Businesses engaged in the bulk storage of materials, as defined
herein, may cause excessive noise, traffic and odor and may otherwise
impact the health safety and welfare of Bellingham residents. As a
consequence, all existing and proposed bulk storage operations must
obtain a bulk storage license from the Board of Selectmen.
BULK STORAGE
The outdoor storage of materials, such as, but not limited
to, sand, mulch, lumber, coal, or other bulk materials not for retail
sales on premises whether as a primary or accessory use of the subject
property; and the bulk storage of liquids in tanks except underground
as an accessory use.
No more than five bulk storage licenses shall be granted and
in effect at any one time. Notwithstanding the foregoing, each bulk
storage use existing as of the effective date of this bylaw may be
entitled to a license and such license may be renewed, provided that
said bulk storage use applies for a license within 60 days from the
effective date of this bylaw and provided further that such existing
use is compliant with all applicable laws, rules, regulations and
accepted standards for such use. In the event that there are more
than five existing bulk storage uses that obtain licenses, as aforesaid,
no new licenses may be granted until the number of such active licenses
falls below five.
Bulk storage licenses must be renewed annually. Each such license
shall terminate on December 31. An application for renewal must be
received by no later than November 15 of any given year. The Board
of Selectmen shall vote to issue such renewals at duly posted meeting.
When determining issuance or renewal of a bulk storage license
the Board of Selectmen may take into consideration any concerns regarding
health, safety and welfare of the residents of Bellingham, as well
as any environmental concerns. The Selectmen may impose conditions
on the issuance or renewal of a bulk storage license. The Selectmen
may impose reasonable conditions on any bulk storage license.
In the event that any bulk storage licensee is found to be in
violation of its license or of any law, regulation, bylaw or other
accepted standard, the Selectmen may commence a proceeding for revocation
of the license. Such proceeding shall be commenced by written notice
to the licensee of a hearing before the Selectmen, not less than seven
days following the date of delivery of such notice. The licensee shall
be provided with an opportunity to present evidence and testimony
at any such hearing. The Selectmen's decision shall be issued,
in writing no later than 21 days following the close of such hearing.