North Andover City Zoning Code
ARTICLE 4
BUILDINGS AND USES PERMITTED
§ 195-4.1 General provisions.
A.
In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited, except uses which are similar in character to the permitted uses shall be treated as requiring a special permit.
B.
When a lot in one ownership is situated in part of the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein.
C.
When a zoning district boundary divides a lot of record on June 5, 1972, in one ownership, all zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by special permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to the extent of not more than 100 linear feet in depth (at right angle to such boundary) into the lesser part by area of such lot so divided.
D.
Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are located nor impair the neighborhood. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the customer.
E.
No private or public way giving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district.
§ 195-4.2 Residence 1, Residence 2, and Residence 3 Districts.
[Amended 5-16-2023 ATM by Art. 36; 5-13-2025 ATM by Art. 24]
A.
One-family dwelling, but not to exceed one dwelling on any one lot.
B.
Place of worship.
C.
Rooming house, renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there is no display or advertising on such dwelling or its lot other than a nameplate or sign not to exceed six inches by 24 inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
D.
For use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
(1)
Not more than a total of three people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling;
(2)
The use is carried on strictly within the principal building;
(3)
There shall be no exterior alterations, accessory buildings, or displays which are not customary with residential buildings;
(4)
Not more than 25% of the existing gross floor area of the dwelling unit so used, not to exceed 1,000 square feet, is devoted to such use. In connection with such use, there is to be kept no stock-in-trade, commodities or products which occupy space beyond these limits;
(5)
There will be no display of goods or wares visible from the street;
(6)
The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood;
(7)
Any such building shall include no features of design not customary in buildings for residential use.
E.
Real estate signs not to exceed 24 inches by 36 inches in size which shall advertise only the rental, lease, sale of the premises upon which they are placed.
F.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds, except chickens being kept, harbored, raised, or maintained as accessory to a residential single-family structure as defined in Subsection F(5), in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird, but not the keeping of animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
(5)
The sale of products of agriculture, horticulture, floriculture, viticulture or silviculture as well as accessory or customary items, by any person who is primarily engaged in any of the above activities. The operation must be on at least 10 contiguous acres used primarily for any of these activities.
(6)
A single-family residence may keep a maximum of six hens.
(a)
Two-family residences, in addition to single-family residences, may keep six hens as long as hens are owned by the homeowner, who must reside in the property.
(b)
For lots of at least three acres, a single-family residence may keep a maximum of three hens per acre of lot size.
(c)
No roosters shall be permitted.
(d)
Such residence must maintain a minimum coop area of four square feet per hen.
(e)
The owner of the hens must live in the residence.
(f)
Hens and coops are prohibited from the front yard of a residence, unless screened by a privacy fence of at least six feet in height.
(g)
No coop shall be located closer than 40 feet to any residential structure occupied by someone other than the hen owner, custodian or keeper.
(h)
The hens shall be secured in a coop and contained in a fenced area on the property when out of the coop.
(i)
This use shall meet all current applicable state or Board of Health regulations regarding the raising of chickens.
G.
Swimming pools in excess of two feet deep shall be considered a structure and permitted, provided they are enclosed by a suitable wall or fence at least four feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten-foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by special permit.
H.
Museums.
J.
Public building and public service corporations (special permit required), but not including public works garages.
K.
Golf course.
L.
Swimming and/or tennis clubs shall be permitted with a special permit.
M.
Cemetery.
N.
Nursing and convalescent home; see dimensional requirements of Table 2[1] (special permit required).
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
O.
Municipal recreational areas.
P.
Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
Q.
Family suite. A separate dwelling unit within or attached to a dwelling for a member of a household is allowable by special permit, provided:
(1)
The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing owners of the dwelling unit;
(2)
The premises are inspected annually by the Building Inspector for conformance to this section of the bylaw;
(3)
The special permit shall be recorded at the North Essex Registry of Deeds.
R.
Accessory buildings no larger than 64 square feet shall have a minimum five-foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
S.
Child-care facility.
T.
Independent elderly housing by special permit in the Residence 3 District only.
§ 195-4.3 Residence 4 District.
[Amended 5-16-2023 ATM by Art. 36; 5-13-2025 ATM by Art. 24]
A.
One residential building per lot.
B.
Place of worship.
C.
Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there is no display or advertising on such dwelling or its lot other than a nameplate or sign not to exceed six inches by 24 inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
D.
For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
(1)
Not more than a total of three people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling.
(2)
The use is carried on strictly within the principal building;
(3)
There shall be no exterior alterations, accessory building, or displays which are not customary with residential buildings;
(4)
Not more than 25% of the existing gross floor area of the dwelling unit so used, not to exceed 1,000 square feet, is devoted to such use. In connection with such use, there is to be kept no stock-in-trade, commodities or products which occupy space beyond these limits;
(5)
There will be no display of goods or wares visible from the street;
(6)
The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or any other way become objectionable or detrimental to any residential use within the neighborhood;
(7)
Any such building shall include no feature of design not customary in buildings for residential use within the neighborhood.
E.
Real estate signs not to exceed 24 inches by 36 inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed.
F.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds, except chickens being kept, harbored, raised, or maintained as accessory to a residential single-family structure as defined in Subsection F(5), in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
(5)
A single-family residence may keep a maximum of six hens.
(a)
Two-family residences, in addition to single-family residences, may keep six hens as long as hens are owned by the homeowner, who must reside in the property.
(b)
For lots of at least three acres, a single-family residence may keep a maximum of three hens per acre of lot size.
(c)
No roosters shall be permitted.
(d)
Such residence must maintain a minimum coop area of four square feet per hen.
(e)
The owner of the hens must live in the residence.
(f)
Hens and coops are prohibited from the front yard of a residence, unless screened by a privacy fence of at least six feet in height.
(g)
No coop shall be located closer than 40 feet to any residential structure occupied by someone other than the hen owner, custodian or keeper.
(h)
The hens shall be secured in a coop and contained in a fenced area on the property when out of the coop.
(i)
This use shall meet all current applicable state or Board of Health regulations regarding the raising of chickens.
G.
Swimming pools in excess of two feet deep shall be considered a structure and permitted, provided they are enclosed by a suitable wall or fence at least four feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten-foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by special permit.
H.
Museums.
J.
Municipal building or use, and public service corporation use (special permit required).
K.
Golf course.
L.
Swimming and/or tennis clubs shall be permitted with a special permit.
M.
Cemetery.
N.
Residential dwellings.
(2)
Conversions. The conversion of an existing one-family dwelling to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with § 195-10.7 of this bylaw and Subsection N(4) of this section, provided that conversion from a one-family dwelling to a two-family dwelling meets the following additional requirements:
(a)
If a conversion involves increasing the size of an existing structure, the expansion area shall not exceed 50% of the original building's gross floor area, up to a maximum of 1,500 square feet. The size of the second dwelling unit can never exceed 1,500 square feet.
