§ 17.1.509. Division of nonconforming lots containing two or more dwellings.

In all zones wherein one-family dwellings are listed as a permitted use, an existing parcel containing two or more one-family dwelling structures may be subdivided into separate lots, which lots may or may not conform to the dimension and design requirements for lots within the zone, subject to all of the following:

1.

A finding by the planning commission: (a) that the parcel proposed for subdivision qualifies as a nonconforming lot of record, (b) that each structure located on the lot was legally constructed in accordance with the zoning ordinance and building code in effect at the time of construction, and (c) each dwelling on the parcel qualifies as a one-family dwelling and is occupied by only one family.

2.

A determination that each structure conforms with the setback requirements currently applicable in the zone or has been granted a variance therefrom by the board of adjustment.

3.

A determination that each structure shall be served by separate water, sewer and other utility services.

4.

A determination that each lot shall conform with the off-street parking requirements of the zone.

5.

A determination that all public improvements required for subdivisions shall be in place or the construction thereof secured by an adequate performance guarantee.

6.

A determination by the planning commission that each lot qualifies as a zoning lot.

For purposes of compliance with the terms of the development code, any lot established pursuant to the terms of this section shall, upon recording of a final plat at the office of the county recorder, be construed to be a nonconforming lot of record.

(Ord. No. 07-02-08)