churches, parish houses, public buiJd~n~s, lmhlic libraries or public museums. (f) Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject ~o a permit by the Board of Appeals as herei~_~f~cer provided. (g) Private clubs not conducted for profit; subject te a permit by the Board of Appeals us hereinafter provided. (h) Public Parks, play,rounds, recreational build- ings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. Real estate signs not exceeding si~ S~luare feet in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, .r~hts of way, including customary accessory servmes therein; but not including storage, freight yards, or (l) Such accessory uses as are customarily incidentto the foregoing purposes and are not injurious to a neighborhood as a place of residence, including garages and stables under conditions herehmftor specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of ~he owner or ~em~nt of the premises. The keeping of poultry, pigeons, pi~s, or other animals as a business ~]~ not be considered aS accessory purposes. (tn) The removal of sand, gravel, or quarried s~one, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction, on the same premises. The removal of loam within the same limits is permitted to only ~/2 of its depth, except for grading purposes on the same premmes. Section £. General Residence Districts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings of the double or duplex type to conform with the neighboring residences. (c) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para, graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only I/~ of its de. pth except for grading purposes on the same premmes. Section $. Educational Districts: In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary in connec- tion with the uses enumerated in clauses a, b, and c of this section. (e) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only 1~ of its depth, except for grading purposes on the same premises. Section ~. Agricultural Districts: In Agricultural Districts, except as herein otherwise provided; no building shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permit-ted in Single Residence or General Residence Districts. (b) Barns, Stablqs, Poultry or Pig Shelters, or any building used as an accessory to the conducting of a farm. (c) Roadside stand permits issued annually by Board of Appeals as provided under Article VI, Section 2. Stands must set back from the street line 30 feet. (d) Manufacturing of Cider, Vinegar, Dairy Prod- ucts, Poultry, Saw Mills, Gravel Products. (e) Retail shops for custom work to be produced and sold at retail on the premises. (f) Gasoline filling stations and oil stations, garage repair shops, gfter a hearing by the Board of Appeals as provided herein. The Board of Se- lectmen before the granting of such permits, shall refer all applications to said Board of Appeals for its recommendations on said applications. (g) The removal of loam for sale to be permitted to one-haft (~) of its depth only. - (h) The removal of sand, gravel, or quarried stone from land bordering on or within 250 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson StreW, Marbleridge Road, Osgood Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by Town and State Laws. Section 5. Business Districts: (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (b) Apartment or tenement houses and hotels, subject to other By-Laws pertaining thereto. (c) Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, 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. (d) Places of amusement or assembly. (e) Restaurants and other places for serving food. (f) Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. 4 (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated b~; Town and State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Street Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Section 6. Industrial Districts: (a) Any use permitted in Single Residence, Genera] Residence, Educational, or Business Districts. (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acces- sory uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, o~.or, fumes; s. mok.e, gas, wastes, refuse matter, noise or excessive wo bration or danger of explosion or fire. ARTICLE III HEIGHT REGULATIONS In Single Residence, General Residence and Educa- tional Districts, the limit of height of buildings shall be two and one-half (2~) stories, not to exceed thirty-five (35) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of five acres or more dwellings may be three (3) stories in height not to exceed forty (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height~ Section 2. In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured above the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed seventy-five (75) feet measured above the top of the foundation; except that dwellings shall not exceed three (3) stories in height measured as set forth above. Section ~. Ezceptions: The limitations of height shall no~ apply in the case of chimneys or ventilators, towers, spires or other ornamental features of buildings permitted in said districts and in no way used fSr living purposes. ARTICLE IV AREA AND YARD REGULATIONS Section 1. Size of Lots: Land subdivided in Single Residence, General Resi- dence, Educational, and Agricultural Districts after the adoption of this By-Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 square feet; except that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Law · is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. Section 2. Set Back Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricts shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro- jections extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- triers; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- fic visibility around the corner. (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a ,~anner as to provide a side yard of less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific ca,es where existing lots of record are ]ess than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permi~oed by the Board of Appeals. Section 4. Rear Yards: Behind every dwelling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on lots of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- triers where lots are 10 acres or more in area, accessory buildings are not limited in height. Section 5. Yards