In this bylaw the following terms, unless a contrary meaning
is required by the context or is specifically prescribed, shall have
the following meanings. Words used in the present tense include the
future, and the plural includes the singular, the word "shall" is
intended to be mandatory; "occupied" or "used" shall be considered
as though followed by the words "or intended, arranged or designed
to be used or occupied." The word "person" includes a corporation
as well as an individual.
A building detached from, incidental to, located on the same
premises as, and functionally dependent on the principal use of the
premises.
An activity incidental to and located on the same premises
as a principal use conducted by the same person or his agent. No use
shall be considered "accessory" unless functionally dependent on and
occupying less land area than the principal use to which it is related
and occupying less than one quarter as much habitable floor area as
that principal use.
An extension or increase in floor area or height of a building
or structure that shares at least one wall in common with the existing
building or structure.
The uses defined in Article XXII of these bylaws.
Include, but are not limited to, the following: manufacturing
of solar panel production, wind turbine or hydro turbine production,
and fuel cell production.
Include, but are not limited to, the following: research
and development facilities used for research to improve the efficiency
of, or reduce pollution from biomass power facilities, research and
development intended to enhance geothermal systems, research related
to advance battery systems.
Premises used for the harboring and/or care of more than
three dogs or other domestic non-farm animals three months old or
over. Use shall be so classified regardless of the purpose for which
the animals are maintained or whether fees are charged or not.
Any state-numbered highway, any street having a right-of-way
width of 60 feet or more, plus the following named streets:
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Blackstone Street
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Center Street
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Cross Street
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Depot Street
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Elm Street
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Hartford Avenue
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High Street
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Lake Street
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Maple Street
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Paine Street
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Pulaski Boulevard
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South Maple Street
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Wrentham Road
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One or more dwellings, regardless of structural type (single-family,
two-family, multifamily), which are structurally configured to serve
the elderly, meeting then-current physical standards for publicly
assisted elderly housing and having no units containing more than
two bedrooms; and for which there is publicly enforceable assurance
that each resident household will consist entirely of members at least
55 years old; and for which there is contract assurance of support
services, such as meals, housekeeping, social services, health services
or transportation.
In a dwelling, any habitable room having more than 70 square
feet floor area, if not a living room, dining room, kitchen, or bathroom.
Any dwelling unit in which no such room exists shall be construed
to contain one bedroom.
A building, other than a hotel or motel, where rooms (without
kitchens) are rented to three or more persons by the week or longer,
and meals may (or may not) be regularly served to roomers by pre-arrangement
for compensation.
A structure enclosing useful space.
The vertical distance from the mean finished grade of the
ground adjoining the building to the highest point of the roof for
flat or shed roofs, to the deck line for mansard roofs, and to the
mean height between eaves and ridge for gable, hip, and gambrel roofs.
Outdoor storage of materials, such as, but not limited to,
sand, mulch, lumber, coal, or other bulk materials not for retail
sales on premises accessory to a primary use, and bulk storage of
liquids in tanks, except underground, as an accessory use.
A vehicle used as a temporary dwelling for travel, recreational
and vacation uses.
Premises used for campers, tenting, or temporary overnight
facilities of any kind, operated seasonally, where a fee is charged.
Facilities operated on a seasonal basis for a continuing
supervised recreational, health, educational, religious, and/or athletic
program, with persons enrolled for periods of not less than one week.
Premises or buildings of a nonprofit organization exclusively
servicing members and their guests for recreational, athletic, or
civic purposes, but not including any vending stands, merchandising,
or commercial activities except as required generally for the membership
and purposes of such club. Does not include golf clubs or sportsmen's
clubs as elsewhere defined, or clubs or organizations whose chief
activity is a service customarily carried on as a business.
A structure or series of structures providing conference,
seminar or meeting facilities and dining but not overnight accommodation.
A managed development that provides housing, services and
nursing care to persons over 55 years of age; and which includes independent
living units, assisted living units. nursing home accommodations,
and accessory medical, support services, food services, and recreational
uses; and for which there is a legal agreement that assures life care
to residents and support services appropriate to each type of housing.
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies, and
parking of wheeled equipment.
