(a)

Definition. For purposes of this ordinance, a substandard lot of record is a lot which does not satisfy one or more of the minimum dimensional requirements prescribed in the table of dimensional regulations in section 6.4 of this ordinance, but which was shown on a plat or deed recorded prior to August 2, 1965, or on an approved plat recorded after August 2, 1965, or has been otherwise legally created, and which has not been altered so as to become more nonconforming since its creation and which has not at any time since its creation, been legally combined prior to January 1, 2024.

(b)

Residential lots. A vacant substandard lot of record in an R-80, R-40, R-20, R-10, or R-10A zone may be used for a single-family dwelling without the grant of a special use permit from the zoning board of review provided that:

(1)

The front yard, rear yard and side yard dimensions and the building coverage percentages comply with the modified dimensional standards for legal substandard lots of record set forth in section 6.5 of this ordinance.

(2)

The limitations for maximum coverage of structures, paving and other impervious surfaces as presented in section 4.5., "high water table limitations district," may be modified to comply with the requirements established by the formula in section 6.5A(b) of this ordinance.

(3)

The proposed use complies with all other applicable provisions of this ordinance.

A residential substandard lot of record in an R-80, R-40, R-20, R-10, or R-10A zone which does not comply with the above requirements may be used for a single-family dwelling if the zoning enforcement officer grants a modification or, a variance is granted via application and approval as specified in section 11 of this ordinance a special use permit.

(c)

Commercial and industrial lots. A substandard lot of record in a B or I zone which is not adjacent to other land in the same ownership may be used for an otherwise permissible use if the zoning board of review grants a special use permit.

(d)

Merger of lots under the same ownership. Where land adjacent to a substandard lot is owned by the owner of said substandard lot, the exemption of subsection 8.1(b) hereinabove shall not apply, and said substandard 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 section 6 of this ordinance for the applicable district, without retaining a substandard lot. 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.

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 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

In the event that adjacent substandard lots of record have structures located thereon, which said structures are related to a principal use located on one or more of such lots, then all lots related to said use that have structures located thereon shall be deemed combined.

(e)

Standards for merger of substandard lots on a district-by-district basis. The Town of Narragansett is primarily a residential community with approximately 83 percent 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 overtaxed in many neighborhoods, and the need for preserving what little open space is yet available is evident. Accordingly, the merger provisions of this section shall apply in every district within the Town of Narragansett herein designated. The following districts shall be applicable for merger:

(1)

The North End merger district is defined as all lands in the Town of Narragansett extending from the Narragansett/North Kingstown town boundary southerly to The Narrows area of the Narrow River including all of tax assessor's plats N-A, N-B, N-C, N-D, N-E, N-F, N-G, N-H, N-I, N-J, N-K, N-L, N-N, N-M, N-O, N-P, N-Q, N-R, and N-S.

The North End merger district is generally characterized by a very dense land use pattern and R-80, R-40, R-20 and R-10 residential zoning districts. Full build-out of this area would result in development beyond the district's environmental carrying capacity. Merger of substandard lots in this area is required, however, the transfer of development rights (TDR) from more sensitive to less sensitive lands may allow for the discontinuance of merger provisions on a case by case basis pursuant to section 4.10 of this ordinance (when adopted).

(2)

The Pier merger district is defined as those lands in the Town of Narragansett located south of The Narrows area of Narrow River bordered on the west by Narrow River, the South Kingstown town line and Upper Point Judith Pond, on the east by Rhode Island Sound, and to the south by the southerly boundaries of tax assessor's plat Y, X, Z, and F. The Pier district includes all of tax assessor's plats A, B, B-2, C, D, E, F, H, O, P, Q, W, X, Y, and Z.

The Pier merger district is characterized by a dense land use pattern in an historically and architecturally sensitive neighborhood. It is composed primarily of R-40 and R-10 residential as well as general business zoning districts. In historic districts, significant Victorian "cottages" and resort architecture may occupy several platted lots, the development of which will result in permanent and irreparable harm to the historic and economic value of the neighborhood. Merger is appropriate in the Pier district to retain the character of the historic built environment.

