SIGN :A sign shall consist of any of the following elements:
a. Lettering, words, numerals, emblems, trademarks, logos, images, drawings, pictures, graphics, pennants, streamers, or other devices of any material or construction, however displayed, whether as an independent structure or as part of a building or other structure or object;
b. Any visual device designed to inform, attract or draw the attention of persons outside the premises on which the device is located, including messages within or attached to windows and doors;
c. Any exterior building surface that is internally illuminated or decorated with gaseous tubing, LED displays or back lighting.
SIGN AREA : The area of the smallest horizontal or vertical rectangle enclosing the entire display area of the sign. The display area of a sign is the entire area, different in color or composition from the facade or common trim of the building used to frame or provide a background for the sign. The display area may contain open space and irregular shapes if they are part of the sign. The display area shall also include internally illuminated, back-lit or decoratively lighted sign support structures if such elements are present. The area of doublesided signs shall be calculated using the area of only one face of the sign.
SIGN HEIGHT : The distance measured from the ground level at the base of the sign to the top of the sign or support structure, whichever is higher. For freestanding signs, the land under or surrounding the sign may not be built up or elevated to reduce the calculated height of the sign.
SIGN SUPPORT STRUCTURE : Any device, such as a pole, bracket or post, used to support a sign. The sign support structure shall be excluded from the calculation of the sign area if it contains none of the elements described in § 5.2.2.1 above, and, for freestanding signs, the total width of the support structure is less than 25% of the width of the supported sign.
ATTACHED SIGN : A sign that is either attached parallel to the facade of a building, facing in the same direction as the facade, or displayed on the fixed canopy or awning of a building.
[Amended 4-28-2010 ATM, Art. 49]
FREESTANDING SIGN : A sign that is supported by its own structure and is not attached to a building or other structure.
PROJECTING SIGN : A sign mounted perpendicular to the building facade.
DOUBLE-SIDED SIGN : A freestanding or projecting sign having two parallel opposite faces separated by a distance of not more than 12 inches. A sign with two opposite faces that are not parallel shall be considered a double-sided sign if the two faces are joined to each other, or to a common support structure, at one end, and the angle of separation between the two faces does not exceed 30 degrees.
TEMPORARY SIGN : A non-permanent sign that is displayed for a limited duration. Temporary signs may be exterior (displayed on the exterior or outside of a structure) or interior (attached or displayed from the inside of a structure, viewed from the outside through a window or other opening).
PORTABLE OR REMOVABLE SIGN : A temporary sign of any shape or configuration that is selfsupporting and not permanently fixed or mounted to the ground or to another structure.
INTERNALLY ILLUMINATED SIGN : A sign that is illuminated by a light source internal to the sign. Signs having a light source that forms the exterior surface of the sign or all or part of the design elements, shall be considered to be internally illuminated.
NONCONFORMING SIGN : A sign, including its support structure, that does not conform to the regulations prescribed in this bylaw, but which was in existence at the time the regulations became effective and was lawful at the time it was installed or erected.
OPEN SPACE : For the purposes of this Section 5.2. open space shall be defined as undeveloped land available to the public at no cost, for passive recreation such as hiking, bird watching fishing, photography, picnicking, cross country skiing biking, horseback riding or other activities which do not alter or disturb the terrain and at the same time to conserve natural and scenic resources, protect air, streams or water supply, and enhance the value of the and to the public.
AWNING : A fixed or retractable structure, whether made of canvas, plastic, metal or other material, placed over a storefront, door or window. For the purpose of this Section 5.2. Signs, awnings shall not be considered a sign. Lettering symbols or graphic elements appearing on either the body or the valance of an awning (and not otherwise exempt) shall constitute an Attached Sign. The area of a sign displayed on an awning consists of the area encompassed by any lettering, symbols, or graphic elements distinct from the awning background color.
SENIOR - Any person having reached the age of sixty-two (62) years.
SENIOR HOUSEHOLD - Any household having at least one person 62 years or older.
AGING POPULATION - Population having reached the age of 62 years or older.
SENIOR RESIDENTIAL COMMUNITY OVERLAY DISTRICT (SRCOD) - A district comprised of any use or combination of uses as defined herein. A SRCOD may include one or more of the following: independent housing, congregate housing, assisted living memory care, restorative care/skilled nursing facilities, home health care and associated services primarily for the purposes of serving the aging population on-site.
DWELLING UNIT (DU) - One or more living or sleeping rooms arranged for the use of one or more seniors living in a single housekeeping unit (excluding mobile homes and trailers). The intent of this definition for this section is to define a "home" with private sleeping quarters rather than a dormitory arrangement of sleeping quarters.
INDEPENDENT LIVING UNIT - Private residential dwelling unit individually equipped with a minimum of a kitchen, bedroom, bathroom and living area. This type of housing is for independently functioning seniors.
