10.10 DISCONTINUANCE OF USE PERMIT, VARIANCE, OR NONCONFORMING USE — Belmont Zoning Code

(a) If the Zoning Administrator finds reasonable grounds to believe that a conditional use, variance, or non-conforming use has been discontinued, the zoning administrator shall provide written notice to the record owner of the property (as shown on the County’s current equalized assessment roll), the applicant, and any occupant of the property. The notice shall describe the use or variance, the basis for the zoning administrator’s belief that the use or variance was discontinued, and the opportunity to request a hearing within 14 days of the notice.
- (b) For the purpose of this section, a use is “discontinued” if:
  - (1) circumstances clearly indicate an intent to abandon the use, including replacing a use with another use, or
  - (2) the use ceases for 180 consecutive days.
- (c) If a hearing is requested, the Zoning Administrator shall conduct a public hearing. Notice of the public hearing shall be given under Section 10.1.2.
10.11 REVIEW OF ENTITLEMENT DECISIONS.
10.11.1 Scope of Process .
- (a) This Section provides a procedure for appeal and review of zoning entitlement decisions.
- (b) This procedure does not apply to the following:
  - (1) Recommendations to another administrative body;
  - (2) Decisions for which an appeal to a body other than the City Council or Planning Commission or other appeal procedures is provided;

City of Belmont Zoning Ordinance 10-13

(3) Where the matter at issue is only hypothetical or the existence of a controversy merely speculative; and
(4) Decisions that are final and conclusive under other provisions of this Ordinance, another ordinances, or the City Code.