For the purpose of this Bylaw, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates the contrary: words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an individual, the word "lot" includes the word "plot" or "parcel", the word "shall" is always mandatory and the word "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended, arranged or designed to be used or occupied".
For the purpose of this Bylaw, the following words and terms used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned.
2.21 ACCESSORY USE OR STRUCTURE A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
2.21.1 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)
2.21.2 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)
2.21.3 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)
2.21.4 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)
2.21.5 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)
2.21.6 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)
2.22 AUTOMOBILE REPAIR SHOP (1989/32) A building or part of a building in which repairs are made to motor vehicles.
2.23 AUTOMOBILE SERVICE STATION A building or place of business where gasoline, oil, and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail and where minor repair service is rendered.
2.24 BODY SHOP A building, or part thereof, used for structural repairs and refinishing of motor vehicles for remuneration.
2.25 BOARD OF APPEALS The Board of Appeals of the Town of North Andover as governed by the General Laws of Massachusetts.
2.26 BUILDING A structure having a roof supported b y columns or walls for the shelter, support, or enclosure of persons, animals, or property.
2.26.1 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.
2.27 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.
2.28 BUILDING, PRINCIPAL A building in which is conducted main or principal use of the lot on which said building is situated.
2.29 CAR WASH An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
2.29.1 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.
2.29.2 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.
2.30 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.
2.30.1 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.
2.31 DWELLING Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, except a mobile home and a otherwise provided herein.
2.32 DWELLING, MULTI-FAMILY A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein (same as "apartment").
2.33 DWELLING, ONE-FAMILY A dwelling built single and apart from any other building and intended and designed to be occupied and used exclusively for residential purposes by one family.
2.34 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.
2.35 DWELLING UNIT One or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
2.36 ERECTED The word "erected" shall include the words "built", "constructed", "reconstructed", "altered", "enlarged" and "moved".
2.37 FAMILY One or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
2.37.1 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.
2.38 FRONTAGE The continuous distance between lot sidelines measured along the street line.
2.38.1 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.
2.38.2 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.
2.38.3 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.
2.39 GUEST HOUSE A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. The term "guest house" shall be deemed to include tourist home, but not hotel, motel or multifamily dwelling.
2.39.1 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).
2.40 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.
2.41 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)
2.41.1 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.
2.42 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.
2.43 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.
2.44 LOT, CORNER A lot abutting upon two (2) or more streets at their intersection.
2.45 LOT LINES The property lines bounding the lot.
2.46 LOT LINE, FRONT The line separating the lot from a street.
2.47 LOT LINE, REAR The lot line opposite and most distant from the front lot line.
2.48 LOT LINE SIDE Any lot line other than a front or rear lot line.
2.49 LOT LINE, STREET Any lot line separating the lot from a street or alley (usually the front lot line).
2.50 MEAN HIGH WATER MARK (Lake Cochichewick) an elevation of 113.67 on the United States Coast and Geodetic Survey datum.
2.51 MEDICAL CENTER A building or group of buildings designed for the individual or group practice of medicine or dentistry, but not including hospitals or nursing homes.
2.52 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.
2.53 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.
2.54 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.
2.55 OFFICE, PROFESSIONAL A primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other professional person or persons.
2.56 PARKING AREA, PRIVATE An open area for the same uses as a private parking garage.
2.57 PARKING GARAGE, PRIVATE A structure used for parking of automobiles and available to employees, clients or customers whether for a fee or free.
2.58 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.
2.59 PERSONAL SERVICE ESTABLISHMENT An establishment providing personal services to the public such as shoe repair, barbering, dry cleaning, etc.
2.60 PLACE OF WORSHIP A church, temple, synagogue, mosque, or other similar place of worship, including parish house, rectory, or convent.
2.61 PLANNING BOARD The Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts
2.61.1 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.
2.62 PUBLIC BUILDING USE A building or use owned or operated by a local, county, state or federal government agency.
2.63 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.
2.64 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.
2.65 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.
2.66 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.
2.67 STREET A public way or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board.
2.68 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.
2.68.a 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.
2.69 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.
2.70 TRIBUTARY Any portion of any brook, stream, bog, swamp, or pond, which flows into Lake Cochichewick.
2.71 YARD (SETBACK) An open space which lies between the principal building or group of buildings and a lot line.
2.72 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.
2.73 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.
2.74 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.
2.75 (1985/25) See 2.30.1
2.76 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.
2.77 PUBLIC PARKING AREA A parking area owned and maintained by the Town of North Andover.
