§ 154.289 REGULATION OF NON-CONFORMING LOTS.
   A non-conforming lot shall be permitted to continue and shall be regulated as follows.
   (A)   (1)   A non-conforming lot shall not be further subdivided or consolidated, in whole or in part, with another parcel, in a manner which increases its non-conformity. It may, however, be altered so as to decrease its non-conformity.
      (2)   However, the Commission may approve the subdivision of a lot which has two or more legally constructed principal structures into separate parcels for the purpose of the sale or transfer of the individual structures, if the Commission finds that the properties have been used in a separate and distinct manner with separate utilities and other facilities so that the resulting re-subdivision will not constitute a material change in use of the property.
   (B)   Notwithstanding any portion of the zoning regulations, a non-conforming lot may be used for construction of any otherwise lawfully permitted structure in a zone in which the lot is located. Such a non-conforming lot must be in separate ownership and not in contiguous frontage with other lots in the same ownership.
   (C)   If two or more lots with continuous frontage are in single ownership, and if any of the lots have less than 50 feet of street frontage, the land involved shall be considered to be an undivided parcel. No subdivision or consolidation in whole or in part with another lot shall be made of such parcels which reduce the parcel below the requirement for a permitted lot in a zone in which the parcel is located. However, the Commission may permit the sale or transfer of lots where each has a legally constructed principal structure.
(Ord. 06-2008, passed 6-16-2008, § 11.4; Ord. 05-2011, passed 2-7-2011)