CONGREGATE HOUSING - Dwelling units that provide private or communal living for seniors who ordinarily are ambulatory and require no (or limited) medical attention or supervision. Such units shall consist of a room or rooms forming a habitable unit for up to ten persons, with facilities used for living, bathing, cooking, eating and private sleeping quarters.
ASSISTED LIVING FACILITY - Dwelling units for seniors who have difficulty functioning independently and require oversight and assistance with one or more activities of daily living such as dressing, eating, bathing, walking or toileting, which are provided by a 24 hour staff. Such units may include a bedroom, bathroom, and sitting area. In addition dining services and full personal care are provided. Special care programs specifically designed for seniors with memory loss are included in this category. The Assisted Living must obtain all required permits and/or licenses required to operate such a facility and must be certified by the Executive Office of Elder Affairs or applicable State agency.
RESTORATIVE CARE/SKILLED NURSING FACILITY - Includes any institution which provides 24 hour skilled nursing care to seniors admitted for convalescent care, rehabilitative care, or long-term care. Programs include additional professions such as physical therapy, occupational therapy, speech therapy, social services, and medical oversight. The Restorative Care/Skilled Nursing Facility must obtain all required permits and/or licenses required to operate such a facility and must be certified by the Executive Office of Elder Affairs or applicable State agency.
ACCESSORY BUILDING A detached subordinate building located on the same lot with a principal building, use of which is an accessory use as herein defined. A garage or other "accessory building" attached directly to the principal building or connected by any enclosed or roofed structure shall be considered to be a part of the principal building.
ACCESSORY USE A use which is subordinate to, clearly incidental to, customary in connection with, and located on the same lot as, the principal use.
ADULT BOOKSTORE An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement, as defined in G.L. c. 272, s.31.
ADULT CABARET A nightclub, bar, restaurant, tavern, dance hall or similar commercial establishment which regularly features persons or entertainers who appear in a state of nudity or live performances which are distinguished or characterized by nudity, sexual conduct or sexual excitement, as defined in G.L. c. 272, s. 31.
ADULT MOTION-PICTURE THEATER An enclosed building or any portion thereof regularly used for presenting material (motion-picture films, video cassettes, cable television, slides or any other such visual media) distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement, as defined in G.L. c. 272, s. 31.
[Amended 4-27-2004 ATM, Art. 43]
ADULT PARAPHERNALIA STORE An establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement, as defined in G.L. c. 272, s. 31.
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 G.L. c. 272, s. 31.
ADULT USE Adult bookstores, adult cabarets, adult motion-picture theaters, adult paraphernalia stores and adult video stores, as defined in this by-law. For purposes of interpreting the definition of "adult use" as defined in this by-law, "regular or regularly,' shall mean a consistent, ongoing and substantial course of conduct, such that the films, performances or business activities so described constitute a significant and substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
[Amended 4-27-2004 ATM, Art. 44]
AGRICULTURAL USE, EXEMPT Agriculture, horticulture, floriculture, or viticulture on parcels of more than five acres in area and exempted by G.L. c. 40A, S. 3.
AGRICULTURAL USE, NON-EXEMPT Agriculture, horticulture, floriculture, or viticulture on parcels of five acres or less not governed by G.L. c.40A, s. 3.
ALTERATIONS As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement whether by extending on a side or by increasing in height, or the moving from one position to another on the same lot.
AMATEUR RADIO FACILITY Antennas or towers used for the transmission and/or reception of radio communication signals for private noncommercial purposes.
ASSISTANCE WITH ACTIVITIES OF DAILY LIVING Providing support, aid, assistance, prompting, guidance or observations of meal preparation, housekeeping, clothes laundering, shopping for food or other items, use of transportation and other similar tasks with the purpose of supporting an individual to remain in a residential environment for as long as possible.
ASSISTED LIVING RESIDENCE A residential development subject to certification by the Executive Office of Elder Affairs under G.L. Chapter 19D, defined as an entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:
a. Provides room and board;
b. Provides assistance with activities of daily living and personal care services for three or more nonrelated adult residents; and
c. Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance.
ASSISTED LIVING RESIDENCES Are for frail elders who do not require twenty-four-hour skilled nursing care, but need assistance with dressing, bathing, eating, housekeeping, medicine monitoring and other activities of daily living. This definition shall not include group homes, rooming or lodging houses, nursing facilities or other types of elderly housing.
ASSISTED LIVING UNITS One or more rooms in an assisted living residence designed for and occupied by one or two elderly individuals per bedroom as the private living quarters of such individuals.
BASE FLOOD ELEVATION The base flood elevation shall be the level of flooding having a 1% chance of being equaled or exceeded in any given year, as designated on the Flood Insurance Rate Map (FIRM), revised June 5, 1989, as amended from time to time, or in the absence of such designation, to be determined by the Inspector of Buildings based upon the best available information regarding flood hazards, including any available USGS, SCS and Corps of Engineers studies.
