§ 8182-6.2.4. Request for a continuance of nonconformities beyond period of amortization.

A request for a continuance of nonconformities beyond the period of amortization may be granted as follows:

(a)

Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Planning Director makes the following determinations:

(1)

Special Circumstances. That special circumstances apply to any such use or structure that do not apply generally to others affected hereby; and

(2)

Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with, and not detrimental to, the use of adjacent properties.

(b)

Application Process for Continuance. Any application for a continuance of a nonconforming use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with Section 8181-5.4.

(c)

Determination by Planning Director. Upon filing of a complete application, the Planning Director shall investigate the matter, give proper notice, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Planning Director. The Planning Director may impose such conditions, including time limitations, as may be deemed necessary for the compatibility of such nonconformity with adjacent properties.

(d)

Appeals. Appeals shall be filed in accordance with Section 8181-9.

(Ord. No. 4451, § 9, 12-11-2012)