§ 33-134. Permit to vary width of street and setback.

No permit shall be issued for the placing of any building or other structure along aforedescribed one hundred (100) feet arterial highways which would permit any portion of said building or structure to be closer to the centerline of any such arterial highway, as defined in Section 33-1, than fifty (50) feet plus the required front building line setback distance unless the County Commission establishes a right-of-way greater than one hundred (100) feet for any such highway, in which case, the setback of the building line nearest the highway shall be measured from the nearest edge of the official r/w width; except that the Director may issue a conditional permit for the construction of the buildings with the front building line setback conforming to established use of sixty (60) percent of the safe, permanent and legally existing structures on either side of a highway in any block and within one hundred (100) feet of the proposed site of the new structure, upon the applicant for said permit entering into a written agreement with the County, agreeing that in the event of the subsequent widening of such arterial highway through purchase or condemnation, said applicant will thereupon move that part of the structure projecting beyond the official front building line aforementioned at his own expense, and further agreeing that in the event of a condemnation suit said applicant waives any damage insofar as the taking of that part of the improvement upon the original building site which lies between the official front building line beyond the designated highway r/w, which agreement shall be so executed as to entitle it for record.

(Ord. No. 57-19, § 31(B), 10-22-57)