BOARDING OR LODGING HOUSE A dwelling in which meals are served, other than on a transient basis, for compensation, or rooms are let to persons not members of the family resident therein.
BUILDING A structure enclosed within exterior walls or firewalls, built, erected, and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property.
BUILDING COVERAGE That percentage of the lot covered by the footprint area of a building or buildings.
BUILDING HEIGHT The vertical distance from the grade to the highest point of the roof. When a building faces more than one street, the height shall be measured from the average of the grade at the center line of each street front. See Section 4.1.3.3 for specific exemptions from this definition.
BUILDING, PRINCIPAL The building in which is conducted the principal use of the lot on which said building is situated.
BUSINESS OR PROFESSIONAL OFFICE A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise.
CHILD CARE FACILITY A nonresidential day care center or school age child care program, as those terms are defined in G.L. c. 28A, s. 9.
CLUSTER DEVELOPMENT A residential subdivision of detached single family dwellings on a tract of land of 10 acres or more with a minimum of 30% of the land area designated as common open space, allowed by special permit in any single residence district other than Single Residence A.
COMMERCIAL PARKING LOT OR GARAGE A structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking of vehicles and available to the public.
COMMUNICATION STRUCTURE A tower, antenna, dish or other apparatus used for the reception and/or transmission of electronic signals for commercial communication purposes.
CONGREGATE LIVING FACILITY A noninstitutional, shared living environment which integrates shelter and service needs of functionally impaired and/or socially isolated elderly persons who are otherwise in good health and can maintain a semi-independent life-style and who do not require constant supervision or intensive health care as provided by an institution. Each resident shall have an individual bedroom and may have a separate living room, kitchen, dining area or bathroom and may share living, dining and bathroom facilities with other elderly persons, such as a common dining facility.
CONTRACTOR'S YARD A yard to allow the following uses:
[Added 4-24-2006 ATM, Art. 36]
a. Parking of commercial vehicles and equipment either in the open or in enclosed structures;
b. Building supply and fuel establishment;
c. Storage of construction materials;
d. Storage of earth materials; and
e. Storage of demolished construction materials ready to be re-used, recycled or disposed, such as bricks, concrete masonry units, roofing materials, bituminous asphalt and the like.
CONVENIENCE STORE A commercial establishment whose principal purpose is to serve a variety of day-to-day domestic or personal consumption needs, including, but not limited to, the sale of all or one of the following items: household goods, meat or food products, bakery goods, newspapers, periodicals, pharmaceuticals, dairy products and beverages. This does not include the sale of alcoholic beverages. Such establishment shall not exceed a net floor area of 3,500 square feet for retail use. Hours of operation may be prescribed as a condition of any special permit.
CUSTOMARY HOME OCCUPATION Use of a room or rooms in a dwelling or accessory building operated by a person residing on the premises for the practice of a home occupation, provided that such practice does not involve:
[Amended 4-30-2008 ATM, Art. 30]
a. The use of more than 33 1/3% of the gross floor area of the building up to a maximum of 1,000 gross square feet;
b. The signage shall conform to the Zoning Bylaw Section 5.2. Signs.
[Amended 5-26-2009 ATM, Art. 38]
c. Alteration of the residential character of the premises;
d. Noise, heat, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, or other objectionable effects discernible at the property line not normally associated with residential use;
e. The employment of more than one person not a member of the resident family;
f. The parking of commercial vehicles on site, except as allowed in § 3.2.1.3 and § 3.2.1.4 of the Bylaw;
g. Adult use (as defined in Section 10.0 of the Bylaw);
h. Generating any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
DRIVEWAY An accessory use on a lot, privately owned and intended for the passage of motor vehicles.
DWELLING A building designed and occupied as the living quarters of one or more families.
DWELLING, MULTIFAMILY A building containing three or more dwelling units.
DWELLING, SINGLE-FAMILY A building containing one dwelling unit.
DWELLING, TWO-FAMILY A building containing two dwelling units.
DWELLING UNIT One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
EARTH MOVEMENT The importing, exporting and/or regrading of soil, loam, peat, gravel, rock, or similar material by means of vehicles and machinery, to, from, or on land in Andover.
ELDERLY For the purposes of this by-law, a person who is 55 years of age or older.
ESSENTIAL SERVICES Transformer station, substation, pumping station, telephone exchange, telephone or radio repeater or other similar utility installation, provided that in any residential district no public business office, storage yard, storage buildings or motor maintenance installation may be operated in connection therewith.
FAMILY One or more persons occupying a dwelling unit, provided that no group of more than five unrelated individuals may constitute a family.
FAMILY DAY CARE HOME, LARGE Any private residence operating a facility with more than six nonresident children, all as defined in G.L. c. 28A, s. 9.
