(a) General prohibition against use of multiple lots to serve principal use. On and after September 25, 2003, multiple lots under the same ownership may not be used for the purpose of serving a principal use or be merged for the purpose of serving a principal use unless the requirements of this section are met. Contiguous lots under the same ownership may be used for the purpose of serving a principal use without being merged if the principal use is a religious facility with less than 300 onsite parking spaces that abuts and has direct access to a collector or higher classification road.
(b) Merger by operation of law. Contiguous lots under the same ownership that are separated by a boundary line upon or across which a principal use is located on or after September 25, 2003, merge by operation of law on that date, and the Office of Planning and Zoning thereafter shall require the owner of the merged lots to execute and record a lot merger agreement as a condition precedent to receiving a permit for demolition, development, grading, or construction activity.
(c) Merger by agreement. Contiguous lots shall be merged by the owner of the lots for the purpose of serving a principal use, and the owner shall execute and record a lot merger agreement as a condition precedent to receiving a permit that requires use of the lots in service of a principal use.
(d) Unmerger. Some or all of lots merged under subsections (b) or (c), or under a lot consolidation agreement executed and recorded before September 25, 2003, may be unmerged if:
(1) the lots no longer are used in service of a principal use;
(2) the lots comply with the minimum area and dimensional requirements of the zoning district in which the lots are located in effect at the time of the unmerger;
(3) all or part of any lots in the critical area were part of a subdivision approved on or after August 22, 1988; and
(4) the owner executes and records in the land records of the County at the owner's expense an instrument unmerging the lots in the form required by the Office of Planning and Zoning.
(e) Accessory uses or structures. Subsection (d)(1) shall not be construed to prohibit the Office of Planning and Zoning from allowing an accessory use or structure to remain on a lot even if that use or structure would become unlawful after the unmerger if:
(1) necessary to avoid an unnecessary hardship, such as the removal of a proposed shared garage or joint use pier;
(2) the accessory structure is approved pursuant to § 18-2-204(c)(3) and the construction of a principal use on the lot does not require removal of the existing accessory structure to meet the requirements of this article without the need for a variance; and
(3) the conditions for allowing the use or structure to remain are specified in the instrument described in subsection (d)(4).
(Bill No. 4-05; Bill No. 64-17; Bill No. 67-18)