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Bellingham, Massachusetts - Zoning By-Laws 10 Mechanic St., Bellingham, MA 02019 Bellingham, Massachusetts Zoning By-Laws Section Description Table of Contents Article 1 Administration and Procedure Article 2 Use and Intensity Regulations Article 3 General Regulations Article 4 Special Regulations Article 5 Definitions http://www.bellinghamma.org/Pages/BellinghamMA_Planning/zoning?textPage5/20/11 12:35:56 AM] Revised: 01/11/2007 TABLE OF CONTENTS Page # ARTICLE # 1. ADMINISTRATION AND PROCEDURES 1 1100 Purpose 1 1200 Administration 1 1300 Board of Appeals 1 1400 Planning Board 3 1500 Special Permits 9 1600 Amendments 9 1700 Applicability 10 1800 Effective Date 10 1900 Separability 10 ARTICLE II. USE AND INTENSITY REGULATIONS 11 2100 Establishment of Districts 11 2200 Use Regulations 12 2300 Nonconforming Uses and Structures 12 2400 Use Regulations Schedule 13 2500 Intensity of Use Regulations 17 2600 Intensity of Use Schedule 19 ARTICLE III. GENERAL REGULATIONS 21 3100 Sign Regulations 21 3200 Environmental Controls 23 3300 Parking and Loading Requirements 28 3400 Major Proposals 32 3500 Landscaping Requirements 34 ARTICLE IV. SPECIAL REGULATIONS 36 4100 Accessory Uses 36 4200 Mobile Homes, Trailers and Campers 38 4300 Major Residential Development 38 4400 Special Residential Uses 44 4500 Flood Plain Requirements 47 4600 Earth Removal Regulations 47 4700 Major Business Complex 50 4800 Motor Vehicle Service Stations 51 4900 Water Resource Districts 51 5000 Wireless Communication Facilities 57 5100 Adult Uses 59 5200 Mill Reuse Overlay District 64 Mill Reuse Overlay District - MAP 73-A ARTICLE V. DEFINITIONS 74 Zoning MAP following 82 Water Resource District MAP following 82 ARTICLE 1. ADMINISTRATION AND PROCEDURE 1100. Purpose The purpose of this Bylaw is 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 overcrowding of land; to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water supply, drainage, schools, parks, open space, and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the Town, including consideration of the recommendations of the master plan, if any, adopted by the Bellingham Planning Board and the comprehensive plan, if any, of the Metropolitan Area Planning Council; and to preserve and increase amenities, pursuant to Chapters 40A, 40B, and 41 of the Massachusetts General Laws as amended, and Article 89 of the Amendments to the Constitution. 1200. Administration 1210. Responsibility. This Bylaw shall be enforced by the Inspector of Buildings, who shall take such action as may be necessary to enforce full compliance with the provisions of this Bylaw and of permits and variances issued hereunder, including notification of noncompliance and request for legal action through the Board of Selectmen to the Town Counsel. 1220. Compliance Certification. No "development" shall be undertaken without certification by the Inspector of Buildings that such action is in compliance with then applicable zoning or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state, or local law. Issuance of a Building Permit or Certificate of Use and Occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. "Development" for these purposes shall mean erecting, moving, substantially altering or changing the use of a building, sign, or other structure, or changing the principal use of land. 1230. Submittals. In addition to any information which may be required under the Massachusetts State Building Code, the Inspector of Buildings shall require of applicants such information as he deems necessary to determine compliance with this Zoning Bylaw. This may include such things as a Site Plan indicating land and building uses and provisions for vehicular parking and egress, location of flood plain control elevations, and evidence of performance compliance under Section 3200 Environmental Controls. 1240. Expiration. Construction or operations under a Building or Special Permit shall conform to any subsequent amendment of this Bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 1250. Penalty. Any person violating any of the provisions of this Bylaw, any of the conditions under which a permit is issued, or any decision rendered by the Board of Appeals shall be fined not more than $100 for each offense. Each day that such violation continues shall constitute a separate offense. 1300. Board of Appeals 1310. Establishment. The Board of Appeals shall consist of five members and three associate members, who shall be appointed by the Selectmen and shall act in all matters under this Bylaw in the manner prescribed by Chapters 40A, 40B, and 41 of the General Laws. 1320. Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this Bylaw. The Board's powers are as follows: Article 1 - Pa1e Amended through:ATM 05/23/2007 1321. To hear and decide applications for Special Permits upon which the Board is empowered to act under this Bylaw, in accordance with Section 1500 Special Permits. 1322. To hear and decide appeals or petitions for variances from the terms of this Bylaw, including variances for use, with respect to particular land or structures. Such variance shall be granted only in cases where the Board of Appeals finds all of the following: (a) A literal enforcement of the provisions of this Bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant. (b) The hardship is owning to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located. (c) Desirable relief may be granted without either: (1) substantial detriment to the public good; or (2) nullifying or substantially derogating from the intent or purpose of this Bylaw. 1323. To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by: (a) Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Ch.40A, by orG.L.; (b) The Metropolitan Area Planning Council; or by (c) Any person including any officer or Board of the Town of Bellingham or of any abutting town, if aggrieved by any order or decision of the Inspector of Buildings or other administrative official, in violation of any provision of Ch.40A, G.L.; or this Bylaw. 