North Andover City Zoning Code
ARTICLE 10
ADMINISTRATION
§ 195-10.1 Enforcement.
The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If the Building Inspector is so informed in writing and declines to act, he/she shall, within 14 days of his receipt of such information, give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him/her on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain, or abate any violation of this bylaw.
§ 195-10.2 Building permits.
No building shall be erected, altered, moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning Bylaw (and other applicable Town bylaws), except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals, provided a written copy of the terms governing any exception so permitted is attached to the application for a building permit and to the building permit issued therefor. One copy of each such permit, as issued, including any conditions or exceptions attached thereto, shall be kept on file in the office of the Building Inspector. In addition to the information required above, a plot plan shall indicate provisions for all other physical requirements of this bylaw, including but not limited to off-street parking, screening and fencing. Upon granting a permit, the Building Inspector shall cause a copy to be posted in a conspicuous place on the property to which it relates.
§ 195-10.3 Certificate of use and occupancy.
No building hereafter erected, enlarged, extended, or altered shall be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the Building Inspector. No building or land changed from one use to another, in whole or in part, shall be occupied or used until a certificate of use and occupancy has been issued by the Building Inspector. This certificate shall certify compliance with the provisions of this bylaw and of all applicable codes.
§ 195-10.4 Violations and penalties.
Whoever continues to violate the provisions of this bylaw after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time shall be subject to a fine of $300. Each day that such violation continues shall be considered a separate offense.
§ 195-10.5 Planning Board associate member.
In addition to the five members of the Planning Board already allowed by statute, the Town Manager may appoint one associate member. As guided by MGL Chapter 40A, this associate member will only be allowed to sit on special permit applications to the Planning Board. The Chairman of the Planning Board may authorize the associate member to vote in case of a vacancy on the Board, or in the case of absence, inability to act, or conflict of interest on the part of any member of the Board.
§ 195-10.6 Board of Appeals.
A.
Appointment and organization.
(1)
There shall be a Board of Appeals of five members and not more than three associate members, which shall have and exercise all the powers provided under MGL Chapter 40A, and which shall hear and decide all matters specifically referred to the Board of Appeals by the North Andover Zoning Bylaw and other matters referred to such Board by statute. The Board of Appeals members and associate members shall be appointed by the Selectmen in the manner provided by statute. Within two weeks of the beginning of each calendar year, the Zoning Board of Appeals shall organize and elect a Chairman and Clerk from within its own membership.
(2)
The length of terms of the members of the Board of Appeals shall be such that the term of one member expires each year. A member of the Board of Appeals may be removed for cause by the Board of Selectmen only after written charges have been made and a public hearing has been held.
§ 195-10.7 Special permits.
The special permit granting authority shall adopt rules and regulations for the conduct of its business relative to the issuance of special permits. A copy of these rules and regulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, form, contents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of special permits. The special permit granting authority may grant a special permit within the framework of this bylaw only after holding a public hearing, which must be held within 65 days after the applicant files for such special permit. The sixty-five-day period shall be deemed to have begun with the filing of the application with the special permit granting authority. The applicant is responsible for transmitting a copy of the application for a special permit, within 24 hours of the filing of the application, with the Planning Board or the Board of Selectmen and to the Town Clerk. If an application for a special permit is to be filed with the Board of Appeals, the applicant shall file the application with the Town Clerk, who shall transmit the application to the Board of Appeals within 24 hours.
A.
Conditions for approval of special permit.
(1)
The special permit granting authority shall not approve any such application for a special permit unless it finds that, in its judgment, all the following conditions are met:
(a)
The specific site is an appropriate location for such a use, structure or condition;
(b)
The use as developed will not adversely affect the neighborhood;
(c)
There will be no nuisance or serious hazard to vehicles or pedestrians;
(d)
Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
(e)
The special permit granting authority shall not grant any special permit unless it makes a specific finding that the use is in harmony with the general purpose and intent of this bylaw.
(2)
In approving a special permit, the special permit granting authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, the following:
(a)
Requirements of front, side, or rear yards greater than the minimum required by this bylaw.
(b)
Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the special permit granting authority.
(c)
Modification of the exterior features or appearances of the structure.
