9-6-080: NONCONFORMITIES CREATED BY PUBLIC ACTION:
A.   When area or setbacks of a legally created lot or parcel are reduced as the result of conveyance to a federal, state or local government for a public purpose and the remaining area or setback is at least seventy five percent (75%) of the required minimum in the zone where it is located, the lot or parcel shall be deemed to be in compliance with the minimum lot size and setback standards of this title without any need for a variance.
B.   When a lot or parcel is determined to be nonconforming, other than as to lot area or setbacks, as a result of the conveyance of property to a federal, state, or local government for a public purpose, the owner may continue the existing use of the lot, parcel, or structure on the lot or parcel. Any subsequent alterations to the lot or parcel, other than the portion of the lot or parcel rendered nonconforming by public action, shall comply with this title and shall not increase the degree of nonconformity caused by the public action. (Ord. 394, 8-7-2001; amd. Ord. 1534, 4-12-2022)