Laserfiche WebLink
<br />Ordinance No. NS-XXX <br />Page 8 of 49 <br />D. Excessive calls for service to applicable response agencies related <br />to the operation of the nonconforming use; and <br /> <br />E. Failures to remedy notices of violation, administrative warnings, or <br />other notices of noncompliance issued by a Federal, State, or local <br />agency, including the City. <br /> <br />2. The Executive Director of the Planning and Building Agency, or <br />designee, in conjunction with other City Departments and Agencies, <br />may establish, and periodically update, a list or data resource that <br />identifies categories of nonconforming uses or structures with specific <br />metrics and operational characteristics, to develop a ranking system for <br />use in the consideration of eliminating nonconforming uses or structures <br />through amortization. <br /> <br />3. The determination of an appropriate amortization period for termination <br />of a nonconforming use pursuant to this Article shall be made by a <br />Hearing Officer retained by the City and who has professional legal and <br />land use experience to address amortization. The Hearing Officer shall <br />order nonconforming uses and structures to be discontinued and <br />removed from their sites within a period determined pursuant to the <br />process set forth in Subsection b (Establishment of Amortization <br />Periods), and consider the following: <br /> <br />A. If the nonconforming user has not made a substantial investment in <br />furtherance of the use or structure, or if the investment can be <br />substantially utilized or recovered through a currently permitted use, <br />the order may require a nonconforming use or structure to be <br />discontinued and removed from their site within a minimum of one <br />year after the date of the order. <br /> <br />B. If the nonconforming user has made a substantial investment in <br />furtherance of the use or structure, or if the investment cannot be <br />substantially utilized or recovered through a currently permitted use, <br />the order may require the discontinuation and removal of the <br />nonconforming use or structure within a longer reasonable amount <br />of time. <br /> <br />C. Nonconforming uses or structures that are determined to be an <br />imminent threat to the public health or safety may be subject to <br />immediate cessation and removal, pursuant to Chapter 1 (General <br />Provisions) of the SAMC. <br /> <br />4. Nonconforming uses and structures may also, upon order from the City <br />or a court order, be subject to immediate cessation and removal of the <br />nonconforming use or structure. <br /> <br />b. Establishment of Amortization Periods. Where a period during which a <br />nonconforming use or structure is to be discontinued and removed from a   <br />Planning Commission 1 – 20 3/6/2025 <br />