Bellingham City Zoning Code
ARTICLE XII
Accessory Uses
§ 240-72 Home occupations.
A.
Home occupations are permitted without need for a special permit only if conforming to each of the following conditions:
(1)
No more than 25% of the habitable floor area of the residence (exclusive of accessory structures) shall be used for the purpose of the home occupation. Accessory structures shall be used only for parking or incidental storage.
(2)
Not more than one person not a member of the household shall be employed on the premises in the home occupation.
(3)
There shall be no exterior display, no exterior storage of materials, no outside parking of commercial vehicles, and no other exterior indication of the home occupation or other variation from the residential character of the principal building other than an unlighted sign not to exceed one square foot in area.
(4)
The environmental requirements of Article IX of this chapter shall be complied with.
(5)
Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential use, considering volume, hours, vehicle types and other traffic characteristics.
(6)
The parking generated shall be accommodated off-street, other than in a required yard, and shall not occupy more than 35% of lot area.
(7)
There shall be no retail sale of articles not produced on the premises or incidental to the occupation.
B.
A special permit from the Board of Appeals may authorize any of the following, provided that the Board determines that the activities will not create hazard, disturbance to any abutter or the neighborhood, and will not create unsightliness visible from any public way or abutting property.
(1)
Use of more than 25% of the habitable floor area of the residence, or use of any accessory building for other than parking or incidental storage.
(2)
On-premises employment of a second or third person not a member of the household.
(3)
Exterior parking of a commercial vehicle.
(4)
Traffic determined by the Building Inspector to exceed the limits of Subsection A(5) of this section.
(5)
Parking within a required yard, provided that it is effectively screened from the street and abutting premises.
§ 240-73 Scientific uses.
The Board of Appeals may grant a special permit for a use accessory to a scientific research, scientific development, or related production activity, whether or not on the same parcel as such activity. A special permit shall be granted where the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
§ 240-74 Accessory dwelling units.
A Protected Use Accessory Dwelling Unit shall be allowed in the Residential, Suburban, and Agricultural Zoning Districts if consistent with the following.
A.
Definitions.
ACCESSORY DWELLING UNIT (ADU)
A self-contained housing unit consisting of one or more rooms with separate kitchen and bathroom facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the state building code for egress; ii) is not larger in Gross Floor Area than 1/2 the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is smaller; and iii) is subject to such restrictions as noted in § 240-74B, Development Requirements.
GROSS FLOOR AREA
The sum of the areas of all floors of the building, including basements, cellars, mezzanine and intermediate floored tiers and penthouses of headroom height, measured from the exterior faces of exterior walls or from the centerline of walls separating buildings, but excluding: i) covered walkways, open roofed-over areas, porches and similar spaces; and ii) pipe trenches, exterior terraces or steps, chimneys, roof overhangs and similar features.
PRINCIPAL DWELLING
A structure, regardless of whether it conforms to Zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains exactly one Dwelling Unit and is located on the same Lot as a Protected Use ADU.
PROTECTED USE ADU
An attached or detached Accessory Dwelling Unit that is located, or is proposed to be located, on a Lot in an applicable Zoning District and no other Accessory Dwelling Unit is located on said Lot and which is protected from Prohibited Regulations and Unreasonable Regulations pursuant to M.G.L. ch. 40A, § 3, para. 11 and 760 CMR 71.00.
SHORT-TERM RENTAL
Short-term rental, as defined in M.G.L. ch. 64G, § 1.
B.
Development requirements.
(1)
A total of one Protected Use ADU is allowed by right per lot in the Residential, Suburban, or Agricultural Zoning Districts in addition to a Principal Dwelling located on the same lot.
(2)
A Protected Use ADU cannot consist of a Temporary Structure or Trailer, as defined in Article VI: Definitions, including, but not limited to, recreational trailers or tents.
(3)
The Protected Use ADU shall meet the setback and building height requirements for "other uses" as set forth in Article VII Intensity of Use Regulations.
(4)
The applicant must acquire Board of Health approval that the proposed Protected Use ADU will have adequate sewerage disposal in compliance with local regulations and 310 CMR 15.00.
(5)
(Reserved)
(6)
Short-term rentals, as defined in M.G.L. ch. 40A, § 3, para. 11 and 760 CMR 71.00, are prohibited for a Protected Use ADU and/or Principal Dwelling Structure.
(7)
A business use shall not be permitted in a Protected Use ADU in any zoning district.
(8)
(Reserved)
(9)
For properties with a Principal Dwelling and ADU, both structures' addresses shall be clearly marked and adequately illuminated. The proposed lighting shall not create glare or spillover that would cause harm to the good and welfare of the general public or cause detriment to an abutting property.
(10)
An ADU shall provide adequate access for emergency response as deemed adequate by the Bellingham Public Safety Officials and be in compliance with all applicable state and local fire codes.
(11)
Prior to the issuance of a building permit, where the Lot or Principal Dwelling is nonconforming, M.G.L. ch. 40A, § 6, § 240-30 of this Bylaw shall apply and a finding by the Zoning Board of Appeals, acting on a majority vote, that the Protected Use ADU will not be substantially more detrimental than the existing nonconformity to the neighborhood shall be required but shall not be subject to a special permit.
