4.1.1 General Provisions
1. In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit (1985/26).
2. When a lot in one ownership is situated in part of the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein.
3. When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to the extent not more than one hundred (100) linear feet in depth (at right angle to such boundary) into the lesser part by area of such lot so divided.
4. Accessory uses as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are located nor impair the neighborhood. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the customer.
5. No private or public (1985/20) way giving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district.
4.12 Permitted Uses
4.121 Residence 1 District
Residence 2 District
Residence 3 District
1. One-family dwelling, but not to exceed one dwelling on any one lot.
2. Place of worship.
3. Rooming house, renting rooms for dwelling purposes or furnishing table board to not more than four (4) persons or members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name place or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
4. For use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling.
b. The use is carried on strictly within the principal building;
c. There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings;
d. Not more than twenty five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits;
e. There will be no display of goods or wares visible from the street;
f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, omission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood;
g. Any such building shall include no features of design not customarily in buildings for residential use.
5. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, sale of the premises upon which they are placed.
6. Agriculture, horticulture, floriculture, viticulture or silvaculture. (1986/100)
a. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5), the keeping of one additional animal or bird but not the keeping of animals, birds, or pets of persons not resident on such lot. (1993/36)
b. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, and poultry batteries.
c. The sale of products raised as a result of the above uses on the subject land. (1986/100)
d. The sale of products of agriculture, horticulture, floriculture, viticulture or silvaculture as well as accessory or customary items, by any person who is primarily engaged in ay of the above activities. The operation must be on at least ten (10) contiguous acres used primarily for any of these activities. (1986/100)
7. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.
8. Museums.
9. a. Public and private non-profit educational facilities. (1986/17)
b. Private for profit educational facilities by Special Permit. (1986/17)
10. Public building and public service corporations (Special Permit Required), but not including public works garages.
11.Golf Course.
12. Swimming and/or tennis clubs shall be permitted with a Special Permit.
13. Cemetery.
14.Nursing and convalescent home- see dimensional requirements of Table 2 (Special Permit Required).
15.Municipal recreational areas.
16.Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
17. Family Suite a separate dwelling unit within or attached to a dwelling for a member of a household is allowable by Special Permit provided:
a. The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing owners of the dwelling unit;
b. That the premises are inspected annually by the Building Inspector for conformance to this section of the Bylaw;
c. The Special Permit shall be recorded at the North Essex Registry of Deeds.
18. Accessory buildings no larger than sixty four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
19. Day Care Center by Special Permit. (1985/23)
20. Independent Elderly Housing by Special Permit in Residence District 3 only.
4.122 Residence 4 District
2. Place of Worship.
3. Renting rooms for dwelling purposes or furnishing table board to not more than four (4) persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
4. For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation, and residing said dwelling
b. The use is carried on strictly within the principal building;
c. There shall be no exterior alterations, accessory building, or display which are not customary with residential buildings;
d. Not more than twenty-five (25) per cent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits.
e. There will be no display of goods or wares visible from the street;
f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or any other way become objectionable or detrimental to any residential use within the neighborhood.
g. Any such building shall include no feature of design not customary in buildings for residential use within the neighborhood.
5. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or dale of the premises upon which they are placed.
6. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lit six to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
7. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.
8. Museums.
9. a. Public and private non-profit educational facilities. (1986/17)
b. Private for profit educational facilities by Special Permit (1986/17)
10. Municipal building or use, and public service corporation use (Special Permit Required). (1986/18)
11. Golf Course.
12. Swimming and/or tennis clubs shall be permitted with Special Permit.
13. Cemetery.
14. Residential Dwellings
A. Dwelling types
b. Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw.
B. Conversions - The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw, provided that conversion from a one-family to a two-family dwelling meets the following additional requirements:
a. If a conversion involves increasing the size of an existing structure, the expansion area shall not exceed 50% of the original building's gross floor area up to a maximum of 1500 s.f. The size of the second dwelling unit can never exceed 1500 s.f.
b. If a conversion involves razing an existing structure, the gross floor area of the new residential structure shall not exceed 150% of the gross floor area of the original building, nor shall the new structure be more than 1,000 square feet of gross floor area larger than the original structure, whichever is less. The size of the second dwelling unit may never exceed 1,500 square feet. If an existing lot is subdivided to form two or more new lots, and the existing structure lies within more than one of the new lots, and if the existing structure is to be razed in connection with the conversion, then new buildings on any lot formerly covered by the existing structure must comply with all the provisions of 4.122.14.B of the Bylaw. Newly created lots not formerly covered by the existing structure must meet the requirements of 4.122.14.D of the Bylaw.
