(A) Building permitted with conditions. Lots of record in the office of the County Recorder prior to May 17, 1983 that do not meet the requirements of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district; the lot has been in separate ownership from abutting lands at all times since it became substandard; was created compliant with official controls in effect at the time; and sewage treatment and setback requirements of this ordinance are met.
(B) When variance required. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot of record where lot size does not allow for compliance with applicable setback distances, in evaluating the variance, 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.
(C) Nonconforming lots of record under single ownership. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this ordinance.
(Ord. 97, passed 7-21-2009)