Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual

C. Provisions That May Vary . Variances may be granted by the BZA to the following provisions of these Zoning Regulations, and no others: 1. Minimum lot width and lot depth requirements, if they are not reduced more than 25%. 2. Minimum lot area for single-family and two-family dwellings , if it is not reduced more than 20%. 3. Minimum lot area per dwelling unit requirements for multiple-family dwellings, if they are not reduced more than 10%. 4. Applicable bulk regulations, including maximum height, maximum lot coverage, and minimum yard requirements. 5. Dimensions for permitted obstructions in required yards , including fences. 6. Applicable number of required off-street parking spaces and the amount of off-street loading requirements of Article 6 of these Zoning Regulations. 7. Applicable provisions for dimensions of signs , regarding general standards and district regulations of Article 8 of these Zoning Regulations. 8. Variances for the provisions listed above may also be granted in conjunction with conditional use applications for nonconforming, nonresidential structures and uses. (See Zoning Regulations, Section 9-104). 9. Applicable provisions of the City's Floodplain Regulations. (See definition of FLOODPLAIN, and Andover's current Floodplain Management Regulations.) D. Restrictions. 1. A variance must not be granted for: a. Underlying use. b. Any use not permitted by these Zoning Regulations in the zoning district where the variance is requested.
E. Conditions. The BZA may impose conditions on the premises granted a variance, as may be necessary to reduce potentially injurious effect on other property in the neighborhood, and to carry out the general purpose and intent of these Zoning Regulations. 1. Conditions may include requirements for : a. Actual construction of parking , screening, drainage or other elements to protect neighboring properties. b. Other conditions as may be required by the BZA. 2. Conditions may include guarantees for their provision. a. Guarantees may include covenants filed with the County Register of Deeds, which run with the land or the property, to guarantee that conditions will be carried out at a future date. b. Guarantees may include securities in the form of a corporate surety bond, cashier's check, escrow account, or other like security. (1) Securities must be conditioned on completion of required improvements within a specified time. (2) The amount of the required security will be fixed by the BZA. (3) Securities must be filed with the City Clerk, and may be enforced by the Governing Body by all equitable means. 2. Failure to comply with any of the conditions attached to a zoning permit for a variance constitutes a violation of these Zoning Regulations. 3. To change a condition at a later date, an Applicant must apply for a BZA rehearing, at which only the condition proposed to be changed will be reconsidered.
Main TOC Zoning TOC Board of Zoning Appeals

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