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LJ <br /> <br />Section 4 - 204' Application for Exemption from Amortization <br />Requirement <br />(a) ,:Ppp-lieation Requirements . <br />An owner or qualified applicant of a non-conforming use may <br />seek an 'exemption from the amortization and termination.' <br />requirements of 4 - 205. The grounds for such exemption <br />shall be that the non-conforming :use has_ no adverse. impact <br />upon 'allowed. land uses in the district in which it is':' <br />located 'or can be made'compatble with such use upon` <br />compliance with specified conditions. Such owner or_ <br />qualified applicant shall submit', an application to ''the' <br />Planning Director, on a form -provided by the Planning' <br />Director, no less than TO working _days 'prior to the 'date <br />scheduled for the public ',hearing being.: conducted pursuant to <br />4 - 205. <br />(bJ Board Review-and Decision. <br />The Board of .Adjustment shall _hold the public hearing _: <br />pursuant 'to 4 - 205, following the ':procedures. for hearings' <br />established in 11 - 604 of the Zoning Ordinance; .and 'shall <br />consider the. application for an exemption from :the <br />amortization and 'termination ..requirements 'of 4 - '205. The- <br />owner or qualified 'applicant shall.'-have the burden of <br />proving '..the grounds. for the exemption. Upon conclusion of <br />the hearing, if the .Board. of Adjustment :finds :ahat the use' <br />of the property has no material adverse impact upon=.the,_land= <br />uses :permitted in. the ''district 'in which it'_is Located or can' <br />be made reasonably compatible' with such uses through thee.- <br />imposition of specified -conditions, it shalt, by motion, <br />exempt the -non-.conforming use .from >the 'amortization and- <br />termination requirements' of 4' - 205, ,'and impose such <br />conditions as it finds necessary` to ensure reasonable <br />compatib ity, including, but not limited to:_{i) required <br />improvement of,-or modifications to, existing-``improvements- <br />on the .property; or (ii) limitations on hours or nature of <br />operations; and (iii} a specified .term of years.. for `which: <br />the exemption shall be granted..> <br />Tf the Board of: Ada ustment does not .'..authorize ' an exemption <br />from the amortization and termination requirements of 4 <br />2.0:5, it shall after considering applicable law, information <br />presented. at the hearing and other 'factors .deemed: relevant <br />by it, establish.- an amortization period.... for thee. non-. <br />conforming use n_accordance with 4 -.205.'` <br />(c) Appeal- <br />Any ,person aggrieved.. by the dec ion of the Board of <br />Adjustment or a:-taxpayer or::an,offcer, department, board <br />- 33 - <br />