The purpose of Single Residence B Districts is to:
A. Preserve the rural character of the Town by maintaining low and moderate
population density.
B. Minimize congestion on Town roads.
C. Provide uses compatible with on-site sewage disposal and water supply
capabilities.
D. Minimize the impact of development on natural resources.
E. Allow the use of property without creating a nuisance to abutting
properties.
F. Provide for certain non-residential uses which are compatible with
the residential setting.
The following uses are allowed in Single Residence B Districts:
A. Single-family dwelling.
(1)
A single building or portion thereof that provides living quarters
for one family. The living quarters may or may not include cooking,
sleeping or sanitary facilities but generally provides space for people
to live. The living quarters shall be clearly designed for use by
one family which forms a single housekeeping unit. Indications of
a single housekeeping unit may consist of but not be limited to shared:
living spaces, cooking, sanitary facilities, use of utilities or table
board.
(2)
Where multiple facilities such as kitchens, baths, or living
rooms are provided in a single-family home, they shall only be allowed
in such a manner so that they cannot be partitioned into separate,
family living quarters, unless as allowed in these by-laws.
B. Garages, sheds and storage buildings.
(1)
A building or structure used primarily for the purpose of storage,
sheltering motorized vehicles and boats, or as a workshop provided
that such building or structure shall not be used for business, service
or industry except as allowed in these by-laws for such uses as home
occupations, home educational uses, etc.
(2)
Each garage, shed, or storage building shall be limited to a
maximum foundation footprint of 1,500 square feet. Barns, stables,
and other buildings for agricultural uses are exempt from this limit.
In addition, garages accessory to a residence are allowed to exceed
the footprint limit by up to 1/3 the area of the residential living
space.
C. Renting of rooms. Within a single-family dwelling, rooms may be rented
to a maximum of two additional persons. The accommodations of these
two additional persons shall be within the living quarters of the
resident owner, sharing the same cooking, sanitary facilities and
table board. A resident owner is defined as the person or entity that
owns the fee to the property and occupies the premises.
D. Accessory apartments.
(1)
Is a separate living area, which is clearly subordinate to the
principal residential unit and meets standards defined below.
(2)
The purpose of accessory apartments is to provide diverse housing,
typically for young couples, singles or elderly individuals who wish
to live in Dartmouth but do not have the financial resources or desire
to own a single-family home. Accessory apartments are also meant to
provide housing for younger or older family members of persons residing
in the principal residence who wish to live in separate living quarters.
(3)
In addition to the above purpose, an accessory apartment shall
meet the following standards:
(a)
Only one accessory apartment is allowed per lot.
(b)
No other rental or leased accommodations may be provided on
a lot for which an accessory apartment is allowed.
(c)
Is located within or attached by a conditioned space to a single-family residence in such a manner so as to
maintain the appearance of a single-family residence.
(d)
An accessory apartment can also be located in a detached accessory
structure if the detached accessory structure was in existence prior
to June 6, 2006, and the first floor footprint was a minimum of 400
square feet in area. The detached accessory structure must comply
with current setback, height, and lot coverage requirements. An accessory
apartment located in an existing, detached accessory structure shall
be located within the footprint of the detached accessory structure.
[1]
The existing detached accessory structure can be completely
rebuilt to accommodate the accessory apartment as long as the reconstruction
occurs within the footprint of the existing accessory structure as
it existed on June 6, 2006, and the exterior appearance complements
the appearance of the primary residential structure on the property
by incorporating a similar roof style/pitch, roofing material, windows,
and siding materials.
[2]
Accessory apartments located in existing detached accessory
structures are exempt from the requirement for a Special Permit to
install plumbing in accessory buildings or structures.
(e)
Contains not more than 800 square feet of habitable gross floor
area, and has no more than two bedrooms.
(f)
Is occupied by no more than two unrelated persons or three persons
related by blood, adoption or marriage.
(g)
The property owner must occupy either the accessory apartment
or the primary single-family residence.
(h)
The Board of Health confirms that the accessory apartment can
be accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
(i)
The Building Department confirms that the accessory apartment
can be accommodated with respect to CMR 780, Massachusetts State Building
Code.
(j)
Two off-street parking spaces are provided for the accessory
apartment in addition to other required parking spaces for the primary
single-family residence and all these parking areas comply with applicable
zoning standards.
(k)
The primary single-family residence is not being used as a lodging
house or rooms rented.
(l)
The single-family residence/accessory apartment is located on
a lot of at least 12,000 square feet.
E. Home occupations.
(1)
An occupation, trade, profession, activity or use which is conducted
for financial gain and such use is clearly incidental and subordinate
to the use of the residential dwelling. The purpose of these standards
is to strongly limit the size and intensity of a proposed home occupation
so that the residential premises do not become retail or commercial
in appearance or character.
(2)
The home occupation shall be of a type that does not affect
the residential character of the neighborhood nor produce nuisances
such as but not limited to, hazards from fire, fumes, gas, smoke,
odors, obnoxious dust, vapors, offensive noise or vibration, flashes,
glare, objectionable effluent or electrical interference which may
impair the normal use and peaceful enjoyment of any property, structure
or dwelling in the neighborhood.
(3)
Any home occupation is allowed if the activities of the home
occupation do not appear different than the normal use of the property
by the owner for his residence, appropriate measures are taken to
prevent any nuisances listed above, and the conditions listed below
are met.
(4)
The purpose of home occupations is to allow individuals to supplement
their income or to encourage the development of small businesses in
an environment with minimal overhead and financial risk. If the home
occupation becomes successful and no longer fits within the constraints
of the residential district, the business will then have the resources,
experience and clientele to move into the commercial or industrial
districts, thereby improving the economy of the Town and region.
(5)
Home occupations are allowed under the following conditions:
(a)
The home occupation does not alter the residential appearance
of the dwelling or accessory buildings.
(b)
Such occupation shall be carried on by the person who owns the
property or his immediate family who reside on the premises.
(c)
Not more than one non-family member is on the premises at one
time who assists or engages in the home occupation.
(d)
The home occupation shall not utilize more than 600 square feet
of space on the premises, including all areas for storage, office,
work areas, or any activity associated with the home occupation.
(e)
Off-street parking spaces are provided at the ratio of one space
for each increment of zero to 200 square feet of home occupation area
and one for each additional employee.
(f)
Home occupation space outside a building shall be screened from
the street or abutting properties. Except that agricultural products,
such as but not limited to vegetables, flowers, fruits, eggs, etc.,
produced on the premises, do not need to be screened.
