For the purpose of determining building permit requirements, setback requirements and minimum lot sizes, those lots, plots, tracts or parcels of real property titled under common ownership, located within the town, that are separated or divided by a public or private right-of-way, street, road, alley or easement shall be defined as follows:
(A) Where the land area on each side of the public or private roadway or road meets the minimum requirement for lot size in the designated zoning classification, then the landowner shall be deemed the owner of two separate lots, plots, tracts or parcels for the purposes of this chapter. A current survey, dated within 180 days of building permit application submittal, reflecting existing conditions and mean high water line will be required in order to make this determination;
(B) Where the land area on either side of the public or private right-of-way or road fails to meet the minimum requirements for lot size in the designated zoning classification, then the landowner shall be deemed the owner of one lot, plot, tract or parcel for the purposes of this chapter, and the principal structure or dwelling unit shall be located on the side or part having the greater land area; and
(C) In platting new subdivisions or new roads, the land area must meet the minimum lot area requirements on at least one side of the public or private right-of-way or road.
(Ord. 2006-09, passed 5-23-2006) Penalty, see § 157.999