§ 134-35. Administrative variances when property acquired under exercise of eminent domain.

If the county or any other lawfully constituted state or federal governmental authority, agency or body or utility having the authority of eminent domain condemns or acquires property, and, as the sole result of such condemnation or acquisition, nonconformity is created in setback lines, required lot size, density or parking regulations, the zoning division manager or his designee shall be authorized to grant such administrative variances as are necessary to bring the property into conformance upon receipt of a properly documented request. Any variance granted under this section may not exceed 25 percent of the existing requirements without application to the board of zoning appeals except for the overall density which allows the existing number of lots, units or floor area ratio (F.A.R.) to remain as it exists at the time of condemnation or acquisition. The property must be legally conforming prior to such condemnation or acquisition in order to qualify for an administrative variance. The zoning division manager or his designee shall be required to maintain records which support the basis for granting such variance. Any variance granted under this section shall only apply to the current zoning district and use. In addition, the division manager of zoning or his designee shall file a certificate of administrative variance on the deed records of the county evidencing such variance. This section shall only apply to property acquired or condemned by an authority exercising eminent domain after December 26, 1972.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-8.10; Ord. of 8-13-91; Ord. of 1-11-94; Ord. of 9-26-95; Ord. of 11-23-99; Amd. of 2-25-14)