Dartmouth, MA Zoning Ordinance

The purpose of the Faunce Corner Overlay District ("the District") is to preserve the value of the lots within the District as those lots were formerly constituted prior to the acquisitions by the Town (by purchase, eminent domain, gift or otherwise) of portions of the lots in the District for the purposes of widening Faunce Corner Road and a portion of Old Westport Road. As used herein the term "acquired land" shall mean that portion of a lot which was acquired by the Town of Dartmouth for the purpose of widening and otherwise improving Faunce Corner Road and a portion of Old Westport Road. The phrase "as the lot previously existed" shall mean the configuration of a lot prior to the acquisition by the Town of the acquired land. The Faunce Corner Overlay District boundaries are shown on a map entitled "Dartmouth Zoning Map - Faunce Corner Overlay District", as described in Section 2.305.

For the purpose of this Zoning Bylaw, any lot within the District shall have this Bylaw administered as follows:

For the purposes of Article 30, Minimum Lot Area, the area of the lots shall be calculated by including in the lot the acquired land.

For the purposes of Article 31, Frontage, the frontage of the lot shall be calculated as though the lot still contained the acquired land.

For the purposes of Article 32, Percentage of Lot Covered, the calculation shall be made as though the lot still included the acquired land.

For the purposes of Article 33, Setbacks, for calculating setbacks other than the setback from street r-o-w lines or vehicular easement lines, signage setbacks and parking setbacks, all calculations shall be made as though the lot still included the acquired land. For purposes of calculating the setback from street r-o-w lines or vehicular easement lines, the acquired land shall not be taken into account.

For the purposes of § 375-2.4, District boundaries, all calculations shall be made as though the lot still included the acquired land.

For purposes of § 375-6.1, Non-conforming uses, no use shall be considered non-conforming if it was a legal use as of the date of the adoption of this Bylaw and which would continue to be a legal use if the acquired land were still a part of the lot.

For purposes of Articles 21 and 24 if a lot cannot meet the parking requirements as set forth in that article and it is established to the satisfaction of the Board of Appeals that said lot could meet the requirements of said article if the acquired land were still a part of that lot, then the Board of Appeals may, by special permit issued in accordance with Article 45, and with conditions as the Board may deem appropriate, reduce the required number of parking spaces proportionate to the reduction in area of the effected lot by the acquisition of the acquired land.