§ 156.044 SUBSTANDARD LOT OF RECORD.
   (A)   When a substandard lot can be used in conformity with all of the regulations applicable to its intended use, except that the lot is smaller than the required minimum size for its zoning category, then the lot may be used as proposed as if it were conforming. However, no use requiring a greater lot size than the established minimum lot size for a particular zone is permissible on a substandard lot.
   (B)   When the use proposed for a substandard lot is one that conforms in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the authorizing agent or board by this chapter may issue a permit for the proposed use (Zoning Administrator, Board of Adjustment). The permit may allow deviations from the applicable setback requirements if it is found that:
      (1)   The property cannot reasonably be developed for the use proposed without such deviations;
      (2)   These deviations are necessitated by the size or shape of the nonconforming lot; and
      (3)   The property can be developed as proposed without any obvious adverse impact on surrounding properties or the public health or safety, based the determination of county planning staff and the property owner.
   (C)   For this section, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the substandard lot cannot practicably be constructed and located on the lot in conformity with the particular zoning category setback requirements. Financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
   (D)   This section is applicable only to substandard lots of record (lots recorded in the Vance County Tax Office and Register of Deeds, prior to the effective date of this chapter, with no development. A lot is undeveloped if it has no substantial structures upon it.
(Ord. 39, passed 10-3-2011)