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HomeMy WebLinkAbout1942 PROPOSED ZONING PROPOSED ZONING BY-LAW FOR THE TOWN OF NORTH ANDOVERt ~ASSACHUSETTS DECF~BER 1942 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, sime 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, sec- tions 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachusetts, 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. Educat~o-~l D~St~te~s 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map entitled, "Proposed Zoning Map for the Town of North Andover," dated September 1942 as prepared by Morse & Dickinson and Goodwin, Engineers, Haverhill, Massachusetts 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 other- wise indicated; the center lines of streets, aveuues, or rail- road rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line,~.%he 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, and no land, build- ing, 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 permissable to construct or operate overnight camps. The office of a doctor, dentist or other member of a recognized profession residing on or renting the prem- ises; providing there is no display or advertising except for a professional name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dressmaking, mil- linery, 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 r~seums. (f) Cemeteries, hospitals, sanitaria and philanthropic in- stitutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provide~. (g) Private clubs not conducted for profit; subject to a pernttt by the Board of Appeals as hereinafter pro- vided. (h) Public Parks, playgrounds, recreational buildings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. 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 injurious to a neighborhood as a place of residence, including gar- ages and stables under conditions hereinafter speci- fied. No accessory building shall be occupied for residence purposes, except that a portion of a gar- age or stable may be occupied by an employe or em- ployees 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 as ac- cessory purposes. The removel of sand, gravel, or quarried stone, be- low the street level of an abutting street and within 280' of the same is not permitted, excepting for the pur- poses of building construction, on the same premises. The removal of loam within the same limits is per- mitted to only i/2 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. (o) Buildings for such accessory uses as are customary in connection with the uses as enumerated under clauses a and b of this section and paragraph L of Section l, Article 2, subject to the provisions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, be- low the street level of au abutting street and within 250' of the same is not permitted, excepting for pur- poses for building construction, on the same premises. The removal of loam within the same limits is per- mitted to only 1/2 of its depth except for grading purposes on the same premises. Section 3. Educational Districts: In Educational Districts; no building 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 General Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. Recreational buildings, a~sement buildings, institu- tion and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary in connection with the uses enemerated in clauses a,b, and c of this section. (e) The removal of sand, gravel, or quarried stone, be- low the street level of an abutting street and within 260' of the same is not permitted, excepting for pur- poses of building construction on the same premises. The removel of loam within the same limits is per- mitted to only 1/2 of its depth, except for grading purposes on the same premises. 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 iu 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. 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. (e) Manufacturing of Sider, Vinegar, Dairy Products, Poultry, Saw Mills, Gravel Products. ReSatl shops for custom work to be produced and sold at retail on the premises. (h) Gasoline filling stations and oil stations, garage repair shops, after a hearing by the Board of Appeals as provided herein. The Board of Selectmen before the granting of such permits, shall refer all appli- cations to said Board of Appeals for its recommenda- tions on said applications. The removal of loam for sale to be permitted to one- half (2t) of its depth only. The removal of sand, gravel, or quarried stone from land bordering ou or within 280 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Jol~uson Street, Mar- bleridge 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: Any use permitted in Single Residence, General Resi- dence, or Educational Districts. Apartment or tenement houses and hotels, subject to other By-Laws pertaining thereto. Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, stricted to such light manufacturing as is incidental to a permitted use and where the product is customar- ily sold on the premises by the producer to the con- Places of amusement or assemply. Restaurants and other places for serving food. Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. (h) (il Any building used for Conmercial or business purposes including that of a barber, caterer, clothes cleaner, and presser, confectioner, decorator, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pasrty 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, tin- smith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be com- patible with the uses above mentioned. Signs and billboards as regulated by Town and State L~wS. 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. Mmssachusetts Avenue at Middlesex Street Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Section 6. (a) (b) (c) (d) Industrial Districts: Any use permitted in Single Residence, General Resi- dence, Educational, or Business Districts. Lumber, fuel, feed, and ice establishments, and con- tractors yards. Railroad yards, sheds and roundhouses and accessory uses. Any industry or manufacturing which will not be ser- iously detrimental or offensive to adjoining districts by reason of dnst, odor, fumes, smoke, gas, wastes, refuse matter, noise or excessive vibration or danger of explosion or fire. ARTICLE III HEIGHT REGULATIONS Section 1. In Single Residence, General Residence and Education- al Districts,. the limit of height of buildings.shall be two and one-half ~2 1/~) stories, not to exceed thirty five (3S) feet in any part measured above the top of the foundation; except that m~nicipal 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 build- ings 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 (V$) 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 ven- tilators, towers, spires or other ornamental features of build- ings permitted in said districts and iu no way used for 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 n~y be used provided the yard reqmirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other bounding lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. Section 2. (a) Set Back Lines: No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Districts shall extend nearer any street line than thirty feet from the street on which it faces; except that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such projections extend within twenty feet of said street line. On corner lots in the Single Residence, General Resi- dence, Educational and Agricultural Districts; the set back required by this section shall be applied bo 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 a corner lot as to obstruct traffic visibility around the corner. In Single Residence, General Residence, and Educa- tional 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 buildings. Section 3. Side Yards: No principal building in any Residential, Educa- tional or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a manner 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 iu specific cases where existing lots of record are less than the minimum width prescribed iu this By-Law. Iu 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, Educa- tional, 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 accessory buildings not over one and one-half stories in height and covering not over thirty percent of its area; excepting that on lots of one acre or more, accessory buildings may be two and one-half stories in height. Iu Agricultural Districts where lots are l0 acres or more in area, accessory buildings are not limited in height. Section 8. 