(d)
Limitation of size, number of occupants, method or time of operation, or extent of facilities.
(e)
Regulation of number, design and location of access drives or other traffic features.
(3)
Special permits granted under the provisions contained herein shall be deemed to have lapsed after a two-year period from the date on which the special permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or construction has not commenced within the two-year period, the special permit granting authority, at its discretion, may extend the special permit for an additional one-year period. Included within the two-year period stated above is the time required to pursue or await the determination of an appeal from the provisions of the bylaw.
(4)
The special permit granting authority may, within the guidelines for special permits contained herein, allow accessory uses, whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related production, provided that the special permit granting authority finds that the proposed accessory use does not substantially derogate from the public good.
(5)
Within 90 days following the date of the close of the public hearing, the special permit granting authority shall take final action on the matter in order to issue a special permit provided for in this Zoning Bylaw. There shall be at least four of the five members of the granting authority voting in favor of issuing the special permit.
(6)
A special permit granted under the provisions of this bylaw shall not take effect until:
(a)
The Town Clerk certifies on a copy of the decision that 20 days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied;
(b)
The certified decision has been recorded, at the owner's expense, in the Essex County Registry of Deeds, indexed in the grantor index under the name of the record owner, and noted on the owner's certificate of title;
(c)
If the special permit involves registered property, the decision, at the owner's expense, shall also be filed with the Recorder of the Land Court.
B.
Temporary permits. The Board of Appeals may grant a temporary special permit for use or occupancy permit for a period of not more than one year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of special permits.
§ 195-10.8 Variances and appeals.
A.
The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that, owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw.
B.
Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person, including an officer or board of the Town of North Andover, or an abutting city or town, aggrieved by an order or decision of the Building Inspector or other administrative officials in violation of any provision of this bylaw. Any petition for an appeal above must be taken within 30 days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken.
(1)
No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within 65 days after the Zoning Board of Appeals receives the petition from the Town Clerk.
(2)
The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within 100 days after the date of the petition is filed with the Town Clerk. In order to grant a petition for a variance or an appeal, four of the five members of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein, the petition for a variance or appeal shall be deemed granted.
(a)
In the case of a variance, the Zoning Board of Appeals may impose conditions, safeguards and limitations of time and use; however, these conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant, petitioner, or owner. Furthermore, if the rights authorized by the variance are not exercised within one year of the date of the grant, they shall lapse and may be reestablished only after notice and a new hearing.
(3)
The Zoning Board of Appeals shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons, which shall be filed within 14 days in the office of the Town Clerk and shall be a public record.
C.
Notice of the decision shall be mailed forthwith to the petitioner, applicant, or appellant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him/her and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be filed within 20 days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner, and identification of the land and/or structure affected (if a variance procedure, how the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision have been filed with the Planning Board and Town Clerk are required.
§ 195-10.9 Amendments to Zoning Bylaw.
This bylaw shall be adopted and shall be amended from time to time by a two-thirds vote at an Annual or Special Town Meeting. Amendments to this bylaw may be initiated by submission of the amendment to the Board of Selectmen by any of the following: a) Board of Selectmen; b) Zoning Board of Appeals; c) an individual owning land to be affected by the amendment; d) request of registered voters of the Town pursuant to MGL c. 39, § 10; e) the Planning Board; and f) the Merrimack Valley Planning Commission.
A.
Submission of amendment to Planning Board.
(1)
Within 14 days of the receipt of an application for an amendment to this bylaw, the Board of Selectmen shall submit the proposed amendment to the Planning Board for review. The Planning Board shall hold a public hearing on any North Andover Town Meeting warrant article to amend the Zoning Bylaw or the Zoning Map and shall report its recommendations thereon, if any, to the Town Meeting.
(2)
Each warrant article to change the Zoning Map shall explicitly state the nature, extent, and location of the map change proposed and shall be accompanied by:
B.
Public hearing.
(1)
Within 65 days after receipt of a proposed amendment from the Board of Selectmen, or within 65 days after the receipt of an application for a special permit, the Planning Board or Zoning Board of Appeals, as the case may be, shall hold a public hearing, notice of which shall be published in a newspaper of general circulation covering the Town once in each of two successive weeks. The first publication may not be less than 14 days before the day of the hearing (the date of the public hearing shall not be counted in the 14 days).
