G. Proof of Notification . Proof that notification of the application for a Certificate of Compliance has been provided to the other party; whether the government/public authority or the owner(s) impacted by the eminent domain proceedings whichever is relevant.
H. Legal Description of the Land . A legal description of the land subjected to the eminent domain proceedings or sold under the threat of eminent domain proceedings.
I. Fee . Submission of appropriate application fee.
(2) Determination of Sufficiency, Review & Decision. After receipt of an application requesting a Certificate of Compliance, the Planning Director or his/her designee shall determine whether the application is sufficient within 15 days of receipt. If it is determined the application is not sufficient, notice shall be served to the applicant specifying the deficiencies. The Planning Director or his/her designee shall take no further action on the application unless the deficiencies are remedied. Within 20 days after the application is determined to be sufficient, the Planning Director shall review and grant, grant with conditions, or disapprove the application pursuant to the “Standards” established herein.
(3) Standards. An application submitted requesting a Certificate of Compliance shall be granted if the following standards are met:
A. Damage Minimized Certificate of Compliance . If the condemnation action has not been decided by a court of law, the amount of severance and business damages resulting from the eminent domain proceedings are substantial, and the loss of business damages would be minimized by the issuance of a Certificate of Compliance. B. Minimizes Nonconformity . A revised site may be designed for the land to the greatest extent possible so that it is consistent with the use requirements of the Land Development Ordinance, minimizing to the greatest degree practicable any nonconformity of parking, loading, landscaping, lot size, and setback requirements. C. Adequate Function of Structure . The structure on the lot can function adequately for its designated land use pursuant to the site plan as submitted with the application that minimizes nonconformities while ensuring public health, safety and welfare.
§9-1507 NONCONFORMING SIGNS
a. Notification of Nonconformity
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