O-2014-3551 amend Ch 106;comprehensive review and update

Browse Search

an exemption, it shall establish an extended useful life period subsequent to the hearing procedure established in subsection (b). If an application for exemption from extended useful life is not submitted, the board of adjustment shall establish an extended useful life period pursuant to subsection (c). (b) Public hearing. (1) The board of adjustment shall hold a public hearing to establish an extended useful life for each nonconforming use subject to notification pursuant to section 106-264 (Notification of nonconforming status), or to consider an application for an exemption from the extended useful life and termination requirements of this section as allowed in section 106-265 (Application for exemption from extended useful life requirement) and this section, but subject to the following notification requirements: a. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to the owner and occupant of the nonconforming use at least 30 days prior to the date of such public hearing; b. Publication at least 30 days prior to the date of public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 39 60 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to section 106-89 (Appeals to board of adjustment), of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations, whose boundaries are wholly or partly within said 200 foot area. (2) Upon notification of the time and place of the public hearing, the owner or occupant of the nonconforming use to be subject to the extended useful life requirements of this ordinance may apply to the planning director for an exemption from extended useful life and termination pursuant to section 106-265 (Application for exemption from extended useful life requirement) and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the board of adjustment does not grant the exemption applied for, it shall establish an extended useful life 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 allow the owner to recoup the current remaining useful investment in the use made prior to the effective date of the order of the board of adjustment establishing the extended useful life period, specifically including but not limited to the testimony of experts in the field of property appraisal. The owner's or applicant's failure to submit evidence to support an extended useful life 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 extended useful life period that the board of adjustment establishes. (c) Extended useful life period. In the event the owner or qualified occupant does not apply for exemption from an extended useful life period, the board of adjustment, at the public hearing, shall establish an extended useful life 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 qualified applicant to recoup the current remaining useful investment in the use made prior to the effective date of this zoning ordinance, specifically including but not limited to testimony of experts in the field of property appraisal. The extended useful life shall not be for less than five years nor more than 20 years from the effective date of the useful life period, unless the board determines upon the basis of testimony from experts in the field of property appraisal presented at the public hearing, that an extension of the useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the board of adjustment establishing the extended useful life period. (d) End of extended useful life period. At the end of the extended useful life period established by the board of adjustment for a particular use, the use shall terminate.