30.23.240 Residential use of substandard lots.
(1) Use of lots for residential development when such lots have substandard area for their present zone is permitted for single-family dwellings and uses incidental to single-family dwellings if the lot was legally created and satisfied the lot area and lot width requirements applicable at the time of lot creation; but such lots may be used only in the manner and upon the conditions set forth below:
(a) A person who owns a single substandard lot or two or more substandard lots which were not contiguous and under single ownership on December 31, 1989, may use such lot or lots, either individually or in combination, for building sites, one single-family dwelling plus incidental uses thereto per building site if the building sites meet the setbacks and lot coverage requirements and the county health department standards for the zone in which they are located;
(b) A person who owns two or more substandard lots which were contiguous and under single ownership on December 31, 1989, may use such lots, either individually or in combination, for up to two building sites, one single-family dwelling plus incidental uses thereto per building site if the building sites meet the setbacks and lot coverage requirements and the county health department standards for the zone in which they are located. Additional contiguous substandard lots owned by the same person may be used for additional building sites, one dwelling per building site if the additional building sites contain at least one acre (43,560 square feet) or 50 percent of the lot area required for the zone in which such building sites are located, whichever is less and if the building sites meet the setbacks and lot coverage requirements and the county health department standards for the zone in which they are located; and
(c) Notwithstanding the provisions of subsection (1)(b) of this section, a person who owns two or more substandard lots which were established on or after April 15, 1957, and which were contiguous and under single ownership on December 31, 1989, may use such lots, either individually or in combination, for building sites, one single-family dwelling plus incidental uses thereto per building site if the building sites meet the setbacks and lot coverage requirements and the county health department standards for the zone in which they are located.
(2) Single-family dwellings and incidental uses established pursuant to subsection (1) of this section are permitted uses and are not nonconforming uses.
(3) Existing single-family dwellings on substandard lots that are nonconforming only because they do not meet the criteria of subsection (1) of this section may improve or add to the single-family dwelling and may improve, add to or add incidental uses to the single-family dwelling; provided, that any improvements or additions meet the setbacks and lot coverage requirements and the county health department standards for the zone in which they are located.
(4) Existing single-family dwellings on substandard lots that are nonconforming because they do not meet the setbacks, lot coverage requirements, or county health department standards for the zone in which they are located may improve or add to the single-family dwelling and may improve, add to or add incidental uses to the single-family dwelling provided that any improvements or additions do not increase the existing nonconformity or create a new nonconformity with setbacks, lot coverage requirements, or county health department standards. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Emerg. Ord. 08-090, June 16, 2008, Eff date June 16, 2008; Amended by Emerg. Ord. 08-157, Dec. 10, 2008, Eff date Dec. 16, 2008; Amended by Emerg. Ord. 09-035, Apr. 13, 2009, Eff date Apr. 13, 2009; Reenacted by Ord. 09-101, Sept. 30, 2009, Eff date Oct. 16, 2009; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).