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Warren City Zoning Code

ARTICLE XIV

SUBSTANDARD LOTS AND LOT REDUCTION

Sec. 32-81.- Use of substandard lots.

A substandard lot of record having frontage on a street may be used for any purpose permitted in the zoning district in which it is located, provided such lot was shown on a recorded deed or plat entered into the land evidence records in the office of the town clerk on the effective date of this ordinance, or any other ordinance or amendment rendering it substandard.

Sec. 32-82. - Merger of lots under the same ownership.

Notwithstanding the provisions of section 32-81 above, where adjacent land is in the same ownership, such lot shall be combined with adjacent land to form a lot of the required dimensions and area, or to decrease the degree of nonconformity where the required area and dimensions cannot be achieved. Substandard lots of record, in the R-10 and R-6 districts, which after being subject to the above requirements, deviate by more than twenty-five (25) percent in the minimum lot area, shall have two (2) side yards each having a setback of not less than ten (10) percent of the frontage of the lot, or six (6) feet, whichever is greater, provided that any side yard abutting on a street shall have a setback of not less than fifteen (15) feet.

The merger requirement shall apply to all adjacent land under the same ownership, whether improved or unimproved, except that where both the substandard original lot and the adjacent lot have structures located thereon, it shall apply only if said structures are related to a principal use located on one (1) or more of the lots. For purposes of this article, "under the same ownership" shall apply to a specific owner and to any of the following:

A.

Such owner's spouse or parents, children, grandparents, grandchildren or siblings, blood or adoptive;

B.

A trustee of a trust for the benefit of such owner, or for any person identified in the immediate preceding clause;

C.

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

D.

A person who is an officer, director, stockholder (fifteen (15) percent or more), trustee employee or partner of any entity or person referred to in any of the clauses above.

Sec. 32-83. - Standards for merger on a district by district basis.

In keeping with the land use policies contained in the comprehensive plan, including that to preserve the essential character and scale of the town; to insure that future development is compatible with adjoining land uses and environmentally and historically sensitive areas; to avoid additional congestion within the town's circulation system; and to avoid additional burden on the town's services including the public safety and school systems and its water supply and wastewater disposal systems, the merger provisions of section 32-82 of this ordinance shall apply to all zoning districts within the Town of Warren.

Sec. 32-84. - Reduction of lot size.

Neither the area nor the frontage of a lot may be reduced or diminished so that the yards or total lot area shall be less than the minimum requirements prescribed in this ordinance. No required yard or other area of one (1) lot shall be considered, as providing the minimum area or frontage required for any other lot. No zoning permit shall be issued to the owner of a lot, the area or frontage of which lot has been made to conform to the minimum requirements prescribed by this ordinance by virtue of having obtained sufficient area or frontage by rendering an adjacent lot substandard either with regard to the minimum area, yard or frontage requirements.

Sec. 32-85. - Special use permits required.

Relief from the merger requirements of this article may be granted by the zoning board of review as special use permit under the provisions of article V of this ordinance. Any substandard lot of record in a residence district which cannot be merged under the provisions of section 32-82 of this ordinance, shall be used only for a single family dwelling following the issuance of a special use permit by the board.