§ 20.80.050. Extension of time for termination of nonconforming use.

A.

The operator of a nonconforming use as described in Section 20.80.040 may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.

B.

An application for an extension of time within which to terminate a use made nonconforming upon annexation 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 clerk at least ninety days but no more than one hundred eighty days prior to the time established in Section 20.80.040 for termination of such use.

C.

The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be as set forth in the schedule of fees established by resolution of the city council.

D.

Upon filing of an application for extension, the city clerk shall, subject to the rules of the city council, set a date for a public hearing which shall be held by the city council on the application. The hearing date shall be not less than twenty nor more than sixty days from the date the application was filed and all filing fees were paid.

E.

The city clerk shall cause notice of the time and place of the hearing on the application to be given in accordance with the procedure set forth in Section 20.100.190 of this title.

F.

Within a reasonable time after the public hearing on an application for extension has been conducted, the city council shall by resolution take action on the request for the extension. Unless the extension is approved by at least a majority of the council, it shall be deemed denied. An extension under the provisions of this section shall be for no more than one year and shall be approved only if the city council makes all of the following findings:

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 annexation.

2.

The applicant will be unable to recoup said investment as of the date established for termination of the use.

3.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this chapter.

(Ord. 26248.)