§ 260-57
Land nonconforming by area
[Amended 2-24-2025 by Ord. No. 2025-2]
- A. Creation of substandard lots. No lot areas shall be reduced so that the total lot area, setbacks, or lot width shall be less than the minimum dimensional requirements of Article IV.
- B. Enlargement of undersized lots. Lawfully established lots which have less than the minimum area requirements may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this section.
- C. Dimensional requirements. Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this Zoning Ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:
- (1) Minimum building setbacks, lot frontage and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width requirements from another zoning district in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district, the setbacks, lot frontage, and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40% of the minimum lot area required in the district in which it is located, the setbacks, frontage and width shall each be reduced to 40% of the requirements for those dimensional standards in the same district.
- (2) Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40% of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60% over the maximum permitted lot building coverage in that district.
- (3) All proposals exceeding such reduced requirement shall proceed with a modification request under § 260-74, Dimensional modification or a dimensional variance request under § 260-67, whichever is applicable.
- D. The necessary computations and determination of the required building side and rear setbacks for each substandard lot shall be made by the Zoning Enforcement Officer at the time of application for a building permit.