[Amended 5-16-1978; 7-3-1979]
A. Any parcel of land held in undivided and separate ownership may be
subdivided upon application to and approval by the Town of Riverhead
Planning Board, provided that all resulting lots and all structures
on such lots must comply individually with the provisions of this
chapter.
B. Prior to the adoption of this chapter, if any lot held in one ownership
or if any lot devised by will has a frontage or area less than that
required by this chapter, such lot may have buildings or structures
erected on it, provided that all other requirements are met.
C. Whenever a single lot which has been excepted from the area, width
and yard requirements of a particular district, by reason of such
lot being in single and separate ownership on a certain date, is joined
by common ownership to an abutting lot, the greater area, width and
yard requirements for the particular district shall apply to the increased
lot size. However, the Riverhead Planning Board may, in its discretion,
grant a subdivision of any such lots deemed merged by operation of
law through this section, if such Board shall be satisfied, based
upon the record or the proceeding had before it, that the following
conditions have been met:
[Amended 7-17-1984]
(1)
The owner of the lots merged was unaware that the taking of
such property in the same ownership as an adjoining parcel would cause
a merger by operation of this section.
(2)
That the development of the surrounding neighborhood is such
that the subdivision of such merged lots will not result in lots of
a lesser size than those of the surrounding neighborhood.
(3)
That no such lot for which a subdivision is applied for pursuant
to this section shall result in a lot area 1/2 or less of the area
permitted in the zone pursuant to the lot area requirement schedule
effective in such zone.
[Added 10-21-1986; amended 6-20-1989]
Whenever two or more parcels of property which are nonconforming
and which abut at a common course and distance are held in the same
ownership, such parcels shall be termed "merged" to form one lot,
in conformance with the lot requirements of the zoning use district
in which the parcel is located.
[Amended 7-3-1979; 5-21-1981]
No fence, except an open wire or open chain-link fence without
any planting thereon, wall, hedge or other planting more than three
feet in height measured above street level and no object or any other
obstruction of a height in excess of two feet shall be erected, placed,
parked or maintained on a corner lot within the triangular area formed
by the intersecting street lines and a straight line joining said
street lines at points which are 30 feet distant from the point of
intersection measured along said street lines. This section shall
not prohibit one tree to be grown in this area, provided that the
branches of the trees are trimmed away to a height of at least six
feet above street level.
[Amended 6-16-1987]
Notwithstanding any other provision of this chapter, the Town
Board may, by special permit, allow within the Riverhead Public Parking
District No. 1 a minimum front yard depth of zero feet and/or a total
building area of up to 100% of the area of a parcel of land held in
one ownership, either by erection of a new building or by alteration
or extension of an existing building.