Any nonconforming lot in the RA-3 and RA-5 zone with respect to land area only and having a minimum of 40,000 square feet, which was created by previous subdivision action by the planning board, board of adjustment or land use board prior to April 9, 2001, may have a zoning permit issued for a permitted use without an appeal to the land use board provided that it is not located in a preservation zone as it appears in the Township's approved recreation open space plan as contained in the master plan and the building yard requirements are met for the new zoning restrictions.