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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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4. Noxious uses and structures may also, upon order from the City or a <br /> court order, be subject to immediate cessation and removal of the <br /> nonconforming use or structure. <br /> b. Establishment of Amortization Periods. Where a period during which a <br /> noxious use or structure is to be discontinued and removed from a site or <br /> sites is required pursuant to this Article, such period shall be established as <br /> follows: <br /> 1. The Executive Director of the Planning and Building Agency, or <br /> designee, shall submit the noxious use or structure and a recommended <br /> amortization period, based on subsection 4. herein, to a Hearing Officer <br /> pursuant to Chapter 3 of the SAMC for review; <br /> 2. The Hearing Officer shall hold a noticed hearing to consider the <br /> recommended amortization period. Notice of the hearing shall be <br /> provided to the owner or operator of the noxious use or structure and <br /> the property owner at least ten (10) days prior to the hearing. Additional <br /> notice may also be provided to surrounding property owners and/or <br /> tenants, at the discretion of the Executive Director of the Planning and <br /> Building Agency, or designee. <br /> 3. The Hearing Officer shall consider the recommendations submitted by <br /> the Executive Director of the Planning and Building Agency, the General <br /> Plan of the City, and any testimony or evidence provided during the <br /> hearing, in order to determine the amortization schedule for elimination <br /> of the noxious use or structure. <br /> 4. The Hearing Officer shall establish a maximum amortization period <br /> during which the noxious use or structure shall be permitted to continue <br /> after considering the following in relation to the use or structure: <br /> A. The amount of investment or original cost of the use or structure; <br /> B. The present actual or depreciated value of the use or structure; <br /> C. The remaining useful life of the use or structure; <br /> D. The remaining term of the lease (if applicable); <br /> E. The date or dates of construction; <br /> F. Amortization of the business or structure for tax purposes; <br /> G. The salvage value; <br /> Ordinance No. NS-3081 <br /> Page 9 of 49 <br />
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