Town of Andover, MA
Essex County
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Table of Contents
Table of Contents

3.1 GENERAL.

No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Table, or as otherwise set forth herein, or as exempted by the General Laws, or by variance of the Board of Appeals, as provided in said Chapter 40A of the General Laws and in Section 9.2.2.2 of this bylaw. Any building or use of premises not herein specifically permitted is hereby prohibited.
[Amended 4-30-2002 ATM, Art. 53]

3.1.1 Symbols.

Symbols employed in the Table of Use Regulations shall mean the following:
Y
A permitted use
N
A prohibited use
BA
A use requiring a special permit from the Board of Appeals
PB
A use requiring a special permit from the Planning Board
BOS
A use requiring a special permit from the Board of Selectmen

3.1.2 If Classified Under More than One Use.

Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
1. 
A major non-residential project shall require a special permit from the Planning Board in addition to any other requirements set forth herein.

3.1.3 Table of Use Regulations.

See Appendix A, Table 1.

3.2 ACCESSORY USES.

Except as otherwise set forth, any use permitted as a principal use is also permitted as an accessory use as defined in Section 10.0 of this by-law. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 9.5, shall also require site plan review and approval.

3.2.1 Specific Accessory Uses.

The following regulations shall apply to specific accessory uses:
1. 
Temporary Dwelling. A mobile home may be used as a temporary dwelling on the site of a single-family residence which has been destroyed or rendered uninhabitable by fire or other catastrophe; provided that a temporary permit for a period not to exceed six months is issued by the Building Inspector with the approval of the Director of Health and the Town Manager. If reconstruction of the original dwelling is not completed in six months, such permit may be renewed for an additional six months on concurrence of the above three persons, but in no event may such mobile home remain on the site in excess of one year.
2. 
Keeping or Boarding Animals. Horses, ponies, cows or other large domestic animals may be kept or boarded solely as pets or for private noncommercial use provided that:
a. 
There is a minimum lot size of two acres for the first such animal;
b. 
There is a minimum of one additional acre for each additional animal up to a maximum of six animals;
c. 
Any relevant Board of Health regulations are met;
d. 
Any structure for housing such animals which is larger than six feet by seven feet is located at least 50 feet from any property line; and
e. 
Fencing adequate to restrain such animals is installed and is no closer than five feet to the property line.
3. 
Commercial Motor Vehicle Parking on Residential Property. The parking or keeping of a truck or other commercial-type vehicle on property used for residential purposes provided that the same:
a. 
Shall not exceed three-fourths-ton capacity, manufacturer's rating;
b. 
Is used as a means of transport to and from the resident's place of business;
c. 
Is parked or kept in a closed garage, and
d. 
Is not loaded with flammable, noxious, or dangerous material.
4. 
Other Commercial-Type Vehicles or Equipment. For dwellings in all zoning districts, the parking or keeping of commercial-type vehicles or equipment other than those included in subsection 3.2.1.3 above shall be subject to a special permit from the Board of Appeals, provided that:
a. 
such parking will not, under the circumstances, be detrimental to the neighborhood;
b. 
such use may be permitted subject to conditions deemed necessary to safeguard the neighborhood, including limitations of time, number of vehicles, weight or capacity of vehicles.
5. 
Take-out Service in Sit-down Restaurants. A sit-down restaurant may offer take-out service, provided that such service shall be available only during the hours when sit-down service is also available.
[Added 4-30-2012 ATM, Art. 32]

3.3 NONCONFORMING USES AND STRUCTURES.

3.3.1 Applicability.

This Zoning By-Law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning By-Law, and any amendments, were adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

3.3.2 Nonconforming Uses.

The Board of Appeals may grant a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:
1. 
Change or substantial extension of the use;
2. 
(Reserved)

3.3.3 Nonconforming Structures.

The Board of Appeals may grant a special permit to reconstruct, extend, alter, or change a nonconforming structure other than single or two-family dwellings in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals:
1. 
Reconstructed, extended or structurally changed;
2. 
Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

3.3.4 Variance Required.

Except as provided in Section 3.3.5, below, the reconstruction, extension or structural change of a nonconforming structure other than single or two-family dwellings in such a manner as to increase an existing nonconformity, or create a new nonconformity shall require the grant of a variance by the Board of Appeals. For the purposes of this section, the extension of an exterior wall at or along the same nonconforming distance within a required yard shall require the grant of a variance by the Board of Appeals.

3.3.5 Nonconforming Single and Two Family Residential Structures.

Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances, individually or in combination, shall not be deemed to increase the nonconforming nature of said structure:
1. 
Alteration to a structure which complies with all current setback and building height requirements on a Lot with insufficient area, where the alteration will also comply with all of said current requirements.
2. 
Alteration to a structure which complies with all current setback and building height requirements on a lot with insufficient frontage, where the alteration will also comply with all of said current requirements.
3. 
Alteration to a structure which presently encroaches upon one or more required setback areas, where the alteration will comply with all current setback, yard and building height requirements.
In the event that the Inspector of Buildings determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

3.3.6 Abandonment or Non-Use.

A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this Zoning By-Law.

3.3.7 Catastrophe or Demolition.

Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe, or after demolition, provided that such reconstruction is completed within 24 months after such catastrophe or demolition, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure unless a larger volume or area is authorized by special permit from the Board of Appeals. Such time for reconstruction may be extended by the Board of Appeals for good cause.

3.3.8 Reversion to Nonconformity.

No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.