Separation Distances. Adult uses may be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from specified uses or zoning district boundaries:

Radius Distance. The radius distance shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed adult use is to be located to the nearest point of the parcel of property or the zoning district boundary line from which the proposed adult use is to be separated. In the case of the distance between adult uses (see subsection 6.1.2.1.b) and between an adult use and an establishment licensed under G.L. c. 138, § 12 (see subsection 6.1.2.1.c), the distances shall be measured between the closest points of the buildings in which the uses are located.

Size. With the exception of an adult cabaret or an adult motion-picture theater, adult uses may not exceed 3,500 square feet of net floor area.

Parking Requirements. The following parking requirements shall apply:

Screening and Buffering. A five-foot wide landscaped buffer shall be provided along the side and rear property lines of an adult use establishment consisting of:

Building Openings. All building openings, entries, and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

Name and address of the legal owner of the establishment;

Name and address of all persons having lawful equity or security interests in the establishment;

Name and address of the manager;

Number of employees;

Proposed provisions for security within and without the establishment; and

The physical layout of the interior of the establishment.

Adequate provision shall be made for the garaging or screening of all tools, farm machinery, or vehicles incidental to the proposed use.

Any new structure larger than six feet by six feet by seven feet, used for the above purpose or for providing housing, pens, or enclosures for livestock, shall be located at least 50 feet from any property line.

In a residential district, site plan review per Section 9.5 shall be required for any new accessory structure in excess of 2,000 square feet of ground floor area to ensure landscaping and screening thereof.

Adequate provision must be made for the sanitary disposal of animal wastes and for complying with all relevant Board of Health regulations.

Fencing adequate to restrain such animals shall be installed and shall be no closer than five feet to a property line.

A minimum lot size of two acres for the first animal and one acre for each additional animal is required. For lots larger than 10 acres, this requirement may be reduced upon the issuance of a special permit by the Zoning Board of Appeals upon its finding that all other conditions of Section 6.2 are met; that under the particular circumstances the proposed reduction will not be detrimental to the neighborhood; and that the Board of Health approves the keeping of the number of animals proposed.

In acting upon such special permits under Appendix A, Table 1, Table of Use Regulations, subsection F.6.b, the Zoning Board of Appeals shall consider the proximity of existing dwellings, provisions of sound, odor, dust and drainage control and potential problems caused by the movement and storage of horse trailers.

The height of an amateur radio tower, inclusive of its appurtenant devices, shall not exceed 100 feet, and no dish antenna may be mounted on an amateur radio tower.

For purposes of public safety an amateur radio tower may not be erected nearer to any property line than a distance equal to the vertical height of the tower inclusive of any appurtenant devices measured from the base of the tower.

A ground mounted amateur radio tower shall be located in the rear yard only. A tower or antenna affixed to a residential structure shall be located on the side or rear of such structure.

In order to provide for visual buffering the Board may require fencing or vegetative screening at the base of an amateur radio tower.

For purposes of safety the Board may require a fence or locked gate surrounding the base of an amateur radio tower of a height determined by the Board to be sufficient to restrict unauthorized access.

No portion of an amateur radio tower shall be utilized as a sign or have signage attached to it.

An amateur radio tower shall be dismantled by the applicant if the Building Commissioner determines the tower to be structurally unsound and a danger to life and limb.

A child care facility proposed as new construction or in existing structures in the SRA, SRB and SRC Districts shall meet the following zoning requirements:

At least 35 percent of the minimum lot area shall be retained in open space. Open space shall mean areas without structures, parking lots, or driveways.

A minimum of one off-street drop-off/pickup area per 25 children shall be provided on the premises.

Outdoor play areas and parking lot areas located along property lines common with residential property or property zoned as SRA, SRB, or SRC shall be screened with not less than a six-foot high sight obscuring fence or wall or with evergreen plants five feet in height at the time of planting.

A copy of the license from the Massachusetts Department of Early Education and Care or successor department or agency fulfilling substantially the same function authorizing the child care facility and indicating the number of children the facility is licensed for shall be filed with the Planning Department prior to the issuance of a certificate of occupancy.

A special permit from the Planning Board shall be required for any earth movement undertaken in connection with the construction of streets in a subdivision. Whenever and wherever possible, cuts and fills associated with the construction of streets shall be balanced to minimize movement of materials on or off the right-of-way.

A special permit from the Planning Board shall be required for earth movement associated with the preparation of lots in a subdivision. Under such a permit, regrading shall be in conformity with the slope requirements set forth in Section 4.1.4.5. Changes in the final elevations from those shown on the definitive plan shall be limited to less than one foot.

Applications for special permits for earth movement shall, at a minimum, indicate the quantity and composition of materials to be regraded, imported, or exported, the estimated number of truckloads involved, the purpose for which the materials are to be moved, and the location of the site on which the earth movement will be conducted. All calculations pertaining to the quantity of earth materials involved shall be prepared and certified by a registered professional engineer.