(b)
If a conversion involves razing an existing structure, the gross floor area of the new residential structure shall not exceed 150% of the gross floor area of the original building, nor shall the new structure be more than 1,000 square feet of gross floor area larger than the original structure, whichever is less. The size of the second dwelling unit may never exceed 1,500 square feet. If an existing lot is subdivided to form two or more new lots, and the existing structure lies within more than one of the new lots, and if the existing structure is to be razed in connection with the conversion, then new buildings on any lot formerly covered by the existing structure must comply with all the provisions of Subsection N(2) of this section. Newly created lots not formerly covered by the existing structure must meet the requirements of Subsection N(4) of this section.
(c)
There must be two parking spaces for each dwelling unit.
(d)
No parking/driveway shall be permitted within 10 feet of any lot line.
(e)
No garage or carport shall face the street unless it is located at least 10 feet behind the front facade of the principal structure and in accordance with the dimensional setbacks outlined in Table 2 of this bylaw.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
(f)
The converted structure shall meet all of the dimensional requirements of the R-4 District identified in Table 2 of this bylaw.
(g)
Stairways leading to the second or any higher floor shall be enclosed.
(h)
The principal building in a conversion to a two-family dwelling shall share a connected common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without a foundation, and no structure that is entirely or partially a garage shall be considered as meeting the 75% requirement.
(i)
The conversion of a one-family dwelling to a two-family dwelling:
(3)
The conversion of an existing dwelling to accommodate not more than five residential units, by special permit from the Zoning Board of Appeals in accordance with § 195-10.7 of this bylaw and Subsection N(4) of this section. The conversion of a single-family dwelling to a two-family dwelling must comply with the provisions of § 195-10.7 of this bylaw and Subsection N (2) and N(4) of this section.
(4)
Special permit granting criteria for two-family dwelling and one-family to two-family or multifamily conversions.
(a)
The Zoning Board of Appeals may approve a special permit for a proposed use of a building, dwelling or structure provided by Subsection N(1)(b), (2) or (3) upon finding that the application complies with the purposes of this bylaw and is consistent with the use of the site for the purpose permitted within the Residential 4 District. In making its decision, the Zoning Board shall consider the following criteria in addition to those listed in § 195-10.7A:
[1]
Consistency with the North Andover Master Plan.
[2]
The degree to which the proposed use furthers the Town's interest in providing a range of housing types, where applicable.
[3]
The degree to which the application addresses the following design standards:
[a]
Achieve compatibility with the established pattern of uses in the district. The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue, and more compact neighborhoods with a mix of residential uses toward Waverly Road. New construction or substantial alteration of buildings must complement and reinforce the design features of these neighborhoods.
[b]
Achieve design compatibility with architectural features and exterior materials of surrounding structures.
[c]
Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State Register, and which are more than 50 years old as of the date of application for a special permit, may be converted, constructed, reconstructed, restored or altered only in a manner that maintains or promotes their status as listed or eligible historic resources. For purposes of zoning compliance, additions or alterations that adhere to the United States Secretary of the Interior's Standards for the Treatment of Historic Properties will generally be presumed to maintain or promote such status.
[d]
Preserve established, mature vegetation.
(b)
The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to be converted for use as a dwelling of not more than five residential units, and meeting all requirements of the state and Town statutes and bylaws, including the health codes, building codes, zoning laws and zoning bylaws. Proof of ownership must be supplied with the application.
(5) ADDITION CONVERSION
Definitions.
An enlargement, alteration, extension or change to an existing dwelling unit that does not result in the creation of an additional dwelling unit.
An enlargement, alteration, extension or change to an existing dwelling unit that results in the creation of one or more additional dwelling units in a single structure. A property is considered a conversion whether the added dwelling units are included as part of the existing structure, or whether a new structure is built after razing/demolition of the existing structure.
O.
Municipal recreational areas.
P.
Guest or rooming houses.
Q.
Nursing and convalescent homes; see dimensional requirements of Table 2[2] (special permit required).
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
R.
Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
S.
Accessory buildings no larger than 64 square feet shall have a minimum five-foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
T.
Child-care facility.
U.
Congregate housing for elders; special permit.
(1)
In the R-4 Zone the Planning Board may grant a special permit for congregate housing consistent with special permit criteria and procedures set forth in § 195-10.7 of this bylaw.
(2)
The maximum allowable FAR for congregate housing shall be 0.30 in the R-4 District (seven units).
(3)
In no instance shall any new or preexisting building used for congregate elderly housing have more than 14 dwelling units.
(4)
All dimensional criteria established in Article 7, Table 2, Summary of Dimensional Regulations,[3] shall apply to all structures used for congregate housing purposes.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
V.
Family suite. A separate dwelling unit within or attached to a dwelling for a member of a household is allowable by special permit, provided:
(1)
The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing owners of the dwelling unit;
(2)
The premises are inspected annually by the Building Inspector for conformance to this section of the bylaw;
(3)
The special permit shall be recorded at the North Essex Registry of Deeds.
§ 195-4.4 Village Residential District.
A.
Single-family residential structures.
B.
Two-family residential structures.
C.
Multifamily residential structures, not exceeding five dwelling units per structure.
D.
Place of worship.
E.
Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six inches by 24 inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
F.
For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions apply:
(1)
Not more than a total of three people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling.
(2)
The use is carried on strictly within the principal building.
(3)
There shall be no exterior alterations, accessory building or display which is not consistent with residential buildings.
(4)
Not more than 25% of the existing gross floor area of the dwelling unit so used, not to exceed 1,000 square feet, is devoted to such use. In connection with such use, there is to be kept no stock-in-trade, commodities, or products which occupy space beyond these limits.
(5)
There will be no goods or wares visible from the street.
(6)
The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to the residential use within the neighborhood.
(7)
Any such building shall include no feature of design not customary in a building for residential use.
G.
Real estate signs not to exceed 24 inches by 36 inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed.
H.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such a lot, and/or for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or pets of persons not resident on such lot.
(3)
On any lot of at least five acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
I.
Swimming pools in excess of two feet deep shall be considered a structure and permitted, provided they are enclosed by a suitable wall or fence at least four feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten-foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by special permit.
J.
Museums.
K.
Educational facilities.
L.
Municipal building and public service corporation use (special permit required).
M.
Golf course.
N.
Swimming and/or tennis clubs shall be permitted with a special permit.
O.
Cemetery.
P.
One- or two-family dwellings, including the right to convert an existing dwelling to accommodate not more than five family units by special permit from the Zoning Board of Appeals after a public hearing with due notice given, provided:
(1)
No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person, partnership, or corporation to be converted for use as dwellings of not more than five family units, and meeting all requirements of the state and Town statutes and bylaws, including health codes, safety codes, building codes, zoning laws and zoning bylaws.
