§ 38-1401. Substandard lots of record.

(a)

If two (2) or more adjoining lots with continuous frontage were under single ownership on or after October 7, 1957, and one (1) or more of such adjoining lots has a frontage or lot area less than what is required by the zoning district in which such lot or lots are located, such substandard lot or lots shall be aggregated so as to create one (1) or more new lots, each of which shall conform to the minimum frontage and minimum lot area requirements of the zoning district in which the substandard lot or lots are located, and the lots so aggregated shall be considered one (1) tract.

(b)

If a lot or parcel has a frontage or lot area less than what is required by the zoning district in which it is located, but was a lot of record in Orange County, Florida, prior to October 7, 1957, then a principal or accessory use consistent with Section 38-77 may be constructed on such lot, provided the construction of the dwelling and customary accessory structure(s) will not violate the minimum yard requirements, minimum floor area requirements, or height requirements for the zoning district in which the lot is located.

(c)

No development permits may be issued for any lot or parcel which has a size or width less than what is required by the zoning district in which such lot or parcel is located, unless the lot or parcel is aggregated with adjacent property so that the required size or width complies with the zoning requirements.

(d)

A lot or parcel which contains less than the minimum lot width and lot area required by the zoning district and was not approved by Orange County Subdivision Regulations or is not a lawful nonconforming lot or parcel, shall not be grounds for granting a variance pursuant to section 30-43, Orange County Code.

(P & Z Res., art. XXV, § 1; Ord. No. 92-1, § 7, 1-21-92; Ord. No. 97-05, § 11, 4-29-97; Ord. No. 98-37, § 25, 12-15-98; Ord. No. 2004-01, § 12, 2-10-04; Ord. No. 2008-06 , § 21, 5-13-08)