A.
A substandard original lot having frontage on a street may be used for any purpose permitted in its zoning district, if such lot was shown on a recorded deed or plat entered into the records of land evidence in the office of the Town Clerk on the effective date of this chapter, or any prior ordinance or amendment rendering it substandard. However, where such substandard original lot has one or more common boundaries with another lot owned by the same owner or their or its affiliate as defined herein, such lots shall be combined in accordance with the provisions of § 185-26. For the purposes of this article, an "affiliate" means, with respect to a specific owner, any of the following:
(1)
Such owner's spouse or parents, children, grandparents,
grandchildren or siblings (blood or adoptive);
(2)
A trustee of a trust for the benefit of such owner,
or of any person identified in the immediately preceding clause;
(3)
A corporation, partnership, firm, business or entity
of which the majority of the voting interest is owned by such owner,
or any person identified in either clause above; or
(4)
A person who is an officer, director, stockholder
(15% or more), trustee, employee or partner of any entity or person
referred to in any of the clauses above.
B.
Any application for a zoning permit on a substandard
original lot will be accompanied by a sworn statement by the applicant
that after diligent inquiry of the facts, such lot has no common boundary
with another lot owned by the applicant or their affiliate.
A.
Where land adjacent to a substandard original lot is owned by the owner of said substandard original lot or their or its affiliate, the exemption of § 185-25 shall not apply, and said substandard original lot shall be combined with said adjacent land to establish a lot or parcel having at least the required minimum dimensions and area set forth in Article VI[1] for the applicable district. If all such adjacent land
so combined is not sufficient to permit the enlargement of said lot
to conforming area and dimensions, then the largest lot or parcel
which the adjoining common ownership will permit shall be established.
By way of example, if all such adjacent land so combined is sufficient
to meet the applicable area and dimensional requirements for at least
one lot but not for two or more fully conforming lots, then all such
lots shall be combined to create a single lot only.
[1]
Editor's Note: The Dimensional Regulations
Table is now located at the end of this chapter.
B.
In the event that both the substandard original lot
and the adjacent lot, whether substandard or not, have structures
located thereon, the merger requirement of this section shall not
apply unless said structures are related to a principal use located
on one or more of such lots, in which case then all lots related to
said use that have structures located thereon shall be deemed combined.
C.
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 feet) of the subject lot, as
confirmed by the Zoning Enforcement Officer.
[Added 12-4-2023 by Ord. No. 2023-12]
The Town of Barrington is primarily a residential community with approximately 85% of the land area either already developed, or unable to be developed due to physical or legal constraints. The residential dwelling and traffic patterns, which were originally created for a less dense population, are already excessive in many areas of the Town, and the need for preserving the open space that is yet available is evident. In keeping the land use goals contained in the Comprehensive Plan, including that to preserve the essential character of the community, and to ensure that future development is compatible with adjoining land uses, the natural environment, community services and existing historic and cultural features, the merger provisions of § 185-26 hereof shall apply to all areas within the Town of Barrington. On a district-by-district basis, the following standards shall also apply:
A.
Hampden Meadows. The Hampden Meadows district is that
portion of the Town of Barrington to the east of the Barrington River
and Hundred Acre Cove. This is a heavily developed residential district
where development has resulted in costly expansions to both elementary
schools, Hampden Meadows and Sowams, and an increase in traffic on
the road systems, making them inadequate to service the dense populations
therein. Likewise, this district is in need of preserving what little
unprotected open space is left. It is also environmentally sensitive
in the portions adjacent to the Barrington River, Hundred Acre Cove
and the Palmer River. For the purposes of this chapter, this merger
district is a combined zoning district whose developed areas consist
primarily of R-25 and R-10 Districts.
B.
Primrose Hill. The Primrose Hill district is that
portion of the Town to the west of the Barrington River and east of
Washington Road, bounded by Lincoln Avenue on the south end and the
East Providence border on the north. This area is residential, with
the exception of some primary, secondary and higher educational institutions
which generate significant additional traffic, and some environmentally
sensitive land bordering on Barrington River and Hundred Acre Cove.
There is very little capacity for further development in this area.
Likewise, there are numerous substandard original lots which, without
the merger requirement, would result in a degradation of the character
of the neighborhood and an overloading of the public infrastructure
thereof. This merger district is a combined zoning district whose
developed areas consist primarily of R-25 and R-10 Districts.
C.
Bay Spring. The Bay Spring district of Town is bounded
on the north by the East Providence boundary, on the east by Washington
Road, on the south by Allins Cove, and on the west by the Providence
River. This is a heavily developed area with many small substandard
lots of record. To prevent the degradation of the neighborhood and
the overburdening of the public infrastructure, particularly the road
system, lot merger is particularly appropriate and important here.
This merger district is a combined zoning district whose developed
areas consist primarily of R-10, Neighborhood Business, Business and
Limited Manufacturing Districts.
D.
Nayatt Point/Rhode Island Country Club. This district
is bounded on the north by Allins Cove and Lincoln Avenue, on the
east by a line extending from Lincoln Avenue along Middle Highway
to Narragansett Bay, on the south by Narragansett Bay, and on the
west by the Providence River. This is a residential area defined by
many large lots and homes. Much of this area is waterfront, and to
preserve the character of the area it is necessary to apply the merger
provisions. This merger district is a combined zoning district whose
developed areas consist primarily of R-40, R-25 and R-10 Districts.
