(a)

A zoning board of appeals is hereby established which shall consist of five (5) members to be appointed by the mayor, subject to confirmation of the city council, each for a term of three (3) years. Members of the zoning board of appeals may be removed from office by the mayor and city council, for cause, upon written charges and after public hearing. Vacancies shall be filled by order of the mayor and city council for the unexpired term of the member affected. There shall be one (1) alternate member of the board designated by the council who is empowered to sit on the board in the absence of any member. The above procedures shall be in accordance with the Land Use Article of the Annotated Code of Maryland.

(b)

The zoning board of appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. For the conduct of any hearing a quorum shall not be less than three (3) members of the board, and in all instances, an affirmative majority vote shall be required to approve a conditional use or variance, decide an appeal, or take other action. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(c)

The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed in the office of the department of community development.

The zoning board of appeals shall have the following powers and duties:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement, interpretation or administration of this chapter.

(2)

To hear all challenges wherein the validity of the zoning ordinance or map presents any issue of fact or of interpretation, not hitherto properly determined at a hearing before another body, and shall take evidence and make a record thereon. At the conclusion of the hearing, the board shall decide all contested questions of interpretation and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

(3)

To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship or practical difficulty.

(4)

To hear and decide on applications for conditional uses upon which the board is specifically authorized to pass under this chapter.

(5)

The board shall hear and may authorize alterations, expansions, or extensions, of lawful nonconforming uses and/or the substitution of one (1) nonconforming use for another nonconforming use.

Where in these regulations certain powers are conferred upon the zoning board of appeals, or the board is called upon to decide certain issues, such board shall examine the specific property involved and in the immediate neighborhood. The application shall not be approved where the board finds that the proposed structure, addition, extension of structure or use, or change of use would menace the public health, safety, security, or general welfare, or would result in dangerous traffic conditions, or would jeopardize the lives or property of people living in the neighborhood. In deciding such matters, the board shall give consideration, among other things, to the following:

(1)

The number of people residing, working or studying in the immediate areas.

(2)

Traffic conditions including facilities for pedestrians, such as sidewalks and safety zones and parking facilities and the access of cars to highways.

(3)

The orderly growth of the community.

(4)

The reasonable needs of the entire community and particular neighborhoods.

(5)

The legislative intent of these regulations as provided in section 25-4.

(6)

The effect of odors, dust, gas, smoke, fumes, vibration, glare and noise upon the use of surrounding properties.

(7)

Facilities for sewers, water supply, solid waste collection and disposal and the ability of the county to supply such services.

(8)

Availability of fire-fighting equipment.

(9)

Decisions of the circuit court for the county and the court of appeals of the state.

(10)

The effect of such use upon the peaceful enjoyment of people in their homes.

(11)

The most appropriate use of land and structures.

(12)

The type and kind of structures in the vicinity where people are apt to gather in large numbers such as schools, churches, theaters, hospitals and the like.

(13)

The comprehensive plan, including master plans for land use, transportation, parks and recreation, schools, provision of public water and sewer, conservation, and the like.

(14)

The effect of the proposed use or development on the natural, environmental or landscape resources of the site and adjacent sites, including such resources or features as historic resources, floodplains, wetlands, steep slopes and vegetation.

(15)

The preservation of cultural and historic landmarks.

(a)

Applications/fees. Appeals to the zoning board of appeals may be taken by any person or entity aggrieved or affected by any decision of the zoning administrator. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days from the date of the action, decision, or official interpretation, by filing with the zoning administrator and with the zoning board of appeals a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. All persons hereafter taking an appeal from the decision of the zoning administrator to the board shall be subject to the payment of a reasonable fee, same to be decided upon from time to time by the mayor and city council, for the filing, docketing, hearing, and recording of such appeal, as well as for the service of notices thereof. The fee or charge shall be paid to the mayor and city council prior to the entry or filing thereof. The zoning administrator shall collect and receive all such appeal fees.