Before granting any special permit under Section 6.6.2.1, 6.6.2.2, or 6.6.2.3, the Planning Board must find that the subdivision plan as a whole makes the best feasible design of existing topography, and in making such finding the Board shall take into account the magnitude of the change in topography resulting from the subdivision plan, the extent of cuts and fills, the amounts of earth materials involved, the removal of existing vegetation, the preservation and protection of significant natural topographic features such as eskers, streams, mature vegetation, and rock outcrops, and the type and size of the subdivision plan, whether it be conventional or cluster. The Board shall consider the effects on adjacent properties and streets resulting from the earth movement activities and may impose and set forth in the permit restrictions and conditions as deemed reasonable and in the public interest, including but not limited to the following:

Earth movement associated with the preparation of a specific building lot may take place only after the issuance of a building permit by the Building Department, and the earth moving activities shall be subject to the provisions of all applicable special permits issued by the Planning Board. Earth movement solely associated with the required standards for construction or installation of a sewage disposal system is allowed subject to a report from the Board of Health certifying that the volumes of the earth materials are required for the disposal system and that the materials are solely associated with the required standards for construction or installation of the system. This report shall be submitted to the Planning Board as part of the application for a special permit.

Regrading or importing of less than 300 cubic yards or exporting of less than 50 cubic yards of earth materials during any three-year period is permitted. Where volumes in excess of these limits are desired, application must be made to the Inspector of Buildings for an earth moving permit. All regrading shall be in conformity with the slope requirements set forth in section 4.1.4.5 and shall be limited to less than 800 cubic yards on lot areas less than one acre and 800 cubic yards per acre of lot area on lots greater than one acre. Importing or exporting shall be limited to 500 cubic yards per acre of lot area up to a maximum of 2,000 cubic yards for any single lot.

The application shall contain the information required under section 6.6.2.3 above. All calculations pertaining to the quantity of earth materials involved shall be prepared and certified by a registered professional engineer.

The Building Commissioner may impose and set forth in the permit restrictions and conditions as deemed reasonable and in the public interest, including but not limited to the conditions set forth in sections 6.6.2.4 a through h above.

Regrading, importing, or exporting of earth materials in excess of the limits specified in section 6.6.3 shall be permitted only if specifically required by the Board of Health for the construction of sewage disposal systems. A report from the Board of Health certifying the same shall be submitted to the Building Department.

address public safety;

minimize impacts on scenic, natural, and historic resources; and

provide adequate financial assurance for the eventual decommissioning of such installations.

The construction and operation of all solar energy systems shall be consistent with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar energy installation shall be constructed in accordance with the State Building Code.

Solar energy systems, ground-mounted small-scale and medium-scale, shall be allowed as an accessory use in rear yards and side yards, but not in front yards, provided that they:

Landscaping that visually buffers the solar energy system from adjacent properties, including, but not limited to, walls and fences, shall be properly maintained.

Solar energy systems and access drives shall not be allowed within critical habitats, wetlands and wetland buffer zones unless approved by the Conservation Commission or Massachusetts Department of Environmental Protection.

The size of a solar energy system as an accessory use within the residential and business districts shall be limited to that needed to generate energy consumed on-site on an annual basis as documented by prior energy usage and any permitted improvements within the next year and included in the special permit application.

For ground-mounted installations requiring a special permit, reasonable efforts, as determined by the Planning Board, shall be made to minimize visual impacts by preserving natural vegetation, screening abutting properties, or other appropriate measures. The Planning Board may also require that ground-mounted installations not occlude building signage or entry ways.

Any solar carport system for non-residential use must have a minimum clearance for emergency vehicles.

Lighting of ground-mounted solar energy systems shall be consistent with local, state, and federal law. Lighting of the system's components, including appurtenant structures, shall be limited to what is required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signs affixed to or associated with ground-mounted solar energy installations shall comply with section 5.2. A sign consistent with section 5.2 shall be required to identify the owner and provide an up-to-date 24-hour emergency contact phone number.

Reasonable efforts shall be made to place all utility connections from the solar installations underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the installation or otherwise prescribed by applicable laws, regulations, and bylaws.

For large-scale ground-mounted solar energy systems, height, front, side, and rear setbacks shall meet the dimensional requirements of the district.

The installation owner or operator of a ground-mounted solar energy system may be required to provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar energy installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

The solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar energy installation and any access road(s), unless accepted as a public way.

Any ground-mounted solar energy system that has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall remove all structures associated with the solar energy system within one year of the cessation of said use. The owner or operator shall notify the Building Department by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

The Planning Board may impose a condition requiring the owner/operator to post a bond or other financial surety acceptable to the Town in an amount sufficient to cover the cost of removal and disposal of the solar energy system.

