Dartmouth City Zoning Code
ARTICLE 43
Board of Appeals
§ 375-43.1 Establishment and organization.
A.
The Board of Appeals under this Bylaw shall consist of three persons who shall be appointed by the Selectmen of the Town.
B.
At the time of the adoption of this Bylaw one member shall be appointed for a one-year term; one member for a two-year term; and one member for a three-year term; and thereafter the term of each new member shall be three years, except in the case of a member appointed to fill a vacancy, in which case the appointment shall be for the unexpired term.
C.
There shall be three associate members of the Board of Appeals who shall be appointed by the Selectmen of the Town. At the time of the adoption of this Bylaw one associate member shall be appointed for a one-year term; one associate member for a two-year term; and one associate member for a three-year term; and thereafter the term of each new associate member shall be three years, except in the case of an associate member appointed to fill a vacancy, in which case the appointment shall be for the unexpired term.
D.
In case of a vacancy, inability to act, or interest on the part of a member of the Board of Appeals, his place shall be taken by an associate member designated by the Selectmen.
E.
The establishment, organization, powers and procedures of the Board of Appeals shall be in all respects in accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 10, and any amendments or supplements thereto.
§ 375-43.2 Variances.
Except as provided in § 375-43.3 of the Bylaw The Board of Appeals may vary the application of any provision of this Bylaw in accordance with the provisions of the Massachusetts General Laws, Chapter 40A, Section 10, and amendments or supplements thereto, and may issue a permit accordingly.
§ 375-43.3 Use variances.
[Amended 6-3-2014 ATM by Art. 40, approved 9-10-2014]
Except as expressly prohibited in this Bylaw, variances may be granted for uses of land not allowed by right, provided that, in accordance with the provisions of MGL Chapter 40A, Section 10, and amendments or supplements thereto, the Board of Appeals determines that such land or structures cannot reasonably be used as allowed by the Zoning Bylaw. Except that the Board of Appeals shall not grant variances for uses of land in the Single Residence A, Single Residence B, and Single Residence C Zoning Districts.