(b)

Advertising. The zoning board of appeals shall fix a reasonable time for the hearing of appeal, give public notice thereof, as well as due notice to the parties in interest, and hold the public hearing within sixty (60) days from the date of filing of the notice of appeal. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a paper of general circulation in the city and posted on the affected property in accordance with subsection (i)(2)e. Public notices of appeals, proposed actions, and/or conditional uses and/or variances shall include the names of the parties of interest, location, requested appeal, proposed action, and/or requested conditional use and/or variance, zone classification, reference to a place within the city where the proposed appeal, action, and/or conditional use and/or variance may be examined, in addition to the time and place of hearing.

(c)

Public hearing. At the hearing, any party having standing in the matter may appear in person before the board, by agent or attorney, and/or present written evidence for consideration. Any such party shall have the opportunity to speak, present evidence, and cross-examine witnesses within time frames established by the zoning board.

(d)

Action by zoning board. The board shall render its decision in writing within thirty (30) days from the date of the hearing.

(e)

Withdrawal/denial/continuances.

(1)

Whenever an applicant cancels or withdraws his application before the zoning board of appeals after an advertisement for a public hearing in connection with said application has been published, any rescheduling of a public hearing on said application or a similar reapplication shall be more than four (4) months after the original public hearing was scheduled. Public hearings may be continued from time to time by the zoning board and, if the time and place of the continued hearing be publicly announced at the time of the continuance, no further notice of such continued hearing shall be required; otherwise, notice thereof shall be given as in the case of the original hearing.

(2)

Whenever the zoning board of appeals denies an application, the applicant may not resubmit the application or submit a similar reapplication until at least twelve (12) months have passed since the date of board's written decision.

(f)

Reconsideration. A request for reconsideration of a decision of the zoning board must be filed by a party within two (2) weeks after the date of the hearing at which the zoning board's decision was made. The request must be in writing and must state specifically the reasons for reconsideration. The party requesting reconsideration shall give written notice of same to any other person who is a party or who became a party at the public hearing, simultaneously with filing the request and shall verify such notice to the zoning board. The board may reconsider a decision on its own motion provided such motion is made and approved at the next monthly meeting of the zoning board following the public hearing where the decision was made. If reconsideration is granted, the zoning board, in its discretion, may conduct another hearing and public notice shall be given in the same manner as the original hearing, except no posting or additional fees are required.

(g)

Approval expiration/extensions.

(1)

After the board has approved a conditional use or variance, it shall lapse and become void after the expiration of two (2) years if no substantial construction or change of use has taken place pursuant to a validly issued building permit. If a decision is appealed, the expiration period for the use being appealed shall be measured from the date of the last decision on the appeal.

(2)

The board may approve a phasing plan, in which only the first phase of the conditional use or variance is subject to the time limits set out above. The approval for future phases, however, shall become void unless such prior phases are completed within a time period specified in the board's decision.

(3)

The board may grant as many as two (2) extensions of the two (2) year time period, provided the request for such extension is received in time for the board's consideration at its regular monthly meeting prior to the expiration of the original approval period or any extension thereof previously approved by the board.

(h)

Aggrieved parties. Any person or entity aggrieved by any decision of the board of appeals may seek review by the circuit court of such decision, in the manner provided by the laws of the state and particularly by the Land Use Article of the Annotated Code of Maryland.

(i)

Burden of proof.

(1)

The applicant for a conditional use, variance or other ruling by the board shall have the burden of proof, which shall be by the preponderance of the evidence.

(2)

An applicant for a conditional use shall:

a.

Submit to the zoning administrator a proposed site plan together with his application. Such site plan shall be submitted in triplicate and contain the data required for site plan review under article VIII and other such information as may be required to enable the zoning administrator and the zoning board of appeals to properly evaluate the submission.

b.

The zoning administrator shall refer such site plan to the planning commission for its review and recommendation in accordance with the provisions of article VIII (site plan review), and shall prepare a written report on the application and its compliance with the standards and the comments of applicable city departments and agencies.

c.