FAMILY DAY CARE HOME, SMALL Any private residence operating a facility with six or less nonresident children, all as defined in G.L. c. 28A, s. 9.
FAMILY DWELLING UNIT Use of a room or rooms in a detached one-family dwelling or accessory building as a dwelling by relatives (by reason of birth or marriage) where there is a need by reason of illness, disability or age requiring extended care or supervision of the relative. This use shall be subject to reasonable conditions and the requirement for renewable time periods not exceeding five years.
FLOOR AREA, GROSS The total square feet of floor space within the outside dimensions of a building including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.
FLOOR AREA, NET The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FUNERAL HOME Facility for the conducting of funerals and related activities such as embalming.
GROCERY STORE An establishment where more than seventy percent (70%) of the gross floor area is devoted to the sale of food products for home preparation and consumption.
HELICOPTER A rotary wing aircraft that, for its horizontal motion, depends principally on its engine-driven rotors.
HELIPORT An area of land or a structure used or intended to be used for the landing and takeoff of helicopters and restricted in usage to the owner or to persons authorized by the owner.
INDEPENDENT LIVING RESIDENCE A dwelling that provides accommodations in dwelling units for elderly persons. These residences may include common areas, a common dining facility and space for the provision of social, psychological and educational programs.
INDOOR COMMERCIAL RECREATION ESTABLISHMENT A facility involving the assembly of people for indoor recreation or amusement for purposes of dining, drinking or dancing; musical or theatrical entertainment; or sporting events or athletic activities.
INTERNAL ACCESS ROADS In industrial districts, any road or drive which provides exclusive vehicular access to more than one industry or lot.
LONG-TERM CARE FACILITY An institution or distinct part of an institution which is licensed by the Massachusetts Department of Public Health to provide twenty-four-hour care under medical supervision to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Long-term-care facilities provide assistance with activities of daily living as defined by 651 CMR 12.02, as well as skilled nursing and medical care by a skilled nursing staff.
LOT An uninterrupted area of land in one ownership with definitive boundaries, the use of which is subject to the provisions of this by-law.
LOT AREA The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. One hundred percent of the lot area required for zoning compliance shall be contiguous land other than land located within a line identified as the wetland margin as shown on maps entitled "Wetland Areas of Andover, MA" and subsequent revisions as approved by the Andover Conservation Commission. The 90% contiguous upland regulation shall continue to apply to a lot in existence prior to the effective date of this by-law.
LOT FRONTAGE An uninterrupted distance along a single way, or along two intersecting ways if the angle of intersection of the two ways is greater than 120 degrees, in fact capable of providing safe vehicular and pedestrian access to the principal use of a lot.
LOT LINE A line dividing one lot from another, or from a street or any public place.
LOT WIDTH The horizontal distance between side lot lines, measured parallel to the lot frontage.
MAJOR NON-RESIDENTIAL PROJECT A commercial, industrial, or institutional development, but excluding municipal facilities in the Town of Andover and projects governed by any provision of Section 7.0 herein, having any of the following characteristics:
a. A proposal to increase the gross floor area of an existing building by more than 2,000 square feet;
b. A proposal to construct a building or buildings in excess of 10,000 gross square feet;
c. A proposal to alter, renovate, reconstruct or redevelop more than 40% of the gross floor area of an existing building, when there is a change of use.
For the purposes of computation, development within the last five years on the subject property shall be considered.
MANUFACTURING A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products. The term "manufacturing" shall not include offensive industrial operations as defined in this section.
MEDICAL CENTER OR CLINIC A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
MOTEL OR HOTEL A building or buildings intended and designed for transient, overnight or extended occupancy, divided into separate units within the same building with or without a public dining facility. If such hotel or motel has independent cooking facilities, such unit shall not be occupied by any guest for more than four continuous months, nor may the guest reoccupy any unit within 30 days of a continuous four-month stay, nor may the guest stay more than six months in any calendar year. No occupant of such hotel or motel may claim residency at such location.
MOTOR VEHICLE REPAIR GARAGE OR BODY SHOP An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies. This does not include the storage of vehicles for the cannibalization of parts.
MOTOR VEHICLE SALES OR RENTAL Premises selling or renting motor vehicles used for travel purposes.
MOTOR VEHICLE SERVICE STATION Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include bodywork, painting, or major repairs.
MUNICIPAL FACILITIES Facilities owned or operated by the Town of Andover.
NONCONFORMING BUILDING, STRUCTURE OR LOT A building, structure or lot that does not conform to a dimensional regulation prescribed in this by-law for the district in which it is located or to other regulations by this by-law excepting use regulations, but which building, structure or lot was in existence at the time the regulation became effective and was lawful at the time it was established.
