Andover, MA Zoning Ordinance

Andover City Zoning Code

SECTION 3

USE REGULATIONS

3.1 GENERAL.

No land shall be used and no structure shall be erected or used except as set forth in the Table of Use Regulations, including the notes to the Table, or as otherwise set forth in this Section 3, or as exempted by the General Laws, or by variance from the Zoning Board of Appeals, as provided in G.L. c. 40A, § 10 and Section 9.2.2.2. Any building or use of premises not specifically permitted is prohibited.

3.1.1 Symbols.

Symbols employed in the Table of Use Regulations shall mean the following:

Y	—	A permitted use
N	—	A prohibited use
ZBA	—	A use requiring a special permit from the Zoning Board of Appeals
PB	—	A use requiring a special permit from the Planning Board
SB	—	A use requiring a special permit from the Select Board

3.1.2 If Classified Under More than One Use.

Where an activity may be classified as more than one of the principal uses in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.

A major non-residential project shall require a special permit from the Planning Board in addition to any other requirements of this Bylaw.

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. 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 that 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:

Temporary Dwelling. A mobile home may be used as a temporary dwelling on the site of a single-family residence that 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 Department with the approval of the Director of Health and the Town Manager. If reconstruction of the original dwelling is not completed in six months, the permit may be renewed for an additional six months on concurrence of the above three persons, but in no event may the mobile home remain on the site in excess of one year.

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:

There is a minimum lot size of two acres for the first animal. There is a minimum of one additional acre for each additional animal up to a maximum of six animals;

Any relevant Board of Health regulations are met;

Any structure for housing the animals which is larger than six feet by seven feet is located at least 50 feet from any property line; and

Fencing adequate to restrain the animals is installed and is no closer than five feet to the property line.

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 it:

Shall not exceed three-fourths-ton capacity, manufacturer's rating;

Is used as a means of transport to and from the resident's place of business;

Is parked or kept in a closed garage; and

Is not loaded with flammable, noxious, or dangerous material.

Other Commercial-Type Vehicles or Equipment. For dwellings in all 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 Zoning Board of Appeals, provided that:

The parking will not be detrimental to the neighborhood; and

The use may be permitted subject to conditions deemed necessary to safeguard the neighborhood, including limitations of time, number of vehicles, or weight or capacity of vehicles.

Take-out Service in Sit-down Restaurants. A sit-down restaurant may offer take-out service only during the hours when sit-down service is also available.

Temporary and Seasonal Placement of Tables and Chairs and Retail Fixtures. A use in a permitted commercial structure may place tables and chairs or retail fixtures and products on public or private property for the convenience of patrons 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. An application for temporary and seasonal placement of tables and chairs or for retail fixtures on private property shall be made to the Building Division and a copy shall be submitted to the Board of Health and Public Safety Officer for their respective reviews. The annual permit shall be issued by the Building Department for or within the period from March 1st to November 30th. An application for public property placement shall be made in accordance with the General Bylaw Article XI, Section 9 "Outdoor Dining or Retail License Bylaw and Regulations."

3.3 NONCONFORMING USES AND STRUCTURES.

[Amended 4-30-2024 ATM by Art. 27]

3.3.1 Applicability.

This Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing required for zoning bylaw adoption or amendment by G.L. c. 40A, § 5. If the zoning amendments are adopted by Town Meeting such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished unless authorized under this section 3.3.

3.3.2 Nonconforming Uses.

The Zoning Board of Appeals may grant a special permit to change or substantially extend a nonconforming use in accordance with this section only if it makes a finding that the change or extension shall not be substantially more detrimental to the neighborhood than the existing nonconforming use.

3.3.3 Nonconforming Structures.

If the Building Commissioner determines that the nonconforming nature of the structure would be increased by the proposed reconstruction, extension, alteration, or change, the Zoning 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 makes a finding that the reconstruction, extension, alteration, or change shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure. The following types of changes to nonconforming structures may be considered by the Zoning Board of Appeals:

Reconstructed, extended, or structurally changed; or

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 Zoning 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 Zoning 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 Building Commissioner that the proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of the structure.

The following circumstances, individually or in combination, shall not be deemed to increase the nonconforming nature of the structure:

Reconstruction, extension, alteration, or change to a structure that complies with all current setback and building height requirements on a lot with insufficient area, where the reconstruction, extension, alteration, or change will also comply with all current requirements.

