(A) Substandard lot. No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located. In residence districts, a parcel of land made up of one or more lots of record at the time of the original adoption of this section on December 15, 1986, even though the parcel does not meet the requirements of this chapter as to area or required lot width, may be used for single-family purposes, provided:
(1) That the use conforms with all other regulations of the district in which it is located; and
(2) That since December 15, 1986, the legal or beneficial interest in the parcel has not been held by any person who, at the same time, held legal title or had a beneficial interest in, directly or indirectly, any parcel continuous thereto unless the separation of the parcels did not result in any parcel which is less than the minimum area or yard requirements established by this chapter.
(B) Intent. It is the intent of this § 157.083 that the exception provided by division (A) above shall not apply to any parcel which a became nonconforming lot within its zoning classification after December 15, 1986.
(C) Duties of Building Official; parties requesting relief. It shall be the duty of the Building Official to request supporting documentation and examine all submissions from a party requesting relief under this section. The Building Official shall also require the party requesting such relief to give notice to the persons to whom the current real estate tax bills are sent, if any, as shown on the record of the local real estate tax assessor of all lots lying within 250 feet of the property line of the lot for which the relief is sought, excluding public street rights-of-way. The notice shall be sent by certified mail, properly addressed as shown on the Tax Assessor’s rolls and with sufficient postage affixed thereon with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the Village Clerk showing the names and addresses of all notices the applicant has sent. The affidavit shall be conclusive presumption of giving of the notices. Such notice shall describe the relief being requested and shall state that anyone desiring to comment should submit their comments or documentation to the Building Official within 14 days of the date of the notice. Proof of such notice shall be submitted to the Building Official, and his or her determination of whether the petitioner is entitled to the relief requested shall not be made until a date at least 21 days after the mailing date of such notice.
(1981 Code, Art. IV, F) (Ord. passed 12- -1986; Am. Ord. 04-05, passed 3-15-2004; Am. Ord. 04-16, passed 5-17-2004)