(A) Generally. A nonconforming lot is a lot that was lawfully created before the effective date of this Zoning Ordinance or amendments this Zoning Ordinance that no longer complies with the lot width, lot area, or access requirements of this Zoning Ordinance.
(B) Combination of lots to increase conformity.
(1) Combination. Where a property owner owns one or more lots abutting a nonconforming lot of record, the lots shall be combined to create fully conforming lots prior to any other development application submittal for the property. Or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
(2) No combination. A property owner is not required to combine lots pursuant to division (B)(1), above, if:
(a) The combination of lots would not address the nonconformity;
(b) The combination of lots would disrupt the lot pattern of the street, for example, by creating an internal through on a street segment that does not include any other through lots;
(c) Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down or the property undergo a zone change in order to comply with this Zoning Ordinance; or
(d) The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape, such as a flag lot.
(C) Construction on nonconforming lots of record. A nonconforming lot of record that cannot be combined with another lot in accordance with division (B) of this section may be built upon if, as of the effective date of this Zoning Ordinance:
(1) Permitted use. The use is permitted in the zoning district in which the lot is located;
(2) Sufficient width. The lot has sufficient width on a public street to provide access that is appropriate for the proposed use; and
(3) Setbacks and height. All setbacks and height requirements are met, except that the Zoning Administrator may authorize a reduction of required setbacks of up to 10%, in accordance with Subsec. 156.J.004.7, Administrative Adjustment, provided that the Zoning Administrator finds that the reduction does not allow a building that would be larger than a building that would be permitted on the minimum conforming lot in the zoning district.
(Ord. 15039, passed 4-11-2022)