1324. To issue Comprehensive Permits. Comprehens ive Permits for construction may be issued by the Board of Appeals for construction of low- or moderate-income housing by a public agency or limited dividend or non-profit corporation, upon the Board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health or subdivision requirements, as authorized by Sec. 20-23, Ch.40B, G.L. 1325. To issue Withheld Building Permits. Building Permits withheld by the Inspector of Buildings acting under Sec.81Y, Ch.41, G.L., as a means of enforcing the Subdivision Control Law may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question. 1330. Public Hearings. The Board of Appeals shall hold public hearings in accordance with the provisions of the General Laws on all appeals and petitions brought before it. 1340. Repetitive Petitions. Repetitive petitions for exceptions, appeals and petitions for variances, and applications to the Board of Appeals shall be limited as provided in Sec. 16, Ch.40A, G.L. Article 1 - Pag2 Amended through:ATM 05/23/2007 1400. Planning Board 1410. Special Permits. In instances where this Bylaw provides for Special Permits to be acted upon by the Planning Board, those actions shall be based upon the considerations of Section 1500 Special Permits, unless specifically designated otherwise. 1420. Development Plan Approval The purpose of Development Plan Approval is to promote public health, safety, and welfare, by encouraging the laying out of parking, circulation, and buildings in a safe and convenient manner; to ensure that new developments are designed to protect and enhance the visual and environmental qualities of the Town, and to provide for an adequate review of development plans which may have significant impacts on traffic, drainage, town services, environmental quality and community character. 1421. Applicability . Unless proposed for single-family or two-family use, all development proposals are subject to Development Plan approval by the Planning Board if proposing any folltweino:f (a) a new building containing 1,000 or more square feet gross floor area; (b) an addition increasing ground coverage of any building by more than 2,500 square feet or, for buildings having ground coverage exceeding 10,000 square feet, an addition increasing that coverage by more than 10%; (c) substantial alteration to a parking facility having ten or more spaces; a change to an existing parking area that either results in fewer parking spaces than required by Section 3320; or (d) removal/disturbance of existing vegetative ground cover from more than 10,000 square feet of site area, unless done incidental to earth removal authorized by a special permit under Section 4630. No building permit for such development shall be granted prior to Planning Board approval, except as provided at Section 1422d. 1422. Procedure. (a) Applicants are urged to confer with the Town Planner/Consultant regarding the materials necessary for submittal for Development Plan Review, if applicable. (b) Development Plan materials shall be submitted to the Planning Board Office, or other party designated by the Planning Board, who shall forthwith make a determination of whether those materials are complete, and if they are not, shall so notify the applicant and the Inspector of Buildings. Prior to filing an application for Development Plan Approval with the Planning Board, the Applicant shall distribute the application packages to town boards/departments pursuant to the Planning Board’s Form K. A copy of the fully executed Form K shall be included in the application package submitted to the Planning Board. Those agencies and officials provided with copies shall report their comments on compliance to the Planning Board not later than the time of the Planning Board's public hearing. Failure of these agencies and officials to provide a report to the Planning Board for consideration at the public hearing shall constitute their approval of the project. Prior to voting on the Development Plan, the Planning Board shall hold a public hearing on the submission. The notice, posting, and publication of the public hearing on the Article 1 - Pag3 Amended through:ATM 05/23/2007 Development Plan shall be in accordance with the provisions of Section 11, Chapter 40A of the General Laws. Additionally, notice of the project, including a description of the project, date, time and location of the public hearing shall be posted prominently on the project site by the applicant. Prominently sham llean with a sign or signs of at least two feet by two feet in size and easily visible from eachoadway on which the property has frontage. The sign shall be yellow with black lettering, with large text at the top indicating “Public Hearing Notice.” c) The Planning Board shall determine whether or not the Development Plan complies with the requirements of Section 1425 Decision Standards within 60 days of the time that complete materials have been received by the Town Planner/Consultant, approving the Plan only if it does. Within 15 days of its vote on the Development Plan, a copy of the Development Plan decision shall be filed with the Town Clerk and Inspector of Buildings, with a copy being sent or hand delivered to the applicant. Any interested party aggrieved by the Development Plan decision may file an appeal with the Board of Appeals within 30 days of the date the decision was filed with the Town Clerk, as provided in M.G.L., Chapter 40A, Sections 8 and 15. The Inspector of Buildings shall not approve any building permit application subject to these provisions without receipt of Planning Board approval and expiration of a 30-day appeal period, as certified by the Town Clerk. (d) Failure of the Planning Board to vote within 60 days of filing shall constitute constructive