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TOWN OFH ANOVER Town of Hanover Massachusetts Zoning Bylaw 1955 As Amended to the Annual Town Meeting of May, 2009 As adopted and amended by Town Meeting and approved by the Massachusetts Attorney General’s Office ZONINBYLAWS Page 1 of 120 ASADOPT, MENDE& APPROVED TOWN OHANOVE,ASSACHUSETTS INCLUDIALLMENDMENTS MAY, 2009 TOWN OF H ANOVER s t n e t n o C f o e l b a T SECTION 1 Citation and Purpose SECTION 2 Definitions 2.000 Standard Interpretations 2.100 Definitions SECTION 3 Districts 3.000 Establishment of Districts 3.100 Location of Districts 3.200 Location of Boundaries of Districts 3.300 Use Beyond a Boundary Line SECTION 4 Pre-Existing, Non-Conforming Uses , Structures, Lots & Other Non- Conformances 4.000 Expansion of Existing Uses and/or Structures 4.100 Pre-Existing, Non-Conforming Uses 4.200 Pre-Existing, Non-Conforming Structures 4.300 Pre-Existing, Non-Conforming Lots 4.400 Other Pre-Existing Non-Conformances SECTION 5 General Regulations for NewConstruction & Uses & Ge Zoning Districts 5.000 Relation to Local and State Law 5.100 Rate of Development 5.200 Construction Site Preparation Standard 5.300 Accessory Structures 5.400 Signs 5.500 Mobile Homes and Storage or Utility Trailers 5.600 Outdoor Storage 5.700 Lots in a WetlandsResource Area or Well Protection Zone 5.800 General Provisions SECTION 6 Use Regulations 6.000 Residence A District 6.100 Business District 6.200 Commercial District 6.300 Planned Shopping Center District 6.400 Limited Industrial District 6.500 Industrial District 6.600 Fireworks District 6.700 Flood Plain District 6.800 Water Resource Protection District 6.900 Wireless Telecommunications District 6.1.00 Adult Use District 6.11.0 Village Planned Unit Development 6.12.0 Interchange District 6.13.0 Body Art Establishments 6.14.0 Wind Energy Facilities ZONINGBYLAWS TOWN OFH ANOVE, MASSACHUSETTS Page 2 of 120 T OWN OF H ANOVER Table of Contents(cont.) SECTION 7 Dimensional Regulations 87 7.000 Requirements in AllZoning Districts 87 Table 7-1: Dimensional Regulations 88 7.100 89 Height Regulations 7.200 Lot Size and Lot Area 89 7.300 Lot Frontages 89 7.400 90 Front, Side and Rear Setbacks 7.500 Coverage of Land (Building Coverage and Lot Coverage) 90 7.600 Special Provisions 91 SECTION 8 Landscaping and Buffers 93 8.000 Purpose 93 8.100 Buffer Area 93 8.200 Plantings for Buffer Areas 93 8.300 Existing Vegetation 96 8.400 Driveways Through Side Buffers 96 8.500 Parking Area Plantings 96 SECTION 9 Parking and Loading Requirements 97 9.000 Off-Street Parking and Loading Areas 97 Table 9-1: Minimum Parking Requirements 98 9.100 Design and Location of Off Street Parking and Loading Areas 100 9.200 Parking Area Plantings 101 9.300 Reduction in Parking Requirements 101 SECTION 10 Site Plan Approval 102 10.000 Purpose and Applicability 102 10.100 Contents 103 10.200 Criteria 110 10.300 Procedure 110 10.400 Limited Site Plan Review 112 SECTION 11 Mitigation of Development Impacts 113 11.000 Purpose 113 11.100 Applicability 113 11.200 Mitigation Procedure and Value 114 11.300 Mitigation Funds 115 SECTION 12 Administration 116 12.000 Building Permits 116 12.100 Occupancy Permits 117 12.200 Basis for Appeals 117 12.300 Request for Zoning Enforcement 117 12.400 Reinspection Permits 117 12.500 Enforcement of the Zoning Bylaw 117 ZONINGB YLAWS ASADOPTED, MENDED & PPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 3 of 120 INCLUDINGALLAMENDMENTS TOMAY, 2009 TOWN OF HANOVER Table of Contents(cont.) SECTION 13 Zoning Board of Appeals 13.000 Powers of the Zoning Board of Appeals 13.100 Procedure Governing the Zning Board of Appeals 13.200 Time Limitations onVariance or Special Permit Grants SECTION 14 Amendment SECTION 15 Validity e t oN l a g e L This copy of the Town of Hanover Zoning Bylaw is provided solely for reference purposes and the convenience of the general public. The Town makes no warranty, express or implied, nor assumes any responsibility in the use of this document or its contents for its accuracy or compl eteness. The Official Zoning Bylaw and Zoning Maps (as adopted and amended by Town Meeting) are on file with the Town Clerk of the Town of Hanover and shall be considered the definitive legal reference in the event of any dispute. All site-specific questions regarding allowable uses and bylaw provisions must be directed to theppropriate Departments and/or Boards, including Town of Hanover Zoning Enforcement Officer (Building Commissioner). ZONINBYLAWS ASADOPTED TOWN OHANOVER, ASSACHUSETTS Page 4 of 120 NCLUDINGALLAMENDMENTS TO e s o p r u P d n a n o i t a t i C : I n o i t c e S This Bylaw shall be known and may be cited as the Zoning Bylaw for the Town of Hanover. It is enacted to lessen congestion in the streets; to conserve health; to secure safety from fire , flood, panic and other dangers; to provide adequate light and air; to prevent encourage housing for persons of all income levels; water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural, scenic and historical resources; to prevent blight and pollution of the environment; to encourage the most appropri ate use of land throughout the Town, including consideration of the recommendations of the master plan ad opted by the Planning Board; to preserve and increase amenities; to enhance the visual environment of the Town ; to protect and preserve fr om despoliation significant environmental features and resources; and to protect and promote the na tural, scenic and aesthetic qualities of the Town by the promulgation of regulations to fulfill said objectives in accordance with the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts. ZONING TOWN OF s n o i t i n i f e D : 2 n o i t c e S SECTIS OUNMSMARY 2.000 StandarInterpretations 2.100 Definitions 2.000 – STANDARD INTERPRETATIONS 2.010 For the purposes of this Bylaw, certain terms or words used herein shall be interpreted as follows: A. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. B. The present tense includes the future tense, words in the singular number include the plural number and words in the plural number include the singular number. C. The word "shall" is mandatory, the word "may" is permissive. D. The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied." E. The words "building lot", "lot", "parcel" and "plot" shall have the same meaning and shall be interchangeable. F. The word "land" includes the words "water and marsh," unless otherwise designated herein. G. The word "structure" includes the word "building". H. The words "road", "roadway", "street" and "way interchangeable. 2.020 Where used in this Bylaw, the specific definition interpreted as stated and shall have the meaning ascribed to them. 2.100 - DEFINITIONS Abandoned: Having ceased a use or activity without intent interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. For purposes of this Bylaw, a use shall be deemed to be abandoned when the structure and/or lot on which the use occurs is marketed for any other use. Accessory Building: A detached building or structure, which is subordinate to the main building and is located on the same lot with the main building, the use of which is cl osely related to and customarily incidental to that of the main building or to the use of the land. Where a substantial part of a wall of an accessory building is part of the wall of a main building, or where an accessory building is attach ed to the main building, such accessory building shall be determined to be part of the main building. Accessory Use: A secondary use which is conducted on the same lo t or within the same structure as the primary use, is subordinate to the primary use and is closely related to and customarily incidental to the primary use of the lot or structure. ZONINGBYLAWS TOWN OFHANOVE, MASSACHUSETTS TOWN OF H ANOVER Addition: New construction in which a substantial part of a wall is attached to the principal building. Adult Book Store: An establishment having as a sub stantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or ch aracterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as de fined in Section 31 of Chapter 272 of the Massachusetts General Laws. For purposes of this Bylaw, ‘a substantial or significant portion’ shall be indicated by the occurrence of any of the following: floor area dedicated to such materials, shelf space dedicated to such materials, gross receipts from the sale or lease of such materials, net receip ts from the sale or lease of such materials, and/or sales volume of such materials exceeding twenty percent (20%) of the total floor area, shelf space, volume of stock, gross receipts, net receipts and/or sales volume, respectively. Adult Motion Picture Theatre: An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. Adult Paraphernalia Store: An establishment having as a substantial or significant portion of its stock in trade, 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 Section 31 of Chapter 272 of the Massachusetts General Laws. For purposes of this Bylaw, ‘a substantial or significant portion’ shall be indicated by the occurrence of any of the following: floor area dedicated to such materials, sh elf space dedicated to such ma terials, gross receipts from the sale or lease of such materials, net receipts from the sale or lease of such materials, and/or sales volume of such materials exceeding twenty percent (20%) of the total floor area, shelf space, volume of stock, gross receipts, net receipts and/or sales volume, respectively. Adult Use: For purposes of this Bylaw, Adult Use shall be defined as any of the following: Adult Bookstore, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, and Nude Entertainment Establishment, as such terms are defined in this Zoning Bylaw. Adult Video Store: An establishment having a substantial or significant portion of its stock in trade, video, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Secti on 31 of Chapter 272 of th e Massachusetts General Laws. For purposes of this Bylaw, ‘a substantial or significant portion’ shall be indicated by the occurrence of any of the following: floor area dedicated to such materials, shelf sp ace dedicated to such materials, gross receipts from the sale or lease of such materials, net receipts from the salor lease of such materials, and/or sales volume of such materials exceeding twenty percent (20%) of the total floor area, shelf space, volume of stock, gross receipts, net receipts and/or sales volume, respectively. Allowed Use: A use authorized or allowed by right within a specific zoning district. Uses in districts other than the Residence A District may require Site Plan Approval. Alterations: Remodeling or renovation activities generally condu cted within an existing structure and, except for cosmetic changes, having no effect upon the exterior of said structure. Aquifer: A geological formation, group of fo rmations, or part of a formation that contains sufficient saturated permeable materials to yield significant quantities of water. Aquifer Recharge Area: An area that has soils, geological feat ures and/or wetlands resource areas that are conducive to allowing significant amounts of