Are uses which when established on a property in the Town of
Dartmouth were lawfully allowed but because of changes in the Zoning
Bylaw are no longer allowed in the zoning district within which the
use is located.
A. Protection of non-conforming uses. Non-conforming uses are allowed
to continue operation in the same manner and extent of the non-conformity
present at the time of adoption of the zoning bylaw which made the
use non-conforming. This section shall not apply to billboards, signs,
and other advertising devices subject to the provisions of MGL Chapter
93, Sections 29 through 33, inclusive, Chapter 93D or to adult bookstores,
adult motion picture theaters, adult paraphernalia shops or adult
video stores subject to the provisions of MGL Chapter 40A, Section
9A.
B. Change of non-conforming use to an allowed use. The alteration of
a non-conforming use or portion thereof, to an allowed use in the
district, shall negate any rights of operation to the non-conforming
use so altered or changed.
C. Discontinuance of non-conforming use. When a non-conforming use or
portion thereof has been discontinued for a period of two or more
years, said use shall not be re-established and future use of the
property shall be in conformity with these by-laws.
D. Expansion or change of one- or two-family residential non-conforming
uses. Existing one or two family residential uses which are non-conforming
uses, may expand or be altered without a Special Permit from the Board
of Appeals if the expansion or alteration meets the setback, height,
and lot coverage standards of the zoning district in which the residential
use is located.
E. Expansion or change of non-conforming uses other than one- or two-family
residential uses.
[Amended 6-7-2016 ATM
by Art. 18, approved 7-21-2016]
(1) Non-conforming
uses other than a one or two family residential use may be extended
or changed to another non-conforming use only by Special Permit granted
by the Board of Appeals. However, in Single Residence A, B and C Zoning
Districts, non-conforming uses may not be changed to another non-conforming
use.
(2) The
Board of Appeals shall not issue a Special Permit unless the Board
finds that the extension or change of use is not more detrimental
to the neighborhood than the existing non-conforming use.
F. Alterations in conformance with bylaw. A non-conforming use may be
altered without a Special Permit by the Board of Appeals, but not
extended, if the alteration conforms with this Zoning Bylaw.
Are structures which when built were in compliance with the
development standards, if any, in effect at the time, but because
of changes in the Zoning Bylaw no longer conform to the development
standards for structures in the zoning district in which the structure
is located.
A. Protection of existing non-conforming structures. Non-conforming
structures which are legally in existence prior to October 26, 1993,
shall be considered in compliance with this Zoning Bylaw.
B. Expansion of non-conforming one- or two-family structures.
(1)
Expansions or alterations of one or two family residential structures
in non-residential zoning districts need only meet the setback, height,
and lot coverage standards of the zoning district in which the residential
structure is located.
(2)
When the expansion or alteration of such a structure cannot
conform with the development standards for structures in the zoning
district in which the structure is located; the structure may be extended
or altered only by Special Permit granted by the Board of Appeals.
The Board of Appeals shall not issue a Special Permit unless the Board
finds that the extension is not more detrimental to the neighborhood
than the existing non-conforming structure.
C. Expansion of non-conforming structures for uses other than one- or
two-family structures.
(1)
Legal non-conforming structures, other than a one or two family
residential structure, are allowed to expand or be altered without
a Special Permit from the Board of Appeals if the expansion or alteration
of the structure conforms with the development standards for structures
in the zoning district in which the structure is located.
(2)
When the expansion or alteration of such a structure cannot
conform with the development standards for structure in the zoning
district in which the structure is located; the structure may be extended
or altered only by Special Permit granted by the Board of Appeals.
The Board of Appeals shall not issue a Special Permit unless the Board
finds that the extension is not more detrimental to the neighborhood
than the existing non-conforming structure.
Are lots which when recorded or endorsed were in compliance
with the frontage, area and shape requirements in effect at the time,
if any, but because of changes in the Zoning Bylaw no longer conform
to the frontage, area, and shape requirements of the zoning district
in which the lot is located.
A. Uses and structures not affected by non-conforming lots. Expansions or alterations of non-conforming uses or structures on non-conforming lots are allowed in accordance with the requirements of §§
375-6.1 and
375-6.2 above.
B. Vested rights for residential lots in single ownership. The Building
Commissioner/Zoning Enforcement Officer may issue a building permit
for a non-conforming lot located in a residential district if all
of the following conditions are met:
(1)
The lot was not held in common ownership with any adjoining
land when the zoning by-law changed to make the lot non-conforming.
(2)
The lot has at least 5,000 square feet of area.
(3)
The lot has at least 50 feet of frontage on a street which is
built and improved to the standards required for the zoning district.