Agenda - 11-28-1983 - Laserfiche WebLink

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toeutio Nrmfrviimm al ARNIE'/1 II 4 At the Hay 23, 1983 Board of Commissioners meeting, questions wei-e,71-aised: .1 .._ ).., concerning the interpretation of the Zoning Ordinance provisions regardin. i non-conf ming lots and structures. Specifically, the questions were as follows: • . - - ' - if an individual owned a one-acre lot in a protected watershed .. with 'a two and/or five acre minimum lot size requirement, could he build a dwelling on that lot? and - if a dwelling constructed on a non-conforming lot was destroyed • by fire to the extent of 75% or more of the floor area, could it 4. , i .• be reconstructed? . . . - . Under Section 11.7.1 U56 of Single Non-conforming Lots for One-FLeiarly... Detached Dwelling, tETITg75TIiithe first question is Les a dwelling coul. be Wit On'a non-conforming lot provided the lot was not in continuous • . . , frontage with other lots under the same ownership and provided setbacks and building height dimensional requirements were met. _ . . The lot would also have to be a "lot of record". A lot of record is defin.d in Artiele 22 Definitions as a - . . I • lot created by deed or plat prioe to' the existence of subdivision: regulations. The area and dimensions of the lot shall meet any regulations in effect at the time the lot was created. Lots of record may be either conforming lots, that is they meet current reg lati. 1 or non-conforming lots. A non-conforming lot is defined in Article 22 as a I legally subdivided lot shown on a legally recorded plat existing at the time regulations were passed requiring greater minimum width or area than provided on such lot, or I establishing other limitations which such lot does not meet. Such.lots may be considered substandard lots of record. ! . Section 11.7.1 specifically addresses those lots of record which are by not re of their size or configuration non-conforming. Section 11.7.1 does not address whether or not the use of the tract is non-conforming, it merely providdS' or the residential use of a non-conforming lot.. However, a dwelling built on a non-conforming lot which suffers fire damage would subsequently be addressed by Section 11.10 Non-Conforming Structures, Other Than Siens,as written, due to non-compliance with one of the five requirements outlined in the Table of Dimensional Requirements which guides development in the various.zoning districts. . _ • The five dimensional requirements are: I *miiiiimum lot area per dwelling unit "miMmum lot width ***rckpired front setback ****reljuired side and rear setback maximum building height I A dwelling unit constructed on a non-conforming lot may not satisfy the requirement "minimum lot area per dwelling unit" marked by an (*), In addition a dwelling built on a non-conforming lot may not satisfy the second requirement "minimum lot width" marked by a (**). Should a dwelling be constructed on a non-conforming lot and subsequenti. be deqroyed by fire to the extent of 75% or more of its floor area, under Section 11.10(c), as written, the dwelling could not be rebuilt as it nay not satisfy either or both of the requiremerrig previously notee which address the non-conformity of the lot on which the dwelling was originIally built. In addition, due to lot configuration, retonstructio of the dwelling may not satisfy the third and fourth requirements" required front,Iside and rear setbacks" marked by WO. This would apply only dwellings constructed on non-conforming lots prior to the application o the Zolling Ordinance in 1981, as all dwellings built on non-conforming lots subsequent to that time would have to meet setback requirements as specified in Section 11.7.1. The intention of the non-conformity sections of the ordinance was not to pro?ide for the construction of dwellings on non-conforming lots, yet to preclude reconstruction of dwellingson Ithe some lots. ___