Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division which does not fully comply with applicable lot, yard, accessibility, and area requirements of the village zoning ordinance or this chapter may be approved in any of the following circumstances:
(A) Where the applicant executes and records an affidavit or deed restriction with the County Register of Deeds, in a form acceptable to the village, designating the parcel as non-buildable, any such parcel shall also be designated as not buildable in the village records, and shall not thereafter be subject of a request to the Village Zoning Board of Appeals for variance relief the applicable lot and/or area requirements, and shall not be developed with any building or aboveground structure exceeding four feet in height;
(B) Where in circumstances not covered by division (A) above, the Zoning Board of Appeals has, previous to this chapter, granted a variance from the lot, yard, ratio, frontage, and/or area requirements with which the parcel failed to comply; and
(C) Where the proposed land division involves only minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this chapter, the village zoning ordinance, or the State Land Division Act.
(Ord. 2001-9, passed 10-24-2001)