§ 155.301  NONCONFORMING LOTS.
   (A)   Generally. If the Planning and Zoning Commission approves a variance for any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located, that lot may, nonetheless, be developed for any use permitted in that district if such vacant lot:
      (1)   Was recorded in the office of the County Recorder of Deeds prior to the effective date of this chapter (or pertinent amendment thereto);
      (2)   Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by the applicable zoning code or other ordinances; and
      (3)   Is at least 40 feet wide.
(1999 Code, § 40-8-2)
   (B)   Non-urban and residential districts. In the agricultural district and in any residential district, one single-family dwelling and related accessory structure, but no other use, may be erected on any vacant nonconforming lot of the type described above provided all the bulk regulations of the particular district are observed.
(1999 Code, § 40-8-2.1)
   (C)   Business and industrial districts. In the industrial district and in any business district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described above if the bulk requirements of that district are met.
(1999 Code, § 40-8-2.2)
   (D)   Two or more lots in common ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth and area requirements of the district in which it is district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter. (See § 155.042.)
(1999 Code, § 40-8-2.3)
(Ord. 5/9/2000-1, passed 5-9-2000; Ord. 02/14/2006-1, passed 2-14-2006)