104-1-4 Area Requirements For Parcels Split By Zone Boundaries

(a) General Rule. Where a parcel is split by a zone boundary, each portion of the parcel shall comply with the development standards of the zone in which it is located, except as provided in subsections (b) and (c) below. (b) Two-Thirds Rule — More Restrictive Zone Controls. Where a parcel split by a zone boundary contains, within the more restrictive zone, at least two-thirds of the minimum lot area required by that zone, the area located in the less restrictive zone may be counted toward meeting the total minimum lot area requirement of the more restrictive zone. In such case the development standards of the more restrictive zone shall apply to the entire parcel. For purposes of this section, the more restrictive zone is the zone with the larger minimum lot area requirement. (c) Less Than Two-Thirds — Less Restrictive Zone Controls. Where a parcel split by a zone boundary contains, within the more restrictive zone, less than twothirds of the minimum lot area required by that zone, the primary structure and all accessory structures shall be located in the less restrictive zone. The area of the parcel located in the more restrictive zone may be counted toward meeting the minimum lot area requirement of the less restrictive zone. (d) Interpretation. Where the application of these rules does not resolve the applicable development standards for a split parcel, the property owner may request a written determination from the Planning Director. The Planning Director shall issue a written determination within 30 days of a written request. The determination may be appealed to the appeal authority in accordance with Section 102-3.