§ 58.1152. Permitted Uses of Nonconforming Lots.

One Family Dwelling in Residential Districts. A lot in any residential district which is determined to be nonconforming according to Section 58.1150 may be used for a one family dwelling, subject to the requirements of this Section.

Other Uses in R-2A, R-2B, R-3A, R-3B, R-3C and R-3D Districts. A lot in an R-2A, R-2B, R-3A, R-3B, R-3C and R-3D zoning district which is determined to be nonconforming in either width or depth according to Section 58.1150 may be used for any use allowable in such district if a variance is granted for the nonconforming lot width or lot depth, subject to the requirements of this Section.

Non-conforming Residential Lots. When a platted residential lot or Lot of Record is non-conforming in lot area, lot width, or lot depth, the following regulations shall apply:

(a)

Height. The maximum building height shall be two-stories.

(b)

FAR. The maximum floor area ratio shall be 0.50.

(c)

Location of Required Parking. All required parking spaces and garage door elevations shall be set back a minimum of five (5) feet from the principle facade of the principle building. For each lot, the combined width of all garage door(s) facing a street shall not exceed fifty percent (50%) of the combined width of all building elevations facing the same street. Garage accessory structures in the rear half of the lot shall not be included in this calculation, except when the garage accessory structure is located on a corner lot and faces a side street. When a garage accessory structure is located on a corner lot and faces a side street, the garage accessory structure shall be set back a minimum of twenty (20) feet from the street side property line and the combined width of all garage door(s) facing a street shall not exceed thirty-five percent (35%) of the combined width of all building elevations facing a street, including the garage accessory structure.

(d)

Appearance Review Required. Appearance Review shall be required pursuant to the requirements and procedures provided in section 62.300.

(e)

Modification of Standards Prohibited. Modifications to development standards on nonconforming residential lots under Chapter 65 of this Code are prohibited. A variance approved by the Board of Zoning Adjustment shall be required.

Reversion to Original Plat - Residential Lots. When nonconforming residential lots are shown on a plat recorded prior to February 4, 1959, and any portion of two or more lots have been bound together by any action of a property owner to form a conforming building site, the property shall not be split and so as to revert to the original plat except in accordance with the standards provided in this subsection and the procedures provided in Chapter 65, Part 3G. A Final plat pursuant to Chapter 65, Part 3F shall not be required when an application for a reversion to the original plat is submitted; however, the applicant shall submit a boundary survey of the existing conditions of the property, conceptual site and landscaping plans, and conceptual elevations for future buildings on the site. As part of the review of an application for a reversion to the original plat under Chapter 65, Part 3G, the City shall analyze the predominant residential development pattern along both sides of the street on the same block face as the subject property excluding corner lots. A reversion to the original plat may be recommended for approval when more than 50% of the analyzed lots are non-conforming and the proposed reversion conforms to the standards and intent of the Growth Management Plan and Land Development Code.

Uses in O-1, O-2, O-3, MXD-1, MXD-2, MU-1, MU-2, AC, IG, and IP Districts. A lot in any O, MXD, MU, AC, IG, or IP district which is determined to be nonconforming according to Section 58.1150 may be used for any allowable use in such district, subject to the requirements of this Section.

Non-Conforming Non-Residential Lots. In all zoning districts, when a non-residential platted lot or Lot of Record is nonconforming in lot area, lot width, or lot depth, the development shall be subject to Master Plan review as provided in Land Development Code.

(Ord. of 9-16-1991, Doc. #25094; Ord. No. 2010-31, § 1, 8-30-2010, Doc. #1008301109)