A. 
Overview. A Development Project proposed pursuant to this Article 19 shall be submitted for Development Project Plan Review along with a Development Project Plan consistent with the provisions of Article 19, MBTA Multi-Family Housing Overlay District.
B. 
The following Uses are permitted, as more specifically described below.
In the Overlay District, no land shall be used and no Building or Structure shall be reconstructed, erected, altered or used for any other purpose than of one or more of the following Uses described below.
A. 
As-of-right project. The following Uses shall be permitted as-of-right in Subdistrict 1 and Subdistrict 2 upon issuance of a Development Project Plan Approval pursuant to the provisions of this Article 19. An As-Of-Right Project shall include a Townhouse Residential Use and/or a Multifamily Residential Use; and may or may not include one or more of the following allowable nonresidential uses:
(1) 
Recreational Uses;
(2) 
Maker Space;
(3) 
Coworking Space;
(4) 
Open Space;
(5) 
Retail sales establishments, of no more than 15,000 square feet of Gross Floor Area;
(6) 
Restaurants, cafes, or other establishments serving food and/or beverages, establishments of no more than 15,000 square feet of Gross Floor Area;
(7) 
Brewery, Distillery, and/or Winery, of no more than 15,000 square feet of Gross Floor Area;
(8) 
Personal service establishments;
(9) 
Public Buildings or Uses and public service corporations;
(10) 
Veterinary hospital or kennel;
(11) 
Professional Offices, including, but not limited to, banks (including ATMs), real estate offices, insurance offices, physician offices, clinics, dentists, attorneys, architects, engineers or accountants;
(12) 
Business Offices, including, but not limited to, banks (including ATMs, whether attached or detached) and financial institutions;
(13) 
Uses exempt by statute (MGL c. 40A, § 3);
(14) 
Artist's studios, galleries or museums;
(15) 
Solar Energy Systems, in accordance with Article 8, Part 12;
(16) 
Parking accessory to any of the above permitted Uses, including surface, garage, under, and structured parking (e.g., parking garages) and surface parking accessory to any permitted Uses in the Overlay District;
(17) 
Driveways, sidewalks, parking lots, stormwater facilities, utilities, equipment and infrastructure, signage and similar ancillary improvements supporting any permitted Uses in the Overlay District; and
(18) 
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.
B. 
Uses by special permit. Applications for special permits for Article 19 and all other necessary special permits shall be submitted and reviewed concurrently with the Development Project Plan. The following Uses may be allowed in the Overlay District by granting of a special permit pursuant to Article 8, Part 3, and § 195-10.7 of the Zoning Bylaw, so long as each proposed development project contains at least one permitted residential Use (townhouse(s) and/or multifamily residential homes), and one or more of the following:
(1) 
Retail sales establishments, of more than 15,000 square feet of Gross Floor Area; or grocery stores of more than 25,000 square feet of Gross Floor Area;
(2) 
Restaurants, cafes, or other establishments serving food and/or beverages, establishments of more than 15,000 square feet of Gross Floor Area;
(3) 
Brewery, Distillery, and/or Winery, of more than 15,000 square feet of Gross Floor Area;
(4) 
Assisted living units and facilities, independent elderly housing, congregate housing, nursing and convalescent homes; continuing care retirement center;
(5) 
Hotel, Boutique Inn, including customary accessory uses associated with hotel use such as spa, restaurant, conference room, banquet facilities;
(6) 
Halls, clubs, theaters, or other places of indoor amusement or assembly, including but not limited to arenas, theaters, indoor ice skating facility, and indoor recreation, fitness, and health care facility. Adult uses shall be expressly prohibited, including but not limited to: Adult Bookstore, Adult Cabaret, Adult Motion-Picture Theater, Adult Paraphernalia Store, Adult Use, Adult Video Store;
(7) 
Retail Plaza not to exceed 150,000 square feet of Gross Floor Area, where any single user cannot exceed 65 square feet of gross floor area;
(8) 
Technical office for research and development, including laboratory and research facilities;
(9) 
Private school for profit;
(10) 
Incubator or business park;
(11) 
Manufacturing;
(12) 
Medical Center;
(13) 
Commuter Rail Station;
(14) 
Halls, clubs, theaters, or other places of indoor amusement or assembly, including but not limited to arenas, theaters, indoor ice skating facility, and indoor recreation, fitness, and health care facility, establishments of greater than 20,000 square feet of Gross Floor Area;
(15) 
Accessory Uses and Accessory Buildings customarily incidental to the Uses above.
All other Uses are hereby expressly prohibited; except Uses which are substantially similar in character to the permitted Uses enumerated above in § 195-19.12, as determined by the PAA, which shall be treated as requiring a special permit to be issued by the PAA.
A. 
Developments requiring Development Project Plan Review and Development Project Plan Approval in accordance with Article 19 are subject to Article 8, Supplementary Regulations, Part 13, Inclusionary Housing Requirement, of the North Andover Zoning Bylaw, except for the requirements for granting of a special permit. Compliance with inclusionary zoning requirements will be reviewed during Development Project Plan Review.
