§ 35.11.7. Amortization of Nonconforming Land Uses and Structures.

A.

The City Council may initiate the process to amortize a nonconforming land use or structure by filing an application to the Board of Adjustment. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the investment of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.

B.

The Board of Adjustment may require the discontinuance of nonconforming uses of land or structure under a plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Subchapter.

1.

Criteria for determining amortization period. Before the Board of Adjustment may determine an amortization period, it must consider the following factors:

a.

The owner's capital investment in the structures on the property at the time the use became nonconforming.

b.

The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period.

c.

The life expectancy of the investment.

d.

The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases.

e.

Removal costs that are directly attributable to the establishment of a termination date.

f.

Other costs and expenses that are directly attributable to the establishment of a termination date.

C.

If the Board of Adjustment establishes a termination date for a nonconforming use, the use must cease operations on that date and the owner may not operate it after that date unless it becomes a conforming use.