surface water to percolate into groundwater. ZONING BYLAWS ASADOPTED, MENDED & APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 7 of 120 NCLUDING ALLAMENDMENTS TOM AY, 2009 TOWN OF H ANOVER Area of Influence: The area which experiences drawdown by a pumping well as plotted on a two dimensional map surface; usually ellipsoidal in shape. Assisted Living Facilities: A Structure or structures containing dwe lling units for persons in need of assistance with activities of daily living, as defined and regulated by Chapter 19D of the Massachusetts General Laws. Automobile Dealership: A sales agency that sells and distributes to the general public new and/or used cars and/or light utility vans and trucks. Boarding or Rooming House: A building or premise, other than a hotel, inn, motel, tourist court or lodging house, where rooms are let and where meals may be regula rly served by pre-arrangem ent for compensation; not open to transient guests. Building: A structure having a roof or rigid cover supported by columns or walls for the shelter, support or enclosure of persons, animals or property. Building Coverage: That portion of a lot covered by all buildings and structures. Building Inspector: Building Inspector shall mean the Inspector of Buildings or other designated authority, or a duly authorized representative, serving under the building code, and charged with the enforcement of this Bylaw. Where the term Building Inspector is used relative to enforcement of this Zoning Bylaw it shall be understood to mean the Zoning Enforcement Officer, if such position is filled by someone other than the Building Inspector. Building Lot: A parcel of land occupied, or in tended to be occupied, by a building and its accessory buildings, or by group dwellings and their accessory buildings, together with such open space as is re quired, having at least the minimum area required for a lot in the zoning district in which such lot is located and having at least the minimum frontage along a public street or public way or along a wa y shown on a plan theretofore approved and endorsed in accordance with Massachusetts General Laws, Chapter 41, Sections 81K-81GG (The Subdivision Control Law). A building lot shall not include any portion of a street or way which is relied upon to qualify the lot as to frontage. Canopies or Porticos: Roof structures which have no side walls and which may be attached to or detached from the principal building on a lot, provided that such structu re complies with the definition of Accessory Building in Section 2 of this Bylaw. Community Center: A structure erected solely for the use of resi dents of the PRDS and their guests. The Community Center shall contain, at a minimum, kitchen and toilet facilities for men and women and may contain dining areas, game rooms, entertainment rooms, library, la undry facilities, meeting rooms, exercise rooms, locker rooms and/or pool, all of which shall be designed and maintained in conformance with the latest Massachusetts’ standards for accessibility for the handicapped. Cone of Depression: A three dimensional conical concavity produced in a water table by a pumping well. Day Care Center: Any public or privately sponsored non-residentia l program, which provides for the care of school-age children when not attending school or pre-sc hool children by someone other than members of the child’s own family, and which involves and supports the child’s parents or guardian s and are appropriate to the development of the child, including in-home care; homem aker services; family day care homes; group day care homes; day care centers for the full day; part-day preschool programs and nurs ery schools; private kindergartens; before and after school programs; temporary shelter care programs and programs which offer night care. ZONINGB YLAWS ASADOPTED, MENDED& APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 8 of 120 NCLUDINGALLAMENDMENTS TO MAY, 2009 TOWN OF H ANOVER Discharge: The spilling, leaking, pumping, pouring, emitting, emptying, or dumping of toxic or hazardous materials upon or into any land or waters in the Town of Hanover Discharge includes, without limitations, leakage of such materials from failed or discarded containers or storage systems, and disposal of such materials into any on-site sewage disposal system, dry well, catch basin, or unapproved landfill. Duplex Dwelling: A building designed and/or used exclusively for residential purposes and containing two (2) dwelling units constructed side by side and separated by a common party wall or otherwise structurally attached. The individual dwelling units in a duplex dwelling may be of either one-story or two-story design. Dwelling: A building, used primarily for residential purposes for one or more persons, but not including trailers or mobile homes, however mounted, or commercial accommodations for transient occupancy. Dwelling Unit: One (1) or more rooms with cooking, living, sa nitary and sleeping facilities arranged for the continuous or permanent use of one (1) or more persons living together as a single housekeeping unit. Expansion: For purposes of this Bylaw, an expansion shall in clude, but not be limited to, any or all of the following: greater coverage of land ar ea with structures or paving or othe r non-vegetative uses; any increase in parking or storage or display of vehicles or goods; any increase in the volume of a structure by means of an addition, or enlargement; or, the pla cement of accessory structures or accessory uses such as gas pumps, storage sheds, outdoor displays and other