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Section 1.5.1.1 OApproval Process DIVISION 2: TERMINATION OF NONCONFORMING RIGHTS <br /> A. Responsible Official Action Section 1.5.2.1Amortization of Nonconforming Uses <br /> 1. Upon receipt of an application for a change in A. Purpose.The purpose of amortizing a nonconforming use is to <br /> nonconforming status,the Responsible Official terminate the rights of a non-conforming use or structure after <br /> shall transmit the application to the Zoning Board the owner's actual investment in the use or structure has been <br /> of Adjustments for processing and determination in realized. <br /> accordance with this Section. <br /> B. Initiation of Compliance Case. Only the City Council, <br /> 2. The Responsible Official shall provide personal notification by majority vote, may request that the Zoning Board of <br /> of the public hearing before the ZBOA in accordance with Adjustments (ZBOA) consider establishing a compliance date <br /> Section 2.3.2.1. for a nonconforming use. <br /> 3. The Responsible Official shall conduct a public hearing in C. Public Hearing Process. Upon receiving a request under <br /> accordance with Section 2.3.3.1. Section 1.5.2.1 from the City Council, staff shall schedule the <br /> B. Zoning Board of Adjustments Action first public hearing before the ZBOA. The ZBOA may establish a <br /> compliance date only after holding two separate hearings. <br /> 1. The ZBOA shall grant, grant subject to conditions or deny <br /> the request for a change in nonconforming status. 1. First Public Hearing.The ZBOA shall hold a public <br /> hearing to determine whether continued operation of <br /> C. Burden of Proof.The applicant bears the burden of proof to the nonconforming use will have an adverse effect on <br /> demonstrate that an application for a change in nonconforming nearby properties. If, based on the evidence presented at <br /> status should be granted. the public hearing,the ZBOA determines that continued <br /> operation of the use will have an adverse effect on nearby <br /> D. Criteria for approval. In deciding the application,the ZBOA properties, it shall schedule a second public hearing <br /> shall consider the following criteria. to establish a compliance date for the nonconforming <br /> 1. The proposed change in nonconforming status results in use; otherwise, it shall not. In determining whether the <br /> greater conformance with the Comprehensive Plan. continued operation will have an adverse effect on nearby <br /> properties,the ZBOA shall consider the following factors: <br /> 2. The proposed change in nonconforming status results in <br /> greater conformance with this Development Code such a. The Comprehensive Plan. <br /> that the nonconforming use or structure can eventually b. The character of the surrounding neighborhood. <br /> come into full compliance with this Development Code. <br /> c. The degree of incompatibility of the use with the <br /> 3. The degree of the proposed request is the minimum zoning district in which it is located. <br /> amount necessary. <br /> d. The manner in which the use is being conducted. <br /> 4. Granting the application shall not result in greater harm <br /> to adjacent and neighboring land uses than the original e. The hours of operation of the use. <br /> nonconformity. <br /> f. The extent to which continued operation of the use <br /> may threaten public health or safety. <br /> g. The environmental impacts of the use's operation, <br /> including but not limited to the impacts of noise, <br /> glare, dust, and odor. <br /> Amended:September 1, 2020 San Marcos Development Code 1=9 <br />