The planning commission shall, within forty-five (45) days of receipt of the site plan and application for which the conditional use is pending, submit to the zoning administrator its comments regarding the adequacy of the site plan under the provisions of article VIII and its recommendations concerning the effect of the proposed use on the surrounding properties and current comprehensive plan. The zoning board of appeals shall not take action on the application until receipt of written comments from the planning commission or after the forty-five (45) day period, whichever is first.

d.

In taking action on an application, the zoning board shall consider the written comments of the planning commission and the written report of the zoning administrator and may suggest site plan modifications and changes in the application. Such changes and modifications, as well as the original provisions of the application which have not been modified, shall be maintained as a condition of the establishment of any use to which they are appurtenant.

e.

A public hearing shall be held and notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which an application is sought, or his authorized agent, shall be notified by mail. Notice of such hearings shall be posted on the property for which application is sought and at the City Hall, and notice shall be published in a newspaper of general circulation in the city at least fifteen (15) days prior to the public hearing.

f.

Notwithstanding the foregoing, it shall not be necessary to follow the conditional use procedure set out above in those instances where a property already so approved and currently existing as an approved conditional use merely changes ownership, provided that immediately upon taking ownership the new owner shall certify, in writing, to the zoning administrator that no change in use shall be made and that the new owner shall comply with all conditions and safeguards prescribed by the zoning board of appeals in its previous grant of the conditional use. Upon such certification, the zoning administrator may authorize the conditional use.

(a)

Conditional uses. The following standards are intended to provide the zoning board of appeals with a guide for the purposes of reviewing certain uses, designated as conditional uses, not otherwise permitted in specified zones except under restrictions of this chapter.

(1)

Legal requirements/general standards.

a.

Conditional uses may be authorized by the zoning board of appeals only in accordance with this section and upon satisfaction in each instance of such conditions as to general character, height, and use of structure, the provisions of surrounding open space and treatment of the grounds, and as to street, capacity and use as, in the opinion of the board, may be necessary to safeguard public health, comfort, and convenience, and as may be required for the preservation of the general character of the neighborhood in which such building is to be placed or such use is to be conducted.

b.

In granting any conditional use, the board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter.

c.

The zoning board of appeals shall approve a proposed conditional use if it finds adequate evidence that the proposed use will meet all of the following general conditions listed for the proposed use:

1.

In accordance with the city comprehensive plan and consistent with the spirit, purpose, and intent of this chapter.

2.

In the best interests of the city, the convenience of the community and the public welfare.

3.

Suitable for the property in question and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.

4.

In conformance with all applicable requirements of this chapter.

5.

Suitable in terms of permitting the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools.

6.

Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard.

7.

In complete conformance with the performance standards contained in section 25-138.

(2)

Specific conditional use standards. In addition to the general conditions listed in subsection (a)(1), certain uses designated as conditional uses in specified zones are subject to specific standards listed in section 25-206 (standards for specific uses). These standards shall be used as a guide by the board in reviewing such uses.

(3)

Conditions. The zoning board may impose whatever conditions regarding layout, circulation, and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this chapter.

(b)

Variances. The zoning board, or the zoning administrator in accordance with subsection (b)(3), may grant a variance provided the following findings are made:

(1)

Legal requirements/standards.

a.

That there are unique physical circumstances or conditions, including, but not limited to, irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that as a result of such unique conditions or circumstances, practical difficulties or unnecessary hardships arise which are due to such conditions or circumstances, and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

b.

That because of such physical circumstances or conditions there is no reasonable possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

c.

That such unnecessary hardship or practical difficulty has not been created by the applicant.

d.

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

e.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

f.

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

g.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(2)

Conditions. In granting any variance, the zoning board (or zoning administrator in accordance with subsection (b)(3)) may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(3)

Zoning administrator approval. The mayor and city council and the zoning board of appeals authorize the zoning administrator, or his duly appointed representative, subject to appeal to the zoning board, to initially receive, review, and to grant or deny all applications for variances under this chapter, in accordance with the requirements and standards of subsection (b)(1). Public notice of the zoning administrator's official decision (which shall be in writing and shall include specific findings of fact with regard to the requirements and standards of subsection (b)(1)) shall be once advertised in a newspaper of general circulation in the city and the property to which the decision applies shall be posted by the applicant with a public notice sign for a period of fifteen (15) days. Said sign shall contain an adequate summary of the decision and shall be approved by the zoning administrator. The decision of the zoning administrator may be appealed to the zoning board in accordance with subsection (c).

