(b) When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements cannot reasonably be complied with, then the Board of Zoning Appeals may allow deviations from the applicable setback requirements if it finds that:
(1) The property cannot reasonably be developed for the use proposed without such deviations.
(2) These deviations are necessitated by the size or shape of the nonconforming lot, and
(3) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.
(c) For the purposes of subsection (b), compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
(d) This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures on it. A change in the use of a developed nonconforming lot may be accomplished in accordance with Section 1129.06.
(e) If an undeveloped nonconforming lot adjoins and has continuous frontage with one (1) or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his or her successors in interest may take advantage of the provisions of this section. This subsection shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street that are within 500 feet where such lot is located are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.
(Ord. 074-10. Passed 12-20-10.)