for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are per-mitred, said buildings shall be located ? not less than ten feet from any side or rear lot line. Seetio~ 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts. ARTICLE V GENERAL PROVISIONS Section 1. Non-Conforming Uses: (a) Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-con- forming use or .uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Non-Conforming Buildings: An exist- ing non-conforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in 'which it exists; and then only by permit by the I~oard of Appeals and subject to the provisions as set forth in said permit. (c) Extending Existing Non-Co~forming Use: Any existing non-conforming use may be hereafter extended throughou~ any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, 8 will supply a real need, and will not be injurious to a neighborhood ~ the Board of Appeals may grant special permits for new non-conforming buildings, structures, or uses, upon such condi- tions and for periods of not more than one year, and in the manner as hereinafter provided. Section 12. Accessory Uses: (a) Definition: An accessory use is a use customa- rily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with the character of said district. (b) Location of Accessory Uses: Accessory~uses shall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located. (c) Housing for Employees: The housing of ployees in Single Residence, General Residence, Educational, and Agricultural Districts, on the property of the Owner shall be deemed an acces- sory use. (d) Gara#es and Stables: In Single Residence and General, Residence Districts, a private garage or · stable shall be considered a~a accessory use; pro- vided that no business, service, or industry, con- nected directly or indirectly with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots of five acres or more exist, garage space for not more than five cars may be provided or stable space for no~ more than three horses. ARTICLE VI BOAI~ OF APPEAL9 Section 1. Organizations, Duties and Limitations: A Board of Appeals of five members, two of whom are members of the Planning Board; to be appointed by the Board of Selectmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendments and additions thereto, including Section 30 of Chapter 269 of the Acts of 1933; to assume the duties and powers given to said Board herein before stated particularly with refer- ence to the following: ' (a) To adapt the requirements of this By-Law to irregular, narrow, or shallow lots; or those un- usual either in shape or topography; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no variation which would amount to an amendment of this By- Law; and ali such amendments shall be made as provided i_n General Laws, Chapter 40, Section 30, and additions or amendments thereto. Section 2. Permits of Board of Appeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) In Business Districts: C~soline Filling Stations, Oil Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (c) In Industrial Districts: Any industry which is not determined detrimental to the district or ad- joining districts as set forth in Article II,: Section 6, paragraph (d). (d) In Agricultural Districts: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Art:icle Il, Section 4, paragraph (h). (e) Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by publi- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render a~ decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which applica- tion is made shall not constitute a nuisance be- cause of noise, vibration, smoke, gas, fumes, odor, . dust or Other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shall be made a part of the permit issued by the Building Inspector. ARTICLE VII LOCATION OF AUTOMOBILE SEtWICES No portion of the ~ront or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII ~)EFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) Dwelling: Any building used in whole or in part for inhabitants. (c) Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling tended and designed to be occupied by two fam- ilies. (e) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One.half Sto~ny: That portion of a building un- der a sloping roof, the cubic contents of which ~re never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by ]and of other owners. (h) A Corner Lot: A corner lot is a lot at ~he junc- tion of and fronting on two or more intersecting streets, t~venty feet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property. (j) Lot Line: The established dividing line between two pieces of property. (k) Set-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (I) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) Non-Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (n) Non-Conforming Building: A non-conforming building is a building, the use or construction of ~hich does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ENFORCEMENT This By-Law shall be administered by the Building In- spector. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and the exact location and size of the building already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. A~ record of such applica- tions and plats shall be kept on file in the office of the Build- ing Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE X! APPEALS Any person aggrieved by the action of the Building In- spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered fok any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALU)ITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together with the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A. DUNCAN, Town Clerk. North Andover, Mass., May 1, 1945. 