§ 16-7
Land nonconforming by area
[Ord. No. 08-31, 10-7-2009]
- (a) Use of substandard lots. A lot having frontage on a street that is not in compliance with the dimensional regulations of the zoning ordinance, including, but not limited to, minimum lot size, lot width and lot frontage, otherwise known as a "substandard lot of record", may be used for any purpose that conforms to the use regulations of the zone in which it is located, provided such lot was shown on a recorded deed or plat entered into the land evidence records in the office of the Town Clerk on the effective date of this appendix, or any other ordinance or amendment rendering it substandard.
- (b) Enlargement of undersized substandard lots. Lawfully established lots which have less than the minimum area requirements, may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this section.
- (c) Merger of substandard lots. Adjacent lawfully established individual lots in common ownership, which have less than the minimum area requirements on or after June 29, 1994, at the effective date of the adoption or amendment of this appendix, are not required to, but may be merged together by the owner. Any lawfully established lots that have been so merged or have been previously merged on the assessor's plats as one lot shall not be divided unless in conformance with the dimensional regulations of this appendix.
- (d) Undersized lots in agricultural and industrial zones. Lawfully established lots which have less than the minimum area requirements, and which are located in agricultural and industrial zones, shall not be used for residential uses, if such residential use was not permitted at the time such lot was lawfully established.
- (e) Merger of lots by use. Notwithstanding paragraph (b) above, in such cases where a substandard lot of record is contiguous to a lot under the same ownership as the substandard lot, and the lots are used in common, said lots shall be deemed merged for zoning purposes and shall not be sold separately. For the purposes of this subsection, such lots are used in common when one of the lots contains a principal structure, and one or more of the following conditions exist:
- (1) The principal structure occupies a portion of the contiguous lot;
- (2) The individual sewage disposal system (ISDS) serving the principal structure occupies a portion of the contiguous lot;
- (3) An accessory structure to the principal structure occupies a portion of the contiguous lot; or
- (4) A portion of the contiguous lot is used to fulfill the off-street parking requirements of the principal structure.
If all such conditions resulting in the contiguous lots being used in common are eliminated or corrected, such lots shall no longer be considered to be merged by use.
- (f) Special use permit for land nonconforming by area. Notwithstanding the regulations for minimum lot area contained in Article 4 (dimensional regulations), the following uses may be made by special use permit, of lots in the following zones, provided that they meet all other requirements of this appendix:
- (1) A-1 Zone — A single household dwelling may be built on a lot with up to 10% less than the minimum area required.