(A) Single lot of record with lot area and/or lot width nonconformity.
(1) When an undeveloped lot has an area or width which does not conform to the dimensional requirements of the district where located, but the lot was approved and of record at the time of adoption of the UDO or any subsequent amendment which renders the lot nonconforming, then the lot may be used for a use permitted in the district where located, provided that the setback dimensions and other requirements, except area or width, are complied with.
(2) In residential zones, only a single-family detached dwelling shall be permitted on the nonconforming lot.
(3) Nothing contained herein exempts a lot from meeting the applicable provisions of the City Public Services Department or the County Environmental Health Department regulations.
(B) Lots with contiguous frontage in one ownership.
(1) When two or more adjoining and vacant lots of record with contiguous frontage are in one ownership at the time of the adoption of the UDO or subsequent to adoption and the lots individually have a lot area or lot width which does not conform to the dimensional requirements of the district where located, the lots shall be combined to create one or more lots that meet the standards of the district where located.
(2) Nothing contained herein exempts the contiguous lots considered as a single buildable lot or lots from meeting the applicable provisions of the City Public Services Department or the County Environmental Health Department regulations.
(C) Reduction of a lot of record. A lot of record reduced to less than the required area, width or setback dimensions as the result of a condemnation or purchase by a local or state government agency shall become a nonconforming lot of record.
(D) Lot of record with setback nonconformity. When the use proposed for an undeveloped nonconforming lot is one that is conforming in all other respects except that the applicable setback requirements cannot reasonably be complied with, then the entity authorized by the UDO to issue a permit for the proposed use (the Zoning Administrator, Board of Commissioners or Board of Adjustment) may allow deviations from the applicable setback requirements if it finds that:
(1) The property cannot reasonably be developed for the use proposed without the deviations;
(2) The deviations are necessitated by the size or shape of the nonconforming lot; and
(3) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.
(Ord. passed 7-25-2011)