For the purpose of this bylaw, certain words or phrases herein
shall be interpreted as follows, except where the context clearly
indicates the contrary: words used in the singular include the plural,
words used in the present tense include the future tense; the word
"person" includes a corporation as well as an individual; the word
"lot" includes the word "plot" or "parcel"; the word "shall" is always
mandatory; and the word "used" or "occupied" as applied to any land
or buildings shall be construed to include the words "intended, arranged
or designed to be used or occupied."
For the purpose of this bylaw, the following words and terms
used herein shall have the meanings or limitations of meaning hereby
defined, explained or assigned.
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, and other materials which
are distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features persons or entertainers
who appear in a state of nudity, or live performances which are distinguished
or characterized by nudity, sexual conduct or sexual excitement as
defined in MGL c. 272, § 31.
An enclosed building or any portion thereof used for presenting
material (motion-picture films, videocassettes, cable television,
slides or any other visual media) distinguished by an emphasis on
material depicting, describing or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
Adult bookstores, adult cabarets, adult motion-picture theaters,
adult paraphernalia stores and adult video stores as defined in this
bylaw.
An establishment having as a substantial or significant portion
of its stock-in-trade for sale or rent motion-picture films, videocassettes
and similar audio/visual media which are distinguished or characterized
by their emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
A building or part of a building in which repairs are made
to motor vehicles.
A building or place of business where gasoline, oil, and
greases, batteries, tires, and automobile accessories are supplied
and dispensed directly to the motor vehicle trade, at retail, and
where minor repair service is rendered.
The Board of Appeals of the Town of North Andover as governed
by the General Laws of Massachusetts.
A building, or part thereof, used for structural repairs
and refinishing of motor vehicles for remuneration.
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or property.
The horizontal area measured within the outside of the exterior
walls of the ground floor for all principal and accessory buildings
on a lot.
The vertical distance as measured from the average finished
grade level adjoining the building at all exterior walls to the highest
roof surface, but shall not include chimneys, spires or mechanical
equipment or penthouses used for enclosure of mechanical equipment.
A building in which is conducted main or principal use of
the lot on which said building is situated.
An area of land and/or a structure with machine- or hand-operated
facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
A noninstitutional residential shared living environment,
which integrates shelter and services needed by the functionally impaired
or socially isolated elder (age 55 or older) who does not require
the constant supervision or intensive health care services provided
in an institution. The shared living environment must include at least
two of the following:
Any portion of the territory of the Town of North Andover
within which certain uniform regulations and requirements or various
combinations thereof shall be applied under the provisions of this
bylaw.
A facility that provides for the convenience of drive-through
windows which allow for transactions of goods and/or services to be
carried out without the customer having to leave his/her motor vehicle.
The proportion of drive-through business to the total business volume
of the applicable business establishment is not relevant to the determination
of whether that business establishment contains a drive-through facility.
A way located on a lot, which provides vehicular access to
the buildings on the lot. Each driveway shall service no more than
one lot. Subject to the granting of a special permit from the Planning
Board, a driveway may be shared by not more than two lots. Each such
shared driveway must be regulated by a recorded maintenance agreement
running in perpetuity with the land.
Any building or portion thereof designed or used as the residence
or sleeping place of one or more persons, except a mobile home and
as otherwise provided herein.
One or more rooms, including cooking facilities and sanitary
facilities in a dwelling structure, designed as a unit for occupancy
by not more than one family for living and sleeping purposes.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein (same as "apartment").
A dwelling built single and apart from any other building
and intended and designed to be occupied and used exclusively for
residential purposes by one family.
A freestanding building intended and designed to be occupied
and used exclusively for residential purposes by each of not more
than two families (same as "duplex"). The principal building in a
two-family dwelling conversion 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
which is entirely or partially a garage shall be considered as meeting
the 75% requirement.
Includes the words "built," "constructed," "reconstructed,"
"altered," "enlarged" and "moved."
One or more persons occupying the same premises and living
as a single housekeeping unit as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
A separate dwelling unit located within a single-family dwelling
subordinate in size to the principal unit and separated from it in
a manner which maintains the appearance of the building as a single-family
dwelling. The size of the family suite is not to exceed 1,200 square
feet or not more than 25% of the gross floor area of the principal
unit, whichever is less. The family suite may only be occupied by
brothers, sisters, maternal parents and grandparents, in-laws and/or
children of the residing owners of the principal dwelling unit. In
no case shall an apartment be smaller than the minimum required by
health and building codes.
