A. Purpose: This section sets forth provisions for the abatement of lots, structures, and uses deemed to be nonconforming and subject to abatement pursuant to the provisions of this article 1.
B. Authority: The Director shall be the designated review authority for determining that a lot, structure, or use is nonconforming, and the Commission shall be the designated review authority for action on the abatement procedures and extensions of the nonconforming lots, structures, or uses.
C. Notice And Hearing: Once the Director has determined that a lot, structure, or use is nonconforming, the Director shall provide required notice for hearing and action by the Commission. The purpose of the hearing is to determine whether the nonconformity should be abated, given a specific term prior to abatement, or granted a time extension. Notice and hearing shall be performed and conducted pursuant to chapter 9.85, "Public Notices And Hearings", of this title.
D. Decision And Findings: The Commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, included but not limited to the depreciation schedule attached to the owner's latest Federal income tax return. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property requires a deviation from the development standards. Findings shall be made in writing and provided to the property owner within ten (10) days after the decision is rendered.
E. Appeal: Actions taken by the Commission may be appealed to the Council in accordance with provisions of chapter 9.81, "Appeals", of this title.
F. Extension Of Time: The review authority, at its discretion, may grant an extension of time for the abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property or business owner.
G. Revocation Of Nonconforming Use Or Structure: The Town may revoke the right to continue a nonconforming use or structure. Revocation procedures, including notice and hearing, shall be in accordance with provisions of chapter 9.84, "Permit Revocations", of this title.
H. No Reversion To Nonconformance: When any nonconformity is eliminated or brought into conformance with the current regulations of this Development Code, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored. (Ord. 261, 11-15-2016)