approval. In this case, the Inspector of Buildings shall issue a Certificate of Constructive Approval and file such Certificate with the Town Clerk within 15 days of the Planning Board's failure to act. Appeals to the Certificate of Constructive Approval may be filed within 30 days of the date the decision was filed with the Town Clerk, as provided in M.G.L., Chapter 40A, Sections 8 and 15. Upon expiration of the statutory appeal period without appeal, the Inspector of Buildings may issue a building permit. (e) “As-Built” Information. As-built information shall be provided to the Department of Public Works after installation of all underground utilities (water, sewer, drain, gas, electric, communications, etc.) and site construction (roads, access ways, driveways, parking, landscaping, lighting, etc.) noted on the approved plans or referenced in the decisions of special permits issued by the Planning Board, and prior to issuance of certificate(s) of occupancy. As-built information shall consist of both a certification from a registered land surveyor, professional land surveyor, or professional engineer that all construction has been completed in accordance with the approved Development Plan, and a stamped As-Built Plan (Record Drawing) showing the location of all buildings and structures, all utilities, including septic system, leaching area, underground piping, vent pipes, drainage facilities, water wells, well piping, electric, gas, and telecommunications lines showing that all construction has been completed in accordance with the approved Development Plan. (f) To assurance that ongoing construction complies with the approved Development Plan, the Town shall inspect all waterworks, wastewater, stormwater pipes, pavement grading, and appurtenant construction. At least one week prior to commencement of construction, the DPW Director shall be notified by certified mail of the intended commencement. The Article 1 - Pag4 Amended through:ATM 05/23/2007 DPW Director shall upon receipt of notification, appoint an agent and instruct said agent to make continuing inspections of the work to insure compliance with the approved Development Plans. The wages of said agent are to be determined by the DPW Director and paid to the Town by the Applicant. If the agent is an employee of the Town, the cost will be the employees standard pay scale plus 50% for indirect payroll costs. If the agent is a consultant, the wages will in accordance with the agreement for services. 1423. Submittals. Prior to filing an application for Development Plan Approval with the Planning Board, the Applicant shall distribute the application packages to town boards/departments pursuant to the Planning Board’s Form K. A copy of the fully executed Form K shall be included in the application package submitted to the Planning Board. The following materials shall be submitted for Development Plan approval, except any not germane to the specific case, as determined by the Planning Board and communicated to the applicant in writing prior to submittal. Refer to the Planning Board’s Procedural Rules for additional information on submission requirements. (a) A site plan prepared by a land survey or, registered architect, landscape architect, professional engineer, showing the following: • A locus plan at the scale of 1” = 200’. • The project name, north arrow, date, scale, name and address of record owner or owners, applicant, engineer, architect and their proper seals of registration. Names of all abutters within 300 feet of the site boundaries as determined from the latest tax records. If the property owner is not the applicant, a statement of consent from the property owner should be included with the application. • Use and ownership of adjacent premises, approximate location of buildings within 50 feet of the site, and if the proposal entails on-site sewage disposal, the approximate location of any wells on or off the premises within 300 feet of the leaching field or other discharge location. • Location and boundaries of the site and of any lots proposed, frontage, and abutting land, and an indication of abutting land under same ownership. The location of zoning districts, and overlay zoning districts within the locus of the plan. • The location and footprint of existing and proposed buildings/structures, total area of buildings in square feet, streets, ways, drives, driveway openings within 300 feet of the site boundaries, walkways, service areas, parking spaces, loading areas, fences and screening, utilities, waste storage and disposal facilities, wells, and drainage facilities. • Existing and proposed topography, at a minimum contour interval of two feet, and vegetation, indicating areas of retained vegetation and identifying the location of significant trees, historic features, and unique natural land features. • Indication of wetlands and other areas subject to control under the Wetlands Protection Act, and the 100 foot zone surrounding such areas, identified through field survey acceptable to the Conservation Commission; Flood Plain and Floodway boundaries; and erosion control measures. Article 1 - Pa5e Amended through:ATM 05/23/2007 • The location and description of all proposed septic systems, water supply, storm drainage systems, utilities, and refuse and other disposal methods. • Landscape Plan showing planting areas, signs, fences, walls, walks and lighting, both existing and proposed. Location type, and screening details for all abutting properties and waste disposal containers. • The location, height, size, materials, and design of all proposed signage. • The location height, intensity, and bulb type of all external lighting fixtures, the direction of illumination, and methods to reduce glare onto adjoining properties. • Location and description of proposed open space and recreation areas. • A table of information showing how the plan conforms to the Zoning Bylaw. (b) Building