Land nonconforming by area

405.1. ;Reserved.

405.2. Merger of abutting nonconforming lots. If two or more abutting nonconforming lots are held in the same ownership as of June 20, 1988 or subsequent thereto, such lots shall be combined for the purposes of this ordinance in order to conform or more nearly conform to any of the dimensional requirements of this ordinance for the district in which the lots are located and such lots shall not be sold separately.

Notwithstanding the failure of that lot or those lots to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in 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. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under G.L. § 45-24-46 or a dimensional variance request under G.L. § 45-24-41, whichever is applicable.

Provisions may be made for the merger of contiguous unimproved, or improved and unimproved, substandard lots of record in the same ownership to create dimensionally conforming lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the standards, on a district by district basis, which determine the mergers. The standards include, but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and the consistency with the comprehensive plan. 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.

405.3. Subdivision of merged lots. A lot which has been created by the merger of two or more nonconforming lots, as provided for in subsection 405.2, may be subdivided or combined with other lots and subdivided, provided that approval is given by the Planning Board.

In all zones, where any portion of the lot is within the "coastal zone" as defined by the Rhode Island coastal resources management council, all dimensional requirements for the zone, including without limitation, area, frontage and lot width, shall be met.

405.4. Residential use of nonconforming lots. In any district in which dwellings are permitted, a dwelling may be erected, enlarged, or altered on a nonconforming lot or on two or more abutting nonconforming lots subject to the following:

Where there is an existing dwelling on a nonconforming lot prior to the effective date of this ordinance or any amendment thereto, such dwelling may be enlarged or altered without approval from the zoning board of review being necessary provided that such alteration or enlargement complies with the front and corner side yard, side yard and rear yard requirements of table 2A, Dimensional Regulations, for the district in which such lot is located.

405.5. Nonresidential use of nonconforming lots. In any district where nonresidential uses and structures are permitted, such structure may be erected, enlarged, or altered on a nonconforming lot with at least 50 feet of frontage provided that such alteration, enlargement or construction complies with the front and corner side yard, side yard and rear yard setback requirements of table 2B, Dimensional Regulations, for the district in which such lot is located and further provided that the requirements of subsection 405.2, and of sections 505 and 700 are met, if applicable.

(Ord. No. O-23-24, § I, 12-20-23)