ACCESSORY USE OR STRUCTURE A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT BOOKSTORE An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other materials which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) (2003/17)
ADULT CABARET A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which regularly features persons or entertainers who appear in the state of nudity, or live performances which are distinguished or characterized by nudity, sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) (2003/17)
ADULT MOTION PICTURE THEATER An enclosed building or any portion thereof used for presenting material (motion picture films, video cassettes, cable television, slides or any other visual media) distinguished by an emphasis on material depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) (2003/17)
ADULT PARAPHERNALIA STORE An establishment having as a substantial or significant portion of its stock devices, objects, tools, toys, which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) (2003/17)
ADULT VIDEO STORE An establishment having as a substantial or significant portion of its stock in trade for sale or rent motion picture films, video cassettes and similar audio/visual media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) (2003/17)
ADULT USE Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult Paraphernalia Stores and Adult Video Stores as defined in this Bylaw. (1996/22) (2003/17)
AUTOMOBILE REPAIR SHOP (1989/32) A building or part of a building in which repairs are made to motor vehicles.
AUTOMOBILE SERVICE STATION A building or place of business where gasoline, oil, and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail and where minor repair service is rendered.
BODY SHOP A building, or part thereof, used for structural repairs and refinishing of motor vehicles for remuneration.
BOARD OF APPEALS The Board of Appeals of the Town of North Andover as governed by the General Laws of Massachusetts.
BUILDING A structure having a roof supported b y columns or walls for the shelter, support, or enclosure of persons, animals, or property.
BUILDING COVERAGE (1989/32) The horizontal area measured within the outside of the exterior walls of the ground floor for all principal and accessory buildings on a lot.
BUILDING HEIGHT (1999/20) The vertical distance as measured from the average finished grade level adjoining the building at all exterior walls to the highest roof surface, but shall not include chimneys, spires or mechanical equipment or penthouses used for enclosures of mechanical equipment.
BUILDING, PRINCIPAL A building in which is conducted main or principal use of the lot on which said building is situated.
CAR WASH An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CONGREGATE HOUSING A non-institutional residential shared living environment, which integrates, shelter, and services needed by the functionally impaired or socially isolated elder (age 55 or older) who does not require the constant supervision or intensive health care services provided in an institution. The shared living environment must include at least two of the following: a) a shared accessible community space, b) shared kitchens, c) shared dining facilities, or d) shared bathing facilities.
DAY CARE CENTER (1985/21) Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name which received children not of common parentage under seven (7) tears if age, or under sixteen (16) years of age if such children have special needs, or non-residential custody and care during part or all of the day separate from their parents or the elderly 60 years of age or older. Day Care Center shall not include any part of a public school system; any part of a private organized educational system unless the services of such system are primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation thereof.
DISTRICT A district or zone shall be any portion of the territory of the Town of North Andover within which certain uniform regulations and requirements or various combinations thereof shall be applied under the provisions of this Bylaw.
A DRIVE-THROUGH FACILITY (2006/4) A facility that provides for the convenience of drive through windows which allow for transactions of goods and/or services to be carried out without the customer having to leave his/her motor vehicle. The proportion of drive through business to the total business volume of the applicable business establishment is not relevant to the determination of whether that business establishment contains a drive through facility.
DRIVEWAY (1989/32) A way located on a lot, which provides vehicular access to the buildings on the lot. Each driveway shall service no more than one lot. Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than two (2) lots. Each such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land.
DWELLING Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, except a mobile home and a otherwise provided herein.
DWELLING, MULTI-FAMILY A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein (same as "apartment").
DWELLING, ONE-FAMILY A dwelling built single and apart from any other building and intended and designed to be occupied and used exclusively for residential purposes by one family.
DWELLING, TWO-FAMILY A freestanding building intended and designed to be occupied and used exclusively for residential purposes by each of not more than two families (same as "duplex"). The principal building in a two family dwelling conversion shall share a connected common wall (or floor) for at least 75% of the walls (or floor's) surface. No unheated structure, no structure without foundation and no structure, which is entirely or partially a garage shall be considered as meeting the 75% requirement.
DWELLING UNIT One or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
ERECTED The word "erected" shall include the words "built", "constructed", "reconstructed", "altered", "enlarged" and "moved".