NONCONFORMING USE A use of a building or lot, which does not conform to a use regulation prescribed by this by-law for the district in which it is located, but which was in existence at the time the use regulation became effective and was lawful at the time it was established.
OFFENSIVE INDUSTRIAL OPERATIONS The following activities are considered offensive industrial operations: (a) abattoir, stockyard, or establishment for the reduction of offal, garbage or animal matter; (b) incinerator (except as operated by the town); (c) manufacture or storage of explosives or fireworks; (d) manufacture of cement or lime; (e) junk- or scrap yard, which shall mean a lot used for the storage of any worn-out, cast-off or discarded material ready for destruction or collected for salvage or conversion to some use, including also the storage in the open of secondhand, junk, or scrap material, i.e., the storage of any worn-out, cast-off or discarded material, ready for destruction or collected for salvage or conversion for some use or for sale; (f) truck terminal or intermediate transfer facility; (g) any use which creates a hazard to safety and health in the community or danger of fire or explosion or which creates dust, smoke, odor, fumes, gas, vapor, fly ash, sewage, refuse, noise or vibration, any of which are perceptible under normal conditions at any property line.
OPEN STORAGE OF SECOND HAND, JUNK OR SCRAP MATERIAL Storage in the open of secondhand, junk or scrap material, which shall mean storage of any worn-out, cast-off or discarded material, ready for destruction or collected for salvage or conversion for some use or for sale.
OUTDOOR RECREATION CLUB OR CAMP A club or camp facility operated in whole or in part as a commercial enterprise, provided that the site therefor shall contain at least 50 acres, that buildings, structures, paved areas other than driveways, and other intensively developed portions of the site shall be set back at least 100 feet from every street and property line and that any commercial activities, other than participation in indoor recreation, shall be clearly incidental to the principal outdoor recreation uses.
PERSONAL SERVICE ESTABLISHMENT A facility providing personal services such as hair salon, barber shop, tanning beds, print shop, photography studio, and the like.
PLANNED DEVELOPMENT The development of land as set forth in Section 7.2, herein.
PORTABLE OR REMOVABLE SIGN A temporary sign of any shape or configuration that is self-supporting and not permanently fixed or mounted to the ground or to another structure.
[Added 5-26-2009 ATM, Art. 37]
PRINCIPAL USE The primary or predominant use of any lot or parcel.
PROJECTING SIGN A sign mounted perpendicular to the building facade.
[Added 5-2-2005 ATM, Art. 42; amended 5-26-2009 ATM, Art. 37]
PROFESSIONAL HOME OFFICE Office in a dwelling for the practice of a resident physician, lawyer or dentist, provided that not more than three persons not members of the resident family are regularly employed therein in a technical capacity, and that such use occupies not more than 33 1/3% of the total floor area of the dwelling.
REMOVAL The word "removal" in the context of Section 6.3 of this by-law shall mean the carrying off-site of soil, loam, sand, peat, gravel, rock or similar matter, all such matter to be characterized as earth materials.
RESTAURANT, DRIVE-IN An establishment which provides service or sale of food or drink to customers while in their vehicles.
RESTAURANT, FAST-FOOD An establishment whose primary business is the sale of a complete meal to be sold in whole or in pieces for consumption on or off the premises which is: (a) primarily intended for immediate consumption rather than for use as an ingredient or component of meals; and (b) available upon a short waiting time; and (c) packaged or presented in such a manner that it can readily be consumed outside the premises where it is purchased. [Amended 5-8-2013 ATM, Art. 57]
RESTAURANT, SIT-DOWN An establishment where the principal activity is the service or sale of food or drink for consumption on premises.
RETAIL SALES ESTABLISHMENT A facility selling goods which can include the sale of food and drink for consumption on or off the premises, but not otherwise specifically listed in the Table of Use Regulations; including the sale of such merchandise other than at retail if incidental to the operation of a retail establishment, including processing and/or assembly of merchandise when clearly accessory to the sale of such merchandise on the premises.
[Amended 5-8-2013 ATM, Art. 57]
SIGN A sign shall consist of any of the following elements:
[Amended 5-26-2009 ATM, Art. 37]
a. Lettering, words, numerals, emblems, trademarks, logos, images, drawings, pictures, graphics, pennants, streamers, or other devices of any material or construction, however displayed, whether as an independent structure or as part of a building or other structure or object;
b. Any visual device designed to inform, attract or draw the attention of persons outside the premises on which the device is located, including messages within or attached to windows and doors;
c. Any exterior building surface that is internally illuminated or decorated with gaseous tubing, LED displays or back lighting.
SIGN AREA The area of the smallest horizontal or vertical rectangle enclosing the entire display area of the sign. The display area of a sign is the entire area, different in color or composition from the facade or common trim of the building, used to frame or provide a background for the sign. The display area may contain open space and irregular shapes if they are part of the sign. The display area shall also include internally illuminated, back-lit or decoratively lighted sign support structures if such elements are present. The area of double-sided signs shall be calculated using the area of only one face of the sign.
