20.80.050 Legal nonconforming lots.
The following provisions apply to legal nonconforming lots:
A. Legal Nonconforming Lot Provisions. A legal nonconforming lot shall be permitted to be developed as long as the proposed structure(s) and use(s) meets the current Unified Development Code. All standards other than the minimum lot area, maximum lot area, minimum lot width, and minimum frontage shall still apply. However, if applying the current Unified Development Code renders the lot undevelopable (e.g., applying the current setbacks does not permit a reasonably developable building envelope), the Board of Zoning Appeals shall research the Unified Development Code that was in place at the time of the lot’s establishment and shall consider all current circumstances and from that information shall set reasonable standards applicable to the lot, rendering it reasonably developable.
B. Loss of Legal Nonconforming Lot Status.
1. Combining Lots Results in Conformity. If a legal nonconforming lot is combined with an adjacent lot resulting in conformity with the current Unified Development Code, it shall lose its legal nonconforming status. Therefore, future division of the combined lot shall conform to the current Unified Development Code.
2. Lots in Combination. If a legal nonconforming lot is owned by the same person as the adjacent lot, and the owner uses both lots in combination for a duration of more than five (5) years, the legal nonconforming lot shall lose its legal nonconforming status; provided the two (2) or more lots in combination would constitute a single conforming lot.
3. Permanent Structure Across Property Lines. If a legal nonconforming lot is owned by the same person as the adjacent lot, and the owner constructs a permanent structure across the property line, thus permanently using two (2) lots in combination, the legal nonconforming lot shall lose its legal nonconforming status; provided the two (2) lots in combination would constitute a single conforming lot. [Ord. 12-27-11 § 8.05.]