§ 200-225. Nonconforming lots of record.

No nonconforming vacant lot existing prior to August 15, 1975, shall be further reduced in size. In residential districts, such lots, as well as those which are consolidated into a single lot but still are nonconforming in area or dimension, may be improved for a single-family residence and its permitted accessory uses without appeal for variance relief, provided that the following provisions are met:

A. 

The lot is in separate ownership and not contiguous to lots in the same ownership and the owner had made a conscientious effort to acquire additional property. However, in the case of two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as a subdivision, acquired by separate conveyance or by other operation of law, where one or more of said lots does not conform with the area and/or division requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot and the provisions of the applicable zoning district shall apply.

B. 

As appropriate, all necessary health approvals are given by the responsible municipal agency or its agent.

C. 

FAR/MIC exceptions. The FAR/MIC of the zoning district in which the vacant lot is located may either be the maximum permitted FAR/MIC of the zoning district or 120% of the average FAR/MIC of dwellings immediately adjacent to the vacant lot, whichever is smaller. In the case of all vacant lots in a particular block or area, the permitted FAR/MIC of the zoning district may be increased by 10%.

D. 

Yard exceptions.

(1) 

Where the lot does not have the required width, each side yard may be reduced by one foot for each five feet that the lot is below the minimum required width, except that no side yard shall be less than 1/2 that required by the zoning district.

(2) 

Where the lot does not have required depth, the rear yard may be reduced six inches for every foot below 100 feet in depth, except that no rear yard shall be less than 1/2 that required by the zoning district.

(3) 

If after application of the exceptions of Subsections D(1) and (2) above front yard infringement is necessary, no building shall be set back less than 75% of the required front yard in the zoning district.