[Amended 5-26-2009 ATM, Art. 37]
STORY That portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than 1/2 of such portion is below the mean finished grade of the ground adjoining such building.
STORY, HALF A partial story under a gable, gambrel or hip roof, the wall plates of which on any two sides do not rise more than four feet above the floor of such partial story.
STREET An accepted town way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the subdivision control law, or a way determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
STRUCTURE Any combination by man of matter composed of parts or materials assembled and joined or mixed together in some definite manner or pattern at a certain location for whatever purpose or use, whether or not affixed to the land. "Structure" shall include, but not be limited to, swimming pools, tennis courts, sports courts and courts for athletic and recreational activity and the equipment and paraphernalia associated with any such court but shall not include fences, garden walls and paved areas used solely for vehicular or pedestrian access or both.
[Amended 4-28-2010 ATM, Art. 36]
SWIMMING POOLS All swimming and wading pools whether excavated or aboveground, with the exception of portable pools of less than eight feet in diameter or in greatest horizontal dimension and with the capability of retaining a depth of no more than one foot of water.
TEMPORARY AND SEASONAL PLACEMENT OF TABLES AND CHAIRS The temporary and seasonal placement of tables and chairs outside a permitted commercial structure for the convenience of patrons and other shoppers, as a use incidental and accessory to a permitted food or retail sales establishment where the principal activity is the service or sale of food for consumption on or off the premises, or the retail sale of merchandise. Outdoor table and chairs shall not be located within a parking lot or a public right- of-way and shall not interfere with pedestrian access or access for emergency purposes.
TEMPORARY USE OF RESIDENTIAL PREMISES FOR SALE OF CRAFTS The temporary use of residential premises for sale of crafts subject to a permit issued by the Inspector of Buildings for up to two consecutive days only and limited to two permits per calendar year for any given premises.
WAREHOUSE A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.
WATER BODY OR WATERCOURSE Any natural or man-made stream, pond, lake, wetland or other body of water and shall include wet meadows, marshes, swamps, bogs and areas where ground-water, flowing or standing surface water or ice provides a significant part of the supporting substrate for a plant community for at least five months of the year, as further defined in the Wetlands Regulations (310 CMR 10.00), as amended.
WAY Includes public ways, ways accepted as such by the town, ways which the Town Clerk certifies are maintained and used as public ways and ways approved by the Planning Board.
WIND-ENERGY CONVERSION SYSTEM A device which converts wind energy to mechanical or electrical energy.
WIRELESS COMMUNICATIONS FACILITIES 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, personal 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.
YARD, FRONT An open space extending across the full width of the lot between the way on which the principal building thereon fronts and the nearest point of any building on the lot.
YARD, REAR An open space extending the full width of the lot between the rear lot line and the nearest point of the principal building on the lot.
YARD, SIDE An open space extending from the front yard to the rear yard between a side lot line and the nearest point of any building on the lot.
APPLICANT The owner of record of all of the land shown on any plan submitted for approval to the Planning Board in accordance with the Subdivision Control Law and these Rules and Regulations. The applicant shall submit the title reference or references from the Essex County Registry of Deeds indicating that the applicant is the owner of record.
[Amended 3-10-1998; 1-11-2011]
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 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 the Rules and Regulations Governing the Subdivision of Land in Andover; (4) to issue stop-work orders; and (5) to conduct inspections and review proposed projects in accordance with 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 Federal Insurance Administration (FIA) maps cited at § III, Subsection E, of the Zoning By-Law, or in the absence of such designation, as determined by the Planning Board based upon the best available information regarding flood hazards, including any available Environmental Science Services Administration (ESSA) and United States Army Corps of Engineers studies.
BOARD The Town of Andover Planning Board. A quorum for a meeting or hearing is three members.
DATE OF SUBMISSION When referring to a plan, 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 staff at its then principal office shall be deemed delivered at a meeting of the Board.
DEPARTMENT OF PUBLIC WORKS The Town of Andover Department of Public Works.
DEVELOPER Any person or persons acting on behalf of the applicant for purposes of preparing and submitting plans and documents to the Planning Board, and may include engineers, surveyors, contractors or attorneys, and may also include any person or persons having an equitable interest in the land under an agreement or option to purchase the land. The applicant shall certify, in writing, the identity of each developer who is authorized to submit plans and/or documents and act on behalf of the applicant. Without such certification the developer shall not act on behalf of the applicant.
DRAINAGE The control of surface 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 A person registered by the Commonwealth of Massachusetts to perform professional engineering services in accordance with all applicable laws and requirements of such registration.
ESSA Environmental Science Services Administration; the federal agency formerly entitled "United States Coastal and Geodetic Survey.