E.
Central/Business. This district is bounded on the
north by Lincoln Avenue, on the east by the Barrington River, on the
south by County Road and a line extending westerly from County Road
through Brickyard Pond to Middle Highway, and on the west by Middle
Highway. This area of Town includes the County Road central business
district, the mixed-use Maple Avenue area and a portion of Brickyard
Pond and Veterans Memorial Park. It also includes most of the developed
portion of the state-designated wellhead protection area for the Nayatt
Wellfield, as well as a large portion of the aquifer recharge area
which is the source of groundwater for the wells. Much of the district,
particularly the Maple Avenue area, is already heavily developed and
has many substandard lots which should be merged. Given the existing
burden on the public infrastructure in this area, particularly apparent
due to existing traffic problems, and the need to provide protection
for the Town's water supply, merger is appropriate for this district.
This merger district consists primarily of R-25, R-10 and Business
Districts.
F.
Rumstick/Adams Point. This district is bounded on
the north by a line extending westerly from County Road through Brickyard
Pond to Middle Highway, on the east by the Barrington River, on the
south by Narragansett Bay, and on the west by Middle Highway and a
line extending directly to the Bay from the southerly terminus of
Middle Highway. It includes the remaining portions of Brickyard Pond
and Veterans Memorial Park, including wetlands around Brickyard Pond,
as well as the Nayatt Wellfield, the remaining portion of the state-designated
wellhead protection area, the entire aquifer and the largest portion
of the aquifer recharge area. The residential areas of this district
include the Rumstick and Adams Point areas, which are substantially
developed with large homes. Failure to have lot merger in this district
would provide a threat to the public water supply system, and would
substantially depreciate the value of the residential property. This
merger district consists primarily of R-40, R-25 and R-10 Districts.
[Amended 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12]
Notwithstanding the failure of a single substandard
lot of record or contiguous lots of record to meet the dimensional
and/or quantitative requirements of this zoning ordinance, and/or
road frontage or other access requirements applicable to 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 or a dimensional variance request, whichever
is applicable.
A.
The measured frontage of a lot with noncontiguous
frontage shall be the longest continuous front lot line of the lot.
[Added 2-6-2012 by Ord. No. 2012-1]
A.
Purpose. The purpose of this section is to support the development
of low- and moderate-income housing by allowing an existing lot to
be divided into two lots, one of which has reduced area and width
requirements.
B.
Eligibility. In order to be eligible for this provision, a lot must
meet all of the following criteria as of the effective date of this
section:
C.
Substandard lot development criteria. The Planning Board may approve the subdivision of an existing lot meeting the eligibility requirements of § 185-28.1B into two new lots as follows, provided that the housing affordability requirements of § 185-28.1D are met:
(1)
The new lot containing the existing residential structure shall
have at least 100% of the minimum lot area and width required in the
zoning district.
(2)
The new lot not containing the existing residential structure
shall have at least 75% of the minimum lot area and width required
in the zoning district, and shall be used for a new single-family
residence.
(3)
Where the existing lot has at least 175% of the required area and width, but the location of the existing house or the physical characteristics of the lot preclude division of the lot in compliance with Subsections C(1) and (2) above, the Planning Board may approve a subdivision in which the new lot containing the existing house has less than the minimum lot area and width but no less than 80% of the required area and width.
(4)
The reductions in minimum lot area and width allowed by this
section increase the permitted residential density on the lot that
is to be divided. This density increase is intended to be a density
bonus that is provided as a municipal government subsidy as defined
in this chapter and in R.I.G.L. § 45-53-3.
(5)
The dimensional regulations pertaining to front, rear, and side yard setbacks, and building lot coverage found in § 185-17 shall apply to substandard lots of record legally created pursuant to this section in all applicable residential zones.
(6)
The above modified regulations for substandard lots shall not
be construed to impose more stringent dimensional requirements than
would otherwise be applicable in the zone in which the lot is located.
(7)
In reviewing the application, the Planning Board shall make
the determination that the relief requested will not materially or
detrimentally affect the character of the neighborhood in which the
proposed lot will be split.
D.
Housing affordability.
(1)
The new dwelling unit on the lot created with less than the area and width otherwise required in the zoning district shall be low- or moderate-income housing, as defined in § 185-5.
(2)
The required minimum term of affordability for the low- or moderate-income
unit shall be 30 years. If the unit is sold prior to the expiration
of the restriction, the term of affordability shall be renewed for
30 years.
(3)
Low- or moderate-income housing units created under this section
shall comply with the affordability requirements of this section.
E.
Time frame for completion.
(1)
A building permit for the affordable dwelling unit must be issued
within one year of the subdivision approval. In no case may either
lot created under the provisions of this section be sold in the absence
of a building permit for the affordable house. Failure to meet with
this provision will nullify the final plat approval.
[Amended 5-8-1995 by Ord. No. 95-5; 1-13-1997 by Ord. No. 96-14]
The Zoning Board of Review may hear and grant a special use permit from the requirements of the merger provisions of this article, as provided in § 185-73 of this chapter and subject to the prerequisites contained therein, and subject to the additional specific finding that the lots, as unmerged, will be of a size generally in conformance with the size of developed lots in the immediate vicinity. However, such relief shall not be subject to the one-year expiration from the date of granting by the Board, as required in § 185-66 of this chapter.