(c)

Administrative error.

(1)

Legal requirements/standards. An appeal to the board may be made by any person aggrieved or by any officer, department or board within the jurisdiction affected by the decision or interpretation of the zoning administrator. Such appeal shall be made within thirty (30) days of the decision of the zoning administrator by filing a notice of an appeal on the forms provided by the department. Such notice shall specify the nature and grounds of the appeal and shall contain such additional information as may be needed to explain the appeal. Fees associated with the appeal shall be paid at the time of the filing in accordance with the fee schedule established per article IV (fees).

(2)

Stay of proceedings/bond. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board that, by reason of facts stated in the certificate, such stay will cause imminent danger to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the zoning board or by a court of record on application by the applicant after notice to the zoning administrator and with due cause shown.

(3)

Reversal, modification, affirmation. In exercising its powers, the board may, in conformity with the provisions and limits of the Charter and of this chapter, reverse or affirm, in whole or in part, or may modify the decision of the zoning administrator appealed from and may make such decision as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(a)

Legal requirements/standards.

(1)

The purpose of this section is to recognize the existence of nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which nonconforming buildings, structures, and uses incompatible with the character of the districts in which they are located shall be regulated.

(2)

All uses and all structures not conforming to the regulations of the zone in which they are located after the effective date of this chapter shall be known and regarded as nonconforming and the following regulations shall apply to them.

(b)

Conditions/limitations.

(1)

Repairs, maintenance, alterations, and modernization may be made to a nonconforming building or structure, except that no structural alteration shall be made in or to such building or structure except those required by law and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(2)

Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on pursuant to a validly issued building permit. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(3)

Nothing contained in this chapter shall require any change in plans, construction, or designated use of a structure for which a building permit was issued more than thirty (30) days prior to the adoption of this chapter, or change in zoning district and the construction of which is begun within three (3) months after such adoption or change and diligently carried on. However, the approved plans shall not be altered in any way to increase the nonconformity.

(4)

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:

a.

Such change shall be permitted by conditional use under the provisions of subsection (a). The zoning administrator may issue a permit to change a nonconforming use to another nonconforming use when there are no structural changes involved and where conditions b. and c. below are met.

b.

The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.

c.

The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:

1.

Passenger car and pedestrian traffic;

2.

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, and vibration;

3.

Storage and waste disposal;

4.

Appearance.

(5)

No nonconforming use shall be extended to displace a conforming use unless and until it can be demonstrated to the zoning board of appeals that said extension will not adversely affect the remaining conforming uses.

(6)

A nonconforming building altered or erected or a nonconforming use created in violation of any previous provision shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by this section upon other nonconforming buildings and uses.

(7)

Whenever the boundaries of a district shall be changed so as to transfer an area from one (1) district to another district of a different classification the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.

(8)

A nonconforming structure may not be moved to another location on the same or other premises unless it becomes conforming by such move.

(9)

Upon discontinuance of a nonconforming use of a structure or land for a period of one hundred twenty (120) days, all signs pertaining to such nonconforming use shall be removed by the owner or shall be completely covered with a material compatible with the architectural design and material composition of the structure, as determined by the zoning administrator.

(c)

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Nonconforming structures may be enlarged in area or volume only to the extent that all yard requirements in the district in which the structure is located are adhered to as well as related regulations pertaining to screening, off-street parking, signs, etc., and the structure remains otherwise lawful. The zoning board of appeals, in allowing such expansions, should consider the following:

a.

The present building is deemed by the zoning administrator to be structurally sound or capable of being rehabilitated to meet city codes.

b.

The height of the expansion will conform to the maximum height requirements of the district.

c.

The expansion will not significantly change the function of the use in a manner which will increase any adverse effects of the present use on the neighborhood.

d.

