Town of Dartmouth, MA Article 6 Non-conforming Uses, Structures and Lots

§ 375-6.1 Non-conforming uses.

Are uses which when established on a property in the Town of Dartmouth were lawfully allowed but because of changes in the Zoning Bylaw are no longer allowed in the zoning district within which the use is located.

A. Protection of non-conforming uses. Non-conforming uses are allowed to continue operation in the same manner and extent of the non-conformity present at the time of adoption of the zoning bylaw which made the use non-conforming. This section shall not apply to billboards, signs, and other advertising devices subject to the provisions of MGL Chapter 93, Sections 29 through 33, inclusive, Chapter 93D or to adult bookstores, adult motion picture theaters, adult paraphernalia shops or adult video stores subject to the provisions of MGL Chapter 40A, Section 9A.

B. Change of non-conforming use to an allowed use. The alteration of a non-conforming use or portion thereof, to an allowed use in the district, shall negate any rights of operation to the non-conforming use so altered or changed.

C. Discontinuance of non-conforming use. When a non-conforming use or portion thereof has been discontinued for a period of two or more years, said use shall not be re-established and future use of the property shall be in conformity with these by-laws.

D. Expansion or change of one- or two-family residential non-conforming uses. Existing one or two family residential uses which are non-conforming uses, may expand or be altered without a Special Permit from the Board of Appeals if the expansion or alteration meets the setback, height, and lot coverage standards of the zoning district in which the residential use is located.

E. Expansion or change of non-conforming uses other than one- or two-family residential uses.

[Amended 6-7-2016 ATM by Art. 18, approved 7-21-2016]

(1) Non-conforming uses other than a one or two family residential use may be extended or changed to another non-conforming use only by Special Permit granted by the Board of Appeals. However, in Single Residence A, B and C Zoning Districts, non-conforming uses may not be changed to another non-conforming use.

(2) The Board of Appeals shall not issue a Special Permit unless the Board finds that the extension or change of use is not more detrimental to the neighborhood than the existing non-conforming use.

F. Alterations in conformance with bylaw. A non-conforming use may be altered without a Special Permit by the Board of Appeals, but not extended, if the alteration conforms with this Zoning Bylaw.

§ 375-6.2 Non-conforming structures.

Are structures which when built were in compliance with the development standards, if any, in effect at the time, but because of changes in the Zoning Bylaw no longer conform to the development standards for structures in the zoning district in which the structure is located.

A. Protection of existing non-conforming structures. Non-conforming structures which are legally in existence prior to October 26, 1993, shall be considered in compliance with this Zoning Bylaw.

B. Expansion of non-conforming one- or two-family structures.

(1) Expansions or alterations of one or two family residential structures in non-residential zoning districts need only meet the setback, height, and lot coverage standards of the zoning district in which the residential structure is located.

(2) When the expansion or alteration of such a structure cannot conform with the development standards for structures in the zoning district in which the structure is located; the structure may be extended or altered only by Special Permit granted by the Board of Appeals. The Board of Appeals shall not issue a Special Permit unless the Board finds that the extension is not more detrimental to the neighborhood than the existing non-conforming structure.

C. Expansion of non-conforming structures for uses other than one- or two-family structures.

(1) Legal non-conforming structures, other than a one or two family residential structure, are allowed to expand or be altered without a Special Permit from the Board of Appeals if the expansion or alteration of the structure conforms with the development standards for structures in the zoning district in which the structure is located.

(2) When the expansion or alteration of such a structure cannot conform with the development standards for structure in the zoning district in which the structure is located; the structure may be extended or altered only by Special Permit granted by the Board of Appeals. The Board of Appeals shall not issue a Special Permit unless the Board finds that the extension is not more detrimental to the neighborhood than the existing non-conforming structure.

§ 375-6.3 Non-conforming lots.

Are lots which when recorded or endorsed were in compliance with the frontage, area and shape requirements in effect at the time, if any, but because of changes in the Zoning Bylaw no longer conform to the frontage, area, and shape requirements of the zoning district in which the lot is located.

A. Uses and structures not affected by non-conforming lots. Expansions or alterations of non-conforming uses or structures on non-conforming lots are allowed in accordance with the requirements of §§ 375-6.1 and 375-6.2 above.

B. Vested rights for residential lots in single ownership. The Building Commissioner/Zoning Enforcement Officer may issue a building permit for a non-conforming lot located in a residential district if all of the following conditions are met:

(1) The lot was not held in common ownership with any adjoining land when the zoning by-law changed to make the lot non-conforming.

(2) The lot has at least 5,000 square feet of area.

(3) The lot has at least 50 feet of frontage on a street which is built and improved to the standards required for the zoning district.