The owner or operator of a nonconforming use as described in section 18.226.040 of this chapter may apply under the provisions of this section to the city's director of community development 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 section 18.226.030 of this chapter, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city's director of community development at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in section 18.226.040 of this chapter 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 city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty five (45) days of receipt of the application. All parties involved shall have the right to offer testimonial, 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 hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6.
D. Approval Of Extension 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 hearing officer makes all of the following findings or such other findings as are 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 or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this chapter;
2. The applicant will be unable to recoup the 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 section 18.226.030 of this chapter. (Ord. 2345 § 1, 1997)