(a)

Generally. The application of new regulations to existing development may create circumstances in which existing lot dimensions, density, intensity, land uses, buildings, structures, landscaping and buffering, lighting, parking areas, or signs do not strictly conform to the requirements of the new regulations. For existing lots or development (including uses, buildings, structures, and signs) that are legally nonconforming to the standards in this title, this chapter sets out equitable rules for whether, when, and how the regulations of this title apply.

(b)

Conversion of nonconformities. Except as provided in this chapter, nonconforming situations are not allowed to be enlarged, expanded, or made more nonconforming. Nonconforming situations shall not be used as grounds for adding other uses, buildings, structures, signs, or improvements that are now prohibited in the same zoning district. This chapter provides standards and procedures by which nonconforming uses and other nonconformities can be converted to conforming status.

(c)

Reduction of nonconformities. It is the policy of the city to encourage reinvestments in property that increase its value and utility and reduce its external impacts. Since bringing a developed property into full compliance with this title may involve substantial costs that may discourage reinvestment, or may require premature demolition of buildings or structures and other physical features of the property, that are economically productive and structurally sound, this chapter provides certain thresholds and priorities for determining when new construction or modifications to development implicate a requirement for increasing conformity with the various requirements of this title.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Generally. This chapter applies to uses, buildings, structures, landscaping, buffering, signs, lighting, access or parking, density, and lots that were:

(1)

Lawfully established, constructed, installed, platted, or created prior to the effective date, but do not conform to the requirements of this title; or

(2)

Lawfully established, constructed, installed, platted, or created in one legacy use zone, form zone, or planned unit development district, but no longer conform to the requirements of this title after the subject property is rezoned.

(b)

Effect of chapter. Nothing in this chapter shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully obtained from the city prior to the effective date of this title or subsequent amendment, provided that construction:

(1)

Was commenced before the expiration of the building permit; and

(2)

Work is proceeding diligently toward completion.

(c)

Changes of ownership. Nothing in this chapter shall be construed to affect or restrict changes in ownership or the form of ownership, nor shall changes in ownership or the form of ownership affect the application of any of the requirements of this chapter.

(d)

Evidence of status. Evidence that a nonconforming situation is a legal nonconformity and not a violation of this title shall be submitted by the owner of the property or use upon request of the director.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

One-household detached dwelling units in certain form zones.

(1)

All lots of record within the core, transition, edge, outer edge, peripheral, or neighborhood corridor form zones, regardless of their size, and all existing principal buildings, accessory dwelling units, and detached garage buildings on said lots, regardless of setbacks, height, floor area, design features, or other dimensions, are deemed to be conforming to this title if the use of the lot is a one-household detached dwelling unit. Principal buildings, accessory dwelling units, and detached garage buildings may be restored or reconstructed to their original exterior form and dimensions. Changes from the original structure to the external dimensions of principal buildings, detached accessory dwelling units, and detached garages shall conform to the requirements of this title as it applies to the proposed change.

(2)

All lots of record within the core, transition, edge, outer edge, peripheral, or neighborhood corridor form zones, regardless of their area, may be developed with a house or cottage form type that corresponds most closely to the available lot area and lot frontage, and for which the access required by the form type is available, provided that the director determines that there is sufficient lot area for construction of the proposed building, and that safe ingress to and egress from the lot is not compromised by the lot's dimensions.

(b)

One-household detached dwelling units in legacy use zones. All lots of record within the re, co, and ag legacy use zones, regardless of their size, and all existing principal buildings, accessory dwelling units, and detached garage buildings on said lots, regardless of setbacks, height, floor area, or other dimensions, are deemed to be conforming to this title if the use of the lot is a one-household detached dwelling unit. Principal buildings, accessory dwelling units, and detached garage buildings may be restored or reconstructed to their original exterior form and dimensions. Changes to the external dimensions of principal buildings and detached garages shall conform to the requirements of this title as it applies to the proposed change.

(c)

Partitions. Lots that are created by judicial partition are deemed to be conforming lots.

(d)

Vested rights. This chapter does not apply to site-specific development plans for which rights are vested, during the period of vested rights.