(2)
Stairways leading to the second or any higher floor shall be enclosed.
Q.
Municipal recreational areas.
R.
Guest or rooming houses.
S.
Nursing and convalescent homes; see the dimensional requirements of Table 2[1] (special permit required).
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
T.
Any accessory building no larger than 64 square feet shall have a minimum five-foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
U.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.5 Residence 5 District.
A.
One-family dwelling.
B.
Place of worship.
C.
Renting rooms for dwelling purposes for furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there is no display or advertising on such dwelling or its lot other than a nameplate or sign not to exceed six inches by 24 inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
D.
For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
(1)
Not more than a total of three people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling;
(2)
The use is carried on strictly within the principal building;
(3)
There shall be no exterior alterations, accessory buildings, or displays which are not customary with residential use;
(4)
Not more than 25% of the existing gross floor area of the dwelling unit so used, not to exceed 1,000 square feet, is devoted to such use. In connection with such use, there is to be kept no stock-in-trade, commodities or products that occupy space beyond these limits;
(5)
There will be no display of goods or wares visible from the street;
(6)
The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance or in any other way become objectionable or detrimental to the residential use of the neighborhood;
(7)
Any such building shall include no feature of design not customary in buildings for residential use.
E.
Real estate signs not to exceed 24 inches by 36 inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed.
F.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of such animals, birds, or pets of persons not resident on such a lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
G.
Swimming pools in excess of two feet deep shall be considered a structure and permitted, provided they are enclosed by a suitable wall or fence at least four feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten-foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by special permit.
H.
Museums.
I.
Public buildings or use and public service corporations (special permit required), but not including public works garages.
K.
Golf course.
L.
Swimming and/or tennis clubs shall be permitted with a special permit.
M.
Cemetery.
N.
Townhouses.
O.
Guest or rooming houses.
P.
Nursing or convalescent home; see the dimensional requirements of Table 2[1] (special permit required).
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
Q.
Multifamily dwellings.
R.
Professional offices on the ground floor of multifamily dwelling structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each 1,000 square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one.)
S.
Hotel or motel (special permit required).
T.
Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
U.
Accessory buildings no larger than 64 square feet shall have a minimum five-foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling.
V.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.6 Residence 6 District.
A.
Permitted uses.
(1)
Single-family residential structure.
(2)
Two-family residential structure.
(3)
Multifamily residential structure, not exceeding seven dwelling units per structure.
(4)
Place of worship.
(5)
Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there is no advertising on such dwelling or its lot other than a nameplate or sign not to exceed six inches by 24 inches in size, and further provided that no dwelling shall be erected or altered primarily for such use.
(6)
For the use of a dwelling in any residential district or multifamily district for a home occupation, the following conditions shall apply:
(a)
Not more than three people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling.
(b)
The use is carried on strictly within the principal building.
(c)
There shall be no exterior alterations, accessory buildings, or displays that are not customary with residential buildings.
(d)
Not more than 25% of the existing gross floor area of the dwelling unit so used, not to exceed 1,000 square feet, is devoted to such use. In connection with such use, there is to be kept no stock-in-trade, commodities, or products which occupy space beyond these limits.
(e)
There will be no display of goods or wares visible from the street.
(f)
The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable to any residential use within the neighborhood.
(g)
Any such building shall include no feature of design not customary in buildings for residential use.
(7)
Real estate signs not to exceed 24 inches by 36 inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed.
(8)
Agriculture, horticulture, floriculture, viticulture or silviculture.
(a)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(b)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of animals or birds or pets of persons not a resident of such lot.
(c)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries.
(d)
The sale of products raised as a result of the above uses on the subject land.
(9)
Swimming pools in excess of two feet deep shall be considered a structure and permitted, provided they are enclosed by a suitable wall or fence at least four feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool's location. Pools shall have a minimum of a ten-foot setback from rear and side lot lines and be located no nearer the street than the building line of the dwelling, except by special permit.
(10)
Museums.
(11)
Educational facilities.
(12)
Municipal building and public service corporation use (special permit required).
(13)
Golf course.
(14)
Swimming and/or tennis clubs shall be permitted with a special permit.
(15)
Cemetery.
(16)
One- or two-family dwellings, including the right to convert an existing dwelling to accommodate not more than seven family units by special permit from the Zoning Board of Appeals after a public hearing with due notice given, provided:
(a)
No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person, partnership, or corporation to be converted for use as a dwelling of not more than seven family units, and meeting all the requirements of the state and Town statutes and bylaws, including health codes, safety codes, building codes, zoning laws, and zoning bylaws.
(b)
Stairways leading to the second or any higher floor shall be enclosed.
(17)
Municipal recreation areas.
(18)
Guest or rooming houses.
(19)
Nursing and convalescent homes; see the dimensional requirements of Table 2[1] (special permit required).
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
(20)
Any accessory building larger than 64 square feet shall have a minimum five-foot setback from the side and rear lot lines and shall be located no nearer to the street than the building line of the dwelling.
(21)
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
B.
The following uses shall be allowed only by special permit; the permit granting authority shall be the Planning Board:
(1)
Retail stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity not involving automotive sales, manufacturing or service; also, retail bakeries or confectioneries by special permit.
(2)
Banks, offices and municipal, civic or public service buildings, such as post offices, telephone exchanges, Town offices, school library, location passenger station by special permit.
(3)
Dining room or lunchroom by special permit.
(4)
Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by special permit.
(5)
Single-family residential structures.
(a)
Single-family residential structures which conform to the following dimensional criteria:
Requirements | Dimensions |
|---|---|
Lot area, minimum (square feet) | 5,000 |
Height, maximum (feet) | 35 |
Street frontage, minimum (feet) | 75 (Note 1) |
Front setback, minimum (feet) | 20 |
Side setback, minimum (feet) | 5 |
Rear setback, minimum (feet) | 15 |
Floor area ratio, maximum | N/A |
Lot coverage, maximum | 25% |
Dwelling unit density | 6/acre (Note 2) |
Contiguous buildable area, minimum (square feet) | 5,000 |
(b)
For each application filed for a special permit under this subsection, the applicant must have a contiguous parcel of land, in a single or consolidated ownership at the time of application, which is at least three acres in size.
(c)
Footnotes:
[1]
In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shall be 250 feet.
[2]
Only if all lots or structures are serviced with public sewer and/or a private sewer system approved and accepted by the Town. For the purpose of this subsection, the term "private sewer system" shall mean a sewer system built by a developer of the Town specifications and locations, and dedicated to the Town. In no instance shall the term "private sewer system" be construed to limit accessibility to the sewer system beyond regulations consistent with the public sewer system.
