Contiguous lots under common ownership
It is the intent of this chapter to require merger of contiguous unimproved or improved substandard lots of record in the same ownership in order to create dimensionally conforming lots or to reduce the extent of dimensional conformance.
If two or more contiguous lots are under common ownership at any time after the effective date of the ordinance from which this chapter was derived and one or more of these lots fails to meet the requirements of section 19-145 with regard to minimum lot area or minimum lot width, or lot building coverage, or minimum setbacks as required by sections 19-144 and 19-145 of this chapter, or the off-street parking requirements of section 19-284 of this chapter, and the below standards, such lots shall be considered to be an individual lot of land for the purpose of this chapter. Contiguous lots or parcels shall share common and abutting boundary lines and not be separated by a street or other property. Contiguous parcels under separate ownership shall be considered to make up a single lot if joint application for a building permit is made by all owners of such parcels. No single lot shall be used in violation of the requirements of section 19-145 with regard to minimum lot area or minimum lot width, except as provided in this chapter.
The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer. Uses on multiple lots in common ownership shall be counted as one lot for the purposes of this calculation.
(1) District by district standards for determining lot mergers:
a. Stormwater infrastructure is limited such that limiting development in the district will protect area water quality;
b. The character of the neighborhood as described in section 19-95 will be protected by the merger of the lots; and
c. The goals and policies of the comprehensive plan pertaining to the district will be furthered by the merger of the lots.
(Rev. Ords. 1987, § 19-133; Ch. 184, § I, 11-6-01; Ch. 194, § I, 12-18-01; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)