(g)
There shall be no exterior advertising regarding the home occupation
exhibited on the premises except for one wooden identification sign
not to exceed two square feet on each of two sides. Each side of the
sign can be used for identification. The sign shall not be illuminated
either internally or directly.
(h)
Where products are offered for sale from the premises, at least
80% of the products for sale shall be produced on the premises. This
requirement does not apply to products which are sold from the premises
by mail.
(i)
Traffic or congestion in the street will not be objectionably
increased above that associated with a residential home. If more than
two vehicles are regularly parked in the street (total of four hours
in a twenty-four-hour period) as a result of the home occupation,
this will be considered an objectionable increase.
(j)
Traffic/parking/pedestrian regulation signs are allowed if required
by the Town.
(k)
The Board of Health confirms that the home occupation can be
accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
F. Home educational uses. Educational uses operated from a residential
property and which are taught without the benefit of full-time faculty
and offer instruction for profit to individuals or groups in subjects
such as but not limited to dance, art, martial arts, ceramics, etc.
are allowed by right if the following conditions are met:
(1)
The home educational use does not alter the residential appearance
of the dwelling or accessory buildings.
(2)
Instruction shall be carried on by a person who owns and resides
on the premises, with no more than one additional instructor or other
employee on the premises at one time.
(3)
The home educational use shall not utilize more than 600 square
feet of indoor space on the premises. Outdoor educational space shall
be limited to facilities such as swimming pools or tennis courts that
are normally associated with a residence.
(4)
Off-street parking spaces are provided at the ratio of three
spaces for each increment of zero to 200 square feet of home educational
use area and one for each additional employee.
(5)
Home education use space outside a building shall be screened
from the street or abutting properties.
(6)
There shall be no exterior advertising regarding the home educational
use exhibited on the premises except for one wooden identification
sign not to exceed two square feet on each of two sides. Each side
of the sign can be used for identification. The sign shall not be
illuminated either internally or directly.
(7)
Traffic will not be objectionably increased above that associated
with a residential home. If more than two vehicles are regularly parked
in the street (total of four hours in a twenty-four-hour period) as
a result of the home educational use, this will be considered an objectionable
increase.
(8)
Classes are limited to no more than five students per session
or class, with only one class or session conducted on the premises
at any one time.
(9)
Traffic/parking/pedestrian regulation signs are allowed if required
by the Town.
(10)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(11)
Classes shall only be conducted between the hours of 8:00 a.m.
- 9:00 p.m.
(12)
The Board of Health confirms that the educational use can be
accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
(13)
The home education shall be of a type that does not affect the
residential character of the neighborhood nor produce nuisances; such
as, but not limited to, hazards from fire, fumes, gas, smoke, odors,
obnoxious dust, vapors, offensive noise or vibration, flashes, glare,
objectionable effluent, or electrical interference which may impair
the normal use and peaceful enjoyment of any property, structure or
dwelling in the neighborhood.
(14)
Any home educational use is allowed if the activities of the
home educational use do not make the property appear different than
the normal use of the property by the owner for his residence or appropriate
measures are taken to prevent any nuisances.
G. General educational uses (non-profit). General Educational Uses (non-profit)
are uses which provide a curriculum of academic instruction and include
full-time teaching staff in facilities such as, but not limited to
kindergartens, elementary schools, middle schools, junior high schools,
high schools, colleges and universities or museums and libraries;
which are operated as a non-profit organization. General Educational
Uses (non-profit) are allowed by right if the following conditions
are met:
(1)
The scale of the proposal does not detract from the residential
character of the neighborhood.
(2)
The architecture of buildings is residential in character, particularly
providing gabled roofs, wood siding, an articulated footprint and
varied facade face. Alternate architectural styles or materials can
be considered if appropriate for the site and not out of character
with the neighborhood.
(3)
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
(4)
Parking spaces shall be provided at a ratio of one per 400 square
feet of educational space.
(5)
The Board of Health confirms that the general educational use
can be accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
(6)
Adequate vegetative or earthen buffering exists or is provided
on a plan of development to screen parking and large buildings from
adjacent streets and properties.
(7)
Signs shall be limited to one wooden identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second wooden
identification sign may be allowed if the Planning Board determines
it is needed.
(8)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(9)
The Building Commissioner shall forward all proposals for General
Educational Uses to the Planning Board for a report with recommendation
regarding compliance with the above criteria.
H. Places of worship. An institution or place where religious services,
spiritual meetings or associated activities are held on a regular
basis.
I. Agricultural uses.
(1)
Agricultural Uses are uses which include the use of land for
agricultural purposes such as dairying, equine activities, pasturage,
animal and poultry husbandry, crop production, truck farming, horticulture,
floriculture, forestry, aquaculture, hydroponics, or viticulture and
uses ancillary to these activities.
(2)
The purpose of defining and setting standards for agricultural
uses is to encourage legitimate agricultural uses in the Town of Dartmouth
by allowing these uses to function with minimal conflict. This agricultural
use regulation applies to all agricultural uses, provided that these
uses shall enjoy all the rights and privileges, and be subject to
those liabilities, afforded to such uses under Massachusetts General
Laws. Massachusetts Law shall apply in the event that it affords more
protection to agricultural uses above five acres in area than does
this by-law.
(3)
The right to farm is hereby recognized to exist in the Town
and is hereby declared a permitted use provided it is in conformance
with federal, state, and local law. The right to farm includes, but
is not limited to:
(a)
Production of crops, trees, foods, fibers, apiary and forest
products, livestock, poultry, and other agricultural commodities.
(b)
Housing of farm laborers located on the farm at which they are
employed, subject to State building codes and Town zoning.
(c)
Erection of agricultural buildings, including those dedicated
to the processing and packaging of the output of the farm and those
ancillary to agricultural production.
(d)
Grazing of animals and use of range for fowl.
(f)
Operation and transportation of large, slow-moving equipment
over roads within the Town.
(g)
Control of pests, including, but not limited to, insects and
weeds, predators and diseases of plants and animals, subject to Massachusetts
Pesticide Board Regulations.
(h)
Conducting agriculture-related educational and farm-based recreational
activities provided that the activities are related to marketing the
agricultural output or services of the farm.
(i)
Use of any and all equipment accessory to agriculture, including
but not limited to: irrigation pumps and equipment, aerial and ground
seeding and spraying, tractors, harvest aids, and bird control devices.
(j)
Processing and packaging of the agricultural output of the farm.
(k)
Operation of a farmer's market or farm stand with attendant
signage, including the construction of building and parking areas
in conformance with applicable Town and State standards.
(l)
Operation of a pick-your-own operation with attendant signage.
