Town of Andover, MA Zoning By-Law

Article VIII: Zoning By-Law

[HISTORY: Adopted by the Town of Andover 4-24-2001 Annual Town Meeting, Art. 9. (This article also repealed former Article VIII, Zoning By-law, adopted 6-15-1964 STM, as amended.) Amendments noted where applicable.]

GENERAL REFERENCES

Construction permit fees — See Art. VII.

Plumbing — See Art. IX.

Fire prevention — See Art. X.

Ballardvale Historic District — See Art. XII, § 36.

Subdivision rules and regulations — See Art. XIII.

VIIIa Appendix A

Article VIII : Zoning By-Law

SECTION 1.0 PURPOSE AND AUTHORITY

1.1 PURPOSE.

1.2 AUTHORITY.

1.3 SCOPE.

1.4 APPLICABILITY.

1.5 AMENDMENTS.

1.6 SEVERABILITY.

SECTION 2.0 DISTRICTS

2.1 ESTABLISHMENT.

2.2 OVERLAY DISTRICTS.

2.3 ZONING MAP.

2.3.1 Map Amendments.

2.4 RULES FOR INTERPRETATION OF ZONING DISTRICT BOUNDARIES.

2.4.1 Lots Along Town Boundaries.

2.4.2 Lots Split by Zoning Boundary.

SECTION 3.0 USE REGULATIONS

3.1 GENERAL.

3.1.1 Symbols.

3.1.2 If Classified Under More than One Use.

3.1.3 Table of Use Regulations.

3.2 ACCESSORY USES.

3.2.1 Specific Accessory Uses.

3.3 NONCONFORMING USES AND STRUCTURES.

3.3.1 Applicability.

3.3.2 Nonconforming Uses.

3.3.3 Nonconforming Structures.

3.3.4 Variance Required.

3.3.5 Nonconforming Single and Two Family Residential Structures.

3.3.6 Abandonment or Non-Use.

3.3.7 Catastrophe or Demolition.

3.3.8 Reversion to Nonconformity.

SECTION 4.0 DIMENSIONAL REQUIREMENTS

4.1 GENERAL.

4.1.1 Conformance.

4.1.2 Table of Dimensional Requirements.

4.1.3 Exceptions and Special Requirements.

4.1.4 Special District Regulations.

4.1.5 Special Use Regulations.

4.2 ACCESSORY BUILDINGS AND STRUCTURES.

4.2.1 Location.

4.2.2 Yard Depth.

4.2.3 Floor Area.

4.2.4 Recreational Structures.

SECTION 5.0 GENERAL REGULATIONS

5.1 OFF-STREET PARKING AND LOADING.

5.1.1 Purpose.

5.1.2 Applicability.

5.1.3 Interpretation of this Section.

5.1.4 Parking Space Requirements.

5.1.5 Design Standards.

5.1.6 Parking in Apartment Districts.

5.1.7 Parking in General Business Districts.

5.1.8 Parking in Industrial Districts.

5.1.9 Special Permit To Reduce Number of Parking Spaces.

5.1.10 Special Permit for Main Street Access.

5.1.11 Special Permit for Alternative Parking Lot Design.

5.1.12 Special Permit for Change in Parking Space Requirements.

5.1.13 Parking in Single-Family Residential A (SRA).

5.2 SIGNS.

5.2.1 Purpose.

5.2.2 Definitions.

5.2.3 General Provisions.

5.2.4 Sign Permit.

5.2.5 Prohibited Signs and Devices.

5.2.6 Permanent Signs allowed in all zoning districts.

5.2.7 Temporary Signs allowed in all zoning districts.

5.2.8 Signs in Residential Districts (SRA, SRB, and SRC, APT).

5.2.9 Signs in General Business (GB) Districts.

5.2.10 Signs in Mixed Use (MU) Districts.

5.2.11 Signs in Office Park Districts (OP) and Limited Service Districts (LS).

5.2.12 Signs in Industrial G (IG) Districts.

5.2.13 Signs in Industrial A (IA) Districts.

5.2.14 Signs in Industrial D (ID) and Industrial 2 (ID2) Districts.

5.2.15 Design Guidelines for Signs.

5.3 LANDSCAPING, BUFFERING AND LIGHTING.

5.3.1 Office Park District.

5.3.2 Industrial Districts.

5.3.3 General Business and Mixed Use Districts.

5.3.4 Limited Service District.

5.3.5 Exterior Lighting.

SECTION 6.0 SPECIAL REGULATIONS

6.1 WIRELESS COMMUNICATION FACILITIES OR OTHER SIMILAR COMMUNICATIONS USE

6.1.1 Applicability.

6.1.2 Design Standards.

6.1.3 Application.

6.1.4 Co-location.

6.1.5 Frequencies.

6.1.6 Repair and Upkeep.

6.1.7 License and Permits.

6.1.8 Removal.

6.1.9 Post Bond or Other Financial Surety.

6.1.10 Modifications by Special Permit Granting Authority.

6.1.11 Modifications by Applicant.

6.1.12 Notice of Settlement Discussion.

6.1.13 Report of Compliance.

6.2 AMATEUR RADIO FACILITIES.

6.2.1 Applicability.

6.2.2 Design Standards.

6.2.3 Nontransferable.

6.3 EARTH MOVEMENT.

6.3.1 Applicability.

6.3.2 Regrading, Importing or Exporting of Earth Materials Incidental to Subdivision Development in Single Residence Districts.

