The purpose of Chapter 17-1.3 is to establish criteria and a process for determining when a lot of record exists for the purpose of allowing a use or development on a nonconforming lot (e.g., substandard lot that does not meet lot area, setback, or coverage regulations). The owner of a lot of record shall not be denied development of one single-family dwelling per lot of record, provided applicable building codes are met. The City shall accept a legal lot determination as sufficient evidence of a hardship for purposes of approving a variance under Chapter 17-4.7.
(Ord. 2017-08 §1)
A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010 through 92.192:
A. 
The plot of land was lawfully created through a subdivision or partition plat in Clackamas County prior to annexation to the City of Molalla;
B. 
The plot of land was created through a deed or land sales contract recorded with Clackamas County prior to October 1, 1978; or
C. 
The plot of land was created through a deed or land sales contract recorded with Clackamas County prior to January 1, 2007 and the subject plot of land would have complied with the applicable planning, zoning, subdivision, or partition regulations in effect at the time it was created.
(Ord. 2017-08 §1)