At the time of the adoption of this Zoning Ordinance, there exist lots of official
record which do not include sufficient land to conform to the site development or
other requirements of the zone(s) in which they are located. The Zoning Administrator
may issue building permits for such lots, if proposed structures can comply with all
site development requirements of Section 8.5 for the applicable zone(s) with the exception of minimum lot size and minimum lot
frontage requirement; and if proposed parking area/driveway access characteristics
can comply with the requirements of Section 13.6. If proposed structures or parking areas/driveway access characteristics cannot comply
with the abovementioned requirements, an application may be submitted to the Board
of Adjustment for a variance from the terms of this Zoning Ordinance (see Section
7.33 herein), or the owner might consider submitting an application for an R-1T Townhouse
Zone (in residential cases, where applicable), or agreeing to limit vehicular access
to and from lot by an available alley. The Board of Adjustment shall not have the
authority to vary the number of parking spaces required for a particular use on a
non-conforming lot.
4.21. A non-conforming lot may not be further subdivided or consolidated, in whole
or in part, with another parcel in a manner that increases its non-conformity. It
may, however, be altered so as to decrease its non-conformity. However, the Planning
Commission may approve the subdivision of a lot, which has two or more legally constructed
principal structures, into separate parcels for the purpose of the sale or transfer
of the individual residences if the Planning Commission finds that the properties
have been used in a separate and distinct manner with separate utilities and other
facilities so that the resulting subdivision will not constitute a material change
in the use of the property.
(Ord. No. 37-2009, § 2, 10-20-2009)
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