A nonconforming parcel of record that does not comply with the access, area, or width requirements of these Regulations for the zoning district in which it is located shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
A. Approved Subdivision. The parcel was created through a recorded subdivision map or a certificate of compliance;
B. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land use regulation that made the parcel nonconforming;
D. Partial Government Acquisition. The parcel was created in compliance with the provisions of these Regulations, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the yard facing any public right-of-way was decreased not more than 50 percent.
Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, setbacks, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of these Regulations, or in any way that makes the use of the parcel more nonconforming.
(Ord. 2185)