Nonconforming lots of record.
a.
General. No development shall be established on a nonconforming lot of record except in accordance with the standards in this section.
b.
Structures on nonconforming lots. Nonconforming structures legally established on a nonconforming lot of record before January 1, 2025 may be continued, enlarged, or redeveloped only in accordance with the standards in section 25-193.
c.
Combination of lots to eliminate nonconformity.
1.
If a vacant nonconforming lot of record with a width of less than fifty (50) feet or an area of less than five thousand (5,000) square feet that is located in any zoning district in which single-family dwellings are permitted abuts another lot of record (whether conforming or nonconforming) held in the same ownership, the lots shall be combined or recombined to create one or more conforming lots, or lot(s) that are less nonconforming with approval of the zoning board of adjustment.
2.
If two (2) or more lots of record or combination of lots of record and portions of lots with continuous frontage in single ownership are of record, all or part of which does not measure at least fifty (50) feet in width and at least five thousand (5,000) square feet in area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area standards established by this ordinance, nor shall any division of the parcel be made which creates a lot with width or area below the requirements stated in this ordinance.
d.
Requirements.
1.
In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record (not subject to c above), if it complies with the other dimensional standards of the zoning district in which it is located. If the other dimensional standards do not comply, a variance must be obtained through approval of a variance permit in accordance with section 25-43, variance.
2.
Any vacant lot cannot be sold or built upon if the action will create a setback violation on an adjacent lot of record under the same ownership, unless prior approval is granted by the zoning board of adjustment. (Lots of record purchased prior to January 1, 2025 are exempt from this requirement).
3.
In any zoning district in which duplexes are permitted, a duplex may be built on a nonconforming lot of record which was of record on January 1, 2025 which is at least sixty-five (65) feet wide and six thousand five hundred (6,500) square feet in area, if it complies with other dimensional standards of the zoning district in which it is located.
4.
If the nonconforming lot is in a zoning district where nonresidential uses are permitted and can be used in conformity with all of the regulations applicable to the intended use, except the lot of record is smaller than the required minimums in the zoning district, then the lot may be used as proposed. However, no use that requires a greater lot size than the established minimum lot size for a particular zoning district is permitted on a nonconforming lot.
(Ord. No. 9572, § 2, 12-17-24)
Nonconforming lots of record.
a.
General. No development shall be established on a nonconforming lot of record except in accordance with the standards in this section.
b.
Structures on nonconforming lots. Nonconforming structures legally established on a nonconforming lot of record before January 1, 2025 may be continued, enlarged, or redeveloped only in accordance with the standards in section 25-193.
c.
Combination of lots to eliminate nonconformity.
1.
If a vacant nonconforming lot of record with a width of less than fifty (50) feet or an area of less than five thousand (5,000) square feet that is located in any zoning district in which single-family dwellings are permitted abuts another lot of record (whether conforming or nonconforming) held in the same ownership, the lots shall be combined or recombined to create one or more conforming lots, or lot(s) that are less nonconforming with approval of the zoning board of adjustment.
2.
If two (2) or more lots of record or combination of lots of record and portions of lots with continuous frontage in single ownership are of record, all or part of which does not measure at least fifty (50) feet in width and at least five thousand (5,000) square feet in area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area standards established by this ordinance, nor shall any division of the parcel be made which creates a lot with width or area below the requirements stated in this ordinance.
d.
Requirements.
1.
In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record (not subject to c above), if it complies with the other dimensional standards of the zoning district in which it is located. If the other dimensional standards do not comply, a variance must be obtained through approval of a variance permit in accordance with section 25-43, variance.
2.
Any vacant lot cannot be sold or built upon if the action will create a setback violation on an adjacent lot of record under the same ownership, unless prior approval is granted by the zoning board of adjustment. (Lots of record purchased prior to January 1, 2025 are exempt from this requirement).
3.
In any zoning district in which duplexes are permitted, a duplex may be built on a nonconforming lot of record which was of record on January 1, 2025 which is at least sixty-five (65) feet wide and six thousand five hundred (6,500) square feet in area, if it complies with other dimensional standards of the zoning district in which it is located.
4.
If the nonconforming lot is in a zoning district where nonresidential uses are permitted and can be used in conformity with all of the regulations applicable to the intended use, except the lot of record is smaller than the required minimums in the zoning district, then the lot may be used as proposed. However, no use that requires a greater lot size than the established minimum lot size for a particular zoning district is permitted on a nonconforming lot.
(Ord. No. 9572, § 2, 12-17-24)