Chapter 17.96 — NONCONFORMING LOTS

A lot having less area, width, depth, or frontage than required by the Subdivision Regulations, as set forth in Title 16 of the Municipal Code, for the zone in which it is located, but which was lawfully created prior to the effective date of regulations requiring such greater area or dimension, shall be considered a nonconforming lot. These regulations are intended to provide for the reasonable use of such nonconforming lots consistent with other standards adopted to protect the public health, safety and general welfare.

• A. If a nonconforming lot has been held in common ownership with any contiguous property at any time since November 18, 1977 and it otherwise meets the requirements for parcel merger under Government Code Section 66451.11, it may not be individually developed. The area within such a lot may be developed only after it has been merged with contiguous property or otherwise resubdivided in conjunction with the contiguous property to create one or more conforming parcels or one parcel which more nearly conforms.

• B. In an R-1 or R-2 zone, the merger or resubdivision requirements set forth in paragraph A of this Section shall not apply to a nonconforming lot and contiguous commonly owned property where each of the parcels has an area, width, depth, and frontage equal to at least 80 percent of the minimum required in the Subdivision Regulations (Title 16).

• C. If a nonconforming lot has not been held in common ownership with any contiguous property since November 18, 1977, it may be individually developed.

• D. Property development standards of the applicable zone shall apply to nonconforming lots. However, the density standards shall not prevent construction of a single dwelling unit where otherwise permitted by this Chapter.

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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17