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 Lots of Record.
(1) Existing Building on a Nonresidential Lot. If the 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 Building on a Residential Lot in the Country Home District. If the lot in the Country Home District 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 for the lot area and lot width regulations of the district in which the lot is located.
A. Structural alterations or extensions of a residential structure, which is non-conforming only by reason of lot size or lot width, shall be permitted upon approval of the Zoning Administrator.
B. The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.
(b) Vacant Single Non-conforming Lot of Record.
(1) Single Non-conforming Lot of Record in the Country Home District. A vacant, non-conforming lot in the Country Home District that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a single-family dwelling and customary accessory buildings.
A. Such dwelling and its accessory uses shall comply with all regulations of this Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
B. Review and approval of development on such lots of record shall be conducted according to the procedures set forth in Section 1258.04, Zoning Permit for a Single-Family Detached Dwelling or Use Accessory Thereto.
C. Variances of requirements from district regulations, other than lot area or lot width, shall be obtained through action of the Board of Zoning Appeals as provided in this Zoning Code.
(2) A vacant non-conforming lot in the Commercial and Office Building Districts may be used for any use permitted in the district in which it is located when the development of such lot meets all 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. No use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a non-conforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Chapter 1258, Administrative Procedures.
(c) Lots in Combination. If a vacant non-conforming lot in any district adjoins one or more lots in common ownership on the effective date of this Zoning Code, or applicable amendment thereto, such lots shall be joined to create conforming lots as a prerequisite for development.
(Ord. 2009-17. Passed 9-15-2009.)