Dartmouth City Zoning Code
ARTICLE 22
Office Industrial District
§ 375-22.1 Purpose.
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.
§ 375-22.2 Allowed uses.
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.
(e)
Construction of fences.
(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.[1]
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.
§ 375-22.3 Special permit uses.
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:
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:
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:
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.
§ 375-22.4 Development standards.
A.
Minimum lot area. The minimum lot area shall be 50,000 square feet. More than one use or primary building is allowed on a lot.
B.
Minimum lot frontage. The minimum frontage for lots shall be 150 feet.
C.
Maximum height.
(1)
The maximum height of any building or structure shall be 50 feet, and no more than three stories. Non-habitable structures such as chimneys, towers, elevator over runs, roof top mechanics and parapets may extend above 50 feet, but no higher than 60 feet.
(2)
The Planning Board by Special Permit may allow non-habitable structures to exceed 60 feet, providing such increase above 60 feet does not create detrimental effects to the surrounding neighborhood.
(3)
Height of all buildings and structures shall be measured from the average grade of the ground at the base of the structure.
D.
Setbacks.
(1)
Any building or structure placed on a lot whether temporary or permanent shall meet the following minimum setback requirements:
Setback Description | Minimum Setback | |
|---|---|---|
(a) | From street r-o-w lines or vehicular easement lines | 50' |
(b) | From all other perimeter lot lines | 25' |
(c) | From residential districts | 100' |
(2)
Stonewalls and retaining walls are exempt from the above setback requirements. Sign setbacks are regulated under § 14A.407, Signs.[1] Signs. Fences three feet or less are exempt from Subsection D(1)(a), (b), and (c), while fences greater than three feet are exempt only from Subsection D(1)(b) and (c) above.
E.
Lot coverage.
(1)
In Office Industrial Districts, all uses on a lot which include, but are not limited to: buildings, structures, driveways, parking areas, gravel areas, walks, patios, storage areas, impermeable surfaces, etc. shall not cover more than 65% of the lot. Natural areas such as landscaping, gardens, lawns, etc. are not regulated within the lot coverage. Also, pedestrian walks for strolling, exercise, or connecting to abutting properties are not considered "lot coverage".
(2)
Lot coverage can be increased by an additional 10% (up to a maximum of 75%) only if a minimum of 80% of the roof area is a vegetated green roof or Lot coverage can be increased by an additional 5% (up to a maximum of 65%) if the parking facility is setback at least 50 feet from all streets (except that for driveway connections can be made to the street).
(3)
All runoff from building roofs shall be recharged into the ground for one inch of rainfall in a one-hour period.
F.
Parking. The design standards 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.
G.
Architectural standards. Buildings with a footprint larger than 2,000 square feet constructed in the Office Industrial District shall meet the following requirements:
(1)
In order to avoid long blank outside walls, walls shall not be longer than 30 feet without an articulation such as, but not limited to: a window, a footprint offset, a siding change, a pilaster.
(2)
No outside wall longer than 100 feet shall meet the roof without a change in height which is significant enough to visually break the long straight line.
(3)
All roof units, such as, but not limited to HVAC units, elevator overruns, vent pipes, or other such paraphernalia shall not be visible when standing at ground level at the same elevation as the building.
(4)
The Director of Inspectional Services may seek advice from the Planning Board or its designee on whether a building complies with the above conditions.
H.
Landscaping. In addition to any landscaping required under Article 24 of the Zoning Bylaws, the following landscaping shall be shown on the site plan for all office industrial buildings:
(1)
Shade trees planted along the frontage of all streets spaced no further than 30 feet apart on center and at least two-inch caliper when planted.
(2)
Shade trees including at least 50% evergreen trees planted around the perimeter edges of areas developed for parking and buildings.
(3)
All buildings shall have foundation plantings.
I.
Outdoor storage. No material or supplies shall be stored or permitted to remain on any part of the property outside the building constructed thereon. Except that finished products or semi-finished products may be stored behind the building 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. Outdoor storage of finished or semi finished products shall not exceed 25% of the building footprint. Said storage shall be temporary in nature only, intended for immediate transport into the adjacent building or transport off the premises. 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.
J.
Lighting.
(1)
All artificial lighting located in the Office Industrial District shall not contribute to light pollution or create a nuisance as a result of glare onto streets or abutting property. Lighting units shall not be located higher than 25 feet.
