(A) Lots of insufficient land area. Where the of a lot at the time of the adoption of this chapter or any amendment thereto or his or her successor in title thereto does not own sufficient land to enable him or her to conform to the minimum area requirements of this chapter, the lot may nonetheless be used as a site, provided that any principal structure on an existing lot with an area below the minimum set forth in this chapter
meet the setbacks required in the district. Applicants that cannot meet the setback requirements may appeal to the Board of Adjustment as provided in § 154.105(F). If, however, the
of two (2) or more adjoining lots either of which contains insufficient land area to comply with the applicable provisions of this chapter decides to build on or sell these lots as a
lot, he or she must first combine the lots to comply with the area and dimensional requirements of this chapter and meet the lot design standards of Chapter 153
. As used in the section, “the time of the adoption of this chapteror any amendment thereto” means the date on which this chapter or any amendment thereto is made applicable to the use district in which the lot islocated.
(B) Nonconforming occupied lots established prior to the date this chapter is adopted or any amendment thereto. Any lot on which a is located or improvements thereon be considered a nonconforming occupied lot if the or improvement located on the lot was lawfully constructed in compliance with the Henderson County Zoning Ordinance prior to the date this chapter or any amendment thereto is adopted. All conditions and provisions of Subsection A of this section and § 154.105
, "" apply to the aforementioned lots and the development thereon.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 2021-06, passed 4-22-2021)