(A) Any lot which was legally created but became non-conforming due to changes in area or dimensional requirements as a result of the adoption of this chapter may be subject to the following:
(1) May be combined for tax purposes with a contiguous parcel or parcels, but may not be re-subdivided into a non-conforming lot, even if the division is consistent with the original lot configurations.
(2) If an owner has an interest in more than one lot of record contiguous to other lots of record, all such lots must be combined to meet the requirements of this section or the provisions of the zoning district in which the property is located, whichever is more restrictive. If sufficient contiguous property is held in one ownership to comply, with the provision of the zoning district where the property is located, the zoning district provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district.
(3) A vacant lot may be used for a single-family detached dwelling (if permitted by the district regulations), if the lot area or width measurements meet at least 75% of the requirements for both the lot area and width requirements.
(4) Additions to principal or accessory buildings or structures located on non-conforming lots may be permitted provided that any such addition will meet all minimum setback requirements of the zoning district in which it is located.
(5) If the lot is non-conforming due to public action after the lot was created or has no buildable area outside the floodplain or critical area overlay setbacks, then no variance may be required for the reconstruction of a single-family dwelling on a non-conforming lot that is damaged to the extent of 50% or more of its market value (excluding land value), so long as the replacement dwelling has a footprint, building height and floor area size equal to that of the destroyed dwelling.
(B) All reconstruction in the Flood Hazard Overlay must be in compliance with Minnesota Rules parts 6120.5000 - 6120.6200. The only acceptable method of elevating the lowest floor, including the basement (as defined for the Flood Hazard Overlay), is with the placement of earthen materials (fill). Other methods require a variance.
(C) Reconstruction commences within one year of the date of the destruction of the original building and reasonable progress must be made in completing the project for this division to be applicable. A building permit must be obtained prior to construction of the new dwelling and the new structure must be constructed in compliance with all other City Codes regulations.
(Ord. 2000-936)
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