§ 58.1189. Waivers and Exceptions.

If, as a result of a governmental acquisition of property, either by negotiation or condemnation, existing lots, parcels, structures, or uses of land become nonconforming within the provisions of the City Code, the following provisions may apply with respect to the Application for Waiver or Exceptions (Section 58.1188):

(1)

Existing characteristics of use which become nonconforming or increase in nonconformity as a result of the acquisition, including but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention, shall be required to meet Code requirements to the greatest extent practicable and to the satisfaction of the appropriate Department Head. Thereafter, the existing characteristics of use shall be deemed conforming to the extent of those non-conformities caused by the government's acquisition. Any further redevelopment, expansion, or enlargement thereof shall be in accordance with all applicable City Code requirements.

(2)

In granting any waiver or exception to City Code requirements, the Department Head of the department having jurisdiction over the specific area of the Code shall:

a.

Determine that the requested exception or waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties.

b.

Determine that the requested exception or waiver shall not adversely affect the safety of pedestrians or operators of motor vehicles.

c.

Preserve Code-required off-street parking requirements to the greatest extent practicable. The reconfiguration, reduction, or removal of landscape and/or open space requirements may be considered to preserve off-street parking.

(3)

If any legally existing structure(s) (principal or accessory), or vehicular use area(s) must be relocated as a direct result of the governmental acquisition, or as a result of safety concerns, if allowed to remain after the acquisition, then the appropriate Department Head in consultation with the Building Official may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable. If the allowed relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming with respect to said characteristics. Any future expansion or enlargement thereof shall be in accordance with all applicable Code requirements.

(4)

Legally existing structures (principal or accessory) or vehicular use areas which become nonconforming or increase in nonconformity according to subsection (1), and which are thereafter damaged or destroyed other than by voluntary demolition, to an extent of more than fifty percent (50%) of assessed value at the time of destruction can be restored, but only to predestruction condition. Any expansion or enlargement under this Section that does not increase the nonconformity of a characteristic of use shall only occur in accordance with all applicable Code requirements.

(5)

If a structure to be relocated harbors a nonconforming use, the Zoning Official and Building Official may permit a relocation pursuant to this Part, if the appropriate Department Head determines that public harm will not result.

(6)

Where part of a principal structure is acquired, the reconstruction of said structure (same size and use) may be permitted. The reconstruction must meet City Code to the greatest extent practicable and to the satisfaction of the appropriate Department Head and the Building Official. The reconstructed structure shall thereafter be deemed conforming as to those non-conformities caused by the government acquisition. Any future expansion or enlargement shall meet any and all applicable Code provisions.

(7)

Any alterations, repairs or rehabilitation work necessitated by a governmental or public agency acquisition may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The Building Official shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.

(Ord. of 4-5-1999, § 5, Doc. #32006)