A lot of record that, on the effective date of this Planning and Zoning Code, or any amendment thereto, does not comply with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
(a) Existing Buildings on Non-Conforming Lots of Record.
(1) Existing building on a non-residential non-conforming lot. If a non-conforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(2) Existing dwelling on a residential non-conforming lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
A. Structural alterations of a residential structure which is non-conforming only by reason of lot size or lot width shall be permitted in accordance with all applicable regulations of the Planning and Zoning Code and upon approval by the Building Inspector.
B. The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.
(b) Vacant Non-conforming Lot(s) of Record.
(1) Non-conforming lot(s) of record in a residential district. A non-conforming lot in the Dwelling House District that is in separate ownership and not of continuous frontage with other lots under the same ownership shall be permitted to be developed as a site for a single-family detached dwelling and customary accessory buildings provided:
A. Such dwelling and its accessory uses shall comply with all regulations of this Planning and Zoning Code, except for the lot area and lot width, unless a variance is granted.
B. Review and approval of development on such lots of record shall be conducted according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.
C. There is evidence of adequacy of all required utilities and services from all applicable approving authorities.
D. Variances of requirements from district regulations other than lot area or lot width shall be obtained through action of the Board of Appeals as provided in Section 1131.17, Area Variance.
(2) Vacant non-conforming lot in the apartment house or retail business district. A vacant non-conforming lot in the Apartment House District or Retail Business District may be used for any use permitted in the district in which it is located when the development of such lot meets all requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements, except that no use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a non-conforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Chapter 1127.
(Ord. 2012-21. Passed 7-11-12.)