No buildings shall be erected or used and no
land shall be used or divided unless in conformity with the regulations
of this chapter. All other buildings and all other uses of land or
of buildings are hereby expressly prohibited, except those already
lawfully existing which by the provisions of this chapter become lawfully
nonconforming.
When a lot is situated in part in the Town of
Westminster and in part in the adjacent municipality, the provisions
of this chapter shall be applied to the portion of such lot in the
Town of Westminster in the same manner as if the entire lot were situated
in Westminster.
When a lot is transected by a zoning district
boundary, the regulations of this chapter applicable to the larger
part by area of such lot may also, at the option of the lot owner,
be deemed to govern in the smaller part beyond such zoning district
boundary, but only to an extent not more than 30 linear feet in depth
beyond such zoning district boundary.
[Amended STM 4-16-1983 by Art. 32]
A. No building shall be erected, except on a lot fronting
on a street, and there shall be not more than one principal building
on any lot, except as allowed under this chapter.
[Amended ATM 5-3-2005 by Art. 40]
B. Flag lots. In addition, any parcel larger than five
acres may be further divided without process through the Subdivision
Control Law, provided that each created lot either conforms with the
appropriate land space requirements for that zoning district or the
following:
[Amended STM 11-3-1994 by Art. 12; ATM 5-6-2017 by Art. 35]
(1) Each parcel shall have a minimum of 54 feet of frontage for an access to a Town road, this width to be maintained to the circumference of the radius described in Subsection
C(1) below;
(2) Each parcel shall contain a minimum of two and one-half
(2 1/2) times the land area it would normally require in each
zoning district; and
(3) There shall be no more than two such accesses adjacent
to each other.
(4) Flag
lots cannot use cul-de-sac turnarounds for their required road frontage.
[Added ATM 6-20-2020 by Art. 34]
C. Design
standards for newly created lots: whether created through the subdivision
process or approval not required (ANR) process, all lots created after
March 13, 2017 shall be designed as follows:
[Added ATM 5-6-2017 by
Art. 35]
(1) There shall be a point on each lot from which a circle
having a radius of 50 feet can be drawn without touching any of the
opposing lot lines.
(2) At
no point shall the width of a lot from side lot line to side lot line
be less than 54 feet.
Land within the lines of a street on which a
lot abuts shall not be counted as part of such lot for the purpose
of meeting the area requirements of this chapter, even though the
fee to such land may be in the owners of abutting lots.
Any land taken by eminent domain or conveyed
for public purpose for which the land could have been taken or was
taken by eminent domain shall not be deemed to be transferred in violation
of the land area, width and space provisions of this chapter.