§ 29.05. Nonconformity Resulting in Right-of-Way Dedication


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  • Where a nonconforming front yard setback, parking lot setback or greenbelt is created as a result of additional road right-of-way width being acquired by the city, county or state, the building or parking lot may be improved or expanded without the need to obtain a variance from the board of zoning appeals, provided the following conditions are met:

    (a)

    The building or parking lot complied with the front yard setback prior to the acquisition of the additional road right-of-way.

    (b)

    The building or parking lot expansion will not reduce the remaining depth of the front yard setback.

    (c)

    All other ordinance requirements are met and necessary approvals obtained.