Adjacent nonconforming lots of record under same ownership.
§ 255-880. Adjacent nonconforming lots of record under same ownership. [Amended 3-25-2025 by Ord. No. 2025-04]
A. 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 ft) of the subject lot, as confirmed by the Zoning Enforcement Officer, which shall be supported by the submission of a Compilation Survey of the property as prepared by a Rhode Island Registered Professional Land Surveyor, as submitted by and at the expense of the property owner.
B. Adjacent nonconforming lots of record under common ownership in Rural Residential Zone; exemption from merger provision. Two or more adjacent nonconforming lots of record or parcels of land under the same ownership on the effective date of this subsection, June 26, 2000, in an RR-2, RR-3, or RR-5 Zone shall not be merged for the purpose of this chapter pursuant to § 255-880A of the Code, provided that the adjacent nonconforming lots of record or parcels of land conformed to the minimum two-acre dimensional requirements in effect after May 4, 1981, and provided that they were lawfully created and recorded.
C. Nothing in this section shall be construed as exempting such adjacent nonconforming lots of record from complying with the maximum percentage of lot coverage of principal and accessory buildings, maximum building height and accessory building setback requirements, as required in § 255-600 of the Code for the zoning district in which such lot is located. Any lots meeting those requirements shall be considered as a conforming lot of record for single-family residential purposes.