(e)

Natural shifts of zone boundaries. If a zone boundary changes as a result of a change in location of a river, stream, or ditch channel centerline, other natural boundary-defining feature, or street, such change of zone boundary does not render existing development nonconforming.

(f)

Taking for public use. Any nonconforming building, structure, parking, or lot that is expressly created or caused by a conveyance of privately-owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this title, and is not subject to limitations in this chapter. This exemption applies in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or otherwise, when that transaction would otherwise create a nonconformity in the remainder parcel in terms of setback, lot area, or other standards of this title. However, this exemption does not apply to right-of-way dedication or other public conveyances of land required by the city in the course of subdivision, site plan, or other development approvals.

(g)

Unlawful uses, buildings, or structures. This chapter does not allow for the perpetuation of uses or improvements upon land that were unlawful at the time they were established or constructed. Such development is not legally nonconforming, but instead, unlawful, and is subject to all of the provisions of this title (including enforcement provisions) and any other applicable law.

(Ord. No. 2228, § 12, 2-13-2024)

Subject to the provisions of this chapter, a nonconforming use may be continued and maintained in reasonable repair, and may be expanded, cumulatively, by up 25 percent of its footprint as same existed on the effective date of this title, or 800 square feet, whichever is greater, provided that such expansion does not create additional physical nonconformity. For the purposes of this section, the extension of a nonconforming use to a portion of an existing building or structure that was designed, constructed, and permitted for the nonconforming use at the time of adoption of this title is not an extension of a nonconforming use.

(Ord. No. 2228, § 12, 2-13-2024)

If an area of a subject property that is put to a nonconforming use is subsequently put to a new, different use, then all use of that area shall thereafter conform to the applicable use regulations of the zoning district in which the subject property is located.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Generally.

(1)

Nonconforming uses that are discontinued are subject to the limitations of this section. In general, a nonconforming use is discontinued on the day the use ceases to operate (the beginning of the period of non-use), and resumed on the earlier of:

(i)

The day the use actually resumes; or

(ii)

The day a building permit is issued for improvements that are necessary or desirable to resume the use, provided that the building permit does not lapse.

(2)

The threshold period of non-use may be extended for up to 18 additional months if the owner of the subject property demonstrates that during the extension period the subject property was actively marketed to potential purchasers or tenants for the purposes of continuing the nonconforming use. The extension available pursuant to this subsection (a)(2) is available only if such marketing commences within six months after the date the use is discontinued.

(b)

Nonconforming uses that involve buildings or structures. If a nonconforming use of all or part of a building or structure is discontinued for longer than the threshold period of non-use set out in table 18.44.230, threshold period of non-use, then further use thereof shall conform to the requirements of this title. For the purposes of this section, a fence that encloses an open area that is put to a nonconforming use does not constitute a "structure," and such nonconforming uses are subject to subsection (c), below.

Table 18.44.230, Threshold Period of Non-Use

(c)

Nonconforming uses that do not involve buildings or structures. If a nonconforming use not involving a building or structure is discontinued for a period of six months, further use of the subject property shall conform to the requirements of this title.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Generally. In many instances, nonconforming uses may be integral parts of the city's character and function, such that their continuing existence promotes the city's policy of retaining existing businesses and institutions or protecting the city's character and neighborhoods. In these instances, the classification nonconforming use and resulting restriction on investment may not be what the city desires. As such, a nonconforming use may be made conforming pursuant to this section in order to remove the potential stigma associated with the nonconforming designation.

(b)

Limitation. Unlawful uses may not be made conforming under this section.

(c)

Conversion by special use permit approval; standards. A special use permit approval may be granted to make a nonconforming use conforming, if:

(1)

The criteria for approval of a special use that are set out in subsection 18.30.020(8) are met; and

(2)

The use has been integrated into the function of its surrounding block (including properties across the street), as evidenced by the following:

(i)

City residents regularly patronize the use or are employed by the use (for nonresidential uses in or adjacent to residential neighborhoods).

(ii)

Management practices mitigate or eliminate nuisances such as:

(A)

Spillover of noise or light;

(B)

Odors and/or appearance of waste materials and litter; or

(C)

Congestion of on-street parking that materially interferes with the operation of the streets within two blocks of the use.

