§ 158.278. Nonconforming Adjoining Lots of Record Within Same Ownership.

(A)

If two (2) or more lots of record, portions of lots of record, or any combination thereof, within the same ownership and having continuous frontage on the same street are of record as of the effective date of enactment or a relevant amendment of this chapter, and if all or part of those lots, portions of lots, or combinations thereof do not meet the applicable area or width requirements of this chapter, those lots, portions of lots, or combination thereof shall be subject to the following provisions:

(1)

Where those lots, portions of lots, or combination thereof are occupied by one (1) or more structures or uses, the Zoning Administrator shall determine and establish the effective allocation of the total land parcel to the structures or uses in a manner as to provide for the maximum degree of compliance with all applicable requirements of this chapter, and allocation shall thereafter constitute the land to be utilized for the existing individual structures or uses in the administration and enforcement of this chapter.

(2)

Where those lots, portions of lots, or combinations thereof are vacant, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of that parcel shall be used or transferred in ownership so as to diminish the degree of compliance with the applicable area or width requirements of this chapter; nor shall any division of any parcel by made which creates a land parcel having an area or width not meeting the applicable requirements of this chapter.

(B)

In the administration and enforcement of the provisions of this section, burden of proof relating ownership as of the effective date of enactment or relevant amendment of this chapter shall lie with the owner of the affected property. Where a violation of the provisions of this section is found to exist, irrespective of the elapsed time period following the date of the violation, no development permit of any type shall be issued by the city for the entirety or any portion of the affected property while the violation continues to exist, and the remedies therefor shall lie solely among the affected property owners or their successors in title.

(Ord. No. 98-84, § 1, 3-22-99)