The zones applied within the City after the effective date of this code may cause some existing lots of record to be non-conforming lots in the zone in which they are located. The purpose of this chapter is to permit certain non-conforming lots to be developed provided all use, setback, and other applicable standards can be met.

A.    The Planning Director, without giving notice, shall make a determination regarding the non-conforming lot status.

B.    Upon application and payment of fees, the determination by the Planning Director of the non-conforming lot of record status may be appealed to the Planning Commission sitting as a fact-finding body pursuant to CDC 103.040.

C.    A petition for review by the Council sitting as a fact-finding body may be taken pursuant to CDC 103.080.

A.    A substandard lot of record in any residential zoning district except the Willamette Historic District, as regulated in Chapter 25 CDC, may be developed for a use allowed within the applicable zone provided:

1.    The lot is 5,000 square feet or greater in size; except in the R-5, R-4.5 and R-2.1 zones in which case the minimum lot sizes shall be 4,500, 4,000 and 4,000 square feet, respectively; and

2.    All single-family dwellings shall have a hard-surface paved driveway at least 10 feet wide.

3.    All applicable code provisions including lot dimensional requirements are met except for single-family detached or attached dwellings in the R-10, R-7, R-5, R-4.5, R-3 and R-2.1 zones where the following lot dimensional requirements shall apply:

a.    The minimum front lot line shall be 30 feet.

b.    The average minimum lot width shall be 35 feet.

c.    The minimum average lot depth shall be 80 feet.

d.    The minimum front yard shall be 18 feet except for steeply sloping lots in which case the provisions of CDC 41.010 shall apply.

e.    The minimum interior side yard for the principal structure including all protrudances shall be three feet.

f.    The minimum side yard abutting street shall be 13 feet.

g.    The minimum rear yard shall be 15 feet.

4.    Variances have been granted under the provisions of Chapter 75 CDC for Class II variances.

5.    The following improvement standards are satisfied:

a.    Streets. The streets shall have a hard, all-weather surfacing of either asphaltic concrete or Portland cement, laid over a sub-base of not less than six inches of crushed rock. Said street shall be at least 12 feet in width or not less than the width of the existing street improvements onto which the proposed improvements will connect. The improvements shall extend through the driveway.

b.    Water. The City Engineer shall review the proposal and require a system that will deliver adequate domestic use and acceptable protection facilities and flows. The City shall participate in costs when oversizing pipes above six inches in diameter is required.

c.    Power, phone, cable, gas. Each utility shall address its own requirements as needed. The City strongly suggests underground power, phone, and cable where field conditions allow. Street lights shall be the City’s option.

d.    Sanitary sewer. Each developed lot or parcel shall be connected to the sanitary sewer at developer cost. (Ord. 1308, 1991; Ord. 1408, 1998; Ord. 1636 § 46, 2014; Ord. 1675 § 51, 2018)