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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:

All proposals exceeding such reduced requirement shall proceed with a modification request or a dimensional variance request, whichever is applicable.

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.

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:

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:

Housing affordability.

Time frame for completion.