FAMILY One or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
FAMILY SUITE (1987/22) A separate dwelling unit located within a single family dwelling subordinate in size to the principal unit and separated from it in a manner, which maintains the appearance of the building as a single-family dwelling. The size of the family suite is not to exceed 1200 square feet or not more than 25% of the gross floor area of the principal unit, whichever is lesser. The family suite may only be occupied by brothers, sisters, maternal parents and grandparents, in-laws and or children of the residing owners of the principal dwelling unit. In no case shall an apartment be smaller than the minimum required by health and building codes.
FRONTAGE The continuous distance between lot sidelines measured along the street line.
FLOOR AREA, GROSS (1987/20) Gross floor area shall be the floor area within the perimeter of the outside walls of the building without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
FLOOR AREA, NET (1987/21) Net floor area shall be actual occupied area(s) not to include hallways, stairs, closets, thickness of walls, column or other features, which are not occupied areas.
FLOOR AREA, RATIO (1989/32) The ratio of the floor area to the lot area, as determined by dividing the gross floor area by the lot area.
GUEST HOUSE A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. The term "guest house" shall be deemed to include tourist home, but not hotel, motel or multifamily dwelling.
HAZARDOUS MATERIAL(S) (1990/34) Any chemical or mixture of such physical, chemical, or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land in waters of the Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids, and alkalis, and all substances defined as Toxic or Hazardous under M.G.L. Chapter 21C and 21E and those chemicals on the list in Committee Print Number 99-169 of the Senate Committee on Environment and Public Works, titled "Toxic Chemicals" Subject to Section 313 of the Emergency Planning Community Right-to-Know Act of 1986: (including any revised version of the list as may be made pursuant to subsection (d) or (e).
HOME OCCUPATION (1989/32) An accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not limited to the following uses; personal services such as furnished by and artist or instructor but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods, which impacts the residential nature of the neighborhood.
HOTEL OR MOTEL A building intended and designed primarily for transient or overnight occupancy divided into separate units within the same building or buildings. (1996/19)
INDEPENDENTLY ELDERLY HOUSING A multifamily residential structure each with separate access and restricted to individuals or couples at least 55 years of age or older. This definition shall not be constructed to prevent mentally or physically impaired people from living with an occupant or occupants of an independent elderly housing unit.
LOADING BAY An opening in a building not less than ten feet in width and nine feet in height including a platform for loading and unloading goods, merchandise or other materials.
LOT (1989/32) An area of land in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds Office.
LOT, CORNER A lot abutting upon two (2) or more streets at their intersection.
LOT LINES The property lines bounding the lot.
LOT LINE, FRONT The line separating the lot from a street.
LOT LINE, REAR The lot line opposite and most distant from the front lot line.
LOT LINE SIDE Any lot line other than a front or rear lot line.
LOT LINE, STREET Any lot line separating the lot from a street or alley (usually the front lot line).
MEAN HIGH WATER MARK (Lake Cochichewick) an elevation of 113.67 on the United States Coast and Geodetic Survey datum.
MEDICAL CENTER A building or group of buildings designed for the individual or group practice of medicine or dentistry, but not including hospitals or nursing homes.
NO CUT ZONE (1989/32) An area which is left in its natural condition, which shall not be disturbed by any means which includes but not limited to the cutting of trees or under story.
NON-CONFORMING USE A building, structure or use legally existing and/or used at the time of adoption of this Bylaw, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
OFFICE, BUSINESS A primary use consisting of office activities of any type, including business and financial office activities (including banks and financial institutions) and professional office activities.
OFFICE, PROFESSIONAL A primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other professional person or persons.
PARKING AREA, PRIVATE An open area for the same uses as a private parking garage.
PARKING GARAGE, PRIVATE A structure used for parking of automobiles and available to employees, clients or customers whether for a fee or free.
PARKING GARAGE, PUBLIC Any parking garage, other than a private parking garage, which is open to the public and use for the storage of motor vehicles.
PERSONAL SERVICE ESTABLISHMENT An establishment providing personal services to the public such as shoe repair, barbering, dry cleaning, etc.
PLACE OF WORSHIP A church, temple, synagogue, mosque, or other similar place of worship, including parish house, rectory, or convent.
PLANNING BOARD The Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts
PRINCIPAL STRUCTURE (1989/32) The structure on a lot of record, which contains the primary use of the lot. A principal use shall not be contained within an accessory structure as defined in the Bylaw.
PUBLIC BUILDING USE A building or use owned or operated by a local, county, state or federal government agency.
ROOMING HOUSE Any building or portion thereof containing more than two and less than ten rooms without kitchen facilities that are used, rented or hired out to be occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly.
