(A) Required merger of common ownership lots.
(1) Except as may otherwise be provided for in this chapter, when a group of two or more contiguous lots or parcels of land are owned or controlled by the same person, the following shall apply:
(a) If all lots are conforming to lot width, area and frontage requirements, all lots may remain separate parcels;
(b) If one or more of the contiguous lots or parcels of land do not conform to either lot width, area, or frontage requirements, then such non-conforming lots shall not be sold or developed as a separate parcel of land; and such non-conforming lots shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one or more lots each meeting the full lot requirements of this chapter or will lessen the existing nonconformity.
(2) The combination of lots shall be in accordance with Chapter 151, Subdivisions, of the City Code.
(B) Vacant or redeveloped lots. With the exclusion of parcels in the Floodplain Overlay District, legal, nonconforming vacant lots of record may be developed for single-family detached dwellings upon approval of a building permit under the following conditions:
(1) Legally established. The lot in question was legally established in accordance with requirements of this code existing at the time of its creation and is a separate, distinct tax parcel.
(2) Allowed use. Single-family residential dwellings are an allowed use within the base zoning district.
(3) Minimum lot size.
(a) Sewered lots: a legal nonconforming lot having direct access to municipal sewer, as determined by the Community Development Department, shall be considered buildable, provided that measurements for lot area and lot width either meet minimum requirements or are within 66% of the requirement of the base zoning district.
(b) Unsewered lots: a legal nonconforming lot not having access to municipal sewer shall be considered unbuildable.
(4) Access. The lot in question has frontage on and will directly access an improved public street.
(5) Health concerns. Public health concerns (potable water and sanitary sewer) can be adequately addressed.
(6) Setback and yard requirements. The setback and yard requirements of the base zoning district can be achieved.
(7) Shoreland requirements. If the parcel is located within the Shoreland Overlay District, development of the lot shall not result in more than 25% of the lot being covered with impervious surfaces.
(C) Developed lots. An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this chapter.
(Ord. 1040, passed 1-5-16)