(A)

Merger. Where contiguous unimproved or improved and unimproved lots of record are in the same ownership and do not conform to the area and frontage requirements for the district in which they are located on the effective date of the adoption or subsequent amendment of this zoning ordinance, such lots shall merge to the extent necessary to create dimensionally conforming lots or to reduce the extent of the nonconformity, except for the following:

(1)

Any lot created for development and platted with planning board approval before the date of enactment of this ordinance shall not be required to merge with an adjacent lot.

(2)

A lot that is nonconforming by area shall not be required to merge with an adjacent lot if the nonconforming lot has an area at least as large as half of the lots within two hundred (200) feet of the nonconforming lot.

(B)

If a lot substandard in area was legally created and is not required to merge with an adjacent lot in the same ownership, the owner of the lot shall not be required to obtain relief from the zoning board of review to construct a building on the lot simply because the lot is nonconforming in area. The required minimum front, side, and rear yard depths shall be reduced, and the maximum building lot coverage shall be increased, by the same proportion that the lot area is not in conformity with the minimum lot area for the zoning district. If further dimensional relief is necessary to construct the building, that relief is available by modification or by dimensional variance.

(Ch. 134, § 7, 12-19-94; Ch. 292, §(Exh. C), 12-4-23)