Bellingham City Zoning Code
ARTICLE VII
Intensity of Use Regulations
§ 240-33 General requirements.
A.
All buildings hereafter erected in any district shall be located on a lot such that all of the minimum requirements set forth in the table in § 240-40 are conformed with except where specifically exempted by this bylaw or by General Law.
B.
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.
C.
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[1] is not required, constitutes a violation of this bylaw, subject to enforcement actions under §§ 240-3 and 240-6. 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.
[1]
Editor's Note: See M.G.L. ch. 41, §§ 81K to 81GG.
§ 240-34 Isolated lots and subdivisions.
A.
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 M.G.L. ch. 40A, § 6, or the applicant documents that:
(1)
At the time such increased requirement became applicable to it, the lot:
(a)
For single family development: had at least 5,000 square feet of lot area and 50 feet of frontage on a street. For nonresidential development in the B-1 and Industrial Zoning Districts: had at least 20,000 square feet of lot area and 125 feet of frontage on a street; and
(b)
Was not held in common ownership with any adjoining land; and
(c)
Conformed to then-existing dimensional requirements; and
(2)
The lot is to be used in conformance with the uses allowed for such district;
B.
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.
§ 240-35 Street line assumptions.
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.
§ 240-36 Public housing.
Public housing shall be exempt from the minimum requirements of intensity of use as set forth in § 240-40.
§ 240-37 Number of buildings on lot.
A.
Not more than one single-family or two-family dwelling shall be erected on a lot.
B.
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 Article XV of this chapter and all other pertinent sections of the bylaws.
§ 240-38 Back lot division.
A.
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:
(1)
The lot having reduced frontage must have frontage of at least 50 feet.
(2)
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.
(3)
The lot having reduced frontage must be capable of containing a square with sides equal to the normally required lot frontage.
(5)
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.
(6)
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.
B.
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."
§ 240-39 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 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.
§ 240-40 Intensity of Use Schedule.
District | ||||||||
|---|---|---|---|---|---|---|---|---|
A | S | R | M | B-1 | B-2 | I | ||
Minimum lot area (square feet) | ||||||||
Two-family dwelling | 160,000 | 80,000 | 80,000 | 80,000 | 80,000 | 80,000 | — | |
Other uses | 80,000 | 40,000 | 40,000 | 40,000c | 40,000 | 40,000 | 60,000 | |
Minimum lot frontage (feet) | 200 | 150 | 150 | 150 | 150 | 150 | 200 | |
Minimum front yarda,d (feet) | 30 | 30 | 20 | 30 | 20 | 30 | 20c | |
Minimum side yard (feet) | 15 | 15 | 10 | 15 | 10b | 15f | 10f | |
Minimum rear yard (feet) | 20 | 20 | 20 | 20 | 20 | 20f | 20c | |
Minimum landscaped open space (square feet/dwelling unit) | — | — | — | 2,000 | — | — | — | |
Maximum building height (feet) | 35 | 35 | 35 | 35 | 35 | 45 | 45 | |
FOOTNOTES: | |
|---|---|
(a) | No building other than a multifamily dwelling need provide a front yard greater than the average of adjoining front yards. For multifamily dwellings, the front yard is to be not less than twice building height, and to contain no parking. Corner and through lots shall maintain front yard requirements for both frontages. |
(b) | Side yard may be reduced to zero, except where abutting a residential use or a Residential, Suburban, or Agricultural District, provided that access to rear areas via drives not less than 15 feet wide is assured. |
(c) | Increase to 100 feet for industrial buildings facing or adjoining a Residential, Suburban, or Agricultural District. |
(d) | No obstruction to vision between three and eight feet above the plane through the curb grades shall be permitted within the area formed by the lines of intersecting streets and a line joining points 20 feet from the point of intersection of street lines or street lines extended. |
(e) | For townhouse dwelling, assisted elderly housing, and other multifamily housing see Article XV, Special Residential Uses. |
(f) | For industrial or commercial uses, increase to 30 feet where adjoining an Agricultural, Suburban, Residential, or Multifamily District or residential use. |
§ 240-41 Height limitations.
No building or portion thereof or other structure of any kind shall exceed the heights permitted buildings under § 240-40, Intensity of Use Schedule, except the following:
A.
Chimneys, towers, spires, cupolas, antennae or other projections of or attachments to a building but not potentially used for human habitation, provided that they do not exceed the height of the building by more than 10 feet or 20% of building height, whichever is the greater; or
B.
A structure or projection not used for human habitation and not permitted by the above, provided that it is authorized for that height by special permit from the Board of Appeals, upon determination by the Board that the proposed height is functionally important for the use, and that the structure or projection and its use will not result in threats to health, safety or visual compatibility with the surroundings and, in the case of antennae for use by a federally licensed amateur radio operator, that any restriction so imposed complies with the provisions of M.G.L. ch. 40A, § 3, dealing with such antennae.
§ 240-42 Targeted housing.
A.
On special permit from the Planning Board, dwelling units may be designated as "targeted," provided that:
(1)
Either the development containing the unit qualifies to seek a comprehensive permit under M.G.L. ch. 40B, or the dwelling unit meets the definition of "assisted elderly housing" in § 240-32 of this bylaw.
(2)
The Planning Board finds that the housing is consistent with policy guidelines it has approved for Town-wide housing development.
(3)
The Planning Board finds that the location and design of the housing will not result in hazard, overburdening of public services, or neighborhood or environmental degradation.