(A) Purpose and intent. The purpose of this section is to establish criteria and a process for determining when a lot of record exists for the purpose of allowing development on a nonconforming lot (e.g., substandard lot that does not meet lot area, setback or coverage regulations). The owner of lot of record shall not be denied development of one single-family dwelling per lot of record; provided, that applicable building codes are met; the city shall accept a legal lot determination as sufficient evidence of a hardship for purposes of approving a variance under §§ 153.310 through 153.314.
(B) Criteria. A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010 through 92.190. Other requirements such as setbacks, lot coverage, parking, landscaping and screening continue to apply.
(1) The plot of land was lawfully created through a subdivision or partition plat in the county prior to annexation to the city;
(2) The plot of land was created through a deed or land sales contract recorded with the county before the city or county, as applicable, adopted its respective planning, zoning, subdivision or partition regulations. For a plot of land created through a deed or land sales contract within the city, that date is February 3, 2012; or
(3) The plot of land was created through a deed or land sales contract recorded with the county prior to January 1, 2007, and the subject plot of land would have complied with the applicable planning, zoning, subdivision or partition regulations in effect at the time it was created.
(C) Legal lot determination procedure. Requests to validate a lot of record shall follow the procedures in ORS 92.010 through 92.190.
(Ord. 1267, passed 1-3-2012)