A. Continuation: A nonconforming lot may continue to be occupied and used although it may not conform in every respect with the dimensional requirements of this title, subject to the provisions of this section and any other applicable provision of this chapter.
B. Residential Zones: A new dwelling may be constructed on a legally established lot which is nonconforming as to area and frontage provided the dwelling conforms to all other requirements of this title and other applicable codes.
C. Nonresidential Zones: A new building may be constructed on a legally established lot which is nonconforming as to area, frontage and/or width provided the building conforms to all other requirements of this title and other applicable codes.
D. Lot With Existing Building Or Structure: If a nonconforming lot contains a legally established structure the owner may continue the legal use of such structure and may expand the structure so long as the expansion conforms to applicable requirements of this title. Residential structures located on a nonconforming lot may be enlarged or rebuilt provided that it meets the requirements of the underlying zone.
E. Illegal Lots: Any lot that does not meet the strict definition of a "zoning lot" as described in section 18.08.010 of this title, and has been created illegally, shall not be issued a building permit. Any home located on a lot that was created illegally, shall not be issued a building permit to expand, enlarge, or rebuild the home, or a building permit to construct an accessory building or structure. Any home or structure located on a lot that was illegally created prior to July 1992, may be granted the status of "nonconforming" by the Planning Commission with the following criteria and conditions of approval:
1. Ownership: The home must not be owned by the person(s) who created the illegal lot nor by anyone related to said person(s) either by blood or adoption to the fourth degree of consanguinity.
2. Setbacks: The creation of the illegal lot did not cause nonconformance to the setbacks of any structure located on the lot or adjacent lots.
3. Conditions: The planning commission may require that the property owner enter into a signed and recorded agreement stating that if the property that was split away from the parcel containing the existing home is developed, that the lot with the home must become a part of the development either by means of a subdivision lot or as allowed in title 17 of this code. If the lot is adjacent to property that has been improved to meet Mapleton City standards, including the installation of curb, gutter and sidewalk, the planning commission may also require the installation of those improvements, which may have been required when the property was divided or altered. Other conditions may include additional landscaping and/or any other items necessary to bring the property to current standards as directed by this code.
F. Accessory Buildings: Accessory buildings customarily incidental to a main building or structure may be constructed on a nonconforming lot provided the accessory building and its location on the lot meets all other applicable building and zoning requirements. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)
G. Boundary Line Adjustments: A legal nonconforming lot of record may be altered in size and configuration without losing its legal nonconforming status if the alteration is part of a boundary line adjustment to correct boundary overlaps, gaps or fence line disputes. (Ord. 2014-02, 1-7-2014, eff. 2-2-2014)