Access driveways for large-scale ground mounted solar energy systems shall be constructed to a minimum of 20 feet wide and constructed for perimeter access. Aisle width access should be reviewed by the fire department for access for emergency vehicles with a turnaround. Access drives do not have to be paved.

The land area being disturbed for the installation of large-scale ground mounted solar installations shall be landscaped to minimize surface water run-off and soil erosion.

Vehicles defined in Appendix A, Table 1, Table of Use Regulations, subsections F.9 and F.10.

Vehicles with current registrations and current inspection stickers; and

Vehicles stored in a garage or other enclosed structure.

One unregistered but operable vehicle may be stored in public view on a lot if it can be demonstrated that the vehicle was registered and passed inspection within the twelve-month period from the date on which the owner of the vehicle is issued written notice that the vehicle may be in violation of this section.

The vehicle is covered with a standard vehicle cover of a type manufactured and sold for that purpose.

A site plan certified by a registered land surveyor or registered professional engineer indicating the dimensions of the lot, the proposed tower location and distances to property lines, existing and/or proposed building locations, existing and/or proposed overhead utility lines, and such other reasonable information as the Board may require to properly review the merit and safety of the proposed tower.

A construction plan indicating the manufacturer's specifications for the tower materials, construction details, and details for footing and guying.

No tower inclusive of its appurtenant device(s) shall exceed 100 feet in height nor be erected nearer to any property line than a distance equal to the vertical height of the tower inclusive of its appurtenant device(s) measured at the mean finished grade of the tower base unless the Board determines such restriction to be unnecessary due to the shape, topography, use, or ownership of the abutting property and the Board determines that a reduction to this setback requirement will not substantially derogate from the intent or purpose of this subsection.

The tower shall be erected in a manner to inhibit unauthorized access, either in the form of a suitable locked gate and fence surrounding the base of the tower, an unclimbable section of tower to a height of 10 feet above the ground, or other means determined suitable by the Board.

The operation of any device authorized by the Board shall not cause interference to neighboring television and radio reception, and, if such occurs any time after installation, the applicant shall, in a timely manner and at their expense, correct the cause of the interference as determined by a qualified engineer/technician.

The operation of any device authorized by the Board shall not emit noise in excess of the background noise levels measured at the applicant's property lines, and, if such excess noise occurs any time after installation, the applicant shall, in a timely manner and at their expense, correct the cause of the noise as determined by a qualified engineer/technician.

The applicant shall maintain the tower and all devices authorized by the Board in a manner that ensures its continued performance and safety. It shall be the responsibility of the applicant to annually inform (in writing) the Building Department that the tower and all devices are in good operating condition and in continued use.

The tower shall be dismantled by the applicant if:

For purposes of Section 6.10, wireless communications facilities do not include the following accessory uses or structures:

Amateur radio facilities shall be subject to the requirements of Section 6.4. All other wireless communications facilities or other similar communications uses shall be subject to the following standards and conditions.

Setback and Height. Towers, antenna, antenna support structures, and other vertical elements of wireless communications facilities situated on property abutting a residential district or on a lot in residential use, or upon property in a residential district shall be set back from the nearest residential lot line, even if that lot line is in another municipality, a horizontal distance at least equal to three times their vertical height. In all districts, the height of wireless communications towers shall not exceed 125 feet above the ground. In all districts the height of a ground-mounted dish antenna shall not exceed 18 feet measured from the mean finished grade of the base.

In non-residential districts, the Special Permit Granting Authority may allow a lesser setback or greater height if such modification provides adequate safety, promotes co-location' or improves design, and will not significantly impact the character and appearance of the neighborhood. In making a request for a lesser setback, the manufacturer or qualified licensed designer shall certify that the tower is designed to collapse upon itself in the event of failure. The Special Permit Granting Authority may also allow lesser setbacks necessary to allow for the use of an existing structure.

No new wireless communication facility tower shall be used that involves a lattice construction, requires three or more legs, and/or requires guy wire supports.

No tower or other facility shall contain any signs or other devices for the purpose of advertisement.

The visible portions of support facilities and structures such as vaults, equipment buildings or enclosures, and utilities shall be constructed out of and/or furnished with non-reflective materials.

All towers, antenna, antenna support structures, and similar facilities shall be of neutral colors that are harmonious with, and blend with, the natural features, buildings, and structures in the surroundings; provided, however, that such facilities located on the exterior of a building shall be of colors that match and/or blend with those of the building.

All building-mounted facilities shall be designed and located so as to appear to be an integral part of the existing architecture of the building.

