The purpose of Office Industrial Districts is to provide an
area for office and industrial uses that:
A. Provide professional and technically skilled employment.
B. Generate a maximum number of jobs to built floor space.
C. Have high value buildings and equipment that maximize tax revenues.
D. Promote growth where investments have been made in infrastructure
such as water, sewer, and highway access.
E. Create aesthetic surroundings.
Within any Office Industrial District, as indicated on the Zoning
Map dated March 23, 1999, any of the following uses are allowed:
A. Medical offices. A business that provides physical or mental health
care or medical services, including, but not limited to, general practitioner's
offices, dentists, optometrists, and medical clinics. Veterinarian
offices are also allowed as medical offices.
B. Medical laboratories and diagnostic facilities. Uses which provide
an opportunity for experimentation, observation, testing, and analysis
concerning the practice of medicine.
C. Hospitals; clinics. Uses specializing in, and licensed pursuant to
state law with respect to, giving clinical and emergency services
of a medical or surgical nature, whether to persons or animals.
D. Professional offices. A business that provides predominantly professional,
administrative, or clerical services to a consumer, including, but
not limited to, accounting, legal and real estate offices. Such services
can be provided on or from the property.
E. Corporate offices. The business offices of local, national or international
companies.
F. Financial institutions. A business related to banking or other financial
uses.
G. Research and development laboratories and facilities. Uses which
provide an opportunity for safe scientific experimentation, observation,
testing and analysis, including, but not limited to, biotechnology
uses.
H. Manufacture of medical and electronic products. A use which produces
from raw materials or assembles from pre-made parts, medical or electronic
products, where such production or assemblage requires the employment
of skilled technicians. Any such manufacturing process is to take
place within a building.
I. Manufacturing retail outlets. The retail sale of products substantially manufactured on the premises is allowed as long as no more than 10% of the total floor area of the building and up to a maximum of 2,500 square feet of floor area is devoted to retail sales. Such retails sales are permitted whether said manufacturing was allowed as of right pursuant to §
375-22.2H or was permitted pursuant to a Special Permit that was granted under §
375-22.3A.
J. Health clubs. A use that promotes fitness and health by the use of
specialized health/exercise equipment or facilities.
K. Municipal uses. Any building, structure, facility, or use owned and
operated by the Town of Dartmouth.
L. Fire district uses. Any building, structure, facility or use owned
and operated by a Dartmouth Fire District and with the expressed purpose
to promote public safety.
M. 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, is not to
be sold to the general public, 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.
(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.
N. Wireless communication 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. The dual use of such towers for telecommunications purposes may be permitted by Special Permit as provided in §
375-22.3E.
(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 October 19, 2010, 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 pursuant to §
375-22.3E.
O. 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.
P. 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.
Q. Other uses prohibited. Any other uses, not listed above or in §
375-22.3 are prohibited.
The following uses shall require a Special Permit from the designated
Special Permit Granting Authority:
A. Other manufacturing. Uses which create products from raw materials
or assembly from pre-made parts where the process takes place entirely
within a building and generally employs skilled technicians. Other
manufacturing uses are allowed by Special Permit granted by the Planning
Board if the following requirements are met:
(1)
The proposed manufacturing uses shall satisfy the purposes listed in §
375-22.1.
(2)
Will not detract from the value or operation of abutting and
nearby office industrial uses due to appearance of the building or
frequent traffic generated by large trailer trucks.
B. Hotels. A facility offering transient lodging accommodations on a
daily or monthly rate to the general public and providing additional
services, such as restaurants, meeting rooms, and recreational facilities.
Hotels are allowed by Special Permit granted by the Planning Board
if the following requirements are met:
(1)
The hotel includes a conference center, which is a significant
component of the hotel's purpose.
(2)
The architecture of the building is of exceptional design and
expresses quality and distinction.
C. Conference and training centers. A use which includes, but is not
limited to, facilities which conduct business conferences, educational
sessions, seminars, and trade shows. Conference and training centers
are allowed by Special Permit granted by the Planning Board, if the
following requirements are met:
(1)
Any traffic generated by the proposed use which contributes
to congestion in adjacent streets and intersections is mitigated to
the satisfaction of the Planning Board.
(2)
The architecture of the building is of exceptional design and
expresses quality and distinction.
D. Convenience retail, restaurants and services. Uses which provide
support services to uses in the Office Industrial District. Convenience
retail, restaurants and services are allowed by Special Permit granted
by the Planning Board if the following requirements are met:
(1)
The proposed use is desirable, useful and convenient for workers
in the Office Industrial District.
(2)
The applicant shall provide a marketing plan or other analysis
that demonstrates to the satisfaction of the Planning Board that the
proposed use will receive 60% of its business from individuals working
within the Office Industrial or nearby Limited Industrial District.
(3)
A similar use is not located within 250 feet.
(4)
The restaurant is designed so that 90% of all business will
cater to eat in customers. Drive-thru take out is not allowed.
(5)
Cafeteria restaurants for employees within allowed-use and special
permit buildings are not required to obtain a Special Permit under
this subsection.
E. Freestanding 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)
Any such Special Permit for a telecommunications facility shall
include as one of its conditions the requirement that the applicant
allow co-location on the tower if it is structurally and technically
feasible to do so. 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 October 19, 2010, 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 these Zoning Bylaw in accordance with MGL Chapter 40A, Section
9.