2-3-070 Nonconforming Lot

A. Continuation. A nonconforming lot may continue to be occupied and used although it may not conform in every respect with the dimensional requirements of this Code, subject to the provisions of this Chapter. B. New Single Family Dwelling. A new single family dwelling may be constructed on a legally established lot which is nonconforming as to area, width, or both, provided: 1. The lot was legally nonconforming when the area or width requirements were changed; 2. The use is for the sole purpose of a single family dwelling; 3. There is only one (1) main building on the lot; and 4. The dwelling will conform to all other requirements of this Code, such as lot frontage, yard setbacks, building height, and other applicable requirements, such as street improvements, fire protection, and building codes. C. Lot with Building. If a nonconforming lot contains a building legally established before the effective date of this Code, then the owner may continue the then-existing use of such building and may expand the building in any way that does not increase the degree of nonconformity. An increase in building size shall not be deemed to increase the degree of nonconformity of the lot unless the building increases any encroachment into a required setback or height. Remodeling of a building within an existing footprint or expansion in compliance with this section shall not require a variance to lot requirements but shall be reviewed by the Zoning Administrator as though the lot conforms to the requirements of this Code.