§ 156.061  NONCONFORMING LOTS.
   (A)   General requirement.  Building permits may be issued for any principal or accessory structure (allowed in the subject zoning districts) without being brought into conformance with lot area or lot width. However, the property shall conform to all other bulk regulations.
   (B)   Continuation and use of substandard lots of record.  A principal structure may be constructed and maintained if it is on a lot not less than 50 feet in width, meets the yard requirements specified in division (C) below, and the property is comprised entirely of one tract of land that meets all of the following standards:
      (1)   Has less than the prescribed minimum lot area, width or both (excepting that lot width in the R-O District may not be less than 50 feet for this standard to apply);
      (2)   Is shown by a recorded plot or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of that size or width at that location would not have been prohibited by any zoning code; and
      (3)   Has retained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of the lot has been prohibited by the applicable zoning code.
   (C)   Yard requirements for nonconforming lots in R-O and R-1 Zoning Districts.  Construction permitted under division (A) shall comply with all the regulations, except the following yard requirements may apply in place of the front and side yard requirements otherwise applicable.
      (1)   The front yard setback line shall be established as the mean of the front yard setback of the buildings on the adjacent lots. However, in no case shall a detached accessory structure be built closer to the front property line than the front of an existing principal structure; nor shall a new principal structure be built closer to the front property line than the front of a previous principal structure destroyed (or removed) and being replaced.
      (2)   On a corner lot, there shall be a minimum setback equal to the setback on the adjacent lot, but not less than 20 feet.
      (3)   The garage for a residence should have a minimum front yard or corner side yard setback of 20 feet.
      (4)   In residential and commercial zones (except for C-4), required side yards of principal buildings shall be not less than 10% of the width of the lot, and in no case shall that require side yards of principal buildings be less than six feet in width.
   (D)   Nonconforming lots in zoning districts other than the R-O and R-1 Zoning Districts.  Construction shall be permitted on lots that do not meet requirements for lot width, lot area, or both for the zoning district in which they are located, provided that the measured nonconforming dimension for lot area or width is within 95% of the established standard.
   (E)   Construction on lots less than 50-feet wide.  Construction on any lot having a width less than 50 feet may be permitted only upon securing a variation for the proposed development. As part of the variation process, the Zoning Administrator shall review proposed designs for construction to confirm that plans are reflective of the context of the surrounding area and the unique and historic character of the nearby area and the city. Review of exterior design would only be considered as part of PZC deliberations should the applicant wish to appeal the determination of the Zoning Administrator, or if the Zoning Administrator determines that a determination about appropriate design is best addressed by considering such a variation. The PZC shall consider and establish as conditions any appropriate design guidelines as provided in this chapter as it may find necessary for the variation request to be in keeping with the standards for a variation and the character of the surrounding area.
(Ord. 21-016, passed 8-18-21)