Belchertown City Zoning Code
ARTICLE II
Zoning Districts
§ 145-3 Establishment.
[Amended 5-8-2023 ATM by Art. 23; 5-8-2023 ATM by Art. 26]
The Town of Belchertown is hereby divided into the following classes of zoning districts:
AG-A | Primary Agricultural |
VR | Village Residential |
AG-B | Rural Residential |
LR | Lakes Residential |
MDR | Multiple-Dwelling Residential |
MHP | Mobile Home Park Residential |
B1 | Limited Business |
B2 | General Business |
I | Industrial |
AVA | Agricultural Value-Added |
§ 145-4 Overlay districts.
The following overlay districts are hereby established:
WP | Wetland Protection |
FP | Floodplain |
AP | Aquifer Protection |
HVP | Historic Village Protection |
§ 145-5 Zoning Map.
A.
The location and boundaries of zoning and overlay districts hereby established are shown on a series of maps entitled "Zoning Map of the Town of Belchertown," revised through June 1992, which accompanies and is hereby declared to be part of this chapter.[1] This series of maps is comprised of:
(1)
Zoning District Map;
(2)
Aquifer Protection District Overlay (tracing based upon enlargement of the United States Geological Survey Topographic Map from 1:25000 Belchertown, Ludlow, Palmer, Windsor Dam Quadrangle to one inch to 1,000 feet); and
(3)
Wetland Protection and Floodplain Overlay District (provided by Pioneer Valley Planning Commission through a Strategic Planning Grant, Executive Offices of Communities and Development, June 1989).
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume. The most recent Zoning Map was adopted 2-12-2001 STM by Art. 8.
B.
Said map is hereinafter referred to as the "Zoning Map." All explanatory legend and memoranda thereon or attached thereto are hereby declared to be a part of this chapter. Any change in the location of boundaries of a zoning district hereafter made through the amendments of this chapter shall be indicated by the alteration of the Zoning Map, and the Zoning Map, thus altered, is declared to be a part of this chapter thus amended.
C.
Copies of the Zoning Map, including overlays, amendments and memoranda, are on file in the Town Clerk's office. All Mylars (originals) are on file in the Planning Board office.
§ 145-6 Interpretation of boundaries.
For the purposes of interpretation, it shall be assumed that:
A.
Boundaries that appear to follow public and private ways, railroads or watercourses shall coincide with the center line thereof.
B.
Where the boundary lines are shown upon the Zoning Map approximately on the location of property or lot lines and the exact location of property, lot or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines.
C.
Boundary lines which appear to run parallel to the side lines of public and private ways shall be regarded as parallel to such side lines, with dimensions shown in figures placed upon the Zoning Map to specify the distance between the boundary line and such side lines, such distances being measured at right angles to such side lines, unless otherwise indicated.
D.
Boundary lines dependent on contour lines shall be based on United States Geological Survey mean sea level datum.
§ 145-7 Division of lots by district boundaries.
Where a zoning district boundary line divides a lot or parcel of land of the same ownership of record at the time such line is established at adoption or amendment of this chapter, the regulations and provisions applicable to each of the different portions of said lot shall be those pertaining to the district in which each portion is located.
§ 145-8 Intent of districts.
The Zoning Districts established in this article have the following intent and characteristics:
A.
Residential.
(1)
Village Residential (VR). These are neighborhoods located in the town's water and sewer service area and located on smaller lots.
(2)
Agricultural-B (AG-B). These are neighborhoods which are characterized by their relatively quiet atmosphere and the exclusion of nonresidential use.
(3)
Lakes Residential (LR). Historically a resort area of town, these neighborhoods surround the small lakes and are environmentally sensitive.
(4)
Multiple-Dwelling Residential (MDR). These are areas which are suitable to meet the needs of more intensive residential use.
(5)
Mobile Home Park Residential (MHP). These are areas best suited for mobile home parks.
B.
Open.
(1)
Agricultural-A (AG-A). These areas containing prime farm soils and/or active farm and forest operations are best suited to the land uses and activities common in the less developed areas of a rural town, particularly farm and farm-related uses.
C.
Business.
(1)
Limited Business (B-1). These are areas in which primarily retail and professional activities will be encouraged while large businesses and industrial-type developments will be restricted.
(2)
General Business (B-2). These are areas suitable for concentrated commercial use and serve areas larger than the immediate neighborhood.
§ 145-9 Intent of overlay districts.
A.
Wetland Protection Overlay (WP). This district applies to all lands within 100 feet of the annual high-water line of a stream, lake, pond or watercourse and all lands within 100 feet of all poorly or very poorly drained soils as classified by the National Cooperative Soil Survey, mapped by the United States Soil Conservation Service, as shown as an overlay on the Zoning Map.
B.
Floodplain Overlay (FP). This district applies to these areas within the boundary of the one-hundred-year flood which are considered hazardous areas as shown on the Federal Emergency Management Agency (FEMA), Town of Belchertown Flood Insurance Rate Map (FIRM), dated September 2, 1981.
C.
Aquifer Protection Overlay (AP). This district applies to those lands lying within the primary recharge areas of groundwater aquifers which provide public water supply and are shown as an overlay on the Zoning Map.
D.
Historic Village Protection Overlay (HVP). This district applies to those areas within the Belchertown Center Historic District in order to limit the type, intensity and appearance of business and other uses because of the historic character of the area.