§ 47-3.3. Nonconforming lot.

A.

Generally. A nonconforming lot is a lot of record as shown on the latest recorded plat of property or described by deed recorded in the public records of the county which met the width, area and length requirements in effect when the lot first became of record, which lot would be prohibited or further restricted under the ULDR or would otherwise not conform to the ULDR.

B.

Continuation of a nonconforming lot. A nonconforming lot may continue in existence subject to the following:

1.

A nonconforming lot may not be further subdivided or consolidated in whole or in part with another parcel, in a manner which increases the nonconformity. The nonconforming lot may be subdivided or consolidated if such subdivision does not increase the nonconformity, subject to the subdivision regulations in Sec. 47-24.5.

2.

A nonconforming lot in any residentially zoned district may be used for a standard single family or duplex structure or building only where a permitted use by the ULDR. Minimum five (5) foot side yards shall be required and front and rear yards shall meet the yard requirements in the zoning district where the parcel is located.

3.

If two (2) or more lots with continuous frontage are in a single ownership and if any of the lots are nonconforming, the nonconforming lot and the parcel or lot abutting the nonconforming lot shall be deemed by operation of law to be merged and considered to be an undivided plot. No development permit shall thereafter be issued for a use of the nonconforming lot which has been merged with another parcel which recognizes a reduction of the merged parcel below the requirement for a lot which meets the ULDR requirements of the zoning district where the lot is located.

(Ord. No. C-97-19, § 1(47-3.3), 6-18-97)