Minimum lot areas for such uses in each district shall be as
set forth in Table 2, Summary of Dimensional Requirements, which is
hereby made part of this bylaw.[1]
A.
Contiguous buildable area (CBA). As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least 75% of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, MGL c. 131, § 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 190 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area.
B.
Lot width. For any lot created after May 1, 1995, the minimum width
of the lot shall be a distance of 100 feet between the street frontage
and the front building line The width shall be measured in a line
parallel to the street. This requirement shall apply in all zones
except Residence 4 (R-4) and Village Residential (VR); for Zone R-4,
said minimum width of the lot shall be a distance of 80 feet; and
for Zone VR, said minimum width of the lot shall be a distance of
80 feet.
C.
Restrictions.
(1)
When a fifty-foot straight line is drawn to divide a lot in
two, and the perimeter of the smaller piece is greater than 200 feet,
then such smaller piece shall not be included in the calculations
when determining: lot area contiguous buildable area (CBA), or street
frontage as required by the Summary of Dimensional Requirements (Table
2) of this bylaw. This restriction applies only to lots created after
May 1, 1995.
(2)
Any lot created after May 1, 1995, shall have a lot depth of
30 feet or more for at least 80% of the minimum length of its frontage
as required by the Summary of Dimensional Requirements (Table 2) of
this bylaw. The lot depth shall be measured as a line drawn perpendicular
to the street.
(3)
No lot, upon which is then located any buildings or with respect
to which a permit has been issued and is then outstanding for the
erection of any building, shall be subdivided or reduced in area in
any manner unless said lot shall thereafter fulfill the lot area,
street frontage and yard space requirements of this bylaw, except
as may be permitted otherwise by the provisions of a variance granted
by the Board of Appeals. If land be subdivided, conveyed, devised
or otherwise transferred in violation hereof, no building permit or
other permit shall be issued with reference to any of the land so
transferred or to the lot(s) retained until all of such land and lots
meet the requirements of this Zoning Bylaw. Any land taken by eminent
domain or conveyed for a public purpose for which the land could have
been taken shall not be deemed to be transferred in violation of the
provisions hereof.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
A.
Minimum
street frontage shall be as set forth in Summary of Dimensional Requirements
(Table 2),[1] and the lot line meeting these requirements shall constitute the "street frontage" for the lot. In no case shall actual street frontage at the street line be less than 75 feet; except as allowed by Subsection B. Corner lots shall be required to have the required frontage only on one street. In determining the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than 75 feet in length connecting other lines bounding such lot, which, if extended, would intersect, the area and frontage required in such lot shall be computed as if such potentially intersecting lines were so extended; but if a curved line more than 75 feet in length is the whole of any one boundary line of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.
Access across street frontage. Access to each lot, except for corner lots, must be provided across the street frontage. If access to a lot is not across the street frontage as of the date of the adoption of this Subsection B, the lot will not be considered nonconforming as to use or as to an existing structure on that lot. Exceptions to this requirement may be granted by the issuance of a special permit from the Planning Board. A street frontage access special permit may be granted for a lot in any residential district, provided that:
(1)
The specific site is an appropriate location for access to the
lot given the current and projected traffic on the roadway, and the
site distance to adjacent driveways and roadways; and/or
(2)
Special environmental conditions exist, such as wetlands and/or
steep slopes, such that access across the street frontage would require
wetland filling or extreme cutting and/or filling of slopes or would
be otherwise detrimental to the environment;
(3)
The access will not adversely affect the neighborhood;
(4)
There will be no nuisance or serious hazard to vehicles or pedestrians;
(5)
The access is in harmony with the general purpose and intent
of this bylaw.
C.
Frontage exception. Exceptions for meeting the frontage and lot width requirements required by Subsections A and B may be granted upon the approval of a special permit. The permit granting authority shall be the Planning Board. A street frontage and lot width exception special permit may be granted for a lot in any Residential District, provided that:
(1)
The area of the lot exceeds by three times the minimum lot area
required for that district;
(2)
The lot has a minimum continuous street frontage of not less
than 50 feet and a width of not less than 50 feet at any point between
the street and the site of the dwelling;
(3)
There is not more than one other such lot with frontage contiguous
to it; and
(4)
It is so located as not to block the possible future extension
of a dead-end street;
(5)
The creation of the frontage exception lot will not adversely
affect the neighborhood;
(6)
The creation of the frontage exception lot is in harmony with
the general purpose and intent of this bylaw;
Minimum front, side and rear setbacks shall be as set forth
in Table 2,[1] except for eaves and uncovered steps, and projections,
as noted in Subsections A, B and C. Buildings on corner lots shall
have the required front setback from both streets, except in Residence
4 (R-4) District, where the setback from the side street shall be
20 feet minimum.
A.
