§ 8.4. Nonconforming Lots of Record.

A.

General. No use or structure shall be established on a nonconforming lot of record except in accordance with the standards in this section.

B.

Status of Structures on Nonconforming Lots.

1.

Conforming structures legally established on a nonconforming lot of record before March 1, 2015 may be continued, enlarged, extended, reconstructed, or structurally altered in any way that is in conformance with the standards of this Code.

2.

Nonconforming structures legally established on a nonconforming lot before March 1, 2015 may be continued, enlarged, or redeveloped only in accordance with the standards in Section 8.3, Nonconforming Structures.

C.

Development of Nonconforming Lots. Notwithstanding limitations imposed by other provisions of this Code, a nonconforming lot may be used for any use permitted in the zoning district in which the lot is located, or as the site for any structure containing such a permitted use, provided:

1.

The lot is located within a business district; or

2.

The lot is developed as a single-family use and otherwise meets all other applicable standards of the zoning district in which the lot is located, except that the minimum side yard setback and minimum rear yard setback for a new affordable single-family dwelling located on a nonconforming lot shall be reduced to five feet and 15 feet, respectively.

D.

Combination of Lots to Eliminate Nonconformity. If a vacant nonconforming lot abuts another lot (whether conforming or nonconforming) held in the same ownership, the lots shall be combined or recombined to create one or more conforming lots.

E.

Governmental Acquisition of a Portion of Lot. If a conforming lot is made nonconforming due to governmental acquisition of a portion of the lot for a public purpose that results in the lot no longer complying with applicable lot area or lot width standards, the lot shall be deemed a conforming lot upon receipt of a Site Plan or Building Permit demonstrating that the development existing or proposed on the lot:

1.

Complies with the use tables in Section 5.2.A, Principal Use Tables;

2.

Complies with the dimensional standards of this Code to the maximum extent practicable;

3.

Complies with the off-street parking and landscaping standards of this Code to the maximum extent practicable;

4.

Complies with all other standards and requirements of this Code; and

5.

Is designed and configured in a way that is compatible with surrounding development.