1.
No building or structure shall be built nor shall any existing building or structure be enlarged or altered except in conformance with the regulations of this Zoning Ordinance as to lot coverage, lot area, area per dwelling unit, lot width, front, side and rear yards, and maximum height of structures, in the several districts as set forth herein, except as may otherwise be provided in this Ordinance.
Side lot lines may deviate from this requirement for natural constraints, such as watercourses, wetlands, etc., or where prudent subdivision practices necessitate special consideration. In all such cases the burden shall be on the applicant to justify such deviations in design.
2.
Lot lines to be substantially at right angles to street lines. Side lot lines shall be substantially at right angles to straight street lines, or radial to curved street lines, for their full length from front to rear.
3.
The land and yard space required for any new building or use shall not include any land or area required by any other building or use to fulfill zoning requirements.
4.
Developable land area.
This provision shall not apply to any lot of less than two (2) acres in area existing and recorded as of July 1, 1994.
For the purpose of calculating the minimum lot size required by this Ordinance or calculating the maximum number of units, maximum lot coverage, or maximum density permitted in accordance with any development standards contained in this Ordinance, the terms "land", "land area", "lot size", and "lot area" or any such similar term shall mean "developable land area", which is defined as follows: Developable Land Area is the total gross land area of the parcel proposed for development LESS the total of the following:
a)
Freshwater wetlands as defined in Title 2, Chapter 1 of the General Laws of Rhode Island as amended and in any rules and regulations adopted pursuant thereto. Provided, however, that any setback requirement from the edge of a wetland as so defined in Title 2, Chapter 1, shall not be included in the calculation of wetland area.
b)
Coastal shoreline systems as defined by Section 120.0-2A.1 of the Rhode Island Coastal Resources Management Program, as amended February 1982, or subsequent amendments thereto, as follows:
c)
Any public or private street or street right-of-way.
d)
Existing water surfaces.
e)
Areas required for stormwater retention/detention under this Ordinance, or any other Ordinance of the Town of Portsmouth, or by the RI Department of Environmental Management, or by the RI Coastal Resources Management Council.
f)
Areas required for utility easements of public utilities.
5.
No yard or lot legally existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.
6.
Corner lot. The front lot line of a corner lot shall be established by which lot line the front entrance to the building faces, or is proposed to face. Corner lots may deviate from this requirement if strict application would prevent any reasonable use of said lot. Burden shall be on the applicant to justify such deviations.
7.
Density and coverage in multi-use situations. On any lot on which more than one (1) type of use is allowed, either as a matter of right or as a special use permit, the amount of land needed to meet the area or coverage requirements for one (1) use may not be used to meet the requirements of any other use. Where the ordinance may be interpreted in more than one (1) manner, that interpretation shall be used which results in the least intensive use of the land and the most open space.
8.
Any land taken by eminent domain, or conveyed for a 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 Ordinance.