§ 195-4.7 Business 1 District.
A.
Retail establishments up to 50,000 square feet of gross floor area per user. Retail establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a special permit issued by the Planning Board as special permit granting authority.
B.
Personal service establishments.
C.
Professional offices, banks, real estate offices, and insurance offices.
D.
Eating or drinking uses may be permitted only as a secondary use within a permitted primary use.
E.
Place of worship.
F.
Nonprofit school.
G.
Public building or use and public service corporation.
H.
Art gallery.
I.
Residential uses, including one- and two-family dwellings. Apartments shall be allowed where such use is not more than 50% of the total floor space in the building.
J.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops or row crops, truck gardens, orchards, plant nurseries and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
K.
Swimming and/or tennis clubs shall be permitted with a special permit.
L.
Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
M.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.8 Business 2 District.
A.
Retail establishments up to 50,000 square feet of gross floor area per user. Retail establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a special permit issued by the Planning Board as special permit granting authority.
B.
Personal service establishments.
C.
Professional offices, banks, real estate offices and insurance offices.
D.
Business and other offices.
E.
Public building or use and public service corporation.
F.
Art gallery.
G.
Swimming and/or tennis clubs shall be permitted with a special permit.
H.
Place of worship.
I.
Eating and drinking establishments.
J.
Nonprofit school or private school for profit or museum.
K.
Indoor place of amusement or assembly.
L.
Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along center line).
M.
Medical center, clinic or medical laboratory.
N.
Funeral parlor.
O.
Multifamily dwelling and townhouses (with special permit by the Planning Board).
P.
Public parking garages.
Q.
Taxi depot.
R.
Printing and reproduction.
S.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
T.
Residential use where such use is not more than 50% of the total floor space in the structure.
U.
Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be noxious, injurious, or offensive to the neighborhood.
V.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.9 Business 3 District.
A.
Retail establishments.
B.
Personal service establishments.
C.
Professional offices, banks, real estate offices and insurance offices.
D.
Business and other offices.
E.
Public building or use and public service corporation.
F.
Art gallery.
G.
Swimming and/or tennis clubs shall be permitted with a special permit.
H.
Place of worship.
I.
Eating and drinking establishments.
J.
Nonprofit school or private school for profit or museum.
K.
Indoor place of amusement or assembly.
L.
Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along the center line).
M.
Medical center, clinic or laboratory.
N.
Funeral parlor.
O.
Public parking garage.
P.
Taxi depot.
Q.
Printing and reproduction.
R.
Research and development facilities.
S.
New car sales, but not to include outdoor car sales lots accommodating more than 10 used cars.
T.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops or row crops, truck gardens, orchards, plant nurseries and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
U.
Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
V.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.10 Business 4 District.
A.
Research and development facilities.
B.
Business, professional and other offices.
C.
Accessory retail, personal service and eating and drinking use shall be permitted in an amount not to exceed 10% of the total gross floor area of the principal uses.
E.
Place of worship.
F.
Nonprofit school or private school for profit or museum.
G.
Public building or use and public service corporations.
H.
Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured along center line).
I.
Medical center, clinic or medical laboratory.
J.
Nursing or convalescent homes. See the dimensional requirements of Table 2.[2]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
K.
Art gallery.
L.
Swimming and/or tennis clubs shall be permitted with a special permit.
M.
Printing and reproduction.
N.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
O.
Parking, indoor storage and other accessory uses associated with the above uses, provided that such use shall not be injurious, noxious, or offensive to the neighborhood.
P.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.11 Village Commercial District.
A.
Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or place for any professional, artistic or mercantile activity, not involving automotive sales or manufacturing; also, retail bakeries or retail confectioneries.
B.
Banks, offices and municipal, civic or public service buildings, such as a post office, telephone exchanges, Town offices, school, library, museum, place of worship, local passenger station.
C.
Hall, club, theater, or other place of amusement or assembly.
D.
Restaurant, dining room or lunchroom.
E.
Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
F.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of field crops and row crops, truck gardens, orchards, plant nurseries and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries.
(4)
The sale of products of agriculture, horticulture, floriculture, viticulture, or silviculture as well as accessory or customary items by the person who is primarily engaged in any of the above activities. The operation must be at least 10 contiguous acres used primarily for any of these activities.
G.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.12 General Business District.
A.
Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing; also, retail bakeries or retail confectioneries.
B.
Banks, offices and municipal, civic, or public service buildings, such as a post office, telephone exchange, Town offices, school, library, museum, place of worship, local passenger station.
C.
Hall, club, theater, or other place of amusement or assembly.
D.
Automobile service and filling stations, automobile storage and repair garages, including automobile body repairs and painting, and automobile sales agencies for new and used cars, provided there are not displayed or stored outdoors on such premises more than 25 automobiles or other vehicles.
E.
Restaurant, dining room or lunchroom.
F.
Residential use where such use is not more than 50% of the total floor space in the structure.
G.
Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
H.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
I.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.13 Industrial 1 District.
A.
Research and development facilities.
B.
Business, professional and other offices.
C.
Retail and food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than 10% of the gross floor area of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have 10% of gross floor area (GFA) devoted to any accessory use. (Refer to the definition of "accessory use or structure" in § 195-2.2.)
D.
Place of worship.
E.
Nonprofit school or private school for profit.
F.
Public building or use and public service corporations.
G.
Medical center, clinic, or medical laboratory.
H.
Art gallery or museum.
I.
Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permitted with a special permit.
J.
Printing and reproduction.
K.
Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the Town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
L.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
M.
Warehousing and wholesaling shall be permitted only as a secondary use.
N.
Golf course.
O.
Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
P.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.14 Industrial 2 District.
A.
Research and development facilities.
B.
Business, professional and other offices.
C.
Retail and food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than 10% of the gross floor area (GFA) of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have 10% of gross floor area (GFA) devoted to any accessory use. (Refer to the definition of "accessory use or structure" in § 195-2.2.)
D.
Place of worship.
E.
Nonprofit school or private school for profit.
F.
Public service corporation and energy or resource recovery facility, provided that said resource recovery facility has first obtained a valid site assignment from the Board of Health pursuant to § 150A of Chapter 111 of the General Laws. Any dumping of ash or other hazardous material generated by such facility shall be subject to a special permit, with the special permit granting authority to be the Planning Board.
G.
Medical center, clinic, or medical laboratory.
H.
Art gallery.
I.
Recreational uses, including swimming club, tennis club, health club, indoor ice skating facility, and indoor/outdoor athletic recreation facility by special permit.
J.
Printing and reproduction.
K.
Light manufacturing and renewable energy.
(1)
Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the Town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
(2)
Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of 25 acres; less than 25 acres but a minimum of 10 acres by special permit.
L.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
M.
Warehousing and wholesaling.