c. There must be two parking spaces for each dwelling unit.
d. No parking/driveway shall be permitted within 10 feet of any lot line.
e. No garage or carport shall face the street unless it is located at least 10 feet behind the front facade of the principal structure and in accordance with the dimensional setbacks outlined in Table 2 of this Bylaw.
f. The converted structure shall meet all of the dimensional requirements of the R-4 District identified in Table 2 of this Bylaw.
g. Stairways leading to the second or any higher floor shall be enclosed.
h. The principal building in a conversion to a two-family dwelling shall share a connected common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without foundation, and no structure that is entirely or partially a garage shall be considered as meeting the 75% requirement.
i. The conversion of a one-family dwelling to a two-family dwelling:
1. Must not result in any portion of the post-conversion roofline height exceeding the pre-conversion roofline height by more than five (5) feet, and
2. Must not significantly increase or decrease the pitch of any additional post-conversion roof area
C. The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw. The conversion of a single family dwelling to a two-family dwelling must comply with the provisions of Sections 10.3, 4.122.14.B, and 4.122.14.D.
D. Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or Multi- Family Conversions.
a. The Zoning Board of Appeals may approve a special permit for a proposed use of a building, dwelling or structure provided by Section 4.122.14.A.b., 4.122.14.B or 4.122.14.C upon finding that the application complies with the purposes of this Bylaw, and is consistent with the use of the site for the purpose permitted within the Residential 4 District. In making its decision, the Zoning Board shall consider the following criteria in addition to those listed in Section 10.31:
1. Consistency with the North Andover Master Plan.
2. The degree to which the proposed use furthers the Town's interest in providing a range of housing types, where applicable.
3. The degree to which the application addresses the following design standards:
i. Achieve compatibility with the established pattern of uses in the district. The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue, and more compact neighborhoods with a mix of residential uses toward Waverly Road. New construction or substantial alteration of buildings must compliment and reinforce the design features of these neighborhoods.
ii. Achieve design compatibility with architectural features and exterior materials of surrounding structures.
iii. Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State Register, and are more than 50 years old as of the date of application for a special permit, may be converted, constructed, reconstructed, restored or altered only in a manner that maintains or promotes their status as listed or eligible historic resources. For purposes of zoning compliance, additions or alterations that adhere to the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties will generally be presumed to maintain or promote such status. iv. Preserve established, mature vegetation.
b. The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to be converted for use as a dwelling of not more than five (5) residential units, and meeting all requirements of the State and Town Statutes and Bylaws, including the Health Codes, Building Codes, Zoning Laws and Zoning Bylaws. Proof of ownership must be supplied with the application.
E. Definitions:
a. ADDITION : The enlargement, alteration, extension or change to an existing dwelling unit that does not result in the creation of an additional dwelling unit.
b. 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.
15. Municipal recreational areas.
16. Guest or rooming houses.
17. Nursing and convalescent homes see dimensional requirements of Table 2 (Special Permit Required).
18. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory shall not be injurious, noxious, or offensive to the neighborhood.
19. Accessory buildings no longer than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
20. Day Care Center by Special Permit. (1985/23).
21. Congregate Housing for Elders Special Permit
a. In the R-4 zone the Planning Board may grant a Special Permit for congregate housing consistent with Special Permit criteria and procedures set forth in Section 10.3 of this Bylaw.
b. The maximum allowable FAR for congregate housing shall be 0.30 in the R-4 District seven (7) units.
c. In no instance shall any new or pre-existing building used for congregate elderly housing, have no more than fourteen (14) dwelling units.
d. All dimensional criteria established in Section 7, Table 2 Summary of Dimensional Regulations shall apply to all structures used for congregate housing purposes.
22. Family Suite a separate dwelling unit within or attached to a dwelling for a member of a household is allowable by Special Permit provided:
a. The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing owners of the dwelling unit;
b. That the premises are inspected annually by the Building Inspector for conformance to this section of the Bylaw;
c. The Special Permit shall be recorded at the North Essex Registry of Deeds.