SPECIAL PERMIT The words Special Permit where used in this Bylaw shall mean a permit granted under the guidelines of Section 9 of Chapter 40-A of the General Law.
SPECIAL PERMIT GRANTING AUTHORITY The Planning Board shall be the granting authority of all Special Permits to Cluster Development, Planned Development District, (1985/15) driveways, nursing and convalescent homes, Watershed Protection District (1994/37), Wireless Service Facilities (1998/37) and large estate condominium conversions. The Board of Selectmen shall be the granting authority of all Special Permits pertaining to non-accessory signs as specified in Section 6.52 of this Bylaw. The Board of Appeals shall be the granting authority of all other Special Permits allowed in this Zoning Bylaw.
SPECIAL PERMIT USE A use of a building or lot or an action upon premises which may be permitted under this Bylaw only upon application to the appropriate Special Permit Granting Authority for a Special Permit and subject to the approval of such Permit Granting Authority and the conditions stipulated.
STREET A public way or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board.
STRUCTURE A combination of materials assembled at a location to give support or shelter that is safe and stable, which includes, but is not limited to the following: buildings, stadiums, tents, reviewing stands platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, bridges, sheds, shelters, fences and walls, display signs, and storage trailers or units, whether intended for permanent or temporary purposes, used for storage of goods and products associated with the operations of any business on the subject parcel(s), and remain in any relatively fixed location. The term structure shall be construed as if followed by the words "or part thereof", but shall not include underground utilities, driveways, parking lots, agricultural storage trailers and vehicles, and the like. Where the North Andover General and Zoning Bylaws are silent, then the current edition of the Massachusetts Building Code shall be assumed to apply.
STRUCTURE TEMPORARY Structures that are permitted within a zoning district without any foundation or footing and that are removed or dismantled when the designated time period, activity, or use for which the structure was approved and erected has ceased. Said structure shall be permitted for duration of time not to exceed sixty (60) days unless otherwise specifically approved by the Building Inspector. For purposes of this definition, motor and recreational vehicles shall not be consider under this definition.
TOWN HOUSE An attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by this Bylaw.
TRIBUTARY Any portion of any brook, stream, bog, swamp, or pond, which flows into Lake Cochichewick.
YARD (SETBACK) An open space which lies between the principal building or group of buildings and a lot line.
YARD, FRONT (SETBACK) An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands.
YARD, REAR (SETBACK) An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands.
YARD, SIDE (SETBACK) An open space between the side line of a lot and the adjacent side of any building thereon, such open space being understood to cover the entire extent between the front yard and the rear yard of such a lot.
PLANNED DEVELOPMENT DISTRICT
1. Planned Development District A Planned Development District shall mean development of an area of land as a single entity, which lies in an Industrial S (I-S) District, in which a mixture of residential, open space, commercial, and/or industrial uses, and a variety of building types and designs are determined to be sufficiently advantageous to render it appropriate to grant a Special Permit to depart from the normal requirements of the district in which the PDD is to be located, to the extent authorized by this Zoning Bylaw.
2. Usable Open Space The part or parts of land or structure within the PDD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such a cafes and shall open and unobstructed to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-aired recreational facilities, laundry apparatus and similar objects shall not be considered obstructions.
PUBLIC PARKING AREA A parking area owned and maintained by the Town of North Andover.
ADDITION : The enlargement, alteration, extension or change to an existing dwelling unit that does not result in the creation of an additional dwelling unit.
CONVERSION : The enlargement, alteration, extension or change to an existing dwelling unit that results in the creation of one or more additional dwelling units in a single structure. A property is considered a conversion whether the added dwelling units are included as part of the existing structure, or whether a new structure is built after razing / demolition of the existing structure.
AREA OF SPECIAL FLOOD HAZZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99 V1-30, VE, or V.
BASE FLOOD means the flood having one percent chance of being equaled or exceeded in any given year.
COASTAL HIGH HAZARD AREA means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as ZONE V, V1 -3 0, and VE.
DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRICT means floodplain district.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) and is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, PROVIDED that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
REGULATORY FLOODWAY - see FLOODWAY
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE.
START OF CONSTRUCTION includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavations; of the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, or floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed.
ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.
ZONE A1 - A30 and ZONE AE (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined.
ZONE AH AND ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet.
ZONE A99 means areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined.
ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
ZONE V means a special flood hazard area along a coast subject to inundation by the 100- year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined.
ZONE V1-30 AND ZONE VE (for new and revised maps) means a special flood hazard area along a coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined.
ANNIVERSARY DATE for each subdivision, special permit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained.
DEVELOPER any individual who either as an individual, a beneficial owner of a real estate trust, a partner in a partnership, or an officer or owner of a corporation, requests one or more building permits for the construction of new dwelling units.
DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in substantial common ownership, regardless of form, at any time on or after the date of adoption of this bylaw, for which one or more building permits are sought.
PHASED DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board or its authorized designee in accordance with this Section, which outlines the maximum building permit issuance per development.
APPLICANT : the owner, or prospective owner by reason of a Purchase and Sales Agreement, of the land shown by the plan submitted with the Earth Removal Permit Application.
EARTH MATERIALS : earth materials" shall include soil, loam, sand, gravel, clay, peat rock, or other allied products.
EARTH REMOVAL OPERATIONS : the excavation, removal, stripping, or mining of any earth material on any site within the Town of North Andover.
OPERATING HOURS EXTENSION PERMIT : A permit issued by the Board or the Building Inspector for an extension of the time of operation for trucking from the site until 9:00 p.m.
BOARD : Zoning Board of Appeals.
PERMIT : The word "Permit" in the Earth Removal Section shall mean and include a Special Permit for earth removal as issued by the Special Permit Granting Authority.
A-FRAME SIGN/SANDWICH BOARD : A portable, temporary sign or device capable of standing without support or attachments.
ACCESSORY SIGN - A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent.
ANIMATED SIGN : Any sign that uses movement or a change of lighting to depict action or create a special effect or scene.
BUILDING FRONTAGE - The length in feet of a ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business.
DIRECTIONAL SIGN - A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"x30".
DISPLAY WINDOW SIGNS - Temporary signs on the surface of or inside display windows, lighted only by the general building illumination.
ERECT - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post.
FLAGPOLE - A pole erected on a roof, or projecting from a building or structure or on the ground.
FREESTANDING SIGN - Shall mean and include any sign not attached to a building or the ground.
GROUND SIGN - Any sign erected on the ground which is self-supported and anchored to the ground.
ILLUMINATED SIGN - Illuminated sign shall mean any sign illuminated by electricity, or other artificial light including reflective or phosphorescent light and shall include location of source of illumination.
MARQUEE - Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building.
NON-ACCESSORY SIGN - Any sign that is not an accessory sign.
OBSCENE - shall have the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows:
1. appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;
2. depicts or describes sexual conduct in a potentially offensive way; and
3. lacks serious literary, artistic, or political or scientific value.
PERMANENT SIGN - Any sign permitted to be erected and maintained for more than sixty (60) days.
PRIMARY SIGN - The principal accessory sign which may be a wall, roof, or ground sign, as allowed in Section 6.6.
PROJECTING SIGN - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure.
ROOF SIGN - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure.
SECONDARY SIGN - Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller dimensions and lettering, as allowed in Section 6.6.
SIGN - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary.
SIGN SIZE (AREA) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included.
TEMPORARY SIGN : A sign permitted to be used on a short-term basis for the duration of no longer than sixty (60) days unless otherwise specifically provided herein.
WALL SIGN - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet.
ABOVE GROUND LEVEL (AGL) . A measurement of height from the natural grade of a site to the highest point of the structure.
ABOVE MEAN SEA LEVEL (AMSL) . A uniform point from which height above sea level (or zero elevation) can be measured.
ANTENNA . The surface from which wireless radio signals are sent and received by a wireless service facility.
CAMOUFLAGED . A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged."
CARRIER . A company that provides wireless services.
CO-LOCATION . The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on a preexistent building by more than on e carrier.
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA . A low mount that has three panels flush mounted or attached very close to the shaft.
ELEVATION . The measurement of height above mean sea level.
ENVIRONMENTAL ASSESSMENT (EA) . An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER . An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
FUNCTIONALLY EQUIVALENT SERVICES . Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging.
GPS . Ground Positing System by satellite location of antennas.
GUYED TOWER . A lattice tower that is tied to the ground or other surface by diagonal cables.
LATTICE TOWER . A type of mount that is self-supporting with multiple legs and cross br acing of structural steel.
LICENSED CARRIER . A Company authorized by the FCC to construct and operate a commercial mobile radio service system.