6.3.3 Regrading, Importing or Exporting of Earth Materials Incidental to Construction or Improvements on Individual Lots in Single Residence Districts.

6.3.4 Earth Movement Incidental to Construction or Improvements in Apartment, Business or Industrial Districts.

6.3.5 Miscellaneous Earth Movement.

6.4 WIND ENERGY TOWERS.

6.4.1 General.

6.4.2 Application.

6.4.3 Design Requirements.

6.4.4 Operating Requirements.

6.5 ADULT USES.

6.5.1 Purpose.

6.5.2 Standards.

6.5.3 Application.

6.5.4 Prohibition.

6.5.5 Lapse.

6.6 CHILD CARE FACILITY.

6.6.1 General.

6.6.2 Standards.

6.7 UNREGISTERED VEHICLES AND VEHICLES NOT IN CONDITION FOR TRAVEL.

6.7.1 General.

6.7.2 Exceptions.

6.7.3 Standards.

6.7.4 Vehicle Not in Condition for Travel.

6.8 ALTERNATIVE MODES OF TRANSPORTATION.

6.8.1 Purpose.

6.8.2 Pedestrian and Bicycle Paths.

6.9 AGRICULTURE AND LIVESTOCK.

6.9.1 General.

6.9.2 Livestock.

SECTION 7.0 SPECIAL RESIDENTIAL REGULATIONS

7.1 CLUSTER DEVELOPMENT.

7.1.1 General.

7.1.2 Dimensional Requirements.

7.1.3 Noncluster Layout.

7.1.4 Open Space.

7.1.5 Special Permit.

7.2 PLANNED DEVELOPMENT.

7.2.1 Applicability.

7.2.2 Density.

7.2.3 Dimensional Requirements.

7.2.4 Affordability.

7.2.5 Design Standards.

7.2.6 Open Area.

7.2.7 Procedure.

7.2.8 Special Permit.

7.2.9 Conditions.

7.3 NEW MULTI-FAMILY DWELLING CONSTRUCTION — ATTACHED CLUSTER.

7.3.1 Purpose.

7.3.2 Applicability.

7.3.3 Density.

7.3.4 Dimensional Requirements.

7.3.5 Open Space.

7.3.6 Design Standards.

7.3.7 Application.

7.3.8 Board Review.

7.3.9 Additional Information.

7.3.10 Special Permit Procedure.

7.3.11 Special Permit.

7.4 ELDERLY HOUSING.

7.4.1 Purpose.

7.4.2 Applicability.

7.4.3 Assisted Living Residences — Dimensional Requirements and Design Standards.

7.4.4 Assisted Living Residences — Affordability.

7.4.5 Assisted Living Residences — Accessory Uses.

7.4.6 Long-term Care Facilities — Dimensional Requirements and Design Standards.

7.4.7 Congregate Living Facilities — Dimensional Requirements and Design Standards.

7.4.8 Independent Living Residence — Dimensional Requirements and Design Standards.

7.4.9 Special Permit Procedure.

7.5 CONVERSION TO MULTIFAMILY USE.

7.5.1 General.

7.6 MULTIPLE DWELLINGS.

7.6.1 General.

7.6.2 Conversions.

7.6.3 Construction.

7.6.4 Special Permit.

7.7 (RESERVED)

7.8 DIMENSIONAL SPECIAL PERMIT — AFFORDABLE HOUSING.

7.8.1 Purpose and Intent.

7.8.2 Affordable Housing Defined.

7.8.3 Standards and Regulations.

7.8.4 Findings Required.

7.8.5 Conditions To Be Imposed.

7.8.6 Application Requirements and Procedure.

7.9 DIMENSIONAL SPECIAL PERMIT — HISTORIC PRESERVATION.

7.9.1 Purpose and Intent.

7.9.2 Historic Structures.

7.9.3 Definitions.

7.9.4 Standards and Regulations.

7.9.5 Findings Required.

7.9.6 Conditions To Be Imposed.

7.9.7 Application Requirements and Procedure.

SECTION 8.0 SPECIAL DISTRICT REGULATIONS

8.1 WATERSHED PROTECTION OVERLAY DISTRICT.

8.1.1 Purpose.

8.1.2 Establishment.

8.1.3 Overlay District.

8.1.4 Permitted Uses.

8.1.5 Special Permit Uses.

8.1.6 Prohibited Uses.

8.1.7 Design Standards.

8.1.8 Special Permit Procedures.

8.1.9 Decision.

8.1.10 Conditions and Restrictions.

8.1.11 Severability.

8.2 FLOOD HAZARD OVERLAY DISTRICT.

8.2.1 Purpose.

8.2.2 Location.

8.2.3 Overlay District.

8.2.4 Regulations.

8.2.5 Special Permit.

8.2.6

8.3 (RESERVED)

