(A) Purpose. The city has been a leader in the development of planning controls in the metropolitan area. The city was developed and has continued to develop with agricultural lands and large parcels of land located north of 85th Avenue North. The city recognizes that certain parcels and lands were divided and developed prior to the adoption of modern subdivision and zoning ordinances and that certain residents are burdened with parcels of land too large for a normal homestead but too small to create a viable or economic agricultural unit. This section regulates parcels of land less than 20 acres. It is determined that parcels of land which meet the following criteria are eligible for a one time variance pursuant to procedures set forth in § 151.100:
(1) Are larger than five acres in size.
(2) Have a homestead constructed prior to January 1, 1974.
(3) Can be divided with a residue parcel at least five acres in size. The residue parcel as herein referred to and described must not be the parcel upon which the homestead is located.
(4) The parcel with the homestead structure must meet the zoning requirements of 13,500 square foot lot with 100 feet of street frontage and setback requirements for the district in which it is located.
(5) No more than one non-conforming use may be created.
(6) Homestead as used herein refers to a structure used as a dwelling and not to the tax status of the parcel.
(B) Variances and non-conforming use. Variances granted for the aforedescribed purpose will result in the creation of one non-conforming parcel containing a structure built prior to January 1, 1974 which meets the aforementioned requirements. The parcel is not considered as non-conforming in non-urban areas but rather than be required to meet all the requirements of the district in which it is located. No more than one variance will be granted for the purposes set forth in this section.
('72 Code, § 345:87) (Ord. 1977-254(A), passed 12-12-77)