MONOPOLE . The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT . The structure or surface upon which antennas are mounted, including the following four types of mounts:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted on a structure other than a building.
OMNIDIRECTIONAL (WHIP) ANTENNA . A thin rod that beams and receives a signal in all directions.
PANEL ANTENNA . A flat surface antenna usually developed in multiples.
PCS. COMMUNICATIONS SERVICES . These are broadband radiowave systems that operate at a radio frequency in the 1850 - 1900 megahertz range.
RADIOFREQUENCY (RF) ENGINEER . An engineer specializing in electric or microwave engineering, especially the study of radio frequencies.
RADIOFREQUENCY RADIATION (RFR) . The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations.
SECURITY BARRIER . A locked impenetrable wail, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION . The distances between one array of antennas and another array.
UTILITY . A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services.
WIRELESS SERVICE FACILITY . Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures.
WIRELESS SERVICES . The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services.
NURSING CARE FACILITY . A facility for the care of elderly persons requiring regular attention by medical or nursing personnel for reasons of age, ill health or physical incapacity and which has been licensed as a long-term care facility by the Massachusetts Department of Public Health.
CONGREGATE HOUSING UNITS . Dwelling units providing private or communal living for elderly persons who ordinarily are ambulatory and require no or limited medical attention or supervision. Such dwelling units shall consist of a room or group of rooms forming a habitable unit for one, two, or three persons, with facilities used, or intended to be used, for living, bathing, cooking, eating and sleeping.
INDEPENDENT DWELLING UNITS . Dwelling units similar in character and use to congregate housing units and providing elderly residents of such units with access to all supportive services provided in congregate housing units. Independent dwelling units may only consist of free-standing buildings which contain up to five (5) dwelling units per structure.
ASSISTED LIVING UNITS . Dwelling units for elderly individuals or couples in need of assistance with activities of daily living. Such dwelling units may not include facilities for cooking or eating.
ELDERLY . A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older.
WETLANDS . Any area within a parcel of land in a CCRC falling within the definition contained in Chapter 131 of the General Laws of Massachusetts as amended from time to time, or any regulations promulgated pursuant to said chapter.
HOME HEALTH CARE . Medical and therapeutic services provided to residents in their dwelling units.
INDEPENDENT ELDERLY HOUSING is a multifamily residential structure, each dwelling unit with separate access; restricted to individuals and couples 55 years of age and older, but not excluding physically or mentally handicapped individuals.
ACCESSORY BUILDING A detached building, the use of which is customarily subordinate and incidental to that of the principal building or buildings, whether or not located on the same lot.
ACCESSORY USE A use of a parcel customarily subordinate and incidental to the principal use of the lot, or a neighboring lot in the case of a use pursuant to an easement, or to a structure on the lot, or on a neighboring lot in the case of a structure erected and maintained pursuant to an easement.
ADMINISTERING AGENCY The local housing authority or other qualified housing entity designated by the PAA, pursuant to Section17.8.6, to review and implement the Affordability requirements affecting Affordable Housing in Projects under Section 17.8.
AFFORDABLE HOMEOWNERSHIP UNIT - An Affordable Housing Dwelling Unit required to be sold to an Eligible Household.
AFFORDABLE HOUSING - housing that is affordable to and occupied by Eligible Households.
AFFORDABLE HOUSING RESTRICTION - A deed restriction of Affordable Housing meeting statutory requirements in G.L. c. 184, Section 31 and the requirements of Section 17.8 of this Bylaw.
AFFORDABLE RENTAL UNIT - an Affordable Housing Dwelling Unit required to be rented to an Eligible Household.
APPLICANT A person that files an application for Plan Approval and/or special permit and/or other approval pursuant to this Section 17. If the Applicant is not the owner of the real property on which the development is proposed, then the Applicant, as part of the application or notice shall obtain the owner's written authorization to file such application or notice. Such written authorization may take the form of pre-existing agreements or instruments including, without limitation, signed purchase and sale agreement(s) and signed easement(s) (whether or not yet recorded), or a written letter of authorization from the owner of the real property.
AS-OF-RIGHT PROJECT - Means a development of residential or non-residential under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A proposed development that requires a special permit pursuant to this Section 17.0 shall not be considered an As-Of-Right Project.
BUILDING A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, processes or property. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context requires, as though followed by the words "or part of parts thereof."
BUILDING AREA The aggregate of the maximum horizontal cross-sectional area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconied and terraces.
