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(a) Time Period for Removal or Alteration. A legal nonconforming use, that was designated or intended for a use not presently allowed in the land use zoning district where it is located, shall be completely removed or altered to comply with the requirements for the uses allowed in the land use zoning district within a time period fixed by the Department. The time for removal or alteration may not be fixed for a date before the expiration of the normal life of a structure as determined by the Director. The determination of the normal life of a nonconforming structure and the fixing of time for its removal or alteration may only be made after notice to the owner.
(b) Order for Removal or Alteration. An order for removal or alteration shall require the action on a date no less than five years from the time the order is made. The Department shall give the owner of the affected use or structure written notice of removal or alteration immediately upon the order becoming final and again not less than 60 or more than 180 days before the date the removal or alteration is required to be completed. If the Department fails to give this second notice within the required time period, the owner shall be given 60 days from the notice’s actual postmark date.
(c) Exempt Residential Structures. A residential structure that complied with applicable development standards at the time of its construction and that is utilized for residential purposes in a land use zoning district that allows residential uses is not subject to provisions of this Chapter even though the structure does not comply with the residential development standards established for residential land use zoning districts in Division 2 (Land Use Zoning Districts and Allowed Land Uses), including the Alternate Housing Standards (AH) Overlay.
(Ord. 4011, passed - -2007)