A lot of record that, on the effective date of this Zoning Code, or any amendment thereto, does not comply 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 Buildings on Lots of Record.
(1) Existing Building on a Nonresidential Lot. If the lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(2) 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 shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
A. Structural alterations or extensions of a residential structure which is nonconforming only by reason of lot size or lot width shall be permitted upon approval of the Planning and Zoning Administrator.
B. The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.
(b) Vacant Single Nonconforming Lot of Record.
(1) Single Nonconforming Lot of Record in a Residential District. A nonconforming lot in a Single-family Residential District that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a single-family dwelling and customary accessory buildings.
A. Such dwelling and its accessory uses shall comply with all regulations of this Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
B. Review and approval of development on such lots of record shall be conducted according to the procedures set forth in Section 1246.07.
C. Variances of requirements from district regulations other than lot area or lot width shall be obtained through action of the Board of Zoning Appeals as provided in this Chapter.
(2) A vacant nonconforming lot in a Multi-family or non-residential district may be used for any use permitted in the district in which it is located when the development of such lot meets all requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements.
No use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a nonconforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Chapter 1246.
(c) Lots in Combination. If a vacant nonconforming lot in any district adjoins one or more lots in common ownership on the effective date of this Zoning Code, or applicable amendment thereto, such lots shall be replatted to create conforming lots as a prerequisite for development.
(Ord. 8-13. Passed 5-14-13.)