BUILDING HEIGHT - Measured from the average ground height adjoining at the exterior walls of a building to highest point on the roof of the building, exclusive of decorative cupolas, weather vanes, chimneys and vent structures, antennas, satellite dishes, mechanical penthouses and other structures or enclosures not intended for human habitation.
DESIGN STANDARDS Means provisions of Section 17.11 made applicable to developments within the OSGOD that are subject to the Plan Approval process.
DEVELOPMENT Any type of construction not defined as a "Project".
DHCD Department of Housing and Community Development of the Commonwealth of Massachusetts, and any successor agency.
DRIVEWAY OR DRIVE LANE A portion of a lot designed for vehicular access to off-street parking or loading space or to a garage, whether or not located on the same development real property. For purposes of this Section 17, a Driveway or Drive Lane is distinguished from a "Roadway" as defined below.
DWELLING UNIT One (1) or more living, kitchen and sleeping room(s) providing complete living facilities for the use or one (1) or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation, but not including mobile homes or trailers, however mounted, or commercial accommodations offered for transient occupancy of less than one month's duration.
ELIGIBLE HOUSEHOLD - An individual or household whose annual income is less than 80 percent of the area-wide median income for the Lawrence MA-NH HMFA (HUD Metro FMR Area) as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
ENABLING LAWS - G.L. Chapter 40R and 760 CMR 59.00.
FAST FOOD ESTABLISHMENT An establishment whose primary business is the sale of food upon a very short waiting time, served primarily through a drive-through facility, and which, because of the nature of the operation, causes or is a major contributor to a large volume or frequent turnover of vehicular traffic.
FLOOR AREA, GROSS -- Gross floor area shall be the floor area within the perimeter of the outside walls of the building without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
FLOOR AREA RATIO The ratio of the floor area to the development site area defined in the Application, as determined by dividing the Gross Floor Area by the land area of the site which is the subject of the development defined in the Application.
LANDSCAPED BUFFER A planted area intended to provide, when mature, a visual screen between uses. Landscaped buffers may include existing vegetation, new plantings and/or lawn areas. Fencing may form a part of the landscaped buffer or screening where appropriate or dictated by topography or other consideration.
LANDSCAPING Improvements to land to enhance its attractiveness and facilitate its use and enjoyment. Landscaping may include walks, terraces and the like, fencing, stone walls or other decorative walls, site furnishings, grading and reshaping of earth contours, planting, and lawn areas. Landscaping may also include existing natural areas indicated to remain and/or be renovated.
LOT COVERAGE - The gross floor area for principal and accessory structures permitted on a site.
MIXED-USE DEVELOPMENT PROJECT A development containing a mix of residential uses and non-residential uses, as allowed in Section 17.6, and subject to all applicable provisions of this Section 17.
MULTI -FAMILY RESIDENTIAL USE Apartment or condominium Dwelling Units in one or more buildings, each of which buildings contains or will contain more than three (3) such Dwelling Units.
OPEN SPACE - The portion of a site within the OSGOD not occupied by buildings, parking, garages, roadways, driveways and drive lanes, but which shall include, among other areas, all landscaped areas, all un-built areas, all sidewalks and walkways, and all swimming pools, tennis courts and other recreational facilities primarily open to the sky, whether or not landscaped.
OSGOD The Osgood Smart Growth Overlay District established in accordance with this Section 17.
PAA REGULATIONS The rules and regulations of the PAA adopted pursuant to Section 17. Such rules and regulations shall not take effect until approved by DHCD and filed with the Town Clerk.
PLAN APPROVAL A determination made in the form of a written decision by the PAA that the proposed site plan for the development complies with the standards and criteria which a site located within the OSGOD must meet under the procedures established herein and in the Enabling Laws and/or G.L. c. 40A as more particularly provided herein.
PLAN APPROVAL AUTHORITY (PAA) For purposes of reviewing development applications and issuing decisions on development Projects and Commercial Projects within the OSGOD, the Planning Board (the "PAA"), consistent with G.L. Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority, and consistent with G.L. c. 40A, shall be the special permit granting authority or other approval authority as provided herein, and the PAA is authorized to approve a site plan to implement a development.
PRINCIPAL BUILDING A building in which is conducted main or principal use of the site on which said building is situated. A development is permitted to have more than one Principal Building.
PRINCIPAL STRUCTURE The structure on a development site, which contains the primary use of the site. A principal use shall not be contained within an accessory structure as defined in the above. A development is permitted to have more than one Principal Structure.
