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BYLAW: Bed & Breakfast Establishments
Download a .pdf file of this Bylaw
MUNICIPALITY: Hingham, MA
DATE ADOPTED: Unknown
FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Hingham Planning Board
210 Central Street
Hingham, MA 02043-2759
Phone 781-741-1419
TEXT OF THE BYLAW
Bed & Breakfast Establishment
1. Purpose
(a) Under the authority conferred by Massachusetts General Law Chapter 40A, as
amended, and every other power and authority thereto pertaining, the Town of Hingham adopts
this By-Law for the regulation of Bed & Breakfast establishments in districts zoned as residential
and business to achieve the following purposes:
(i) to encourage the utilization of homes in residential and business zoned districts which
because of their size are costly and/or difficult to maintain as private residences; to
provide an economic incentive to maintain and to rehabilitate older, larger residences.
(ii) to regulate Bed & Breakfast establishments to insure sensitivity and compatibility
with the surrounding neighborhoods in residentially zoned districts through minimizing
adverse impacts on neighboring residential uses.
2. Description
A Bed & Breakfast is a single-family dwelling having a mixed use as a home for the residential
owner and as an accessory use for guest lodging. The home is to be the primary and legal
residence of the owner.
3. Submittal and Review Requirements
A Special Permit A2 shall be required to operate a Bed & Breakfast establishment. As a part of
any application for said Special Permit, applicants shall submit, at a minimum, the information
required for Site Plan approval.
4. Minimum Requirements
(a) The Bed & Breakfast establishment and operation shall be located within an existing
owner-occupied single family dwelling containing a minimum of four (4) bedrooms as of
March 10, 1941.
(b) Up to three (3) rooms, but not more than one-half (1/2) of the bedrooms as of March
10, 1941, may be dedicated to the Bed & Breakfast establishment. Additionally, not more
than forty-five (45%) percent of the entire habitable living space shall be allocated for
Bed & Breakfast establishment purposes, and there shall be no more than six (6) guests
lodging at the establishment at any one time.
(c) The Special Permit authorizing a Bed & Breakfast establishment shall be issued to the
owner of the property only and is not transferable to a subsequent property owner.
(d) The owner of the property shall be responsible for the operation of the property and
shall be a resident of the property when the Bed & Breakfast establishment is in
operation. The owner shall file an affidavit with the Building Commissioner and Town
Clerk on an annual basis in the month of January, stating that the property is the principal
residence of the owner and that the owner is in residence at all times that the Bed &
Breakfast is being operated. If the affidavit is not filed, the operation shall cease
forthwith, and any Special Permit issued hereunder shall be considered null and void.
(e) The single-family residence in which the Bed & Breakfast operation is located shall be
maintained so that the appearance of the building and grounds remain that of a
single-family residence.
(f) No cooking facilities, including, but not limited to, stoves, microwave ovens, toaster
ovens, and hot plates, shall be available to guests and no meals, except continental
breakfast, shall be served to guests. Alcohol shall also be prohibited from being served on
the premises to any Bed & Breakfast guest. Additionally, there shall be at least one (1)
bathroom solely dedicated to the guests of the Bed & Breakfast establishment.
(g) If the property is not to be served by public water, the applicant shall provide evidence
to the Zoning Board of Appeals that the proposed use will not have any detrimental
impact on any water supply on-site or off-site.
(h) Any septic system shall have the design capacity to support the proposed number of
rooms available for rent, as said design capacity is defined by the Hingham Board of
Health. Any Certificate of Occupancy shall be signed by the Hingham Board of Health.
New Bed & Breakfast establishments served by an existing septic system shall not be
granted approval for operation until the Health Department confirms compliance with
inspection and/or design requirements as set forth in 310 CMR 15.301; 302; 303; 352;
414 State Environmental Code Title V Minimum Requirements for the Subsurface
Disposal of Sanitary Sewage and any applicable local Board of Health rules and
regulations.
(i) Exterior lighting shall be so shaded as to prevent illumination off-site. All external
lighting, except for demonstrated security needs, shall be extinguished by 10:00 P.M.
(j) No parking shall be located in any required building yard set back. Parking areas shall
be screened from adjoining residential properties by a fence or dense plantings, not less
than five (5) feet in height. Furthermore, parking shall be prohibited in the front yard(s) as
defined in the Hingham Zoning By-Law, Section VI. All parking for a Bed & Breakfast
facility shall be located on the premises. There shall be provided two (2) parking spaces
for the home owner and one (1) parking space for each room which the Bed & Breakfast
establishment has available for rent to guests.
Applicants for Special Permits under the provisions of this By-Law shall provide
sketches, drawings or plans necessary to illustrate compliance with the requirements of
this By-Law. The Planning Board or Board of Appeals may, at its discretion, require
plans to be prepared by registered land surveyors, architects or engineers to illustrate the
Special Permit application for the benefit of the Board and other Town officers such as
the Building Commissioner and the Health Officer. Illustration required may include but
not be limited to parking and driveway plan, room layout, sanitary facilities, and kitchen
facilities.
(k) Any sign relating to a Bed & Breakfast operation shall comply with the applicable
sign By-Law as set forth in Section V-B. However, all signs for a Bed & Breakfast
operation shall be not greater than 1 1/2 x 1 1/2 feet in size.
(l) Prior to the renting of any rooms to guests the applicant shall obtain a Certificate of
Occupancy from the Hingham Building Commissioner. The Certificate of Occupancy
shall be renewable every year according to the applicable fee schedule established by the
Board of Selectmen.
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