1                                 CITY ZONING ORDINANCE

2    Sec. 105. Nonconformity.

3          ....

4          (g)    Location of uses and structures on lots not meeting minimum
5    requirements.   Except as provided in Section 502(e), any conforming principal or
6    accessory use, conditional use or conforming structure housing such use may be
7    enlarged, extended, constructed, located, or moved on any lot created prior to the
8    effective date of this ordinance regardless of the size or dimensions of such lot,
9    provided that other requirements of this ordinance are met. However, in the case of any
10   lot created or rezoned upon petition on behalf of the property owner on or after the
11   above date, only those uses and structures shall be located on the lot for which the lot
12   meets the minimum lot requirements in the applicable zoning district, except as
13   provided in section 221 herein. Any lot not meeting the applicable size or dimension
14   requirements due to governmental action taken on or after the effective date of this
15   ordinance shall have the same rights of development as before said
16         ....
20         ....
22   Sec. 502. Dimensional Requirements.
24         ....
26         (e)    Nonconforming lots. Notwithstanding any other provision of this ordinance
27   or the Subdivision Ordinance (Appendix B):
28         (1)    Where a lot in any Residential District other then the R-2.5 Residential
29                Townhouse District fails to conform to the applicable minimum
30                dimensional requirements for the district, and such lot has continuously
31                been a lot of record, in single and separate ownership from adjacent
32                property, prior to and since the adoption of this ordinance, such lot may be
33                developed for any purpose permitted within the district.
34         (2)    As an exception to subdivision (1) above, if the owner of a lot which does
35                not meet the minimum dimensional requirements of the district is or
36                becomes the owner of another nonconforming lot or lots adjacent to it as
37                of [DATE OF ADOPTION OF THIS ORDINANCE] or, with respect to lots
38                in the R-5S Residential District, as of November 14, 1983, the two (2) or
39                more adjacent nonconforming lots shall, as a condition of development or
40                redevelopment on any of the lots, be resubdivided to form one or more
41                new lots that meet the dimensional requirements of the district applicable
42                to the proposed use.
43         (3)    No conveyance of any nonconforming lot after [DATE OF ADOPTION OF
44                THIS ORDINANCE] or, with respect to lots in the R-5S Residential District,
45                after November 14, 1983, shall operate so as to provide an exemption
46                from the provisions of this subsection.
47         (4)    Status as a single and separate owner may not be acquired after [DATE
48                OF ADOPTION OF THIS ORDINANCE] or, with respect to lots in the R-5S
49                Residential District, after November 14, 1983, by conveying a one or more
50                parcels and reducing the remainder below the minimum lot requirements,
51                nor may an owner of several contiguous nonconforming parcels combine
52                them so as to leave a substandard lot and assert the right to exception in
53                (1) above.
54         For the purposes of this section, lots having abutting rear yards only, or lots
55   sharing less than thirty (30) feet of common property lines, shall not be deemed
56   adjacent.
58                                    SUBDIVISION ORDINANCE
59         ....
60   Sec. 4.4. Lots.
61         ....
62         b)     Except where created by governmental action, lots created by subdivision
63   shall meet all requirements of the zoning ordinance. However, except as provided in

64   Section 502(e) of the City Zoning Ordinance, existing lots that fail to conform to present
65   applicable zoning regulations may also be resubdivided to less than current minimum
66   zoning standards where the following apply:
67         (1)    The existing lots have been legally created; and
68         (2)    The resulting lots conform to applicable requirements in each respect that
69                the existing lots conform, and in those respects that the existing lots do
70                not conform, no greater degree of nonconformity than that already present
71                would result.


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