(2)
Additionally, notification of the public hearing shall be posted in a conspicuous place in the North Andover Town Hall for a period of not less than 14 days before the date of the hearing. Further, notification of the public hearing shall be sent to the Massachusetts Department of Community Affairs, the Merrimack Valley Planning Commission and the Planning Board of all abutting cities and towns prior to the public hearing date. Notice of the public hearing shall include: a) the time and place of hearing; b) the subject matter; c) the place where texts and maps may be inspected.
C.
Report by Planning Board. No vote to adopt the proposed amendment shall be taken by the Town Meeting until the report, with recommendations by the Planning Board, has been submitted to the Town Meeting or until 21 days after said hearing has elapsed without submission of said reports or submissions. After such notice, hearing, and report, or after 21 days shall have elapsed after such hearing without submission of such report, the Town Meeting (annual or special) may adopt, reject, or amend any such proposed amendment.
D.
Failure to adopt. If the Town Meeting fails to vote to adopt any proposed bylaw amendment within six months after the hearing described heretofore, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as heretofore provided.
E.
Repetitive petitions. If any proposed bylaw amendment thereto is acted upon unfavorably by the Town Meeting (annual or special), it shall not be acted upon again for a period of two years from the date of the unfavorable action unless the Planning Board recommends in favor of the petition in the report.
F.
Procedural defects. In accordance with MGL Chapter 40A, no claim or invalidity of this bylaw or any amendment to this bylaw arising out of a possible defect in the procedure of adoption or amendment shall be made in any legal proceeding and no state, regional, county, or municipal officer shall refuse, deny, or revoke any permit, approval, or certificate because of any such claim of invalidity unless such claim is made within 120 days after the adoption of the bylaw or amendment. Notice specifying the court, parties, invalidity claim, and date of filing shall be filed, together with a copy of the petition, with the Town Clerk within seven days after commencement of the action.
G.
Effect of subsequent amendments. In the case of amendments to this bylaw or changes in the districts or the boundaries subsequent to the date this bylaw becomes effective, the right to continue the use or maintenance of any building, structure, or premises which was lawful when such amendment or change, except as provided by statute, specifically: that construction or operations under a building permit or special permit shall conform to any subsequent amendment unless the use or construction is commenced within a period of not less than six months after the issuance of the permit (The date of issuance shall be considered to be the date on which the building permit was issued or, in the case of a special permit, the date on which the Planning Board voted final action.) and in cases involving construction unless such construction is continued through completion as continuously and expeditiously as is reasonable.
§ 195-10.10 Conflict of laws.
In general, this bylaw is supplementary to other North Andover bylaws affecting the use, height, area, and location of buildings and structures and the use of premises. Where this bylaw imposes a greater restriction upon the use, height, area, and location of buildings and structures and the use of premises than is imposed by other bylaws, the provisions of this bylaw shall control.
§ 195-10.11 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section provision thereof.
§ 195-10.12 Repetitive petitions.
When 1) the Planning Board denies an application for a special permit; or 2) the Board of Appeals denies a petition or a variance, no application on the same matter may be heard and acted favorably upon for a two-year period unless the following conditions are met:
A.
In the case of 1) above, four of the five members of the Planning Board find that there are specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the records of its proceedings, and only after a public hearing at which such consent will be considered and after notice is given to the parties in interest.
B.
In the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied within a two-year period of time unless four of the five members of the Zoning Board of Appeals find that there are specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow the petitioner to repetition the Zoning Board of Appeals will be considered and after notice is given to parties in interest and only with four of the five members of the Planning Board voting to grant consent.
§ 195-10.13 Withdrawal without prejudice.
Any petition for a variance which has been transmitted to the Zoning Board of Appeals or any application for a special permit which has been transmitted to the Planning Board may be withdrawn, without prejudice, by the petitioner prior to the publication of notice of a public hearing thereon, but thereafter may be withdrawn without prejudice only with approval (majority vote) of the Zoning Board of Appeals or Planning Board, respectively.