The provisions of this Article shall apply to any lot affected by the acquisition of land for right-of-way or other purposes by a governmental agency.
(1) Setback. Notwithstanding any provisions of this Article to the contrary, any legally established buildings, structures, freestanding identification signs or outdoor operations, or portions thereof, which either becomes nonconforming or increases the extent of nonconformity as to setback a result of the acquisition of land for right-of-way or other purposes by a governmental agency, shall be subject to the following provisions.
(a) Building or structure. Any building or structure which becomes nonconforming or increases the extent of nonconformity as to setback as a result of a governmental acquisition may continue to be used or occupied provided the buildings or structures maintain compliance with all applicable health, safety and building codes.
(b) Building or structure. Any building or structure (excluding outdoor operations) which becomes nonconforming or increases the extent of nonconformity as to setback as a result of a governmental acquisition shall be permitted a one-time only exception to remodeled or add-on to such building or structure subject to the following regulations:
1. The owner shall make application for an improvement location permit within six months of the acquisition of land by a governmental agency;
2. The gross floor area devoted of such building or structure shall not be enlarged beyond that which existed prior to the governmental acquisition:
3. Setbacks for all yards not affected by the governmental acquisition shall comply with the applicable development standards of this ordinance; and
4. If compliance with all applicable development standards cannot be achieved for any yard which is affected by the governmental acquisition, the Director may approve an improvement location permit for a remodeling or addition that demonstrates compliance with a development incentive applicable to the specific development standard which cannot be met, if such a development incentive exists, as set forth in Article 5.4 of this ordinance and subject to compliance with all applicable requirements thereof.
(c) Freestanding identification signs. Any freestanding identification sign which either becomes nonconforming or increases the extent of nonconformity as to setback as a result of by a governmental acquisition shall be subject to the following provisions:
1. Such freestanding identification sign may continue to be maintained at the original location of such freestanding identification sign provided that no portion of such freestanding identification sign:
a. Encroaches into any public right-of-way;
b. Interferes with the stated purpose of the governmental agencies acquisition; or
c. Interferes with the vision clearance area set forth in Article 4.14 of this ordinance.
2. If any portion of such freestanding identification sign would:
a. Encroach into any public right-of-way;
b. Interfere with the stated purpose of the governmental agencies acquisition; or
c. Interfere with the vision clearance area set forth in Article 4.14 of this ordinance, the Director may issue an improvement location permit to provide for:
i. The relocation of such freestanding identification sign to a location on the subject site which is in full compliance with all setback provisions of this ordinance; or
ii. The relocation of such freestanding identification sign to a location on the subject site that does not comply with all setback provisions of this ordinance subject to the following regulations:
A. The owner shall make application for an improvement location permit within six months of the acquisition of land by a governmental agency;
B. The Director shall determine that due to the configuration of the remaining property (i.e., location of building, interior access drive or other permanent improvement) the freestanding identification sign cannot be located at the appropriate setback pursuant to Article VII of this ordinance;
C. The Director shall determine that there are no locations on the subject lot and oriented toward the same street to which such freestanding identification sign may be relocated at the appropriate setback without significant site alterations;
D. No portion of such freestanding identification sign shall encroach into any street right-of-way;
E. No portion of such freestanding identification sign shall interfere with the vision clearance area set forth in Article 4.14 of this ordinance; and
F. The relocated freestanding identification sign shall not result in an increase in the extent of any nonconformity, other than setback, than that which existed prior to the governmental acquisition.
iii. The issuance of an improvement location permit for the relocation of a freestanding identification sign under the special provisions of this division shall not be deemed or construed to have removed the nonconforming status of any element of such freestanding identification sign.
3. Outdoor operations: in the case of any outdoor operations, including, but not limited to, off-street parking areas, off-street loading areas, outdoor display, outdoor seating or outside storage, which either becomes nonconforming or increases the extent of nonconformity as to setback as a result of a governmental acquisition and which cannot be reasonably redesigned to achieve compliance with all applicable development standards, the Director may approve an improvement location permit for such outdoor operations, which encroach into a required yard, provided:
a. The owner shall make application for an improvement location permit within six months of the acquisition of land by a governmental agency;
b. The Director shall have determined that such outdoor operations cannot reasonably redesigned to be brought into full compliance with applicable development standards regarding setback; and
c. The Director shall have determined that such outdoor operations have been redesigned, to the extent feasible, to achieve maximum compliance with the applicable development standards of this ordinance (including, but not limited to: setback; design and construction standards; minimum number; and landscaping).
(2) Lot area for single-family dwellings or two-family dwellings. In addition to the above provision, if a single-family dwelling lot or two-family dwelling lot either becomes nonconforming or increases the extent of nonconformity as to lot area as a result of a governmental acquisition, a single- family dwelling or two-family dwelling located on such lot may be reconstructed, remodeled or enlarged provided that such remodeling or additions comply with the development standards related to maximum lot coverage, minimum yards and building setbacks, maximum building height and off-street parking of the R-5 District.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004; Ord. 51-2005, passed 10-10-2005; Ord. 09-2007, passed 4-23-2007; Ord. 24-2009, passed 1-26-2009)