Hyde Park City Zoning Code
§ 108-6.6
Nonconforming lots.
A.
No variance shall be required for development on or for any additions to or other alterations to existing structures on any nonconforming lot of record created prior to the effective date of this chapter, provided that such development, addition or alteration meets the bulk regulations in § 108-5.15 and provided that the following conditions are also satisfied:
(1)
At the time the lot became nonconforming, it did not adjoin other lots held in the same or related ownership with which it could be merged to create a conforming or less nonconforming lot, except where such adjoining lots were created by a subdivision approved by the Planning Board or duly filed in the Dutchess County Clerk's Office. For purposes of this section, related ownership includes, but is not limited to, individuals related by marriage or kinship, individuals who are members of the same partnership, and corporate entities with common parent corporate entities or stockholders.
(2)
All Health Department regulations shall be satisfied.
(3)
Any residential use of such a nonconforming lot shall be limited to a one-family dwelling. This shall not prohibit accessory apartments from being permitted as long as all other requirements are satisfied.
(4)
A topographical map shall be submitted that includes sufficient topographical and natural features to allow site evaluation by the Zoning Administrator and the Building Inspector.
B.
A nonconforming lot may be subdivided only if the subdivision plat shows that every subdivided portion of such lot will be merged with adjoining properties to increase the area of such properties, thereby eliminating the nonconforming lot.