floor plans and architectural elevations. A registered architect or engineer shall prepare the floor plans and architectural elevations, unless there is no building involved exceeding 35,000 cubic feet. Building elevation plans shall indicate the type and color of materials to be used on all facades. (c) A narrative describing the project, including: • proposed use(s); • building or addition size proposed, broken down by use, if applicable; • projected number of employees, hours of operation and description of shifts; • projected parking spaces required (show calculation based on building usage/employees); • proposed methods of screening the premises and parking from abutting property and the street; • a calculation of existing and proposed lot coverage; • projected Town water and sewer demand, if any; • a discussion of the status of all other requi red local, state and federal permits (copies of all permits issued for the project shall be included in the application package); • a discussion of how the project conforms with the Bellingham Master Plan (d) Drainage calculations/analysis. (e) A traffic study/analysis, if required (refe r to Planning Board’s Subdivision Rules and Regulations for detailed requirements). (f) Evaluation of Impact on Water Resources. The applicant shall submit such materials on the measures proposed to prevent pollution of surface and ground water, erosion of soil, excessive runoff of precipitation, excessive raising or lowering of the water table, or flooding of other properties. The evaluation shall include the predicted impacts of the development on Article 1 - Pa6e Amended through:ATM 05/23/2007 the aquifer, and if applicable, and compare the environmental impacts to the carrying capacity of the aquifer. (g) Evaluation of Impact on Landscape. The applicant shall submit an explanation, with sketches as needed, of design features intended to integrate the proposed new buildings, structures and plantings into the existing landscape to preserve and enhance existing aesthetic assets of the site, to screen objectionable features from neighbors and public areas. (h) Any additional studies or other materials required under this Section, under Section 3200 Environmental Controls, and elsewhere in this Bylaw. (i) A Development Plan filing fee, as required in the Planning Board Rules and Procedures. 1424. Proposals in Two Municipalities. Where a proposal is located in part in the Town of Bellingham and in part in an adjacent municipality, the provisions of Development Plan Review shall apply as follows. (a) Applicability of Development Plan Review shall be determined by testing the entire proposal in both communities against the thresholds of Section 1421. (b) Submittals for the portion lying in the Town of Bellingham shall be as specified at Section 1423. For portions lying outside the Town, only those items necessary for the determinations of paragraph (c) need be submitted. (c) The proposal shall be approved provided that the portion lying within the Town of Bellingham complies with the requirements of the Zoning Bylaw and provided that outcomes from the entire development for impacts limited by the terms of this Bylaw, such as light overspill (Section 3232), comply as measured in Bellingham. 1425. Decision Standards. The Planning Board shall approve a Development Plan only upon its determination that: (a) The performance requirements of this By-Law (e.g. Section 3200 Environmental Controls and Section 3300 Parking and Loading Requirements) have been met. (b) For the given location and type and extent of land use, the design of building form, building location, egress points, grading, and other elements of the development could not reasonably be altered to: (1) improve pedestrian or vehicular safety within the site and egressing from it; (2) reduce the visual intrusion of parking areas viewed from public ways or abutting premises; (3) reduce the volume of cut or fill; (4) reduce the number of removed trees 8” trunk diameter and larger; (5) reduce soil erosion; (6) reduce hazard or inconvenience to pedestrians from storm water flow and ponding. (c) Adequate access is provided to each structure for fire and service equipment. Article 1 - Pag7 Amended through:ATM 05/23/2007 (d) Adequate utility service and drainage is provided, consistent where apt with the performance intent of the Design Standards of the Subdivision Regulations of the Bellingham Planning Board, as in effect at the time of the submission of the Development Plan. (e) Adequate capacity is available on impacted streets to accommodate the proposed project, based on a traffic study prepared in accordance with the traffic guidelines/regulations contained in the appendix of the Planning Board’s Rules and Regulations for the Subdivision of Land. If a development is projected to cause a decrease in level of service (LOS) over the no-build condition on impacted streets, the Planning Board, at its sole discretion, may require implementation of mitigative measures and/or Transportation Demand Management (TDM) measures to restore the LOS to the no-build condition. (f) No other zoning violations are observed. 1426. Duration of Approval. Development Plan Approval shall become void two years from the date of issue, which two years shall not include time required to pursue or await determination of an appeal referred to in MGL c. 40A, Section 15, unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion. In such case a request for extension of the date of completion must be submitted to the Planning Board in writing no less than 30 days prior to the date of expiration. 