No use or structure shall be established on a non- conforming lot of record, except in accordance with the standards in this section.
(A) Status of structures on non-conforming lots.
(1) Conforming structures legally established on a non-conforming lot prior to 3-2-2009 may be continued, enlarged, extended, reconstructed or structurally altered in any way that is in conformance with the standards of this chapter.
(2) Non-conforming structures legally established on a non-conforming lot prior to the effective date of this chapter may be continued, enlarged or redeveloped only in accordance with the standards in § 152.112 of this chapter.
(B) Development of unimproved lots.
(1) Residential districts. In the residential zoning districts, notwithstanding limitations imposed by other provisions of this chapter, a single-family detached dwelling and customary accessory structures may be developed on any single lot of record existing on 3-2-2009. This provision applies even if the lot of record fails to comply with the standards for area or width in § 152.134 of this chapter. Development of a single-family detached dwelling on the lot of record shall comply with the other standards in § 152.134 of this chapter, to the maximum extent practicable.
(2) Non-residential districts. In the non- residential zoning districts, notwithstanding limitations imposed by other provisions of this chapter, a permitted use may be developed on any single non- conforming lot of record existing on 3-2-2009, or the date the lot of record became non-conforming, subject to review and approval of a special use permit. This provision shall apply even though the lot of record fails to comply with the standards for lot area that are applicable in the zoning district. In considering the application for a special use permit, the Board of Adjustment shall ensure the design and location of the proposed use is compatible with surrounding uses. Development of the permitted use on the lot of record shall comply with the other standards in § 152.134 of this chapter, to the maximum extent practicable.
(3) Recombination required. In the event that a vacant non-conforming lot is located adjacent to a lot under common ownership, and the adjacent lot has sufficient size to allow for a lot line adjustment as a means of bringing the vacant lot closer into conformity with the requirements of the zoning district where its located, then such lot line adjustment shall be required as a condition of approval for development on the vacant non-conforming lot.
(C) Development of improved lots in residential districts after casualty. If a legally established single-family attached or detached use is destroyed by casualty on a non-conforming lot in a residential zoning district that was part of a subdivision or division of land evidenced by plat or deed, or both, recorded prior to 3-2-2009, an identical replacement use may be reconstructed within the same footprint as the use destroyed by casualty even though the lot does not meet the minimum lot area or lot width requirements.
(D) Governmental acquisition of land in a residential district. Governmental acquisition of a portion of a lot for a public purpose that results in a reduction in lot width and/or lot area below that required in § 152.134 of this chapter shall not render the lot non-conforming.
(E) Change of non-conforming lot. A non- conforming lot may be increased in area, width or both, through a lot line adjustment in accordance with the requirements of the recombination plat procedures, to make the lot less non-conforming.
(Ord. passed 3-5-2018)