(iii)

There is no material history of complaints about the use (a history of complaints is justification for denying the special use permit, unless the conditions of the permit will eliminate the basis of the complaints).

(3)

If the use is nonresidential, it is licensed in accordance with any applicable ordinances of the city.

(4)

The use has been maintained in good condition and its classification as a nonconforming use would be a disincentive for such maintenance.

(d)

Conditions. Conditions may be imposed relative to physical conditions or operations (including limitations on future expansion), that the planning commission determines are necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may include, but are not limited to, changes or upgrades to infrastructure, buildings, structures, lighting, landscaping, driveways, parking, drainage, or hours of operation of the use.

(e)

Effect of approval. Uses that comply with the terms of a special use permit that is issued in accordance with this section and chapter 18.30, special use permits, are converted from legally nonconforming uses to conforming uses by virtue of the issuance of the special use permit, and are subject to its terms. Special use permit approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.

(f)

Effect of denial. If an application for conversion of a nonconforming use is denied, the use shall thereafter retain its status as a nonconforming use, and shall continue to be subject to all applicable provisions of this chapter 18.44.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Ordinary repairs and maintenance of a nonconforming building or structure are permitted.

(b)

A building or structure (other than a sign) that is located on a subject property that is conforming as to use, but is nonconforming as to height, setback, or coverage, may be altered or extended, provided that the alteration or extension does not result in a further violation of this title or applicable building codes.

(Ord. No. 2228, § 12, 2-13-2024)

A nonconforming building or structure that has been damaged or destroyed by fire or other causes may be restored to its original condition, unless the director determines that the nonconforming situation on the property is correlated to the casualty event; provided that building permits that are required for such restoration are applied for within one year of the event and do not lapse after issuance. Extensions may be approved by the director if the property owner or representative demonstrates reasonable effort and diligence to comply with the application and work timelines.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Generally. In many instances, nonconforming buildings or structures may be integral parts of the city's character and function, so their continuing existence promotes the city's policy of retaining existing businesses or protecting its character and neighborhoods, as well as reducing unnecessary carbon emissions and conserving natural resources. In these instances, the classification nonconforming building or structure and resulting restriction on investment may not be what the city desires. As such, a nonconforming building or structure may be made conforming pursuant to this section in order to remove the potential stigma associated with the nonconforming designation.

(b)

Limitation. This section does not apply to nonconformities involving the building code.

(c)

Application of variances, adjustments, and other flexibility.

(1)

A building or structure that is authorized by variance, adjustment, or other administrative procedure in this title that allows for departures from or alternatives to the generally applicable standards of this title shall not be considered nonconforming as to the standards that were varied, adjusted, or otherwise modified.

(2)

A nonconforming building or structure may be made conforming by way of a variance, adjustment, or any other administrative procedure in this title that allows for departures from or alternatives to the standards of this title that create the nonconformity. If a variance under chapter 18.12, appeals and variances under title 18, is used for this purpose, then with regard to section 18.12.030, the existence of the nonconformity shall constitute peculiar and exceptional and undue hardship.

(d)

Conditions. Conditions may be imposed relative to physical conditions (including limitations on future building or structure expansion) that the decision-maker determines are necessary to ensure that, as a conforming building or structure, the building or structure will not become a nuisance. Such conditions may include, but are not limited to, changes or upgrades to infrastructure, buildings, structures, lighting, landscaping, parking, or drainage.

(e)

Effect of approval. Buildings or structures that are approved as provided in this section are converted from legally nonconforming buildings or structures to conforming buildings or structures by virtue of the issuance of the approval, subject to its terms. Such approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.

(f)

Effect of denial. If an application for conversion of a nonconforming building or structure is denied, the building or structure shall thereafter retain its status as a nonconforming building or structure.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Determination of nonconformity. Signs erected before September 14, 1989, are not presumed to be illegal merely because a sign permit is not on file with the city. Other factors, including the size, setback, height and applicable regulations on the date of erection or installation of the sign will be considered in determining whether or not a sign was illegal when erected or installed.

