(A) Definition. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ILLEGAL NONCONFORMING LOT. Any lot which does not conform with the minimum regulations of the zoning district in which it is located shall be deemed an ILLEGAL NONCONFORMING LOT when:
(a) Such lot is not in conformance with current zoning standards and was established at a prior date at which time was not in conformance with applicable standards; or
(b) Such lot was created and conveyed outside the process of platting, and cannot be platted because it violates the minimum standards set forth by the zoning district standards.
LEGAL NONCONFORMING LOT. Any lot which does not conform with the minimum regulations of the zoning district in which it is located shall be deemed a NONCONFORMING LOT when:
(a) Such lot is not in conformance with current zoning standards but was legally established at a prior date at which time was in conformance with applicable standards; or
(b) Such lot was in lawful existence at the time of the passage of this chapter on August 23, 2021; or
(c) Such lot is a lawful lot at the time of the adoption of any amendment to this chapter but by such amendment is placed in a district wherein such lot is not otherwise permitted.
(B) General.
(1) Newly established nonconforming lots shall not be created for any reason with the following exception: A nonconforming lot, granted through a variance or planned development process by the respective approval authority, shall not constitute the creation of a legal nonconforming lot and shall be considered conforming.
(2) It is the intent of this subchapter to permit such nonconforming lots to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.
(3) The burden of proof and of establishing nonconforming rights shall be borne by the owner or proponent of such nonconformity.
(C) Use and construction on a nonconforming lot.
(1) Construction of a residence and its accessory structures on a legal nonconforming lot shall be permitted as conforming structures under the following conditions:
(a) The property is a platted lot of record and zoned for that use.
(b) The construction of said residence shall adhere to all dimensional standards of its zoning district, with the exception of minimum square footage.
(c) The lot can not be rezoned to a district that would satisfy all minimum lot standards for that lot.
(2) Construction of a residence and its accessory structures on an illegal lot is prohibited.
(D) Termination of nonconforming lot. When a legal or illegal nonconforming lot is changed to a conforming lot by re-zoning, its nonconforming status shall be terminated.
(Ord. O-21-951, passed 11-15-2021)