20.20.070 Lots nonconforming as to area, street frontage, width or depth – Status.
A. An individual nonconforming lot legally created pursuant to LUC 20.20.060 may be used for a building site if:
1. There are no restrictions on development imposed by prior permits or land use approvals; and
2. The lot does not lie within a Residential (R-1 – R-30) Land Use District; or
3. The lot lies within a Residential (R-1 – R-30) Land Use District; and
a. The area, width and depth of the lot each meet or exceed 70 percent of the minimum requirements for the Residential (R-1 – R-30) Land Use District in which it is located, or
b. Although the area, width or depth of the lot, or a combination thereof, do not meet 70 percent of the minimum requirements of the Residential (R-1 – R-30) Land Use District in which it is located,
i. The lot’s area meets or exceeds 3,000 square feet; and
ii. The lot’s width meets or exceeds 30 feet; and
iii. The lot’s depth meets or exceeds 50 feet.
B. Development of an individual lot failing to meet 70 percent of the area, width or depth requirements of the land use district in which it is located is restricted to a maximum building height computed by the following formula (see Example A at the end of this section). The maximum building height resulting from the following formula may be modified up to the maximum height allowed in the underlying land use district through a variance pursuant to Part 20.30G LUC or Part 20.30H LUC:
Building Height = 2 x C x H
C = The ratio of potentially buildable area (lot area less the area of the lot’s minimum setback requirements) to total lot area.
H = The general building height requirement otherwise applicable to the lot.
(Calculation of building height is in no way intended to suggest a waiver of lot coverage requirements imposed elsewhere in the Code. Similarly, calculations are based on basic Code requirements; any variances to setbacks of the property do not affect building height calculation.)
Provided, that in no event shall building height exceed the building height requirement otherwise applicable to the lot; and provided, that in no event shall a building height requirement be imposed less than 15 feet.
C. Notwithstanding subsection A of this section, a nonconforming lot in a Residential (R-1 – R-30) Land Use District failing to meet or exceed 70 percent of minimum area, width and depth requirements of the district in which it is located may not be used for a building site if at any time since the effective date of the ordinance which first established a minimum lot area, width, depth or street frontage requirement larger than the lot contains or annexation, whichever was later, has a person, partnership, corporation or marital community owning said lot simultaneously owning additional contiguous property. Such lots must be combined with additional contiguous property sufficient that the area, width and depth of the combined property each meets or exceeds 70 percent of the minimum requirements of the land use district in which the property is located. This subsection does not constitute a waiver of any of the requirements of boundary line adjustment procedure.
D. Any nonconforming lot used for a building site must meet the nonconforming provisions of LUC 20.20.560, the building height requirements of subsection B of this section and the applicable dimensional requirements of LUC 20.20.010 for the district in which it is located, unless a variance has been granted pursuant to Part 20.30G or 20.30H LUC or modification has been granted pursuant to LUC 20.25H.040.B.
E. This section is not applicable in the BelRed Land Use Districts. Refer to LUC 20.25D.060 for regulations relating to existing conditions.
(Ord. 5991, 2-7-11, § 1; Ord. 5876, 5-18-09, § 8; Ord. 3921, 6-20-88, § 3; Ord. 3690, 8-4-86, § 4)