B. 
If EOHLC determines in writing that the Town has not shown the requirement for 15% of the total housing units in the development subject to the Inclusionary Housing Requirement bylaw to be economically feasible, at least 10% of the dwelling units in any Development Project, or an alternatively higher percentage that EOHLC determines to be economically feasible, shall be Affordable Housing Units compliant with Article 8, Supplementary Regulations, Part 13, Inclusionary Housing Requirement, of the North Andover Zoning Bylaw, except for the requirements for granting of a special permit.
A. 
Any Development Project component for which a special permit is required to be issued by the PAA, as Special Permit Granting Authority pursuant to MGL c. 40A, § 9, shall only be issued in accordance with the requirements of this § 195-19.15.
B. 
The PAA may grant a special permit within the framework of this Article 19 only after holding a public hearing, which must be held within 65 days after the Applicant files for such special permit. Once the application is deemed complete, the Planning Department will forward one copy of the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and MGL c. 40A will not start until the application has been deemed complete and submitted to the Town Clerk.
C. 
The PAA shall not approve any such application for a special permit unless it finds that in its judgment all the following conditions are met:
(1) 
The specific site is an appropriate location for such a Use, Structure or condition;
(2) 
The Use as developed will not adversely affect the neighborhood;
(3) 
There will be no nuisance or serious hazard to vehicles or pedestrians;
(4) 
Adequate and appropriate facilities will be provided for the proper operation of the proposed Use;
(5) 
With regard to a special permit, the Plan Approval Authority shall not grant any Special Permit unless it makes a specific finding that the Use is in harmony with the general purpose and intent of this Zoning Bylaw; and
(6) 
The Use for which the special permit is sought complies with the dimensional and other criteria described in Parts 6 through 7 of this Article 19 unless otherwise waived as provided therein.
D. 
In approving a special permit, the Plan Approval Authority may attach conditions and safeguards only to the portion of the Development Project requiring a special permit as are deemed necessary to protect the neighborhood, such as, but not limited to, the following:
(1) 
Requirements of front, side, or rear yards to the perimeter of the Overlay District greater than the minimum required by this bylaw;
(2) 
Requirements of front, side, or rear yards to property lot lines greater than the minimum required by this bylaw;
(3) 
Requirements of screening parking areas or other parts of the premises from adjoining premises outside of the Overlay District or from a public street, by walls, fences, planting, or other devices as specified by the Plan Approval Authority;
(4) 
Modification of the exterior features or appearances of the Structure;
(5) 
Limitation of size, number of occupants, method or time of operation, or extent of facilities; and
(6) 
Regulation of number, design and location of access drives or other traffic features if not otherwise shown on the Development Project Plan;
(7) 
The Special Permit Granting Authority, at its discretion, may include conditions regarding post project studies, such as parking monitoring reports, photometric studies that compare actual results verse proposed results, traffic studies to compare actual trips verse proposed trip counts, or studies to monitor other potential impacts on the surrounding area.
E. 
Special permits granted under the provisions contained herein shall be deemed to have lapsed after a two-year period from the date on which the special permit was granted unless substantial use or construction has commenced (in the case of a phased Development Project, this includes the substantial use or commencement of construction any phase of the Development Project). If the Applicant can show good cause why substantial use or construction has not commenced within the two-year period, the Plan Approval Authority, at its discretion, may extend the special permit for an additional one-year period. Included within the two-year period stated above is the time required to pursue or await the determination of an appeal from the provisions of the bylaw.
F. 
The Plan Approval Authority shall also apply the same dimensional, design and other criteria described in Parts 6 through 7 of this Article 19 as applied to As-of-Right Projects unless otherwise waived as provided therein.
G. 
Within 90 days following the date of the close of the public hearing, the Plan Approval Authority shall take final action in the matter in order to issue a special permit provided for in this Article 19 in accordance with the provisions of MGL c. 40A.
H. 
Filing of decision; appeal.
(1) 
A special permit granted under the provisions of this bylaw shall not take effect until the Town Clerk certifies on a copy of the decision that 20 days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied, and the certified decision has been recorded at the owner's expense in the Essex County Registry of Deeds indexed in the grantor index under the name of the record owner, and noted on the owner's certificate of title; and
(2) 
The appeal of a special permit granted or denied hereunder shall be made in accordance with the provisions of MGL c. 40A § 17.
I. 
At the discretion of the PAA, an Applicant seeking approval of a Development Project including both As-of-Right Projects as well as Uses requiring a special permit may combine such applications for Development Project Plan Review and a special permit(s) into a single application, and the PAA may combine both hearings and issue a single decision on such a combined Development Project, provided that all requirements for the As-of-Right Project are complied with in accordance with this Article 19, and with respect to Uses allowed by special permit, are complied with in accordance with MGL c. 40A.