4.123 Village Residential District (1987/11)
1. Single- family residential structures.
2. Two-family residential structures.
3. Multifamily residential structures, not exceeding five (5) dwelling units per structure.
4. Place of worship.
5. Renting rooms for dwelling purposes or furnishing table board to not more than four (4) persons not
6. For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions apply:
a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling
b. The use is carried on strictly within the principal building.
c. There shall be no exterior alterations, accessory building or display which is not consistent with residential buildings.
d. Not more than twenty- five percent (25%) of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities, or products which occupy space beyond these limits.
e. There will be no goods or wares visible form the street.
f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance, emissions of odor, gas smoke, dust, noise, disturbances, or on any way become objectionable or detrimental to the residential use within the neighborhood.
g. Any such building shall include no feature of design not customary in building for residential use.
Real estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall
a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such a lot, and or each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or pets of persons not resident of such lot.
c. On any lot of at least five (5) acres the keeping of any number or animals, or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
9. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.
10. Museums.
11. Educational facilities.
12. Municipal building and public service corporation use. (Special Permit Required)
13. Golf Course.
14. Swimming and/or tennis clubs shall be permitted with a Special Permit.
15. Cemetery.
16. One or two-family dwellings, including the right to convert an existing dwelling to accommodate not more than five (5) family units by Special Permit for the Zoning Board of Appeals after a public hearing with due notice given, provided:
a. No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person, partnership, or corporation to be converted for use as dwellings of not more than five (5) family units, and meeting all requirements of the State and Town Statutes and Bylaws, including Health Codes, Safety Codes, Building Codes, Zoning Laws and Zoning Bylaws.
b. Stairways leading to the second or any higher floor shall be enclosed.
17. Municipal recreational areas.
18. Guest or rooming houses.
19. Nursing and convalescent homes see dimensional requirements of Table 2 (Special Permit required).
20. Any accessory building no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
21. Day Care Center by Special Permit. (1985/23)
4.124 Residence 5 District
1. One-family dwelling.
2. Place of worship.
3. Renting rooms for dwelling purposes for furnishing table board to not more than four (4) persons not members of the family resident in a dwelling so used, provided there by no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
4. For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling.
b. The use is carried on strictly within the principal building;
c. There shall be no exterior alterations, accessory buildings, or display which are not customary with residential use;
d. Not more than twenty five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one-thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept not stock in trade, commodities or products that occupy space beyond these limits;
e. There will be no display of goods or wares visible from the street;
f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, omission of odor, gas, smoke, dust, noise, disturbance or any other way become objectionable or detrimental to the residential use of the neighborhood;
g. Any such building shall include no feature of design not customary in buildings for residential.
5. Real Estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed.
6. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or birds; but not the keeping of such animals, birds, or pets of persons not resident on such a lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
7. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit.
8. Museums.
9. Public buildings or use and public service corporations (Special Permit Required), but not including public works garages.
10. a. Public and private non-profit educational facilities (1986/17)
b. Private for profit educational facilities by Special Permit. (1986/17)
11. Golf Course.
12. Swimming and/or tennis clubs shall be permitted with a Special Permit.
13. Cemetery.
14. Town houses.
15. Guest or rooming houses.
16. Nursing or convalescent home see dimensional requirements of Table 2 (Special Permit required).
17. Multifamily dwellings.
18.Professional offices on the ground floor of multifamily dwelling structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each one-thousand (1000) square feet or part thereof such floor space shall reduce the permitted number of dwelling units by one).
19. Hotel or motel (Special Permit required).
20. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
21. Accessory buildings no larger than sixty four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
22. Day Care Center by Special Permit. (1985/23)
4.125 Residence 6 District (1989/43)
1. Single-family residential structure.
2. Two-family residential structure.
3. Multifamily residential structures, not exceeding seven (7) dwelling units per structure.
4. Place of worship.
5. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be not advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
6. For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
a. Not more than three (3) people may be employed in the home occupation, one of whom shall be owner of the home occupation and residing in said dwelling.
b. The use is carried on strictly within the principal building.
c. There shall be no exterior alterations, accessory building, or display that are not customary with residential buildings.
d. Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade commodities, or products which occupy space beyond these limits.
e. There will be no display of goods or wares visible from the street.
f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable to any residential use within the neighborhood.
g. Any such building shall include no feature of design not customary in buildings for residential use.
7. Real estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed.
8. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animals or birds; but not the keeping of animals or birds or pets of persons not a resident of such lot.
c. On any lot of at least five (5) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
9. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pools location. Pools shall have a minimum of a ten (10) foot set back from rear and side lot lines and be located no nearer the street than the building lien of the dwelling, except by Special Permit.
