Non-Conformity with Dimensional Standards.
§ 218-43. Non-Conformity with Dimensional Standards.
A. Preexisting Substandard Lots.
(1) A lot with lesser amounts than required in ARTICLE VII Dimensional requirements, may be considered as nonconforming. Such lot must have been shown on a legally recorded plat or deed before the effective date of this Ordinance, and did not adjoin other land of the same owner, and met all the requirements of the zoning ordinance in effect at the time of its creation.
(2) 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: [Amended 2-12-2024 by Ord. No. 409; 10-28-2024 by Ord. No. 426] (a) Minimum building setbacks, lot frontage and lot width requirements for a lot which 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 forty percent (40%) of the minimum lot area required in the district in which it is located, the setbacks, frontage and width shall each be reduced to forty percent (40%) of the requirements for those dimensional standards in the same district.
(b) 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 forty percent (40%) of the required minimum lot area, the maximum lot building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot building coverage in that district.
(3) Notwithstanding the provisions of subsection (2) herein, an owner or applicant of a legal nonconforming lot of record is eligible to voluntarily proceed under the provisions of this alternate section (3), provided that they shall follow the provisions of either section (2) or section (3) in its entirety. The yard dimensional requirements for a structure may be reduced and the maximum building coverage requirements for a structure may be increased for a substandard lot of record, at the time of passage of this section, in the proportion that the area of such substandard lot is reduced from the minimum area requirements of the district in which the lot is located to a minimum of twelve (12) feet as to side yard, thirty-eight (38) feet as to rear yard and thirty (30) feet as to front yard setback. The necessary computation and determinations of the modifications for building setbacks of yard dimensional requirements for each substandard lot shall be made by the Charlestown Building Official at the time of application for a building permit. Whereas a substandard lot of record meets the area and/or width requirement of a lesser zone, the setback, coverage and height requirements of the lesser zone shall apply. Applicants under this section (3) may also apply for additional dimensional relief, either administratively or through the Zoning Board of Review. Applicants under this section (3) are also eligible to apply for modifications or variances from the required dimensional requirements, as set forth in this ordinance. [Added 4-8-2024 by Ord. No. 415] (4) A pre-existing substandard lot may be increased in area even if the altered lot remains nonconforming to the then-existing dimensional requirements of this Ordinance without Zoning Board of Review approval.
B. Contiguous Substandard Lots. [Amended 2-12-2024 by Ord. No. 409] (1) On the basis of the lack of public infrastructure in all districts, when two or more pre-existing substandard contiguous lots are under single ownership, such lots shall be considered to be a single lot and no portion thereof shall be used in violation of any of the requirements of ARTICLE VII Dimensional requirements. No lots contiguous to each other and under single ownership shall be subdivided in a manner below the requirements fixed by this ordinance.
(2) 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 fifty percent (50%) of the lots within two hundred feet (200') of the subject lot, as confirmed by the zoning enforcement officer.