1427. Performance Guarantee. As a condition of Development Plan Approval, the Planning Board may require that a performance guarantee, secured by deposit of money or negotiable securities, in the form selected by the Planning Board be posted with the town to guarantee completion of improvements to be made in compliance with the plans submitted and approved hereunder. The amount of security shall be determined by an estimate from the applicant’s engineer which may be confirmed or increased by the Board. The town may use the secured funds for their stated purpose in the event that the applicant not complete all improvements in a manner satisfactory to the Board within two years from the date of approval, or the final date of the last extension of such approval, if any. 1430. Site Plan Review. The purpose of the Site Plan Review is to promote public health, safety and welfare by encouraging the laying out of parking, egress and change in uses in a safe and convenient manner for existing structures and/or construction of new development that do not require a Development Plan Review. 1431. Applicability. The following development proposals, unless required to receive Development Plan Approval under Section 1420, require Site Plan Review by the Planning Board prior to approval for a building or occupancy permit by the Inspector of Buildings. (a) Any non-residential development in a Business 1, Business 2 or Industrial Zone exceeding 10,000 square feet. (b) Any change from a dwelling or residence in a Business 1, Business 2 or Industrial Zone to a business or industrial use excluding, however, Home Occupations under Section 4110. 1432. Procedure. Materials required for Site Plan Review shall be submitted to the Inspector of Buildings with or prior to application for a building or occupancy permit requiring Site Plan Review. The Inspector of Buildings shall forthwith transmit such materials to the Planning Board, along with notification of the date by whic h action on the permit application is required. The Planning Board shall consider the materials at a meeting, and shall report its findings in Article 1 - Pa8e Amended through:ATM 05/23/2007 writingto the Inspector of Buildings prior to the date on which he must act on the permit application. Failure to do so shall be construed as lack of objection. The inspector of Buildings shall approve applications subject to Site Plan Review only consistent with Planning Board findings timefully received. 1433. Submittals. The applicant shall provide as much of the materials specified at Section 1423 for Development Plan Approval as is reasonably necessary for the Planning Board to determine compliance with Section 1425 Decision Standards, and a filing fee as required under a schedule of fees to be established and from time to time amended by the Planning Board, based upon the actual cost of review. Applicants are urged to confer with the Town Planner regarding the materials necessary for submittal for Site Plan Review. 1440. Planning Board Associate Member . As authorized in Section 9 of Chapter 40A, there shall be one Associate Member of the Planning Bo ard. Such associate shall act on special permit applications when designated to do so by the Planning Board Chairman, in case of absence, inability to act, or conflict of interest on the part of any member of the board, or in the event of a vacancy on the board. The associate member shall be appointed for a three year term by majority vote of the Selectmen and members of the Planning Board, in the same manner as for filling a vacancy. 1450. Repetitive Petitions. Repetitive petitions for appeals, special permits and applications to the Planning Board shall be limited as provided in Sec. 16, Ch. 40A, M.G.L. 1500. Special Permits 1510. Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority. 1520. Public Hearings. Special Permits shall only be issued following public hearings held within 65 days after filing with the Special Permit Granting Authority an application, a copy of which shall forthwith be given to the Town Clerk by the applicant. 1530. Criteria. Special Permits shall be granted by the Special Permit Granting Authority only upon its written determination that the proposed use will not have adverse effects which over-balance its beneficial effects on either the neighborhood or the Town, in view of the particular characteristics of the site and of the proposal in relation to that site. The determination shall indicate consideration of each of the following: (a) social, economic or community needs which are served by the proposal; (b) traffic flow and safety; (c) adequacy of utilities and other public services; (d) neighborhood character and social structures; (e) qualities of the natural environment; (f) potential fiscal impact 1540. Permit Recording. Special permits shall not take effect until the Board which acted on the permit has received documentation from the applicant that a copy of the decision, certified by the Town Clerk, has been recorded in the Norfolk County Registry of Deeds, as required at Section 11 of Chapter 40A MGL. 1550. Expiration. Special Permits shall lapse within 12 months of Special Permit approval (plus time required to pursue or await the determination of an appeal referred to in Sec. 17, Ch.40A, G.L., from the grant thereof) if a substantial use thereof or construction has not begun, except for good cause. 1600. Amendments Article 1 - Pag9 Amended through:ATM 05/23/2007 This Bylaw may from time to time be changed by amendment, addition or repeal by the Town Meeting in the manner provided in Sec. 5, Ch.40A, G.L., and any amendments therein. 1700. Applicability Where the application of this Bylaw imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this Bylaw shall control. 