1121.02 NONCONFORMING LOTS.

   (a)   Construction on Nonconforming Lots. Construction of conforming structures for a permitted use may be permitted through a zoning certificate on any pre-existing lot of record which may have a deficient lot width or lot area per the requirements of the applicable zoning district. Such construction shall not require a variance of minimum lot width or minimum lot area from the Board of Zoning and Building Appeals.

   (b)   Variances for Construction on Nonconforming Lots. A variance of any development standard such as minimum setback requirements may be obtained only through action of the Board of Zoning and Building Appeals as provided in Section 1125.01 - Variances.

   (c)   Subdivision of Nonconforming Lots Limited. No existing nonconforming lots shall be subdivided or otherwise altered in a manner that would increase the degree(s) of nonconformity (e.g., a lot that has a deficient width shall not be subdivided in a manner that further decreases its width).

   (d)   Subdivision of Conforming Lots. No existing conforming lots shall be subdivided or otherwise altered in a manner that would cause them to become nonconforming. This provision shall not be construed to prevent a property owner from seeking a variance of lot-related dimensional aspects from the Board of Zoning and Building Appeals as provided in Section 1125.01 - Variances. For example, an approved variance would establish the standard for a given property and would not create a nonconformity.

(Ord. 081-2023. Passed 10-3-23.)