N.
Golf course.
O.
Lumber or other building materials storage or sales, fuel storage or contractor's yard, provided all outdoor uses are enclosed by a fence of five feet or more in height.
P.
Bus garage.
Q.
Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along center line).
R.
Car wash.
S.
Automobile or other motor vehicle repair, provided all activities are within an enclosed building.
T.
Veterinary hospitals and kennels, provided all activities are within an enclosed building.
U.
Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
V.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
W.
Hotels and motels, limited to one in each 2,000 linear feet of street or highway as measured along the center line.
§ 195-4.15 Industrial 3 District.
§ 195-4.16 Industrial S District.
A.
Research and development facilities.
B.
Business, professional and other offices.
C.
Place of worship.
D.
Nonprofit school or private school for profit.
E.
Public building or use and public service corporations.
F.
Printing and reproduction.
G.
Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the Town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
H.
Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger station, or business office buildings. By special permit, an automobile service or filling station, a diner, a restaurant, a retail food store, and retail stores that are an accessory use to the principal use.
I.
Warehousing and wholesaling.
J.
Lumber or other building materials storage or sales, fuel storage, or contractor's yard, provided all outdoor uses are enclosed by a fence of five feet or more in height.
K.
Bus garage.
L.
Any accessory use customarily incident to any of the above permitted uses, provided that such use shall not be injurious, noxious or offensive to the neighborhood.
M.
Agriculture, horticulture, floriculture, viticulture or silviculture.
(1)
Farming of crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses.
(2)
On any lot of at least three acres, the keeping of a total of not more than three of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five acres, the keeping of one additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot.
(3)
On any lot of at least five acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries.
(4)
The sale of products raised as a result of the above uses on the subject land.
N.
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
§ 195-4.17 Purpose; location; special permit granting authority.
A.
The Watershed Protection District is herein established as an overlay district and shall be superimposed on the other districts established by this Zoning Bylaw. The requirements enumerated hereafter for this Watershed Protection District shall be in addition to, rather than in place of, the requirements of such other districts.
B.
The Watershed Protection District surrounds Lake Cochichewick, the Town's sole source of public drinking water supply. Regulations within the district are intended to preserve the purity of the groundwater, the lake and its tributaries; to maintain the groundwater table; and to maintain filtration and purification functions of the land; while conserving the natural environment; and protecting the public health, safety and welfare.
C.
The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P., Inc., for the Town of North Andover, is a comprehensive study of the lake and its watershed. The Watershed Protection District is a portion of the I.E.P.'s study-recommended management plan. Copies of the I.E.P. report are available in the Planning Board office.
D.
The special permit granting authority (SPGA) under this bylaw shall be the Planning Board.
§ 195-4.18 Boundaries and zones.
A.
The boundaries of the Watershed Protection District are shown on the Zoning Map as set forth on a plan entitled "Sub-drainage Areas," Lake Cochichewick Watershed Plan (August 1987), Attachment 1, dated August 1985, prepared by I.E.P., Inc., for the Town of North Andover. This plan is hereby made a part of this bylaw and is on file in the office of the Town Clerk.
B.
The Watershed Protection District shall be divided into four zones. The uses and building requirements for each zone vary according to its proximity to the lake and wetland resource areas. The zones are as follows:
[Amended 6-17-2021 ATM by Art. 30]
(1)
General. There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[1]) located within the watershed for all lots created on or prior to October 24, 1994, and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for lots created after October 24, 1994.
(2)
Non-Discharge. There shall exist a Non-Discharge Zone within the Watershed Protection District which shall consist of all land areas located between 250 feet and 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 100 feet and 325 feet horizontally from the edge of all wetland resource areas (as defined by in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for lots created on or prior to October 24, 1994, and for all land located between 250 feet and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 150 feet and 400 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.
(3)
Non-Disturbance. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located within 250 feet horizontally from the annual mean high water mark of Lake Cochichewick, and within 100 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created on or prior to October 24, 1994, and for all land located between 150 feet and 250 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 75 feet and 150 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.
(4)
Conservation. There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within 150 feet horizontally from the annual mean high water mark of Lake Cochichewick and within 75 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.
C.
In the event that the SPGA determines, on the basis of credible evidence before it, that there exists a significant doubt or dispute concerning the proper location of boundaries of the Watershed Protection District on any individual lot or lots, the SPGA shall, at the request of the owner of such lot or lots, engage a registered professional engineer to advise it in determining such boundaries. The owner making such request shall reimburse the SPGA for the cost of such engineer. Upon completion of the engineer's report to the SPGA, the SPGA shall hold a hearing; such report shall be deemed evidence sufficient to establish the location of the boundary unless rebutted by credible evidence to the contrary.
D.
When the Watershed Protection District boundary divides a lot of record as of June 28, 1978, in one ownership, that portion of the lot within the Watershed Protection District must comply with this bylaw. Where the premises are partially outside of the Watershed Protection District, potential pollution sources such as on-site waste disposal systems shall be located outside of the district to the extent feasible.
E.
The provisions relating to the Conservation Zone shall not apply to any activities undertaken by the Division of Public Works.
F.
The provisions relating to the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones shall only apply to lots recorded or registered after the date of the enactment of this amendment (October 24, 1994).
Table 1. Lots Created After October 24, 1994 | |||
|---|---|---|---|
Conservation | Non-Disturbance | Non-Discharge | |
From annual high water mark of Lake Cochichewick | 150 feet | 250 feet | 400 feet |
From edge of all wetland resource areas within the Watershed District | 75 feet | 150 feet | 400 feet |
Table 2. Lots Created on or Prior to October 24, 1994 | ||
|---|---|---|
Non-Disturbance | Non-Discharge | |
From annual high water mark of Lake Cochichewick | 250 feet | 325 feet |
From edge of all wetland resource areas within the Watershed District | 100 feet | 325 feet |
Diagram 1  |
Diagram 2  |
§ 195-4.19 Uses and building requirements.
[Amended 6-17-2021 ATM by Art. 30]
A.
General Zone. There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[1]) located within the watershed for all lots created on or prior to October 24, 1994, and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for lots created after October 24, 1994.
(1)
Allowed uses. The following uses shall be allowed in the General Zone of the Watershed Protection District as itemized below:
(a)
All permitted uses allowed in § 195-4.2, setting forth permitted uses in Residence 1, 2, and 3 Districts, of the Zoning Bylaw.
(b)
All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover.
(c)
The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing Roadways and drainage systems.
(d)
Maintenance of fire access lanes by the Fire Department.
(e)
All agricultural uses, providing that such uses exercise best management practices and are undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands.
(2)
(3)
Prohibited uses. The following uses are specifically prohibited within the General Zone of the Watershed Protection District:
(b)
Municipal sewage treatment facility, not including sewer lines, pump stations and other accessory sewer system equipment used to transport sewage to a treatment facility located outside of the district.
