§ 8.05. Nonconforming lots.

A.

Pre-existing nonconforming lots: A legally-recorded lot which met or exceeded the minimum lot area, lot width, and other dimension requirements of the zoning district in which it was located at the time such lot was recorded or which pre-dates zoning in the county, but which does not now meet the minimum standards of the current zoning district in which it is located, shall be considered a legal nonconforming lot, and shall be subject to the requirements of this article. Existing buildings and structures on such lots shall be considered legal, nonconforming buildings.

B.

Use of nonconforming residential lots:

1.

Legal nonconforming residential lots as defined above shall be buildable for the originally-intended purpose, provided, however, that all buildings and structures constructed thereon shall meet or exceed the applicable minimum standards of the current zoning district, except minimum lot area, and provided further that no dwelling shall be constructed on a lot, or combination of lots, of less than 22,000 square-feet in area unless authorized through a planned development ordinance.

2.

Further, any lot that was granted residential zoning by adoption of an ordinance of the county board following a petition by the current or previous property owner(s) to rezone the subject property for residential purposes shall be considered a legal nonconforming lot and shall be buildable for the originally-intended purpose. Development of the property shall comply with the minimum lot area and lot width requirements of the approved zoning district, but otherwise shall comply with all other applicable regulations of the current zoning district.

3.

If a property so zoned is large enough to constitute two or more conforming lots under the originally-approved zoning district, any division of the property shall be in accordance with the county's subdivision regulations. It shall be the responsibility of the current or previous property owner(s) to show proof of the subject property's prior zoning district classification.

C.

Lots rezoned: Any property zoned Planned Development-Residential (PD-R) as a consequence of the elimination of the zoning district under which it was previously zoned, and any residential lot in a planned development district which does not have specific use and bulk regulations established per a county ordinance for said planned development district, shall be subject to the RC-2, Residential District regulations set forth herein for the purpose of future use, development, and bulk regulations.

D.

Illegal nonconforming lots: A nonconforming lot where such nonconformity was created subsequent to December of 1997 by action or actions of the current or previous property owner(s) and not by government action(s), is declared an illegal nonconforming lot. New uses, buildings and structures, and additions to existing uses, buildings and structures, including those intended for agricultural purposes, shall not be permitted on such lots, and repair of existing buildings and structures which are damaged by any means, if the cost of such repair exceeds 50 percent of the value of the building or structure, shall not be permitted.

E.

Lots rendered nonconforming: Any lot, or combination of lots, under common ownership and on one side of a street, the area of which is less than the minimum lot size required by the zoning district in which said lot(s) is located, that is further reduced in area through the sale of any portion of the combined lot area, shall be deemed an illegal, nonconforming lot and shall be subject to the regulations set forth in this article. However, if the area of a conforming or legal, nonconforming zoning lot is decreased below the minimum area required in the applicable zoning district as a result of the dedication of street right-of-way or the acquisition by government of a portion of the lot for right-of-way, development rights shall not be denied.

(Ord. No. 2006-07, § 2, 2-15-06; Ord. No. 2011-10, § 2(Exh. A), 9-21-11)