§ 94-138. Lots of record.  


Latest version.
  • Any lot of record which is legal at the time of the adoption or amendment of the ordinance from which this chapter is derived, may be used, subject to the following exceptions and modifications:

    (1)

    Use of substandard lots. Where the owner of a lot at the time of the adoption or amendment of the ordinance from which this chapter is derived, does not own sufficient area and width to enable him to conform to the dimensional requirements of this article, such lot may be used as a building site.

    (2)

    Individual lot not meeting minimum lot dimension requirements. In addition to subsection (1) of this section, in any residential district, any lot of record existing at the time of adoption or amendment of the ordinance from which this chapter is derived which has a width or area less than that required by this chapter may be used as a building site for a single-family dwelling only. In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the zoning board of appeals is empowered to hear the request for a minimum variance.

    (3)

    Adjoining lots. When two or more adjoining lots of record with continuous frontage are in one ownership at any time after the adoption or amendment of the ordinance from which this chapter is derived and such lots, individually, have an area or width that is less than required by this chapter, then such contiguous lots shall be considered as a single lot or several lots of the minimum width and area required in the zoning district in which they are located.

(Code 1979, § 40-8.1)