§ 5.114 NONCONFORMING LOTS.
   (A)   Subject to the requirements of division (B) of this section, if a lot in any zone district in which single-family dwellings are permitted does not satisfy the requirements stated in this chapter for a conforming lot in that zone district, a single-family dwelling and accessory buildings may be erected on any lot of record that existed on the effective date of adoption or amendment of this chapter, subject to the following conditions:
      (1)   Height of the dwelling shall not exceed two and one-half stories or 25 feet, whichever is less. The height will be measured as provided in this chapter regarding the definition of BUILDING, HEIGHT OF.
      (2)   Side yards may be reduced by the same percentage that the area of the lot bears to its own district requirements, subject to the following conditions:
         (a)   The side yard in no instance shall be less than five feet.
         (b)   In no case shall the side yard setback on the side street of a corner lot be reduced from that required by the zoning district.
         (c)   In no case shall any required setback in any yard abutting Reeds Lake, Fisk Lake or the Reeds Lake/Fisk Lake channel be reduced.
(Ord. effective 10-2-2015)
   (B)   If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements stated in this chapter for lot width or area for conforming lots in the zone district in which the lots are located, then all of the following conditions apply, unless a variance is granted by the Zoning Board of Appeals:
      (1)   The land involved shall be considered to be an undivided parcel for zoning purposes.
      (2)   No portion of the parcel which does not meet the lot width and area requirements stated in this chapter for a conforming lot in the zone district in which the land is located shall be separately used or occupied.
      (3)   No division of the parcel shall be made which leaves remaining any lot width or area below the requirements stated in this chapter for a conforming lot in the zone district in which the parcel is located, unless a lot is divided and legally combined with an adjacent lot or lots in accordance with the provisions of the Subdivision Control Ordinance.
(Ord. effective 11-29-2013)