similar structures or uses. Floor Area: The interior floor area of a dwelling unit exclusive of basements, stairwells, halls, bathrooms, corridors, attics, wall partitions and attached accessory buildings. For non-residential structures, the floor area is the gross area measured from the outer faces of exterior walls. Frontage: A linear measurement along that edge of a lot where it abuts the way line. To qualify a lot as a building lot, frontage shall be along a way as defined in Section 2, and shall be continuous and uninterrupted for at least the minimum distance required for the Zoning District in whic h the lot lies. Primary access and the provision of municipal services shall be through the frontage of a lot. Garage, Private: Covered space intended for the housing of mo tor vehicles or boats, but not for commercial repair, or commercial storage, or the rental of more than two (2) stalls. Garage, Repair: A building designed and used commercially for the st orage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work. Gas Station: Buildings and premises where the primary use is the retail supply and dispensing of motor fuels, lubricants, batteries, tires, and motor vehicle accessories. Gross Floor Area: The sum of the areas for each story or level of a dwelling unit exclusive of areas not designed for human occupancy including, but not limited to baseme nts, stairwells, bathrooms, attics, wall partitions and attached accessory buildings. For business, commercial and in dustrial structures, the gross floor area is the sum of the areas for each story or level inclusive of basements, elevator shafts, stairwells, and floor space used for mechanical equipment as measured from the outer face of exterior walls. Groundwater: All water found beneath the surface of the ground. As used in this Bylaw, the term refers to the subsurface water present in aquifers and recharge areas. ZONING BYLAWS ASADOPTED, MENDED & APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 9 of 120 NCLUDING ALLAMENDMENTS TOM AY, 2009 T OWN OF H ANOVER Hazardous Material or Waste: Any product, waste, or combination of substances which because of quantity, concentration, or physical, chemical, or infectious character istics, poses a substantial present or potential hazard to human health and safety, while stored, transported, used, disposed of, or otherwise managed. Any substance deemed a hazardous waste in Chapter 21C of the Massach usetts General Laws and its implementing regulations found at 310 CMR 30.00 et seq., shall be deemed hazardous material for the purpose of this Bylaw. Home Occupation: An occupation, profession, activity, or use th at is clearly a customary, incidental, and secondary use of a residential dwelling unit and which do es not employ or utilize no n-resident personnel on the premises and which does not alter the exterior of th e property or affect the residential character of the neighborhood in which it occurs. Occupations such as dr essmaking, preserving or home cooking, repair of portable equipment or appliances, real estate agent, craf t manufacturing, selling and coll ecting of antiques, giving private music and dance lessons, are all included in this definition but a beauty parlor, barber shop, convalescent or nursing home, tourist home, or similar establishment offering services to the general public are not. Hotel, Inn, Motel, Tourist Court or Lodging House: A facility offering transient lodging accommodations and/or cooking facilities at a daily rate to the general public and providing a dditional services such as restaurants, meeting rooms, and recreational facilities. Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces suc h as compacted sand and gravel, or clay, as well as most conventionally surfaced streets, roofs, roadways, sidewalks, parking lots, and other similar structures. Kennel: An establishment, enclosure, or facility housing dogs, cats, or other household pets, where grooming, breeding, boarding, training, or selling of animals is conducted for business purposes. Leachable Waste: Waste materials including solid wastes, sludge, and agricultural wastes that are capable of releasing water-borne contaminants to the surrounding environment. Loading Space, Off Street: An off-street space or berth which has acce ss to a way, alley, driveway, or other appropriate means of ingress and egress, is located on the same lot with a building and is used for the temporary parking of vehicles while loading or unloading merchandise or material. Lot, Corner: A lot abutting on two (2) or more streets or ways at their intersection. Lot Coverage: That portion of a lot covered by all buildings, structures, pavement and any other impervious surfaces. Maximum High Groundwater Elevation: The highest seasonal elevation of the surface of the zone of saturation that has been historically documented or calculated. Membership Club: A private organization, building or grounds, to which membership is limited or controlled. Mining of Land: The removal of geologic materials including, but not limited to, topsoil, sand, gravel, or bedrock. Mobile Home: A transportable, factory built home which is draw n by or used in connection with a motor vehicle and is designed and constructed to permit human habitation, whether resting on wheels, jacks or other foundations. A mobile home is further defined to mean a dwelling unit built on a chassis and containing complete electrical, plumbing, and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters. ZONING BYLAWS ASA DOPTE, MENDED & APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 