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A. Applicability

1. This section applies to any undeveloped nonconforming lot. A "Nonconforming Lot” is a platted lot existing on the effective date of this ordinance that does not meet the minimum width or area requirement of the zoning district in which the lot is located.

2. A lot is undeveloped if it has no substantial structures upon it. A substantial structure includes any structure in excess of eight hundred (800) square feet in floor area which was constructed for a principal use permitted in the zoning district at the time of construction.

3. A change in use of a developed nonconforming lot may be accomplished only in accordance with Section 18.60.030.C.

B. Lot Area or Dimensions

Where a nonconforming lot does not conform to the lot area or dimensions applicable to that zoning district, said lot may be used for any permitted use in that specific zoning district provided all other requirements and regulations are met.

C. Setback Nonconformity

When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements cannot be complied with, then the Planning Official may modify the applicable setback requirements if it finds that all of the following apply:

1. Development of the property is not reasonably possible for the use proposed without the modification. Development in compliance with the applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with the setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible; and

2. The modification is necessitated by the size or shape of the nonconforming lot; and

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

D. Lot Merger

The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require the combination when that is out of character with the neighborhood that is already developed.

1. If, on the date this ordinance becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one (1) or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his or her successors in interest may take advantage of the provisions of this section.

2. This subsection does not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where the lot is located and within five hundred (500) feet of the lot are also nonconforming.

E. Creation of Nonconforming Lots Prohibited

The subdivision of any land, lot or parcel which creates a lot area or dimension that does not meet the minimum standards of the applicable zoning district is prohibited. (Ord. 02-54 § 2, 2002)