(A) When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums set forth in § 152.280, then the lot may be used as proposed just as if it were conforming; however, no use (e.g., a two-family residence) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a conforming lot.
(B) If a proposed use for a nonconforming lot conforms in all respects except that the applicable setback requirements (see § 152.283) cannot reasonably be complied with, then the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may allow deviations from the applicable setback requirements if the permit-issuing authority finds that:
(1) The property cannot reasonably be developed for the use proposed without such deviations;
(2) Such deviations are necessitated by the size or shape of the nonconforming lot; and
(3) The property can be developed as proposed without any significant adverse impacts on the surrounding properties or the public health or safety.
(C) For purposes of division (B) above, 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 upon it. A change in use of a developed nonconforming lot may be accomplished in accordance with § 152.175.
(E) Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his, her, or their successors in interest may take advantage of the provisions of this section. This division (E) shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this division (E) 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 such would be out of character with the previous or current development of the neighborhood.
(Ord. passed 12-20-2001) Penalty, see § 152.999