10 of 120 INCLUDINGALLAMENDMENTS TOM AY, 2009 TOWN OF H ANOVER Non-Conformance: A condition, other than use, structure or lot, that does not comply with certain zoning regulations. A pre-existing non-conformance is one which complied with applicable regulations at the time that the condition was established -- e.g., buffers, landscaping, parking, signs, and/or other similar conditions. Non-Conforming Lot: A lot that does not comply with the dimensional regulations for the zoning district in which it is located. A pre-existing , non-conforming lot is one which co mplied with applicable dimensional regulations at the time the lot was established. Non-Conforming Structure: A structure that does not comply with the regulations relative to size and/or location on a lot for the zoning district in which such structure is located. A pre-existing, non-conforming structure is one which complied with applicable regulations at the time the structure was established. Non-Conforming Use: A use of land or buildings which does not conform to the use regulations for the zoning district in which it exists. A pre-existing, non-conforming use is one which complied with applicable use regulations at the time the use was established or the structure was constructed. Nude Entertainment Establishment: An establishment which displays live nudity for its patrons or which provides live entertainment for its patrons, which entertainment includes the display of nudity, as that term is defined in Section 31 of Chapter 272 of the Massachusetts General Laws. Overlay District: A zoning district which overlies ot her zoning districts. The provisions and restrictions of an overlay district take precedence over those of the underlying zoning district(s). Permit Granting Authority: For purposes of this Bylaw, the Zoning Board of Appeals shall be the "Permit Granting Authority". Permitted Use: A use authorized within a specific zoning distri ct only upon the grant of a Special Permit by the Permit Granting Authority or by the Special Permit Granti ng Authority. Said Special Permits shall be subject to general and/or specific conditions as provided. Personal Wireless Services: A form of wireless telecommunications which currently includes cellular telephones, personal communications systems and paging services an d in the future may include computer networking and wireless Internet access. Planned Residential Development for Seniors: A unified, self contained, residential retirement community, constructed expressly for and specifically limited to use and residency by persons who are fifty five (55) years of age or older, and including one or more types of residential dwellings, undertaken in accordance with an overall plan, incorporating a consistent architectural concept and inco rporating the preservation of natural areas within the development. Pre-Existing: When used in this Bylaw in conjunction with th e terms Non-Conformance, Non-Conforming Lot, Non-Conforming Structure, or Non-Conforming Use, the term "Pre-Existing" shall mean a situation that existed prior to the adoption of this Bylaw, or any amendment thereto, which caused said lot, structure, use, or other non- conformity to become non-conforming. Renewable Energy: (i) resources whose common characteristic is that they are nondepletable or are naturally replenishable but flow-limited; or (ii) existing or emer ging non-fossil fuel energy sources or technologies, which have significant potential for commercialization in New England and New York, and shall include the following: ZONINGB YLAWS ASADOPTED, MENDED& APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 11 of 120 NCLUDINGALLAMENDMENTS TO MAY, 2009 T OWN OF H ANOVER solar photovoltaic or solar thermal electric energy; wind energy; ocean thermal, wave, or tidal energy; geothermal; fuel cells; landfill gas; waste-to-energy which is a component of conventional municipal solid waste plant technology in commercial use; naturally flowing water and hydroelectric; and low emission advanced biomass power conversion technologies using such fuels such as wood, by-products or wa ste from agricultural crops, food or animals, energy crops, biogas, liquid biofuel including but not limited to biod iesel, organic refuse-derived fuel, or algae; provided, however, that renewable energy supplies shall not include co al, oil, natural gas except when used in fuel cells, and nuclear power. Retreat Lot: An oversized lot, generally set some distance back from the way which provides access to the lot, which lot has less than the requisite 150 feet of frontag e in the Residence A District and which lot has been permitted by Special Permit in accordance with the provisions of Section 6.030A. of this Zoning Bylaw. Sanitary Waste: Wastewaters arising from ordinary domestic water use as from toilets, sinks, bathing facilities, etc., and containing such concentrations and types of pollutants as to be considered normal wastes. Service Station: Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automob ile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. Setback: The minimum distance that a building or structure and any accessory building(s) shall be separated from the front, rear and/or side lot lines ofa lot. Specific front, rear and/or si de setback distances for each Zoning District may be found in Section 7 of this Bylaw. Sign: A structure, device, or visual communication designed or intended to convey information to the public in written or pictorial form. Slug: Defined as, but not limited to, a parcel of land or portion of a lot, the