§ 156.427 SINGLE NON-CONFORMING LOTS OF RECORD.
   (A)   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter notwithstanding limitations imposed by other provisions of this chapter. Such lots must be in separate ownership or included in a subdivision of record in the office of the county’s Recorder at the time of passage of this chapter. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided that, yard dimensions and requirements other than those applying to area or width, or both, of the lots shall conform to regulations for the district in which such lots are located. Variances of requirements, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals, as provided herein.
   (B)   Non-conforming lots of record may be developed under the following conditions.
      (1)   The minimum side and rear yard setbacks shall be proportionally applied by the Building Commissioner as based on the proportion that the non-conforming lot is smaller than the minimum lot size required in the district that the lot is located. Fractional numbers shall be rounded up to the nearest whole number.
 
      (2)   In no case shall the side or rear yard be modified by more than 50% of the minimum yard requirement for the district in which the lot of record is located without requesting a variance before the Board of Zoning Appeals pursuant to the requirements of this chapter.
      (3)   The front yard setback shall not be altered in order to keep the continuity of the front yard setback of surrounding properties.
(Ord. passed 9-26-2006)