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Building Agency, or designee, at the end of the amortization period upon <br /> the owner of record whose property contains such noxious use. In those <br /> instances, where the Executive Director of the Planning and Building <br /> Agency, or designee, is unable with reasonable effort to serve such <br /> notice to the property owner, such notice and order shall be served <br /> within thirty (30) days of the end of the amortization period by delivering <br /> same to an occupant of the structure containing the noxious use. <br /> 3. Request for a Continuance of a Noxious Use Beyond Period of <br /> Amortization Period. A request for a continuance of a noxious use <br /> beyond the period of amortization may be granted as follows: <br /> A. Grounds for Continuance. A noxious use or structure may be <br /> maintained for a reasonable time beyond its period of amortization <br /> as specified in this Article if the Executive Director of the Planning <br /> 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 noxious use or structure must be filed with the <br /> Planning Division no later than thirty (30) days following the service <br /> of a Notice of Termination and Order to comply, or within thirty (30) <br /> days following the continued termination date. An application for a <br /> continuance may be filed by the owner of the property, a person with <br /> a power of attorney from the owner of the property, or a lessee, if the <br /> terms of the lease permit the existing use. Fees shall be required in <br /> 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 /> Ordinance No. NS-3081 <br /> Page 11 of 49 <br />