The purpose of the Waterfront Overlay District is to provide adequate areas in the Town for harbor dependent uses, to prevent encroachment by uses detrimental to harbor dependent uses, to ensure the long-term survival of such uses, and to promote access to the waterfront. This overlay district is designed to manage Town growth while preserving the Town's maritime heritage.
The Waterfront Overlay District is an overlay district superimposed on the underlying zoning district. The boundaries of the Waterfront Overlay District are shown on a map entitled "Dartmouth Zoning Map - Waterfront Overlay District" dated October 17, 2006.
The following uses are allowed by right in the Waterfront Overlay District: notwithstanding the requirements of the underlying District:
A. 
Boatyards, marinas, yacht clubs (including the incidental sale of marine fuels).
B. 
The construction of boats and accessories incidental to the primary use of boat construction.
C. 
Repair and maintenance of boats and related accessories.
D. 
Storage of boats, vessels, and related accessories.
E. 
Office space for yacht designers, marine general contractors, consultants, marine equipment brokers and vessel brokers, providing that the businesses contained therein are directly related to the marine industry.
F. 
Uses related to shellfishing or fishing in Dartmouth waters, providing that no shellfish or fish shall be processed within the district, other than processing fish or shellfish for sale on site.
G. 
Marine transportation uses such as ferries, launch services and marine towing services.
H. 
Municipal and Fire District uses.
I. 
Non-profit marine educational uses.
J. 
Uses specified in § 375-26.4 which are less than the special permit thresholds are allowed as of right.
A special permit from the Planning Board shall be required for the following:
A. 
All residential development.
B. 
Commercial uses (including offices) greater than 2,000 square feet.
C. 
Restaurant uses greater than 4,000 square feet.
D. 
Parking facilities of 10 or more spaces for uses other than allowed uses under § 375-26.3.
The development standards of the underlying zoning district shall apply except that the parking standard for uses allowed under § 375-26.3 and located in the General Residence District shall be 1.5 parking spaces per employee.
The Planning Board shall only grant a Special Permit for uses listed in § 375-26.4 if it finds that:
A. 
The use will not displace or interfere with existing allowed uses listed in § 375-26.3.
B. 
The layout, buildings, and site design of the proposed use will not prevent future, meaningful use of a portion of the site for uses allowed in the Overlay District.