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Bellingham City Zoning Code

ARTICLE V

General Use Regulations

§ 240-28 Establishment of districts.

A. 
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
(1) 
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.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
(2) 
In addition, there are nine overlay districts: Floodplain District as established § 240-110, Water Resource District as established at § 240-132, Adult Use Districts No. 1 and No. 2 as established at Article XXII of this chapter, the Mill Reuse Overlay District as established at Article XXIII, the Wethersfield Overlay District as established at Article XXVII, The Hartford Avenue Overlay District, established under Article XXVI, the 55+ Active Adult Overlay District, as established at Article XXVIII of this chapter, and the Downtown Residential Development Overlay District, as established at Article XXIX of this chapter.
B. 
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.
C. 
Where a district boundary line divides any lot existing at the time such boundary line is adopted, the zoning regulations shall apply as follows.
(1) 
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.
(2) 
Where a lot is transected by a zoning district boundary line, the regulations of these Zoning Bylaws applicable to the lesser restricted district may, at the option of the owner, be deemed to govern in the more restricted district, up to a distance of not more than 30 feet from said district boundary.
D. 
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.

§ 240-29 Use regulations.

A. 
No building or structure shall be erected or used and no premises shall be used except as set forth in the Use Regulations Schedule,[1] or as exempted by § 240-30 or by statute.
(1) 
Symbols employed shall mean the following:
Yes
-
A permitted use
No
-
An excluded or prohibited use
(2) 
Use authorized under special permit as provided for in Article IV:
BA
-
Acted on by the Board of Appeals
PB
-
Acted on by the Planning Board
BS
-
Acted on by the Board of Selectmen
[1]
Editor's Note: The Use Regulations Schedule is included as an attachment to this chapter.
B. 
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.
C. 
Uses listed nowhere in § 240-31 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.

§ 240-30 Nonconforming uses and structures.

Legally preexisting nonconforming structures and uses may be continued, subject to the following:
A. 
Change, extension or alteration. As provided in M.G.L. ch. 40A, § 6, 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.
B. 
Restoration. 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.
C. 
Abandonment. A nonconforming use or structure which has been abandoned, or discontinued for a period of two years, shall not be reestablished; provided, however, that, by special permit granted by the Zoning Board of Appeals, the use of an abandoned nonconforming residential structure, or any portion thereof, may be reestablished. In all other respects, any future use of the subject premises shall conform with this bylaw.
D. 
Replacement. Replacement of mobile homes or commercial vehicles parked in nonconformity with § 240-31 is not permitted, even where such replacement does not increase the extent of nonconformity.

§ 240-31 Use Regulations Schedule.

DISTRICT
Activity or Use
A
S, R
M
B-1, B-2
I
AGRICULTURAL USES
Livestock raising on parcel under five acres1
Yes
No
No
No
No
Other farm1
Yes
Yes
Yes
Yes
Yes
Greenhouse
With retail sales2
Yes
Yes
Yes
Yes
Yes
Wholesale only
Yes
Yes
Yes
Yes
Yes
Roadside stand2
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
Yes15
Yes15
Restaurant
No
No
No
Yes15
Yes15
Retail sales or service
No
No
No
Yes15
Yes15
Retail sale of gasoline5
No
No
No
BS
BS
Wholesaling without storage
No
No
No
Yes
Yes
Major business complex3
No
No
No
PB4
PB
Marijuana cultivator
No
No
No
No
PB
Marijuana establishments
No
No
No
No
No
Medical marijuana treatment center
No
No
No
No
No
INDUSTRIAL USES
Major business complex3
No
No
No
PB4
PB
Manufacturing for on-site sales6
No
No
No
Yes
Yes
Other manufacturing, research
No
No
No
No
Yes
Contractor's yard
No
No
No
No
Yes19
Earth removal7
BA
BA
BA
BA
BA
Waste processing or disposal:
Junkyard, secondhand 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
No
Commercial radio transmission
No
No
No
Yes
Yes
Laundry or dry-cleaning plant
No
No
No
Yes
Yes
Electrical generating facility (power plant)
No
No
No
No
Not to exceed 3
Large-scale ground-mounted solar photovoltaic
No
No
No
No
Yes
Installation pursuant to Article 5300
INSTITUTIONAL USES
Municipal use
Yes
Yes
Yes
Yes
Yes
Religious use
Yes
Yes
Yes
Yes
Yes
Educational use exempted from zoning prohibition by M.G.L. ch. 40A, § 3
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 institutions
BA
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
BA8
BA8
BA8
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 course18
PB
PB
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
No9
Two-family
Yes
Yes
Yes
Yes
No
Townhouse12
PB
PB
PB
PB
No
Other multifamily
No10
No10
PB11,12
No10
No10
Assisted elderly housing16
PB
PB
PB
PB
No
Boarding or rooming
No10
No10
BA
No10
No10
Motel, hotel
No
No
No
BA
Yes
Mobile home
No
No
No
No
No
Public housing
Yes
Yes
Yes
Yes
No
Major residential development17
PB
PB
PB
PB
No
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
Accessory to nonresidential use
Yes13
Yes13
Yes13
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 Article VI)
Yes
Yes
Yes
Yes
Yes
Private stable14
Yes
BA
No
Yes
Yes
Animal kennel14
BA
BA
No
BA
BA
Livestock raising14
Yes
BA
No
No
No
Swimming pool
Yes
Yes
Yes
Yes
Yes
Accessory scientific use in accordance with § 240-66
BA
BA
BA
BA
BA
Family apartment (see § 240-67)
BA
BA
BA
BA
No
Bulk storage
No
No
No
No
PB19
Other customary accessory uses
Yes
Yes
Yes
Yes
Yes
FOOTNOTES:
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 square feet per large animal (25 pounds or heavier at maturity) in excess of one or per 10 smaller animals in excess of the first 10. 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 Article XVII.
4.
No in B-1 Districts.
5.
See Article XVIII.
6.
More than half the volume sold as retail on the premises.
7.
See Article XVI.
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 § 240-95.
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 square feet per large animal (25 pounds or heavier at maturity) in excess of one or per 10 smaller animals in excess of the first 10. 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 § 240-95.
17.
See Article XIII.
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.
19.
Special permit from the Planning Board if applicant demonstrates that bulk storage is accessory to an allowed primary use on the same premises. See General Bylaws for licensure requirements.
*
See § 240-65.