(b)

Minor sign area or height nonconformities. Any existing nonconforming sign for which a sign permit has been issued pursuant to a previously adopted code, excluding prohibited signs, which exceeds only the maximum sign area for each sign or maximum height limitations of this title, as specified in chapter 18.32, signs, by 20 percent or less shall be considered a conforming sign. Such sign may be restored or replaced in its current location, and to its current area, design, materials, and dimensions. However, if any part of the sign (except its content) is materially changed, the sign shall be constructed in conformance to the requirements of chapter 18.32.

(c)

Variance, special use permit, and planned unit development approvals. All permanent signs that were approved by the city through the variance, special use permit, or planned unit development process, but do not meet the current requirements of this title, shall be considered conforming signs for so long as they comply with the provisions of the applicable variance, special use permit, or planned unit development approval, and for so long as the variance, special use permit, or planned unit development approval remains in effect. If a variance, special use permit, or planned unit development approval is abandoned, all signs that were approved by the variance, special use permit, or planned unit development approval shall be brought into conformance with this title. In an approval of a rezoning from planned unit development to a legacy use zone or form zone, the city council may authorize existing signage to continue as conforming.

(Ord. No. 2228, § 12, 2-13-2024)

See section 18.32.030(j).

(Ord. No. 2228, § 12, 2-13-2024)

Any existing nonconforming sign that is brought into conformance with this title within four years from the effective date shall be entitled to a ten-percent increase in applicable maximum sign face area.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Generally. Ordinary repair and maintenance of legal nonconforming signs, and changes of messages on legal nonconforming signs, are allowed. However, a legal nonconforming sign shall not be expanded, enlarged, or improved in a manner that does not constitute ordinary repair and maintenance, and the right to keep, use, maintain, or display a nonconforming sign us subject to the standards of this section.

(b)

Removal of nonconforming signs. A nonconforming sign shall be removed or brought into conformance with this title if any one of the following conditions occur:

(1)

If there is a period of non-use of the subject property that is associated with the nonconforming sign for a period of one year or more, with the period of non-use calculated as provided in section 18.44.230;

(2)

If the nonconforming sign becomes a hazardous or dangerous sign and is not repaired within 14 days after notice from the city that such condition must be corrected;

(3)

The use or building with which the nonconforming sign is associated expands either singularly or cumulatively, in terms of any combination of building gross floor area, outdoor retail/display area, or outdoor storage area, by at least 25 percent compared to the floor area as same existed on the effective date of this title, or by at least 800 square feet, whichever is greater;

(4)

The nonconforming sign structural support is modified or the original support materials are replaced to the extent that a building permit is required or a nonconforming sign module is substantially modified to the extent that a building permit is required;

(5)

The nonconforming sign is relocated on the same or different premises but in the new location would continue to be in noncompliance with this title;

(6)

The nonconforming sign is damaged or destroyed and the cost of reconstruction or repair is 50 percent or more of its replacement value at the time it is damaged or destroyed;

(7)

The principal building or use with which the sign is associated is demolished or destroyed; or

(8)

The nonconforming sign includes a sign face that is modified to include an electronic message sign or an animated or flashing sign.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Generally. Uses designated as a "permitted by right" or "special use" within the legacy use district in which the subject property is located may be established, continued, modified, enlarged, or extended on a developed site containing physical nonconformities such as:

(1)

The use is located on a nonconforming lot;

(2)

The use occupies a nonconforming building;

(3)

The use is located on a lot with nonconforming landscaping or buffering;

(4)

The use utilizes a nonconforming sign;

(5)

The use is illuminated by nonconforming lighting;

(6)

The use has nonconforming access or parking;

(7)

The use occupies a building that is nonconforming with respect to building design or form standards; or

(8)

The use occupies a building that is nonconforming with respect to standards for screening utilities and mechanical equipment.

(b)

Standards. Uses that are designated as a "permitted by right" or "special use" within the legacy use district in which the subject property is located may be continued, established, modified, enlarged, or extended on a developed site containing physical nonconformities, subject to compliance with the standards in this section. Uses that are designated as "special use" shall also comply with any applicable use-specific standards.

(c)

No implied waivers. The authorization in subsection (b), above, shall not be construed as a waiver of the requirements of chapter 18.44, division III, nonconforming buildings and structures, chapter 18.44, division IV, nonconforming signs, or this division with respect to the physical nonconformities that are present on the subject property. Modifications to buildings, structures, landscaping and buffering, signage, lighting, parking, building design, or utilities may require correction or partial correction of nonconforming situations, as provided in this division.

