A nonconforming lot of record may be used in accordance with this section.
(a) Existing Lots of Record.
(1) Any lot of record 60 feet or less, existing on the effective date of this Code in any R-2 or R-3 District, may be used for the erection of a single-family dwelling even though its area and width are less than the minimum requirements set forth in this Code. Each side yard shall be a minimum of five feet.
(2) Any lot of record 85 feet or less, existing on the effective date of this Code in any R-1 District, may be used for the erection of a single-family dwelling even though its area and width are less than the minimum requirements set forth in this Code. Each side yard shall be a minimum of eight feet.
(3) BZBA approval shall not be required when the provisions above apply.
(b) Adjacent Existing Lots of Record.
(1) Where two adjacent lots of record held by one owner do not meet the minimum yard requirements of the zoning districts in which they are located, the BZBA may require that the lots be combined and used for one main building.
(2) The prevailing setback requirement shall be met.
(3) Where three or more contiguous, unimproved lots of record, with less than the required area and width, are held by one owner, the BZBA may require the re-platting to fewer lots to permit compliance with the minimum yard requirements.
(c) Nonconforming Lots of Record in Residential Districts.
(1) If an existing lot of record in a residential district is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that:
A. The building shall not be enlarged in floor area unless the enlarged section complies with all regulations of this Code, with the exception of the lot area and the lot width regulations.
B. The number of dwelling units shall not be increased unless in conformance with this Code.
(2) In any residential district, a single-family dwelling and its customary accessory uses may be erected on a vacant single lot of record after the effective date of this Code provided the buildings comply with the following:
A. The width of the side yard of any such lot need not exceed 10% of the width of the lot, provided, however, that there shall be a minimum side yard setback of five feet.
B. The rear yard setback of any such lot need not exceed 20% of the depth of the lot, provided, however, that the minimum rear yard setback shall be 10 feet.
C. Notwithstanding the above provision, any construction proposed on an existing lot of record that is a panhandle lot which results in a proposed dwelling unit being constructed behind an existing dwelling shall be reviewed by the BZBA. The BZBA shall review the placement of the building on the lot and may require screening to protect the privacy of the existing dwelling unit.
(d) Nonconforming Lots of Record in Nonresidential Districts. In any nonresidential district, a use that is permitted in the applicable district, and its customary accessory uses, may be erected on a vacant lot of record provided the buildings comply with the following:
(1) The width of the side yard of any such lot need not exceed 10% of the width of the lot, provided, however, that there shall be a minimum side yard setback of five feet.
(2) The rear yard setback of any such lot need not exceed 20% of the depth of the lot, provided, however, that the minimum rear yard setback shall be 10 feet.
(3) In no case shall a nonresidential use on a nonconforming lot of record be exempt from the provisions of Chapter 1177 Landscaping and Buffer Standards. (Ord. 7675. Passed 11-11-14.)