Land nonconforming by area
(a) Single lots of record.
(1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot which was of record on June 28, 1961.
(2) Notwithstanding limitations imposed by other provisions of this chapter, such lot must be in separate ownership and not adjoining any other lots in common ownership which would result in a merger under subsection 28-221(c) below and must not have been merged by use. This provision shall apply:
a. Even though such lot fails to meet the requirements for total lot area or width, or both, that are generally applicable in the district as set forth in article V of this chapter; and
b. Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this zoning ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:
1. Minimum building setbacks, lot frontage, and lot width requirements for a lot that is nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width requirements from another zoning district in the municipality in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the minimum lot area required in the district in which it is located, the setbacks, frontage, and width shall each be reduced to 40 percent of the requirements for those dimensional standards in the same district.
2. Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60 percent over the maximum permitted lot building coverage in that district.
All proposals exceeding such reduced requirement shall proceed with a modification request or a dimensional variance request, whichever is applicable.
c. Provided that appropriate landscaping, including, but not limited to, trees, hedges or fences shall be installed pursuant to the direction of the director to minimize any impact on adjacent property.
d. Merger prohibited for certain lots. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.
(b) Merger of multiple nonconforming lots of record in nonresidential zones. Adjacent lawfully established lots in the same ownership in the LB, D, W, GB, MMU and M zones which have less than the minimum area or frontage requirements shall not be merged together, and may be separately developed; provided, however, that such lots must be served by both public sewer and public water and that any such development must meet all dimensional requirements (other than minimum lot area and frontage) and density requirements of this chapter. If such lots are not served by both public sewer and water, then they shall be deemed to be merged into one lot and shall not be divided except in conformance with all requirements of this chapter.
(c) Merger of multiple nonconforming lots of record in residential zones. The merger of multiple nonconforming lots of record in residential zones shall be as follows:
(1) Adjacent lawfully established undeveloped lots, or adjacent lawfully established developed and undeveloped lots, in the same ownership in the R-80, R-40, R-20 and R-20SP zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this chapter. Any such merged lot shall not be divided, except as follows:
a. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision regulations of the town, including without limitation, the requirement for planning board approval; and
b. All such resulting lots must be served by both public sewer and public water; and
c. All such resulting lots must meet all dimensional requirements of this chapter, except those as to minimum area and frontage requirements; and the minimum frontage and lot width be reduced to 50 percent of that otherwise required for the zone in which the lot is located, and the lot area may be reduced as follows:
1. In the R-80 zone, if after subdivision into as many 80,000 square foot lots as possible, there remains a lot of 40,000 square feet or more, it may be created.
2. In the R-40 zone, if after subdivision into as many as 40,000 square foot lots as possible, there remains a lot of 30,000 square feet or more, it may be created.
3. In the R-20 and R-20SP zones, if after subdivision into as many 20,000 square foot lots as possible, there remains a lot of 15,000 square feet or more, it may be created.
Provided however, that the planning board shall have the authority to require the subdivider to divide the merged lot into the same number of lots as would be allowed by this subsection, but with the available lot area averaged over all such lots. For example, in the R-20 zone, if someone owns three lawfully existing adjacent nonconforming lots of 12,000 square feet each, these would be merged into one lot of 36,000 square feet. Under the provisions of this subsection, such lot could be subdivided into one 20,000 square foot lot and one 16,000 square foot lot; provided, however, that the planning board could instead require two 18,000 square foot lots.
d. In cases where the above standards cannot be met, then a dimensional variance must be obtained from the Zoning Board of Review in order to proceed with a subdivision application. The Zoning Board may grant a dimensional variance for previously merged lots from the requirements of this merger provision wherein the zoning board may make a specific finding of fact that lots, as unmerged, will be of a size generally in conformance with the area of developed lots in the surrounding vicinity. Such lots shall further have the minimum width requirement of lots in that zone generally or at the very least shall have a lot width of not less than 80% of the lot width required for the underlying zone.
(2) Adjacent lawfully established undeveloped lots, or adjacent lawfully established developed and undeveloped lots, in the same ownership in the OS, EI, R-15, R-10, R-10SW, R-8 and R-6 zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this chapter. Any such merged lot shall not be divided except as follows:
a. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision regulations of the town, including without limitation the requirement for planning board approval; and
b. All resulting lots must meet all dimensional requirements of this chapter, including without limitation, the minimum lot area and frontage requirements, or obtain a dimensional variance from the zoning board of review. The zoning board may grant a dimensional variance for previously merged lots from the requirements of this merger provision wherein the zoning board may make a specific finding of fact that lots, as unmerged, will be of a size generally in conformance with the area of developed lots in the surrounding vicinity. Such lots shall further have the minimum width requirement of lots in that zone generally or at the very least shall have a lot width of not less than 80 percent of the lot width required for the underlying zone.
(d) Exemption from merger provision in residential zones. In any residential zone, if 70 percent of the block, on the same side of street, (block not to exceed 500 linear feet in either direction of the subject lot), or on both sides of the street if fewer than three lots, is developed and built on lots with less than the minimum area which is required in the zone in which it is located, then the remaining multiple nonconforming lots of record may be divided and developed at the same average lot area. Any such merged lot shall not be divided, except as follows:
(1) Any such division shall be deemed a subdivision and subject to all requirements of the subdivision regulations of the town, including without limitation the requirement for planning board approval; and
(2) All resulting lots must have sewer and water; and
(3) All resulting lots must meet the following dimensional requirements: The minimum frontage and lot width may be reduced to no less than 50 percent of that otherwise required for the zone in which the lot is located.
(e) Notwithstanding any of the foregoing provisions of this section, the merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.
(Ord. No. 2017-16, 11-8-17; Amend. of 1-27-21; Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)