The ratio of the floor area to the lot area, as determined
by dividing the gross floor area by the lot area.
The floor area within the perimeter of the outside walls
of the building without deduction for hallways, stairs, closets, thickness
of walls, columns or other features.
The actual occupied area(s), not to include hallways, stairs,
closets, thickness of walls, columns or other features, which are
not occupied areas.
The continuous distance between lot side lines measured along
the street line.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation. The term "guesthouse"
shall be deemed to include a tourist home, but not an hotel, motel
or multifamily dwelling.
Any chemical or mixture 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 to land or waters of the Town, including
but not limited to organic chemicals, petroleum products, heavy metals,
radioactive or infectious wastes, acids, and alkalis, and all substances
defined as toxic or hazardous under MGL Chapters 21C and 21E, and
those chemicals on the list in Committee Print Number 99-169 of the
Senate Committee on Environment and Public Works, titled "Toxic Chemicals
Subject to Section 313 of the Emergency Planning Community Right-to-Know
Act of 1986" [including any revised version of the list as may be
made pursuant to Subsection (d) or (e)].
An accessory use conducted within a dwelling by a resident
who resides in the dwelling as his principal address, which is clearly
secondary to the use of the building for living purposes. Home occupations
shall include, but not be limited to, the following uses: personal
services such as those furnished by an artist or instructor but not
occupations involved with motor vehicle repairs, beauty parlors, animal
kennels, or the conduct of retail business, or the manufacturing of
goods, which impact the residential nature of the neighborhood.
A building intended and designed primarily for transient
or overnight occupancy and divided into separate units within the
same building or buildings.
A multifamily residential structure, each with separate access
and restricted to individuals or couples at least 55 years of age
or older. This definition shall not be construed to prevent mentally
or physically impaired people from living with an occupant or occupants
of an independent elderly housing unit.
An opening in a building not less than 10 feet in width and
nine feet in height, including a platform for loading and unloading
goods, merchandise or other materials.
An area of land in single or consolidated ownership which
contains definite boundaries and is ascertainable by a recorded deed
in the Essex County Registry of Deeds office.
The line separating the lot from a street.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line.
Any lot line separating the lot from a street or alley (usually
the front lot line).
The property lines bounding the lot.
A lot abutting upon two or more streets at their intersection.
(Lake Cochichewick) An elevation of 113.67 on the United
States Coast and Geodetic Survey datum.
A building or group of buildings designed for the individual
or group practice of medicine or dentistry, but not including hospitals
or nursing homes.
An area which is left in its natural condition, which shall
not be disturbed by any means, which includes but is not limited to
the cutting of trees or understory.
A building, structure or use legally existing and/or used
at the time of adoption of this bylaw, or any amendment thereto, and
which does not conform with the use regulations of the district in
which located.
A primary use consisting of office activities of any type,
including business and financial office activities (including banks
and financial institutions) and professional office activities.
A primary use consisting of office activities by a doctor,
dentist, architect, lawyer, engineer or other professional person
or persons.
An open area for the same uses as a private parking garage.
A structure used for parking of automobiles and available
to employees, clients or customers, whether for a fee or free.
Any parking garage, other than a private parking garage,
which is open to the public and used for the storage of motor vehicles.
An establishment providing personal services to the public
such as shoe repair, barbering, dry cleaning, etc.
A church, temple, synagogue, mosque, or other similar place
of worship, including a parish house, rectory, or convent.
PLANNED DEVELOPMENT DISTRICTDevelopment of an area of land as a single entity, which lies in an Industrial S (I-S) District, in which a mixture of residential, open space, commercial, and/or industrial uses, and a variety of building types and designs are determined to be sufficiently advantageous to render it appropriate to grant a special permit to depart from the normal requirements of the district in which the PDD is to be located, to the extent authorized by this Zoning Bylaw.
USABLE OPEN SPACEThe part or parts of land or structure within the PDD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such a cafes and shall be open and unobstructed to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-aired recreational facilities, laundry apparatus and similar objects shall not be considered obstructions.
The Planning Board of the Town of North Andover as governed
by the General Laws of Massachusetts
The structure on a lot of record which contains the primary
use of the lot. A principal use shall not be contained within an accessory
structure as defined in this bylaw.
A building or use owned or operated by a local, county, state
or federal government agency.
A parking area owned and maintained by the Town of North
Andover.
