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Ordinance No. NS-XXX <br />Page 11 of 49 <br />2 <br />4 <br />5 <br />5 <br />2 <br />nonconformities a noxious use beyond the period of amortization may <br />be granted as follows: <br />A. Grounds for Continuance. A nonconforming noxious use or structure <br />may be maintained for a reasonable time beyond its period of <br />amortization as specified in this Article if the Executive Director of the <br />Planning and Building Agency, or designee, makes the following <br />determinations: <br />i. Special Circumstances. That special circumstances apply to any <br />such use or structure that do not apply generally to others <br />affected hereby; and <br />ii. Compatibility with Public Welfare. That such a continuance for a <br />prescribed period of additional time is in the public interest and <br />will be reasonably compatible with, and not detrimental to, the <br />use of adjacent properties. <br />B. Application Process for Continuance. Any application for a <br />continuance of a nonconforming noxious use or structure must be <br />filed with the Planning Division no later than thirty (30) days following <br />the service of a Notice of Termination and Order to comply, or within <br />thirty (30) days following the continued termination date. An <br />application for a continuance may be filed by the owner of the <br />property, a person with a power of attorney from the owner of the <br />property, or a lessee, if the terms of the lease permit the existing use. <br />Fees shall be required in accordance with this Code. <br />C. Determination by Executive Director of the Planning and Building <br />Agency, or designee. Upon filing of a complete application, the <br />Executive Director of the Planning and Building Agency, or designee, <br />shall investigate the matter, give proper notice to the applicant, hold <br />an administrative hearing and make a decision thereon based on the <br />criteria set out in this Section and supported by written findings of <br />fact within seventy-five (75) days from the date the application is <br />filed, or within such extended period of time as may be mutually <br />agreed upon by the applicant and the Executive Director of the <br />Planning and Building Agency, or designee. The Executive Director <br />of the Planning and Building Agency, or designee, may impose such <br />conditions, including additional time extensions not to exceed two (2) <br />additional years, as may be deemed necessary for the compatibility <br />of such nonconformity a noxious use with adjacent properties. <br />D. Appeals. Appeals shall be filed in accordance with Chapter 3 of the <br />Santa Ana Municipal Code.