The purpose is to provide for industrial uses that provide employment
opportunities and diversify the tax base while not imposing hazards
or nuisances on neighboring residential uses, commercial uses, and
the environment.
Within any Light Industrial District, as indicated on the Zoning
Map, no building or premises shall be used and no building or structure
shall be erected which is intended or designed to be used, in whole
or in part, for other than one or more of the following specified
uses:
A. Research and development laboratories and facilities.
B. Medical laboratories and diagnostic facilities.
C. Manufacture of food, textile, medical, and electronic products; and
similar light manufacturing.
D. Manufacture of millwork and finished wood products.
E. Manufacture of building components for light construction.
F. Warehousing, retail, service use, and power production incidental
to the primary manufacturing. Incidental warehousing may not exceed
50% of the facility's gross floor area; incidental retail, 20%; incidental
service, 20%; and incidental power production, 20%. These incidental
uses together may not exceed 50% of the facility's gross floor area.
G. Office buildings, provided that they comply with all standards required by Article
19, Office Park District.
I. Wireless communications sites. The following wireless communications
sites are allowed by right:
(1)
Towers under 100 feet in height erected for the exclusive use
of a federally licensed amateur radio operator, provided however,
that commercial/non-accessory uses on such towers may be allowed by
Special Permit in accordance the Zoning Bylaw.
(2)
The placement of transmitting or receiving equipment within
existing structures so that such equipment is not visible from the
outside of the structure.
(3)
The placement of transmitting or receiving equipment on the
exterior face or roof of existing structures provided such equipment
does not exceed the highest point of the structure by more than 20
feet.
(4)
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.
J. Municipal buildings, structures, facilities, or uses owned and operated
by the Town of Dartmouth.
(1)
No use will be permitted which will produce a nuisance or hazard
from fire or explosion, toxic or corrosive fumes, gas, smoke, odors,
obnoxious dust or vapor, harmful radioactivity, offensive noise or
vibration, flashes, objectionable effluent or electrical interference
which may affect or impair the normal use and peaceful enjoyment of
any property, structure, or dwelling in the neighborhood.
(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.
K. The following uses are allowed only on lots that do not have municipal
sewer service within 500 feet of the lot:
(1)
Warehousing and distribution. A use engaged in storage and distribution
of manufactured products, supplies, and equipment, but excluding bulk
storage of materials that are inflammable or explosive or that create
hazardous or commonly recognized offensive conditions. This definition
does not include self-storage facilities.
(2)
Commercial recreational facilities. Facilities designed for
commercial recreation such as, but not limited to, golf driving ranges,
game courts, and bowling alleys.
L. Conference and training centers. A use which includes, but is not
limited to, facilities which conduct business conferences, educational
sessions, seminars, and trade shows.
M. Health clubs. A use that promotes fitness and health by the use of
specialized exercising equipment or facilities.
N. 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.
(1)
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.
(2)
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 all other 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 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, including agritourism, 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.
(3)
The minimum area of agricultural use shall be that necessary
for the agricultural product being produced (See Board of Health regulations
for lots 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.
(4)
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.
O. 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.
P. 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.
Q. 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.
[Amended 10-17-2017 ATM
by Art. 21, approved 1-29-2018]
A. In Limited Industrial Districts, all lots shall have a minimum frontage
of 150 feet and a minimum area of 43,560 square feet.
B. The maximum height of any building or structure shall be 50 feet,
and no more than three stories. Non-habitable structures appurtenant
to any buildings or structures, such as chimneys, towers, elevator
over runs, roof top mechanics and parapets, may extend above 50 feet,
but no higher than 60 feet.
(1)
The Planning Board may, by Special Permit, allow non-habitable
structures to exceed 60 feet, provided that any such increase over
60 feet does not create detrimental effects to the surrounding neighborhood.
(2)
The height of all buildings and structures shall be measured
from the average grade of the ground at the base of the structure.
C. All uses on a lot which include, but are not limited to, buildings,
driveways, parking areas, storage areas, impermeable surfaces, etc.
shall not cover more than 65% of the entire lot. Landscaped areas
are not included.
D. Buildings or structures shall be set back as defined in Article
33, Setbacks.
E. No building or structure shall be placed nearer than 100 feet to
an abutting residential district: this space shall include a thirty-foot
wide buffer of evergreen trees or existing trees provided that they
create an equivalent year-round buffer.
F. The design standards and plan content requirements contained in Article
24, Site Plan Review, shall be complied with, except:
(1)
Off-street parking spaces for manufacturing shall be provided
on the premises at the rate of 1.1 per employee, or one for each 1,000
square feet of gross floor area if employment is not known.
(2)
All parking, storage, and loading areas shall be at least 50
feet from any residential district.
G. All water, sewer, gas, electric, and other utility services shall
be underground.
H. No material or supplies shall be stored or permitted to remain on
any part of the property outside the building constructed thereon.
Any finished products or semi-finished products stored on the property
outside of said building shall be confined to the rear half of the
property and shall be appropriately screened on all sides, but shall
in no instance be placed on that side of a building paralleling an
existing or proposed street. No waste material or refuse shall be
dumped upon or permitted to remain upon any part of said property
outside of a building constructed thereon.
I. Permits.
(1)
Prior to the issuance of a permit, the Zoning Enforcement Officer
shall request a review and comment from the following, which shall
respond in writing within 14 days:
(a)
The Town Engineer, or designee, on the structural adequacy of
the surrounding streets, drainage issues, as well as the servicing
of the uses by Town water and sewer.
(b)
The Planning Director, or designee, on the adequacy of the parking
facility.
(c)
The Board of Selectmen, or designee, on the architectural appearance
of the proposed buildings.
(d)
The District Fire Chief, or designee, on issues under his jurisdiction.
(e)
The Safety Officer, or designee, on traffic and circulation
and other safety issues.
(2)
The Building Commissioner may grant or deny a permit based upon
the above review.
J. Multiple buildings are allowed on each lot and more than one use
may be allowed in each building, provided all uses are permitted within
the district.