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.
[Amended 5-16-2023 ATM by Art. 36]
T.
Independent elderly housing by special permit in the Residence 3
District only.
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.
[Amended 5-16-2023 ATM by Art. 36]
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.
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]
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]
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.
