In any District in which single-family Dwellings are permitted, a single-family Dwelling, expansion of a single-family Dwelling up to 50% of the area of such Dwelling, and Accessory Buildings may be erected on any single Lot of record as of July 25, 1979, notwithstanding limitations imposed by other provisions of this Ordinance if such Lot was the result of an approved Subdivision under prior Ordinance or law. This provision shall apply even though such Lot fails to meet the requirements for Lot Area or Lot Width, or both, that are generally applicable in the District provided that Buildable Area dimensions and requirements other than those applying to area or width, or both, of the Lot and Driveway dimensions shall conform to the regulations for the District in which such Lot is located. A single, nonconforming Lot which has no Frontage on a Public Road or Street, may obtain a Zoning Permit and a Building Permit for a Single Family Dwelling and Accessory Buildings if all of the following conditions are met:
A. The Lot must have been solely and separately described in an instrument of conveyance recorded on or before July 25, 1979;
B. By title examination, it must be shown that the title to the Lot has an exclusive appurtenant Easement, not less than 66.0 feet in width, connecting the Lot to a Public Road;
C. The appurtenant Easement shall provide access to only one Lot; and,
D. The owner shall maintain a serviceable Driveway within the Easement area, consisting of an elevated and well-drained road top, not less 12.0 feet wide, constructed of Class V aggregate (and preferably finished with bituminous surface). The Building Inspector shall withhold issuance of a Certificate of Occupancy until the Driveway has been constructed to these standards.
Variances from requirements of this Chapter other than Lot Area or Lot Width shall be obtained only through action of the Board of Adjustments and Appeals as provided in §§ 7A-540 through 7A-549.
[§ 7A-430, amended by Ord. No. 89-1, effective July 21, 1989, Ord. No. 89-10, effective November 3, 1989, Ord. No. 89-15, effective December 29, 1989, Ord. No. 91-2, effective June 12, 1992, Ord. No. 98-6, effective September 24, 1998, Ord. No. 99-8, effective December 3, 1999, and Ord. No. 02-01, effective May 17, 2002.] [*Clerk’s note: Ord. No. 900 was effective July 25, 1979.] [§ 7A-430, amended by Ord. No. 04-04A, effective June 3, 2004.]