Any lot of record, prior to the effective date of an applicable zone classification on the property, may be used as a building site even though the lot has less lot area or lot width than the zoning requirements. This use is authorized provided the owner of such lot does not own, in whole or in part, any contiguous recorded lot as of March 22, 1973. Whenever two (2) or more nonconforming lots, or a nonconforming and conforming adjoining lot, are held in common ownership, the lots shall be merged in order to achieve the required lot width and area requirements of the underlying zoning in accordance with Article 1.5 of Chapter 3 of the Subdivision Map Act, commencing with California Government Code Section 66451.10 and Sections 9-3.1210 through 9-3.1216 of the Thousand Oaks Municipal Code unless otherwise waived through a variance application or other appropriate procedure. This merger clause shall not apply to lots in common ownership where any portion of the rear lot lines of each lot are coterminous and each lot has a separate street frontage. In the case of lots containing less than the required width of the zone, the side yard of any building may be reduced to not less than ten (10%) percent of the average lot width or three (3') feet, whichever is greater, and all other yard requirements shall be met. Furthermore, the minimum lot width and lot area of any nonconforming lot to be used as a building site shall not be less than thirty (30') feet in width or three thousand (3,000) square feet in area.
(§ 8162.7, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § I, Ord. 353-NS, eff. March 22, 1973, § 2, Ord. 974-NS, eff. September 8, 1987, renumbered by § 11, Ord. 1230-NS, eff. April 18, 1995, as amended by part 28, Ord. 1437-NS, eff. July 7, 2005)