Locations or structures of outstanding natural or cultural
importance as documented in inventory materials approved and amended
from time to time by either the Bellingham Conservation Commission
(such as wetlands, vernal pools, or habitat of endangered species)
or the Bellingham Historical Commission (such as historic sites, archeological
resources, or other resources listed in the MA Register of Historic
Places) following a public hearing thereon with notice as required
by M.G.L. ch. 40A, § 11, for a zoning amendment, as certified
and filed with the Town Clerk.
A freestanding structure with no common or party walls, common
foundation walls or otherwise physically connected.
A structure containing three or more dwelling units, whether
for rental, condominium ownership or other form of tenure, but not
including public housing. Porches, walkways, patios or other structures
of a like nature between two detached structures do not constitute
a multifamily dwelling.
A detached residential building containing a single dwelling unit, or a single dwelling unit plus a family apartment as authorized by § 240-74.
A multifamily dwelling containing at least three but not
more than eight dwelling units, separated by party walls, each unit
having a separate exterior entrance and being held in separate and
distinct ownership (such as in a condominium) or being owned by a
Massachusetts cooperative and held by separate and distinct shares.
A detached residential building intended and designed to
be occupied exclusively by two families.
Living quarters for a single family with cooking, living,
sanitary and sleeping facilities independent of any other unit.
The word "erected" shall include the words "built," "constructed,"
"reconstructed," "altered," "enlarged" and "moved."
Any number of individuals living and cooking together in
a single housekeeping unit.
A self-contained housing unit consisting of one or more rooms
with separate kitchen and bathroom facilities to be incorporated within
an existing single-family dwelling, or as an addition to same, to
be utilized by grandparents, parents, children, grandchildren, brothers
or sisters or their spouses and children or the property owner or
spouse. Family apartments shall not be considered two-family dwellings.
Premises containing at least five acres used for gain in
raising of agricultural products, livestock, poultry, and/or dairy
products. "Farm" includes necessary farm structures and the storage
of equipment used, but excludes public stables, and animal kennels
or hospitals.
The sum of the area on the several floors of a building which
is or could be leased, including leasable basements.
The portion of a structure that serves to transfer the weight
of the building into the ground itself. Most foundations extend underground.
Premises having not fewer than nine holes improved with tees,
greens, fairways, and hazards for playing the game of golf, not including
driving ranges or miniature golf. A "standard" course averages not
less than 240 yards from tee to green. A "par three" course averages
less than 240 yards but more than 80 yards from tee to green.
Any substance or combination of substances which, because
of quantity, concentration, or physical, chemical, or infectious characteristics,
pose a significant present or potential hazard to water supplies or
to human health if disposed into or on any land or water in this Town.
Any substance deemed a "hazardous waste" under M.G.L. ch. 21C shall
also be deemed a hazardous material for purposes of this bylaw.
A business or profession engaged in within a dwelling by
a resident thereof as a use accessory thereto.
A structure providing sleeping rooms for resident or transient
guests, and where public eating facilities are provided; but not including
buildings of charitable, educational or philanthropic institutions.
Impenetrable by surface water.
The use of any premises, whether licensed or not, where waste
or scrap articles or materials are abandoned, stored, sorted, parked,
bought, or sold, as a principal use, except where such activities
are carried out entirely within an enclosed building and except where
more specifically categorized in this bylaw, such as "secondhand auto
parts.
Space not covered by any structure, and not used for drives,
parking, utilities or storage; comprising landscaped areas and outdoor
recreational facilities, including those on balconies or over structures
if so developed.
A rating and certification by the U.S. Green Building Council
that a building project meets industry standards for high-performance,
sustainable design.
The raising or harboring of 10 or more poultry or of more
than two cattle, horses, sheep, hogs, goats, minks, rabbits, or similar
farm animals six months old or older.
An area of land in one ownership with definite boundaries
ascertainable by recorded deed or plan and used or set aside and available
for use as the site of one or more buildings or for any other definite
purpose.
The horizontal area of the lot exclusive of any area in a
street or way open to public use. At least 90% of the lot area necessary
for compliance with minimum lot area requirements shall also be exclusive
of areas subject to protection under the Wetlands Protection Act,
M.G.L. ch. 131, § 40, for reasons other than being subject
to flooding. If the distance between any two points on lot lines is
less than 50 feet, as measured in a straight line, the smaller portion
of the lot as divided by that line shall not be included in lot area
unless the two points are separated by less than 150 feet measured
along lot lines.
