(A) Legal building site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of the zoning code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(1) Approved subdivision. The parcel was created by a recorded subdivision;
(2) Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
(3) Variance or lot line adjustment. The parcel was approved through a variance procedure or resulted from a lot line adjustment; or
(4) Partial government acquisition. The parcel was created in compliance with the provisions of this zoning code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20% and the yard facing a public right-of-way was decreased not more than 50%.
(B) Subdivision or lot line adjustment.
(1) No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.
(2) No subdivision or lot line adjustment shall be approved for a parcel that contains a nonconforming use on the parcel.
(Ord. 2163-C-S, passed 3-12-19)