§ 33-280. Lot area and width.

Lots for any use in AU District shall contain a minimum of five (5) acres, and have a minimum street frontage of two hundred (200) feet. Credit shall be given towards lot area requirements for right-of-way dedication from the site.

It is provided, however, that non-residential, agricultural uses shall be allowed, on a lot that is less than five (5) acres, only if: (1) the lot is located outside the Urban Development Boundary as shown on the Land Use Plan Map of the Comprehensive Development Master Plan; and (2) the lot has been created by recorded warranty deed; and (3) the property owner has recorded a restrictive covenant on the property on a form approved by the Director that discloses that the property is solely for non-residential agricultural uses and that there is no right to a residential use of the property. Non-residential agricultural use of a property that is less than five (5) acres shall only be permitted upon the submission to the Department of a certified copy of the recorded restrictive covenant required above.

Exceptions to be foregoing requirements shall be as follows:

(1)

Lots platted prior to April 12, 1974, or lots for which tentative plats have been approved as of April 12, 1974, and finally approved and recorded within ninety (90) days from April 12, 1974, or lots purchased under a contract for deed or deeded prior to April 12, 1974, and which lots contain a minimum of one (1) acre in lot area and have a minimum street frontage of one hundred fifty (150) feet for any use provided for in this section except poultry raising; or lots for the raising of one hundred (100) poultry or more containing a minimum lot area of two and one-half (2½) acres. Credit shall be given for right-of-way dedication from the site for both frontage and area computations. If contiguous property of more than the minimum area and frontage indicated herein, but less than the five (5) acres required by this section is already under one (1) ownership on April 12, 1974, such property shall be considered as one (1) parcel of land and cannot be divided or used except as one (1) lot.

(2)

Lots platted or purchased under a contract for a deed or deeded prior to February 13, 1951, containing a minimum lot area of ten thousand (10,000) square feet and having a minimum street frontage of one hundred (100) feet may be used as a building site for residential use.

(3)

A lot rezoned to AU pursuant to application of the Director, which does not meet the five-acre area or the minimum frontage requirements of this section may be used for any use permitted in the AU District where:

(a)

The zoning immediately prior to such rezoning would have allowed the issuance of a building permit on said lot; and either

(b)

Said lot was platted or a waiver of plat was approved prior to the effective date of the rezoning; or

(c)

Said lot was the subject of an approval of tentative plat prior to the date of the rezoning and the plat was finally approved within one hundred twenty (120) days of the tentative plat approval as provided in Section 28-7(e); or

(d)

Said lot was purchased under a contract for deed or deeded prior to the effective date of the rezoning, provided that if contiguous property is already under one (1) ownership at the effective date of the rezoning, such property shall be considered as one (1) parcel of land and cannot be divided or used pursuant to this subsection except as one (1) lot.

Subsections 33-280(1) and (2) shall not apply to any lot which was rezoned to AU from another zoning district pursuant to application of the Director, subsequent to December 28, 1984.

(Ord. No. 57-19, § 26(B), 10-22-57; Ord. No. 59-9, § 1, 4-28-59; Ord. No. 74-16, § 2, 4-2-74; Ord. No. 84-96, § 1, 12-18-84; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 13-120, § 1, 12-3-13)