(c)
Privately owned wastewater treatment plants.
(d)
Road salt or other deicing stockpiles.
(e)
Underground tanks or collection pits for storage of fuel or hazardous materials, including any tanks or collection pits partially below mean ground elevation, but excluding any tanks located completely within a building otherwise permitted under this section.
(f)
Dumping of snow from outside the district.
(g)
Motor vehicle salvage operations and junkyards.
(h)
Car washes.
(i)
Self-service laundries, unless connected to public sewer.
(j)
Airplane, boat, or motor vehicle service and repair establishments (including auto body shops).
(k)
Metal plating, finishing or polishing.
(l)
Chemical and bacteriological laboratories.
(m)
Electronic circuit assembly.
(n)
Hotels or motels, unless connected to public sewer.
(o)
Painting, wood preserving and furniture stripping establishments.
(p)
Photographic processing establishments.
(q)
Printing establishments.
(r)
Dry-cleaning establishments.
(s)
Storage of herbicides, pesticides or fertilizers, other than in amounts normally associated with household or existing agricultural use.
(t)
Commercial cabinet or furniture making.
(u)
Commercial storage or sale of petroleum or other refined petroleum.
(v)
Commercial manufacture, storage, use, transportation or disposal of any substance of such physical, chemical or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health if such substance or mixture were discharged onto land or waters of this Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids, and alkalis, and all substances defined as toxic or hazardous under MGL Chapter 21C and Chapter 21E and the regulations promulgated there under, and also including pesticides, herbicides, solvents and thinners.
(w)
Restaurants unless connected to public sewer.
(x)
Commercial kitchens unless connected to public sewer.
(4)
Building requirements. All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to maintain the filtration and purification functions of the land.
B.
Non-Discharge Buffer Zone. There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District, which shall consist of all land areas located between 250 feet and 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 100 feet and 325 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[2]) located within the watershed for lots created on or prior to October 24, 1994, and for all land located between 250 feet and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 150 feet and 400 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.
(1)
Allowed uses. All of the Allowed Uses listed in § 195-4.19A(1) of this Watershed Protection District Bylaw are allowed in the Non-Discharge Buffer Zone except as noted below.
(2)
Uses allowed by special permit. The following activities may be allowed within the Non-Discharge Buffer Zone only by the granting of a special permit issued pursuant of § 195-4.20 of this Watershed Protection District Bylaw:
(a)
Any surface or subsurface discharge, including, but not limited to, stormwater runoff; drainage or any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. All stormwater management systems shall employ best management practices.
(3)
Prohibited uses. The following uses are specifically prohibited within the Non-Discharge Buffer Zone:
(a)
All of the prohibited use listed in § 195-4.19A(3) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone.
(b)
The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply.
(c)
The use of lawn care or garden products that are not organic or slow-release nitrogen.
(4)
Building requirements. All construction in the Watershed Protection District shall comply with the best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to maintain the filtration and purification functions of the land.
C.
Non-Disturbance Buffer Zone. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District, which shall consist of all land areas located within 250 feet horizontally from the annual mean high water mark of Lake Cochichewick, and within 100 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[3]) located within the watershed for all lots created on or prior to October 24, 1994, and for all land located between 150 feet and 250 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 75 feet and 150 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.
(1)
Allowed uses. All of the allowed uses listed in § 195-4.19A(1) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted.
(2)
Uses allowed by special permit. The following uses shall be allowed within the Non-Disturbance Buffer Zone only by special permit issued pursuant to§ 195-4.20 of this Watershed Protection District Bylaw:
(a)
Any activities which cause a change in topography or grade.
(b)
Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area.
(c)
Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals.
(d)
Replacement of any permanent structure.
(e)
Any surface or subsurface discharge, including, but not limited to, stormwater runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds.
(f)
Construction of any accessory structure or expansion of any existing structure by less than 25% of the gross floor area if the existing structure exceeds 2,500 square feet.
(g)
Construction of any accessory structure or expansion of any existing structure by less than 50% of the gross floor area if the existing primary structure is less than 2,500 square feet and the primary structure will be connected to municipal sewer upon completion of the project.
(3)
Prohibited uses. The following uses are specifically prohibited within the Non-Disturbance Buffer Zone:
(a)
All of the prohibited uses listed in § 195-4.19B(3) of this Watershed Protection District Bylaw are prohibited in the Non-Disturbance Zone.
(b)
Construction of any septic system.
(c)
Construction of any new permanent structure, or expansion of an existing structure except as allowed by special permit per § 195-4.19C(2).
(d)
The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply.
(e)
The use of lawn care or garden products that are not organic or slow-release nitrogen.
(4)
Building requirements. All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to maintain the filtration and purification functions of the land.
D.
Conservation Zone. There shall exist a Conservation Zone within the Watershed Protection District, which shall consist of all land areas located within 150 feet horizontally from the annual mean high water mark of Lake Cochichewick, and within 75 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[4]) located within the watershed for all lots created after October 24, 1994.
(1)
Allowed uses. The following uses shall be allowed in the Conservation Zone of the Watershed Protection District except as noted below:
(a)
All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover.
(b)
The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvement of existing roadways and drainage systems.
(c)
Maintenance of fire access lanes by the Fire Department.
(2)
Uses allowed by special permit. No special permits will be granted in the Conservation Zone.
(3)
Prohibited uses.
(a)
The following uses are specifically prohibited within the Conservation Zone:
[1]
All of the prohibited uses listed in § 195-4.19C(3) of this Watershed Protection District Bylaw are prohibited in the Conservation Zone.
[2]
Any activities which cause a change in topography or grade.
[3]
Vegetation removal or cutting, other than in connection with existing agricultural uses or maintenance of an existing landscape area.
[4]
Construction or placement of any new permanent structures.
[5]
Any surface or subsurface drainage, including, but not limited to, stormwater runoff.
[6]
Animal feedlots or the storage of manure.
[7]
Construction of any septic system.
[8]
Construction of any accessory structure or expansion of any existing structure by 25% or more of the gross floor area of the existing structure.
[9]
The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply.
[10]
The use of lawn care or garden products that are not organic or slow-release nitrogen.
(b)
The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in conjunction with the construction of the municipal sewer system.
§ 195-4.20 Special permit requirements.
A.
Three hard copies and one electronic copy of an application for a special permit under this Part 5 shall be filed with the SPGA. Special permits shall be granted if the SPGA determines that the intent of the bylaw, as well as its specific criteria, is met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed.
[Amended 6-17-2021 ATM by Art. 30]
B.
