1996-11-20 Workshop Meeting - Laserfiche WebLink

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• pursuant to 11 - 604:, of the lot'_lne of` the land subject to the application, inclusive of streets, alleys and right -of-way, and to civic associations registered with the Planning Director, -whose boundaries are wholly or partly within the 200 foot... area ('2) .Upon notification of the time and place of the ,public''' hearing, the owner..or occupant of'the non-conforming`: use to be amortized may apply to the Planning Director--' for an exemption from ,amortization and' termination! pursuant to 4 -'`204_andnclude written informa ion and `% documentation supporting...a claim fore an exemption from any amortization period. In ;the-event the 'Board of Adjustment-.does-not ....grant the: exemption applied fore, it shall establish an amortization period 'based on (i), applicable law,: (ii) evidence submitted with 'the application, (iii) evidence presented at the. hearing'! and (iv) other factors consistent- with the purpose of this Zoning ordinance to al-low he 'owner tto recoup, actual investment in the use ':made prior to the'! effective date of this Zoning Ordinance. The.owner'is or.': applicant's failure to submit evidence to support an' amortization. period shall''be considered a waiver by,,the' owner or ;,applicant of_ any ,right to. contest at "the Board=': of Adjustment the 'length of any amortization period'! ._- that..the Board of Adjustment establishes. ('c) Amor ization>Period.. In the event the owner or qualified applicant-does not apgly:= for exemption from amortization, the Board of Adjustment, at' the public ..hearing, shall establish an amortization period; based' on ''(i) applicable law, (ii) -evidence' presented at the public hearing-and (iii).other factors deemed relevant by-- the. Board of -Adjustment, to allow. the owner or qualifed_ applicant°torecoup actual investment in the .use made` prior; to 'the effective date of this Zoning Ordinance_.- (d) --End. of Amortization Period._ At the end of _the amortization period established by-the Board... of Adjus ment for apartcular use, this the use hall terminate.; Section 4 - 206 Revocation of Non-conformncr Use-Status Upon ...the -recommendation. of the: Planning Director, a motion of'the Board:. of Adjustment, or a petition of property owners. pursuant to hi Section so long as the-Planning ,Director makes a recommendation of revocaton_in accordance. with {a):below, the Board of Adjustment "shall- - 35 -