1123.09  NONCONFORMING LOTS.
   On the effective date of the Code, or any amendment thereto, a lot of record that does not comply with the minimum area or width requirements of the zoning district in which the lot is located shall be designated as a nonconforming lot.
   A change in the use thereof is subject to the following:
   (a)   A Non-Conforming Building on a Lot of Record.
      (1)   Existing Building on a Nonresidential Lot.  A building on a non-conforming, non-residential lot may be repaired, improved or altered, but the floor area thereof shall not be increased unless the enlarged section complies with the requirements of the zoning district in which it is located and other requirements of the Code.
      (2)   Existing Dwelling on a Residential Lot. A dwelling on a non-conforming residential lot may be repaired, improved or altered, but the floor area thereof shall not be increased unless the enlarged section complies with the Code. 
         A.   A structural alteration or extension of a residential structure which does not reduce the nonconforming lot size, setbacks or width shall be permitted upon approval of the Community Development Administrator.
         B.   The number of dwelling units on a non-conforming lot shall not be increased unless all dwelling units comply with the minimum lot size, width and setback restrictions and all other Code requirements.
   (b)   Vacant Nonconforming Lot of Record. 
      (1)   Nonconforming Lot of Record in a Residential Zoning District.  A nonconforming lot in a Residential Zoning District that is not owned by the same person or persons who own the lots with contiguous frontage thereto may be developed as a single-family detached dwelling site.
         A.   A dwelling or accessory use on a lot which does not conform to the minimum lot size, lot width and side setback of 5 feet or more in the zoning district in which it is located shall otherwise comply with the Planning and Zoning Code. A variance is required from all other zoning district requirements.
         B.   Development of a non-conforming lot  shall proceed in compliance with the requirements of Section 1111.305  (Construction Documents: 1 & 2 Family Dwellings).
      (2)   A vacant nonconforming lot in a non-residential district which does not conform with minimum lot size and lot width requirements may be developed for any permitted use in the zoning district in which it is located so long as the development otherwise complies with the requirements of the zoning district.  No use that requires a minimum lot size greater than the size of the nonconforming lot shall be permitted.  Development shall proceed in compliance with requirements of Chapter 1111.
         (Ord. 2635.  Passed 1-13-11; Ord.  3040.  Passed 12-13-18.)