1800. Effective Date The effective date of any amendment of this Zoning Bylaw shall be the date on which such amendment was voted upon by a Town Meeting, as provided by Sec.5, Ch.40a, M.G.L. 1900. Separability The invalidity of any Section or provision of this Bylaw shall not invalidate any other Section or provision hereof. Article 1 - Page 10 Amended through:ATM 05/23/2007 ARTICLE II. USE AND INTENSITY REGULATIONS 2100. Establishment of Districts 2110. For purposes of this Bylaw, the Town of Bellingham is hereby divided into the following types of districts Agricultural District.......................................A Suburban District............................................S Residential District.........................................R Multifamily Dwelling District........................M Business District.............................................B-1, B-2 Industrial District............................................I The boundaries of these districts are defined and bounded on the map entitled "Zoning Map, Bellingham, Massachusetts," on file with the Town Clerk. That map and all explanatory matter thereon is hereby made a part of this Bylaw. In addition, there are five overlay districts: Floodplain District as established Section 4510, Water Resource District as established at Section 4920, Adult Use Districts #1 and #2 as established at Section 5100, and the Mill Reuse Overlay District as established at Section 5200. 2120. Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad, or utility easement center or layout lines, boundary or lot lines, or the channel of a stream, shall be construed to be actually at those lines; when shown approximately parallel, perpendicular, or radial to such lines shall be construed to be actually parallel, perpendicular, or radial thereto; when appearing to follow shoreline shall coincide with the mean low-water line. When not locatable in any other way, boundaries shall be determined by scale from the map. 2130. Where a district boundary line divides any lot existing at the time such boundary line is adopted, the Zoning regulations shall apply as follows. (a) In the case of a use allowed in both districts, the lot shall be considered as a whole, and the dimensional regulations of the district in which the majority of the lot frontage lies shall apply to the entire lot. (b) In the case of a use not allowed in one of the districts in which the lot lies, but allowed in another, the lot shall be considered as if divided into separate portions by either the district boundary line or a line parallel to that line and not more than 30 feet within the less restricted district, with development of each resulting portion of the lot to meet all requirements of the district in which the majority of that portion's frontage is located (including use, lot area, frontage, and yards). 2140. When a lot in one ownership is situated in part in the Town of Bellingham and in part in an adjacent municipality, the provisions of this Bylaw shall be applied to that portion of the lot lying in the Town of Bellingham in the same manner as if the entire lot were situated therein. Amt-nud05:2t/2007 11 2200. Use Regulations 2210. No building or structure shall be erected or used and no premises shall be used except as set forth in the "Use Regulations Schedule," or as exempted by Section 2300 or by statute. Symbols employed shall mean the following: perusitted - Yes No - An excluded or prohibited use Use authorized under Special Permit as provided for in Section 1500: BA - Acted on by the Board of Appeals PB - Acted on by the Planning Board BS - Acted on by the Board of Selectmen 2220. Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific the more restrictive shall govern. Uses listed nowhere in Section 2400 are prohibited, except that such a use may be allowed on Special Permit if the Board of Appeals determines that it closely resembles in its neighborhood impacts a use allowed or allowed on Special Permit in that district. 2300. Nonconforming Uses and Structures Legally preexisting nonconforming structures and uses may be continued, subject to the following: 2310. Change, Extension or Alteration. As provided in Section 6, Ch.40A, G.L., a nonconforming single or two-family dwelling may be altered or extended provided that doing so does not increase the nonconforming nature of said structure. Other preexisting nonconforming structures or uses may be extended, altered, or changed in use on Special Permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. R2est0.ation . Any legally nonconforming building or structure may be reconstructed if destroyed by fire or other accidental or natural cause if reconstructed within a period of two years from the date of the catastrophe, or else such reconstruction must comply with this Bylaw. 2330. Abandonment. A nonconforming use which has been abandoned, or discontinued for a period of two years, shall not be reestablished. Any future use of the premises shall conform with this Bylaw. 2340. Replacement. Replacement of mobile homes or commercial vehicles parked in nonconformity with Section 2400 is not permitted, even where such replacement does not increase the extent of nonconformity. Amt-ndg052rt2007 12 2400. Use Regulations Schedule D I S T R I C T ACTIVITY OR USE A S,R M B-1 I B-2 AGRICULTUU RAES Livestock raising on parcel under five acYES NO NO NO NO 1 Other farm YES YES YES YES YES Greenhouse with retail sales YES YES YES YES YES wholesale only YES YES YES YES YES Roadside stand YES YES YES YES YES COMMERCIAL USES Animal kennel or hospital NO NO NO BA BA Business or professional offices NO NO NO YES YES Medical clinic NO NO NO YES YES Funeral home NO NO NO YES YES Auto, boat, or farm equip. sales, rental, service NO NO NO YES YES Printing shop NO NO NO YES YES Bank, financial office NO NO NO YES 15YES 15 15 15 Restaurant NO NO NO YES YES Retail sales or service NO NO NO YES 15 YES15 Retail sale of gasoline NO NO NO BS BS Wholesaling without3storage NO NO NO YES4 YES Major Business Complex NO NO NO PB PB INDUSTRIAL USES Major Business Complex NO NO NO PB 4 PB Manufacturing for on-site sales NO NO NO YES YES Other manufacturing, research NO NO NO NO YES Bulk storage NO NO NO NO YES Contractor's yard NO NO NO NO YES 7 Earth removal BA BA BA BA BA Waste processing or disposal: Junk yard, second-hand auto parts NO NO NO NO BS Hazardous or radioactive NO NO NO