Town of Dartmouth, MA Article 21 Limited Industrial District

§ 375-21.1 Purpose.

The purpose is to provide for industrial uses that provide employment opportunities and diversify the tax base while not imposing hazards or nuisances on neighboring residential uses, commercial uses, and the environment.

§ 375-21.2 Allowed uses.

Within any Light Industrial District, as indicated on the Zoning Map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for other than one or more of the following specified uses:

A. Research and development laboratories and facilities.

B. Medical laboratories and diagnostic facilities.

C. Manufacture of food, textile, medical, and electronic products; and similar light manufacturing.

D. Manufacture of millwork and finished wood products.

E. Manufacture of building components for light construction.

F. Warehousing, retail, service use, and power production incidental to the primary manufacturing. Incidental warehousing may not exceed 50% of the facility's gross floor area; incidental retail, 20%; incidental service, 20%; and incidental power production, 20%. These incidental uses together may not exceed 50% of the facility's gross floor area.

G. Office buildings, provided that they comply with all standards required by Article 19, Office Park District.

H. Exempt uses.

I. Wireless communications 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, provided however, that commercial/non-accessory uses on such towers may be allowed by Special Permit in accordance the Zoning Bylaw.

(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 April 3, 1997, 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.

J. Municipal buildings, structures, facilities, or uses owned and operated by the Town of Dartmouth.

(1) No use will be permitted which will produce a nuisance or hazard from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, harmful radioactivity, offensive noise or vibration, flashes, objectionable effluent or electrical interference which may affect or impair the normal use and peaceful enjoyment of any property, structure, or dwelling in the neighborhood.

(2) In all cases, the applicant shall certify to the Building Commissioner, through the appropriate engineer certified in Massachusetts, that the equipment or tower proposed conforms to all local, State, and Federal laws and regulations prior to construction or installation.

K. The following uses are allowed only on lots that do not have municipal sewer service within 500 feet of the lot:

(1) Warehousing and distribution. A use engaged in storage and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. This definition does not include self-storage facilities.

(2) Commercial recreational facilities. Facilities designed for commercial recreation such as, but not limited to, golf driving ranges, game courts, and bowling alleys.

L. Conference and training centers. A use which includes, but is not limited to, facilities which conduct business conferences, educational sessions, seminars, and trade shows.

M. Health clubs. A use that promotes fitness and health by the use of specialized exercising equipment or facilities.

N. 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, 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, except that facilities for the sale of agricultural products shall be regulated in the following manner:

(a) During the harvest season of the primary crop, at least 50% of the products offered for sale on agricultural land owned or leased by a particular person shall have been produced on land owned or leased by the same person. Nonagricultural products customarily offered for sale shall not exceed 30% of the value of agricultural products offered for sale from the premises.

(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.

O. Stables.

(1) A building and its surrounding grounds where horses or draft animals are kept or brought in for training, boarding, breeding, hire, riding, sale, show, competition, or any other equine activity or discipline.

(2) 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.

P. Gardens.

(1) Land set aside for the growing of ornamental, vegetable, or fruiting plants or for horticultural beautification of the property. Buildings or structures to support this activity are considered accessory uses.

(2) 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.

Q. Aquaculture farming. Facilities related to the production of shellfish, fish, or plants. The primary production areas located on top of or in marine or fresh waters. Accessory land based support facilities such as docks, storage, and propagation buildings are allowed.

§ 375-21.3 Special permit uses.

A. Other manufacturing processing and primary production of steam and/or electric power shall require a Special Permit from the Board of Selectmen, which may impose reasonable conditions, including that:

(1) The project can reasonably be expected to have adequate water and other required natural resources.

(2) The project includes adequate impact mitigation for noise and other pollutants.

(3) The project includes adequate provisions to minimize traffic and road surface impacts.

(4) The facility's mass and scale is consistent, by siting and design, with neighboring uses.

(5) That the facility be limited to gas fired with fuel oil backup manufacturing and production of steam, hot water and/or electric power.

B. 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) Subject to the granting of a Special Permit for a tower by the Board of Appeals, a condition of the Special Permit shall require the applicant to allow co-location on the tower if structurally and technically feasible. 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 April 3, 1997, 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.

