Sec. 59-B-5.4. Resubdivision of lots, parts of lots, or parcels.

   (a)   Any two or more tracts of land created by deed or plat before June 1, 1958 may be consolidated by record plat into one buildable lot, even if the new lot does not meet the width and area provisions of the underlying zone, if:

      (1)   the tracts of land are under common ownership;

      (2)   a habitable one-family dwelling located on the tracts before July 20, 2009 crossed a property line created by deed or plat documented by a professionally certified house location plan, previously issued demolition permit, or similar substantial evidence;

      (3)   all the tracts of land on which the dwelling is, or was, located are included in the newly created lot; and

      (4)   if abutting vacant lots were in common ownership on November 8, 2012 or any time thereafter and the original lots were recorded in the original Maryland- Washington Metropolitan District before March 16, 1928, any such vacant lots under common ownership must be included in the newly created lot.

   (b)   Any tract of land created by deed or plat before March 16, 1928 and containing a legally constructed one-family dwelling may be platted into one building lot.  Such a tract of land must be consolidated by the record plat with an abutting vacant tract of land under common ownership on November 8, 2012, or any time thereafter, into a larger building lot, even if the resulting lot still does not meet the width and area provisions of the applicable zone.

   (c)   Any tract of land created by deed or plat before March 16, 1928 that fails to meet the width or area provisions of the 1928 Ordinance* and is abutting a tract of land under common ownership on November 8, 2012 or any time thereafter, must be platted into one building lot, even if the resulting lot still does not meet the width and area provisions of the applicable zone.

      *Editor’s note—The 1928 Zoning Ordinance follows Article 59-B.

   (d)   The dwelling on any lot created under subsections (a), (b), or (c) may be altered, renovated, enlarged, or replaced by a new dwelling under th zoning development standards in effect when the application is approved, even if the zoning provisions for the lot’s width and area are not satisfied.

(Legislative History: Ord. No. 11-79, § 2; Ord. No. 13-69, § 2; Ord. No. 13-98, § 4; Ord. No. 16-04, § 1; Ord. No. 16-37, § 1; Ord. No. 17-34, § 1.)