In any zoning district, a legal nonconforming lot of record may be used for any use permitted in the district in which it is located if, but only if, the following requirements are met:
A. Such lot must have a total lot area and must have a total lot width of at least sixty five percent (65%) of the lot area and lot width required in the district in which said lot is located, as follows:
DISTRICTS1
R-1/2 | R-3 | R-4 | R-5 | R-6 | B-1 | B-2 | B-3 | |
Area (sq. ft.) | 26,000 | 13,000 | 9,750 | 5,612 | 6,500 | 13,000 | n/a | 28,314 |
Width (ft.) | 97.5 | 65 | 58.5 | 46 | 48.75 | 65 | n/a | 97.5 |
O-1 | O-2 | O-3 | I | OS | IB | LP | |
Area (sq. ft.) | n/a | 6,500 | 28,314 | 13,000 | 9,750 | 9,750 | n/a |
Width (ft.) | n/a | 48.75 | 97.5 | 65 | 58.5 | 58.5 | n/a |
Note:
1. These figures represent 65 percent of the district requirement in every district except the R-5 district.
B. The development of such lot meets at least seventy five percent (75%) of the side yard and rear yard requirements of the district in which it is located, as follows:
DISTRICTS
R-1/2 | R-3 | R-4 | R-5 | R-6 | |
Side | 11.25 | 7.5 | 7.5 | 7.51 | 5.25 |
Rear | 37.5 | 22.5 | 22.5 | 22.5 | 22.5 |
B-1 | B-2 | B-3 | |
Side | 7.5 | n/a | 11.25 |
Rear | 18.75 | n/a | 22.5 |
O-1 | O-2 | O-3 | |
Side | 7.5 | 7.5 | 11.25 |
Rear | 18.75 | 18.75 | 22.5 |
I | OS | IB | LP | |
Side | 15 | 7.5 | 7.5 | n/a |
Rear | 18.75 | 18.75 | 18.75 | n/a |
Note:
1. The side yard standard shall be 5.25 feet in the R-5 district for lots less than 10,000 square feet developed prior to 1991.
C. The development of such lot meets all requirements of the district in which it is located, including, without limitation, floor area ratio, lot coverage, and front yard requirements, except lot area and width requirements and side and rear yard requirements.
D. Such lot is shown by a recorded plat or deed to have been a lot of record owned separately or individually from adjoining tracts of land at a time when the creation of a lot of such size, depth, and width at such location would not have been prohibited by any zoning or other ordinance or regulation and that said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time since such lot became nonconforming by reason of this zoning code or any predecessor zoning or other ordinance or regulation. For purposes of this subsection, a lot shall not be deemed to have been owned separately and individually unless the owner of such lot did not, directly or indirectly, have legal title to or enjoy the beneficial interest in the lot or lots contiguous thereto at any relevant time. (Ord. 2013-12-944, 1-6-2014)