Dartmouth City Zoning Code
ARTICLE 14
Neighborhood Business Districts
§ 375-14.1 Allowed uses.
[Amended 6-6-2023 ATM by Art. 22, approved 10-16-2023]
Within any Neighborhood Business District, as indicated on the Zoning Map, any of the following uses are allowed:
A.
Any use allowed in Single Residence or General Residence Districts.
B.
Retail food and variety store.
C.
Pharmacy.
D.
Commercial laundry or drycleaning.
E.
Hardware or housewares store.
F.
Nursery or garden supply store.
G.
Package goods store.
H.
Barber shop or beauty salon.
I.
Restaurant, bakery or other facility for preparation of food for retail sale on premises; provided, that no drive-thru service shall be allowed as part of this use.
J.
Real estate sales office.
K.
Branch bank.
L.
Self-service laundry.
M.
Municipal use.
N.
Exempt institution.
O.
Business apartments.
(1)
A business apartment is defined as a residential unit available for use by one family, which is located in a building being used for business purposes such as, but not limited to, retail, office, recreational, restaurant or limited production uses.
(2)
The purpose of a business apartment is to encourage small businesses and to provide convenient and affordable housing for individuals connected to the business. If rented to others, the business apartment could help subsidize business space to make the business more affordable for starter businesses. Business apartments can also help reduce commuter traffic if used by employees of the business.
(3)
A business apartment is allowed if the following conditions are met:
(a)
There is only one business apartment on a lot used for business purposes.
(b)
There are no hazards or significant nuisances created by mixing a residential unit with the other use(s) within the building.
(c)
The business apartment is provided with two on-site parking spaces for the exclusive use of the apartment residents which are in addition to any minimum parking spaces required for the business use(s). Signs shall identify the resident parking spaces, and said signs are allowed beyond any limitations under § 9.308 of the Zoning By-Laws.[1]
[1]
Editor's Note: Original § 9.308, Signs, was deleted 10-17-2017 ATM by Art. 21, approved 1-29-2018. See now Art. 25, Signs.
(d)
The business apartment shall be served by Town water and Town sewer unless the Board of Health approves on-site water and septic systems.
(e)
The business apartment does not count as one of four maximum uses under § 375-14.3H.
§ 375-14.2 Special permit uses.
The following uses are allowed only by Special Permit granted by the Board of Appeals:
A.
Any use permitted in Single Residence or General Residence Districts.
B.
Retail Sales Outlet, professional or business office, retail service or repair shop, other than those allowed, provided that, in the opinion of the Board of Appeals, the proposed use serves primarily the need of the surrounding neighborhood.
C.
Gasoline station or automotive service station provided that no motor vehicle repair except emergency work be done out of doors, and further provided that the criteria for the permitting of a gasoline filling station in General Business Districts be considered, and written findings made relative to each criterion.
D.
Day-care center, for pre-school aged children or private nursery school, provided that outdoor play areas shall be securely fenced and separated from vehicular ways and parking areas by a landscaped buffer at least 10 feet wide.
§ 375-14.3 Development standards.
A.
Parking. See Article 24, Site Plan Review.
B.
Paving. All parking areas, drives, access ways and loading areas shall be graded and surfaced to prevent shifting or rutting under reasonably anticipated weather conditions and to minimize dust raised by vehicles or wind. (See Article 24, Site Plan Review, for additional requirements.)
C.
Drainage. All impervious ground surface shall be constructed to prevent standing water or discharge of storm water into adjacent property. (See Article 24, Site Plan Review, for additional requirements.)
D.
Utilities. All water, sewer, gas, electric, and other utility services shall be buried below grade, except, that electric and telephone services may serve property above grade along lot lines.
E.
Landscaping. All areas not under impervious cover shall be maintained in natural or cultivated living plant material except that up to 10% of gross landscaped area may be permeable non-organic cover. (See Article 24, Site Plan Review, for additional requirements.)
F.
Lighting. Light standards shall not exceed 25 feet height. Interior and exterior lights, including lighted signs, shall not be directed towards public ways in such a manner as to create glare, distraction, or confusion with traffic signals or signs. (See Article 24, Site Plan Review, for additional requirements.)
G.
Noise. Public address speakers, amplified music, or other unnecessary sources of noise are not permitted outside of buildings.[1]
[1]
Editor's Note: Original § 9.308, Signs, which immediately followed this subsection, was deleted 10-17-2017 ATM by Art. 21, approved 1-29-2018. See now Art. 25, Signs.
H.
Multiple occupancy. A maximum of four stores or other uses may be housed in one building.
I.
Outside storage. Waste materials shall be stored in closed containers. Waste containers, compressors or other material which cannot be stored within a building shall be screened on all sides by an opaque fence or wall a minimum of six feet high. All outside storage, including storage and display of building materials, plant materials and equipment for sale shall be contained within the buildable area of a lot.
J.
Fences and walls. Maximum height of a fence or wall outside the buildable area of a lot shall be six feet. Uses with on-site litter disposal shall be fenced to prevent litter blowing from property.
K.
Height. Maximum height of any building shall be 35 feet from the lowest point of grade at foundation.
L.
Floor area. Maximum gross floor area per use shall be 2,400 square feet.