(m)
Replenishment of soil nutrients and improvement of soil tilth.
(n)
Clearing of woodlands using open burning and other techniques,
installation and maintenance of vegetative and terrain alterations
and other physical facilities for water and soil conservation and
surface water control in wetland areas, as stipulated in Farming in
Wetlands Resource Area: A Guide to Agriculture and the Massachusetts
Wetlands Protection Act, Commonwealth of Massachusetts, Departments
of Environmental Management, Environmental Protection, and Food and
Agriculture, Rev. January 1996 (Publication on file at the Dartmouth
Town Hall at the offices of the Conservation Commission, the Town
Clerk, and the Agricultural Commission) or the most recent applicable
guidance.
(o)
On-site composting of organic agricultural wastes which is subject
to best management practices, prevents the unpermitted discharge of
pollutants, is accessory to the primary agricultural use, and does
not cause a public nuisance [MGL, 310 CMR 16.05(4)(c) and MGL Chapter
21H, Section 7(b)].
(p)
The application of manure, fertilizers, and pesticides (see:
current Massachusetts Pesticide Board Regulations 333 CMR 1.00).
(q)
Installation of wells, ponds, and other water resources for
agricultural purposes such as irrigation, sanitation, and marketing
preparation.
(r)
On-farm relocation of earth and the clearing of ground for farming operations, provided that the movement of soils that are rated as "prime" by the Natural Resources Conservation Service shall not adversely affect agriculture in the Commonwealth. Off-farm earth removal shall be conducted only by Special Permit from the Zoning Board of Appeals in accordance with Article
45 of the Zoning By-Laws.
(4)
The minimum area of agricultural use shall be that necessary
for the agricultural product being produced. (See Board of Health
Regulations as to lots of less than five acres.) Agricultural uses
include as an accessory use those facilities for the sale of agricultural
products, wine and dairy products, except that facilities for the
sale of agricultural products shall be regulated in the following
manner:
(a) During the harvest season of the primary crop, at least 50% of the
products offered for sale on agricultural land owned or leased by
a particular person shall have been produced on land owned or leased
by the same person. Nonagricultural products customarily offered for
sale shall not exceed 30% of the value of agricultural products offered
for sale from the premises.
(5)
Consistent with Massachusetts General Laws, Chapter 111, Section
125A, the odor from the normal maintenance of livestock or the spreading
of manure upon agricultural and horticultural or farming lands, or
noise from livestock or farm equipment used in normal, generally acceptable
farming procedures or from plowing or cultivation operations upon
agricultural and horticultural or farming lands shall not be deemed
to constitute a nuisance.
J. Stables.
(1)
A building and its surrounding grounds where horses or draft
animals are kept or brought in for training, boarding, breeding, hire,
riding, sale, show, competition, or any other equine activity or discipline.
(2)
Consistent with Massachusetts General Laws, Chapter 111, Section
125A, the odor from the normal maintenance of livestock or the spreading
of manure upon agricultural and horticultural or farming lands, or
noise from livestock or farm equipment used in normal, generally acceptable
farming procedures or from plowing or cultivation operations upon
agricultural and horticultural or farming lands shall not be deemed
to constitute a nuisance.
K. Gardens.
(1)
Land set aside for the growing of ornamental, vegetable, or
fruiting plants or for horticultural beautification of the property.
Buildings or structures to support this activity are considered accessory
uses.
(2)
Consistent with Massachusetts General Laws, Chapter 111, Section
125A, the odor from the normal maintenance of livestock or the spreading
of manure upon agricultural and horticultural or farming lands, or
noise from livestock or farm equipment used in normal, generally acceptable
farming procedures or from plowing or cultivation operations upon
agricultural and horticultural or farming lands shall not be deemed
to constitute a nuisance.
L. Aquaculture farming. Facilities related to the production of shellfish,
fish, or plants. The primary production areas located on top of or
in marine or fresh waters. Accessory land based support facilities
such as docks, storage, and propagation buildings are allowed.
M. Shellfishing. Areas for the support of resident shellfishing operations
which includes boat and trap storage. Such areas shall be located
on the same lot upon which the owner resides. Trap storage shall not
cause a nuisance to abutting properties with respect to odor.
N. Conservation areas; natural recreation areas. Land set aside for
the permanent preservation and enjoyment of natural resources and
including associated educational centers, restrooms, hiking or skiing
trails, picnic areas, swimming areas, boat launching ramps and parking
facilities.
O. Municipal uses. Any building, structure, facility, or use owned and
operated by the Town of Dartmouth.
P. Fire district uses. Any building, structure, facility or use owned
and operated by Fire District No. 1, No. 2, or No. 3 and with the
expressed purpose to promote public safety.
Q. Real estate signs. A single sign for the temporary (once property
sold must be removed) advertisement of the sale of property upon which
the sign is located. The overall dimensions of the sign shall not
exceed six square feet and placed on the property being advertised.
Permanent subdivision identification signs, the overall dimensions
of which shall not exceed six square feet, are allowed on private
property with no more than two single sided or one double sided sign
at an intersection and meeting intersection sight triangle setback
requirements. One temporary (once all lots sold, must be removed)
subdivision advertisement sign not to exceed the overall dimension
of six square feet is allowed at the entrance to a subdivision. The
above signs shall not be illuminated either internally or directly.
R. Exempt uses. Any uses exempted from zoning by Massachusetts General
Laws, Chapter 40A, Section 3, except that the development standards
of this Zoning Bylaw shall apply.
S. Accessory uses. A structure or use that:
(1)
Is clearly incidental to and customarily found in connection
with a principal building or principal use;
(2)
Is subordinate in area, extent or purpose to the principal building
or principal use served;
(3)
Contributes to the comfort, convenience, or necessity of occupants
in the principal building or principal use served; and
(4)
Is located on the same lot as the principal building or principal
use served.
T. Wireless communications sites.
(1)
The following wireless communications sites are allowed by right:
(a)
Towers under 100 feet in height erected for the exclusive use
of a federally licensed amateur radio operator, provided that commercial/non-accessory
uses on such towers may be allowed by Special Permit in accordance
with the Zoning Bylaw.
(b)
The placement of transmitting or receiving equipment totally
within the interior of existing structures so that such equipment
is not visible from the outside of the structure.
(c)
Any equipment, including towers, in existence as of April 3,
1997, can be altered, maintained or replaced by right so long as such
alteration, maintenance or replacement does not represent an increase
or intensification of the use or height of such equipment. This provision
does not allow new commercial or non-accessory uses to be added to
existing equipment or towers, except as otherwise provided by Special
Permit.