NO NO Other municipal NO NO NO NO BS Other private NO NO NO NO NO Transportation terminal NO NO NO NO YES Warehouse NO NO NO NO YES Commercial radio transmission NO NO NO YES YES Laundry or dry cleaning plant NO NO NO YES YES Electrical generating Facility (Power PNOnt) NO NO NO Not to exceed 3 2400. Use Regulations Schedule (Continued) At-d0:2/007 13 D I S T R I C T ACTIVITY OR USE A S,R M B-1 I B-2 ________________________________________________________________________ _______________ INSTITUTIONAL USES Municipal use YES YES YES YES YES Religious use YES YES YES YES YES Educational use exempted from zoning prohibition by Sec 3, Ch40A,G.L. YES YES YES YES YES Other educational use BA BA BA BA BA Cemetery YES YES YES YES YES Hospital BA BA BA BA BA Nursing, convalescent, or rest home BA BA BA BA BA Philanthropic or charitable institutionBA BA BA BA BA Public utility with service area NO NO NO NO YES Public utility without service area BA BA BA BA YES Club or lodge BA 8 BA8 BA 8 YES YES RECREATIONAL USES Camping, supervised YES BA BA YES YES Camping, commercial BA NO NO NO NO Golf course, standard or par three YES YES YES YES YES Conference, training, or meeting facilities In conjunction with a standard golf courseB PB PB PB Indoor commercial recreation NO NO NO YES YES Outdoor commercial recreation NO NO NO BA BA Sportsman's club, game preserve YES NO NO YES YES Public stables BA NO NO BA BA Bath houses, commercial beaches BA BA BA YES YES Commercial picnic, outing areas BA BA BA YES YES RESIDENTIAL USES Dwelling Single-family YES YES YES YES NO 9 Two-family YES YES YES YES NO Townhouse12 PB PB PB PB NO Other multifamily NO 10 NO 10 PB11,NO 10 NO 10 16 Assisted elderly housing PB PB PB PB NO Boarding or rooming NO 10 NO 10 BA NO 10 NO 10 Motel, hotel NO NO NO BA YES Mobile home NO NO NO NO NO Public housing YES YES YES YES NO Major Residential Development PB PB PB PB NO 2400. Use Regulations Scheduleontinued) At-d0A2/2007 14 D I S T R I C T ACTIVITY OR USE A S,R M B-1 I B-2 ________________________________________________________________________ _____ OTHER PRINCIPAL USES Temporary structures BA BA BA BA BA Airport, heliport NO NO NO YES YES ACCESSORY USES Parking provisions for: * Private autos of residents on premises YES YES YES YES YES * One light commercial vehicle YES YES YES YES YES * Two or three light commercial vehicles, or one heavy commercial vehicle - Accessory to residential use BA NO NO YES YES 13 13 13 - Accessory to non residential use YES YES YES YES YES * Farm vehicles and equipment on active farms YES YES YES YES YES * Other parking NO NO NO BA BA * Home occupation * * * * * * Signs (See Sec. 3100) YES YES YES YES YES * Private stable YES BA NO YES YES 14 * Animal kennel BA BA NO BA BA * Livestock raising YES BA NO NO NO * Swimming pool YES YES YES YES YES * Accessory scientific use in accordance with Sec. 4120 BA BA BA BA BA * Family Apartment (see Sec. 4310 BA BA BA BA NO Note: should read (see Sec. 4130) * Other customary accessory uses YES YES YES YES YES FOOTNOTES FOR SECTION 2400 1. Cattle, horses, sheep, hogs, goats, or similar livestock shall be maintained only on premises having an area of not less than 40,000 square feet plus 15,000 sq. ft. per large animal (25 pounds or heavier at maturity) in excess of one or per ten smaller animals in excess of the first ten. Such animals and their wastes shall be contained at least 50 feet from any abutting lot line of a residentially used lot, and at least 50 feet from any year-round surface water body. 2. At least 3/4 of the retail sales must be of produce raised on land within the Town of Bellingham in the same ownership as the stand or greenhouse. 3. See Section 4700. 4. No in B-1 Districts. 5. See Section 4800. At-ne52t2007 15 6. More than half the volume sold as retail on the premises. 7. See Section 4600. 8. Except those whose chief activity is one customarily carried on as a business. 9. Except single-family dwelling for personnel required to reside on the premises for the safe operation of a permitted use. 10. Except that an existing dwelling may, on Special Permit from the Board of Appeals, be altered to house up to four families or for boarding or lodging, provided that the Board of Appeals shall find that the structure could not reasonably be used or altered and used for any permitted purpose. 11. Except that multifamily shall not include public housing. 12. See Sections 3400 and 4420. 13. But none in excess of the number legally parked on the effective date of this amendment. 14. Cattle, horses, sheep, hogs, goats, or similar livestock shall be maintained accessory to a dwelling only on a lot having an area of not less than 40,000 square feet plus 15,000 sq. ft. per large animal (25 pounds or heavier at maturity) in excess of one or per ten smaller animals in excess of the first ten. Such animals and their wastes shall be contained at least 50 feet from any abutting lot line of a residentially used lot, and at least 50 feet from any year-round surface water body. 15. Except ‘PB’ if service is provided to patrons while in their automobiles, special permits to be approved only upon determination by the Planning Board that traffic projected to be generated will be accommodated without reduction in the traffic level of service on any affected off-premises lane, and without either hazard for vehicular traffic or hazard or inconvenience for pedestrians. 16. See Section 4420. 17. See Section 4300. 