§ 50-783. Nonconforming lots of record.

(a)

In any district, notwithstanding limitations imposed by other provisions of this chapter, principal structures and customary accessory buildings may be erected on any single lot of record previously recorded. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district.

(b)

The zoning officer is hereby granted the discretionary authority to permit a reduction in the required front and rear yard setbacks in direct proportion to the lot depth or width deficiency on the nonconforming lot. For example, if the required depth is 350 feet, but the existing lot depth is only 300 feet, then the front and rear yard setback in an F/RR district may be reduced by 50/350, or 14 percent. Thus, in this example, the front yard setback could be reduced by 0.14 times 50 feet, or by seven feet. In no case may a front or rear yard setback be reduced by the zoning officer to less than 25 feet. Variance of area, width and yard requirements in excess of these standards may be applied for through the board of adjustment.

(c)

No parcel of land of less than minimum width, street frontage and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a separate lot, except when properly authorized by the board of adjustment.

(d)

A building permit for a dwelling shall not be issued unless a lot abuts for at least 30 feet on a street, and only one single-family dwelling may be constructed on such frontage.

(e)

Additionally, to conform to the subdivision regulations in article XI of this chapter, a building permit may be issued for a lot which has access via an easement serving no more than two lots, and which easement connects to a public right-of-way.

(1991 LDR ch. 79, § 10.03; Ord. No. 2007-03, § 23, 7-17-2007)