13 ZONING BY-LAW TOWN OF NORTH ANDOVER MASSACHUSETTS 1'943 ZONING BY-LAW For the ~,~n of North A~dove~, M~ehusetts ARTICLE I Section 1. This By-Law is created to promote the health, safety, convenience, and welfare of the Inhabitants of the Town of North AndOver, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from fire, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachu- setts, and any and all amendments and additions thereto. Section 2. D~stricts : For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map eh- tiffed, "Proposed Zoning Map for the Town of North An- dover," dated September 1942 as prepared by Morse & Dickinson and Goodwin, Engineers, Haverhill, Massachu- sorts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE II USE RF~ULATIONS Section 1. Single R~sidence Districts: Within any Single Residence District, except as pro- vided under Articles V & VI; no new building or structure and no alteration, enlargement of an existing building or structure shall be designed, arranged or constructed, and no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the leasing of rooms by a family residing on the premises, providing there is no sign or display to advertise such use; but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member og a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dressmak- ing, millinery, hairdressing, etc., by a person resident on the premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and provided such occupation shall not be carried on in an accessory building. (e) Churches, parish houses, public buildings, public libraries or public museums. (f) Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, playgrounds, recreational build- ings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. Real estate signs not exceeding six square fee~ in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (1) Such accessory uses as are customarily incident to the foregoing purposes and are not injurious to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the premises. The keeping of poultry, pigeons, dogs, pigs, or other animals as a business shall not be considered a~ accessory purposes. (m) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction, on the same premises. The removal of loam within the same limits is permitted to only 1/~ of its depth, except for grading purposes on the same premises, Section ~2. General Residence Districts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings of the double or duplex type to conform with the neighboring residences. (c) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Sect/on 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted go only ~ of its d.epth except for grading purposes on the same premises. 2ection ~. Educational Districts: In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary in connec- tion with the uses enumerated in clauses a, b, and c of this section. (e) The removal of sand, grave], or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only I/z of its depth, .except for grading purposes on the same premises. Section 4. A gric~dtura~ Districts: In Agricultural Districts, except as herein otherwise provided; no building shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or General Residence Districts. (b) Barns, Stables, Poultry or Pig Shelters, or any building Used as an accessory to the conducing of a farm. (c) Roadside stand permits issued annually by Board of Appeals as provided under Article VI, Section 2. Stands must set back from the street line 30 feet. (d) Manufacturing of Cider, Vinegar, Dairy Prod- ucts, Poultry, Saw Mills, Gravel Products. (e) Retail shops for custom work to be produced and sold at retail on the premises. (f) Gasotine filling stations and oil stations, garage repair shops, after a hearing by the Board of Appeals as provided herein. The Board of Se- lectmen before the granting of such Permits, shall refer all applications to said Board of Appeals for its recommendations on said applications. (g) The removal of loam for sale to be permitted to one-half (1~) of its depth only. - (h) The removal of sand, gravel, or quarried stone from land bordering on or within 250 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Marbleridge Road, Osgood Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by Town and State Laws. Section 5. Business Districts: (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (b) Apartment or tenement houses and hotels,subject to other By-Laws pertaining thereto. (c) Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, restricted to such ligtrt manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. (d) Places of amusement or assembly. (e) Restaurants and other places for serving food. (f) Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. 4 (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be compatible w/th the uses above mentioned. (h) Signs and billboards as regulated by' Town and State Laws. {i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Street Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Section 6. Industrial Districts: (a) Any use permitted in Single Residence, Genera] Residence, Educational, or Business Districts. (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acces- sory uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, odor, fumes; smoke, gas, wastes, refuse matter, noise or excessive vi- bration or danger of explosion or fire. ARTICLE III HEIGHT REGULATIONS Section 1. In Single Residence, General Residence and Educa- tional Districts, the limit of height of buildings shall be two and one-half (2~) stories, not to exceed thirty-five (35) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of five acres or more dwellings may be three (3) stories in height not to exceed forty (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height~ $ Section 2. In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured abo~e the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall be five (5) sto~*ies, not to exceed seventy-five (75) feet measured above the top of the foundation; except that dwellings shall not exceed three (3) stories in height measured as set forth above. Section 6. Exceptions: The limitations of height shall not apply in the case of chimneys or ventilators, towers, spires or other ornamental features of buildings permitted in said districts and in no way used fbr living purposes. ARTICLE IV Ara~A AND Y.il~D REGULATIONS Seotion 1. 