§ 72-177. Parcels of land divided by right-of-way.

For the purpose of determining building permit requirements, setback requirements and minimum lot sizes, those lots or parcels of real property titled under common ownership, located within the unincorporated area of the county, that are separated or divided by a public right-of-way, street, road, alley or easement shall be defined as follows:

(1)

Where the land area on each side of the public roadway or road meets the minimum requirement for lot size in the designated zoning classification, then the landowner shall be deemed the owner of two separate lots or parcels for the purposes of this article.

(2)

Where the land area on either side of the public right-of-way or road fails to meet the minimum requirements for lot size in the designated zoning classification, then the landowner shall be deemed the owner of one lot or parcel for the purposes of this article, and the principal structure or dwelling unit shall be located on the side or part having the greater land area.

(3)

In platting new subdivisions or new roads, the land area must meet the minimum lot area requirements on at least one side of the public street.

(Ord. No. 2004-20, § IV, 12-16-04; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2013-01, § II, 1-24-13)