A. Any dwelling unit having more than three (3) but no more than five (5) unrelated individuals residing on the premises as of July 27, 2004, shall not be required to comply with the definition of "family" as it applies to the allowed number of unrelated individuals until January 27, 2006, unless granted an extension under subsection B of this section. Notwithstanding the above, individuals residing in a dwelling unit as four (4) or five (5) unrelated individuals on July 27, 2004, shall be allowed to continue residency so long as no other individual is residing in the dwelling unit who was not residing therein on such date.
B. Extension:
1. Conditions: The director shall grant an owner of property affected by subsection A of this section an extension of the time for complying with the requirements of such subsection if:
a. The owner:
(1) By September 20, 2006, files a notice of intent to apply for a time extension as provided in this subsection B, and
(2) By June 20, 2007, files a complete application for an extension of time as provided in this subsection B; and
b. The owner's application for an extension of time demonstrates by a preponderance of evidence that:
(1) The nonconforming use which is the subject of the application was legally established as of July 27, 2004, and
(2) The owner is unable to recover prior to January 27, 2006, the amount of the owner's investment in the property, using the formula provided in subsection B2 of this section.
2. Formula:
a. The time period during which an owner may recover the amount of the owner's investment in property affected by subsection A of this section shall be determined by dividing the residual value of the property by the average monthly net rental income from the property. The resulting figure is the number of months which the owner shall have to recover his investment in the property. For the purposes of this subsection, the following definitions shall apply:
ADJUSTED PRESENT VALUE: A property's original purchase price plus any capital improvements and less depreciation and net income from the property, all as adjusted for inflation to July 27, 2004.
AMOUNT OF THE OWNER'S INVESTMENT: The adjusted present value of a property as of July 27, 2004.
COMPLIANCE VALUE: The appraised value of the property on July 27, 2004, based on compliance with the requirements of this section.
RESIDUAL VALUE: The difference between a property's adjusted present value and its compliance value as of July 27, 2004.
b. The time period determined under subsection B2a of this section shall apply to the property for which the owner made an application for extension and to the owner's successors, if any, until such time period has run.
3. Regulations: The director may adopt reasonable regulations to carry out the purpose of this subsection B.
4. Stay Of Enforcement Action: Timely filing of a notice of intent as provided herein shall stay any enforcement action pending the filing of a complete application as provided herein. Timely filing of the complete application for extension of time shall stay any enforcement action pending the director's final decision on the application.
C. The burden of establishing a right to maintain more than three (3) but no more than five (5) unrelated individuals under this section shall be on the owner, occupant or other possessor of the dwelling unit.
(Ord. 2004-50, 7-27-2004; Ord. 2006-26, 6-20-2006)
Notes
| 1 | 1. See definition of "family" in section 15-2-7 of this title. |