(A) Upon application of any person claiming to be the property owner of the legal or equitable title to a parcel of land that was the subject of a deed or land contract not recorded in the office of the Register of Deeds on the effective date of the ordinance, the Zoning Administrator is authorized to determine whether the property owner is entitled to have the parcel treated as a lot of record in accordance with this chapter
(B) The Zoning Administrator shall grant the variance when he or she finds, by a preponderance of the evidence, that the instrument under which the premises is being purchased was executed prior to the effective date of this chapter, or amendments thereto.
(C) In making his or her determination, the Zoning Administrator is authorized to consider all matters it deems relevant, including, but not limited to: the tax roll of the village; the relationship of the parties to the purported transfer; the degree of formality of the purported document of transfer; and the testimony of the applicant and his or her witnesses.
(D) Such a determination shall have only the effect of equating such a property owner with the owner of a lot of record, and shall not relieve the property owner from complying with the other conditions set forth in this chapter in order that a zoning permit be granted.
(Prior Code, § 154.332) (Ord. 48, passed 6-21-2005)