§ 89-99. Nonconforming lot.

(a)

Applicability. This section applies to any nonconforming lot. A "nonconforming lot" means a lawfully platted or established lot that is below the required minimum lot size for the zoning district.

(b)

Generally. A legal nonconforming lot may be built upon if:

(1)

The lot is a lot of record; and

(2)

The use is permitted in the district in which the lot is located; and

(3)

The lot meets the minimum frontage requirements of the zoning district. If the frontage requirements cannot be met, the lot shall comply with the access requirements of article 3; and

(4)

All yards or height standards are complied with, except that the administrator may approve a reduction of required yards of up to ten percent if it does not allow a building that is larger than a building permitted on a conforming lot in the district.

(c)

Residential zoning districts. A nonconforming lot that is a lot of record in a residential district may be used only for a single-family dwelling or public utilities.

(d)

All other districts. A nonconforming lot that is a lot of record in any other district may be used for any use allowed in the district, subject to all other applicable requirements of articles 2 (Zoning) and 3 (Development Standards).

(e)

Replatting and boundary line adjustments. In the case of lots platted prior to the effective date of this section, and which met all applicable minimum lot size requirements under the rules in effect at the time of the replatting of such lots, notwithstanding that after such boundary line adjustment or replatting the size of one or more such lots will not meet the minimum lot size for the district; provided, however, that the administrator may permit such a boundary line adjustment or replatting only if:

(1)

It does not increase the nonconformity as to any particular lot;

(2)

Compliance with minimum lot size requirements is not reasonably possible (mere financial hardship does not constitute grounds for finding that compliance with minimum lot size requirements is not reasonably possible);

(3)

The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health and safety; and

(4)

The nonconformity as to minimum lot size is the only nonconformity with respect to any particular lot.

(f)

Narrow lot standards.

(1)

Wherever there exist three or more contiguous, vacant, nonconforming lots within a residential zoning district, each having a street frontage of 30 feet or less, then, in such case, no dwelling shall be constructed on any such lot except in conformity with the foregoing:

a.

The garage shall not project more than eight feet beyond the front wall of the dwelling.

b.

The driveway shall not be wider than 12 feet.

c.

The garage opening shall not be wider than 12 feet.

d.

Thirty percent of the front setback area shall be planted with living trees, shrubs, vines, grasses, ground covers, or other plants.

e.

If the lot fronts upon a public, open ditch road, the developer shall install a subsurface drainage system in accordance with standards determined by the department of public works. Alternatively, in lieu of constructing a driveway upon the Lot and installing a subsurface drainage system thereupon, the developer may enter into a joint access agreement to utilize an existing driveway.

(2)

For the purposes of this subsection, a vacant lot is one that is not occupied, in whole or in part, by a bona fide use, and which has not been occupied, in whole or in part, by a bona fide use within five years of an application for a building permit relative to such lot.

(Ord. No. O-252-2015, § 4, 11-17-15; Ord. No. O-156-2016, § 4, 8-23-16; Ord. No. O-093-2018, § 43, 6-19-18)