A. Definition. A nonconforming lot or parcel is a tract of land designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means that comply with the lot area, lot width, lot frontage and other dimensional standards of the zoning district in which it was located at the time of its creation, but that does not comply with the minimum lot area, lot frontage or other dimensional requirement of the zoning district in which it is now located.
B. Individual Lots or Parcels of Record.
1. An existing nonconforming lot or parcel of record may be used for a use allowed within the zoning district in which it is located, provided that the structure meets all district bulk and setback requirements. Non-conforming lots and portions of multiple non-conforming lots may be combined into a new non-conforming lot as long as the resulting lot is more conforming with respect to lot area, lot width, lot frontage, and other dimensional standards of the zoning district in which it is located.
C. Lots or Parcels Deemed Conforming. Lots or parcels created as a result of the following actions are deemed conforming for the purposes of this Ordinance:
1. When land area is acquired by a government agency for expansion of right-of-way.
2. When the action of waterways that forms the boundaries of a lot reduce the lot area.
3. When property lines are established by a court order in order to settle a boundary dispute between adjacent property owners.
D. Reduced Setbacks. Setbacks for single-family dwellings and residential accessory structures that are on lots or parcels deemed nonconforming due to insufficient width may be reduced from the setbacks established by the bulk and setback tables of this Ordinance in the following manner:
1. On interior lots or parcels less than one-hundred (100) feet width, the setback from one interior side lot line may be reduced to ten (10) feet and the setback from the other interior side lot line may be reduced to ten (10) percent of the width of the lot. This reduction applies to both principal and accessory structures, either of which may be used to establish which side setback may be reduced to 10-percent (10%) of the width of the lot.
2. On interior lots or parcels over one-hundred (100) feet in width. the setback from the interior side lot lines may be reduced to ten (10) feet.
3. On corner lots, the setback from the interior side lot line may be reduced to ten (10) feet and the setback from the corner side lot line may be reduced to twenty (20) feet.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 20.5; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-201911-ZBA-057, passed 11-19-2019)