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