(A) Definition: A
LEGAL NONCONFORMING LOT OF RECORD is a lot that:
(1) 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
(2) Has remained in separate or individual ownership from such adjoining tracts of land continuously during the entire time since such lot became nonconforming by reason of this chapter or any predecessor zoning or other ordinance or regulation. For purposes of this section, a lot shall not be deemed to have been owned separately or individually unless the owner of such lot did not, directly or indirectly, have legal title to or a beneficial interest in the adjoining tracts of land at any relevant time.
(B) Authority To Use: 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, as follows:
(1) Residential Substandard Lots. A lot located in a residential district that does not contain sufficient area to conform to the dimensional requirements of this chapter, but is at least 50 feet wide and 6,000 square feet in area, may be used as a single building site provided that:
(a) The use is permitted in the zoning district.
(b) The lot is a lot of record in the Lake County Recorder of Deeds Office prior to the effective date of this chapter (February 27, 2017).
(2) Nonresidential Substandard Lots. A lot located in a nonresidential zoning district that does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site provided that the lot is a lot of record in the Lake County Recorder of Deeds Office prior to the effective date of this chapter (February 27, 2017).
(3) Setback And Yard Requirements. Substandard lots granted permits under this chapter are required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated in division (A) of this section will be issued only after a variance is granted.
(C) Contiguous Nonconforming Lots: Where 2 or more lots of record or combination of lots and portions of lots of record with continuous frontage are developed as a single zoning lot under single ownership or unified control, are of record at the time of passage or amendment of this chapter, and where all or part of the lots do not meet the requirements established for lot widths and area, the lots involved shall be considered to be a single zoning lot for the purpose of this chapter. No portion of the zoning lot shall be used or sold which would diminish compliance with the lot width and area requirements established by this chapter for the district in which the lots are located, and no building permit shall be issued for development on any such nonconforming lot.
(Ord. 17-2-2065, passed 2-27-2017)