10. Museums.
11. Educational facilities.
12. Municipal building and public service corporation use (Special Permit required).
13. Golf course.
14. Swimming and/or tennis clubs shall be permitted with Special Permit.
15. Cemetery.
16. One of two-family dwellings, including the right to convert an existing dwelling to accommodate not more than seven family units by special Permit from the Zoning Board of Appeals after a public hearing with due notice given, provided:
a. No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person, partnership, or corporation to be converted for use as dwelling of not more than seven (7) family units, and meeting all the requirements of the State and Town Statues and Bylaws, including Health Codes, Safety Co des, Building Codes, Zoning Laws, and Zoning Bylaws.
b. Stairways leading to the second or any higher floor shall be enclosed.
17. Municipal recreation areas.
18.Guest or rooming houses.
19.Nursing and convalescent homes see dimensional requirements of Table 2 (Special Permit required).
20. Any accessory building larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from the side and rear lot lines and shall be located no nearer to the street than the building line of the dwelling.
21. Day Care Center by Special Permit.
The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board.
1. Retail stores, salesrooms, funeral parlors, showrooms or places for any professional artistic or mercantile activity not involving automotive sales, manufacturing or service, al so retail bakeries or confectioneries by Special Permit.
2. Banks, offices and municipal, civic or public service buildings, such a post offices, telephone exchanges, town offices, school library, location passenger station by Special Permit.
3. Dining room or lunchroom by Special Permit.
4. Any accessory use customarily incident to any of the above permitted used, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit.
5. Single family residential structures, which conform to the following dimensional criteria: (1992/52)
For each application filed for a Special Permit under this Section, the applicant must have a contiguous parcel of land, in a single or consolidated ownership at the time of application, which is at least three (3) acres in size.
Footnote: 1. In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shall be 250 feet.
2. Only if all lots or structures are serviced with public sewer and/or private sewer system approved and accepted by the Town. For the purpose of this Section, the term private sewer system shall mean a sewer system built by a developer of the Town specifications and locations, and dedicated to the Town. In no instances shall the term private sewer system be construed to limit accessibility to the sewer system beyond regulations consistent with the public sewer system.
4.126 Business 1 District
1. Retail establishments up to 50,000 square feet of gross floor area per user. Retail establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a Special issued by the Planning Board as Special Permit Granting Authority.
2. Personal service establishments.
3. Professional offices, banks, real estate offices, and insurance offices.
4. Eating or drinking uses may be permitted only as a secondary use within a permitted primary use.
5. Place of worship.
6. Non-profit school.
8. Art gallery.
9. Residential uses including one and two-family dwellings. Apartments shall be allowed where such use is not more than fifty (50%) percent of the total floor space in the building.
10. a. Farming of field crops or row crops, truck gardens, orchards, plant nurseries and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total on not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
11. Swimming and/or tennis clubs shall be permitted with a Special Permit.
12. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
13. Day Care Center by Special Permit (1985/23).
4.127 Business 2 District
1. Retail establishments up to 50,000 square feet of gross floor area per user. Retail establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a Special Permit issued by the Planning Board as Special Permit Granting Authority.
2. Personal Service establishments.
3. Professional offices, banks, real estate offices and insurance offices.
4. Business and other offices.
6. Art gallery.
7. Swimming and/or tennis clubs shall be permitted with a Special Permit.
8. Place of worship.
9. Eating and drinking establishments.
10. Non-profit school or private school for profit or museum.
11. Indoor place of amusement or assembly.
12. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline).
13. Medical center, clinic or medical laboratory.
14. Funeral parlor.
15. Multifamily dwelling and town houses (with Special Permit).
16. Public parking garages.
17. Taxi depot.
18. Printing and reproduction.
19. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
20. Residential use where such use is not more than fifty (50%) percent of the total floor space in the structure.
21. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be noxious, injurious, or offensive to the neighborhood.
22. Day Care Center by Special Permit (1985/23).
4.128 Business 3 District
1. Retail establishments.
2. Personal service establishments.
3. Professional offices, banks, real estate offices and insurance offices.
4. Business and other offices.
6. Art gallery.
7. Swimming and/or tennis clubs shall be permitted with a Special Permit.
8. Place of worship.
9. Eating and drinking establishments.
10. Non-profit school or private school for profit or museum.
11. Indoor place of amusement or assembly.
12. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along the centerline).