'Size of Lots: Land subdivided in Single Residence, General Resi- dence, Educational, and Agricultural Districts after the adoption of this By-Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 square feet; except that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as . set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. Section 2. Set Back Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricts shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro- jections extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- tricts; the set back required by this section shall be applied to only one street line, but in no ease shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- fic visibility around the corner. (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a '~anner as to provide a side yard of less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeals. Section 4. Rear Yards: Behind every dwelling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back Iine of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on lots of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- tricts where lots are 10 acres or more in area, accessory buildings are not limited in height. Section 5. Yards for Non-Resider~ticd Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard te yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are permitted, said buildings shall be located 7 not less than ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts. ARTICLE V GENEP~AL PEOVISIONS $~tion 1. Non-Conforming Uses: Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Non-Conforming Bq~ildings: An exist- ing non-conforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in 'which it exists; and then only by permit 'by the Board of Appeals and subject to the provisions as set forth in said permit. Eztending Existing Non-Confovraing Use: Any existing non-conforming use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. Exceptions: In exceptional cases where a pro- posed non-confo~-~ing building, structure, or use, will supply a real need, and will not be injurious to a neighborhood; the Board of Appeals may grant special permits for new non-conforming buildings, structures, or uses, upon such condi- tions and for periods of not more than one year, and in the manner as hereinafter provided. Section £. Accessory Uses: (a) Definition: An accessory use is a use customa- rily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with the character of said district. (b) Location o/Accessory Uses: Accessory.uses shall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located. (e) HoMing for Employees: The housing of em- ployees in Single Residence, General Residence, Educational, and Agricultural Districts, on the property of the Owner shall be deemed an acces- sory use. (d) Garages and Stables: In Single Residence al~d General, Residence Districts, a private garage or -stable shall be considered aN accessory use; pro- vided that no business, service, or industry, con- netted directly or indirectly with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots of five acres or more exist, garage space for not more than five cars may be provided or stable space for not more than three horses. ARTICLE VI BOARD OF APPEALS ~teetion 1. Organization~, Duties and Limitations: A Board of Appeals of five members, two of whom are members of the Planning Board; to be appointed by the Board of Selectmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendments and additions thereto, including Section 30 of Chapter 259 of the Acts of 1933; to assume the duties and powers given to said Board herein before stated particularly with refer- ence to the following: (a) To adapt the requirements of this By-Law to irregular, narrow, or shallow lots; or those un- usual either in shape or topography; provided that the spirit and intent of this By-Law With 9 regard to open spaces is preserved. (b) To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no variation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided in General Laws, Chapter 40, Section 80, and additions or amendments thereto. Seetio~ 2. Permits o! Board of Alypeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, I-Iospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) In Business Districts: C~soline Filling Stations, Oil Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (c) In Industrial Districts: Any industry which is not determined detrimental to the district or ad- joining districts as set forth in Article II,: Section 6, paragraph (d). (d) In Agricutturat Districts: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). (e) Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by publi- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render g decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which applica- tion is made shall not constitute a nuisance be- cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to the public health or safety. V/hen not so satisfied the Board shall refuse a permit. V/hen, in the opinion of the Board such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shall be made a part of the permit issued by the Building Inspector. ARTICLE VII LOCATION OF AUTOMOBILE SERVICES No portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII DEFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) Dwelling: Any building used in whole or in part for inhabitants. (c) Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two fam- ilies. (e) Apartment or Torment House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One,half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (~) A Corner Lot: A corner lot is a lot at the junc- tion of and fronting on two or more intersecting streets, twenty feet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property. Lot Line: The established dividing line between two pieces of property. (k) Set-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (l) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) Non-Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (n) Non-Conforming Building: A non-conforming building is a building, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX E NFORCEMENT This By-Law shall be administered by the Building spector. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and the exact location and size of the building already upon the lot, and of the building or structure to be erected, together with the streets and 'alleys on and adjacent to the lot. A: record of such applica- tions and plats shall be kept on file in the office of the Build- ing Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered roy any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together with the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1948. JOSEPH A. DUNCAN, Town Clerk. North Andover, Mass., May 1, 1943. 