[Amended 12-12-1983 by L.L. No. 3-1983; 10-13-1986 by L.L. No. 4-1986]
A.
The minimum area and setback requirements of this
chapter shall not prevent the construction of an otherwise authorized
detached dwelling or structure or an otherwise permitted use in such
a district for an applicant under this section who was the owner of
record of the lot when this chapter was enacted and who continues
uninterruptedly to be the owner of record of the identical lot thereof
at the time of application herewith and who has not alienated or contracted
to alienate any interest in such substandard lot and who meets all
other requirements of this chapter and satisfies the Zoning Board
of Appeals that the following conditions have been met:
(1)
Reasonable attempts are shown to have been made by
the owner of the substandard lot, without success, to acquire adjacent
lands in order to make the substandard lot conform more nearly to
the minimum area requirements of the district, and the Zoning Board
of Appeals has been furnished all documentation it has requested from
the applicant in connection therewith.
(2)
The gross land area of the substandard lot is not
less than 75% of the required land area for a lot within the district
where such substandard lot is located, and such substandard lot also
meets not less than 75% of all other setback and dimensional requirement
standards for such district.
[Amended 12-12-1988 by L.L. No. 3-1988]
(3)
The applicant has received and furnishes with the application documentary evidence that the County Health Department and/or other appropriate governmental agency has granted approval for proposed water source and sewage disposal, other than under Subsection (1) in Section 1 of Article IV of the Sanitary Code of the Chautauqua County Health District.
[Amended 12-12-1988 by L.L. No. 3-1988]
B.
Regardless of when acquired, if two or more lots with continuous frontage or common lot lines in single ownership are of record at the time of passage or amendment of this chapter, and if each of the lots do not meet the minimum area requirements for the applicable district, the lots involved shall be considered an undivided parcel for the purposes of this chapter. The provisions of Subsection A above shall not apply if any portion of said lands or parcel shall be used or separated in a manner which prevents or diminishes compliance with the requirements established by this chapter as amended or otherwise results in the creation of a substandard lot.
[Added 3-23-1987 by L.L. No. 2-1987]
C.
In the case of a realty subdivision under § 1115
through 1118 of the New York State Public Health Law and Article XXII
of the Sanitary Code of Chautauqua County, for which the subdivision
map approved by the health authorities was recorded and filed with
the County Clerk after adoption of the Sanitary Code of Chautauqua
County but prior to the enactment of this chapter and in which subdivision
lots for residential dwellings were created and not still owned by
subdivider containing an area less than the minimum area requirements
of this chapter, a variance for the construction of a single-family
dwelling unit may be authorized by the Zoning Board of Appeals if
the following conditions are met:
[Added 3-23-1987 by L.L. No. 2-1987]
(1)
Public sanitary sewer facilities for all of the lots
of the subdivision as approved by the state and/or County Department
of Health have been constructed and are in place, and the applicant
for the variance submits a certificate from the appropriate authority
issued within three months preceding the application indicating that
a dwelling constructed on the subject lot is required to and is authorized
to connect its plumbing with the public sanitary sewer facility.
(2)
The applicant demonstrates that it is impossible or
impracticable to join with other lot owners in the subdivision similarly
situated, to construct a public water system or community water system
as defined by Chapter I, Section 5-1.1 of the State Sanitary Code
to provide the water for the group.
(3)
Where it is shown that the applicant cannot comply with Subsection C(2) above, the applicant submits a certificate from the appropriate health authority, issued within three months preceding the application and authorizing the construction of a water well on the lot at an approved location for the water well, which location shall not be within 100 feet of any subsurface sewage disposal system as provided by Section 43 of the Sanitary Code of the Chautauqua County Health District.
(4)
The applicant has satisfied the requirements of § 143-94A(1) and (2).
(5)
No building permit may be issued pursuant to a variance granted under this Subsection C unless and until a certificate of compliance has been issued for the installation authorized by either Subsections C(2) and (3) above by the appropriate authorities, approved in the name of the applicant, giving the legal or other description of the property and location of the well, the name and address of the water well or water system contractor, the depth in feet and method of construction, the diameter of the well and drill hole in inches and the type and depth of well casing, and approving the quality of the water.
