Dartmouth City Zoning Code

Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;

Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;

Increase the production of a range of housing units to meet existing and anticipated housing needs;

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting;

Establish development standards to allow context-sensitive design and creative site planning;

Enable the Town to receive Zoning Incentive Payments and/or Density Bonus Payments in accordance with MGL Chapter 40R, 760 CMR 59.06, and additional Chapter 70 aid in accordance with MGL Chapter 40S arising from the development of housing in the Lincoln Park Smart Growth Overlay District.

Establishment. The Lincoln Park Smart Growth Overlay District, hereinafter referred to as the LPSGOD, is an overlay district having a land area of approximately 40.7 acres in size, being Assessor's Map 152, Lots 4 and 5, and Map 51, Lots 1 and 26, that is superimposed over the underlying zoning district, as shown on the Zoning Map as set forth on the map entitled "Plan Showing Area to be Zoned as Lincoln Park Smart Growth Overlay District" dated May 1, 2006. This map is hereby made a part of the Zoning By-law and is on file in the Office of the Town Clerk.

Underlying zoning. The LPSGOD is an overlay district superimposed on all underlying zoning districts. Where Plan Approval under the LPSGOD varies uses or dimensional requirements otherwise set forth in the Zoning By-Law, the terms and conditions of the LPSGOD shall control.

Marketing plan. Prior to granting Plan Approval for housing within the LPSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with an application for Plan Approval pursuant to § 375-12.7, below, shall include details about construction related to the provision, within the Project, of units that are accessible to the disabled.

Number of affordable housing units. Where Affordable Homeownership Units are proposed, not less than 20% of housing units constructed in a Project shall be Affordable Housing. Where Affordable Rental Units are proposed, not less than 25% of housing units in any building containing rental units shall be Affordable Housing. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.

Requirements. Affordable Housing shall comply with the following requirements:

Design and construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the development of which they are part and be comparable in initial construction, quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall be proportionate to the total number of bedrooms in all the units in the development of which the Affordable Housing is part.

Affordable housing restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains the following:

Administering agency. An administering agency which may be the Dartmouth Housing Authority, or other qualified housing entity shall be designated by the PAA. In a case where the administering agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such agency shall ensure the following:

Housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the Project applicant of reasonable costs to the administering agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed 1/2% of the amount of rents of Affordable Rental Units (payable annually) or 1% of the sale or resale prices of Affordable Homeownership Units (payable upon each such sale or resale), as applicable.

Phasing. For housing that is approved and developed in phases, the proportion of Affordable Housing Units shall be consistent across all phases.

Computation. Prior to the granting of any Building Permit for the housing component of a Project, the applicant for such building permit must demonstrate, to the satisfaction of the PAA, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to The Town of Dartmouth.

No waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this § 375-12.5 shall not be waived.

Permitted uses. The following uses are permitted as of right in the LPSGOD:

Prohibited uses. All principal uses not expressly allowed are prohibited. The following principal uses are expressly prohibited:

Pre-application.

Application. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA, along with an application fee of $1,500 to cover administrative costs. An application shall show the proposed buildout of the entire Project, whether the Project will be phased or not.

Required submittals. The application for Plan Approval shall be accompanied by the following plans and documents. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts.

Filing. An applicant for Plan Approval shall file the application and all required submittals with the Town Clerk and shall also file forthwith 20 copies of the application and the other required submittals with the PAA including notice of the date of filing with the Town Clerk.

Circulation to other boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the Board of Selectmen, Zoning Board of Appeals, Board of Health, Planning Board, Conservation Commission, Fire Department, Police Department, Director of Inspectional Services, Department of Public Works, and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of MGL Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

Peer review. In addition to the application fee, the applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application. This technical review fee shall be paid at the time of the application. The initial deposit shall be $15,000 and shall be subject to replenishment as needed.

Dimensional requirements. Notwithstanding anything to the contrary in the Zoning By-law, the dimensional requirements applicable in the LPSGOD are as follows. All dimensional requirements shall be computed based upon the entire LPSGOD rather than on a Project by Project basis or building by building basis:

Subzone density requirements. The following density shall be allowed as of right in the LPSGOD Residential Subzones:

General. Notwithstanding anything to the contrary in this Zoning By-law, the parking requirements applicable in the LPSGOD are as follows:

Shared parking. The use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).

Waiver of parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

General. All roof runoff shall be recharged into the ground as specified by the standards set forth below. Stormwater management for the remaining site (nonroof) area shall be designed in accordance with pertinent water quality provisions of the Town of Dartmouth Conservation Commission Wetland Protection Bylaw, in effect as of May 1, 2006.

Standards.

General. In order to ensure high-quality development within the LPSGOD and to ensure design that respects the built and natural character of Dartmouth, the PAA has adopted the LPSGOD Design Standards and Guidelines, Appendix A, hereto.[1] Such design standards and guidelines address the landscaping, lighting, screening, architecture, massing and scale of the Project. These design standards and guidelines focus on each Subzone and the LPSGOD in its entirety and are intended to be applied flexibly by the PAA as part of the Plan Approval process to enable the purposes of this District to be realized. All applications for Plan Approval shall comply, except where a specific waiver is granted, to such Design Standards and Guidelines.

Amendment. The PAA may, from time to time, amend Appendix A. No such amendment shall take effect until written approval by the DHCD.

Waivers. Except where expressly prohibited herein, upon the request of the Applicant the Plan Approval Authority may waive dimensional and other requirements of Article 12, including the Design Standards and Guidelines of Appendix A, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the LPSGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this article.

Plan review. An Application for Plan Approval shall be reviewed for consistency with the purpose and intent of this article, and such Plan Review and shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.

Plan approval. Plan Approval shall be granted where the PAA finds that:

Plan disapproval. A site plan may be disapproved only where the PAA finds that:

Form of decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. A copy of the decision shall be provided to the Director of Inspectional Services. A copy of the decision or application bearing such certification shall be recorded in the Bristol County (S.D.) Registry of Deeds, and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

Minor change. After Plan Approval, an applicant may be apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk. A copy of the decision shall be provided to the Director of Inspectional Services.

Major change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to this article.