The expansion will not require additional parking or sufficient additional off-street parking required by the expansion will be provided.

e.

The expansion will not include additional signs, outdoor lighting, or outdoor storage of materials or products.

f.

The expansion will not result in a net gain in the number of truck loading locations on or at the site.

(d)

Destruction. Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, as determined by the zoning administrator, it shall not be reconstructed except in conformity with the provisions of this chapter.

(e)

Removal. Should such structure be moved for any reasons for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(f)

Landscaping and screening. Alongside and rear lot lines which abut uses or structures which are conforming in the district or which abut another district in which the subject use or structure would be nonconforming, a solid and continuous landscape screen or fence, or a combination thereof, shall be planted or installed and shall be maintained. Landscaping shall consist of massed evergreen and/or deciduous trees and shrubs of at least three and one-half (3-1/2) feet in height and of such species as will produce, within three (3) growing seasons, a screen at least six (6) feet in height so as to continually restrict a clear view beyond said buffer strip. Fencing shall be at least six (6) feet in height and constructed of a material approved by the zoning administrator.

(g)

Nonconforming uses of structures or land.

(1)

If a lawful use of a structure, of land, or of a structure and premises in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

Nonconforming uses may be enlarged in area or volume only to the extent that all yard requirements in the district in which the structure is located are adhered to as well as related regulations pertaining to screening, off-street parking, signs, etc., and the structure remains otherwise lawful. The zoning board of appeals, in allowing such expansion, should consider the following:

1.

The present building is deemed by the zoning administrator to be structurally sound or capable of being rehabilitated to meet city codes.

2.

The height of the expansion will conform to the maximum height requirements of the district.

3.

The expansion will not significantly change the function of the use in a manner which will increase any adverse effects of the present use on the neighborhood.

4.

The expansion will not require additional parking or sufficient additional off-street parking required by the expansion will be provided.

5.

The expansion will not include additional signs, outdoor lighting, or outdoor storage of materials or products.

6.

The expansion will not result in a net gain in the number of truck loading locations on or at the site.

7.

All enlargements or alterations to a nonconforming use of a structure or land shall conform to all yard requirements in the district in which the structure is located.

8.

Alongside and rear lot lines which abut uses or structures which are conforming in the district or which abut another district in which the subject use or structure would be nonconforming, a solid and continuous landscape screen or fence, or a combination thereof, shall be planted or installed and shall be maintained. Landscaping shall consist of massed evergreens and/or deciduous trees and shrubs of at least three and one-half (3-1/2) feet in height and of such species as will produce, within three (3) growing seasons, a screen at least six (6) feet in height so as to continually restrict a clear view beyond said buffer strip. Fencing shall be at least six (6) feet in height and constructed of a material approved by the zoning administrator.

9.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for use at the time of adoption or amendment of this chapter.

(2)

If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use provided that the zoning board of appeals (or the zoning administrator in accordance with subsections (b)(4)a.—c.) shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board or zoning administrator may require appropriate conditions and safeguards in accord with the provisions of this chapter.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be expanded or enlarged.

(4)

When a nonconforming use of a structure, land, or structure and land in combination is discontinued or abandoned for twenty-four (24) consecutive months, the structure, land, or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure and accessory materials on the land shall eliminate the nonconforming status of the land.

(6)

Any nonconforming residential use of a structure may be constructed, enlarged, extended, reconstructed, moved, or structurally altered, provided that the proposed use is for residential purposes and such residential use must be subject to all other provisions of this chapter in the zoned district wherein such residential use is located. The intent being that existing residential uses shall always be a conforming use in any district, except that in the R-S Residential District, only single-family dwellings shall be permitted.

(h)

Nonconforming lots of record.

(1)

Notwithstanding limitations imposed by other provisions of this chapter, a building and its customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions, other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the zoning board of appeals or zoning administrator in accordance with subsection (b).

(2)

If five (5) or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter; nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

(i)

Conditions. The zoning board may impose reasonable conditions on its approvals hereunder to fulfill the purpose of this chapter and the comprehensive plan.