(a) Dwelling On Any Lot of Record.
(1) In any district in which dwellings are permitted, a one-family detached dwelling may be erected, enlarged or added to on any lot of official record at the effective date of this Zoning Ordinance, irrespective of its area or width, except as provided for in subsection (a)(2) hereof.
(2) If two or more lots, or combination of lots, or lots with continuous frontage in single ownership were of record at the effective date of this Ordinance and if all or part of the lots do not meet the requirement for lot width and area as established by this Ordinance, the land involved shall be considered an undivided parcel for purposes of this Ordinance and no portion of such parcel shall be used or sold which does not meet lot width and area requirements established by this Ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this Ordinance; provided, however, that a portion of such parcel may be sold to the owner of property abutting such parcel for the purpose of enlarging the property of the abutting owner. In such event, the portion of the parcel being sold to the abutting owner need not meet the lot width and area requirements established by this Ordinance but the portion of the parcel being retained must meet the minimum lot width and area requirements established herein.
(b) Yard Reduction by Zoning Inspector.
(1) Where there were substandard lots of record at the time of effectiveness of this Ordinance in districts permitting residences, the depth of the required rear yard and/or the minimum side yard width may be reduced by up to four inches for each foot by which the lot at the effective date of this Ordinance was less than 100 feet deep and/or less than fifty feet in width where this is necessary to provide the minimum site for one single car garage on the site, twelve feet wide by twenty-two feet deep.
(2) Where construction or enlargement of, or addition to, a one-family detached dwelling is to be undertaken on a lot that is substandard by virtue of lot area and/or lot width under the terms of subsection (a) hereof, and the application of the yard requirements of the district within which it is located results in a space available for construction that is less than the minimum ground floor area required for a two-story dwelling (see Section 1121.06
(n)) and/or a space available for construction of the residence that is less than twenty feet in width, the depth of the required rear yard and/or the minimum width of each side yard may be reduced by up to four inches for each foot by which the lot at the effective date of this Ordinance was less than 100 feet deep and/or less than fifty feet in width, in any combination of such reductions of side and rear yards, to the point where the minimum ground floor area and the minimum construction width of twenty feet has been attained but not exceeded.
(3) Side yards, where reduced under subsection (b)(2) hereof, shall be reduced uniformly at both sides. Side yards shall only be reduced, under both subsections (b)(1) and (b)(2) hereof, when rear yard reduction, within the limits specified herein, cannot result in the required minimum residential ground floor building area, or the minimum twenty-foot residential construction width. Under no condition shall a side yard provided for under the terms of this section, for either a residence or a garage, be less than three feet in width, or less than five feet in the case of a side yard along a side street lot line, and provided further that no rear yard shall be less than ten feet.
(c) Relief by Board of Zoning Appeals.
(1) Where the full application of all of the reliefs provided for in subsections (a) and (b) hereof, still do not provide a minimum ground floor area and/or a minimum twenty-foot construction width, the Zoning Inspector shall so certify to the Board of Building and Zoning Appeals which will accept such certification as proof of a clear and certain hardship on the land warranting relief.
(2) Where the full application of all of the reliefs provided for in subsections (a) and (b) hereof, still do not provide the minimum site as specified for a single car garage, the permit for construction of the garage shall be denied. (Ord. 2012-30. Passed 7-24-12.)