§ 52-47a. Right-of-way acquisition by governmental agency.

(a)

Definitions.

(1)

Governmental agency. United States of America, State of Texas, County of Dallas, City of Irving, or any other governmental agency having jurisdiction in the City of Irving with the ability to exercise eminent domain powers.

(2)

Right-of-way acquisition. The securing of right-of-way through negotiation, purchase, bargain, trade, donation, condemnation or other means, but not including the dedication of right-of-way through the platting or zoning processes.

(3)

Curative measures. Those actions, corrections, repairs and/or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering Damages to the Remainder.

(4)

Damages to the remainder. The diminution or reduction in value of the remainder property suffered as a result of the acquisition of a portion of a property for a public purpose.

(b)

In the event right-of-way acquisition by a governmental agency causes a property or its improvements to be in violation of city zoning ordinances, said property shall be exempt from said provisions to the extent said violation is caused by the right-of-way acquisition, subject to the following:

(1)

Property which undergoes a zoning change initiated by the property owner subsequent to right-of-way acquisition shall no longer be subject to this exemption and shall instead have a nonconforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning and shall therefore be treated as a nonconforming use pursuant to the provisions of this chapter rather than exempt as provided above. However, a zoning change initiated by the city shall not cause a property to lose the exemption provided by this section for properties affected by right-of-way acquisitions.

(2)

Nothing provided in this provision shall be construed to permit any obstruction which may create a traffic safety hazard or any other safety hazard.

(3)

Improvements required by SP, S-P-1, or S-P-2 zoning cases and located in the area acquired for right-of-way shall no longer apply subsequent to the acquisition, except that required fencing originally located on the acquired property in the area of acquisition shall be relocated to the remainder of the tract as close as practicable inside the new property line.

(4)

Compensation provided; exemption inapplicable.

a.

If a governmental agency provides compensation to a property owner for the demolition of improvements or for other curative measures which renders the property or its improvements to be in violation of city zoning ordinances, then the property shall not be eligible for exemptions under this section.

b.

The building official is authorized to provide notice to any affected property owner, lienholder, or certificate of occupancy holder, listing the items of noncompliance for which no exemption is being provided under this section.

c.

The building official is authorized to file an affidavit in the Dallas County Deed Records noting such noncompliance, that the property has been compensated for said noncompliance, and that a certificate of occupancy shall not be issued until such noncompliance is cured.

d.

Once the property and its improvements are brought into full compliance with all applicable ordinances of the city, the building official will be authorized to file an affidavit in the Dallas County Deed Records noting such compliance.

(5)

The building official is authorized to revoke a certificate of occupancy for any building or structure for which compensation has been paid to be demolished as part of a right-of-way acquisition by a governmental agency.

(6)

A certificate of occupancy shall not be issued for any building or structure for which compensation has been paid to be demolished or for other curative measures until such time that the property and its improvements either come into full compliance with all applicable ordinances of the city or the curative measures, for which the compensation was paid, have been completed.

(Ord. No. 6883, § 1, 10-3-96; Ord. No. 8952, § 1, 6-12-08)