PROJECT - a Residential Project and/or Mixed Use Development Project, undertaken within the OSGOD in accordance with the requirements of this Section 17.
PROJECT, COMMERCIAL a development which is proposed and which either requires a special permit as provided herein, or is otherwise not a "Project" as defined above.
RESIDENTIAL PROJECT - a Project that consists solely of residential, parking, and accessory uses.
RECREATIONAL USES - Active recreational uses, including but not limited to ball fields; and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.
ROADWAY a main access corridor as defined under Section 17.11.14. A Roadway is not a "Driveway" or "Drive Lane" as defined above.
STRUCTURE A combination of materials for occupancy or use, such as a building, bridge, trestle, tower, framework, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, bin, sign, swimming pool or the like; the term structure shall be construed as if followed by the words "or part thereof".
SUBDISTRICT A specific and defined area of land within the OSGOD that is subject to specific requirements for allowable uses and/or dimensional requirements that may differ from the requirements for allowable uses and/or dimensional requirements in other specific and defined areas within the OSGOD. The boundaries and the names of the Subdistricts are referred to in Section 17.3.3 herein.
UNDERLYING ZONING The zoning otherwise established by the Zoning Bylaw without regard to this Article.
USE The purpose for which a structure or land is used or intended to be used.
USE, SUBSTANTIALLY DIFFERENT A use which by reason of its normal operation would cause readily observable, material differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.
ZONING BYLAW - the Zoning Bylaw of the Town of North Andover, as amended.
AASHTO : American Association of State and Highway Transportation Officials
APPLICANT : a person applying for the approval of a plan under these regulations, including owner, agent, representative or assigns of the owner. The applicant's agent and/or representative shall obtain and submit to the Board written authorization from the owner of record.
AS-BUILT (INTERIM) : An interim as-built plan shall include the following information:
-The location and elevations of all underground drainage, sewer and water pipes, with sizes, inverts, valves and service connections to lots;
-Utilities including electric, telephone, fire alarm, and cable transmission lines and any roadway crossings;
-All detention/retention basins;
-All roadway centerline locations; and
-Width and roadway grades on pavement;
AS-BUILT (FINAL) : A final as-built plan prepared by a Registered Professional Civil engineer and a Land Surveyor showing the as-built information required in Article 5.14.
AUTHORIZED AGENT/BOARD'S DESIGNEE : that person or persons of the Planning Board staff to whom the Planning Board has delegated authority: (1) to receive from applicants, on behalf of the Board, plans and documents and instruments submitted or filed with the Board under the Subdivision Control Law and under these Rules and Regulations and to place thereon the Board's stamp showing date of submission or filing, as the case may be; (2) to file on behalf of the Board in the Town Clerk's office, and record in the Essex North Registry of Deeds plans and documents the subject of proceeding the subject of proceedings before it; (3) to give and publish notice on the Board's behalf all, in each such case, as may from time to time be required by the Subdivision Control Law and by these Rules and Regulations; (4) to issue Stop Work Orders; and (5) that person or persons authorized by the Planning Board to conduct inspections and review proposed projects in accordance with Section 5.7.1 of these regulations.
BASE FLOOD ELEVATION : the level of flooding having a one percent chance of being equaled or exceeded in any given year, as designated on the Federal Insurance Rate Map (FIRM) or, in the absence of such designation, as may be determined based upon the best available information regarding flood hazards, including any available U.S. Geologic Survey, Soil Conservation Service, and/or the Corps of Engineers studies.
BENCH MARK : a permanent physical mark of known elevation. All elevations shall be based on the National Geodetic Vertical Datum of 1929 (NGVD).
BOARD : The Town of North Andover Planning Board. A quorum for a meeting or hearing is three members.
CUL-DE-SAC : a local, dead-end street with a turnaround at the end.
DATE OF SUBMISSION : the date when the plan is delivered at a meeting of the Board or when sent by registered mail to the Board. If mailed, the date of mailing shall be deemed the date of submission of the plan. For the purposes of the Subdivision Control Law and of these Rules and regulations, a plan delivered to the Authorized Agent of the Planning Board during regular business hours at its then principal office shall be deemed delivered at a meeting of the Board.
DRAINAGE : the control of surface or subsurface water within the tract of land to be subdivided.
EASEMENT : a right in land acquired by public authority or other person to use or control property for a utility or other designated purpose.