FORM A An application for endorsement of a plan believed not to require Planning Board approval. See Form in appendix.
FORM B An application under SCL Section 815 for the filing of a preliminary plan. See Form in appendix.
FORM C An application, other than a Form A application, for endorsement of a definitive plan believed to be a subdivision requiring Planning Board approval under SCL Section 81T. See Form in appendix.
LAND SURVEYOR A person registered by the Commonwealth of Massachusetts to perform professional land surveying services in accordance with all applicable laws and requirements of such registration.
LOT An uninterrupted area of land in one ownership with definitive boundaries, the use of which is subject to the provisions of the Zoning By-law.
PERFORMANCE GUARANTY The method by which the Planning Board shall require that the applicant secure the construction of ways and installation of municipal services, before endorsement of its approval of a plan.
RECORDED Recorded in the Essex North Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of the Commonwealth of Massachusetts.
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.
RULES AND REGULATIONS These Rules and Regulations Governing the Subdivision of Land in Andover, Massachusetts, as adopted bythe Andover Planning Board and as amended from time to time.
SCL Subdivision Control Law, Chapter 41, Sections 81 K through 81GG, inclusive, of the Massachusetts General Laws, as from time to time amended.
STABILIZE Those measures necessary to secure soils surfaces in an erosion-free condition by establishing coverings which will eliminate or reduce the possibility of wind and water erosion either temporarily or permanently (Stabilization.)
STAFF Those persons from time to time employed by the Town of Andover whose primary job responsibility is the enforcement of the Subdivision Control Law and these Rules and Regulations, and the review, on behalf of the Planning Board, of plans and documents and instruments submitted to or filed with the Board under the Subdivision Control Law and under these Rules and Regulations.
STOP-WORK ORDER An order to an applicant issued by the Board or its authorized agent, upon a violation of the Subdivision Control Law or these Rules and Regulations or the conditions of approval of a plan, directing that all work or certain specified work at a site the subject of Board approval be stopped and not begun again until resumption is approved, in writing, by the Board or its authorized agent. The "stop-work order" may be given orally in the first instance, but shall be promptly followed by written notice to the applicant.
STREET An accepted Town way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the Subdivision Control Law, or a way determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
STRUCTURE Any combination by man of matter composed of parts or materials assembled and joined or mixed together in some definite manner or pattern at a certain location for whatever purpose or use, whether or not affixed to the land. "Structure" shall include, but not be limited to, swimming pools, tennis courts, sports courts and courts for athletic and recreational activity and the equipment and paraphernalia associated with any such court; but shall not include fences, garden walls, earth retaining or embankment walls, and paved areas used solely for vehicular or pedestrian access, or both.
SUBDIVISION The division of a tract of land into two or more lots, including resubdivision, provided that such division shall not be deemed to constitute a subdivision under the Subdivision Control Law (MGL c. 41, § K-GG) if, at the time it is made, every lot within the tract so divided has frontage on:
[Added 1-8-2002]
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 § III, Subsection B, Paragraph 1.e.
TURNAROUND (CUL-DE-SAC) An area within the layout or right-of-way at the end of a street wherein a motor vehicle can reverse direction of movement.
UTILITIES Electric service lines; all lines for carrying voice, video, digital or numerical reproduction from one source to another, including telephone lines and cable telephone lines and cable television lines; water service lines; municipal conduits; and housings and terminals appurtenant to any of the foregoing.
WAY Includes public ways, ways accepted as such by the Town, ways which the Town Clerk certifies are maintained and used as public ways and ways approved by the Planning Board.
[Added 1-11-2011]
WETLAND RESOURCE AREA Those areas subject to protection under the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and the Andover Wetlands Protection By-Law and Regulations.
ABUTTER - The owner(s) of land adjacent to the land disturbance site.
AGRICULTURE The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and its implementing regulations (310 CMR 10.00).
ALTERATION OF DRAINAGE CHARACTERISTICS Any activity on an area of land that changes the water quality or the force, quantity, direction, timing or location of runoff flowing from the area. Such changes include, but are not limited to, change from distributed runoff to confined, concentrated discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area.
APPLICANT Shall be the owner of record of all of the land shown on any plan submitted for approval to the Planning Board in accordance with the Stormwater Management Bylaw and Regulations.
AUTHORIZED ENFORCEMENT AGENCY The Town of Andover Planning Board, its employees or agents designated to enforce this bylaw.
BEST MANAGEMENT PRACTICE (BMP) Any activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
CERTIFICATE OF COMPLETION A document issued by the Planning Board which confirms that all documents and final reports have been submitted and all work required by the terms of a stormwater management permit has been satisfactorily completed in accordance with this bylaw and its regulations.
CLEARING Any activity that removes the vegetative surface cover and/or organic layer. Clearing activities generally include grubbing activity as defined below.
