Town of Dartmouth, MA Single Residence C Districts

A single building or portion thereof that provides living quarters for one family. The living quarters may or may not include cooking, sleeping or sanitary facilities but generally provides space for people to live. The living quarters shall be clearly designed for use by one family which forms a single housekeeping unit. Indications of a single housekeeping unit may consist of but not be limited to shared: living spaces, cooking, sanitary facilities, use of utilities or table board.

Where multiple facilities such as kitchens, baths, or living rooms are provided in a single-family home, they shall only be allowed in such a manner so that they cannot be partitioned into separate, family living quarters, unless as allowed in these by-laws.

Garages, sheds, storage buildings.

A building or structure used primarily for the purpose of storage, sheltering motorized vehicles and boats, or as a workshop provided that such building or structure shall not be used for business, service or industry except as allowed in these by-laws for such uses as home occupations, home educational uses, etc.

Each garage, shed, or storage building accessory to a residence is allowed to have a maximum foundation footprint of 600 square feet.

Renting of rooms. Within a single-family dwelling, rooms may be rented to a maximum of two additional persons. The accommodations of these two additional persons shall be within the living quarters of the resident owner, sharing the same cooking, sanitary facilities and table board. A resident owner is defined as the person or entity that owns the fee to the property and occupies the premises.

Accessory apartments.

Is a separate living area within a residential dwelling which is clearly subordinate to the principal residential unit and meets standards defined below.

The purpose of accessory apartments is to provide affordable housing typically for young couples, singles or elderly individuals who wish to live in Dartmouth but do not have the financial resources or desire to own a single-family home. Accessory apartments are also meant to provide housing for younger or older family members of persons residing in the principal residence who wish to live in separate living quarters.

In addition to the above purpose, an accessory apartment shall meet the following standards:

(a)

Only one accessory apartment is allowed per lot.

(b)

No other rental or leased accommodations may be provided on a lot for which an accessory apartment is allowed.

(c)

Is located within a single-family residence in such a manner so as to maintain the appearance of a single-family residence.

(d)

Is designed as separate living quarters from the primary residential unit, but is located within the same building.

(e)

Contains not more than 530 square feet.

(f)

Is occupied by no more than two unrelated persons or three persons related by blood, adoption or marriage.

(g)

Is an addition or renovation to a residence which had its original occupancy permit issued at least three years prior.

(h)

The property owner must occupy either the accessory apartment or the primary single-family residence, and may not sub-let either unit.

(i)

The Board of Health confirms that the accessory apartment can be accommodated with respect to onsite water, onsite septic disposal and any other standards of the Board of Health.

(j)

Two off-street parking spaces are provided for the accessory apartment in addition to other required parking spaces for the primary single-family residence.

(k)

The primary single-family residence is not being used as a lodging house or rooms rented.

(l)

The single-family residence/accessory apartment is located on a lot of at least 6,000 square feet.

Home educational uses. Educational uses operated from a residential property and which are taught without the benefit of fulltime faculty and offer instruction for profit to individuals or groups in subjects such as but not limited to dance, art, martial arts, ceramics, etc. are allowed by right if the following conditions are met:

The home educational use does not alter the residential appearance of the dwelling or accessory buildings.

Instruction shall be carried on by a person who owns and resides on the premises, with no more than one additional instructor or other employee on the premises at one time.

The home educational use shall not utilize more than 600 square feet of indoor space on the premises. Outdoor educational space shall be limited to facilities such as swimming pools or tennis courts that are normally associated with a residence.

Off-street parking spaces are provided at the ratio of three spaces for each increment of zero to 200 square feet of home educational use area and one for each additional employee.

(5)

Home education use space outside a building shall be screened from the street or abutting properties.

(6)

There shall be no exterior advertising regarding the home educational use exhibited on the premises except for one wooden identification sign not to exceed two square feet on each of two sides. Each side of the sign can be used for identification. The sign shall not be illuminated either internally or directly.

