A proposed subdivision may be approved without a plat thereof if the subdivision consists of a change of boundary between two adjoining lots on one or both of which are situated a building or buildings which do not comply with minimum setback requirements under Article 3, as amended, of Chapter 25 of this code, where the purpose of the change is to effect, or more nearly effect, compliance with such requirements; provided, a change of boundary between two adjoining lots for the purpose of effecting, or more nearly effecting, compliance with setback requirements shall not be approved unless the City Council shall find that the owner of the lot at the time when construction of the building was commenced did not have knowledge of the noncompliance, or of facts that should have put him or her on inquiry in regard thereto.
(Ord. 1116, passed 2-25-1957; Ord. 2359, passed - -1977)