Merger of lots under the same ownership

Notwithstanding the provisions of section 32-81 above, where adjacent land is in the same ownership, such lot shall be combined with adjacent land to form a lot of the required dimensions and area, or to decrease the degree of nonconformity where the required area and dimensions cannot be achieved. Substandard lots of record, in the R-10 and R-6 districts, which after being subject to the above requirements, deviate by more than twenty-five (25) percent in the minimum lot area, shall have two (2) side yards each having a setback of not less than ten (10) percent of the frontage of the lot, or six (6) feet, whichever is greater, provided that any side yard abutting on a street shall have a setback of not less than fifteen (15) feet.

The merger requirement shall apply to all adjacent land under the same ownership, whether improved or unimproved, except that where both the substandard original lot and the adjacent lot have structures located thereon, it shall apply only if said structures are related to a principal use located on one (1) or more of the lots. For purposes of this article, "under the same ownership" shall apply to a specific owner and to any of the following:

• • A. Such owner's spouse or parents, children, grandparents, grandchildren or siblings, blood or adoptive;

  • B. A trustee of a trust for the benefit of such owner, or for any person identified in the immediate preceding clause;

  • C. A corporation, partnership, firm, business or entity of which the majority of the voting interest is owned by such owner, or any person identified in either clause above; or

  • D. A person who is an officer, director, stockholder (fifteen (15) percent or more), trustee employee or partner of any entity or person referred to in any of the clauses above.