(d)

Level of compliance. The following three categories are established to identify the level of site improvements that are required when a permitted use is established on a site that contains physical nonconformities, as set forth in subsection (a), above:

(1)

No exterior site modifications/minor building expansions;

(2)

Site modifications and/or building expansions; and

(3)

Redevelopment.

(e)

No exterior site modifications/minor building expansions.

(1)

Generally. Where the establishment of a new use on a subject property involves work requiring a building permit, and the proposed work involves either no modifications to building dimensions or additions to buildings up to and including 25 percent of existing floor area or 800 square feet, whichever is greater, and involves no modification of exterior site features (e.g., access and parking, lighting, building facades, landscaping, buffering, circulation, or outdoor storage areas) other than signs or areas into which buildings are expanded, the following shall be completed prior to issuance of a certificate of occupancy:

(i)

Parking. Nonconforming parking areas shall be refurbished to comply with sections 18.36.033, 18.36.040, 18.36.041, 18.36.043, 18.36.044, and 18.36.045, and to stripe up to the number of parking spaces required section 18.36.020 or 18.36.032, provided that no new paved areas shall be required;

(ii)

Lighting. Existing lighting shall be modified to comply with chapter 18.34, provided that new light poles shall not be required unless the director determines that the existing poles are unsafe;

(iii)

Landscaping. Landscaping shall be planted, maintained, refurbished, modified and/or supplemented, as appropriate, so that it complies with applicable standards in chapter 18.29 and/or chapter 18.40, except that additional landscape areas shall not be required if provision of the additional landscape area is infeasible due to the existing improvements on the lot; and

(iv)

Outdoor storage. The use of outdoor storage areas, if present, shall be discontinued or the outdoor storage areas brought into compliance with applicable standards of chapter 18.29 and/or chapter 18.40.

(2)

Multi-tenant sites. When a tenant improvements permit or other building permit is required for a proposed new use on a subject property that is or is part of a multi-tenant site, and the proposed work does not involve modifications to exterior site features (e.g., access and parking, lighting, building facades, landscaping, buffering, circulation, or outdoor storage areas) other than signs, the standards of subsection (e)(1) shall be met only if the value of the work authorized by the tenant improvements permit or other building permit exceeds 50 percent of the "actual land value" of the multi-tenant site according to the current records of the Jefferson County Assessor.

(f)

Site modifications and/or building expansions. Where improvements to a subject property involve work on exterior site features (e.g., access or parking, lighting, building facades, landscaping, buffering, circulation, or outdoor storage areas) other than signs, or the cumulative expansion of existing buildings by the greater of 25 percent of existing floor area or 800 square feet, the following standards shall be met in addition to the standards in subsection (e), above, prior to issuance of a certificate of occupancy or certificate of completion:

(1)

Access and parking.

(i)

Access that is nonconforming with regard to location shall be closed and access to the subject property brought into compliance with applicable provisions of this title and the city's engineering standards when alternative access that complies with the requirements of this title becomes available and serviceable to all of the number of parking spaces required by chapter 18.36. The director may waive this requirement if:

(A)

It renders an existing garage or carport inaccessible to vehicles;

(B)

The access does not materially affect the function of the street to which the access connects or the sidewalk that the access crosses;

(C)

The proposed site modification will not intensify the use of the nonconforming access, including, but not limited to, increasing the number of parking spaces that are accessible from the nonconforming access;

(D)

The director determines that the nonconforming access provides safer access to the subject property than any available conforming access.

(ii)

Nonconforming parking areas shall be refurbished to comply with section 18.36.033, 18.36.040, 18.36.041, 18.36.043, 18.36.044, and 18.36.045, and to stripe up to the number of parking spaces required section 18.36.020 or 18.36.032, to the maximum extent feasible while retaining existing building envelopes, providing for adequate stormwater drainage, and providing for compliant landscape and streetscape.

(2)

Lighting. All new and replacement lighting shall comply with chapter 18.34, community lighting standards.

(3)

Building façade.

