A vacant lot or parcel of land, nonconforming as to use or dimension (area or yard) and existing lawfully at the time this Planning and Zoning Code or amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located is a nonconforming use of land, and such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Expansion of Use. The nonconforming use of a lot, or part thereof, shall not be expanded or extended onto other parts of the lot.
(b) Discontinuance of Use. If the nonconforming use of a lot, or part thereof, is discontinued for a continuous period of one year, any future use of such lot, or part thereof so discontinued, shall be in conformity with the use regulations of the district in which it is located.
(c) Insufficient Size. A vacant lot of record which does not comply with the area and/or width requirements of the district in which it is located on the effective date of this Planning and Zoning Code or any amendment thereto may be used as follows:
(1) Single lots. If a vacant nonconforming lot does not adjoin another lot with continuous frontage and under common ownership on the effective date of this Code or applicable amendment thereto, such lot may be developed provided that such development complies with all regulations of this Planning and Zoning Code except those pertaining to lot width and area.
(2) Lots in combination. If a vacant nonconforming lot adjoins one or more lots with continuous frontage and in common ownership on the effective date of this Code or applicable amendment thereto, such lot shall be replatted to create conforming lots as a prerequisite for development. Transfer of one or more of such lots to a third party, in order to avoid the requirements of this paragraph, shall result in a determination that the lots remain in common ownership. However, if replatting of such lots cannot be effected reasonably without resulting in an average lot width or area less than the minimum required for the district, the Planning and Zoning Commission may reduce such width and area requirements by not more than ten percent (10%).
(Ord. 2019-39. Passed 8-13-19.)