primary purpose of which is to separate a parcel, lot, and/or use, one from another. A parcel of land and/or portion of a lot shall automatically be deemed to be a slug if no primary or accessory structure whatsoever could be constru cted or erected upon or within said parcel of land and/or portion of a lot. Solid Waste: Unwanted or discarded solid material with insufficient liquid content to be free flowing. This includes, but is not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material, and landscape refuse. Special Permit Granting Authority: For purposes of this Bylaw, the Planning Board shall be the "Special Permit Granting Authority", unless some other Board or Commission is expressly indicated. Story: That portion of a building that includes the space be tween the surface of any floor and the surface of the next floor above it, or, if no floor exists above it, the sp ace between such floor and th e ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof. One-half (1/2) story means any story or space situated wholly or partly in the roof, so designed, arranged, or built to be used for storage or habitation. Street: A public or private way used, or intended to be used, for passage or travel. Structure: Anything constructed or erected, except a boundary wall or fence, the use of which requires location on the ground or attachment to something on the ground. Examples of structures include, but are not limited to, ZONING BYLAWS ASA DOPTE, MENDED & APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 12 of 120 INCLUDINGALLAMENDMENTS TOM AY, 2009 TOWN OF H ANOVER buildings, swimming pools (above-ground or in-ground), reta ining walls, sheds, vending or dispensing machines of twenty (20) square feet or more, and communications towers or structures. Telecommunications Antenna: Antenna installed for the primary purpose of transmitting and receiving telecommunications signals. Telecommunications Tower: A structure designed and constructed for the primary purpose of the installation of telecommunications antennae. Town House: A building designed and/or used exclusively for resi dential purposes and containing three (3) or more dwelling units, not to exceed ten (10), constructed side by side with each unit separated from the next unit by a common party wall extending from th e floor of the basement (or from the top of the slab forming the foundation) to the roof line. Trailer: A vehicle or object on wheels which has no motive power of its own, but which is drawn by or used in connection with a motor vehicl e. A storage trailer is one which is designed, constructed and utilized for the principal purpose of storing goods or material and is generally located in a stationary position. A utility trailer is one which is designed, constructed and utilized for the principa l purpose of transporting equipment, goods or material from one location to another. Turning Radius: A curved section of a street forming a portion of a closed loop or circle, commonly referred to as a cul-de-sac, provided to facilitate vehicular traffic at the terminus of what would otherwise be a dead-end street. Upland Area: That area exclusive of wetland resource areas and floodplains as defined by Section 40 of Chapter 131 of the Massachusetts General Laws, as amended and its implementing regulations, 310 CMR 10.00 et. seq. Way: A vehicular or pedestrian thoroughfare, which is either: 1) A public way laid out by a governmental entity or public authority pursuant to Massachusetts General Laws; 2) A way that has been accepted as a public way by a majority vote of the Town at an Annual Town Meeting; 3) A way that is shown on a plan approved, endo rsed and constructed in accordance with the Subdivision Rules and Regulations of the Town of Hanover; or 4) A way, in existence when the Subdivision Control Law became effective in the Town, that is certified by the Planning Board as having sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic inrelation to the proposed use of the land abutting thereon or served thereby and to provide for the installation of municipal services to serve such land. Way Line: The dividing line between a way and a lot. In the case of a public way, the line established by the public authority laying out the way upon which the lot abuts. Wetlands Resource Area: For purposes of this Bylaw, wetlands reso urce areas shall include both freshwater and coastal wetlands as determined by the Hanover Conserva tion Commission, or as defined by Section 40 of Chapter 131 of the Massachusetts General Laws as amended and its implementing regulations, 310 CMR 10.00 et seq. Examples of wetlands resource areas include, but are not limited to: wet meadows, marshes, swamps, bogs, areas ZONINGB YLAWS ASADOPTED, MENDED& APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 13 of 120 NCLUDINGALLAMENDMENTS TO MAY, 2009 T OWN OF HANOVER where groundwater or flowing or standing surface water or ice provides a signific ant portion of the supporting substrata for a plant community for at least five (5) mont hs of the year; land under any lake, pond, river, stream, creek or estuary; any bank, marsh, swamp, meadow or other lowland subject to tidal action or storm flooding or flowage and land within the 200 foot riverfront area associa ted with all rivers and perennial streams. In an instance where a conflict exists between wetlands resource areas as defined by the Massachusetts General Laws, and a determination by the Hanover Conservation Commission, the latter shall apply. Wireless Telecommunications: Communications via a signal sent through