Public Hearings Planned for Major Changes to Zoning Ordinance

Input needed from residents and property owners

By Paul Currier, Planning Board Chair

The Andover Planning Board has been working to refine proposed changes to the Andover Zoning Ordinance. Six changes are proposed, which are intended both to update the ordinance and to implement some of the recommendations of the Master Plan adopted in 2013.

The Board needs input from Andover residents and property owners about the proposed changes. Two public hearings are scheduled, one on Tuesday, June 23, at 7:30 PM in the Town Hall, and one in the fall, on a date to be announced.

We hope you will take time to become familiar with the proposed amendments and bring your questions, comments, and recommendations to the Planning Board. You can do this at the hearing on June 23, at the hearing in the fall, by mail to Planning Board, Town of Andover, PO Box 61, Andover NH 03216-0661, or by e-mail to the Town Administrator at TAdmin@nullAndover-NH.gov.

Also, you can just show up between 8:30 and 9 PM at a Planning Board meeting on the second and fourth Tuesdays this summer or next fall.

The text of the proposed changes is on the Town Web site at Andover.NH.us, or you can request an electronic copy by e-mail from the town administrator or drop by the Town Office and pick up a paper copy.

Major Revisions

The proposed amendments would be the first major revisions to the ordinance since 1978. In that year, the special exception process was amended to allow any use anywhere in town by special exception. Some other provisions have been added through the years – a floodplain ordinance, rules for cell phone towers, for small wind energy systems, and equitable waivers of dimensional requirements.

Basically, though, the ordinance has stayed pretty much the same for nearly 40 years. It is overdue for some updates and some new provisions to reflect almost half a century of changes in Andover and advances in land use planning law and practice in general.

Briefly, the proposed amendments would:

1) Substantially revise and update the list of permitted and special exception uses in all zoning districts. This is long overdue, as the old list from the original zoning ordinance is quite restrictive and outdated.

2) Create a new Business District along Route 11 between Route 4A and Route 4 in the vicinity of Belletetes and the Transfer station. One of the significant findings from the town-wide survey done for the 2013 Master Plan is that town residents would be in favor of locally-owned and operated business, with appropriate standards and safeguards. Creation of Andover’s first business district is a way to do this.

3) Revise the procedures for granting special exceptions. In 1978, the zoning ordinance was amended to allow any use in any zoning district by special exception. This has worked, after a fashion, for many years, but it is risky as it creates a possibility for any use whatever to be allowed anywhere in Andover, reviewed and approved only by the appointed Zoning Board of Adjustment.

If a new, expanded, and updated list of permitted and special exception uses is adopted, this risky provision will no longer be needed.

4) Add provisions for one “accessory apartment” to be created as an accessory use at a residential property. This would allow an apartment to be created for a relative, accessory to a main dwelling, and also allow a residential property owner to create a small apartment on the property for rental.

5) Adopt a more accurate zoning map, updated with the changes from proposed amendments above (if they are adopted).

6) Revise the land use provisions for the residential area of the Ragged Mountain Fish and Game Club to be more in line with the land use practices of the Club. The current Rural Residential zoning is not a good fit.

In summary, Andover has an updated Master Plan as of 2013. Our current zoning ordinance, which has served Andover well for nearly 40 years, needs to be updated to reflect two generations of change, including changes in the town itself, changes in state law, and advances in land use planning.

The Planning Board would like to know your ideas and opinions in order to draft proposed changes that will best serve Andover.