18. Provided that the sum of the gross floor areas of all buildings on the site equals not more than 1% of the land area on the premises. If in an A, S or R district no building for this use may be less than 200 feet from the nearest property line. * See Section 4110. ******************************* 2500. Intensity of Use Regulations Amt-end05:2rt2l007 16 2510. All buildings hereafter erected in any district shall be located on a lot such that all of the minimum requirements set forth in the following Table are conformed with except where specifically exempted by this Bylaw or by General Law. 2520. No existing lot shall be changed in size or shape except through a public taking so as to result in violation of the requirements set forth below. Recording a plan in violation of these requirements, even if endorsed by the Planning Board to the effect that approval under the Subdivision Control Law is not required, constitutes a violation of this Bylaw, subject to enforcement actions under Sections 1220 and 1250. The Planning Board shall inform both the submitter of such a plan and the Inspector of Buildings of any such potential violations of which the Board becomes aware. 2530. Isolated Lots and Subdivisions. Any increase in lot area or frontage requirements of this Bylaw shall not apply to erection, extension, alteration, or moving of a structure on a legally created lot not meeting current requirements provided that either the lot is protected against such increase under the provisions of Section 6, Chapter 40A, G.L., or the applicant documents that: (a) at the time such increased requirement became applicable to it, the lot: (1) For single family development - had at least 5,000 sq.ft. of lot area and 50 feet of frontage on a street. For non-residential development in the B-1 and Industrial zoning districts - had at least 20,000 sq.ft. of lot area and 125 feet of frontage on a street; and (2) was not held in common ownership with any adjoining land; and (3) conformed to then-existing dimensional requirements; and (b) the lot is to be used in conformance with the uses allowed for such district; (c) yards shall be not less than the following, except that footnotes “b”, “c” and “g” of Section 2600 of this Bylaw shall remain in effect for non-residential development:. Actual Frontage Required Yard Front Side Rear________ Less than 125' 20' 8' 16' 125-150' 20' 10' 20' More than 150' 30’ 15’ 20’ ________________________________________________________________________ ____________ Such nonconforming lots may be changed in size or shape or their land area recombined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots. 2540. Where no street line has been established or can be readily determined, such line shall be assumed to be 25 feet from the center of the traveled roadway for the purposes of applying these regulations. 2550. Public Housing shall be exempt from the minimum requirements of Intensity of Use as set forth in 260Se.c. 2560. Not more than one single-family or two-family dwelling shall be erected on a lot. Am-end0dA2t/2007 17 2570. More than one principal building or use other than a single- family or two-family dwelling may be erected or maintained on a lot provided that access, drainage, and utilities serving each structure are functionally equivalent to that required for separate lots by the Planning Board Rules and Regulations, as determined by the Zoning Agent following consultation with the Highway Department regarding access and drainage and with the Water Department and Fire Department regarding water; and further provided that lot area and yard requirements are met for each building and use without counting any lot area or yard twice. No increase in lot frontage is required for multiple principal buildings or uses on the same lot. For multifamily construction, the Zoning Agent must also ensure compliance with applicable portions of Section 4400 and all other pertinent sections of the Bylaws. 2580. Back Lot Division. A parcel with no other contiguous land in common ownership may be divided into two or three lots, one of which has less than the normally required frontage, and a single- family dwelling may be built on the reduced frontage lot, provided that such division is authorized on a Special Permit granted by the Planning Board. Such divisions shall be authorized if meeting each of the following, but not otherwise. 2581. The lot having reduced frontage must have frontage of at least 50 feet. 2582. The lot having reduced frontage must contain at least twice the lot area otherwise required, without counting any portion of the lot between the street and the point where lot width equals 100 feet or more. 2583. The lot having reduced frontage must be capable of containing a square with sides equal to the normally required lot frontage. 2584. All other requirements specified in Section 2600, Intensity of Use Schedule, must be met. 2585. Egress from the created lots must create no greater hazard owing to grade and visibility limitations than would be expected for standard land division at that location. 2586. Reduction of privacy, damage to the natural environment, and difficulties of utility provision must be no greater than would be expected for standard land division at that location. 2587. The proposal must be determined by the Planning Board to not circumvent the intent of the Subdivision Control Law. Any reduced frontage lot created under these provisions shall be shown and identified on a plan endorsed by the Planning Board "Lot_____ approved for reduced lot frontage". 2590. Lot Shape Factor. No lot shall be created so as to be so irregularly shaped or extended that it has a "Shape Factor" in excess of twenty-two (22). Shape Factor equals the square of the lot perimeter divided by the lot area (before deduction for wetlands, etc.). That portion of the lot in excess of the required lot area may be excluded from the computation of Shape Factor using an imaginary lot line, provided that the entire required frontage is included in the portion used for the calculation. Amt-ndg05:2t/2007 18 2600. Intensity of Use Schedule D I S T R I C T A S R M B-1 B-2 I Min. Lot Area (sq.ft.) Two-family fwelling 160,000 80,000 80,000 80,000 e 80,000 80,000 ---- Other uses 80,000 40,000 40,000 40,000 40,000 40,000 60,000 Min. lot frontage (ft.) 200 150 150 150 150 150 200 a,d
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