§ 2-145. Nonconforming adjoining lots of record within the same ownership.

(a)

If two or more lots of record, portions of lots of record, or any combinations thereof within the same ownership and having continuous frontage on the same street, are of record as of the effective date of enactment of or relevant amendment to this Land Development Code, and if all or part of said lots, portions of lots, or combinations thereof do not meet the applicable area and/or width requirements of this Land Development Code, said lots, portions of lots, or combinations thereof shall be subject to the following provisions:

(1)

Where said lots, portions of lots, or combinations thereof are occupied by one or more structures and/or uses, the building and zoning official or the council's designee shall determine and establish the effective allocation of the total land parcel to the structures and/or uses in such manner as to provide for the maximum degree of compliance with all applicable requirements of this Land Development Code, and said allocation shall thereafter constitute the lands to be utilized for the existing individual structures and/or uses in the administration and enforcement of this Land Development Code;

(2)

Where said 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 Land Development Code, and no division of said parcel shall be made so as to diminish the degree of compliance with the applicable area and/or width requirements of this Land Development Code; nor shall any division of any said parcel be made which creates a land parcel having an area and/or width not meeting the applicable requirements of this Land Development Code. For the purposes of this Land Development Code, said undivided parcel shall be deemed to qualify as a single lot of record under section 2-144 of this LDC, notwithstanding, section 2-144(1).

(b)

In the administration and enforcement of the provisions of this section, burden of proof relating to ownership as of the effective date of enactment of or relevant amendment to this Land Development Code shall lie with the owners 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 said violation, no development permit of any type shall be issued by the city for the entirety or any portion of the affected property while said violation continues to exist, and the remedies therefor shall lie solely among the affected property owners or their successors in title.

(Ord. No. 05-536, § 301.41, 12-20-2005)