(A) The Board of Adjustment may inquire into the existence of a non-conformity, fire or health hazards, and any other danger or nuisance to the public due to or created by any condition or use existing on the property. Upon written findings, the Board may require the discontinuance of such use. The owner of the use under inquiry shall have at least 20 days’ written notice prior to the day of the public hearing. Time allowed for discontinuance of such use shall be prescribed by the Board at a subsequent public hearing, after having heard from the affected parties, based on the Board’s ruling as to a reasonable amortization period for the non-conforming use.
(B) In prescribing said time period, the Board shall consider the following factors:
(1) The owner’s capital investment in structures, fixed equipment and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became non-conforming;
(2) Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases and discharge of mortgages;
(3) Any return on investment since inception of the use, including net income and depreciation; and
(4) The anticipated annual recovery of investment, including net income and depreciation.
(Ord. 3020, passed 9-10-2013, § 8.16.4)