13. Medical center, clinic or laboratory.
14. Funeral parlor.
15. Public parking garage.
16. Taxi depot.
17. Printing and reproduction.
18. Research and development facilities
19. New car sales but not to include outdoor car sales lots accommodating more than ten (10 used cars.
20. a. Farming of field crops or row crops, truck gardens, orchards, plant nurseries and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
21. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
22. Day Care Center by Special Permit (1985/23)
4.129 Business 4 District
1. Research and development facilities.
2. Business, professional and other offices.
3. Accessory retail, personal service and eating and drinking use shall be permitted in an amount not to exceed ten (10%) percent of the total gross floor area of the principal uses.
4. Place of worship.
5. Non-profit school or private school for profit or museum.
7. Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured alone centerline).
8. Medical center, clinic or medical laboratory.
9. Nursing or convalescent homes. See dimensional requirements of Table 2.
10. Art gallery.
11. Swimming and/or tennis clubs shall be permitted with a Special Permit.
12. Printing and reproduction.
13. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
14. Parking, indoor storage and other accessory uses associated with the above uses, provided that such use shall not be injurious, noxious, or offensive to the neighborhood.
15. Day Care Center by Special Permit (1987/12).
4.130 Village Commercial District (1987/12)
1. Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or place for any professional, artistic or mercantile activity, not involving automotive sales or manufacturing; also retail bakeries or retail confectioneries.
2. Banks, offices and municipal, civic or public service buildings, such as post office, telephone exchanges, town offices, school, library, museum, place of worship, local passenger station.
3. Hall, club, theater, or other place of amusement or assembly.
4. Restaurant, dining room or lunch room.
5. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
6. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
d. The sale of products of agriculture, horticulture, floriculture, viticulture, or silvaculture as well as accessory or customary items by the persons who is primarily engaged in any of the above activities. The operation must be at least ten (10) contiguous acres used primarily for any of these activities.
7. Day Care Center by Special Permit (1985/23)
4.131 General Business District
1. Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing, also retail bakeries or retail confectioneries.
2. Banks, offices and municipal, civic, or public service buildings, such as post office, telephone exchange, town offices, school, library, museum, place of worship, local passenger station.
3. Hall, club, theater, or other place or amusement or assembly.
4. Automobile service and filling stations, automobile storage and repair garages, including automobile body repairs and painting, and automobile sales agencies for new and used cars, provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles.
5. Restaurant, dining room or lunchroom.
6. Residential use where such use is not more than fifty percent (50%) of the total floor space in the structure.
7. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
8. a. Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
9. Day Care Center by Special Permit (1985/23).
4.132 Industrial 1 District
1. Research and development facilities.
2. Business, professional and other offices.
3. Retail and food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than ten percent (10%) of the gross floor area of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have ten percent (10%) of gross floor area (GFA) devoted to any accessory use. (Refer to Section 2.21, Definition of Accessory Use Structure). (1987/25)
4. Place of worship.
5. Non-profit school or private school for profit.
7. Medical center, clinic, or medical laboratory.
8. Art gallery or museum.
9. Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permitted with a Special Permit.
10.Printing and reproduction.
11.Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
12. a. Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
13.Warehousing and wholesaling shall be permitted only as a secondary use.
14. Golf course.
15.Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
16.Day Care Center by Special Permit (1985/23).
4.133 Industrial 2 District
1. Research and development facilities.
2. Business, professional and other offices.
3. Retail and food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than ten percent (10%) of the gross floor area (GFA) of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have ten percent (10%) of gross floor area (GFA) devoted to any accessory use. (Refer to Section 2.21, Definition of Accessory Use Structure). (1987/25)
4. Place of worship.
5. Non-profit school or private school for profit.
6. Public service corporation and energy or resource recovery facility, provided that said resource recovery facility has first obtained a valid site assignment from the Board of Health pursuant to Section 150A of Chapter 111 of the General Laws. Any dumping of ash or other hazardous material generated by such facility shall be subject to Special Permit Granting Authority to be the Planning Board. (1992/56), (1999/28)
7. Medical center, clinic, or medical laboratory.
8. Art gallery.
9. Recreational uses, including swimming club, tennis club, health club, indoor ice skating facility, and indoor/outdoor athletic recreation facility by Special Permit.
10. Printing and reproduction.
11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
12. a. Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
13. Warehousing and wholesaling.
14. Golf course.
15. Lumber or other building materials storage or sales, fuel storage or contractor's yard, provided all outdoor uses are enclosed by a fence of five (5) feet or more in height.
16. Bus garage.
17. Automobile service station (limited to one in each 2000 linear feet of street or highway as measured along centerline.)
