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<br />-6- <br /> <br />such .Location WOU.Ld not have been prohio1tea by any <br />ordinance, ana has remained 1n separate and indiviaual <br />ownersh1p from aaJoining tracts of lana continous.Ly <br />during the entire time that the creation of such lot has <br />been prohibited by ordinance. Use of a lawful.LY <br />nonconformining lot is subject to the follow1ng <br />restrictions: <br /> <br />(1) In any residential distr1ct, a awe.L.Ling <br />containing the minimum number of units <br />permitted oy the applicable district <br />regulations may be erected on a .Lawfully <br />nonconforming .Lot of record having no <br />dimension or area less than 50 percent of the <br />normal minimum required, and proviaed that all <br />normal minimum setback requirements shal.L be <br />met except that sideyards may be reduced in <br />proportion to the percent difference in the <br />lot width compared to the normal min1mum <br />requ1rements. <br /> <br />(2) In districts other than residential, a <br />building designed for a use permittea bY right <br />in the applicable aistrict may be erected on a <br />lawfUlly nonconforming lot of record provided <br />the other requirements of the district are <br />compliea with. <br /> <br />SECTION 39. That Subsection 40{C){2) of the General Zoning <br />Ord1nance of the San Marcos COde of Ora1nances is hereoy repea.Led. <br /> <br />SECTION 40. That new SUbsection 40(C){2) of the General <br />Zoning Ordinance of the San Marcos Coae of Ordinances is herebY <br />adoptea to read as fO.Llows: <br /> <br />(2) The board shall have the power to authorize <br />upon appeal in specif1c cases, such var1ances <br />from the terms of this ordinance as wil.L not <br />be contrary to the public interest, where, <br />owing to special conditions, a literal <br />enforcement of the provisions of th1s <br />ordinance will result in unnecessary hardship, <br />and so that the spirit of this orainance shall <br />be ooserved ana substantial Justice done. <br />Variances may be granted only in the fO.Llowing <br />instances. <br /> <br />(a) To vary the applicaole .Lot area, lot <br />wiath or frontage, ana lot aepth <br />requirements, proviaea that the amount of <br />such reduction shall not exceed 20 <br />percent of the standard minimum. <br /> <br />(b) To vary the applicable minimum ouild1ng <br />setback requirements, lot coverage, ana <br />maX1mum perm1tted height. <br /> <br />(c) To vary the regUlations pertain1ng to <br />signs as permitted by Section 5-5, <br />Appendix B, of the COde of Orainances. <br /> <br />(d) To vary the regulations pertaining to <br />off-street park1ng and .Loading conta1ned <br />1n Section 37. <br /> <br />(e) <br /> <br />To vary the regUlations <br />restoration of aamaged <br />nonconforming structures <br />Section 39{B){2). <br /> <br />pertaining to <br />or aestroyea <br />contained in <br /> <br />SECTION 41. That new Subsection <br />Zoning Ord1nance of the San Marcos Code of <br />adopted to read as follows: <br /> <br />40{C)(3) of the General <br />Ordinances is hereby <br />