6-8(E)   NONCONFORMING LOTS

A lot that does not meet minimum lot size or width requirements for the zone district where it is located, particularly Subsection 14-16-5-1(C)(2) (Contextual Residential Development in Areas of Consistency), may be used without a Variance if the lot was legally created and placed on the records of the County and the use of the property is permissive, has an approved conditional use, or is legally nonconforming. At least 1 of the following must also apply.

6-8(E)(1)   The existing structure(s) on the property is allowed or legally nonconforming.

6-8(E)(2)   Any new structure or outdoor use proposed for the lot meets all of the following provisions:

6-8(E)(2)(a)   Complies with the dimensional standards for the zone district where the lot is located to the maximum extent practicable.

6-8(E)(2)(b)   Does not exceed the maximum building height allowed in the zone district where the lot is located.

6-8(E)(2)(c)   Does not include any encroachments that would not be allowed pursuant to Table 5-1-4.

6-8(E)(3)   Lots legally nonconforming to minimum lot width or minimum lot size requirements in the R-MH zone district shall be developed governed by the R-ML zone district standards in all respects; no Variance is required for such development.