§ 375-21.4 Development standards.

[Amended 10-17-2017 ATM by Art. 21, approved 1-29-2018]

A. In Limited Industrial Districts, all lots shall have a minimum frontage of 150 feet and a minimum area of 43,560 square feet.

B. The maximum height of any building or structure shall be 50 feet, and no more than three stories. Non-habitable structures appurtenant to any buildings or structures, such as chimneys, towers, elevator over runs, roof top mechanics and parapets, may extend above 50 feet, but no higher than 60 feet.

(1) The Planning Board may, by Special Permit, allow non-habitable structures to exceed 60 feet, provided that any such increase over 60 feet does not create detrimental effects to the surrounding neighborhood.

(2) The height of all buildings and structures shall be measured from the average grade of the ground at the base of the structure.

C. All uses on a lot which include, but are not limited to, buildings, driveways, parking areas, storage areas, impermeable surfaces, etc. shall not cover more than 65% of the entire lot. Landscaped areas are not included.

D. Buildings or structures shall be set back as defined in Article 33, Setbacks.

E. No building or structure shall be placed nearer than 100 feet to an abutting residential district: this space shall include a thirty-foot wide buffer of evergreen trees or existing trees provided that they create an equivalent year-round buffer.

F. The design standards and plan content requirements 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.

(2) All parking, storage, and loading areas shall be at least 50 feet from any residential district.

G. All water, sewer, gas, electric, and other utility services shall be underground.

H. No material or supplies shall be stored or permitted to remain on any part of the property outside the building constructed thereon. Any finished products or semi-finished products stored on the property outside of said building shall be confined to the rear half of the property 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. 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.

I. Permits.

(1) Prior to the issuance of a permit, the Zoning Enforcement Officer shall request a review and comment from the following, which shall respond in writing within 14 days:

(a) The Town Engineer, or designee, on the structural adequacy of the surrounding streets, drainage issues, as well as the servicing of the uses by Town water and sewer.

(b) The Planning Director, or designee, on the adequacy of the parking facility.

(c) The Board of Selectmen, or designee, on the architectural appearance of the proposed buildings.

(d) The District Fire Chief, or designee, on issues under his jurisdiction.

(e) The Safety Officer, or designee, on traffic and circulation and other safety issues.

(2) The Building Commissioner may grant or deny a permit based upon the above review.

J. Multiple buildings are allowed on each lot and more than one use may be allowed in each building, provided all uses are permitted within the district.

§ 375-21.5 Procedures.

A. The Applicant shall submit to the Building Commissioner a site plan together with the following information:

(1) Topography in two-foot contours for the entire site.

(2) Site plan showing proposed grading, all roads, parking, buildings, and utilities with necessary details, in a scale no smaller than one inch equals 40 feet.

(3) Storm water management plan supported by soil Conservation Service TR-20 or TR-55 method calculations demonstrating no net increase in rate of storm water runoff.

(4) Traffic impact assessment report, containing the following information:

(a) Projected a.m. and p.m. peak traffic and average daily traffic for the proposed facility. Number of hourly distribution of vehicles gross vehicle weight category.

(b) A review of any existing master plans relating to traffic in the project vicinity; an assessment of the project impact on the implementation of the master plan; and, in particular, the project's impact on proposed takings for roadway improvements. The review shall consider possible locations of curb cuts on nearby parcels and demonstrate consistency with the master plan.

(c) If the proposed site development will result in a decrease in the peak capacity of nearby roads and intersections of 10% or more a level of service analysis for pre- and post-development conditions is required. If this analysis indicates a reduction in Level of service (LOS) by one level or more (i.e., B to C), or if intersection failure is projected or anticipated (LOS = D or worse), a mitigation plan shall be prepared for implementation prior to issuance of any occupancy permit. The applicant should consult with the DPW to determine which intersections should be analyzed.

B. Pre-application consultation is strongly recommended. The Building Commissioner shall review the plans and issue or deny a building permit within 30 days. The Building Commissioner may submit plans to the Planning Director, Town Engineer, Conservation Officer, and other appropriate officials and boards.