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1266.07  NONCONFORMING LOTS; LOTS OF RECORD OF INSUFFICIENT AREA.
   A lot of record that does not comply on the effective date of this Planning and Zoning Code (Ord. 52-99, passed 3-22-99) or any amendment thereto with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
   (a)   Existing Dwelling on a Residential Lot.  If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building is not enlarged in floor area, unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
   (b)   Vacant Single Nonconforming Lot of Record on Improved Street.  When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area and/or lot width set forth in the district regulations and that the lot is located on a street in an existing platted subdivision where all improvements on the street have been completed and accepted by the City as of January 1, 2004, then the lot may be used as proposed just as if it were conforming, provided each of the following lot conditions are met:
      (1)   Identified with a separate permanent parcel number as of January 1, 2004.
      (2)   Has never been combined with another lot.
      (3)   Has a minimum street frontage of 35 feet.
      (4)   Does not contain any primary or accessory structure as of January 1, 2004.
      (5)   Is not in an R-1 Residential Zoning District.
   (c)   Vacant Single Nonconforming Lot of Record on Unimproved Street.  When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area and/or lot width set forth in the district regulations and that the lot is located on a street in an existing platted subdivision where no improvements on the street have been completed and/or accepted by the City as of January 1, 2004, then the lot may be used as proposed just as if it were conforming, provided each of the following lot conditions are met:
      (1)   The lot was of record on or before September 14, 1953 and the owner thereof at that time did not own any adjoining lot.
      (2)   No adjoining lot or adjoining parcel of land with continuous frontage was in the same ownership on the effective date of this Code, being Ord. 52-99, passed 3-22-99.
      (3)   No adjoining lot or adjoining parcel of land with continuous frontage is in the same ownership as a result of acquisition after the effective date of this revision of Ord. 52-99, passed 3-22-99.
      (4)   Is not in an R-1 Zoning District.
   (d)   Replatting Nonconforming Lots.  If replatting of adjoining nonconforming lots cannot be effected reasonably without resulting in an average lot width less than the minimum required for the district, such regulations may be modified by the Planning Commission to permit lots of less width, but not more than 10% narrower than required in the district in which the subdivision is located.
(Ord. 52-99.  Passed 3-22-99; Ord. 89-2004.  Passed 4-26-04.)