No building or structure shall be erected, altered, enlarged,
extended, or moved on any lot, nor shall any lot containing any building
or structure be altered in size or dimension, unless the resulting
premises meet or exceed the minimum requirements specified in the
Table of Dimensional Requirements, except where otherwise provided
for in this Bylaw or G.L. c. 40A. Not more than one building designed
or available for use as a dwelling shall be erected or converted to
a dwelling on any lot, parcel, or tract of land in the town except
where specifically provided for in this Bylaw.
All buildings and structures shall conform to the Table of Dimensional
Requirements as shown in Appendix A, Table 2.
1.
Dwellings in Districts Other than Single Residence. For dwellings in districts other than single residence, the lot
size and frontage requirements that apply in the adjoining single
residence district sharing the longest common boundary shall apply.
In the event there is no adjoining single residence district, the
requirements of the nearest single residence district shall apply.
2.
Yards.
a.
Each lot shall have a width of not less than 80 percent of the
required frontage at all points between the street line along which
the frontage of the lot is measured and the furthest point of the
rear wall of the dwelling upon the lot. The width shall be measured
along lines parallel to the street line.
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b.
The minimum yard depth requirements shall not apply in any district
to covered or uncovered stairs, small bays, bay windows, eaves, or
cornices, provided they are unenclosed and do not extend more than
five feet into a front or side yard or 10 feet into a rear yard.
c.
The yard depth from an existing way shall be measured from the
right-of-way line where a plan of the way is on file with the Northern
Essex Registry of Deeds or Land Court, or the Town Clerk or, in the
absence of a plan or if the way is less than 40 feet wide, from a
line 20 feet from and parallel with the center line of the traveled
way as determined by the Town Engineer.
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d.
In SRA, SRB, and SRC districts, where other buildings exist
within 200 feet on both sides of the lot in question and within the
same block and district, the principal structure may extend as near
the way as the average setback of the other buildings; but if the
other buildings are set back more than 30 feet from the way, the principal
structure shall not extend nearer to the way than the average setback
of such other buildings.
e.
In the case of lots abutting on more than one way, the minimum
front yard depth requirement shall apply to each such way, but the
lots shall be required to have the minimum required frontage on only
one of the ways. In addition, one minimum side yard depth requirement
and one minimum rear yard depth requirement shall apply to the lot
and shall be determined at the time of building permit issuance. Lots
approved prior to the adoption of this provision and the Rules and
Regulations governing the Subdivision of Land in the Town of Andover
shall be exempt from this requirement.
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f.
In the case of lots that abut on a limited access highway, the
minimum yard depth requirement from the highway shall be the same
as the applicable side or rear yard minimum depth.
g.
No fence or sign shall be erected or installed and no trees,
shrubs, or other growth shall be planted or permitted to grow or exist
in any district requiring a minimum front yard depth that will dangerously
obstruct the view of traffic by operators of vehicles at street intersections.
This requirement shall be deemed to include, but not be limited to,
any such obstruction that is more than three feet and less than eight
feet above the grade of the adjoining way, and is located within an
area bounded by the side lines of the intersecting ways and the line
joining points on such ways 25 feet from the intersections of such
side lines or the intersections of the side lines projected so as
to interfere with traffic visibility across the corner.
h.
When the distance between any two points on lot lines is less
than 50 feet, measured in a straight line (the threshold line), the
smaller portion of the lot that lies between the lot lines and the
threshold line shall not count toward the minimum lot area unless
the cumulative distance along the lot lines between the two points
and along the threshold line is less than 150 feet.
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3.
Building Height.
a.
The limitation on height of buildings shall not apply in any
district to chimneys, ventilators, towers, silos, spires, or other
ornamental features of buildings that are not used for living purposes
and do not constitute more than 25 percent of the ground floor area
of the building.
b.
Buildings in any residence district or the Apartment District
used for municipal or educational purposes may be three stories in
height but shall not exceed 45 feet.
4.
Lots Resulting from Public Acquisition. Public acquisition
of any portion of a lot for the purpose of laying out or altering
a public road shall not cause the resulting lot or existing structures
on the lot to be dimensionally nonconforming or disqualify the lot
for separate sale or legal building, provided that the width of the
strip acquired does not exceed 10 feet. Front yard and coverage requirements
on the lot shall be measured from the street right-of-way line in
existence immediately prior to the public acquisition.
1.
Apartment Districts.
a.
The minimum lot area and frontage requirements shall be the
same as applies to the adjoining single residence sharing the longest
common boundary. In the event there is no adjoining single residence
district, the requirements of the nearest single residence district
shall apply.
b.
For multiple dwellings, there shall be at least 3,500 square
feet of lot area for each dwelling unit. See Section 7.7.3 of this
Bylaw.
2.
Business Districts (LS, OP, GB, MU).
a.
No building in a business district shall be erected or expanded
within 15 feet of a building containing a residential use, regardless
of the district in which the building containing a residential use
is located.
b.
In the General Business District, the front setback shall be
the average front setback of existing buildings on the block.
3.
Industrial Districts and Office Park Districts.
a.
In the Industrial A, Industrial D, and Office Park Districts,
the front, side, and rear minimum yard depth requirements in Appendix
A, Table 2 shall apply to all nonresidential facilities, including
structures, parking areas, driveways, tanks, loading bays, outdoor
storage or work areas, and similar accessory operations on any lot
in nonresidential use if the lot abuts a lot in residential use or
a lot zoned Single Residence A or B or C, or abuts a public or private
way that abuts in whole or in part a Single Residence A or B or C
District.
b.
