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Packet 3.6.25
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Packet 3.6.25
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9/2/2025 9:28:40 AM
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<br />Ordinance No. NS-XXX <br />Page 11 of 49 <br /> <br />3. Request for a Continuance of Nonconformities Beyond Period of <br />Amortization Period. A request for a continuance of nonconformities <br />beyond the period of amortization may be granted as follows: <br /> <br />a. Grounds for Continuance. A nonconforming use or structure <br />may be maintained for a reasonable time beyond its period of <br />amortization as specified in this Article if the Executive <br />Director of the Planning and Building Agency, or designee, <br />makes the following determinations: <br /> <br />i. Special Circumstances. That special circumstances <br />apply to any such use or structure that do not apply <br />generally to others affected hereby; and <br /> <br />ii. Compatibility with Public Welfare. That such a <br />continuance for a prescribed period of additional time <br />is in the public interest and will be reasonably <br />compatible with, and not detrimental to, the use of <br />adjacent properties. <br /> <br />b. Application Process for Continuance. Any application for a <br />continuance of a nonconforming use or structure must be filed <br />with the Planning Division no later than thirty (30) days <br />following the service of a Notice of Termination and Order to <br />comply, or within thirty (30) days following the continued <br />termination date. An application for a continuance may be <br />filed by the owner of the property, a person with a power of <br />attorney from the owner of the property, or a lessee, if the <br />terms of the lease permit the existing use. Fees shall be <br />required in accordance with this Code. <br /> <br />c. Determination by Executive Director of the Planning and <br />Building Agency, or designee. Upon filing of a complete <br />application, the Executive Director of the Planning and <br />Building Agency, or designee, shall investigate the matter, <br />give proper notice to the applicant, hold an administrative <br />hearing and make a decision thereon based on the criteria set <br />out in this Section and supported by written findings of fact <br />within seventy-five (75) days from the date the application is <br />filed, or within such extended period of time as may be <br />mutually agreed upon by the applicant and the Executive <br />Director of the Planning and Building Agency, or designee. <br />The Executive Director of the Planning and Building Agency, <br />or designee, may impose such conditions, including additional <br />time extensions not to exceed two (2) additional years, as may <br />Planning Commission 1 – 23 3/6/2025 <br />
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