A lot of record that does not comply on the effective date of this Planning and Zoning Code, or any amendment thereto, with the lot area or lot width regulations of the district in which the lot is located may be used as follows:
(a) Existing Dwelling on a Residential Lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with the land coverage, floor area, height, building setback requirements and all regulations of this Planning and Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(b) Vacant Single Nonconforming Lot of Record. A vacant nonconforming lot that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a single-family dwelling provided that the dwelling and its accessory uses comply with the land coverage, floor area, height, building setback requirements and all regulations of this Planning and Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(c) Lots in Combination. If a vacant nonconforming lot adjoins one or more lots in common ownership on the effective date of this Code or applicable amendment thereto, such lot shall be replatted to create conforming lots as a prerequisite for development.
(d) Variance from Compliance with Code. In reviewing a variance request for a proposed single-family dwelling or changes to an existing single-family dwelling on a nonconforming lot that do not comply with all regulations of this Planning and Zoning Code, the Board of Zoning Appeals shall consider whether the bulk and height of the proposed structure or alteration is substantially in excess of the current zoning requirements for the dwelling, and if such change will increase the nonconforming condition(s) of the lot.
(Ord. 3070. Passed 7-18-01.)