Land nonconforming by area or other dimensional requirements
(a) For the purpose of this section, a nonconforming lot is a lot which does not meet one or more of the minimum dimensional requirements for size, frontage or depth required by this chapter and which is a lot of record, the dimensions of which have not been altered since its creation by a voluntary conveyance which rendered such lot more nonconforming and which was created by the following:
(1) A deed or plat recorded on or after July 18, 1947, and was in full compliance with the minimum dimensional requirements for size, frontage and depth of the zoning ordinance in effect at the time of such recording; or
(2) A deed or plat recorded prior to July 28, 1947.
(b) Lawfully established lots which have less than the minimum area or other dimensional requirements may be enlarged by adding additional land to such lots. Such enlargement shall not provide a basis upon which to expand a nonconforming use.
(c) If two or more abutting nonconforming lots are held in the same ownership as of May 8, 1995, or subsequent thereto, such lots shall be combined for the purposes of this chapter in order to conform or more nearly conform to the minimum area or any other dimensional requirements of this chapter for the district in which the lots are located, and such lots shall not be sold separately.
(d) A lot which has been created by the merger of two or more nonconforming lots may be subdivided or combined with other lots and subdivided, provided that the following requirements are met and, further, that approval is given by the planning commission:
(1) In all zones where any portion of the lot is within the coastal zone as defined by the state coastal resources management council or within a wetlands as defined by the state department of environmental management, all dimensional requirements for the zone, including without limitation area, frontage and lot width, shall be met.
(2) In village residential and neighborhood residential zones, all dimensional requirements for the zone, including without limitation area, frontage and lot width, shall be met.
(3) In rural residential zones, where public water is available, the minimum lot area, frontage and lot width of the resulting lot may be reduced to not less than 80 percent of the requirements of the zone. If public water is not provided, all dimensional requirements for the zone, including without limitation area, frontage and lot width, shall be met.
(e) With respect to two or more contiguous lots which are all nonconforming as to size and where all such lots are located in the same zoning district and are or were in common ownership at any time on or after June 23, 1980:
(1) If the combined area of all such lots is equal to or less than the minimum size requirement for a lot in the zoning district in which such lots are located, all such lots shall be combined and considered an undivided tract of land for the purposes of this chapter; or
(2) If the combined area of all such lots exceeds the minimum size required by this chapter for a lot in the zoning district in which such lots are located, all such lots shall be replatted into as many lots which fully conform with the minimum size of this chapter for a lot located in the zoning district in which such lots are located without in turn retaining or creating a nonconforming lot as to size.
(f) Subject to subsection (g) of this section, in any zoning district in which single-family dwellings are permitted, a single-family dwelling may be erected on a nonconforming lot as to size or on a lot resulting from the combining or the combining and replatting of two or more contiguous lots in accordance with subsection (e) of this section in accordance with the following:
(1) Where such lot contains less than 10,000 square feet, a single-family dwelling may be erected thereon, provided that no interior side yard on such lot shall be less than 12 feet and that building setbacks and rear yards shall be in conformity with this chapter. Any accessory structure may be constructed on site provided that no interior side yard on such lot shall be less than 12 feet and that building setbacks and rear yards shall be in conformity with this chapter; or
(2) Where such a lot contains between 10,000 and 30,000 square feet, a single-family dwelling may be erected thereon, provided that no interior side yard on such lot shall be less than 15 feet and that building setbacks and rear yards shall be in conformity with this chapter. Any accessory structure may be constructed on site provided that no interior side yard on such lot shall be less than 15 feet and that building setbacks and rear yards shall be in conformity with this chapter.
(g) Notwithstanding subsection (f) of this section, if a nonconforming lot or a lot resulting from the combining or the combining and replatting of two or more contiguous lots in accordance with subsection (e) of this section is nonconforming as to frontage and/or depth, no single-family dwelling may be erected thereon unless the lot meets the following applicable minimum requirement for frontage and depth:
Zoning District Frontage (feet) Depth (feet) Village Residential 70 70 Neighborhood Residential 90 100 Rural residential 100 125 Low density residential 100 125 Very low density residential 100 125
(h) If a nonconforming lot or a lot resulting from the combining or the combining and replatting of two or more contiguous lots in accordance with subsection (e) of this section does not comply with the applicable frontage and/or depth requirements of subsection (g) of this section or if a lot created or altered prior to January 1, 1980, in reliance on a decision of the zoning board of review purporting to authorize the creation or alteration thereof, complies with the size requirement of this chapter but does not comply with the frontage and/or depth requirements of this chapter, the zoning board of review may grant a special exception authorizing the erection of a single-family dwelling on such lot in accordance with section 21-15 only if, in addition to the findings required by such subsection, it is also established by specific finding that:
(1) The siting of the dwelling and any accessory building proposed to be erected on such lot, together with the means of access to the dwelling site, will be in accordance with a site plan which has, prior to the granting of such special exception, been approved by the department of planning and development, to ensure that the findings made in accordance with section 21-15 will be implemented; and
(2) There is an adequate means of vehicular and utility access to such dwelling site from a public road either over the lot itself or by virtue of an easement conveyed to the owner or former owner thereof for the benefit of such lot and all subsequent owners and occupants thereof.
However, this subsection shall not be construed to authorize the zoning board of review to grant relief from the size, frontage or depth requirements of this chapter with respect to any lot created or altered by a plat or deed recorded on or after July 28, 1947, which was not when created or after such alteration in full compliance with the size, frontage and depth requirements of the zoning ordinance in effect at the time of such recording other than a lot created or altered prior to January 1, 1980, in reliance on a decision of the zoning board of review, which purported to authorize the creation or alteration of such lot and which was predicated upon a petition to the zoning board of review which covered the tract of land out of which such lot was created or such lot prior to alteration. Further, this subsection shall not be construed as indicating that the zoning board of review, prior or subsequent to January 1, 1980, was or is authorized to allow the creation or alteration of a lot which was not or is not in full compliance with the size, frontage or depth requirements of the zoning ordinance in effect at the time such lot was created or altered.
(i) Where a legal nonconforming lot of record, zoned for business or industrial use, has less than the minimum required frontage, but more than 100 feet of frontage, a use or structure may be erected, enlarged or altered thereon without approval from the zoning board of review being necessary, provided that such alteration, enlargement or construction complies with all other requirements of the district in which such lot is located; otherwise a variance will be required as described in subsection 21-14(b)(2).
(j) Subsections (c) and (e) of this section shall not apply to unimproved abutting or unimproved contiguous lots which were created by a recorded subdivision or land development project which was approved by the planning commission after April 8, 1974.
(k) Subsections (c) and (e) of this section shall not apply to lots which each have structures located thereon unless such structures constitute or are related or accessory to a principal use which is located on one of such lots.
(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998; Ord. No. 98-8, §§ 1, 2, 5-11-1998; Ord. No. 01-18, § 1, 10-1-2001; Ord. No. 03-13, § 3, 9-8-2003; Ord. No. 14-04, § 2, 2-10-2014)