(a) Permitted Legal Nonconforming Uses. Except as otherwise specified in this Code, any use, lot, building or structure that exists on the date of enactment of this Code or any amendment thereto may be continued even though such use, lot, building or structure may not conform to the provisions of the zoning district where it is located. The provisions for nonconforming uses shall apply.
(b) Approved Plans. Nothing contained in this Code shall require any change in the plans, construction, size or designated use of a building for which a valid permit has been issued or lawful approval given before the effective date of this Code, provided that construction under such permit or approval has been started within twelve months from the date of issuance of the certificate of zoning compliance. Should construction not occur, the approval shall be null and void.
(c) Nonconforming Lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record that has an area and/or lot width less than that required for such structure or permitted use in the zoning district where the lot is located, if the lot of record is a legal nonconforming lot. Such nonconforming lots must be in separate ownership and not have continuous frontage with other land in the same ownership at the time of the enactment of this Code. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district where such lot is located.
(1) In no case shall the width of any side yard be less than ten percent of the width of the lot, except in the case of zero lot line or row house dwellings. On a corner lot, the width of the side yard adjoining the side street lot line shall not be less than fifteen feet or twenty percent of the frontage, whichever is greater.
(2) The depth of the rear yard of any such lot need not exceed twenty percent of the depth of the lot, but in no case shall it be less than ten feet.
(d) Use of Lots. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are on record at the time of enactment of this Code, and if all or part of the lots with no buildings do not meet the minimum requirements established for lot width and/or area, the lands involved shall be considered to be an undivided parcel for the purposes of this Code.
(1) No portion of such parcel shall be used or sold in a manner that diminishes compliance with lot width and/or area requirements established by this Code.
(2) No division of any parcel shall be made that creates a lot with a width and/or area below the requirements stated in this Code.
(Ord. 2014-27. Passed 8-5-14.)