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A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting a curved street
shall be considered a corner lot if the tangents to the curve at the
point of intersection of the side lot lines intersect with an interior
angle of less than 135°.
Percentage of total lot area covered by structures or roofed.
The boundary of a lot on land coinciding with a street line
if there are both rights of access and potential vehicular access
across that boundary to a potential building site, measured continuously
along one street line between side lot lines; in the case of corner
lots, measured between the side lot line and the mid-point of the
corner radius on the street designated as the frontage street by the
owner or, failing that, by the Building Inspector.
Development of any one or more of the following in aggregate
on the same premises:
More than 50,000 square feet of gross floor area devoted to one or more of the uses listed under "Commercial Uses" in § 240-31, Use Regulations Schedule; or
More than 250,000 square feet of gross floor area devoted to one or more of the uses listed under "Industrial Uses" in § 240-31, Use Regulations Schedule; or
Average daily water demand, regardless of source, exceeding
100,000 gallons per day.
A residential development, whether subdivision or not, in which the buildings are arranged in a manner that maximizes available open space, as more particularly described in Article XIV of these Zoning Bylaws.
Fabrication, processing, assembly, finishing, or packaging.
An entity licensed to cultivate, process and package marijuana,
to deliver marijuana to marijuana establishments, and/or medical marijuana
treatment centers and to transfer marijuana to other marijuana establishments
and/or medical marijuana treatment centers, but not to consumers.
A marijuana independent testing laboratory, marijuana product
manufacturer, or marijuana retailer, all as defined in MGL c. § 1,
but not including marijuana cultivators.
An institution or place providing medical, surgical, dental,
restorative or mental hygiene services to persons not residing therein,
under license as a clinic under M.G.L. ch. 111, § 51.
A not-for-profit entity, as defined by Massachusetts law
only, registered under Chapter 369 of the Acts of 2012, that acquires,
processes (including development of related products such as food,
tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing
marijuana, related supplies, or educational materials to qualifying
patients or their personal caregivers, but not including marijuana
cultivators.
A dwelling built on a chassis, containing complete electrical,
plumbing and sanitary facilities, and designed without necessity of
a permanent foundation for year-round living, irrespective of whether
actually attached to a foundation, or otherwise permanently located.
Premises devoted primarily to retail sale of fuels and lubricants
and/or washing of motor vehicles, with any repair services or other
sales or services of secondary importance.
Premises used for any operation by the Town government except
as elsewhere more specifically defined.
A lawfully existing use or building which does not conform
to the regulations for the district in which such use or building
exists.
Premises for the care of three or more persons, as licensed
by the Massachusetts Department of Public Health.
Space adequate to park an automobile, plus means of access.
Where spaces are not marked, each space shall be assumed to require
350 square feet.
A wall shared by buildings constructed on either side of
it. Such a wall contains no openings, passage or access and extends
from its footing below finished grade to the underside of the roof
sheathing. Also called "common wall."
A courtyard open to the sky or a paved area adjoining a house,
for outdoor lounging, dining, etc.
An endowed or charitably supported nonprofit religious or
nonsectarian activity maintained for a public or semi-public use.
A covered entrance to a building and forming a sort of vestibule
within the main wall, or an open or enclosed gallery or room on the
outside of the building projecting without or with a separate roof.
Housing operated by a public body.
Premises where two or more horses are kept for remuneration,
hire or sale.
Energy generated from natural resources such as sunlight,
wind, rain, and geothermal heat, which are naturally replenished.
Renewable energy is natural, which does not have a limited supply.
Renewable energy can be used again and again, and will never run out.
Renewable energy sources include biomass, hydro, geothermal, solar,
tidal wave, and wind.
Facilities used primarily for research, development and/or
testing of innovative information, concepts, methods, processes, materials,
or products. This can include the design, development, and testing
of biological, chemical, electrical, magnetic, mechanical, and/or
optical components in advance of product manufacturing. The accessory
development, fabrication, and light manufacturing of prototypes, or
specialized machinery and devices integral to research or testing
may be associated with these uses.