Reconstruction, extension, alteration, or change to a structure that complies with all current setback and building height requirements on a lot with insufficient frontage, where the reconstruction, extension, alteration, or change will also comply with all current requirements.

Reconstruction, extension, alteration, or change to a structure that presently encroaches upon one or more required setback areas, where the reconstruction, extension, alteration, or change will comply with all current setback, yard, and building height requirements.

If the Building Commissioner determines that the nonconforming nature of the structure would be increased by the proposed reconstruction, extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow the 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 that has been abandoned or not used for a period of two consecutive years shall lose its protected status and be subject to all the provisions of this Bylaw.

3.3.7 Catastrophe.

Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe, or after any demolition following such catastrophe provided that reconstruction is completed within 24 months after such catastrophe or demolition, and provided that the building as reconstructed shall not exceed the volume or area as the original nonconforming structure unless a larger volume or area is authorized by special permit from the Zoning Board of Appeals. The time for completing reconstruction may be extended by the Zoning Board of Appeals for good cause.

3.3.8 Demolition of Nonconforming Derelict Structures.

If the Building Commissioner determines that a derelict nonconforming structure requires demolition and the new proposed structure does not conform to all Zoning Bylaw requirements, then the Zoning Board of Appeals may, by special permit, allow for the demolition and rebuilding of the derelict structure in whole, or in part, where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

3.3.9 Reversion to Nonconformity.

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

3.3.10 Illustrations of Nonconforming Structures.

Example No. 1

Proposed addition complies with zoning.
1.	Residential structure (single- or two-family residence).
	a.	Does not increase or intensify nonconformity.
	b.	Addition permitted as of right after determination by Building Department.
2.	Nonresidential Structure (Commercial or Residential Structure other than a Single- or Two-Family Residence).
	a.	Complies with zoning. No variance needed.
	b.	Permitted upon a finding by Building Department.

Example No. 2

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Increases nonconformity, special permit required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 3

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Intensifies nonconformity variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 4

Proposed addition does not comply with zoning.
1.	Residential structure.
	a.	Intensifies nonconformity variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 5

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Intensifies nonconformity and results in additional one, variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance needed.

Andover City Zoning Code

SECTION 3

USE REGULATIONS

3.1 GENERAL.

3.1.1 Symbols.

Symbols employed in the Table of Use Regulations shall mean the following:

Y	—	A permitted use
N	—	A prohibited use
ZBA	—	A use requiring a special permit from the Zoning Board of Appeals
PB	—	A use requiring a special permit from the Planning Board
SB	—	A use requiring a special permit from the Select Board

3.1.2 If Classified Under More than One Use.

A major non-residential project shall require a special permit from the Planning Board in addition to any other requirements of this Bylaw.

3.1.3 Table of Use Regulations.

See Appendix A, Table 1.

3.2 ACCESSORY USES.

3.2.1 Specific Accessory Uses.

The following regulations shall apply to specific accessory uses:

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:

There is a minimum lot size of two acres for the first animal. There is a minimum of one additional acre for each additional animal up to a maximum of six animals;

Any relevant Board of Health regulations are met;

Any structure for housing the animals which is larger than six feet by seven feet is located at least 50 feet from any property line; and

Fencing adequate to restrain the animals is installed and is no closer than five feet to the property line.

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 it:

Shall not exceed three-fourths-ton capacity, manufacturer's rating;

Is used as a means of transport to and from the resident's place of business;

Is parked or kept in a closed garage; and

Is not loaded with flammable, noxious, or dangerous material.

The parking will not be detrimental to the neighborhood; and

The use may be permitted subject to conditions deemed necessary to safeguard the neighborhood, including limitations of time, number of vehicles, or weight or capacity of vehicles.

Take-out Service in Sit-down Restaurants. A sit-down restaurant may offer take-out service only during the hours when sit-down service is also available.

3.3 NONCONFORMING USES AND STRUCTURES.

[Amended 4-30-2024 ATM by Art. 27]

3.3.1 Applicability.

3.3.2 Nonconforming Uses.

3.3.3 Nonconforming Structures.

Reconstructed, extended, or structurally changed; or

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.

3.3.5 Nonconforming Single- and Two-Family Residential Structures.

The following circumstances, individually or in combination, shall not be deemed to increase the nonconforming nature of the structure:

If the Building Commissioner determines that the nonconforming nature of the structure would be increased by the proposed reconstruction, extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow the 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 that has been abandoned or not used for a period of two consecutive years shall lose its protected status and be subject to all the provisions of this Bylaw.