the air. Such communications include radio, television and personal wireless services. Yard: Any open space located on the same lot with a building. ZONINGBYLAWS ASADOPTED, MENDED& APPROVED TOWN OFHANOVER, ASSACHUSETTS Page 14 of 120 INCLUDINA LLAMENDMENTS TM AY, 2009 T s t c i r t s i D – 3 n o i t c e S SECTISOUNMSMARY 3.000 Establishment of Districts 3.100 Location of Districts 3.200 Location of Boundaries of Districts 3.300 Use Beyond a Boundary Line 3.000 – ESTABLISHMENT OF DISTRICTS 3.010 For the purposes of this Bylaw, the Town of Hanover is divided into the following types of districts: A. Residence A District B. Business District C. Commercial District D. Planned Shopping Center District E. Limited Industrial District F. Industrial District G. Fireworks District H. Flood Plain Protection District (Overlay District) I. Water Resource Protection District, which consists of the Aquifer Protection Zone and the Well Protection Zones. (Overlay Districts) J. Wireless Telecommunications District (Overlay District) K. Adult Use District (Overlay District) L. Interchange District (Overlay District) 3.100 – LOCATION OF DISTRICTS : 3.110 Said districts are hereby established as shown, located, defined and bounded on a map entitled "Zoning Map of the Town of Hanover, Massachusetts", prepared by Perkins Engineering, dated June 10, 1981, and filed with the Office of the Town Clerk as subsequently amen ded in accordance with Section 14 of this Bylaw. Said map, together with all explanat ory matter thereon, is hereby incor porated in and made a part of this Bylaw. 3.120 Maps currently in effect for the overlay districts are on file with the Town Clerk and consist of: A. Two (2) Flood Plain Overlay District Maps as follows: 1. "Flood Insurance Rate Map, Town of Hanover, Massachusetts" prepared by the U.S. Federal Emergency Management Agency, consisti #250266-0006A, dated Dec. 15,1982. TOWN OHANOVER, ASSACHUSETTS Page TOWN OF H ANOVER 2. "Flood Boundary and Floodway Map, Town of Hanover, Massachusetts" prepared by the U.S. Federal Emergency Management Agency, consisting of six sheets #250266-0001 to #250266-0006 dated Dec. 15, 1982. B. The Aquifer Protection Zone as delineated on the Zoning Map identified in Section 3.110, above. C. Four (4) overlay district maps pertaining to the Water Resource Protection District as follows: 1. Well Protection Zone, Figure 1, Pond Street, Well Field. 2. Well Protection Zone, Figure 2, Hanover Street, Well Field. 3. Well Protection Zone, Figure 3, Broadway, Well Field. 4. Well Protection Zone, Figure 4, Beal Well Field. D. The Wireless Telecommunications District, an Overlay District delineated as follows: 1. All that land included in the Planned Shopping Center District. 2. All that land that is included in the Comme rcial and Limited Industrial Districts and is located to the northeast of Route 3. 3. All that land included in the Industrial and Fireworks Districts. 4. All that land included in a so called Municipal District comprised of Lots 2, 3, 26, 35 and 36 on Assessors’ Plan 48; Lot 10 on Assessors’ Plan 55; Lots 1, 2, 8, 13, 18, 41 and 43 on Assessors’ Plan 56; Lot 82 on Assessors’ Pl an 57; Lot 1 on Assessors’ Plan 63; Lot 103 on Assessors’ Plan 64; and Lot 2 on Assessors’ Plan 65. E. The Adult Use District, an Overlay District, delineated as follows: 1. All that land included in the Planned Shopping Center District. 2. That portion of the Commercial District and Limited Industrial District which lies northeasterly of the westerly way line of Route 3. 3.200 – LOCATION OF BOUNDARIES OF DISTRICTS 3.210 Where the boundary lines are shown upon the Zoning Ma p to be within the way lines of public or private ways, or within utility transmission line easements, th e center lines of such ways or easements shall be the district boundary lines, unless otherwise indicated. 3.220 Boundary lines located outside of such way lines or transmission line easements and shown approximately parallel thereto shall be regarded as parallel to sucways or transmission lines, and dimensions shown in figures placed upon the Zoning Map between such bound ary lines and such ways or transmission lines are the distances in feet of such bound ary lines from the center line of such ways or transmission line easements. Distances shall be measured at right angles to such lines unless otherwise indicated. ZONING BYLAWS ASADOPTED, MENDED & APPROVED TOWN OFH ANOVER, ASSACHUSETTS Page 16 of 120 NCLUDING ALLAMENDMENTS TOM AY, 2009 TOWN OF HANOVER 3.230 Where a district boundary line appears to closely appr oximate the location of property or lot lines, and no offset dimension is shown between the property or lot line and the boundary line, then the property or lot line shall be the district boundary line. 3.240 In all cases not covered by the above provisions of this Section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon the Zoning Map, by the use of identifications as shown on the Map, or by the scale of said Map. 3.300 – USE BEYOND A BOUNDARY LINE 3.310 When the boundary line separating the Business Dist rict and the Commercial District from each other divides a lot, existing at the time such line is adopted, any building or use allowed in either district shall be allowed for the entire lot and any building or use permitted in either district shall be permitted for the entire lot. 3.320 When the boundary line separating the Residence A Di strict from a non-residential district divides a lot, existing at the time such line is adopted, no non-residential uses, structures, appurtenances (such as disposal