A. Any conforming use or structure for a conforming use may be established or installed on a lot of record that is nonconforming with regard to lot frontage or lot width, provided the minimum lot area required for the use is met, and provided the use or structure meets all other requirements of this title.
B. Any use or structure for a use, either one of which requires more lot area than presently exists, is prohibited, except as provided in subsection C of this section.
C. In any zone in which single-family uses are permitted, a single-family use and accessory structures may be established on any lot of record, notwithstanding failure to meet the minimum lot area requirement of the zone in which the lot is located.
D. All existing conforming and nonconforming uses and structures located on a nonconforming lot will be treated as if such uses and structures were established on a conforming lot. However, no use or structure for a use, either one of which requires more lot area than presently exists and the structure of which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of seventy five percent (75%) or more of the assessed value of the structure, shall be restored, except in compliance with the provisions of this title.
E. If two (2) or more abutting lots (or portions thereof), one or more of which are nonconforming, become in single ownership, the land involved shall be deemed a single parcel for the purposes of this article, and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot frontage, width and area requirements, except as allowed in subsection F of this section by special exception.
F. In cases where two (2) or more abutting lots of record have become in single ownership and are deemed a single parcel as set forth in subsection E of this section, the board of adjustment may grant a special exception to reestablish a lot of record previously combined with an adjacent lot in order to allow a single-family dwelling and accessory buildings to be installed on said lot, notwithstanding a failure to meet the requirements of the zone for lot area or lot width, provided the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with surrounding residential development;
2. The dwelling must be located on a lot of record that is at least forty feet (40') in width; and
3. The request meets all other standards and requirements of this title, including setback and frontage requirements. (Ord. 05-4186, 12-15-2005)