(2)
In all cases, the applicant shall certify to the Building Commissioner,
through the appropriate engineer certified in Massachusetts, that
the equipment or tower proposed conforms to all local, State, and
Federal laws and regulations prior to construction or installation.
U. Other uses. Unless expressly listed above, allowed by Special Permit
or exempt under MGL are hereby prohibited.
The following uses are allowed in Single Residence B Districts
only by Special Permit granted by the identified Special Permit Board
in accordance with the procedures of MGL Chapter 40A:
A. Renting of rooms in a non-owner-occupied dwelling. A family which
does not consist of the owner of the residence may rent to a maximum
of two additional persons only with a Special Permit granted by the
Board of Appeals. The Special Permit will only be granted if the following
conditions are met:
(1)
The owner of the property agrees to the rental arrangement.
(2)
The owner of the property and resident family agree to correct
any problems arising from the room rental and are readily accessible
to the Town and neighbors to discuss problems.
(3)
The rental does not impair the normal peace and quiet of the
neighborhood.
(4)
The Board of Appeals may impose conditions and requirements
it deems necessary to protect the residential character of the neighborhood
and ensure the proposed use can be accommodated without nuisance.
(5)
Once a Special Permit has been granted by the Board of Appeals,
the Board of Appeals can revoke the Special Permit after holding a
public hearing in accordance with MGL Chapter 40A, and if conditions
of the Special Permit have not been adhered to or the rental contributes
to a nuisance in the neighborhood.
B. Accessory buildings or structures with kitchen or bathroom facilities.
Accessory buildings or structures within which a kitchen, wet bar,
bathroom, or any plumbing is installed; such as, but not limited to,
cabanas, garages, or studios. Such an accessory use is allowed by
Special Permit granted by the Board of Appeals if the following requirements
are met:
(1)
The Board of Appeals determines that the accessory building
or structure will not be used as an additional residential unit on
the property. The Board of Appeals shall determine through a review
of submitted building plans that the nature of the proposed plumbing,
wiring or other utilities is not proposed in such a manner so that
the accessory building or structure could be used or converted into
an additional residential unit.
(2)
If a Special Permit is granted there can be an inspection once
a year (after notice to the owner) to determine that the accessory
building or structure has not been converted into an additional residential
unit. Conversion will result in the revocation of the Special Permit
after a public hearing in accordance with MGL Chapter 40A.
C. Lodging houses (bed-and-breakfast). Allowed by Special Permit from
the Planning Board:
(1)
A lodging house is a dwelling where a resident owner rents to
three or more persons by providing nightly accommodations and meals
for lodgers. A resident owner is defined as the person or entity that
owns title to the deed and occupies the premises.
(2)
The purpose of lodging houses is to promote tourism in Dartmouth
by providing lodging in areas of Town that are close to recreational
or cultural resources such as beaches, the harbor, biking and walking
areas, farm country, historic villages and museums. Such lodging is
to be provided in a manner that lodgers will be accommodated in a
household or family type setting and enjoy a more intimate relationship
with the community. Lodging will not be provided on a permanent basis
but is meant to accommodate vacationers or people who are new to the
community and need short-term (three months maximum within any twelve-month
period) lodging.
(3)
A Special Permit for a lodging house will only be granted if
the following issues are met:
(a)
The lodging house shall have the appearance of a single-family
home.
(b)
Adequate off-street parking shall be provided to accommodate
lodgers. Every attempt shall be made to screen off-street parking
from the street and abutters with emphasis on vegetational screening.
(c)
The Board of Health confirms that the lodging house can be accommodated
with respect to onsite water, onsite septic disposal and any other
standards of the Board of Health.
(d)
The property owner must occupy the single-family residence and
manage the lodging house.
(e)
The proposed use shall not create a nuisance to the neighborhood.
(f)
There shall be no exterior advertising regarding the lodging
house exhibited on the premises except for one wooden identification
sign not to exceed two square feet on each of two sides. Each side
of the sign can be used for identification.
(g)
The short term lodging time limit can be extended by the Planning
Board if deemed appropriate.
(h)
Additional conditions to protect the character of the neighborhood
may be imposed as a part of the Special Permit.
(i)
Once a Special Permit has been granted by the Planning Board,
the Planning Board can revoke the Special Permit after holding a public
hearing in accordance with MGL Chapter 40A, if conditions of the Special
Permit have not been adhered to.
D. Assisted elderly housing. A residential facility occupied primarily
by persons 55 years of age and older including their spouses or surviving
spouses, and including rooms occupied by resident staff personnel.
(1)
Assisted elderly housing as defined in this bylaw, can include
the full range of nursing care from total to only partial assistance.
Such assisted elderly housing facility providing shared food preparation
services but also allowing limited residential unit food preparation
areas and providing common recreational, laundry, social, medical
and service facilities for the exclusive use of residents of the assisted
elderly housing.
(2)
Assisted elderly housing will be allowed by Special Permit from
the Planning Board if the following conditions are met:
(a)
The scale of the proposal does not detract from the residential
character of the neighborhood.
(b)
The architecture of buildings is residential in character, particularly
providing gabled roofs, predominately wood siding, an articulated
footprint and varied facade. Alternate architectural styles or materials
can be considered if appropriate to the site and not out of character
with the neighborhood.
(c)
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
(d)
Proposed traffic will not severely change the residential character
of the neighborhood.
(e)
The Board of Health confirms that the assisted elderly housing
can be accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
(f)
Parking areas are screened from adjacent streets and properties, and have additional landscaped areas (beyond Article
24 requirements) within the parking area to reduce the impact of large paved areas.
(g)
Signs shall be limited to one wooden identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second wooden
identification sign may be allowed if the Planning Board determines
it is needed.
(h)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(i)
The maximum number of residential units or beds allowed on a
site shall be determined by the Planning Board based on such factors
as but not limited to, impact on the neighborhood, affordability for
residents, quality of life, and provision for adequate open space,
recreational facilities, parking, landscaping, and buffers. No private
unit shall be larger than 800 square feet.
(j)
Article
24 off-street parking requirements apply except that if the site plan submitted to the Planning Board meets off-street parking plan submittal requirements, the site plan approved in the Special Permit process shall be the approved off-street parking plan. Parking spaces shall be provided at the rate of 0.3 per unit and one for each employee on the largest shift.
(k)
The Planning Board may impose additional restrictions or conditions
to maintain the residential character of the neighborhood.
(l)
Once a Special Permit has been granted by the Planning Board,
the Planning Board can revoke the Special Permit after holding a public
hearing in accordance with MGL Chapter 40A, if conditions of the Special
Permit have not been adhered to.
