(a) The City Council by Resolution shall designate the hearing body for purposes of this Chapter.
(b) If a hearing is requested by the property owner in accordance with Section 17.165.050, the hearing body shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted. Notice of the hearing shall be given to all property owners within a three-hundred foot (300) radius of subject property.
(c) The hearing body shall receive written and oral testimony at such hearing regarding the abatement or elimination of the nonconformity.
(d) At the close of the public hearing, the hearing body shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his/her investment in the term for abatement provided in the Resolution of the City Council, and if not, what term for abatement should be provided.
(e) The hearing body shall also find and determine whether the nonconforming use or structure can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted in the zoning district in which it is located.
(f) The hearing body, or the City Council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to the depreciation schedule attached to the owner's latest federal income tax return.
[Ord. No. 544, Exhibit A, 3/23/16.]