Projections into front yards. Uncovered porches, balconies, open
fire escapes, chimneys and flues all may project into a required front
yard not more than 1/3 of its width and not more than four feet in
any case. Belt courses, fins, columns, leaders, sills, pilasters,
lintels and ornamental features may project not more than one foot,
and cornices and gutters not more than two feet, over a required front
yard.
B.
Projections into side yards. Uncovered porches, balconies, open fire
escapes, chimneys and flues all may project into a required side yard
not more than 1/3 of its width and not more than four feet in any
case. Belt courses, fins, columns, leaders, sills, pilasters, lintels
and ornamental features may project not more than one foot, and cornices
and gutters not more than two feet, over a required side yard.
C.
Projections into rear yards. Uncovered porches, balconies, open fire
escapes, chimneys and flues all may project into a required rear yard
not more than 1/3 of its width and not more than four feet in any
case. Belt courses, fins, columns, leaders, sills, pilasters, lintels
and ornamental features may project not more than one foot, and cornices
and gutters not more than two feet, over a required rear yard.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
Maximum heights of buildings and structures shall be as set
forth in Table 2.[1] The foregoing limitations of height in feet in the designated
zoning districts shall not apply to:
A.
Farm buildings on farms of not less than 10 acres;
B.
Nor shall they apply to chimneys, ventilators, skylights, tanks,
bulkheads, penthouses, processing towers, roof-mounted solar collectors,
and other accessory structural features usually erected at a height
greater than the main roofs of any buildings. However, no roof-mounted
solar collector shall exceed two feet in height unless a waiver is
granted by the Planning Board;
[Amended 5-15-2018 ATM by Art. 29]
C.
Nor to domes, bell towers, or spires of churches or other buildings,
provided all features are in no way used for living purposes;
D.
And further provided that no such structural feature of any non-manufacturing
building shall exceed a height of 65 feet from the ground;
E.
Nor of a manufacturing building a height of 85 feet from the ground,
or pharmaceutical manufacturing silo having a height of 115 feet from
the ground;
F.
A parcel or parcels collectively comprising at least three acres of land located within a Business 2 (B-2) Zoning District are eligible for a waiver of the maximum height, for residential multifamily dwellings and townhouses described under Table 2; provided that such height waiver shall not permit a structure to exceed more than four stories and 55 feet in height, and further provided that such waiver is granted by the Planning Board, as special permit granting authority, after the Planning Board has made a determination based upon consideration of the special permit criteria described under § 195-10.7A of the Zoning Bylaw.
[Amended 5-15-2018 ATM by Art. 23]
G.
Ground-mounted solar energy systems. The maximum height of small-,
medium-, and large-scale solar energy systems shall not exceed 15
feet.
[Added 5-15-2018 ATM by Art. 29]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
Maximum lot coverage by buildings shall be as forth in Table
2.[1] "Lot coverage" shall mean the percent of the lot covered
by principal and accessory structures.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
Maximum floor area ratio (FAR) shall be as set forth in Table
2.[1] "FAR" is the ratio between the total amount of building
floor area on all usable floors and the area of the lot on which it
is located.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
Maximum dwelling unit density (dwelling units per acre) shall
be as set forth in Table 2.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
A.
The residential lot areas and frontages above required and listed
in Table 2[1] shall not apply in any Residence District to any lot of
less area or less frontage than above required if such lot is not
adjoined by other land of the same owner, available for combination
with or used in connection with such lot, provided that the applicant
for a building permit on any such lot shall show by citations from
the Essex County Registry of Deeds incorporated in or attached to
such application that such lot was lawfully laid out and duly recorded
by plan or deed prior to January 9, 1957, and provided that on such
a lot there shall be kept open and not built upon a front yard and
a rear yard, each not less than 20 feet deep, and two side yards,
each not less than 12 feet wide; and further provided that such lot
shall have a minimum street frontage of 50 feet and a minimum lot
area of 5,000 square feet.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.
In Residence 4 (R-4) Districts only, two or more vacant lots, mutually
adjoining, may, with a special permit from the Board of Appeals, be
permitted to be combined into a new lot or lots of not less than 10,000
square feet in area each, and with not less than 100 feet of street
frontage, provided it be shown to the Board of Appeals that each such
lot was lawfully laid out and duly recorded by plan or deed prior
to January 9, 1957, and the Building Inspector shall permit the construction
of one single-family dwelling on each such 10,000 square foot lot.
C.
As described in MGL c. 40A, no amendment to this Zoning Bylaw shall
apply to land shown on an approved definitive subdivision plan, as
defined by the Subdivision Control Law, for the length of time described
in MGL c. 40A.
D.
As described in MGL c. 40A, no amendment to this Zoning Bylaw shall
affect the use of land shown on an endorsed "approval not required"
plan, as defined by the Subdivision Control Law, for the length of
time described in MGL c. 40A.