(7)

Traffic will not be objectionably increased above that associated with a residential home. If more than two vehicles are regularly parked in the street (total of four hours in a twenty-four-hour period) as a result of the home educational use, this will be considered an objectionable increase.

(8)

Classes are limited to no more than five students per session or class, with only one class or session conducted on the premises at any one time.

(9)

Traffic/parking/pedestrian regulation signs are allowed if required by the Town.

(10)

All lighting units shall be located no higher than 14 feet, with lights shielded to direct light downward. Lighting shall not cause glare onto abutting properties.

(11)

Classes shall only be conducted between the hours of 8:00 a.m. - 9:00 p.m.

(12)

The Board of Health confirms that the educational use can be accommodated with respect to onsite water, onsite septic disposal and any other standards of the Board of Health.

(13)

The home education shall be of a type that does not affect the residential character of the neighborhood nor produce nuisances; such as, but not limited to, hazards from fire, 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 neighborhood.

(14)

Any home educational use is allowed if the activities of the home educational use do not make the property appear different than the normal use of the property by the owner for his residence or appropriate measures are taken to prevent any nuisances.

Places of worship. An institution or place where religious services, spiritual meetings or associated activities are held on a regular basis.

Real estate signs. A single sign for the temporary (once property sold must be removed) advertisement of the sale of property upon which the sign is located. The overall dimensions of the sign shall not exceed six square feet and placed on the property being advertised. Permanent subdivision identification signs, the overall dimensions of which shall not exceed six square feet, are allowed on private property with no more than two single sided or one double sided sign at an intersection and meeting intersection sight triangle setback requirements. One temporary (once all lots sold, must be removed) subdivision advertisement sign not to exceed the overall dimension of six square feet is allowed at the entrance to a subdivision. The above signs shall not be illuminated either internally or directly.

Exempt uses. Any uses exempted from zoning by Massachusetts General Laws, Chapter 40A, Section 3, except that the development standards of these Zoning By-Laws shall apply.

Accessory uses. A structure or use that:

Is clearly incidental to and customarily found in connection with a principal building or principal use;

Is subordinate in area, extent or purpose to the principal building or principal use served;

Contributes to the comfort, convenience, or necessity of occupants in the principal building or principal use served; and

Is located on the same lot as the principal building or principal use served.

Other uses. Unless expressly listed above, allowed by Special Permit or exempt under MGL are hereby prohibited.

§ 375-9.3 Special permit uses.

The following uses are allowed in Single Residence C Districts only by Special Permit granted by the identified Special Permit Board in accordance with the procedures of MGL Chapter 40A:

Renting of rooms in a non-owner-occupied dwelling. A family which does not consist of the owner of the residence may rent to a maximum of two additional persons only with a Special Permit granted by the Board of Appeals. The Special Permit will only be granted if the following conditions are met:

The owner of the property agrees to the rental arrangement.

The owner of the property and resident family agree to correct any problems arising from the room rental and are readily accessible to the Town and neighbors to discuss problems.

The rental does not impair the normal peace and quiet of the neighborhood.

The Board of Appeals may impose conditions and requirements it deems necessary to protect the residential character of the neighborhood and ensure the proposed use can be accommodated without nuisance.

(5)

Once a Special Permit has been granted by the Board of Appeals, the Board of Appeals can revoke the Special Permit after holding a public hearing in accordance with MGL Chapter 40A, and if conditions of the Special Permit have not been adhered to or the rental contributes to a nuisance in the neighborhood.

§ 375-9.4 Development standards.

All uses in Single Residence C Districts including uses allowed by Special Permit or exempted by MGL Chapter 40A, Section 6, shall meet the below development standards as applicable:

Lot area.

The minimum lot area for all uses in Single Residence C Districts shall be 6,000 square feet, not including freshwater or coastal swamps, bogs, marshes and wet meadows, land below mean high water on land subject to tidal action, land under any water body for more than five months of the year (all as classified under the Wetlands Protection Act, MGL Chapter 131, Section 40), and drainage easements.