All electronic and other related equipment and appurtenances necessary for the operation of any wireless communication facility shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade. When a new structure is required to house such equipment, the siting, design, and materials of the structure shall be harmonious with, and blend with, the natural features, buildings, and structures in the surroundings.

All satellite dishes shall be of mesh construction, unless technical evidence is submitted demonstrating that this requirement is infeasible. Microwave dishes are exempted from this provision.

All wireless communications facilities shall be protected against unauthorized climbing or other access by the public. No barbed wire fencing will be acceptable. Access to the pole shall be by cherry picker only to limit inviting unauthorized access.

Whenever feasible, design and siting of towers shall avoid the need for application of Federal Aviation Administration (FAA) lighting and painting requirements. Except as required by the FAA, towers shall not be artificially lighted. If lighting is required, lighting shall not be visible from ground level. Provide light shielding or baffling as required to eliminate light spread on or within setback distances.

The application shall include eight view lines shown in a one-mile radius from the site, beginning at true north and continuing clockwise at 45-degree intervals. The view lines shall, to the extent feasible, be taken from existing vantage points commonly used by the public, such as public ways, buildings, or facilities. The submittal shall include unaltered photographs taken from eye level (five feet above grade) that show the existing condition of these view lines, as well as accurate scale perspective elevation drawings, computer-altered photographs or other accurate representations showing the view lines with the facility in place.

A landscape plan identifying all existing vegetation, and indicating which vegetation is to be retained on the site, and showing all proposed new vegetation and other landscape treatments.

A site plan prepared by a registered land surveyor or registered professional engineer showing:

Towers equipped with generators shall be reviewed by a Sound Consultant hired by the Applicant. A certified report assuring acceptable noise levels based on the proposed installation shall be submitted with the application.

A report by a qualified Radio Frequency Engineer relating to (1) a claimed substantial gap in coverage, (2) the proposed facility's compliance with applicable Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and Federal Aviation Administration Commission (FAA) requirements, and (3) coverage maps that include all of the applicant's existing and planned towers, antennas, micro-cells, and repeaters in the coverage area and abutting municipalities.

Evidence that there is no alternative site that is available and technically feasible in Andover or an abutting municipality. Such evidence shall include an analysis by a qualified Radio Frequency Engineer of the gaps in coverage if other sites were to be used. If there is an alternative site that would provide a location to close the purported substantial gap in coverage, then the applicant must document all efforts, and results thereof, to evaluate, and obtain rights to use the alternative site.

Evidence that the applicant has analyzed the feasibility of using "repeaters", microcells, or other available technology to provide coverage to the intended service area.

The applicant shall provide written documentation of any facility sites in the town and in abutting towns or cities in which it has a legal or equitable interest, whether by ownership, leasehold, or otherwise. Said documentation shall demonstrate that these facility sites do not already provide, or do not have the potential to provide by site adjustment, adequate coverage.

A copy of the most recently recorded plan and deed for the property on which the Facility will be placed and specific documentation which shows that the applicant has the legal authority by way of ownership, purchase and sale agreement, lease, or otherwise to use the subject property for the intended purpose.

Certification by a structural engineer that the proposed Wireless Communications Facility is structurally sound.

Design details for the foundation of a proposed tower, the connection of the proposed tower to the foundation, and the breakaway points of the proposed tower.

A balloon or crane test and a report thereon as to the aesthetic effect of a proposed tower are required for a proposed tower. Within two weeks following the first public hearing, a test shall occur in accordance with the following requirements. The applicant shall notify the Special Permit Granting Authority at least five business days in advance of such test.

All new wireless communication towers or support structures shall be designed, to the maximum extent practicable and technologically feasible, for co-location of antennas and other necessary facilities for at least three other wireless communications providers, shall offer space to all other providers at market rates, and shall provide for towers that can be extended upward. Any special permit granted for a new facility under this section may be conditioned upon the written agreement of the facility operator to allow the co-location of other wireless communication providers on commercially reasonable terms.

Any applicant proposing not to co-locate their facility or proposing to locate their facility in a residential district shall provide written evidence and documentation demonstrating why it is not feasible for their facility to be co-located with existing facilities or sited in other, non-residential districts. Applicant shall be prepared to submit more than one option based on the above. The Town will have an independent Radio Frequency Engineer review optional proposed location to determine its necessity. The Town will have the option of back charging the applicant for the associated fees.

All telecommunications facilities shall be operated only at FCC designated frequencies, power levels, and standards, including FCC Radio Frequency Emissions standards.

The applicant shall provide certification demonstrating that the maximum allowable frequencies, power levels, and standards will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification.

The Permit Granting Authority may condition any special permit granted under this section upon a periodic submittal of certification of compliance with said standards. As is required by the Federal Telecommunications Act of 1996, there may be no regulation of the telecommunication facilities on the basis of the environmental effects of radio frequency emissions, other than as required by the FCC.