§ 1447-15. Application Procedures  

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  • An application for a substitution of a nonconforming use may be filed with the Director of Buildings and Inspections in accord with the application procedures under Chapter 1441, Application Procedures, Fees, Permits and Certificates. Applications must include a complete description of the proposed use and such other information as the Zoning Hearing Examiner determines is necessary to decide the application, as shown on the application form approved by the Zoning Hearing Examiner. In the review and decision of applications, the following procedures apply:

    (a) Staff Report. The director has the duty to prepare a staff report on the application and transmit the staff report to the Zoning Hearing Examiner prior to the public hearing.

    (b) Public Hearing. The examiner has the duty to schedule and hold a public hearing on the completed application in accord with the procedures for conduct of the public hearing set forth in § 1443-07.

    (c) Action. Staff reports received by the examiner are to be considered at a public hearing. Following the conclusion of the public hearing and within ten working days, the examiner has the duty to take one of the following actions:

    (1) Approve the application.

    (2) Approve the application subject to specific conditions.

    (3) Postpone a decision pending consideration of additional information.

    (4) Deny the application.

    (d) Coordinated Review and Approval of Applications. Whenever, in addition to approval of an application for a substitution of a nonconforming use pursuant to this chapter, the applicant also requires a variance or other approval from the examiner, the applicant must simultaneously file all other applications and required applications with the director. All required notices must include reference to the request for all required examiner approvals.

    (e) Conditions. The Zoning Hearing Examiner may impose such conditions that are determined to be in the public interest and necessary to mitigate any harmful effects of the substitution of the nonconforming use. The EXAMINER may require a bond or other acceptable form of surety to insure compliance with the conditions imposed. These conditions must be expressly set forth in the examiner's decision.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)