A lot of record is defined as a lot or parcel, created on or before September 17, 1974, which met all zoning and subdivision requirements at the time of creation but which does not meet the current requirements of this section, the City of Umatilla subdivision regulations, or any other provision of the City Code.

A lot of record will be granted a building permit for a single-family dwelling unit in accordance with the zoning requirements at the time of application if the requirements of (a) and (b) are met:

(a)

Street Requirements. The lot of record must have road frontage on:

(1)

A public maintained road, or

(2)

Be located on a unmaintained street, of which more than fifty (50) percent of the lots on that unmaintained street are owned by different individuals as of November 1, 1985. Two (2) or more lots shall not be deemed as owned by different individuals when:

a.

When one lot is owned directly or indirectly, by the spouse of the other lot owner.

b.

When one lot is owned directly or indirectly, by or for a partnership, trust or estate of which the other lot owner is a partner or beneficiary.

c.

One lot owner owns fifty (50) percent or more in value of the stock of the corporation that owns, directly or indirectly, the other lot.

(3)

For purposes of this section, the applicant shall have the burden to show that he or she meets or is exempt from the criteria set forth herein. Any adverse decision may be appealed to the board of adjustment.

(b)

Lot size requirements. All lots of record must contain a minimum of twelve thousand five hundred (12,500) square feet of usable land unless either of the following apply:

(1)

The lot does not require an individual sewage disposal system as defined in Chapter 10D-6 of the Florida Administrative Code or an individual water system as defined in Chapter 10D-4 of the Florida Administrative Code, or

(2)

The lot contains not less than eight thousand (8,000) square feet of usable land and is served by a public water system as defined in Chapter 403.852 of the Florida Statutes and Chapter 10D-4.18 of the Florida Administrative Code.

(c)

Exceptions. Lots of records are exempt from the requirements of (a) and (b) if:

(1)

A single-family dwelling unit existed on the lot on November 1, 1985.

(2)

The lot has been granted a variance by the planning and zoning coordinator or the board of zoning appeals.

60-362.1. A lot shall not be considered a lot of record when sold under contract until the contract or deed is duly recorded in the records of the clerk of the circuit court of Lake County, Florida, and meets the other requirements of this section.

60-362.2. The city clerk may grant an administrative variance from the street and lot size requirements contained in section 60-362 if the following conditions exist:

(a)

As to street requirements.

(1)

If an individual as defined above only owns one lot of record of any size fronting on an unmaintained street; or

(2)

If fifty (50) percent or more of the individual lots located on an unmaintained street are developed; or

(3)

If contiguous individual lots have been aggregated into one lot, and the individual does not own any other lots on the street.

(b)

As to lot size requirements.

(1)

If seventy-five (75) percent or more of the lots on a street or subdivision are developed with each lot containing less than twelve thousand five hundred (12,500) square feet.

(2)

If physical and development patterns exist that prevent the aggregating of lots to meeting the twelve thousand five hundred (12,500) square foot requirements.

60-362.3. In those areas where a lot of record exists which met the zoning minimums at the time of creation but does not presently meet the requirements of section 60-362, the applicant may apply to the board of adjustments for a variance. The board of adjustments will consider the development patterns and ownership of adjacent lots in the area in determining the granting of a variance.

60-362.4. Subject to the requirements set forth above, a single-family structure may be constructed on any nonconforming lot in any residential district if the lot is less than the minimum area required for building lots in the residential district in which it is located providing the following conditions exist and are met:

(a)

Availability of adjacent vacant land. No structure shall be erected on any nonconforming lot if the owner of the lot owns any adjoining vacant land which would create a conforming lot if the vacant land was combined with the nonconforming lot.

(b)

Side yards. No structure shall be erected on a nonconforming residential zoned lot unless it shall have a minimum side yard of five (5) feet, or in the case of commercial structures, a minimum side yard as stipulated in the zoning regulations of divisions 9, 10, 11, and 12 of Article III.

(c)

Front and rear yards. No structure shall be constructed on a nonconforming lot unless it shall have a front and rear yard conforming to the minimum required for the residential or commercial districts in which it is located.

(Ord. No. 1974-C, § 90.11, 9-17-74; Ord. No. 1985-2, 11-19-85)