(A) A nonconforming lot is a lot which was legally subdivided and recorded in the county land records prior to adoption, or amendment, of this chapter and which after adoption or amendment of this chapter does not comply with the dimensional requirements of this chapter.
(B) In any district where permitted a single-family dwelling and customary accessory buildings may be erected in any nonconforming lot and in any commercial or industrial district a principal permitted use and customary accessory buildings may be erected on any nonconforming lot, provided all of the following conditions are met in both cases.
(1) The lot is located in a district in which the proposed use is permitted.
(2) This provision shall apply even though such lot fails to meet the requirements for street frontage, area, or width that are applicable in the district. The yard dimensions of the lot shall conform to the regulations for the district in which such lot is located.
(3) If said lot lacks street frontage, it must be proven that said lot has an unrestricted right of access.
(C) Any lot reduced in area or yard setback to a nonconforming lot by reason of a re-alignment or dedication of any existing federal, state or county highway or by reason of a condemnation proceeding is a nonconforming lot of record and any lawful structure on the lot before such reduction in lot size is a nonconforming structure and may continue. However, this provision does not apply to the creation of new streets, roads or courts in a proposed subdivision.
(D) A nonconforming lot due to lack of road frontage may be subdivided providing the new lot has road frontage that conforms with § 1-19-4.520 and the remainder has an unrestricted right of access and does not have less road frontage than before subdivision.
(Ord. 77-1-78, § 40-42(A), 1-24-1977; Ord. 77-10-77, 8-22-1977; Ord. 79-19-145, 8-7-1979; Ord. 80-31-183, 10-7-1980; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)