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(a) Existing Lots of Record. An individual lot (platted or unplatted) of record in the office of the Shawnee County Register of Deeds on the effective date of the ordinance codified in this division which has less than the minimum required lot area, lot width, or lot depth, and where no adjoining undeveloped land fronting on the same street was under the same ownership on said effective date, may be occupied according to the permitted uses of the district on which the lot is located, provided, all front, side and rear yard requirements are met and all other requirements of this division are complied with.

(b) Street Frontage and Access Required. No lot shall hereafter be created nor shall any principal building be constructed or placed on any lot unless such lot has frontage on either a public street or on a private street which has been approved as part of a planned unit development. In order to be approved such street shall provide permanent and unobstructed vehicular access, have a roadway of adequate width and surface, and meet all other applicable standards and requirements established by the applicable City or County Engineer.

(c) Number of Structures per Zoning Lot. Every building or structure hereafter erected, enlarged or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one principal building or structure located upon such lot or zoning lot as proposed in conjunction with submission of a site plan. Site plans shall be submitted to the Planning Department for review and approval in accordance with City of Topeka Ordinance 17913 and Shawnee County Resolution 2002-272. The site plan shall state the intended purpose, design and character of the proposed development along with the arrangements to be made with respect to common area maintenance, access drives, parking, and, any other common amenities. All other requirements of this division shall be met except for internal adjustments which may be approved by the Planning Director consistent with the stated design, purpose and character of the project.

(d) Lots Held in Common Ownership. Where two or more contiguous substandard recorded lots are in common ownership and are of a size that together constitutes at least one conforming zoning lot, such lots or portions thereof shall be joined, developed, and used for the purpose of forming an effective and conforming zoning lot or lots.

(e) Public Improvement Projects. Where a public improvement project results in the creation of a setback, yard or other deviation from the requirements of this division, the same shall be deemed to be in accordance with the requirements of this division.

(f) Administrative Variances to Minimum Lot Size Requirements. An individual lot (platted or unplatted) of record in the office of the Shawnee County Register of Deeds, for which application for zoning reclassification of said lot has been filed with the Planning and Development Department and which does not comply with the minimum lot size requirements as set forth for the desired zoning classification may be granted an administrative variance by the Director of the Planning Department; provided, that:

(1) The individual lot of record comprises 90 percent or greater of the minimum lot size requirement of the desired zoning district;

(2) The use group of the desired zoning district will be comparable to that of surrounding properties in the neighborhood;

(3) The proposed zoning reclassification of the individual lot does not conflict with, or alternatively, promotes the policies or objectives as stated in the adopted comprehensive metropolitan plan. (Ord. 18085 § 1, 9-9-03; Ord. 17912 § 1, 11-21-02. Code 1995 § 48-27.01.)

Cross References:Planning and Development Department, TMC 2.20.080; City Engineer, TMC 2.20.100.