1996-11-20 Workshop Meeting - Laserfiche WebLink

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• Adjustment determines that such enlargement will .not result in an increase in the degree of nonconformity with:: the regulations and development ..standards of the district in which t_is located. ('a) Submission "of Schedule to Eliminate Non-compliances. The applicant shall present to the Board of Adjustment a schedule for elimination or"substantial reduction of the nonconformity .over a reasonable_ ,period " of -time 'not to exceed 30' years, or setting.`forth: the 'reasons why such action i not reasonably possible.- {b) Approval of Schedule by Board of Adjustment ._ The Board: of Adjustment shall _revew and `approve the 'proposed` schedule subject to- such-revisions to the '''schedule as'` deemed :'necessary to ensure that priority is given to' elimination or reduction of those non-compliances '.that. have significant adverse impacts on surrounding properties, and which can~° reasonably be complied with' taking into account the effect of the configuration of '' the Iot and `'the 'location of existing structures or the cost' of eliminating' or substantially reducing such: _-_ noncompliances: 8. Abandonment of Non-Conforming Structures A non-conforming structure, when abandoned, shall not resume. A non-conforming structure is abandoned when the structure ceases to be used for a period of one hundred eighty (180) consecutive calendar days, and it is determined that an intent to abandon the non-conforming structure occurred as evidenced by an overt act or a failure to act on the part of the non-conforming structure's landowner or his occupant. Whether or not anon-conforming structure has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment that the structure has not been vacated or used for a period of one hundred eighty (180) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming structure during the period of cessation of use of the non-conforming structure. Section 4 - 202 Non-Conforming Uses 1. Continuance of Non-Conforming Uses Subject to the provisions -of ..this Ordinance relating to amortization of non-conforming uses, any non-conforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the - 31 -