Land Nonconforming by Area

3.11 LAND NONCONFORMING BY AREA

• Enlargement of Undersized 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 Article. 28 Town of Smithfield Article 3 – Nonconformance Zoning Ordinance

• Single Nonconforming Lot of Record

  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 of record which was lawfully established as of April 14, 1987, notwithstanding limitations imposed by other provisions of this Ordinance. Such lots must be in separate ownership and not have continuous frontage with other lots in the same ownership unless otherwise provided herein, and such lot and any structure thereon must conform to all dimensional requirements of this Ordinance other than minimum lot area, lot width or frontage.

• Merger of Multiple Nonconforming Lots of Record in Non-Residential Zones

  For lawfully established lots with continuous frontage in single ownership which are located in the V, C, HC, LI, I, PCD and PD zones, if all or part of the lots do not meet the requirements established for lot width, frontage or area, the lots need not be merged together. They may be separately transferred and/or developed, provided however, that such development must meet all dimensional requirements of this Ordinance unless a dimensional variance is granted by the Zoning Board.

• Merger of Multiple Nonconforming Lots of Record in Residential Zones

  For lawfully established lots with continuous frontage in single ownership which are located in the R-200, R-80, R-Med, R-20, R-20M, and MU zones, if all or part of the lots do not meet the requirements established for lot width, frontage or area, the lots shall be deemed to be merged together and shall be considered to be an individual parcel for the purpose of this Ordinance and for property assessment purposes. No portion of said parcel shall be used or transferred in a manner which diminishes compliance with lot width, frontage, or area requirements established by this Ordinance. Nor shall any division of any parcel be made which creates a lot with width or area less than the requirements stated in this Ordinance, except as follows:

  1. Any such division shall be deemed to be a subdivision and subject to all requirements of the Land Development and Subdivision Review Regulations of the Town, including, without limitation, the requirement for Planning Board approval, and
  2. All such resulting lots must meet all dimensional requirements of this Ordinance, except those as to lot width, frontage or area; and the minimum lot width, frontage or area may be reduced according to the following table:

MERGER REGULATIONS

ZONE Minimum Lot Area (s.f.) Minimum Lot Width (ft.) Minimum Frontage (ft.) R-200 90,000 225 R-80 60,000 150 R-Med 30,000 100 R-20 15,000 100 R-20M 15,000 100 MU 10,000 100 29 Town of Smithfield Article 3 – Nonconformance Zoning Ordinance