(A) Lots that were legally established and in conformance with the zoning code when created shall be considered usable.
(B) When the use proposed for a non- conforming lot is one that conforms in all other respects, but the applicable setback requirements cannot be reasonably complied with, the Hearing Officer may grant variances from the applicable setback requirements if it finds that:
(1) The property cannot reasonably be developed for the use proposed without such variance;
(2) The variance is necessitated by the size and shape of the non-conforming lot; and
(3) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.
(C) For the purpose 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 only applies to undeveloped non-conforming lots. A lot is undeveloped if it has no
substantial structures on it. A change in use of a developed non-conforming lot may be accomplished in accordance with § 19.9.
(Ord. 2012-04, passed 12-5-2012)