§ 50-679. Lot regulations.

(a)

Existing lots of record. A single-family structure may be constructed on any lot as a principle use in any R district or accessory use in any A district if such lot is less than the minimum area required for building lots in the A or R district in which it is located, providing the following conditions are met:

(1)

Side yards. No structure shall be constructed on a nonconforming lot unless it shall have a minimum side yard of ten feet.

(2)

Front and rear yards. No structure shall be constructed on a nonconforming lot unless it shall have front and rear yards conforming to the minimum required for the R district in which such lot is located, or is in conformity with the front and rear yard setback lines on the street the lot is located on.

(b)

Lot width. The minimum lot width of any lot shall be measured along the minimum building setback line as required for the district in which it is located.

(c)

Corner lots. At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 30 feet distant from their point of intersection.

(d)

Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this division, except as provided in this division; and if already less than the minimum required by this division, such area or dimension may be continued but shall not be further reduced.

(e)

Limit on dwelling units. No more than one dwelling unit and one guest house may be constructed on any tract of less than 20 acres in the F/RR, A/RR, RR and RR-2 districts. (See section 50-764, for guest house regulations.) To create a buildable lot on less than 20 acres, a subdivision plat must be filed and approved pursuant to article XI of this chapter, as referenced in the county comprehensive plan policy 7.2, 7.4 and 7.5.

(f)

Construction permitting in subdivisions with unimproved roads. There are numerous unrecorded, type II and old recorded subdivisions in the county where no roadways have been improved in recorded rights-of-way or easements. It is in the public interest for property owners in these areas to utilize their legal access to their property rather than creating access roads across other private properties. In order to promote such a policy, the county has restricted the issuance of building permits in certain areas. It is necessary to establish some guidelines for the issuance of permits in areas where this problem exists in order to provide some means or orderly development of the existing lots. Therefore, the following criteria are adopted for building permits in unrecorded subdivisions, type II subdivisions, and recorded subdivisions which do not have improved, maintained roads:

(1)

Building permits shall not be issued for any properties until the applicant can demonstrate that there is a cleared roadway, suitable for the passage of a normal two-wheel drive automobile during fair weather, from their property line to a constructed public road. The applicant shall further demonstrate that this roadway lies within a platted or deeded street or easement.

(2)

Upon the establishment of subsection (f)(1) of this section, a building permit may be issued if all other requirements are met and the applicant shall be informed by the county development department, in writing, that the county is not responsible for the repair, maintenance, stabilization or any other improvements to any roadways not within the established maintenance system, and that unplatted roads or easements will not be considered for acceptance into the maintenance system until all requirements of the county road department can be met, such as, but not limited to, the establishment of an MSTU or the improvement of the road to applicable specifications of article XI of this chapter.

(1991 LDR ch. 79, § 5.01; Ord. No. 2007-03, § 21, 7-17-2007)