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Article 10 — Nonconforming Lots, Buildings and Uses, Chapter 10-1 — NONCONFORMING LOTS
§ 10-1-1
Nonconforming Lot Defined
(a)Nonconforming lot is defined as:
(1)A lot of record which legally existed prior to the adoption of this Unified Land Development Code but which, due to the adoption of this Ordinance, does not conform to the minimum access, frontage, lot size, lot width, or other lot requirements of the zoning district or overlay district in which the lot is located as established by this Ordinance; or
(2)A lot of record lawfully established after the effective date of this Unified Land Development Code which, due to an amendment to this Unified Land Development Code, does not conform to the minimum access, frontage, lot size, lot width, or other lot requirements of the zoning district or overlay district in which the lot is located.
(b)Three examples of nonconforming lots illustrate this definition.
(1)A lot that has an area of 18,000 square feet when a lot area of 20,000 square feet is required by the zoning district in which it is located is a nonconforming lot with regard to lot area.
(2)A lot that has a width of 65 feet when the minimum established for the zoning district in which it is located is 100 feet is a nonconforming lot with regard to lot width.
(3)A lot that has only 30 feet of frontage when 40 feet is required is a nonconforming lot with regard to minimum required lot frontage.
§ 10-1-2
Development on Nonconforming Lots
(a)A nonconforming lot may be used as a building site, or a lawful use may be established thereupon, provided that the access, height, buffer, setback, and other dimensional requirements of the zoning district or overlay district in which the nonconforming lot is located are complied with or a variance is obtained, provided that the lot meets all the current standards and requirements of the Hall County Environmental Health Department unless connected to sanitary sewer.
For example, a lot that does not meet the minimum lot size or minimum lot width for the zoning district in which it is located can still be built upon but the minimum required zoning setbacks still apply.
The variance process is a possible remedy, if this creates hardship.
(b)Lots which do not conform to the access or frontage requirements of this Unified Land Development Code may not be developed unless required access to a public street or an approved private street is provided directly or through a recorded easement.