(3)

The Harbour Island merger district is defined as all lands situated on Harbour Island, Ram and Beach Islands and bordered on all sides by the waters of Point Judith Pond. The district includes all of tax assessor's plat Y-1 and R-4.

The Harbour Island merger district is developed at high density and is characterized by R-20 and R-80 residential zoning districts. The sensitivity of the surrounding waterbody (Point Judith Pond) to sewage effluent from individual sewage disposal systems (ISDS) requires that adjacent lots under the same ownership be merged.

(4)

The South End merger district is defined as all lands in the Town of Narragansett extending from the northerly boundaries of tax assessor's plats Y-2, Z-1, and G, southerly to Point Judith, bordered on the east by the waters of Rhode Island Sound, on the south by the Point Judith Harbor of Refuge and on the west by the waters of Point Judith Pond. The South End district includes all of plats G, I-G, J, K, L, M, N, R, R-1, S, S-1, T, U, Y-2, Y-3, and Y-4.

The South End merger district is characterized by a discontinuous pattern of very high density plats separated by undeveloped open space. These areas are in R-80, R-40 and R-20 residential zoning districts. In many of these areas, wetlands and high water tables present severe constraints to sewage disposal, and protection of coastal and freshwater wetlands. As in the North End merger district, merger of lots is appropriate, however, transfer of development rights (TDR) from more sensitive lands to less sensitive developed neighborhoods may allow for discontinuance of merger on a case by case basis pursuant to section 4.10 of this ordinance (when adopted).

(5)

The Jerusalem merger district is defined as all land located in the seaside village of Jerusalem, bordered on the west by the town of South Kingstown, on the north and west by the waters of Point Judith Pond, and on the south by waters of Block Island Sound including all of tax assessor's plat I-J.

The Jerusalem merger district is typified by a dense development pattern, historically and scenically important dwellings, and high environmental sensitivity. The area is characterized by R-40, R-10 residential and waterfront business zoning districts. Merger is appropriate in the Jerusalem district to protect environmentally sensitive marshlands from development impacts and to protect the historic character of the area.

The above merger districts are combinations of zoning districts and for purposes of this ordinance shall be considered combined zoning use districts.

(f)

Applicable dimensional requirements. The following regulations regarding the creation, yard requirements, and merger of substandard lots shall apply:

(1)

No lot or parcel of land proposed for a use shall be divided in such a manner as to create a new lot with less than the required lot area, frontage or width for the district in which such lot or parcel is located.

(2)

No front, side or rear yard adjacent to any building which is required for the purpose of compliance with the provisions of this ordinance, shall again be used to establish a yard for any other building, structure or use.

(g)

Application statement required. 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 and has not at any time since becoming substandard shared a common boundary with another lot or parcel owned by the applicant.

(h)

Relief from this section. The zoning board of review may hear and grant relief from the merger provisions of this ordinance by granting a use variance pursuant to section 11 of this ordinance if not otherwise permitted in section 6.5.

(i)

Resubdivision of substandard lots of record. Notwithstanding the provisions of this section it shall be permissible to replat or resubdivide a series of contiguous merged and/or unmerged substandard lots of record without the grant of a use variance when all of the following conditions apply:

(1)

The resulting replat does not result in an increase in building lots or dwelling units as allowed under the provisions of this ordinance on the subject properties.

(2)

The configuration of the resultant lots provides a more evenly spaced development pattern that is consistent with the topographic and drainage characteristics of the land, and is in harmony with the surrounding development density.

(3)

The positions of the new lot lines provide for building envelops that meet the minimum dimensional requirements of section 6.5 of this ordinance or do not increase existing nonconformities where compliance is not possible.

(4)

Any dimensionally conforming lots which may be included in the replat shall not be reduced in size so as to become nonconforming.

(5)

The replat is duly approved by the planning board or administrative officer pursuant to the applicable provisions of the Narragansett Subdivision and Land Development Regulations, and the Narragansett Comprehensive Plan.

(Ch. 811(1), § 1(8.1), 3-4-2002; Ch. 1117, § 11, 12-18-2023)