There shall be no more than one single family dwelling permitted per lot.

Frontage.

The minimum frontage for all uses in a Single Residence C District shall be 50 feet. Excepting no more than 10% of the lots in a subdivision may be granted a waiver by the planning board of the requirements of § 375-9.4B frontage.

Such frontage shall be on a public way, a way the Town Clerk certifies is maintained and used as a public way, or on a private way that in the opinion of the Planning Board is of sufficient width, suitable grade, and adequate construction to provide access and municipal services to the lot in accordance with MGL Chapter 41, Section 81L, or shown on a way that is built.

Frontage for the purposes of the Zoning Bylaw, is defined as the continuous boundary between a lot and an abutting street, such boundary being located between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines extended.

In the case of a lot abutting on more than one street, such lot shall have the applicable minimum frontage on either street or a combination of both streets to constitute frontage. Frontage cannot be gained on that portion of a road which is a bridge or a causeway across water.

(5)

These frontage regulations are primarily for the purpose of minimizing congestion in streets by distributing access to lots over a minimum distance (frontage). Such distance appropriate to the general character and goals of the zoning district. In keeping with this purpose, access to a lot or building site does not need to originate from the street where legal frontage is provided, if said alternate access reduces the total number of access points (driveways) which would otherwise be located off streets or takes driveways off a busy street to a less busy street. These frontage regulations are also for the purpose of ensuring that the minimum legal frontage for a lot is located on street which meets minimum street standards.

Setbacks.

Minimum setback dimensions. Any building or structure placed on a lot, whether temporary or permanent, shall meet the following minimum setback requirements:

[Amended 6-3-2014 ATM by Art. 38, approved 9-10-2014]

(a)

A ten-foot minimum setback from street r-o-w lines or vehicular easement lines.

(b)

A seven-foot minimum setback from all other perimeter property lines.

Exemptions from setback requirements.

(a)

Swimming pools are allowed to be placed within 10 feet of a perimeter property line or 30 feet from a street line.

(b)

Fences, stonewalls, retaining walls and boundary delineation structures under six feet in height are exempt from these setback requirements, but are subject to the intersection sight triangle setback.

Height. The maximum height of all buildings or freestanding structures shall be 35 feet. Non-habitable structures placed on top of buildings shall not exceed 50 feet in height. Height shall be measured from the average of the finished grade at the foundation around the building or structure, to the highest part of the building or structure or to the average level of the highest gable or slope of a hip roof. Where non-habitable structures exceed 35 feet in height, the non-habitable structure shall be setback from all property lines at least twice the height of the non-habitable structure.

Percentage of lot coverage. In Single Residence C 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 65% requirement.

Parking and driveways. The number of Off-Street Parking spaces shall be provided in accordance with the following table:[1]

Use	Number of Parking Spaces Required
Single Family Dwelling	2 per dwelling
Renting of Rooms	1 per renter
Accessory Apartments	2 per accessory Apartment
Home Educational Uses	3/200 Sq. Ft plus 1 per Employee
Places of Worship	1 per 4 Occupants
Driveways	Shall be set back a minimum of 5 feet from adjacent property lines
All other uses	As per § 375-8.4G

[1]

Editor's Note: Original § 4C.407, Signs, which immediately followed this subsection, was deleted 10-17-2017 ATM by Art. 21, approved 1-29-2018. See now Art. 25, Signs.

Lighting. All artificial lighting 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 14 feet. Illumination of parking areas shall have the light source shielded from above and the light source shall not be visible from streets or abutting properties.

Other development standards.

If the land is located in one of these zoning overlay districts, additional development standards may be imposed:

Title	Article of Zoning By-Laws
Inland Wetland and Watershed Protection District[2]
Coastal Wetlands District[3]
Flood Prone Land District	27
Aquifer Protection District	28

[2]

Editor's Note: Original Sect. 17 was deleted 11-18-1997.

[3]

Editor's Note: Original Sect. 18 was deleted 11-18-1997. See now Art. 26, Waterfront Overlay District.