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under this section may be up to 10 feet if the adjustment is necessary to <br />accommodate an encroachment that existed as of December 14, 2009,. <br />(g) A lot must have the capacity for vehicular access from an alley or street <br />consistent with access standards in the EC. <br />(h) The creation of a new flag lot is prohibited in the S-JW Jefferson <br />Westside Special Area Zone. <br />(2) <br />Other than an alley access only lot, a lot with an area of less than 4500 square <br />feet: <br />(a) May be created only if: <br />1. The original lot from which the small lot is created abutted a street for <br />at least a continuous 45 feet and was at least 6,750 square feet prior <br />to the creation of the small lot; and <br />2. Shall not have an existing dwelling that has more than three <br />bedrooms. <br />3. Only one “small lot” may be created from any portion of a lot that <br />exists as of December 14, 2009. <br />(b) No new dwelling with more than three bedrooms is allowed on a small <br />lot. <br />(3) <br /> Exceptions to the maximum lot size shall be granted if any of the following is <br />met: <br />(a) Existing physical circumstances such as topographically constrained <br />lands, conservation easements, existing buildings, or utility easements <br />prevent the ability to further divide the lot. <br />(b) The lot exceeding the maximum lot size is intended to reserve a large lot <br />for future land division with feasibility demonstrated by a conceptual <br />buildout plan. <br />(c) The subdivision achieves a minimum density of 9 units per net acre. <br />(d) The exception will enable protection of natural resources. <br />(4) <br /> An alley access only lot may be created only if: <br />(a) The original lot from which the alley access only lot is created abuts a <br />street for at least a continuous 45 feet and is at least 6,750 square feet <br />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 lot <br />that exists as of December 14, 2009; and <br />(c) A new alley access only lot must include the entire portion of the original <br />lot’s lot line that abuts the alley. <br />9.3640 Non-conforming development. <br />(1) <br /> 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 code <br />sections only when any additional dwelling is created or the number of <br />bedrooms in any dwelling is increased to four or more. However, no <br />development may increase the extent of non-conformance. <br />(2) <br /> Existing development that does not meet the driveway or parking <br />requirements at EC 9.3625(3), (6) or (7) must be brought into conformance <br />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 four <br />or more; or <br />Ordinance - Page 16 of 19 <br />