Upon receipt of a special permit application, the SPGA shall transmit one copy of each to the Division of Public Works, Fire Chief, Title III Committee, Division of Planning and Community Development, Conservation Commission, the Board of Health, and the Watershed Council for their written recommendations. Failure to respond in writing within 30 days shall indicate approval or no desire to comment by said agency.
C.
An application for a special permit under this section shall include the following information:
(1)
Application form for a special permit from the Planning Board.
(2)
Map at a scale of one inch equals 40 feet prepared by a registered professional engineer or surveyor showing:
(a)
The annual mean high water mark of Lake Cochichewick (if the annual mean high water mark is within 400 feet of any proposed activity);
(b)
The edge of all wetland resource areas, as confirmed by the Conservation Commission (if the edge of the wetland resource area is within 400 feet of any proposed activity);
(c)
The Conservation Zone;
(d)
The Non-Disturbance Zone;
(e)
The Non-Discharge Zone;
(f)
The edge of vegetation clearing (edge of work).
(3)
Written certification by a registered professional engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick.
(4)
Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zone, whichever is applicable, for any discharge, structure, or activity, associated with the proposed use to occur.
(5)
Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial wastewater treatment or disposal system or any wastewater treatment system of 15,000 gallons per day capacity.
(6)
Evidence that all on-site operations, including, but not limited to, construction, wastewater disposal, fertilizer applications and septic systems, will not create concentrations of nitrogen in groundwater, greater than the federal limit at the downgradient property boundary.
(7)
Projections of downgradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA.
D.
The SPGA may also require that supporting materials be prepared by other professionals, including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian, biologist, geologist or hydrologist, when, in its judgment, the complexity of the proposed work warrants the relevant specified expertise.
E.
Special permits under this section shall be granted only if the SPGA determines, after the time of comment by other Town agencies as specified above has elapsed, that, as a result of the proposed use in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick.
F.
Any special permit issued under this section for a new permanent structure (other than an accessory structure or expansion that is less than 25% of the gross floor area of a structure) or a septic system shall require that such structure or system be constructed outside the Non-Disturbance Buffer Zone.
G.
Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff from impervious surfaces shall, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Where on-site recharge is not feasible due to soil or other natural conditions, other mitigating measures such as sedimentation ponds, filter berms, or restoring wetlands shall be used only where other methods are not feasible and after approval by the Board of Health, Building Inspector and the Division of Public Works to assure that the methods used for on-site infiltration and/or other measures shall remain effective.
H.
Provisions shall be made to protect against toxic or hazardous material discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolved materials. For operations which allow the evaporation of toxic materials into the interior of any structure, a closed vapor system shall be provided for each structure to prevent discharge or contaminated condensate into the groundwater.
§ 195-4.21 Emergency permits.
A.
The Planning Board may issue an emergency special permit, subject to the subsequent consideration and determination by the Planning Board and upon the following findings:
B.
A request for an emergency special permit shall be made in writing to the Planning Board and shall include the following:
(1)
A statement as to why the emergency work is necessary to protect the quality and/or quantity of water in and/or entering Lake Cochichewick; and
(2)
A statement as to why the emergency work must be undertaken before the completion of the regular special permit application process; and
(3)
A statement describing in detail the proposed work to remedy the emergency situation.
C.
All information required by § 195-4.20, Special permit requirements, must also be submitted with the application; provided, however, that if all the required information or documents are not available due to the emergency nature of the situation, the applicant may request a waiver or delay regarding the submittal of the unavailable information or documents.
§ 195-4.22 Notice of violations; corrective actions.
Written notice of any violation of this bylaw shall be provided by the SPGA agent to the owner of the premises, specifying the nature of the violation. The agent of the SPGA shall request of the violator a schedule of compliance, including cleanup of spilled materials. Such schedule shall allow for the immediate corrective action to take place. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than 30 days be allowed for either compliance or finalization of a plan for a longer term of compliance. Said schedule of compliance shall be submitted to the SPGA for approval subsequent to the violation. Said agent of the SPGA shall notify the Building Inspector of any violations of the schedule of compliance or of any failure to satisfy the requirements of this section.
§ 195-4.23 Severability.
If any portion, sentence, clause or phase of this regulation shall be held invalid for any reason, the remainder of this bylaw shall continue in full force.
§ 195-4.24 Waiver of special permit.
A.
When any construction proposed on an existing structure within the Watershed Protection District will not expand the existing footprint of a structure, and will not disturb existing topography, and is a proposal on Town sewer, the Planning Board may determine, without a public hearing, that submission of a Watershed Protection District special permit is not required. However, in order to obtain such a waiver, an applicant must schedule and agree in writing for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction; the applicant must also agree in writing that the Town Planner can stop construction if the proper erosion control is not in place. For all proposals on septic, this section will not apply, and all applicants should refer to § 195-4.19A, B, C and D of this bylaw.
B.
The applicant must request a waiver from obtaining a Watershed Protection District special permit in writing and may be required to submit supporting documentation, including, but not limited to, proposed plans and correspondence depicting the proposal. The waiver request will be discussed at a regular meeting of the Planning Board.
§ 195-4.25 Purpose.
The purpose of the Floodplain District is to:
A.
Ensure public safety through reducing the threats to life and personal injury.
B.
Eliminate new hazards to emergency response officials.
C.
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
D.
Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.
E.
Eliminate costs associated with the response and cleanup of flooding conditions.
F.
Reduce damage to public and private property resulting from flooding waters.
§ 195-4.26 Boundaries, use of FEMA maps and supporting studies.
[Amended 5-13-2025 ATM by Art. 25]
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within North Andover designated as Zones A and AE on the Essex County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.
§ 195-4.27 Designation of community floodplain administrator.
The Town of North Andover hereby designates the position of Building Inspector to be the official floodplain administrator for the Town of North Andover.
§ 195-4.28 Permits required for all proposed development in the Floodplain District.
The Town of North Andover requires a permit for all proposed construction or other development in the Floodplain District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
§ 195-4.29 Other necessary permits obtained.
The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.
§ 195-4.30 Floodway encroachment.
[Amended 5-13-2025 ATM by Art. 25]
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
§ 195-4.31 Unnumbered A Zones.
In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
§ 195-4.32 Recreational vehicles.
[Amended 5-13-2025 ATM by Art. 25[1]]
In A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
[1]
Editor's Note: This article also repealed former § 4.32, AO and AH Zones drainage requirements, and redesignated former §§ 195-4.32.1 through 195-4.32.12 as § 195-4.32 and §§ 195-4.32.1 through 195-4.32.11, respectively.
§ 195-4.32.1 Watercourse alterations or relocations in riverine areas.
[Amended 5-13-2025 ATM by Art. 25]
In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:
§ 195-4.32.2 Requirement to submit new technical data.
[Amended 5-13-2025 ATM by Art. 25]
If the town/city acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the town/city will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
§ 195-4.32.3 Variances to building code floodplain standards.
