§ 18-4-202. Use and merger of unimproved lots of substandard area or dimensions.

(a) Definition. For purposes of this section, "unimproved lot" means a lot on which no part of a principal use is located.

(b) When dwelling on substandard lot generally permitted or prohibited. A dwelling may be constructed on a lot that does not comply with the minimum area or dimensional requirements of the zoning district in which the lot is located if the lot complied with any applicable minimum area and dimensional requirements at the time it was created, except that in the absence of compliance with subsection (c), a dwelling may not be constructed if the lot was contiguous to and under the same ownership as one or more unimproved lots on January 1, 1987.

(c) Exception to general prohibition. A dwelling may be constructed on a lot that was contiguous to and under the same ownership as one or more unimproved lots on January 1, 1987 if (1) the lot is served by public water and sewer or (2) the lot is merged with the contiguous unimproved lot or lots to create a lot that complies with or comes as close as possible to complying with the minimum area requirements of the zoning district in which the lot is located and the owner executes and records a lot merger agreement as a condition precedent to receiving a building permit for the dwelling.

(Bill No. 4-05)