(A) All lots of record existing as of the effective date of this chapter, with the exception of lots located in shoreland areas, may be used for the erection of a structure without meeting the minimum lot area and lot width requirements provided that all other requirements of this chapter are complied with.
(B) (1) All lots of record in shoreland areas existing as of the effective date of this chapter, that do not meet the minimum lot area and lot width requirements, may be allowed as building sites without a variance from lot size requirements provided that:
(a) The use is permitted in the zoning district;
(b) The lot has been in separate ownership from abutting lands at all times since it became substandard;
(c) The lot was created compliant with official controls in effect at that time; and
(d) The sewage treatment and setback requirements of this chapter are met.
(2) However, a variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a shoreland lot that does not meet setback requirements. In evaluating the variance request, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot, and shall deny the variance if adequate facilities cannot be provided.
(3) If, in a group of 2 or more contiguous shoreland lots under the same ownership, any individual lot does not meet the minimum lot width or lot area requirements specified in this chapter, the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The substandard lots of record in shoreland areas must be combined with 1 or more contiguous shoreland lots so that they equal 1 or more parcels of land, each meeting the requirements of lot area or lot width to the extent possible.
(Prior Code, § 66-106) (Ord. passed 1994) Penalty, see § 151.999