A. If two (2) or more contiguous lots of record (or combination of lots of record or portions of lots of record) are in single ownership or unified control on December 12, 1978, and if all or part of the lots do not meet the requirements for width or area as established by this zoning title, the lots shall be considered an undivided parcel for the purpose of this zoning title. No portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this zoning title, nor shall any division of the parcel be made which leaves remaining any lot or lots with width or area below the requirements stated herein.
B. Any lot or parcel of land which is not subject to the restrictions set forth in subsection A of this section (i.e., any lot not part of 2 or more contiguous lots of record or combination of lots of record or portions of lots of record which are in single ownership or unified control on December 12, 1978), which was of record on said date or on the date of annexation thereof, and which does not meet the requirements for minimum lot width and area may be utilized for a permitted use, but except as provided in subsection C of this section, shall meet the other requirements of this zoning title.
C. If the area of such a nonconforming lot of record, which is not subject to the restrictions set forth in said subsection A of this section, is less than forty thousand (40,000) square feet, the yards, setbacks and lot width of said lot may be not less than seventy five percent (75%) of the minimum yards, setbacks and lot width otherwise required by this zoning title.
D. Any use of any nonconforming lot or parcel shall, in any event, meet the requirements of the health and sanitation title of this code and the requirements of all other ordinances, rules and regulations.
E. Nothing herein shall prevent the conveyance of any parcel or any portion of any parcel to an adjoining owner, if after said conveyance, the portion of said parcel not so conveyed (in the event of a conveyance of a portion of a parcel) meets width and area requirements of this zoning title.
F. For the purpose of this section, single ownership or unified control of separate lots of record includes ownership by a spouse or child or by land trust of which there is a common beneficial owner, or a land trust as to which a child or spouse is a beneficial owner.
G. The provisions of this section shall not be applicable to the required minimum lot area for a school, as provided by section 5-3-1 of this title. (Ord. 06-823, 4-11-2006)