A. Lot Area: In a residence district, any territory conveyed to and accepted by the village pursuant to the provisions of this chapter, shall be included in determining whether any lot of record adjacent to such territory complies with the minimum lot area and minimum yard setbacks for the applicable residence district, whether such lot was a lot of record prior or subsequent to the date of conveyance, provided that nothing herein shall be construed to affect or modify any covenants, conditions, easements or restrictions of record pursuant to any private agreement, recorded plat of subdivision or annexation agreement. The following are examples of the operation of this section:
1. The owner of a two (2) acre lot of record in the W2 single- family residence district donates frontage to the village for a linear park under the HARP program. The conveyance is three thousand (3,000) square feet (200 feet of frontage by 15 feet deep). The remaining portion of the lot owned by the donor is a buildable lot because together with such park, it meets the two (2) acre minimum lot size requirement for the W2 district.
2. The owner of a five (5) acre lot in the W1 single-family residence district sells or donates to the village two (2) acres for a park pursuant to the HARP program, and retains three (3) acres. The remaining portion of the lot is a buildable lot because the two (2) acre park conveyance, together with the three (3) remaining acres of the lot, satisfies the minimum four (4) acre requirement for the W1 district.
3. In subsection A2 of this section, the owner proposes to build a residence one hundred feet (100') from the adjacent street but only twenty five feet (25') from the lot line of the remaining lot. In determining whether the W1 front yard setback requirement is met, the total distance from the street is included in determining the length or width of the yard.
4. The village acquires, by condemnation, one acre of a four (4) acre lot of record located in the W1 single-family residence district. The remaining portion of the lot is not buildable, because the land was not acquired pursuant to the HARP program.
5. The owner of a twenty (20) acre unsubdivided tract of land conveys all of the frontage to the village pursuant to the HARP program. The owner subsequently applies for a plat of subdivision. The owner is entitled to include the land conveyed for determining compliance with minimum lot areas.
B. Yards: If the territory conveyed under the HARP program constitutes at least twenty five percent (25%) of the lot of record in question, front or rear yards in all zoning districts shall be a minimum of twenty five feet (25') and side yards shall be a minimum of ten feet (10') from new lot lines established as a result of the HARP conveyance.
C. Limitations: An owner or applicant seeking the benefits of these provisions shall have the burden of demonstrating to the village, at the time of application for building permit or subdivision approval, that the exceptions set forth in this section apply to the lot for which a building permit or subdivision approval is sought. No donation or other conveyance of land under the HARP program shall be counted or included in lot area or setback computations for more than one lot. (Ord. 01-18, 12-4-2001)