[Amended 6-9-2003 by Ord. No. 2002-21]
[Amended 6-9-2008 by Ord. No. 2008-9; 7-13-2020 by Ord. No. 2019-23]
A.
Except as required in § 340-63, a lot or group of contiguous lots having dimensions and/or area of lesser amounts than required in § 340-9 for the district in which such lot is located may be considered as coming within the minimum lot requirements of § 340-9, provided that:
(1)
Proof that such lot or group of contiguous lots was shown on a recorded
plat or on a recorded deed prior to December 14, 1994; and
(2)
A title report showing that any and all lots which at any point in time since December 14, 1994 were or are immediately adjacent to or abutting such lot or group of contiguous lots were never subject to § 340-63; and
(3)
A Schedule 1 Survey defining the dimensions of such lot or group
of contiguous lots; and
(4)
Any building on a prior recorded lot must connect to public water
and/or sewer systems, except in an R-40 Zone.
B.
Such lots are referred to as prior recorded lots.
[Amended 6-9-2008 by Ord. No. 2008-9]
A.
It is the intent of this chapter to require merger of contiguous
unimproved or improved substandard lots of record in the same ownership
in order to create dimensionally conforming lots.
B.
If two or more contiguous lots are under common ownership at any time after December 14, 1994, and one or more of these lots fails to meet the requirements of § 340-9 with regard to minimum lot area or minimum lot width, or lot building coverage, or minimum setbacks as required by the applicable sections of this chapter, or the off-street parking requirements of this chapter, such lots shall be considered to be an individual lot of land for the purpose of this chapter. Contiguous lots or parcels shall share common and abutting boundary lines and not be separated by a street or other property. Contiguous parcels under separate ownership shall be considered to make up a single lot if application is made by all owners of such parcels. No single lot shall be used in violation of the requirements of § 340-9 with regard to minimum lot area or minimum lot width, except as provided in this chapter.
[Amended 6-9-2008 by Ord. No. 2008-9]
Lawfully established lots which have less than the minimum area
requirements may be maintained and may be changed by adding additional
land to such lots without prejudice to the rights of the owner of
such lots pursuant to the provisions of this chapter and in accordance
with the land development and subdivision review regulations of the
Town of Johnston.
[1]
Editor's Note: Former § 340-65, Continuous lots
under same ownership in residential zones and PD Overlay Zone, was
repealed 6-9-2008 by Ord. No. 2008-9.
[1]
Editor's Note: Former § 340-66, Creation of contiguous
lots of record resulting from death of owner, was repealed 6-9-2008
by Ord. No. 2008-9.
A.
Subdivisions and land development projects.
(1)
A subdivision and/or land development project plan
which has received the following approvals shall be vested for a period
of five years from the date of approval and therefore protected from
amendment or reenactment of this chapter.
(2)
The plan must be recorded and construction on the
subdivision and/or land development project improvements must begin
within the first year of approval and all lots must be built upon
within 10 years. Relief from the "all lots" construction provision
of this subsection may be granted by the Zoning Board of Review provided
evidence is furnished exhibiting that a substantial number of the
lots have been "built upon" within the required time frame.
B.
Building permit. Any building permit for a nonconforming
use, which was legally issued prior to the enactment or subsequent
amendment of this chapter, will expire if not activated within one
year plus a one-time, six-month Zoning Board of Review approved extension
from the date of such issuance.
C.
Termination of vesting. Upon termination of the vested
period, any abutting nonconforming lots in common ownership shall
be merged to conform with current zoning requirements unless relief
has been granted by the Zoning Board of Review prior to the expiration
of the vesting period.
