§ 9172.25. Administrative/Quasi-Judicial - Extension of Nonconforming Privilege. — Carson Zoning Code

An extension of the date for a termination of a nonconformity as provided in Division 2 of Part 8 of this Chapter shall be considered in accordance with the following procedure:

A. Initiation. Consideration shall be initiated by order of either the Council or Commission or upon the filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC § 9173.1 , and said application shall be filed before the date for termination of the nonconformity, or within three (3) months of receiving City notification of the nonconformity, whichever time period is later.
B. Hearing and Time Limit. The Commission shall hold a public hearing within sixty (60) days of the date of the order or acceptance of the application.
C. Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk

may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.

D. Commission Findings and Decision.
1. After the hearing, the Commission shall by resolution approve the request for the extension of time if the Commission finds that the required time for termination of the nonconformity as provided in Division 2 of Part 8 of this Chapter is insufficient for the reasonable amortization of the fixed investment in such nonconformity. If the Commission is unable to make such a finding, it shall disapprove the request for the extension of time. In granting such extension, no expansion or increase in the degree of any nonconformity shall be approved.
2. Notice of the Commission decision shall be given as provided in CMC § 9173.32 .
E. Conditions. In granting an extension of time, the Commission may impose conditions relating to the continuation, modification, conversion or termination of the use and facilities in order to protect surrounding property and to serve the intent of this Chapter.
F. Effective Date and Appeal.
1. The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4 .
2. An appeal shall be considered by the Council as provided in CMC § 9173.4 .
G. Subsequent Modification of Conditions.
1. After an extension has been granted, modifications of the conditions thereof, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC § 9173.1 .

A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the extension of time and the conditions previously adopted, a public hearing shall be held.
1. The decision and any appeal in connection with a modification of conditions shall be in the same manner as for the original extension of time.

(Ord. 80-532 § 10; Ord. 81-567 § 1; Ord. 19-1904 § 8)