Page 79 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-7. NONcONFOrMitieS

Effect of Condemnation

134-7.7 Effect of Condemnation 6 family dwelling upon the remaining lot becoming
nonconforming or more nonconforming with setback
7.7.1 If a portion of a lot is conveyed to the state, or lot size requirements, then the remaining lot will be
the city, or any other political subdivision of the treated as a nonconforming lot.
state through condemnation or under threat of
condemnation, and the conveyance results in lot 7.7.3 Any adjustment to the minimum lot area made
or structure becoming nonconforming or more under authority of this section automatically lapses
nonconforming, then notwithstanding any provisions and is of no further effect if the lot is combined with
to the contrary in this article, if the nonconforming other abutting land under common ownership and
structure or structure on the nonconforming lot is such combination results in a lot that meets applicable
thereafter damaged to any extent or is totally destroyed minimum lot area requirements.
by any means, the structure may be repaired, restored,
or rebuilt to its prior condition, if all of the following 7.7.4 Any adjustment to a required setback made
conditions are satisfied: under authority of this section lapses and is of no
further effect if the lot is combined with other abutting
A. The nonconformity was created by the conveyance land under common ownership and such combination
through condemnation or under threat of results in a lot that meets applicable minimum setback
condemnation; requirements.
B. Appropriate relief was obtained from the board
of adjustment for any nonconformity with the
applicable zoning requirements, to the extent that
such nonconformity predated the condemnation or
conveyance;
c. The repair, restoration or rebuilding of the structure
does not create any additional nonconformity of
the structure beyond that originally created by such
conveyance or allowed by any relief granted by the
board of adjustment;
D. A permit application to allow the repair, restoration,
or rebuilding is filed within 6 months of such
damage and is diligently pursued to completion;
and,

e. One of the following conditions are satisfied:
1. The acquisition document for such conveyance
contains language stating substantially as
follows: “The provisions of section 134-7.7 of
the Des Moines Zoning Ordinance apply to this
acquisition”; or
2. The community development director
determines after consultation with the real
estate division of the engineering department,
that the circumstances of such conveyance
affirmatively support a finding that any resulting
nonconformities were not considered in
determining the compensation paid for such
conveyance.

7.7.2 If a portion of a lot is conveyed to the state,
the city, or any other political subdivision of the
state through condemnation or under threat of
condemnation, and the conveyance results in a single-

6 Flagged for discussion.

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-7-7