8.4 MIXED USE DISTRICT.

8.4.1 Purpose.

8.4.2 Design Standards.

8.4.3 Review Requirements.

8.5 INDUSTRIAL D DISTRICT.

8.5.1 General.

8.6 GROUNDWATER PROTECTION OVERLAY DISTRICT.

8.6.1 Purpose.

8.6.2 Establishment And Delineation.

8.6.3 Overlay District.

8.6.4 Permitted Uses.

8.6.5 Special Permit Uses.

8.6.6 Prohibited Uses.

8.6.7 Design Standards.

8.6.8 Permit Procedures.

8.6.9 Decision.

8.6.10 Conditions and Restrictions.

8.7 HISTORIC MILL DISTRICT (HMD).

8.7.1 Purpose.

8.7.2 Definitions.

8.7.3 Overlay District.

8.7.4 Housing and Affordability.

8.7.5 Permitted Uses.

8.7.6 Density.

8.7.7 Dimensional Regulations.

8.7.8 Design Objectives.

8.7.9 Design Guidelines and Review.

8.7.10 Off-Street Parking and Loading Areas.

8.7.11 Procedure.

8.7.12 Severability.

8.8 SENIOR RESIDENTIAL COMMUNITY OVERLAY DISTRICT (SRCOD)

8.8.1 Purpose.

8.8.2 Applicability.

8.8.3 Definitions.

8.8.4 Types of Dwellings, Uses and Associated Services Permitted.

8.8.5 Dimensional Requirements and Design Standards.

8.8.6 Design Objectives.

8.8.7 Roadway and Parking Requirements.

8.8.8 Bonus.

8.8.9 Procedure.

8.9 MEDICAL MARIJUANA OVERLAY DISTRICT (MMOD).

8.9.1 Establishment.

8.9.2 Purpose.

8.9.3 Definitions.

8.9.4 Location.

8.9.5 Signage.

8.9.6 Procedure.

8.9.7 Special Permit Conditions on RMDs.

8.9.8 Exemption from RMD Special Permit Requirement.

8.9.9 Prohibition Against Nuisances.

8.9.10 Severability.

8.10 TEMPORARY MORATORIUM ON MARIJUANA ESTABLISHMENTS, MARIJUANA RETAILERS AND OTHER SALE OR DISTRIBUTION OF MARIJUANA AND MARIJUANA PRODUCTS WHICH ARE NOT INCLUDED IN THE DEFINITION OF MEDICAL MARIJUANA TREATMENT CENTERS.

8.10.1 Purpose.

8.10.2 Definitions.

8.10.3 Temporary moratorium.

8.10.4 Expiration.

SECTION 9.0 ADMINISTRATION AND PROCEDURES

9.1 ENFORCEMENT.

9.1.1 Administration.

9.1.2 Compliance.

9.1.3 Commencement of Construction.

9.1.4 Zoning Violations.

9.1.5 Penalties.

9.2 BOARD OF APPEALS.

9.2.1 Membership.

9.2.2 Powers.

9.2.3 Regulations.

9.2.4 Fees.

9.3 PLANNING BOARD.

9.3.1 Planning Board Associate Member.

9.3.2 Authority.

9.3.3 Regulations.

9.3.4 Fees.

9.4 SPECIAL PERMITS.

9.4.1 Authority.

9.4.2 Criteria.

9.4.3 Application.

9.4.4 Public Hearing.

9.4.5 Decision.

9.4.6 Conditions.

9.4.7 Lapse.

9.4.8 Major Non-Residential Projects.

9.4.9 Interdepartmental Review.

9.4.10 Special Permit in the ID2 District.

9.5 SITE PLAN REVIEW.

9.5.1 Purpose.

9.5.2 Applicability.

9.5.3 Application Requirements.

9.5.4 Procedure for Site Plan Certificate of Approval.

9.5.5 Lapse.

9.5.6 Appeal.

9.6 DESIGN REVIEW.

9.6.1 Design Review Board.

9.6.2 Pre-application Review.

9.6.3 Application Review.

9.6.4 Design Review in the General Business District and the Mixed Use District.

9.6.5 _____

9.7 REPETITIVE PETITIONS.

9.7.1 General.

9.7.2 Permit or Special Permit Granting Authority.

9.7.3 Planning Board Action.

9.7.4 Decision on the Merits.

SECTION 10.0 DEFINITIONS

10.1 Definitions.