E. General educational uses (for profit). General Educational Uses (for
profit) are uses which provide a curriculum of academic instruction
and include full-time teaching staff in facilities such as, but not
limited to preschools, kindergartens, elementary schools, middle schools,
junior high schools, high schools, colleges and universities or museums
and libraries.
(1)
General Education Uses are offered for-profit only by Special
Permit issued by the Planning Board. The Planning Board shall not
issue a Special Permit unless at least the following conditions are
met:
(a)
The scale of the proposal does not detract from the residential
character of the neighborhood.
(b)
The architecture of the building is residential in character,
particularly providing gabled roofs, wood siding, an articulated footprint
and varied facade.
(c)
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
(d)
Proposed traffic will not severely change the residential character
of the neighborhood.
(e)
The Board of Health confirms that the general educational use
can be accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
(f)
Adequate vegetative or earthen buffering exists or is provided
on a plan of development to screen parking and large, non-residentially
scaled buildings from adjacent streets and properties.
(g)
Signs shall be limited to one wooden identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second wooden
identification sign may be allowed if the Planning Board determines
it is needed.
(h)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(i)
Once a Special Permit has been granted by the Planning Board,
the Planning Board can revoke the Special Permit after holding a public
hearing in accordance with MGL Chapter 40A, if conditions of the Special
Permit have not been adhered to.
(2)
In addition to the above minimum standards, the Planning Board
may impose conditions to protect the residential character of the
neighborhood.
F. Yacht and beach clubs. Land and support facilities set aside for
the enjoyment of water based recreation and operated either for profit
or non-profit. Clubhouses, swimming pools, tennis courts, parking
facilities, a restaurant and conference/function rooms are allowed
when operated as secondary services. A yacht or beach club is allowed
by Special Permit granted by the Planning Board if the following requirements
are met:
(1)
The architecture of all buildings is residential in character,
particularly providing gabled roofs, predominately wood siding, an
articulated footprint and varied facade face. Alternate architectural
styles or materials can be considered if appropriate to the site and
not out of character with the neighborhood.
(2)
The location of buildings or structures placed on the lot will
not adversely affect adjacent homes or uses.
(3)
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
(4)
Proposed traffic will not severely change the residential character
of the neighborhood.
(5)
The Board of Health confirms that the yacht or beach club can
be accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
(6)
Parking areas are screened from adjacent streets and properties, and have additional landscaped areas (beyond Article
24 requirements) within the parking area to reduce the impact of large paved areas.
(7)
Signs shall be limited to one wooden identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second wooden
identification sign may be allowed if the Planning Board determines
it is needed.
(8)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(9)
Article
24 off-street parking requirements apply except that if the site plan submitted to the Planning Board meets off-street parking plan submittal requirements, the site plan approved in the Special Permit process shall be the approved off-street parking plan.
(10)
The Planning Board may impose additional restrictions or conditions
to maintain the residential character of the neighborhood.
(11)
Once a Special Permit has been granted by the Planning Board,
the Planning Board can revoke the Special Permit after holding a public
hearing in accordance with MGL Chapter 40A, if conditions of the Special
Permit have not been adhered to.
G. Golf courses. Land and support facilities set aside for the game
of golf and operated either for profit or non-profit. The golf course
must consist of at least a nine-hole regulation course and can include
clubhouses, swimming pools, tennis courts, parking facilities, a restaurant
and conference/function rooms when operated as secondary services
of the golf course. A golf course does not include facilities which
offer primarily miniature golf, driving ranges, par three courses,
or pitch and putts. A golf course is allowed by Special Permit granted
by the Planning Board if the following requirements are met:
(1)
The architecture of all buildings is residential in character,
particularly providing gabled roofs, predominately wood siding, an
articulated footprint and varied facade. Alternate architectural styles
or materials can be considered if appropriate to the site and not
out of character with the neighborhood.
(2)
The location of buildings or structures placed on the lot will
not adversely affect adjacent homes or uses.
(3)
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
(4)
The Board of Health confirms that the golf course can be accommodated
with respect to onsite water, onsite septic disposal and any other
standards of the Board of Health.
(5)
Parking areas are screened from adjacent streets and properties, and have additional landscaped areas (beyond Article
24 requirements) within the parking area to reduce the impact of large paved areas.
(6)
Signs shall be limited to one wooden identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second wooden
identification sign may be allowed if the Planning Board determines
it is needed.
(7)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(8)
Article
24 off-street parking requirements apply except that if the site plan submitted to the Planning Board meets off-street parking plan submittal requirements, the site plan approved in the Special Permit process shall be the approved off-street parking plan.
(9)
The Planning Board may impose additional restrictions or conditions
to maintain the residential character of the neighborhood.
(10)
Once a Special Permit has been granted by the Planning Board,
the Planning Board can revoke the Special Permit after holding a public
hearing in accordance with MGL Chapter 40A, if conditions of the Special
Permit have not been adhered to.
H. Cemeteries. Land used or intended to be used for the burial of the
dead and dedicated for cemetery purposes. Including crematories, mausoleums,
and mortuaries when operated in conjunction with and within the boundaries
of a cemetery of at least 10 acres in area. A cemetery is allowed
by Special Permit granted by the Planning Board if the following requirements
are met:
(1)
The cemetery is designed in a naturalistic manner creating a
park-like setting, preserving natural contours and landscape features.
Perimeter buffers of trees, as well as, providing internal tree plantings
is required.
(2)
The architecture of all administrative, maintenance, or support
buildings are residential in character, particularly providing gabled
roofs, predominately wood siding, an articulated footprint and varied
facade. Alternate architectural styles or materials can be considered
if appropriate to the site and not out of character with the neighborhood.
(3)
The location of buildings or structures placed on the lot will
not adversely affect adjacent homes or uses.
(4)
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
(5)
Proposed traffic will not severely change the residential character
of the neighborhood.
(6)
The Board of Health confirms that the administrative, maintenance,
or support buildings of the cemetery can be accommodated with respect
to onsite water, onsite septic disposal and any other standards of
the Board of Health.
(7)
Parking areas are screened from adjacent streets and properties, and have additional landscaped areas (beyond Article
24 requirements) within the parking area to reduce the impact of large paved areas.
(8)
Signs shall be limited to one wooden identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second wooden
identification sign may be allowed if the Planning Board determines
it is needed.
(9)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(10)
Article
24 off-street parking requirements apply except that if the site plan submitted to the Planning Board meets off-street parking plan submittal requirements, the site plan approved in the Special Permit process shall be the approved off-street parking plan.
