2.3 Policy C – Expropriation affecting adjoining lot boundaries

2.3.1 Purpose.   

This policy is intended to allow for administrative approval of lot changes resulting from transfer to the City, local government, or any governmental entities.

2.3.2 Eligible applications.   

Policy C shall be used for subdivision applications that create new conditions as a result of the transfer or expropriation of land to the City, local government, or any governmental entities.

2.3.3 Review criteria.   

In the event where a portion of a lot or other parcel  of land has been expropriated or has been dedicated, sold, or otherwise transferred to the City, leaving a severed portion of the original parcel which requires a re-designation of lot number and establishment of new boundary lines, the subdivision is eligible for administrative approval by the Executive Director. If these circumstances do not apply, the subdivision cannot be considered under Policy C.

2.3.4 Authority to grant variances of zoning requirements.   

For subdivisions considered under Policy C, variances of lot dimensions (lot area, depth, width) are grantable through the resubdivision process due to expropriation. Any other zoning requirements contained in the Comprehensive Zoning Ordinance may only be granted by the Board of Zoning Adjustments. No subdivision reviewed under Policy C shall be granted final approval unless and until all required variances have been granted.