3.3.7 Catastrophe.

3.3.8 Demolition of Nonconforming Derelict Structures.

3.3.9 Reversion to Nonconformity.

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

3.3.10 Illustrations of Nonconforming Structures.

Example No. 1

Proposed addition complies with zoning.
1.	Residential structure (single- or two-family residence).
	a.	Does not increase or intensify nonconformity.
	b.	Addition permitted as of right after determination by Building Department.
2.	Nonresidential Structure (Commercial or Residential Structure other than a Single- or Two-Family Residence).
	a.	Complies with zoning. No variance needed.
	b.	Permitted upon a finding by Building Department.

Example No. 2

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Increases nonconformity, special permit required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 3

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Intensifies nonconformity variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 4

Proposed addition does not comply with zoning.
1.	Residential structure.
	a.	Intensifies nonconformity variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 5

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Intensifies nonconformity and results in additional one, variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance needed.

Andover City Zoning Code

SECTION 3

USE REGULATIONS

3.1 GENERAL.

3.1.1 Symbols.

Symbols employed in the Table of Use Regulations shall mean the following:

Y	—	A permitted use
N	—	A prohibited use
ZBA	—	A use requiring a special permit from the Zoning Board of Appeals
PB	—	A use requiring a special permit from the Planning Board
SB	—	A use requiring a special permit from the Select Board

3.1.2 If Classified Under More than One Use.

A major non-residential project shall require a special permit from the Planning Board in addition to any other requirements of this Bylaw.

3.1.3 Table of Use Regulations.

See Appendix A, Table 1.

3.2 ACCESSORY USES.

3.2.1 Specific Accessory Uses.

The following regulations shall apply to specific accessory uses:

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:

There is a minimum lot size of two acres for the first animal. There is a minimum of one additional acre for each additional animal up to a maximum of six animals;

Any relevant Board of Health regulations are met;

Any structure for housing the animals which is larger than six feet by seven feet is located at least 50 feet from any property line; and

Fencing adequate to restrain the animals is installed and is no closer than five feet to the property line.

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 it:

Shall not exceed three-fourths-ton capacity, manufacturer's rating;

Is used as a means of transport to and from the resident's place of business;

Is parked or kept in a closed garage; and

Is not loaded with flammable, noxious, or dangerous material.

The parking will not be detrimental to the neighborhood; and

The use may be permitted subject to conditions deemed necessary to safeguard the neighborhood, including limitations of time, number of vehicles, or weight or capacity of vehicles.

Take-out Service in Sit-down Restaurants. A sit-down restaurant may offer take-out service only during the hours when sit-down service is also available.

3.3 NONCONFORMING USES AND STRUCTURES.

[Amended 4-30-2024 ATM by Art. 27]

3.3.1 Applicability.

3.3.2 Nonconforming Uses.

3.3.3 Nonconforming Structures.

Reconstructed, extended, or structurally changed; or

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.

3.3.5 Nonconforming Single- and Two-Family Residential Structures.

The following circumstances, individually or in combination, shall not be deemed to increase the nonconforming nature of the structure:

If the Building Commissioner determines that the nonconforming nature of the structure would be increased by the proposed reconstruction, extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow the 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 that has been abandoned or not used for a period of two consecutive years shall lose its protected status and be subject to all the provisions of this Bylaw.

3.3.7 Catastrophe.

3.3.8 Demolition of Nonconforming Derelict Structures.

3.3.9 Reversion to Nonconformity.

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

3.3.10 Illustrations of Nonconforming Structures.

Example No. 1

Proposed addition complies with zoning.
1.	Residential structure (single- or two-family residence).
	a.	Does not increase or intensify nonconformity.
	b.	Addition permitted as of right after determination by Building Department.
2.	Nonresidential Structure (Commercial or Residential Structure other than a Single- or Two-Family Residence).
	a.	Complies with zoning. No variance needed.
	b.	Permitted upon a finding by Building Department.

Example No. 2

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Increases nonconformity, special permit required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 3

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Intensifies nonconformity variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 4

Proposed addition does not comply with zoning.
1.	Residential structure.
	a.	Intensifies nonconformity variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance is needed.

Example No. 5

Proposed addition does not comply with zoning and infringes into setback.
1.	Residential structure.
	a.	Intensifies nonconformity and results in additional one, variance required.
2.	Nonresidential structure.
	a.	Does not comply with zoning, so variance needed.