(a)
Nonconforming lots.
A nonconforming lot is a lot of record that does not meet the minimum area or dimensional requirements of either this chapter or the zoning district in which the lot is located. Such nonconforming lots lawfully existing prior to June 3, 2024, shall be considered a legal nonconforming lot. A legal nonconforming lot may continue to exist indefinitely as is and can be developed as if it were a conforming lot, but only if the proposed land use is permitted in the assigned zoning district and all development standards are met. The owner of a nonconforming lot may eliminate the nonconformity through subdivision of land, rezoning to a different zoning district or seeking a variance. No new division of any lot or parcel shall be made that expands the existing nonconformity or creates a new nonconforming situation.
(b)
Governmental acquisition of right-of-way.
A lawful structure, lot or site made nonconforming regarding any requirement of this chapter due to the acquisition of right-of-way by eminent domain, dedication, or purchase, by a city, county, state, or federal agency shall be deemed legal nonconforming. Such exemption shall apply only to noncompliance that is a direct result of the acquisition of right-of-way.
(Ordinance 6727 adopted 5/20/2024)