§ 17.88.010
Substandard lots of record and lot mergers
- A. "Substandard Lots of Record" Defined. A "substandard lot of record" is a lot which does not satisfy one or more dimensional requirements set forth in Section 17.20.120, but which was shown on a plat or deed recorded prior to January 1, 1966 or an approved plat recorded after January 1, 1966 which has otherwise been legally created and which has not been altered to become more nonconforming since its creation, except by approval of the city plan commission.
- B. Lot Mergers.
- 1. If two or more contiguous substandard unimproved or improved and unimproved lots of record are owned by the same person or entity as of January 1, 1966, or if one of any two abutting lots under common ownership by the same person or entity as of the same date is less than required for the district, such lots shall be considered to be combined and merged to form conforming lots, unless the lot meets the exemption as outlined in subsection B.3 below.
- 2. In the event that there are multiple contiguous substandard lots of record with more than one way the lots could be merged, upon request of a zoning certificate, the zoning official shall determine which lots are merged. The determination shall be based upon factors including but not limited to the existing improvements on site, natural conditions, and/or the sum of the area and frontage of the substandard lots (those lots whose sum is closest to the minimum required in the underlying zoning district would be combined before lots with larger sums, all other conditions being equal).
- 3. Lots having an area equal to or greater than 50% parcels within 200 feet of the lot need not be so combined, as confirmed by a compilation plan signed by a professional land surveyor and submitted to the zoning enforcement officer for confirmation through a request for a zoning certificate. Substandard lots of record that are merged shall be considered merged for the purposes of calculation of this provision. Non-buildable lots of record and lots with zoning designations other than the subject lot shall not be included in the calculation. Side corner lots and double frontage lots may qualify for this exemption by measuring from any of its available frontages, so long as that frontage becomes the primary front for the subsequent development of the lot. The zoning enforcement officer may require an applicant to submit proof of ownership, title and subdivision history of the subject lot and surrounding lots to make a proper determination.
- C. Where two or more lots are combined in accordance with this section, they may be regulated in accordance with Section 17.20.040, Conformance to district regulations required.
- D. Any substandard lot of record which is not merged to a contiguous substandard lot of record under common ownership to form a conforming lot shall be regulated in accordance with Section 17.20.040, Conformance to district regulations required.
(Prior code § 30-19; Ord. 2021-9, § 1, 5/24/2021; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)