A nonconforming parcel of record that does not comply with the access, area, or width requirements of this Title for the zoning district in which it is located, shall be considered a legal building site, if it meets at least one of the criteria specified by this Section.
A. Applicability. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
1. Approved subdivision. The parcel was created through a subdivision approved by the City;
2. Variance or lot line adjustment. The parcel was approved through the Variance procedure, in compliance with Chapter 17.550 (Variances and Administrative Modifications), or resulted from a lot line adjustment; or
3. Partial government acquisition. The parcel was created in compliance with the provisions of this Title but was made nonconforming when a portion of the parcel was acquired by a governmental entity; including dedications required as a Condition of Approval for development.
B. Further Division or Reduction of Parcel - Prohibited. 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 and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Title, or to make the use of the parcel more nonconforming.
C. Administrative Modification. A nonconforming parcel may be granted an administrative modification pursuant to CCMC Chapter 17.550 provided administrative modification findings stipulated in CCMC § 17.550.020.A. can be made. An administrative modification approval shall not be considered an expansion of a legal nonconformity.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2019-004 § 2 (part); Ord. No. 2024-006)