(A) When a non-conforming lot, existing prior to the adoption of this chapter, 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 § 153.135, the lot may be used as proposed just as if it were conforming. However, no use (e.g., a duplex) that requires a greater lot size for a particular zone is permissible on a non-conforming lot.
(B) When the use proposed for a non-conforming lot is one that is conforming in all other respects but the applicable setback requirements (see § 153.142) cannot reasonably be complied with, the Zoning Administrator shall be authorized to reduce the yard requirements for such lot by not more than 20%.
(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 non- conforming 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 non-conforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed non-conforming lot may be accomplished in accordance with § 153.035.
(E) Subject to the following sentence, if, on the date this section becomes effective, an undeveloped non-conforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the non-conforming lot, nor his or her successors in interest, may take advantage of the provisions of this section. This division (E) shall not apply to a non-conforming 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 non-conforming. The intent of this division (E) is to require non-conforming 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. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)