The owner or operator of a nonconforming use as described in § 10-7.04 may apply under the provisions of this section to the Planning Commission for an extension of time within which to terminate the nonconforming use.
(A) Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of § 10-7.03, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such application must be filed with the City Clerk at least 90 days but no more than 180 days prior to the time established in § 10-7.04 for termination of such use.
(B) Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.
(C) Hearing procedure. The Community Development Director/City Engineer shall act as a hearing officer on the application in presenting the matter to the Planning Commission. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimony, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the Planning Commission shall be final for appeal purposes pursuant to the Madera Municipal Code.
(D) Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved and shall be approved only if the Planning Commission makes all of the following findings or such other findings as required by law:
(1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property of structure cannot be readily converted to another use; and such investment was made prior to the effective date of this Code amendment;
(2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(3) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with § 10-7.03.
(Ord. 697 C.S., passed 3-17-99)