systems or detention/retention basins and the like), or site preparation work shall cross the boundary line into the Residence A District. If a non-residential use utilizes any Residence A District land for coverage, density or similar requirements, the more restrictive requirements (See Se ction 7) of the districts involved shall apply. ZONINGBYLAWS Page 17 of 120 ASADOPTED, MENDED & APPROVED TOWN OFH ANOVE, MASSACHUSETTS INCLUDINGALLAMENDMENTS TOMAY, 2009 TOWN OF H ANOVER Section 4 – Pre-Existing, Non- Conforming Uses, Structures, Lo atntdhNeorn-Conformances SECTISOUNMSMARY 4.000 Expansion of Existing Uses or Structures 4.100 Pre-Exist, on-Conformig ses 4.200 Pre-Exist, on-ConforminStructures 4.300 Pre-Exist, on-ConforminLots 4.400 Othrre-ExistiNon-Conformances 4.000 – EXPANSION OF EXISTING USES AND/OR STRUCTURES For purposes of this Bylaw, an expansi on shall include, but not be limited to, any or all of the following: greater coverageoflandareawith structures or paving or other non-vegetative uses; any increase in parking or storage or display of vehicles or goods; any increase in the volumeof a structure by means of anaddition, or enlargement; or, the placement of accessory structures or accessory uses such as gas pumps, storage sheds, outdoor displays and other similar structures or uses. 4.100 – PRE-EXISTING, NON-CONFORMING USES 4.110pre-existn,on-conforming use may continue, provided that: A. No increase in the extent of pre-existing, non-conforming use of a structure or land and no alteration of a structure utilizedfor non-conforming povide for the same non-conforming use to a greater extentshall be made, except: 1. Subject to the grant of a Special Permit from the Zoning Board of Appeals after a finding by said Board that such expansio n of use shall not be substant ially more detrimental to the neighborhood than the existingnon-conforming use, pre, non-conforming agricultural and residential uses may be expanded within se tback and building code limitations, provided that such expansion itself conforms to all dimensional regulations of Section 7 of this Zoning Bylaw and provided that, other than use, there isno extension or intensification of any existing non-conformances andno creation of anynew non-conformances. 2. Subject in each case to a Special Permit from the Zoning Boardof Appeals under the Site Plan procedure specified in Section 10, otheing, non-conforming usesmay be expanded up to twenty-five percent (25%) in volume, floor areaand/or land utilizationarea greater than that which existed prior to that point in time atwhich the use became non-conforming. The Board shall not grant a Special Permit unless it finds thatsuch expansion will notbe substantially more detrimental to the neighborhood than the existing non-conforming use; and further that such expansion will not result in any violation of the dimensional requirements of this Bylaw as set forth in Section 7. If such a pre-exn-conforming use is located in the Water Resource Protection District, the criteria for the issuance of a Special Permit for that District shall apply (see Section 6.800). ZONINBYLAWS Page 18 of 120 ASADOPTE,MENDED& APPROVED TOWN OHANOVE, ASSACHUSETTS NCLUDINALLAMENDMENTS MAY, 2009 T OWN OF H ANOVER 4.120 A pre-existing, non-conforming use may be changed in accordance with the following: A. A pre-existing, non-conforminguse shall not be changed toany other non-conforming use. B. A pre-existing, non-conforming use may be changed to a conforming use subj ect to the grant of a Special Permit from the Zoning Board of Appeals after a finding bysaid Board that such change of use shall not be substantially more detrimental to the neighborhood thanthe existing non-conforming use and provided that there is no extension or intensif ication of any existing non-conformances and no creation of any new non-conformances. 4.130 If a pre-existing, non-conforming use is discontinued or abandoned fora period of more than two (2) years, it shall not be re-established and any future use shall conformance with this Bylaw.For the purposes of this Section, a use shall be deemed to be discontinued or abandoned when the structure and/or lot on which the use occurs is marketedfor any use other thanits current use. 4.200 – PRE-EXISTING NON-CONFORMING STRUCTURES 4.210 A pre-existing, non-conforming structure destroyed or dm a aged by fire, explosion orother catastrophe may be rebuilt or restored at the same location and again used as previously, provided that said owner shall apply for and obtain a building permit and start operations for restoring or rebuilding onsaid premises within twelve (12) months after such catastrophe, andprovided that reconstruction is completed and occupancy begun within two (2) years after the issuance of saidbuilding permit, and further provided that thestructure as restored shall not be greater in volume or area than that which existed previously, that there shall neither be any extension or intensification of any previously existing, non-conformances nor the creation of any new non-conformances and that said structure shall beconstructed in accordance with theMassachusetts State Building Code. 4.220 The use of a pre-existing,non-conforming structure ma y continue provided that: A. No pre-existing, non-conforming structure shall bealtered or extended except in accordance with the following: 1. Pre-existing, non conforming single family or o family residential dwellings may be altered or extended in accordance with the provisions of Section 6.010 I. of this Zoning Bylaw provided that such alteration or ens