Duarte Municipal Code Ch. 19.98 Abatement/Extension of Nonconforming Uses/Structures

The Abatement/Extension of Nonconforming Uses/Structures process is established to provide a means by which to establish the period within which a nonconforming use or structure must comply with current regulations of this Development Code, and to allow for the extension of such abatement period.

All uses and structures determined by the Director to be nonconforming shall require a hearing before the Commission to establish the appropriate abatement period. Abatement periods may be extended by the Commission. Early termination of a nonconformity may be initiated by order of the Commission or Council for public health, safety, and welfare purposes. Such actions shall be processed in pursuant to standard procedures in this Article 8 (Development Code Administration) and Chapter 19.90 (General Nonconforming Provisions).

A. Abatement. In establishing the amortization period for a nonconforming use and/or structure, the Commission shall consider competent financial data such as the depreciation schedule attached to the owner's latest federal income tax return. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity requires a deviation from the provisions of this Development Code.

B. Extension. To grant an extension to the abatement period for a nonconformity, the Commission shall find that an unreasonable hardship would otherwise be imposed on the property owner if such an extension were not granted.

C. Conditions. The Commission may impose conditions to ensure maintenance of an equitable balance of the public interest and the interests of the property or business owner.