(11)
The Planning Board may impose additional restrictions or conditions
to maintain the residential character of the neighborhood.
(12)
Once a Special Permit has been granted by the Planning Board,
the Planning Board can revoke the Special Permit after holding a public
hearing in accordance with MGL Chapter 40A, if conditions of the Special
Permit have not been adhered to.
I. Municipal contract uses. Uses operated by private parties which have
a contract with the Town of Dartmouth to provide a service which benefits
the public are allowed by Special Permit granted by the Board of Appeals
if the following conditions are met:
(1)
A valid contract exists between the Town of Dartmouth and the
private party.
(2)
A public benefit or service is provided which can more effectively
be handled by a private party. In addition, the private party uses
the site primarily to serve the Town of Dartmouth.
(3)
A condition of the Special Permit will be the requirement that
if the contract with the Town of Dartmouth is terminated, so is the
Special Permit.
(4)
The location of buildings or structures placed on the lot will
not adversely affect adjacent homes or uses.
(5)
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
(6)
Proposed traffic will not severely change the residential character
of the neighborhood.
(7)
Parking areas are screened from adjacent streets and properties, and have additional landscaped areas (beyond Article
24 requirements) within the parking area to reduce the impact of large paved areas.
(8)
Signs shall be limited to one wooden identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second wooden
identification sign may be allowed if the Planning Board determines
it is needed.
(9)
All lighting units shall be located no higher than 14 feet,
with lights shielded to direct light downward. Lighting shall not
cause glare onto abutting properties.
(10)
The Board of Health confirms that the municipal contract use
can be accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health.
(11)
The Board of Appeals may impose additional restrictions or conditions
to maintain the residential character of the neighborhood.
(12)
Article
24 off-street parking requirements apply except that if the site plan submitted to the Board of Appeals meets off-street parking plan submittal requirements, the site plan approved in the Special Permit process shall be the approved off-street parking plan.
(13)
Once a Special Permit has been granted by the Board of Appeals,
the Board of Appeals can revoke the Special Permit after holding a
public hearing in accordance with MGL Chapter 40A, if conditions of
the Special Permit have not been adhered to.
J. Telecommunications facilities. A telecommunications facility includes
but shall not be limited to, a free standing structure taller than
50 feet (hereinafter referred to as a "Tower"), related equipment,
and any building or other structure upon which such equipment is to
be located, the purpose of which is to transmit or receive communications
at a distance. Towers for commercial radio or television broadcasting
are not included in this definition and are not permitted in this
district. This regulation is created in order to promote safety and
minimize the visual impact of the telecommunications facility, mitigate
negative impacts to the district and encourage multiple uses on one
structure.
(1)
The placement of transmitting or receiving equipment on the
exterior of existing structures above 50 feet shall require a Special
Permit from the Board of Appeals except as may be otherwise provided
in these By-laws and needs to meet the applicable requirements for
telecommunications facilities.
(2)
A telecommunications facility is allowed by Special Permit granted
by the Board of Appeals if the following requirements are met:
(a)
An applicant for a telecommunications facility shall submit
to the Board of Appeals satisfactory evidence that an existing structure
is not currently available or already proposed in the service area
in order to build a new telecommunications facility.
(b)
The Board of Appeals may allow a telecommunications facility
to the height necessary to accommodate the transmitter/receiver for
the proposed service and to encourage co-location. The Board of Appeals
may limit the telecommunications facility design to one which has
the least visual impact to the neighborhood.
(c)
All towers shall be set back from residential structures and
schools, except those located on the parcel where the tower is to
be located, a distance at least equal to the height of the tower.
The Board of Appeals, as part of the Special Permit process, may impose
more restrictive setbacks.
(d)
Telecommunications facilities or transmitters/receivers shall
be located on sites which minimize the visual impact to the district.
The applicant shall show to the Board of Appeals how this will be
accomplished. Preference shall be given to sites in existing woodlands
which will help screen the base of any proposed tower. Where adequate
existing woodlands are not available, a planting plan shall be provided
which shows any plantings to screen the telecommunications facility.
All vegetation whether existing or proposed within or appurtenant
to the site shall be maintained and protected by the owner of the
telecommunications facility from cutting which will impair the screening
ability of the vegetation.
(e)
Telecommunications facilities, if painted, shall be painted
to minimize visual impact, except where colors specified by the Federal
Aviation Administration for aircraft visibility are required.
(f)
Adequate fencing and other means shall be provided to control
access to the base of any proposed tower, equipment or guy wires.
Fences for the purpose of this subsection shall be no lower than six
feet and no higher than 10 feet without the permission of the Board
of Appeals. If metal fencing is used it shall be screened except for
access gates unless such requirement is waived by the Board of Appeals.
(g)
Compliance with Article
24 or off-street parking requirements of the Zoning Bylaw is not required, except that the Board of Appeals shall review the site plan for access by service vehicles in a manner which minimizes negative impact to the neighborhood.
(h)
All signs and general lighting shall be subject to the standards
of the zoning district in which such telecommunications facility is
located unless otherwise allowed by the Board of Appeals, except where
signs and lighting are required by the FAA for aircraft visibility.
(i)
Subject to the granting of a Special Permit for a tower by the
Board of Appeals, a condition of the Special Permit shall require
the applicant to allow co-location on the tower if structurally and
technically feasible. Such requirements shall not be construed to
limit the applicant's right to charge rent at fair market rates. The
applicant shall indicate if additional co-location is feasible on
the tower. If additional co-location is possible and approved under
the Special Permit, the additional capacity can be added without an
amendment to the Special Permit. A conceptual rendering of how the
tower could look shall be provided. The applicant shall not be required
to adhere to the contents of said conceptual rendering.
(j)
The Board of Appeals may impose reasonable additional restrictions
or conditions to protect the district from hazards and promote the
purposes of these regulations and the Zoning Bylaw.
(k)
Towers not in existence before April 3, 1997, shall be removed
within three months of cessation of use, or termination of the Special
Permit. In addition, the Board of Appeals shall require the posting
of a bond to cover the costs of removal of the tower. The three-month
deadline may be extended by the Board of Appeals if the owner of the
tower demonstrates that new users are actively being pursued to use
the tower.
(l)
The Board of Appeals may limit the Special Permit to a specific
individual or corporation, except that such Special Permit may be
transferred to similarly FCC- licensed individuals or corporations
without further permission of the Board of Appeals.
(m)
The Board of Appeals may revoke the Special Permit if the telecommunications
tower is found to be in non-compliance with the Special Permit conditions
or this Zoning Bylaw in accordance with MGL Chapter 40A, Section 9.