13 rjOHN :J. LYONS TOWN CLERK ~10. ANDOVEr. MASS. ZONING BY-LAW TOWN OF NORTH ANDOVER MASSACHUSETTS 1943 ZONING BY-LAW For the Town of North Ando~er, Massachusetts ARTICLE I Section 1. This By-Law is created to promote the health, safety, convenience, and welfare of the Inhabitants of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from fire, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachu- setts, and any and all amendments and additions thereto. Section £. Districts: For the purpose of this By-Law, the Town of No~th Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map en- titled, "Proposed Zoning Map for the Tow~ of North An- dover," dated September 1942 'as prepared, by Morse. & Dickinson and Goodwin, Engineers, Haverhdl, Massacnu- serfs to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE II USE REGULATIONS Section 1. Single R~sidence Districts: Within any Single Residence District, except as pro- vided under Articles V & VI; no new building or structure and no alteration, enlargement of an existing building or structure shall be designed, arranged or constructed, and no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the leasing of rooms by a family residing on the premises, providing there is no sign or display to advertise such use; but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member of a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dressmak- ing, millinery, hairdressing, eta, by a person resident on the premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and provided such occupation shall not be carried on in an accessory building. (e) Churches, parish houses, public buildings, public libraries or public museums. (f) Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, playgrounds, recreational build- ings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. (j) Real estate signs not exceeding six square fee~ in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (1) Such accessory uses as are customarily incident te the foregoing purposes and are not injurious to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the premises. The keeping of poultry, pigeons, dogs, pi~s, or other animals as a business shall not be considered aS accessory purposes. (m) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction, on the same premises. The removal of loam within the same limits is permitted to only 1/~ of its depth, except for grading purposes on the same premisea Section ~. General Residence Districts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings of the double or duplex type to conform with the neighboring residences. (c) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, excep_t- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only 1/2 of its de. pth except for grading purposes on the same premmes. Section 8. Educational Districts: In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary in connec- tion with the uses enumerated in clauses a, b, and c of this section. (e) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only ~/2 of its depth, except for grading purposes on the same premisce. ! Section 4. Agricultural Districts: In Agricultural Districts, except as herein otherwise provided; no building shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or General Residence Districts. (b) Barns, Stables, Poultry or Pig Shelters, or any building used as an accessory to the conducting of a farm. (c) Roadside stand permits issued annually by Board of Appeals as provided under Article VI, Section 2. Stands must set back from the street line 30 feet, (d) Manufacturing of Cider, Vinegar, Dairy Prod- ucts, Poultry, Saw Mills, Gravel Products. (e) Retail shops for custom work to be produced and sold at retail on the premises. (f) Gasoline filling stations and oil stations, garage repair shops, after a hearing by the Board of Appeals as provided herein. The Board of Se- lectmen before the granting of such Permits, shall refer all applications to said Board of Appeals for its recommendations on said applications. (g) The removal of loam for sale to be permitted to one-half (1~) of its depth only. (h) The removal of sand, grave], or quarried stone from land bordering on or within 250 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Marbleridge Road, Osgoed Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by Town and State Laws. Section 5. Business Districts: (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (b) Apartment or tenement houses and hotels,subject to other By-Laws pertaining thereto. (c) Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, restricted to such liglrt manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. (d) Places of amusement or assembly. (e) Restaurants and other places for serving food. (f) Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. 4 (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated by' Town and State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Street Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Section 6. Industrial Districts: (a) Any use pea-mitred in Single Residence, General Residence, Educational, or Business Districts. (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acces- sory uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, o(].or, fumes; smoke, gas, wastes, refuse matter, nome or excessive bration or danger of explosion or fire. ARTICLE III HEmHT REGULATIONS Section 1. In Single Residence, General Residence and Educa- tional Districts, the limit of height of buildings shall be two and one-half (21/2) stories, not to exceed thirty-five (35) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of five acres or more dwellings may be three ($) stories in height not to exceed forty (40) feet, and further excepting farm buildings located on fari~s of not less than ten (10) acres in area which are not limited in height~ Section 2. In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured aboYe the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed seventy-five (75) feet measured above the top of the foundation; except that dwellings shall not exceed three (3) stories in height measured as set forth above. Section 4. Exceptions: The limitations of height shall not apply in the case of chimneys or ventilators, towers, spires or other ornamental features of buildings permitted in said districts and in no way used fbr living purposes. ARTICLE IV AREA AND YARD REGULATIONS Seotion 1. 