A.
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
B.
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
§ 195-4.32.4 Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP).
A variance from these Floodplain Bylaws must meet the requirements set out by state law, and may only be granted if: 1) good and sufficient cause and exceptional nonfinancial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
§ 195-4.32.5 Abrogation and greater restriction; compliance with regulations.
A.
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the following:
B.
Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
C.
The floodplain management regulations found in this Floodplain District part shall take precedence over any less restrictive local laws, bylaws or codes.
§ 195-4.32.6 Use and development regulations.
[Amended 5-13-2025 ATM by Art. 25]
A.
Within Zones A and AE, along watercourses that have a regulatory floodway within the Town of North Andover, on the Essex County FIRMs dated July 8, 2025, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B.
Subdivision proposals.
(1)
All subdivision proposals filed in accordance with MGL c. 41, §§ 81S and 81T (or any revisions to the Subdivision Control Law referencing the submission of preliminary or definitive subdivision plans), respectively, and development proposals, shall be designed so that:
(a)
Such proposals minimize flood damage;
(b)
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
(d)
When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
(2)
Existing contour intervals of site and elevations of existing structures must be included on the plan proposal.
(3)
The applicant shall circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.
§ 195-4.32.7 Permitted uses.
[Amended 5-13-2025 ATM by Art. 25]
The following uses of low flood damage potential and causing no obstruction to flood flows are allowed, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:
A.
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
B.
Forestry and nursery uses.
C.
Outdoor recreational uses, including fishing, boating, play areas, etc.
D.
Conservation of water, plants, wildlife.
E.
Wildlife management areas, foot, bicycle, and/or horse paths.
F.
Temporary (installed for 180 days or less) nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
§ 195-4.32.8 Disclaimer of liability.
The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
§ 195-4.32.9 Severability.
If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.
§ 195-4.32.10 Local enforcement.
The provisions 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.
§ 195-4.32.11 Definitions.
[Amended 5-13-2025 ATM by Art. 25]
See "base flood."
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V. North Andover only has A and AE Zones.
The flood having 1% chance of being equaled or exceeded in any given year.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (44 CFR Part 59)
The Floodplain District.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) and which is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
The agency that administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.
An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
The channel of a river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the designated height. (Base Code, Chapter 2, Section 202)
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (44 CFR Part 59; also referenced, Standard ASCE 24-14).
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (44 CFR Part 59).
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulation 60.3.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of the first floodplain management code, bylaw, regulation or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement (Referenced Standard ASCE 24-14) For the purpose of determining insurance rates, "new construction" means structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (44 CFR Part 59).
See "floodway."
The land areas subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30 (Base Code, Chapter 2, Section 202). North Andover only has A and AE Zones.
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202] |
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (44 CFR Part 59) "Structure," for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed.
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Inspector shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
A grant of relief by a community from the terms of a floodplain management regulation. (44 CFR Part 59)
The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. (44 CFR Part 59).
The 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.
The 100-year floodplain where the base flood elevation has been determined.
Areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined.
Areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.[1]
[1]
Editor's Note: Original § 4.2, Phased Development, which immediately followed this section, expired 7-1-2009 and is therefore no longer included in the Zoning Bylaw.
§ 195-4.33 Applicability.
The residential adaptive reuse special permit is hereby established as a special permit in the R-1, R-2, R-3 and R-4 Residential Districts on lots that are directly contiguous to lots in nonresidentially zoned districts established by this bylaw.
§ 195-4.34 Purpose.
The purpose of this special permit is to encourage the creative reuse and conversion of existing residential structures adjacent to commercial and industrial parcels to a commercial use or mixed use in order to preserve historical structures, provide for additional tax revenue for the Town, provide flexibility to landowners, and to create a transition between residential and business areas.
§ 195-4.35 Eligibility.
A lot is eligible to receive a residential adaptive reuse special permit based on the provisions of § 195-4.36 of this bylaw only if, at the time of application (and based on the Zoning Map in effect at that time), the subject lot is:
§ 195-4.36 Special permit uses.
Permitted uses by special permit include:
A.
Existing residential uses;
B.
Multifamily dwellings;
C.
Uses which involve historic materials or relate to the attraction provided by an historic atmosphere, such as museums, local arts and crafts shops, antique shops, woodworking, furniture repair, or restaurants;
D.
Enterprises whose principal use is the sale of agricultural products, such as greenhouses, orchards, nurseries, food co-ops, or farm products stores.
E.
Enterprises whose principal use is the sale of products produced in North Andover, such as local agricultural products or crafts;
F.
Personal service offices;
G.
Professional offices;
H.
Business offices;
I.
Medical offices;
J.
Community resources such as banks, churches, schools, or libraries;
K.
Interior storage uses such as for boats or furniture; and
L.
Any appropriate combination of the uses stated above as determined by the ZBA.
§ 195-4.37 Performance standards, restrictions and additional requirements.
A.
Permitted uses shall be limited to the existing structures on the lot. However, in addition to ZBA special permit approval for the proposed use, an applicant may apply to the ZBA for a special permit to expand the size of the existing structures by up to 25% of the footprint of the structure as it existed on the date of enactment of the residential adaptive reuse special permit.
B.
The use permitted by this special permit shall not be considered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way objectionable to or detrimental to any residential use within the neighborhood.
C.
There will be no display of goods or wares visible from the street, with the exception of locally produced agricultural goods.
D.
There shall be no exterior alterations that are not customary or harmonious with the residential character of the building.
E.
Any additions to the structure above must comply with the setbacks and dimensional requirements of the corresponding residential district, and nonconforming uses must comply with the requirements outline in Article 9 of this bylaw.
F.
No more than 25% of the existing structure may be demolished.
G.
A minimum of 30% of the remaining lot area must remain permeable material such as, but not limited to, vegetation, mulch, and trees, unless specifically waived by the Planning Board during site plan review.
H.
Any new parking must meet the current parking requirements as designated in Article 8, Part 1, Off-Street Parking and Loading, shall be located to the rear or side of the building, and shall be screened from the road and abutting properties to be compatible with the character of the neighborhood. Screening shall consist of one or more of the following: fencing, vegetation, flora, deciduous shrubs and/or trees.
I.
The ZBA and Planning Board may grant special permits for prospective uses and site plans in order that owners may renovate for approval for specific businesses or tenants. Evidence shall be provided that the project is in accordance with the current North Andover Master Plan and, if applicable, with the guidelines set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983) (36 CFR 67) in terms of the rehabilitation of the building and its site.
§ 195-4.38 Application and approval procedure.
A.
In order to obtain a residential adaptive reuse special permit, an applicant must receive a special permit from the North Andover ZBA approving the intended use and any proposed expansion in accordance with § 195-9.3A(5) of this bylaw.