In Industrial A and Industrial D2 and Industrial D and Office
Park Districts, no nonresidential structure shall be erected nearer
than 300 feet to the outside wall of any existing dwelling, regardless
of the district in which the dwelling is situated, and whether or
not a public or private way lies within the 300 feet.
c.
In the case of lots that are located in industrial districts
and abut railroad property, the minimum yard depth requirement from
the railroad property shall not apply if a railroad siding is to be
constructed.
d.
In all industrial districts, yard depth requirements shall be
measured from the street line of a public way or internal access road,
whichever applies.
e.
In the Industrial D District, required yard areas shall be developed
and maintained only for lawns, landscaping, walks, driveways, and
off-street parking. No off-street parking shall be located within
50 feet of the street line of any public way or internal access road
on which the building fronts unless the Zoning Board of Appeals grants
a special permit to reduce this requirement upon determining that
the site and proposed site plan provide adequate control of visual
intrusion and traffic.
f.
In an Industrial A District, the
maximum height of a building shall be four occupiable stories, but
not more than 60 occupiable feet or 80 total feet, provided that the
existing municipal water pressure must be sufficient for adequate
water supply to reach the portion of the building over 60 feet for
both fire protection and service needs without any artificial means
to increase the existing pressure; and the space above 60 feet shall
be:
i.
Used solely for building mechanicals, heating, ventilation,
and air conditioning, utilities and other building services uses;
ii.
Setback at least 10 feet on all sides from the outside face
of the top story of the building; and
iii.
Excluded from both the calculation of maximum
coverage in the table of dimensional requirements and the calculation
of off-street parking requirements in Appendix A, Tables 2 and 3.
iv.
The outside face of any building greater than 60 feet in height
shall be at least 1,000 feet from the district boundary line of any
residence district.
v.
All lighting of the buildings and grounds, including light posts,
shall be screened and shielded from the abutting residential neighbors.
g.
No single Retail Sales Establishment shall exceed 25,000 square
feet of gross floor area in the ID2 District. A single establishment
shall be defined as having independent access, egress, and exit ways
as required by State Building Code.
h.
Multiple Buildings: In the Industrial A, Industrial D, and Industrial
D2 Districts, more than one building may be erected on a single lot.
4.
Mixed Use District.
a.
New structures and additions to existing structures shall not
be erected within 50 feet of the nearest outside wall of an existing
residential structure.
b.
No single establishment of a Business or Commercial Use in Appendix
A, Table 1 shall exceed 65,000 square feet of gross floor area. A
single establishment shall be defined as having independent access,
egress, and exit ways as required by State Building Code.
5.
Lot/Slope Requirements
in the Single Residence Districts.
a.
Except as provided in subsection 4.1.4.5(c) below, in the SRA,
SRB and SRC districts, the following requirements shall apply:
i.
The slope of land at any point, stated as a percentage, shall
mean the change in elevation over a horizontal distance measured perpendicular
to the contours divided by the distance over which the change occurs,
multiplied by 100.
Slope = (Change in elevation/horizontal distance measured perpendicular
to contours) x 100
ii.
All natural slopes exceeding 35 percent, measured over a horizontal
distance of 10 feet, shall be protected and remain undisturbed.
iii.
All areas with natural slopes exceeding 25 percent
over a horizontal distance of 30 feet shall be excluded from the calculation
of the minimum lot area required in the applicable district.
b.
The Planning Board may grant a special permit to waive the requirements
of this subsection 4.1.4.5 if, in the Board's opinion, the applicant's
proposal is sufficient for preserving and enhancing the landscape,
minimizing grading, runoff, and soil erosion; and encouraging innovative
site design.
c.
The provisions of this subsection 4.1.4.5 shall not apply to:
i.
Building lots in a definitive subdivision plan submitted in
accordance with G.L. c. 41 in order to obtain the protections provided
by G.L. c. 40A, s. 6;
ii.
Building lots in a definitive subdivision plan approved prior
to the enactment of this subsection 4.1.4.5; or
iii.
Building lots on a plan subject to G.L. c.41,
s. 81P approved prior to the first date of publication of notice of
this Bylaw.
1.
Motels and Hotels. The minimum lot area per rentable
unit shall be 2,000 square feet
2.
Motor Vehicle Service Station and Car Wash. Any
building used for a gasoline service station, car wash, or automobile
repair garage or service station shall be located at least 15 feet
from the property line and at least 50 feet from the property line
of any lot in a residential district. In addition, no premises used
for any of these purposes shall have any driveway access within 300
feet of the lot line of any public or private school, public library,
church, playground, or institution for older adults, the sick, the
dependent, or children under 16 years of age.
Except as provided in Section 4.1.4.3, above, accessory buildings
and structures shall conform to the following regulations.
The minimum requirements for yard depth shall not preclude the
placing of an accessory building in the minimum yard area, provided
that it (a) is located in the rear yard; (b) does not exceed 1 1/2
stories in height; (c) covers not more than 30 percent of the yard
area; (d) is not located nearer than five feet to any property line;
and (e) is not used for housing domestic animals or livestock. This
section shall not apply to multiple dwellings in the Apartment District.
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The ground floor area of a building accessory to a dwelling
may exceed the ground floor area of the dwelling only if granted a
special permit by the Zoning Board of Appeals upon its determination
that the proposed accessory building will not cause visual or functional
disruption to the character of the neighborhood.
Subject to other provisions of this Bylaw, swimming pools, tennis
courts, sports courts, and courts for nonpublic athletic and recreational
activity, and their associated equipment and paraphernalia, constructed
and employed for the private use without fee or charge of the occupant
of the lot, are permitted as an accessory use in rear yards and in
side yards, but not in front yards, in all districts, provided that
they are not located nearer than 10 feet to any property line of the
rear yard and that they comply with the minimum side yard setback
requirements for the district.