18. Car wash.
19. Automobile or other motor vehicle repair, provided all activities are within an enclosed building.
20. Veterinary hospitals and kennels, provided all activities are with and enclosed building.
21. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
22. Day Care Center by Special Permit (1985/23).
23. Hotels and motels limited to one in each 2,000 linear feet of street or highway as measured along the centerline.
4.134 Industrial 3 District
1. Public buildings.
2. Public garages and accessory buildings.
3. Public service corporations.
4. Public sanitary disposal site.
5. Public storage of equipment.
6. All uses permitted in the Industrial 1 District.
7. Day Care Centers by Special Permit (1985/23).
4.135 Industrial "S" District
1. Research and development facilities.
2. Business, professional and other offices.
3. Place of worship.
4. Non-profit school or private school for profit.
6. Printing and reproduction.
7. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
8. Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger station, or business office buildings. By Special Permit, an automobile service or filling station, a diner, a restaurant, a retail food store, but no other retail stores of any kind.
9. Warehousing and wholesaling.
10. Lumber or other building materials storage or sales, fuel storage, or contractor's yard, provided all outdoor uses are enclosed by a fence of five (5) feet or more in height.
11. Bus garage.
12. Any accessory use customarily incident to any of the above permitted uses, provided that such use shall not be injurious, noxious or offensive to the neighborhood.
13. a. Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
14. Day Care Center by Special Permit (1985/23).
4.136 Watershed Protection Division
1. Purpose
a. The Watershed Protection District is herein established as an overlay district and shall be superimposed on the other districts established by this Zoning Bylaw. The requirements enumerated hereafter for this Watershed Protection District shall be in addition to, rather than in place of, the requirements of such other districts.
b. The Watershed Protection District surrounds Lake Cochichewick, the Town's sole source of public drinking water supply. Regulations within the District are intended to preserve the purity of the ground water, the lake and its tributaries; to maintain the ground water table, and to maintain filtration and purification functions of the land; while conserving the natural environment; and protecting the public health, safety and welfare.
c. The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P., Inc., for the Town of North Andover, is a comprehensive study of the lake and its watershed. The Watershed Protection District is a portion of the I.E.P's study recommended management plan. Copies of the I.E.P. report are available in the Planning Board Office.
d. The Special Permit Granting Authority (SPGA) under this Bylaw shall be the Planning Board.
2. Boundaries and Zones
a. The boundaries of the Watershed Protection District are shown on the Zoning Map as set forth on a plan entitled "Subdrainage Areas", Lake Cochichewick Watershed Plan (August 1987), Attachment 1, dated August 1985, prepared by I.E.P., Inc., for the Town of North Andover. This plan is hereby made a part of this Bylaw and is on file in the Office of the Town Clerk.
b. The Watershed Protection District shall be divided into four zones. The uses and building requirements for each zone vary according to its proximity to the Lake and wetland resource areas. The Zones area as follows:
i. General: there shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed.
ii. Non-Discharge: There shall exist a General Zone within the Watershed Protection District which shall consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and between one hundred fifty (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource areas (as defined by in M.G.L., Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed.
iii. Non-Disturbance: There shall exist a Non-disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty (150) feet and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy-five (75) feet and one hundred fifty (150) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed.
iv. Conservation: There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fifty (150) feet horizontally form the edge of all wetland resource areas and within seventy five (75) feet from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed.
c. In the event that the SPGA determines, on the basis of credible evidence before it, that there exists a significant doubt or dispute concerning the proper location of boundaries of the Watershed Protection District on any individual lot or lots, the SPGA shall, at the request of the owner of such lot or lots, engage a Registered Professional Engineer to advise it in determining such boundaries. The owner making such request shall reimburse the SPGA for the cost of such engineer. Upon completion of the Engineer's report to the SPGA, the SPGA shall hold a hearing, such report shall be deemed evidence sufficient to establish the location of the boundary unless rebutted by credible evidence to the contrary.
d. When the Watershed Protection District boundary divides a lot of record as of June 28, 1978, in one ownership, that portion of the lot within the Watershed Protection District must comply with this Bylaw. Where the premises are partially outside of the Watershed Protection District, potential pollution sources such as on-site waste disposal systems, shall be located outside of the District to the extent feasible.
e. The provisions relating to the Conservation Zone Shall not apply to any activities undertaken by the Division of Public Works.
f. The provisions relating to the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones shall only apply to lots recorded or registered after the date of the enactment of this amendment (October 24, 9194). (1994/ISTM).