'S~ze of Lots: Land subdivided in Single Residence, General Resi- dence, Educational, and Agricultural Districts after the adoption of this By-Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 square feet; except that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. Section 2. Set Back Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricts shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no ease shall such pro- jections extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- tricts; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- tic visibility around the corner. s (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in question and ~vithin the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a ~anner as to provide a side yard of less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeals. Section 4. Rear Yards: Behind every dwelling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on lots of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- tricts where lots are 10 acres or more in area, accessory buildings are not limited in height. Section 5. Yards for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are permitted, said buildings shall be located ? not less than ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts. ARTICLE V GENERAL PROVISIONS Section 1. Non-Conforming Uses: (a) Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Noz~-Conforming Buildings: An exist~ lng non-conforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in 'which it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in said permit. Ex~ending Existing Non-Co~forming Use: Any existing non-conforming use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, 8 Section will supply a real need, and will not be injurious to a neighborhood; the Board of Appeals may grant special perm/ts for new non-conforming buildings, structures, or uses, upon such condi- tions and for periods of not more than one year, and in the manner as hereinafter provided. Accessory Uses: Definition: An accessory use is a use customa- rily incidental to the uses permitted in a district and which is not /nj urious, noxious or offensive to, nor inconsistent with the character of said district. (b) Location of Accessory Uses: Accessory.uses shall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located. (c) Housing for Employees: The housing of em- ployees in Single Residence, General Residence, Educational, and Agricultural Districts, on the property of the Owner shall be deemed an acces- sory use. (d) Garages and Stables: In Single Residence and General. Residence Districts, a private garage or · stable shall be considered an accessory use; pro- vided that no business, service~ or industry, con- nected directly or indirectly with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots of five acres or more exist, garage space for not more than five cars may be provided or stable space for not more than three horses. ARTICLE VI BOAP,~ OF Arrr~s Sect/on 1. Organizations, Duties and Limitations: A Board of Appeals of five members, two of whom are members of the Planning Board; to be appointed by the Board of Selectmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendments and additions thereto, including Section 30 of Chapter 269 of the Acts of 1933; to assume the duties and powers given to said Board herein before stated particularly with refer- ence to the following: (a) To adapt the requirements of this By-Law to irregular, narrow, or shallow lots; or those un- usual either in shape or topography; provided that the spirit and intent of this By-Law With 9 (b) regard to open spaces is preserved. To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no variation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided in General Laws, Chapter 40, Section 30, and additions or amendments thereto. Section 2. Permits of Board of Appeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) In Business Districts: Gasoline Filling Stations, Oil Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (c) In Industrial Districts: Any industry which .is not determined detrimental to the district or ad- joining districts as set forth in Article II, Section 6, paragraph (d). (d) In Agricultural Districts: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). (e) Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by publi- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render a' decision. The appli- cant shall show to the satisfaction of the Board that the use of 'the premises for which applica- tion is made shall not constitute a nuisance be- lO cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in* habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shall be made a part of the permit issued by the Building Inspector. ARTICLE ¥II LOCATION OF AUTOMOBILE SERVICES No portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any 'of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE ¥III I)EFINITIONS In this By-Law the following terms shall have the mean- in~s here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) Dwelling: Any building used in whole or in part for inhabitants. (c). Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two fam- ilies. (e) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One,half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (h) A Corner Lo~: A corner lot is a lot at the junc- tion of and fronting on two or more intersecting streets, twenty feet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property. Lot Line: The established dividing line between two pieces of property. (k) Set-b~ck Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (1) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) No~v-Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (n) Non-Conforming Buildin~: A non-conforming building is a building, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ENFORCEMENT This By-Law shall be administered by the Building spector. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and the exact location and size of the building already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. A: record of such applica- tions and plats shall be kept on file in the office of the Build- ing Inspector. ARTICLE X CONFLICT OF LAWS In general this P~y-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the t~uilding specter may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XII AMEI~DMENT The Planning Board upon petition of not ]ess than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered fo~' any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII YALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together with the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A. DUNCAN, Town Clerk. North Andover, Ma~s., May 1, 1948.