§ 21-438. Amortization of nonconforming uses.

(a)

Certain nonconforming uses which, by their nature, would present a substantial likelihood of detrimental effect on adjoining uses and on the health, safety and welfare of the community at large, may continue only for a period of two (2) years from the date of this ordinance, or any amendment thereto specifically including the use as an amortized nonconforming use. Amortized nonconforming uses shall include:

(1)

Nonconforming signs that are in existence at the time of adoption of this article.

(b)

The decision of an administrative official determining that a certain use constitutes an amortized nonconforming use and the length and duration of any amortization may be appealed to the Development Special Magistrate. In determining whether a certain use constitutes an amortized nonconforming use and the duration of any such amortization, the board shall consider the following factors:

(1)

The exact nature and extent of the amortized nonconforming use;

(2)

The type of uses adjacent to the amortized nonconforming use;

(3)

The potential for disruption or environmental contamination of adjacent uses by the amortized nonconforming use;

(4)

The length of time that the amortized nonconforming use has existed;

(5)

Improvements and investments made by the property owners in the development of the amortized nonconforming use; and

(6)

The realistic investment backed expectations of the property owners in the development of the amortized nonconforming use.

(c)

It shall be the property owner's burden to prove, by the substantial competent evidence, including the provision of detailed financial statements, that the schedule of amortization does not allow for the realization of the land owner's realistic investment backed expectations and that the land cannot be used consistent with the provisions of the City's comprehensive plan.

(d)

Notification of nonconforming use and expiration of use.

(1)

The Community and Economic Development Director shall identify every nonconforming use within six (6) months after the adoption of this Code and shall notify the owner/manager/operator by registered letter of: the existence of this provision and its requirements; and, the specific date the business/sign/billboard/use shall cease.

(2)

The owner/operator/manager of the nonconforming use shall apply for a certificate of use within three (3) months after the notification from the City.

(3)

The Planning and Community Development Director shall inspect each identified, nonconforming use annually to determine the progress of the owner/manager/operator toward conformity with this Code.

(4)

The Planning and Community Development Director shall determine by his/her inspection that the scope of operations has been reduced by fifty (50) percent, on or about the first anniversary of the adoption of this Code.

(5)

The Planning and Community Development Director shall notify the owner/manager/operator by registered letter the date by which all operations shall cease, six (6) months prior to the second anniversary of the adoption of this Code.

(Ord. No. O-00-09, Art. 7 (7.09.07), 4-24-00; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)