(i)

Unless such compliance would constitute a radical departure from the existing architectural style and/or is changing less than 25 percent of the existing façade of the building, all changes to individual parts of the building façade shall comply with chapter 18.29 and/or 18.40, as applicable.

(ii)

If the value of proposed improvements exceeds 50 percent of the "actual land value" of the subject property according to the current records of the Jefferson County Assessor, then street-facing building façades shall be brought into compliance with chapter 18.29 and/or 18.40, as applicable.

(4)

Landscape strips. Landscape strips shall be brought into compliance with section 18.29.06.005.

(5)

Sidewalks. Sidewalks shall be brought into compliance with section 18.29.06.005.

(g)

Redevelopment. Redevelopment shall comply with all applicable standards set out in this title. Redevelopment of a nonconforming lot is subject to section 18.44.530.

(h)

Alternative compliance. The director shall be authorized to allocate the estimated costs for the level of site improvements required in subsections (e) or (f), above, to further enhance other nonconforming site features to maximize the functional benefit and aesthetics of the site. For example, the total estimated cost, or a portion thereof, to construct a new parking lot in compliance with subsection (f), above, may be allocated to enhance building design or street-side landscaping to a greater extent than otherwise required in subsection (f), above. The director's allocation of costs shall be subject to the standards and objectives in subsection (i), below:

(i)

Standards and objectives. The director shall allocate cost pursuant to subsection (h), above, in compliance with all of the following standards and objectives:

(1)

Cumulative costs. The cumulative cost of the site improvements authorized under subsection (h), above, shall not exceed the cost for the level of site improvements required to comply with subsections (e) and (f), as applicable.

(2)

Greatest overall improvement. The site improvements authorized under subsection (h), above, shall be allocated to provide the greatest overall improvement to the property and reduce existing external impact to the greatest extent possible.

(3)

Planning objectives. The director shall consider the following planning objectives in determining the allocation of site improvements under subsection (h), above:

(i)

Further goals and polices in the comprehensive plan and any applicable neighborhood plan;

(ii)

Improving landscaping and buffering as viewed from state highways, arterial and collector streets;

(iii)

Mitigating lighting impact by retrofitting existing lighting with shielded, full cut-off fixtures;

(iv)

Achieving a unified building design for existing and proposed building facades facing state highways, arterial and collector streets; and

(v)

Screening utilities or mechanical equipment visible from state highways, arterial and collector streets.

(4)

Director discretion. The director may grant variations to or waive compliance with the standards in this section when existing site constraints make compliance demonstrably impracticable.

(Ord. No. 2228, § 12, 2-13-2024)

If a subject property contains more dwelling units than are allowed by standards that are applicable to the subject property and the building or buildings in which the dwelling units are located or the building or buildings do not conform to a form type allowed in the form zone overlay, then the building or buildings may be expanded or extended or other structures added as may be otherwise allowed by this title, but no new dwelling units shall be created, and no new bedrooms shall be created unless the number of parking spaces available to the subject property conforms to the requirements section 18.36.025, 18.36.030, or 18.36.032, as applicable.

(Ord. No. 2228, § 12, 2-13-2024)

(a)

Generally.

(1)

Nonconforming lot used for single-household detached dwelling unit. See section 18.44.130(a) and (b).

(2)

Nonconforming lot used for other purposes. If a nonconforming lot is proposed to be used for purposes other than a single-household, detached dwelling unit, the director shall determine whether, based on a sketch site plan presented by the applicant, the lot is of suitable area and dimensions for the proposed use. The director shall deny an application (even for a use by right) if the director determines that there is insufficient lot area for construction of the proposed building or conduct of the proposed use, or that safe ingress to and egress from the lot for the proposed use is compromised by the lot's dimensions, and that improvements within the right-of-way are infeasible or would be insufficient to mitigate the safety hazard.

(b)

Combination required. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on the effective date, and part or all of the lots do not meet the requirements of the zone district in which they are located as to minimum area or frontage or both, the lands shall be considered for the purpose of this title to be an undivided parcel, and no portion of the parcel shall be sold or used in a manner that diminishes compliance with lot width and area requirements established by this title.

(Ord. No. 2228, § 12, 2-13-2024)