Premises for the sale of agricultural products, the major
portion of which were raised on the premises.
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area and bearing only
property numbers, names of occupants of premises, or other identification
of premises not having commercial connotations;
Flags and insignia of any government except when displayed in
connection with commercial promotion;
Legal notices, identification, informational, or directional
signs erected or required by governmental bodies;
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter;
Temporary signs erected for any charitable or religious cause.
A sign whose subject matter relates to the premises on which
it is located, or to products, accommodations, services, or activities
on the premises.
The entire area within a regular geometric form or combinations
of regular geometric forms comprising all of the display area of the
sign and including all of the elements of the matter displayed. One
side only of signs with faces at 180° to each other shall be counted.
Frames and structural members not bearing advertising matter shall
not be included in computation of sign area.
A sign whose subject matter relates to a candidate or candidates
for elective office or to a question to appear on an election ballot.
Any sign which, by its inherent nature, can be expected to
remain in place and be altered for less than six months, such as those
made of nondurable materials (e.g., cardboard), those with content
of transient usefulness (e.g., announcements) or portable signs.
Either:
A public way or a way which the Town Clerk certifies is maintained
and used as a public way; or
A way shown on a plan approved in accordance with the Subdivision
Control Law;[2] or
A way in existence when the subdivision control became effective
in Bellingham, having, in the opinion of the Planning Board, sufficient
width, suitable grades and adequate construction to provide for the
needs of vehicular traffic in relation to the proposed use of the
land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the building erected
or to be erected thereon.
The property line defining the outside of the street right-of-way.
Anything constructed or erected, the use of which requires
location on the ground, including buildings, mobile homes, billboards,
swimming pools, tanks, or the like, or part thereof.
Any constructed pool, located above or below the ground,
whether portable or fixed, used or capable of being used for swimming,
wading, or bathing purposes. Pools having a depth of two feet or more
and having a capacity of 200 cubic feet or more in volume shall be
considered structures.
Tent, construction shanty, or similarly portable or demountable
structure intended for continuous use for not longer than one year.
A towed vehicle for transportation of goods or animals, but
not intended for human occupancy.
Premises principally used for the parking, storage, and servicing
of trucks or buses, and/or loading or unloading of cargo or passengers
into vehicles or storage, but not including such activities if accessory
to a principal use.
A bus or truck having capacity in excess of the limits for
a light commercial vehicle, or motorized construction equipment other
than trucks.
A taxi; a bus with capacity not exceeding 10 passengers;
or a truck with GVW rating not exceeding 14,000 pounds and enclosed
cargo area not exceeding 400 cubic feet.
A path set aside for walking.
The collection, treatment, storage, burial, incineration
or disposal of hazardous waste as defined by the Division of Hazardous
Waste under M.G.L. ch. 21(c), or of radioactive waste including low-level
radioactive waste as defined in Section 11e(2) of the Atomic Energy
Act of 1954.
An area open to the sky and free of any storage of materials
or manufactured products, located between a street or other property
line and any structure or element thereof other than:
A yard extending between side lot lines across the front
of a lot on each street it adjoins, measured perpendicular to a line
connecting the foremost points of the side lot lines.
A yard abutting a rear property line, that is, typically
a line or set of lines approximately parallel to the frontage street,
and separating lots whose frontage is established on different streets.
Yards on irregularly shaped lots where "side" versus "rear" is indeterminate
shall be construed as rear yards.
A yard abutting a side property line, typically a line or
set of lines which intersect a street line, separating lots whose
frontage is established on the same street, extending between side
and rear yards. Corner lots commonly have two side yards and no rear
yard.
[1]
Editor's Note: For definitions related to specific regulations in this chapter, see the following: Parking Bylaw, see Art. X, § 240-57; major residential development, see Art. XIV, § 240-81; Water Resource Districts, see Art. XX, § 240-134; wireless communications facilities, see Art. XXI, § 240-142; adults uses, see Art. XXII, § 240-149; Mill Reuse Overlay District, see Art. XXIII, § 240-156; large-scale ground-mounted solar photovoltaic installations, see Art. XXIV, § 240-163; inclusionary housing, see Art. XXV, § 240-173.
[2]
Editor's Note: See M.G.L. ch. 41, §§ 81K to
81GG.
