If two or more lots or combinations of lots and portions of lots with continuous frontage under common ownership were of record at the time of passage of this code, and if all of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this code, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this code, except in the following situations:
(A) One vacant, nonconforming lot of record, adjacent to and held in common ownership with a lot occupied by a permitted use, may be used for a permitted use, not withstanding limitations imposed by other provisions of this code, provided that the vacant lot is not more than 10% smaller in area or width than the average lot size of all developed lots within the block in which it is located. This provision is intended to apply to single nonconforming lots located on both sides of a developed lot (a maximum of three contiguous lots).
(B) Two vacant lots under the same ownership with continuous frontage which were of record at the time of passage of this code, and which, individually, do not meet the requirements established for lot width and area, may be used individually provided each lot is not less than 90% of the average width and area of the lots within the block.
(C) Any single lot or parcel of land that does not adjoin another lot held in common ownership, which was of record at the time of adoption of this code, that does not meet the requirements for minimum lot width and area may be utilized for a permitted use. With the approval of the Zoning Administrator, one or more of the bulk standards of the district may be reduced by an amount proportional to the lot's failure to comply with the minimum width or area requirements; provided however, that no bulk standard shall be reduced by more than 25%.
(Ord. O-05-04, passed 4-11-05)