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(b) The lot exceeding the maximum lot size is intended to reserve a <br />large lot for future land division with feasibility demonstrated by a <br />conceptual buildout plan. <br />(c) The subdivision achieves a minimum density of 9 units per net <br />acre. <br />(d) The exception will enable protection of natural resources. <br />(4) An alley access only lot may be created only if: <br />(a) The original lot from which the alley access only lot is created <br />abuts a street for at least a continuous 45 feet and is at least 6,750 <br />square feet prior to the creation of the alley access only lot; <br />(b) Only one alley access only lot may be created from any portion of a <br />lot that exists as of [the date these standards are adopted]; and <br />(c) A new alley access only lot must include the entire portion of the <br />original lot’s lot line that abuts the alley. <br />9.3640 Non-conforming development. <br />(1) Existing development that does not meet the lot coverage or open space <br />requirements at EC Table 9.3625, 9.3626(6) or (7) must be brought into <br />conformance with the lot coverage and open space standards in those <br />code sections only when any additional dwelling is created or the <br />number of bedrooms in any dwelling is increased to four or more. <br />However, no development may increase the extent of non-conformance. <br />(2) Existing development that does not meet the driveway or parking <br />requirements at EC 9.3625(3), (6) or (7) must be brought into <br />conformance with those driveway and parking standards only when: <br />(a) An additional dwelling is created on the lot; <br />(b) The number of bedrooms in any dwelling on the lot is increased to <br />four or more; or <br />(c) The proposed development would otherwise result in an increase <br />in the extent of the existing driveway’s or parking area’s non- <br />conformance. <br />(3) A non-conforming driveway or parking area may be paved or re-paved to <br />the extent of the driveway or parking area that existed as of [the date <br />these standards are adopted] without having to be brought into <br />conformance. <br />(4) Legally established buildings and uses conforming to the residential net <br />density requirements in the R-2 zone on December 7, 1994 are exempt <br />from EC 9.1210 to 9.1230 Legal Nonconforming Situations, pertaining to <br />nonconforming uses. This exemption is limited to development sites in <br />the S-JW Jefferson Westside Special Area Zone on which residential <br />buildings and uses existed, or in which a development permit or land <br />use application was pending, on December 7, 1994. If such a building <br />which is nonconforming as to minimum density is destroyed by fire or <br />other causes beyond the control of the owner, the development site may <br />be redeveloped with the previous number of dwelling unit(s) if <br />completely rebuilt within 5 years. If not completely rebuilt within 5 <br />years, the development site is subject to the density standards for the S- <br />JW Jefferson Westside Special Area Zone. <br />Ordinance - Page 17 of 20 Ord.(v3) <br />