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Notwithstanding any provision of Title 18 to the contrary, uses and structures made nonconforming by public acquisition shall be subject to the provisions of this section.
.010 A use or structure made nonconforming by a “public acquisition” (defined as the acquisition of property by condemnation, purchase under threat of eminent domain, dedication, or otherwise for a public use, as the term “public use” is defined by California Code of Civil Procedure Section 1240.010, and as may be amended hereafter and including public acquisition and construction of the project for which the public acquisition is taken, undertaken by the City and/or other public agency), may be continued subject to the provisions of this Section. For the purposes of application of this Chapter, a property shall be deemed to be acquired by public acquisition at the time the acquiring public entity takes title to the property being acquired, or the time the public entity is legally entitled to take possession of the property being acquired, whichever first occurs.
.0101 Where a structure is located upon a lot, a portion of which is acquired by a public acquisition, such structure and site improvements may be maintained upon the remaining portion of said lot, and may thereafter be used, maintained or repaired without relocating or altering the same to comply with the development standards of the zone in which it is located.
.0102 Further, if such structure is partially located upon the property being acquired by a public acquisition, it may be relocated upon the same lot or premises without observing the required setbacks adjacent to the new lot line created by such public acquisition, and without reducing the number of dwelling units to conform to the development standards of the zone in which it is located.
.0103 If a lot does not comply with the development standards of the zone in which it is located due to a public acquisition, or if a legally existing nonconforming lot is reduced in size due to a public acquisition, the remainder of said lot (so long as said remainder is not smaller in area or width than one-half of the minimum area or width required for the zone in which it is situated) may continue to be utilized as a conforming lot. However, any construction or other development on any such lot that may occur after the public acquisition will continue to be subject to then-applicable development standards, unless otherwise excepted therefrom as a non-conforming use or structure, or otherwise eligible for an Administrative Adjustment under Section 18.56.130.020, below.
.0104 Any use of land, building, or structure which is made “non-conforming” either in design or arrangement due to public acquisition, shall be exempt from the requirements of Section 18.56.100 (Amortization).
.020 Expansion of Use or Structure. A use or structure made nonconforming by a public acquisition may be expanded subject to the requirements of this Chapter. However if the expansion of use or structure does not conform to the requirements of this Chapter, then such expansion may be permitted subject to the approval of an Administrative Adjustment per the provisions of Section 18.62.040 (Administrative Adjustments) and the requirements provided therein.
.030 Applicability. The provisions of this section shall apply to all zones in the City. (Ord. 6245 § 85; June 5, 2012.)