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NS-3081 - Zoning Ordinance Amendment No. 2024-02 Amending Certain Sections of Chapter 41 of Article XIX
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NS-3081 - Zoning Ordinance Amendment No. 2024-02 Amending Certain Sections of Chapter 41 of Article XIX
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Last modified
7/1/2025 10:21:01 AM
Creation date
6/26/2025 10:55:03 AM
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City Clerk
Doc Type
Ordinance
Agency
Planning & Building
Doc #
NS-3081
Item #
20
Date
6/17/2025
Destruction Year
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C. Compatibility with the existing land use patterns and densities of the <br /> surrounding neighborhood; <br /> D. Excessive calls for service to applicable response agencies related <br /> to the operation of the noxious use; and <br /> E. Failures to remedy notices of violation, administrative warnings, or <br /> other notices of noncompliance issued by a Federal, State, or focal <br /> agency, including the City. <br /> 2. The Executive Director of the Planning and Building Agency, or <br /> designee, in conjunction with other City Departments and Agencies, <br /> may establish, and periodically update, a list or data resource that <br /> identifies categories of noxious uses or structures with specific metrics <br /> and operational characteristics, to develop a ranking system for use in <br /> the consideration of eliminating noxious uses or structures through <br /> amortization. <br /> 3. The determination of an appropriate amortization period for termination <br /> of a noxious use pursuant to this Article shall be made by a Hearing <br /> Officer retained by the City and who has professional legal and land use <br /> experience to address amortization. The Hearing Officer shall order <br /> noxious uses and structures to be discontinued and removed from their <br /> sites within a period determined pursuant to the process set forth in <br /> Subsection b (Establishment of Amortization Periods), and consider the <br /> following: <br /> A. If the noxious user has not made a substantial investment in <br /> furtherance of the use or structure, or if the investment can be <br /> substantially utilized or recovered through a currently permitted use, <br /> the order may require a noxious use or structure to be discontinued <br /> and removed from their site within a minimum of one year after the <br /> date of the order. <br /> B. If the noxious user has made a substantial investment in furtherance <br /> of the use or structure, or if the investment cannot be substantially <br /> utilized or recovered through a currently permitted use, the order may <br /> require the discontinuation and removal of the noxious use or <br /> structure within a longer reasonable amount of time. <br /> C. Noxious uses or structures that are determined to be an imminent <br /> threat to the public health or safety may be subject to immediate <br /> cessation and removal, pursuant to Chapter 1 (General Provisions) <br /> of the SAMC. <br /> Ordinance No. NS-3081 <br /> Page 8 of 49. <br />
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