§ 138-211. Nonconforming lots and parcels.

A nonconforming lot/parcel is a property that does not meet the minimum requirements of code, but was lawful at the time it was established. The following standards and requirements apply to verified nonconforming lots/parcels.

(a)

Lot/parcel use. A verified nonconforming lot or parcel may be used for development subject to compliance with all other district standards (e.g., setbacks, buffers, intensity/density, and allowable use(s)).

(1)

Modifications may be made to existing structures on a nonconforming lot/parcel; however, additions and expansions shall comply with district standards.

(2)

Nonconforming residential lots shall be permitted at least one dwelling unit in situations where the property's density allowance, pursuant to its future land use classification, is less than one.

(b)

Lot/parcel modifications. Lots/parcel dimensions may be modified or reconfigured in a manner that retains the existing nonconforming characteristic(s) and/or results in a situation that improves compliance with the minimum lot/parcel standards of Code. The lot/parcel dimensions shall not be modified or reconfigured in a manner that will further reduce compliance to the minimum lot/parcel standards of code. An exception is allowed for eminent domain actions.

(c)

If at any time the owner of a nonconforming parcel or lot owns adjoining unimproved land then the lots or land shall be combined to meet the minimum requirements of this Code.

(d)

The board of adjustment and appeals may grant a variance to allow a nonconforming lot that is under common ownership with an adjoining lot to build upon if the following standards are met:

(1)

The lot consists of at least one entire lot of record on the effective date of this Code.

(2)

The lot was not created in violation of a previous zoning ordinance.

(3)

The lot was not combined with a neighboring lot under common ownership in order to allow the existing improvements on the neighboring developed lot to meet applicable setbacks. It is recognized that the neighboring developed lot may become non-conforming and may require future variances to re-build, expand, or alter the property.

(4)

A variance may not be granted under this section if it will reduce the area or width of a non-conforming lot.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)