08-1250 Eminent Domain Waivers Exceptions & Variances

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codes and regulations, where appropriate, or to seek such waivers or variances before the appropriate boards, in order that property owners who have been subjected to the condemnation process have a viable and fair alternative in preventing any adverse impact upon their property as a result of the condemnation process and allow the continued use of their property in a manner similar to its pre-condemnation condition. Further, it is the intent of this section to establish procedures which will reduce the cost of acquisitions of real property needed for public improvements. (C) Authority of department directors. The Administrative Official or designee(s), shall have the authority to grant waivers or exceptions, or to seek variances on behalf of owners of property from applicable codes, ordinances, regulations, or resolutions. The Administrative Official or designee shall provide a copy of the determination letter to the City Attorney's office if the property is in a condemnation lawsuit, or in pre-suit negotiations, stating that the waiver or exception does not adversely affect the public health, safety or welfare. (D) Application for waivers, exceptions and variances. (1) The condemning authority, or the landowner, may apply in writing to the Administrative Official or designee for a determination that the granting of the waiver or exception will not result in a condition which adversely affects the health, safety or welfare of the general public. (2) The Administrative Official or designee shall, within thirty (30) days of receipt of the application, issue a signed letter to all parties granting or denying the waiver or exception. (3) If the waiver or exception is denied by the Administrative Official or designee, the owner or condemning authority may apply for, at no cost to the owner, a variance before the appropriate board. (E) Waivers, exceptions and variances. If, as a result of a governmental taking, either by negotiation or condemnation, existing lots, parcels, structures, or uses of land become nonconforming with the provisions of the City code, the following provisions shall apply: (1) Existing characteristics of use which become nonconforming or increase in nonconformity as a result of a taking, 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 possible, to the satisfaction of the Administrative Official or designee. Thereafter, the existing characteristics of use shall be deemed conforming only to the extent of those nonconformities caused by the governmental or Ordinance 08-1250 Page 2