A nonconforming lot is a lot of record existing at the effective date of this Zoning Code that does not meet the minimum area or lot dimensional requirements of the district in which the lot is located. The following regulations shall apply to any nonconforming lot:
(a) Use of Nonconforming Lot. Any nonconforming lot shall be used only for a use permitted in the district in which it is located.
(b) Single-Family Dwellings. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-family dwelling and customary accessory buildings may be erected on a single lot of record existing at the effective date of adoption of this Zoning Code or an amendment hereto. This provision shall apply even though such single-family lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that:
(1) The lot is in conformance with all other applicable yard and lot requirements for the district in which it is located.
(2) The lot cannot be reasonably developed for a single-family dwelling without such deviations.
(3) The lot can be developed as proposed without any significant adverse impact on surrounding properties or the public health and safety.
(c) Variation From Area or Bulk Requirements. If the use of a nonconforming lot requires a variation from the bulk or setback requirements, then such use shall be permitted only if a variance is granted by the Board of Zoning Appeals.
(d) Contiguous Lots Under Common Ownership. When two or more contiguous lots are under common ownership and at least one of the lots is nonconforming at the time of adoption or subsequent to adoption of this provision, then the nonconforming lot or lots shall be considered to be combined with one or more of the other contiguous lots as necessary to eliminate, or reduce, the nonconformity. The combined lots shall be considered a single lot for purposes of compliance with the remaining provisions of this section, including for purposes of compliance with the lot area and lot width requirements. The combined lots shall not be used, occupied or sold in such a way as to diminish compliance with the provisions of this ordinance. The combined lots shall not be divided except in full compliance with the requirements of the subdivision regulations of Chapter 1255 herein and with the Michigan Land Division Act. This provision shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling existing at the time of adoption of this paragraph. The Zoning Board of Appeals shall not grant a variance to the requirements of this provision.
(Ord. 97-45. Passed 3-17-97. Ord. 2004-02. Passed 1-12-04.)