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A. A lot which was legally created under the terms of the land use and subdivision requirements prior to the effective date of this title but does not conform to the area and/or dimensional requirements currently applicable, shall be afforded the same status as a conforming lot.

B. A lot that has been rendered nonconforming as to area and/or dimensional requirements after the establishment of this chapter by the result of a court order, condemnation by an entity with the power of eminent domain, or any other action which was not initiated, caused or promoted by the owner at the time of the division, shall be considered a conforming lot.

C. A lot not covered in subsections (A) and (B) of this section but which does not conform to the area and/or dimensional requirements of this code may be afforded the same status as a conforming lot provided that a conditional use permit is approved by the board of adjustment. In considering the conditional use permit, the board shall make findings regarding all of the following criteria:

1. The current owner of the lot in question was an innocent purchaser for value or the successor thereof;

2. No reasonable possibility of recombination with other portions of the original parcel from which the subject lot was divided existed at the time that the owner of the property received notice of the status of the lot;

3. That the lot is otherwise reasonably capable of use under the requirements of all applicable regulations;

4. That no reasonably available information indicates that a discrepancy or conflict exists with regard to the boundaries or ownership of the parcel;

5. In addition, the board of adjustment shall have the authority to attach such conditions to ensure compatibility with uses in the vicinity.

D. The provisions of subsections (A) and (B) of this section do not apply if two or more existing lots nonconforming as to area and/or dimensional requirements fall adjacent to one another, remain under common ownership, and could be developed as a single conforming parcel.

(Prior code § 11.029.080)