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 dwelling shall be considered a part of the dwelling. No part of any separate accessory building per- mitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side 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 loca- tions 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 Residential, 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: Existing Buildings: Nothing in this By-Law shall pre~ent the continued use or maintenance of any building, structure, or premises, for the purpose for which it is used, or in the con- dition 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-co~£o~m!,ng use or uses in whole or in part shall be altered, enlarged, recon- structed or extended unless such non-conforming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. Repair of Non-Conforming Buildings: An existing non-conform- ing building may be repaired or strengthened structually but no such building if destroyed to the extent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hear- ing as set forth under Article VI, finds that such action is required to preveat unneeessary hardship or gross economic loss to the owner and is not in- Jurious to the district in which it exists; and then only by permit by the Board of Appeals and subject to the provisions set forth in said permit. (c) Fxtending ~xisting Non-Conforming Use: An existing n on- c on form- ing 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 Law. 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 re- stricted use. A non-conforming use which shall have been discontinued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a proposed non-conforming building, structure, or use, will supply a real need, and will not be in- Jurious to a neighborhood; the Board of Appeals may grant special permits for new non.conforming buildings, structures, or uses, upon such conditions and for periods of not more than one year, and in the manner as hereinafter provided. Section 2. Accessory Uses: (a) Definition: An accessory use is a use customarily incidental to the uses permitted in a district and which is not in~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. (o) Housing for Employees: The housing of employees in Single Residence, General Residence, Fducational, and Agricultural Districts, on the property of the Owner shall be deemed an ac- O~ ssory use. (d) Garages and Stables: In Single Residence and General Residence Districts, a private garage or stable shall be considered an accessory use; provided that uo business, service, or industry, connected directly or indirectly with moto~ vehicles or horse drawn vehicles is carried on~ and on con- dition 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 Section 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 there- to, including Section 50 of Chapter 269 of the Acts of 1933; to assume the duties and powers given to said Board herein before stated, particularly with reference to the following: (a) To adapt the requirements of this By-L~w to irregu- lar, narrow, or shallow lots; or those unusual either in shape or topography; provided that the spirit and intent of this By-Law with 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 provis- ions on USE. (c) (d) To grant tempory and conditional permits of limit- ed duration for non-conforming uses and buildings incidental to development operations. 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 Requi~ed: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to pro- tect and improve the district; issue the following permits: (b) (c) In Single Residence, General Residence and Educa- tional Districts for Cemeteries, Hospitals, Sana- taria, Philanthropic Institutions and Private Clubs. 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. In Industrial Districts: Any industry which is not determined detrimental to the district or adjoining districts as set forth in Article II, Section 6, paragraph (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 Inspector shall issue no permit until so directed in writing by the Board of Appeals. Upon application for such a permit the Board shall give not less than seven (V) days public notice by publication in a newspaper and by mail to the applicant and to the owners of all property deeme8 by the Board as affected by such a permit; and shall hold a hearing a render a de- cision. The applicant shall show to the satisfaction of the Board that the use of the premises for which application is made shall not constitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the inhabi- tants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When~in~h~ioptnion~of~h~¥Board such a permit may be granted if acco~anie5 by conditions specially designed to safeguard the district and the Town, it shall impose such conditions and make them 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 appurten- ances or accessory uses, shall hereafter be placed within §0 feet of any residence district. ARTICLE VIII DEFIN IT IONS In this By-Law the following terms shall have the meanings here assigned to them. (a) A Family: Any ~umber of individuals living and cook- ing together ou 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 intended for and occupied by a single family. (d) Two Family Dwelling: two families. A detached dwelling intended and designed to be occupied by (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. One-half Story: That portion of a building under a sloping roof, the cubic contents of which Ere never more than half of that of the story below. (6) A Lot: A lot is a single tract of land held in iden- tical 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 Junction of and fronting on two or more inter- secting streets, twenty feet or more in width. (i) A Street Line: Ij ) (i) (m) (n) property. The line dividing a street, either public or private, from private Lot Line: The established dividing line between two pieces of property. 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. Accessory Use: An accessory use is a use customari- ly 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. Non-Conforming Use: A non-conforming use is a use which does not conform to the use regulations 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 building is located. ART IC I~. IX FN FORCF ~NT 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 iu conformity with this By-Law. Applications for building permits shall be accompanied by a Plot~plan Of the lot in duplioate, drawn to scale; show- lng 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 applications and plats shall be kept on file in the office o~ the Building Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other Bymlaws affecting the use, height, area, and location of buildings and structures and the use of premises. Where this By,~aw imuoses a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is im- posed by other By-Laws, the provisions of this By-Law shall control. ART IC LI~ MI APPEALS Any person aggrieved by the action of the Building Inspector 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 amendments 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 to report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered for 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. Boston, Mass., April 13, 1943. The foregoing zoning by-laws ~pr~ Attorney General.