The following regulations shall apply to any nonconforming lot of record or nonconforming lot described in a deed or land contract executed and delivered prior to the effective date of this subchapter, or amendment thereto.
(A) Use of nonconforming lots. Any nonconforming lot shall be used only for a use permitted in the district in which it is located. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of this subchapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that the lot is in conformity with all other applicable yard setback, minimum area and any other dimensional requirements which apply to the district in which the lot is located. See division (C) below.
(B) Variance requirements. If the proposed use of a nonconforming lot would not be in conformity with the minimum setback and other applicable dimensional requirements set forth in this chapter, then such proposed use shall be permitted only if a variance is granted by the Zoning Board of Appeals. See division (C) below.
(C) Development requirement. To develop a nonconforming lot(s) under the provisions of division (A) or (B) above, the applicant is required to submit evidence that ownership of the lot was not, at the time of adoption or amendment of this subchapter, under contiguous single ownership with other lots which could have been combined into a conforming, or more conforming, lot. For purposes of this subchapter, the term DEVELOP shall be defined to mean a change in use of, or location, modification, or construction of, any structure on such lot.
(D) Nonconforming contiguous lots under the same ownership. The following regulations shall apply to nonconforming contiguous lots under the same ownership.
(1) If two or more lots, or combinations of lots, with contiguous frontage are under single ownership and are of record at the time of adoption or amendment of this subchapter, and if all or part of the individual lots do not meet the requirements established for lot width or area, the parcels involved shall be considered to be an individual parcel for purposes of this subchapter. Any alteration of lot lines, or combinations of lots, shall result in lots which more closely conform to the requirements of this chapter.
(2) No portion of any such parcel shall be used, occupied or sold such that the same would diminish compliance with the minimum lot width and area requirements set forth in this chapter, nor shall any division of a parcel be made which creates a lot with width or area less than the minimum requirements set forth in this chapter.
(3) Once any combination which creates a conforming lot occurs, the resulting lot shall not retain nonconforming lot of record status, may not be redivided and will thereafter be required to comply with the lot requirements of this chapter.
(Ord. passed
6-18-1991
, § 3.6) Penalty, see § 154.999