Any building or portion thereof containing more than two
rooms and fewer than 10 rooms without kitchen facilities that are
used, rented or hired out to be occupied for sleeping purposes for
compensation, whether the compensation is paid directly or indirectly.
[Added 5-15-2018 ATM by Art. 29]
PHOTOVOLTAIC SYSTEM (ALSO REFERRED TO AS "PHOTOVOLTAIC INSTALLATION")An active solar energy system that converts solar energy directly into electricity.
SOLAR COLLECTORA device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
SOLAR ENERGYRadiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEMA device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating. The definitional scale of a solar energy system shall be determined by the cumulative surface area of all proposed systems.
SOLAR ENERGY SYSTEM, ACTIVEA solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, GRID-INTERTIEA photovoltaic system that is connected to an electric circuit served by an electric utility.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDAn active solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-, or large-scale).
SOLAR ENERGY SYSTEM, LARGE-SCALEAn active solar energy system that occupies 25,000 square feet or more of surface area.
SOLAR ENERGY SYSTEM, MEDIUM-SCALEAn active solar energy system that occupies more than 1,000 square feet but less than 25,000 square feet of surface area.
SOLAR ENERGY SYSTEM, OFF-GRIDA photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDAn active solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-, or large-scale).
SOLAR ENERGY SYSTEM, SMALL-SCALEAn active solar energy system that occupies 1,000 square feet of surface area or less.
SOLAR ENERGY SYSTEM, SURFACE AREAThe cumulative horizontal plane or ground footprint covered by the surface of the solar collector(s).
SOLAR THERMAL SYSTEMAn active solar energy system that uses collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.
A permit granted under the guidelines of § 9 of
Chapter 40-A of the General Laws.
The Planning Board shall be the granting authority of all special permits to cluster development, planned development district, driveways, nursing and convalescent homes, Watershed Protection District, wireless service facilities and large estate condominium conversions. The Board of Selectmen shall be the granting authority of all special permits pertaining to nonaccessory signs as specified in § 195-6.6C of this bylaw. The Board of Appeals shall be the granting authority of all other special permits allowed in this Zoning Bylaw.
A use of a building or lot or an action upon premises which
may be permitted under this bylaw only upon application to the appropriate
special permit granting authority for a special permit and subject
to the approval of such permit granting authority and the conditions
stipulated.
A public way or a private way open to travel by the general
public, or a way shown on a plan of a subdivision theretofore duly
approved by the Planning Board.
A combination of materials assembled at a location to give
support or shelter that is safe and stable, which includes, but is
not limited to, the following: buildings, stadiums, tents, reviewing
stands, platforms, staging, observation towers, radio towers, water
tanks, towers, private and public swimming pools, trestles, piers
and wharves, bridges, sheds, shelters, fences and walls, display signs,
and storage trailers or units, whether intended for permanent or temporary
purposes, used for storage of goods and products associated with the
operations of any business on the subject parcel(s), and remain in
any relatively fixed location. The term "structure' shall be construed
as if followed by the words "or part thereof," but shall not include
underground utilities, driveways, parking lots, agricultural storage
trailers and vehicles, and the like. Where the North Andover General
and Zoning Bylaws are silent, then the current edition of the Massachusetts
Building Code shall be assumed to apply.
Structures that are permitted within a zoning district without
any foundation or footing and that are removed or dismantled when
the designated time period, activity, or use for which the structure
was approved and erected has ceased. Said structure shall be permitted
for duration of time not to exceed 60 days unless otherwise specifically
approved by the Building Inspector. For purposes of this definition,
motor and recreational vehicles shall not be considered under this
definition.
An attached house in a row of three or more such houses capable
of being sold as an independent dwelling with its own lot, as provided
by this bylaw.
Any portion of any brook, stream, bog, swamp, or pond, which
flows into Lake Cochichewick.
An open space which lies between the principal building or
group of buildings and a lot line.
An open space extending across the entire width of a lot
between any building thereon and the street lot line of the lot on
which such building stands.
An open space extending across the entire width of a lot
between the rear of any building thereon and the rear lot line of
the lot on which such building stands.
An open space between the side line of a lot and the adjacent
side of any building thereon, such open space being understood to
cover the entire extent between the front yard and the rear yard of
such a lot.
[1]
Editor's Note: The former definition of "day-care center,"
which immediately followed this definition, was repealed 5-16-2023 ATM by Art. 35.
