§ 400-118
Substandard lots of record
[Amended 12-13-2023; 2-12-2025]
- A. Prior recorded lots. A lot or parcel of land having a lot width or area of lesser amounts than required in Article II of this chapter may be considered as coming within the minimum requirements of Article II, provided such lot or parcel of land was shown on a recorded plat or on a recorded deed on the effective date of this chapter and did not at such time adjoin other land of the same owner.
- B. Contiguous lot under single ownership.
- (1) If two or more contiguous lots are under single ownership on the effective date of this chapter, such lots shall be considered to be an undivided parcel of land for the purpose of this chapter, and no single lot or portion thereof shall be used in violation of the requirements of Article II as to width and area.
- (2) Neither the area nor the frontage of a lot may be reduced or diminished so that the yards or total lot area shall be less than the minimum requirements prescribed in this chapter. No required yard or other area of one lot shall be considered as providing the minimum area or frontage required for any other lot. No zoning permit shall be issued to the owner of a lot, the area or frontage of which lot has been made to conform to the minimum requirements prescribed by this chapter by virtue of having obtained sufficient area or frontage by rendering an adjacent lot substandard, or more substandard, either with regard to the minimum area, yard or frontage requirements.
- C. Merger prohibited for certain lots. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50% of the lots within 200 feet of the subject lot, as confirmed by the Zoning Enforcement Officer.
- D. Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this zoning ordinance, and/ or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:
- (1) Minimum building setbacks, lot frontage, and lot width requirements for a lot that is nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width requirements from another zoning district in the municipality in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40% of the minimum lot area required in the district in which it is located, the setbacks, frontage, and width shall each be reduced to 40% of the requirements for those dimensional standards in the same district.
- (2) Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40% of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60% over the maximum permitted lot building coverage in that district.
All proposals exceeding such reduced requirement shall proceed with a modification request or a dimensional variance request, whichever is applicable.