All uses in Single Residence B Districts including uses allowed
by Special Permit or exempted by MGL Chapter 40A, Section 3, shall
meet the below development standards as applicable:
A. Lot area.
(1)
The minimum lot area for all uses in Single Residence B Districts
shall be 80,000 square feet. A contiguous area of the lot, at least
64,000 square feet, shall not include freshwater or coastal swamps,
bogs, marshes and wet meadows, land below mean high water on land
subject to tidal action, land under any water body for more than five
months of the year (all as classified under the Wetlands Protection
Act, MGL Chapter 131, Section 40), and drainage easements. The provisions
of the last sentence shall apply only to lots created after May 25,
1999.
(2)
There shall be no more than one single family dwelling permitted
per lot.
B. Lot shape.
(1) Lots
shall not have a constriction in the area connecting legal frontage
to the building site less than 50 feet wide except that estate lots
shall have a constriction not less than 30 feet.
(2) Lots
shall include all the area between the legally required frontage and
a line 20 feet perpendicular or radial to the legally required frontage.
The above area can be decreased from the twenty-foot depth if the
area is within a line equal to or less than 45° from a line perpendicular
to the street where the sideline intersects the street. These lot
shape standards apply only to lots created after October 29, 1996,
which are to be used as buildable lots.
C. Frontage.
(1)
The minimum frontage for all uses in the Single Residence B
District shall be 200 feet. Such frontage shall be on a public way,
a way the Town Clerk certifies is maintained and used as a public
way, or on a private way that in the opinion of the Planning Board
is of sufficient width, suitable grade, and adequate construction
to provide access and municipal services to the lot in accordance
with MGL Chapter 41, Section 81L, or shown on a way that is built
(or surety posted to ensure construction) and shown on a plan approved
and endorsed by the Planning Board.
(2)
Frontage for the purposes of the Zoning Bylaw, is defined as
the continuous boundary between a lot and an abutting street, such
boundary being located between lot lines or, in the case of a corner
lot, between a lot line and the intersection of street lines extended.
(3)
In the case of a lot abutting on more than one street, such
lot shall be required to have the applicable minimum frontage on only
one such street. Frontage cannot be gained on that portion of a road
which is a bridge or a causeway across water.
(4)
These frontage regulations are primarily for the purpose of
minimizing congestion in streets by distributing access to lots over
a minimum distance (frontage). Such distance appropriate to the general
character and goals of the zoning district. In keeping with this purpose,
access to a lot or building site does not need to originate from the
street where legal frontage is provided, if said alternate access
reduces the total number of access points (driveways) which would
otherwise be located off streets or takes driveways off a busy street
to a less busy street. These frontage regulations are also for the
purpose of ensuring that the minimum legal frontage for a lot is located
on a street which meets minimum street standards.
D. Setbacks.
(1)
The purpose of lot setback requirements is to lessen congestion
and overcrowding of lots to provide access within the lot for general
circulation and maintenance of the buildings located thereon, to provide
access in the case of fire, and to lessen congestion and promote safety
in adjacent streets.
(2)
Minimum setback dimensions. Any building or structure placed
on a lot, whether temporary or permanent, shall meet the following
minimum setback requirements:
(a)
A sixty-foot minimum setback from street r-o-w lines or vehicular easement lines [unless Subsection
D(2)(c) applies].
(b)
A twenty-foot minimum setback from all other perimeter property lines [unless Subsection
D(2)(c) applies].
(c)
The setback from all other perimeter property lines or street
lines if the entire building or structure is eight feet or under in
height (the average height of the roof, from the ground, can be 12
feet or under) and does not exceed 200 square feet in area is a minimum
of five feet from all other perimeter lot lines or 20 feet from a
street line.
(3)
Intersection sight triangle setback. At the intersection of
streets, the corner lot shall not have any visual barrier placed in
the triangle formed by a line connecting the two points 25 feet back
from the intersection of the two street r-o-w lines and the lines
of the r-o-w to the corner of the property. A visual barrier is an
object or any group of objects which block the direct observation
of approaching traffic between two feet and eight feet high. Fences
of any type over two feet in height are prohibited.
(4)
Exemptions from setback requirements.
(a)
Buildings or structures which are legally in existence prior to October 26, 1993, shall be considered to be in compliance with §
375-8.4D and are allowed to expand along the setback line or lines of the existing building/structure to a point which intersects another existing setback line of the same building/structure or to a point that intersects the setback line defined in §
375-8.4D. Expansions are prohibited into the intersection sight triangle setback or within five feet of any perimeter property line. Exempt expansions shall not exceed the height of the part of the existing structure/building being expanded except where the expansion is outside the current setback and the height is otherwise allowed by zoning.
(b)
In addition, buildings or structures may be placed a minimum
of 10 feet from all other perimeter lot lines or 30 feet from a street
line if the lot upon which the building or structure is to be located
was in existence prior to October 26, 1993, and the lot is less than
80,000 square feet in area. The benefit of this exemption is available
to lots which already had buildings or structures located thereon
prior to October 26, 1993.
(c)
Swimming pools are allowed to be placed within 10 feet of a
perimeter property line or 30 feet from a street line.
(d)
The setback of parking facilities is regulated by §
375-8.4G and Article
24 of the Zoning Bylaw. Fences, stonewalls, retaining walls and boundary delineation structures under six feet in height are exempt from these setback requirements, but are subject to the intersection sight triangle setback.
E. Height. The maximum height of all buildings or freestanding structures
shall be 35 feet. Non-habitable structures placed on top of buildings
shall not exceed 50 feet in height. Height shall be measured from
the average of the finished grade at the foundation around the building
or structure, to the highest part of the building or structure or
to the average level of the highest gable or slope of a hip roof.
Where non-habitable structures exceed 35 feet in height, the non-habitable
structure shall be setback from all property lines at least twice
the height of the non-habitable structure.
F. Percentage of lot coverage. In Single Residence B Districts, all
uses on a lot which include, but are not limited to: buildings, structures,
driveways, parking areas, gravel areas, walks, patios, storage areas,
impermeable surfaces, etc. shall not cover more than 50% of the lot.
Natural areas such as landscaping, gardens, lawns, etc. are not regulated
within the 50% requirement.
