§ 153.206 NONCONFORMING LOT IN RESIDENCE DISTRICT.
   (A)   In any residence district, notwithstanding regulations imposed by other provisions of this chapter, a single-family dwelling or an addition thereto and customary accessory buildings, all of which comply with subsection (B) below, may be constructed on a lot consisting entirely of a tract of land that:
      (1)   Has less than the prescribed minimum lot size;
      (2)   Is shown by a recorded or registered plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of the size at the same location would not have been prohibited by any zoning ordinance; and
      (3)   Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of the lot has been prohibited by the applicable zoning ordinance.
   (B)   Construction permitted by subsection (A) above shall comply with all regulations (except minimum lot area) that are generally applicable in the district in which the lot is located, subject only to variances, if any, as shall be obtained only through action of the Board of Appeals.
   (C)   If two or more lots of record or combinations of lots of record and portions of lots of record, with continuous frontage, are in single ownership at April 14, 1969 or at any time thereafter, and if all or part of the lots do not meet the requirements established for lot area in the residence district in which they are located, the lands involved shall be considered to be an undivided parcel for purposes of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot area requirements established for the district by this chapter, nor shall any division of any parcel be made which creates a lot with an area below the requirements stated in this chapter for the district.
(Ord. 577, passed 4-14-1969)