(A) Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of § 152.035 of this chapter may be allowed as building sites without variances from lot size requirements; provided, the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, the lot was created compliant with official controls in effect at the time and sewage treatment and setback requirements of this chapter are met.
(B) A variance from setback requirements must be obtained before any use, sewage treatment system or building permit is issued for a lot. In evaluating the variance, the Planning Commission or City Council shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
(C) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 152.035 of this chapter, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of § 152.035 of this chapter as much as possible.
(2004 Code, § 152.056) (Ord. 92-56, passed 4-14-1992)