ENGINEER OR SURVEYOR : a person registered by the Commonwealth of Massachusetts to perform professional civil engineering or land surveying services in accordance with all applicable laws and requirements of such registration.
LOT : An area of land in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds Office. Areas endorsed by the Board upon a plan as "Not a Building Lot" or "not available for building purposes" shall not be considered lots.
MHD : Massachusetts Highway Department
MUNICIPAL SERVICE : public utilities furnished by the town in which a sub -division is located, such as water, sewerage, and electricity. For the purposes of these regulations, private utilities including, but not limited to gas, and community antenna television cabling, shall be considered municipal services.
OWNER : the owner of record as shown by the records of the Essex County South District Registry of Deeds or of the Land Court of the Commonwealth of Massachusetts.
PERSON : an individual, or two or more individuals, or a group or association of individuals, or realty trust, a partnership or a corporation having common or undivided interests in a tract of land.
RECORDED : recorded in the Registry of Deeds for Essex County South District; if registered land is affected, filed with the recorder of the Land Court of the Commonwealth of Massachusetts.
REGISTERED MAIL : registered or certified mail.
REGISTER OF DEEDS : the register of deeds of the county or district in which the land in question, or the Town or town in question, is situated, and, when appropriate, shall include the recorder of the Land Court.
SCENIC ROAD : A street, designated by M.G.L. Ch.40, Section 15-C, as having stone walls and trees of significant value within the street right-of-way. Said street designation shall be by the North Andover Planning Board and the North Andover Board of Selectmen and shall not include numbered state roads.
STREET :
LOCAL : a street that provides direct access to abutting properties only and carries low volumes of traffic; this category includes cul-de-sacs and loop streets.
COLLECTOR : a street used primarily to connect local streets to arterial streets. It carries moderate volumes of traffic. Less than 25% of the average daily traffic of a collector street is normally attributed to through traffic.
MINOR ARTERIAL : a street used to provide movement between major arterial, collectors and other minor arterial. It carries relatively high volumes of traffic. At least 25% of the average daily traffic volume is normally attributed to through traffic.
MAJOR ARTERIAL : a street of regional significance, with high volumes of traffic used primarily to carry traffic through the Town. It is not intended as a residential street.
STRUCTURE : a combination of materials requiring a permit to erect, place or construct to form a configuration and includes, but is not limited to, stadiums, platforms, radio towers, sheds, storage bins, signs, swimming pools, and fences.
SUBDIVISION : the division of a tract of land into two or more lots, including re-subdivision, provided that such division shall not be deemed to constitute a subdivision under the Subdivision Control Law (M.G.L. c. 41 Sec. 81 K-GG) if at the time it is made, every lot within the tract so divided has frontage on:
a) a public way certified by the Town Clerk as being maintained and used as a public way,
b) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or
c) a way in existence prior to the date on which the subdivision control law was adopted by the Town, and meeting the standards of the Board as set forth in Section 3.3.
SUBDIVISION CONTROL : the power of regulating the subdivision of land granted by the Subdivision Control Law.
WAY, PUBLIC : a way which in the judgment of the Board has sufficient width, suitable grades and adequate construction to provide for the needs of the vehicular traffic in relation to the existing and proposed use of land the abutting thereon or served thereby and for the installation of municipal services to such land(s) and/or buildings erected or to be erected thereon which complies with one of the following criteria:
1. a way which the Town Clerk certifies is used as and maintained regularly and consistently as a public way by the Town to the same extent to which other public ways are maintained by the Town; or
2. a way shown on a plan previously approved and endorsed by the Board and recorded at the Registry of Deeds or in the Land Court; or
3. a way existing prior to the date on which subdivision control was adopted by the Town; or
4. a way shown on a plan of a subdivision recorded at the Registry of Deeds or at the Land Court prior to the date on which the Town adopted the subdivision control law.
WETLAND RESOURCE AREA : Those areas subject to protection under the Massachusetts Wetlands Protection Act (MGL c.131 s.40) and the North Andover Wetlands Protection Bylaw and Regulations.
UTILITIES : private or municipal services to be furnished within the subdivision including, without limitation, telephone, community access television, electric light and power, gas lines, sanitary sewers, storm drains, water mains and appurtenances.
ZONING BY-LAW : the Zoning By-law of the Town of North Andover, adopted at the Annual Town Meeting of March 13, 1943, and approved by the Attorney General February 13, 1946, and any and all duly adopted and approved amendments thereto.