ARTICLE VII. - SUBSTANDARD LOTS OF RECORD

Section 1. - Substandard original lots.#

a.

Any lot or parcel of land with frontage on a street but having a lot width or area of lesser amounts than required in article V may be used for any purpose permitted in the zoning district in which it is located, provided such lot or parcel of land was shown on a recorded plat or recorded deed in the office of the town clerk on the effective date of this ordinance, or any prior ordinance or amendment rendering it substandard.

(Ord. No. 2026-0007, 5-11-26)

Section 2. - Merger of lots under single ownership.#

a.

Notwithstanding the provisions of section 1 above, where two or more unimproved substandard contiguous lots are under single ownership on the effective date of this ordinance, such lots shall be considered to be an undivided parcel of land for the purposes of this ordinance, and no single lot or portion thereof shall be used in violation of the lot width and area requirements of article V.

b.

However, any lot which is lawfully existing at the time of zoning map amendments dated February 10, 2025, and which is made nonconforming by virtue of said map amendment, shall become a lawful nonconforming lot of record and shall not be subject to the merger requirement of paragraph a, above.

c.

Notwithstanding the above, 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.

d.

An Applicant may petition the Zoning Board of Review, as an appeal of the Zoning Official's determination, to unwind a merger of substandard lots of record.

(Ord. of 6-4-01(5); Ord. of 11-30-23(12); Ord. No. 2025-0001, § 7, 2-24-25; Ord. No. 2026-0007, 5-11-26)

Section 3. - Standards for merger on a district-by-district basis.#

The merger provisions of section 2 shall apply to all areas within the Town of Tiverton. On a district-by-district basis, the following standards shall provide the basis for the merger requirement: a.

North Tiverton. The North Tiverton merger district is defined as follows:

North boundary: State line.

East boundary: Fish Road.

West boundary: Sakonnet Passage.

South boundary: Carey Lane and Souza Road.

Merger justification for this district includes the following: no public sewers and poor soil conditions for individual sewage disposal systems (ISDS); excessive drainage problems due to inadequate storm drains combined with high slopes along the Sakonnet Passage shoreline; existing high population density; road system which is presently over capacity; and the existence of many substandard lots of record. For the purposes of this ordinance, this merger district is a combined zoning district which consists primarily of R-30.

b.

Stone Bridge. The Stone Bridge merger district is defined as follows:

North boundary: Carey Lane and Souza Road.

East boundary: Fish Road.

West boundary: Sakonnet Passage south to Nanaquaket Bridge, east bank of Nanaquaket Pond south to Bulgurmarsh Road.

South boundary: Bulgurmarsh Road.

Merger justification for this district includes the following: predominantly an historic area with a large number of homes designated by the state historical preservation commission as qualifying for the National Register of Historic Places; scenic shoreline designated in comprehensive plan as essential for preservation of the town character; no public sewers and poor soil conditions for ISDS; excessive drainage problems due to inadequate storm drains combined with high slopes along the Sakonnet Passage shoreline; and a road system which is presently over capacity. For the purposes of this ordinance, this merger district is a combined zoning district which consists primarily of R-40 and R-120.

c.

Stafford Pond. The Stafford Pond merger district is defined as follows:

North boundary: State line.

East boundary: State line.

West boundary: Fish Road.

South boundary: Bulgurmarsh Road and Route 177.

Merger justification for this district includes the following: existence of a public drinking water supply (Stafford Pond) and threats to the quality of this supply due to overdevelopment and lack of adequate drainage systems; and the presence of a number of agricultural properties that should be preserved in accordance with the comprehensive plan. For the purposes of this ordinance, this merger district is a combined zoning district which consists primarily of R-120.

d.

Seapowet. The Seapowet merger district is defined as follows:

North boundary: Nanaquaket Bridge.

East boundary: Main Road.

West boundary: Sakonnet Passage shoreline, north around Nanaquaket point to Nanaquaket Bridge.

South boundary: Town line.

Merger justification for this district includes the following: the existence of several environmental and conservation sites which define the area and its ecology, to which increasing population density poses a threat and would be in conflict with the goals of the comprehensive plan to preserve these unique feature; the existence of a potential designated scenic roadway as described in the comprehensive plan; the existence of a public drinking water supply (Nonquit Pond) serving the City of Newport; and no public sewers, water system or fire mains. The conservation areas within this district include Nanaquaket Pond, Emilie Reucker Wildlife Preserve, Gould Island, Seapowet Marsh, Seapowet Wildlife Management Area beach and dunes, Fogland barrier beach and estuaries and Fogland Marsh. For the purposes of this ordinance, this merger district is a combined zoning district which consists primarily of R-120.

e.

Stone Church. The Stone Church merger district is defined as follows:

North boundary: Bulgurmarsh Road and Route 177.

East boundary: State line.

West boundary: Main Road.

South boundary: Town line.

Merger justification for this district includes the following: predominantly an agricultural area that should be preserved in accordance with the comprehensive plan; the existence of a large portion of the Nonquit Pond public drinking water supply; no public sewers and a preponderance of wetlands, ledge and/or poor soils for ISDS; and no public water system or fire mains; and no public schools. For the purposes of this ordinance, this merger district is a combined zoning district which consists primarily of R-120.

(Ord. of 6-4-01(5); Ord. No. 2024-0009, 6-24-24)

Section 4. - Applicable dimensional requirements.#

a.

No parcel, tract or lots of land contiguous to each other and under single ownership shall be subdivided in a manner where the lot width or area shall be below the dimensional requirements of article V of this ordinance.

b.

Where a substandard lot of record exists, the following dimensional regulations shall apply and the substandard lot shall not be required to seek dimensional relief for minimum building setbacks, lot frontage, lot width, and lot coverage:

1.

Minimum building setbacks, lot frontage, and lot width requirements for a lot that is nonconforming in area shall be reduced to require the greater of either:

i.

In residential zones only, the minimum building setbacks, lot frontage, and lot width requirements of the zoning district closest in size in which the lot area is sufficient; or

ii.

Building setbacks, lot frontage, and lot width requirements reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets forty percent (40%) of the minimum lot area required in the district in which it is located, the setbacks, lot frontage, and lot width shall each be reduced to forty percent (40%) of the requirements for those dimensional standards in the same district;

iii.

In no case shall the reduced building setbacks create a setback that is less than the average setback of adjacent properties within a two hundred (200) foot radius.

2.

Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot building coverage in that district.

3.

The maximum building height of a residential structure on a legal substandard lot that is less than ten thousand (10,000) square feet in area shall not exceed twenty-five (25) feet.

4.

The necessary computations and determination of the building setbacks, lot frontage, lot width requirements and lot coverage for legal substandard lot shall be made by the applicant or their representative and confirmed by the town zoning official.

5.

All proposals exceeding such reduced requirement shall proceed with a modification request under G.L. § 45-24-46 or a dimensional variance request under G.L. § 45-24-41, whichever is applicable.

c.

Where a lot of record is substandard in area and is proposed to be increased by the adjustment of boundaries with an adjoining lot or lots (as a subdivision under the provisions of the land development and subdivision regulations) but remains non-conforming in area, the applicant shall be relieved of the need to request a dimensional variance under article XVII, provided, however there is no increase in the degree of nonconformity or in the intensity of use as a result of the subdivision.

(Ord. of 6-4-01(5); Ord. of 5-23-05; Ord. of 11-30-23(12); Ord. No. 2026-0007, 5-11-26)

Section 5. - Reserved.#

Editor's note— Ord. No. 2026-0007, adopted May 11, 2026, deleted § 5, which pertained to special use permit.