(2)
All light sources shall be shielded from above and the light source directed downward to illuminate only the premises. Full cutoff lighting is required within 50 feet of any residential zone.
K.
Noise limits. Noise levels emanating from, but not limited to, air conditioners, fans, vents, loading areas, machinery, or normal operations on the premises (including persons) shall not exceed 60 dba at the lot line. This noise limit does not apply to municipal or fire district public safety alert devices.
L.
Utilities. All water, sewer, gas, electric, telephone and other utility services shall be underground.
M.
Traffic mitigation.
(1)
Prior to the issuance of any building permit by the Director of Inspectional Services, the applicant for said permit shall engage in the following procedures with respect to traffic mitigation:
(a)
A traffic impact assessment report shall be provided to the Director of Inspectional Services. This report shall include the projected a.m. and p.m. peak traffic, the average daily traffic and the hourly distribution of vehicles, including with respect to gross vehicle weight, for the proposed project. This report shall also include a review of any existing master plans relating to traffic in the vicinity of the proposed project, an assessment of the impact of that project upon the implementation of the master plan, and an analysis of that project's impact on proposed takings for roadway improvements. Finally, this report shall include a review of possible locations of curb cuts on nearby parcels, demonstrating consistency with the master plan.
(b)
The Director of Inspectional Services will engage the services of a consultant, paid for by the applicant, to conduct an independent analysis of the factual assertions and conclusions of the traffic impact assessment report.
(c)
If either the traffic impact assessment report or the independent analysis thereof, using recent traffic counts and the latest edition of the ITTE Trip Generation Handbook, indicate that the proposed facility would increase the traffic volume of nearby roads and intersections by at least 10%, a Level of Service ("LOS") analysis for pre and post-development conditions is required. If no such LOS analysis is required, then the Director of Inspectional Services may issue a building permit.
(d)
The LOS analysis shall be provided by the applicant. It shall then be reviewed by a consultant again chosen by the Director of Inspectional Services, and again paid for by the applicant. If either this analysis, or the review thereof, indicates that the proposed facility will result in either a reduction in service of two or more levels (e.g. from level A to level C) or a reduction in service to level D or lower (i.e. intersection failure), then the proposed facility is subject to Subsection M(1)(e) below. If the analysis, and the review thereof, indicate that the proposed facility will result only in a reduction in service by one level, so long as the reduction is not to level D or lower (e.g. from level B to level C), then the Director of Inspectional Services may issue a building permit.
(e)
The applicant of any proposed facility whose anticipated traffic impact subjects it to this subsection shall be required to submit a traffic mitigation plan to the Director of Inspectional Services, who shall engage the services of a consultant, again paid for by the applicant, in reviewing it. The Director of Inspectional Services shall also consult with the Planning Board and the Department of Public Works in reviewing this plan. The mitigation plan shall be sufficient to create the following conditions: prevent a reduction in service of more than one level; and prevent a reduction in service to level D or lower. Only if these requirements are met shall a building permit be issued.
(2)
It is strongly recommended that the applicant consult with the Director of Inspectional Services prior to the submission of a building permit application. The Director of Inspectional Services shall review the plans and issue or deny a building permit within 30 days. The Director of Inspectional Services may submit plans to the Planning Director, Town Engineer, Conservation Officer, and other appropriate officials and boards.
N.
Trash disposal. If the volume or nature of the trash to be disposed requires the use of a dumpster, the following standards apply:
(1)
Dumpsters shall be kept closed and of a design which prevents access by animals and minimizes odors.
(2)
Dumpsters shall be enclosed by solid walls/fences/gate on four sides to a height at least one foot above the dumpster, and shall not be located in the front setback of any building nor within 50 feet of any residential zone. The bottom of the enclosure shall be of an impervious easily cleaned surface.
O.
Nuisance clause. No use is allowed which creates a nuisance to abutters or to the surrounding area, or create any hazards such as, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area. It is the judgment of the Director of Inspectional Services to determine if a use will create a nuisance.
P.
Other development standards. If the land is located in one of the following zoning overlay districts, additional development standards may be imposed as set forth in the applicable article of the Zoning By-laws:
Zoning Overlay District | Article of Zoning By-Laws |
|---|---|
Flood Prone Land District | 27 |
Aquifer Protection District | 28 |
Faunce Corner Road Overlay District | 29 |