Lots of record prior to passage of the Zoning Code, or amendments thereto which created such nonconforming lot(s) of record, with less area or width than heretofore established may be used in accordance with the following provisions:
(a) In an R-1, R-2, R-3 or RTF District, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record which existed prior to passage of the Zoning Code or any amendment thereto became effective (Ordinance 72-72, passed August 31, 1972). Such lot must be in separate ownership and not contiguous to another lot or lots in the same ownership. This provision shall apply even though such lot fails 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 lot shall conform to the regulations for the district in which such lot is located. Variances of requirements listed in this Code shall be obtained only through action of the Board of Zoning Appeals and City Council.
(b) Notwithstanding the foregoing, if such lot is contiguous to another lot or lots owned by the same person, all of the contiguous lots owned by the same person shall be merged and resubdivided so as to conform to the more recently enacted zoning requirements to the extent that it is reasonably possible and practical. For the purposes of this section, lots shall be considered as owned by the same person when they are owned by: the same individual or corporation; an individual and another in joint tenancy, as tenants-in-common, or as an estate by the entireties and either of the owners owns other lots individually or as a joint tenant or tenant-in-common with another; when any of the lots are owned by an individual and other lots are owned by his or her spouse, parents, grandparents, children, grandchildren, or the spouse of any child or grandchild, or a brother or sister or spouse of a brother or sister of such person; when any of the lots are owned by an individual and other lots are owned by a corporation in which such individual is an officer or director or stockholder; and when any of the lots are owned by two or more corporations which have any individual who is an officer, director or stockholder in all of such corporations.
(Ord. 111-95. Passed 2-13-96.)