CONSTRUCTION AND WASTE MATERIALS Excess or discarded building or construction site materials that may adversely impact water quality, including but not limited to concrete truck washout, chemicals, litter and sanitary waste.
DESIGNATED AGENT Any person or entity designated by the Planning Board and approved by the Town Manager to assist in the administration, implementation and enforcement of the Stormwater Management and Erosion Control bylaw and Regulations.
DESIGN CRITERIA Engineering design criteria as contained in the Stormwater Regulations authorized under this bylaw.
DETENTION The temporary storage of storm runoff.
DEVELOPMENT The modification of land to accommodate a new use or expansion of use, usually involving construction.
DISTURBANCE OF LAND Any action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.
ENVIRONMENTAL SITE MONITOR A professional engineer or other trained professional selected by the Planning Board or its designee and retained by the Planning Board at the permit holder's expense to periodically inspect the work and report to the Planning Board.
EROSION The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles.
ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS Habitats delineated for state-protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act regulations (310 CMR 10.00) and the Forest Cutting Practices Act regulations (304 CMR 11.00).
GRADING Changing the level or shape of the ground surface.
GRUBBING The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE Any material or structure on or above the ground that limits water infiltrating the underlying soil. "Impervious surface" includes, without limitation, roads, paved parking lots, sidewalks, sports courts and rooftops. "Impervious surface" also includes soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method) greater than 85.
LAND-DISTURBING ACTIVITY OR LAND DISTURBANCE Any activity, including clearing and grubbing, that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS ENDANGERED SPECIES ACT MGL c. 131A and its implementing regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant or animal species listed as "endangered,""threatened," or of "special concern."
MASSACHUSETTS STORMWATER MANAGEMENT POLICY The policy issued by the Department of Environmental Protection, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act, MGL c.131, § 40, and the Massachusetts Clean Waters Act, MGL c. 21, §§ 23-56.
MASSACHUSETTS WETLANDS PROTECTION ACT MGL c. 131, § 40, and its implementing regulations (310 CMR 10.00).
MUNICIPAL STORM DRAIN SYSTEM OR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Andover.
OPERATION AND MAINTENANCE PLAN A plan developed by a Massachusetts licensed professional engineer (PE) describing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed.
OUTFALL The point at which stormwater flows out from a discernible, confined point source or concentrated conveyance into waters of the commonwealth.
OUTSTANDING RESOURCE WATERS (ORWS) Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated.
OWNER Shall be the owner of record of all the land shown on any plan submitted. The owner shall submit the title reference or references from the Essex County Registry of Deeds indicating the owner of record.
PAVEMENT The surface of an area which consists of bituminous concrete, cement concrete, or paving bricks made of masonry or stone.
PAVING, OVERLAY The placement of pavement on top of an existing impervious surface. The underlying impervious surface is sometimes milled (partially ground down in thickness) before the overlay is placed.
PAVING, RECLAMATION A procedure whereby existing pavement is broken and pounded into small fragments.
PERMITTED The person who holds a stormwater management permit and therefore bears the responsibilities and enjoys the privileges conferred thereby.
PERSON An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
RECHARGE Addition of stormwater runoff to the groundwater by natural or artificial means.
REDEVELOPMENT Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
RESPONSIBLE PARTIES Owner(s), persons with financial responsibility, and persons with operational responsibility.
RETENTION The holding of stormwater runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.
RUNOFF Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.
SEDIMENTATION The process or act of deposition of sediment.
SITE Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SLOPE The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
SOIL Earth materials, including duff, humic materials, sand, rock, silt, clay and gravel.
STABILIZATION The use, singly or in combination, of mechanical, structural, or vegetative methods to prevent or retard erosion.
STORMWATER Stormwater runoff, snowmelt runoff, surface water runoff and drainage.
STORMWATER MANAGEMENT PERMIT A permit issued by the Planning Board pursuant to this bylaw.
STORMWATER MANAGEMENT PLAN AND NARRATIVE A document containing narrative, drawings and details prepared by a Massachusetts licensed qualified professional engineer (PE) which includes structural and nonstructural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an operation and maintenance plan describing the maintenance requirements for structural best management practices.
STRIP Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
TSS Total suspended solids; material, including but not limited to trash, debris, soils, sediment and sand, suspended in stormwater runoff.
VERNAL POOLS Temporary bodies of fresh water which provide critical habitats for a number of vertebrate and invertebrate wildlife species.
WATERCOURSE A natural or man-made channel through which water flows, including a river, brook, or stream.
WETLAND RESOURCE AREA Areas specified in the Massachusetts Wetlands Protection Act MGL c. 131, § 40 and regulations promulgated thereunder and in the Town of Andover Wetland Protection Bylaw and Regulations.
WETLANDS Wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provides a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent communities in inland waters; that portion of any bank which touches any inland water.