G. Parking and driveways.
(1)
The number of Off-Street Parking spaces shall be provided in
accordance with the following table:
Use
|
Number of Parking Spaces Required
|
---|
Single Family Dwelling
|
2 per dwelling
|
Garages, Sheds, Storage Bldgs.
|
0
|
Renting of Rooms
|
1 per renter
|
Accessory Apartments
|
2 per accessory apt.
|
Home Occupation
|
1/200 s.f. plus 1 per emp.
|
Home Educational Uses
|
3/200 s.f. plus 1 per emp.
|
General Educational Uses (non profit)
|
1/400 s.f. of educational space
|
Place of Worship
|
1 per 4 occupants
|
Agricultural Uses*
|
0
|
Stables*
|
0
|
Gardens
|
0
|
Aquaculture*
|
0
|
Shellfishing
|
0
|
Conservation Areas, Natural Recreation Areas
|
1 per 400 s.f. of bldg.
|
Municipal Uses
|
1 per max. number of empl. per shift
|
Fire District Uses
|
1 per max. number of empl. per shift
|
Real Estate Signs
|
0
|
Exempt Uses
|
Number of spaces per uses above or Article 24 as applicable
|
Special Permit Uses
|
Number of spaces as required by Special Permit
|
*
|
All parking for these uses shall be off-street, except that
for special events on-street parking may be permitted by the Select
Board.
|
(2)
In Single Residence B Districts, parking facilities which include
parking spaces, access aisles, driveways or areas used for motor vehicle
storage or movement shall be set back at least 10 feet from perimeter
property lines and 20 feet from a street line except where common
driveways must cross lot lines or where driveways connect to the street.
The setback from property lines and street lines for parking facilities
may be reduced by 1/2 if the parking facility is screened by a hedge
at least five feet high on the side closer to the property line. (The
hedge shall be solidly grown in within two years of planting and at
that time be dense enough so that 90% screening is provided.)
(3)
All parking spaces and access aisles for home occupations, home
educational uses, general educational uses, places of worship, conservation
areas/natural recreation areas shall be screened from streets and
abutting properties with a minimum five-foot high evergreen hedge
as defined above. The parking lot surface for Agricultural businesses
may be unpaved I.E., gravel, grass, crushed shells, or mulch, etc.
(4)
Each parking space shall be at least eight feet wide and 19 feet long and consist of an improved and graded surface, such as but not limited to, gravel, cobblestone, brick, asphalt, reprocessed asphalt or concrete. Parking facilities showing 10 or more spaces shall be regulated by the applicable standards and procedures of Article
24 in these zoning by-laws. Nine or less parking spaces are regulated by the standards set forth here in Article
8.
(5)
Driveways shall not be located closer than 55 feet to an intersection
of streets. The 55 feet shall be measured from the closest part of
the driveway to the intersection of the two roadways at the corner
or from the tangent of the roadway corner radius. For lots with frontage
of 100 feet or less, driveways shall be limited to two curb cuts.
For lots with frontage greater than 100 feet, one curb cut shall be
allowed for each 50 feet of frontage.
[Amended 6-3-2014 ATM
by Art. 35, approved 9-10-2014]
(6)
Common driveways are allowed serving as access to two or more
single-family houses or two or more residential units but no more
than four single family houses or four residential units. Common driveways
shall be at least 16 feet wide and be located in a driveway easement
at least 20 feet wide.
(7)
The sixteen-foot wide common driveway shall be surfaced with
a stable material; such as, but not limited to asphalt, reprocessed
asphalt, concrete, brick, cobblestone, or compacted gravel at least
12 inches thick. All driveways shall not have a paved or improved
surface wider than 20 feet within 20 feet of a street line. If a common
driveway is used for access these standards shall apply, even if the
lots served could gain access separately.
(8)
Common driveways cannot serve five or more single family houses
or five residential units except where they are approved as part of
the Special Permit for a cluster or PRD development. As part of the
Special Permit for a cluster or PRD development, these common driveway
standards can be modified as deemed appropriate by the Special Permit
granting authority.
(9)
Access to the building site does not need to originate from
the street where the legal lot frontage is provided. All driveways
serve only as access to the building site and cannot be considered
as streets for legal frontage as required under the Zoning Bylaw.
H. Lighting. All artificial lighting shall not contribute to light pollution
or create a nuisance as a result of glare onto streets or abutting
property. Lighting units shall not be located higher than 14 feet.
Illumination of parking areas shall have the light source shielded
from above and the light source shall not be visible from streets
or abutting properties.
I. Other development standards.
(1)
If 10 or more parking spaces are proposed, refer to Article
24 of the Zoning Bylaw for additional parking facility standards and procedures.
(2)
If the land is located in one of these zoning overlay districts,
additional development standards may be imposed:
Overlay District
|
Article of Zoning Bylaw
|
---|
Inland Wetland and Watershed Protection District
|
|
Coastal Wetlands District
|
|
Flood Prone Land District
|
27
|
Aquifer Protection District
|
28
|
J. Estate lots.
(1)
The purpose of Estate Lot zoning is to encourage lots which
significantly exceed the minimum lot area required by zoning as an
alternative to creating minimum lot sizes under subdivision. This
alternative is meant to preserve rural character by reducing density
and congestion.
(2)
Estate lots are lots allowed to have a minimum of 50 feet of
frontage rather than the minimum frontage specified for the Single
Residence A District, if the following conditions are met:
(a)
The total area of the lot is at least 240,000 square feet.
(b)
A contiguous area of the lot, at least 160,000 square feet in
area shall be non-wetland. Wetlands shall be as defined by MGL Chapter
131, Section 40.
(c)
The lot shall not be further subdivided, and a deed restriction
preventing further subdivision (enforceable by the Town of Dartmouth
or any citizen of the Town) is recorded with the plan. The following
notes shall also be placed on the plan: "Lots shown on this plan shall
not be further subdivided" and "No building permit shall be issued
for lots on this plan until a copy of the recorded deed restriction
is delivered to the Building Commissioner of the Town of Dartmouth."
(d)
When multiple estate lots are created from the same parcel of
land, the estate lots shall be served by common driveways. The same
parcel of land shall mean a lot in existence for at least five years.
(e)
All buildings or structures on the estate lot are located at
least 200 feet from any street and this restricted area is shown on
the plan. All other setback requirements of the Zoning Bylaw apply.
FAMILY
A family shall consist of one or more persons who live together
and form a single housekeeping unit. Indications of a single housekeeping
unit may consist of but not be limited to shared living spaces, cooking,
sanitary facilities, use of utilities or table board. If more than
one person, a family shall be limited to one of the groups listed
below:
A.
A group of persons related by blood, adoption or marriage.
B.
If not related by blood, adoption or marriage, a group of persons
not to exceed four.
C.
A group of handicapped or disabled persons as allowed in MGL
Chapter 40A, Section 3.