A lot of record that on the effective date of this Zoning Code, or any amendment thereto, does not comply with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
(A) Existing Buildings on Nonconforming Lots of Record.
(1) Existing Building on a Nonresidential Nonconforming Lot. If a nonconforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(2) Existing Dwelling on a Residential Nonconforming Lot. If a nonconforming lot is occupied by a dwelling, such dwelling may be maintained, repaired or altered; provided, however, the dwelling shall not be enlarged in floor area unless the expansion complies with the depth of the front setback, width of side setbacks and the rear setback regulations. No portion of the new building shall increase the nonconforming condition.
(B) Vacant Nonconforming Lot(s) of Record.
(1) Nonconforming Lot(s) of Record in a Residential District. A nonconforming lot in a Single-family or Multi-family Residential District may be used provided that:
(a) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this zoning code;
(b) No adjoining land, or other vacant land can be equitably acquired; and
(c) All other regulations of this zoning code, except the lot area and width regulations, shall be complied with.
(2) Vacant Nonconforming Lot in a Nonresidential District. A vacant nonconforming lot in a nonresidential district may be used for any use permitted in the district in which it is located when the development of such lot meets all development requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements, except that no use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a nonconforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Article 150.65.
(Ord. 2023-03, passed 2-27-2023)