1. If Council so directs, the Zoning Board of Adjustment shall, at its next available meeting, make a motion to do the following:

(i) Continue the matter to a future meeting; or
(ii) Begin amortization proceedings and direct staff to study and analyze the non-conforming use and present its findings at a specified future meeting of the Board.

2. If the Board votes to continue the matter, it is continued for up to six (6) months. At the conclusion of six (6) months, the Board will vote either to discontinue amortization proceedings or to initiate amortization proceedings in accordance with this section based upon the prima facie facts of the case.
3. The Board will set a date for the completion of the analysis and the first public hearing required under Subsection E. below.
4. Lack of a sufficient majority (75% of members of the Board) on a motion made under this Subsection B. will result in discontinuation of the amortization proceedings.

1. The property owner subject to the amortization must be notified prior to the initial meeting of the Board.
2. The City shall provide notice of the public hearings to property owners within two hundred (200) feet of the property subject to the proceedings, and may compel the appearance of experts and witnesses to give testimony at the public hearings.
3. The term "owner" may refer to both the property owner and the business owner.

1. No evidence or testimony will be considered by the Board at the initial meeting; however, the Board may direct staff or the owner to gather and present additional information in considering whether to proceed with amortization hearings, including financial records or appraisals of the subject property or surrounding properties, or direct staff or the property owner to provide such information at the public hearings.
2. The owner may be present at the initial meeting and respond to questions from the Board but may not present evidence or testimony until the commencement of the public hearings, except as specifically directed by the Board.

1. The Zoning Board of Adjustment shall issue no order regarding the amortization of a non-conforming use until it has held two (2) public hearings on the matter.
2. Staff shall present evidence prior to the first public hearing addressing the impacts of the non-conforming use on surrounding properties and other persons affected by the non-conforming use.
3. Staff may also present other evidence requested by Council in its action initiating the amortization or requested by the Board at its initial meeting.
4. The analysis presented by staff must specifically address the following factors:

(i) Whether the use creates a nuisance or threat of imminent destruction, damage, or injury to property and persons.
(ii) The character of the surrounding properties or neighborhood.
(iii) The degree of incompatibility of the use within the zoning district in which it is located.
(iv) The manner in which the use is being conducted.
(v) The hours of operation of the use.
(vi) The extent to which continued operation of the use may threaten health or public safety.
(vii) The environmental impacts of the use and its operation including, but not limited to, noise, glare, dust, odor, and traffic generated by the use and its operation.
(viii) The extent to which public disturbances and nuisances are created by the use and can be expected to continue in the future operation of the use.
(ix) Other factors relevant to the question of whether continued operation of the use will cause adverse impacts upon nearby properties or affected persons.
(x) The extent to which the non-conforming use impacts the market value and desirability of surrounding properties or neighborhoods.

5. Upon presentation of the analysis, along with testimony and evidence presented by the owner or the owner's representatives, witnesses, or experts, as well as witnesses or experts that may be compelled by the Board to present testimony or evidence on any material issue related to the amortization, the Board shall do the following:

(i) Open the public hearing;
(ii) Enter into a period of deliberation upon the evidence and testimony presented;
(iii) Propose a date for the amortization period to end based on the recommendation of staff and the factors listed in subsections E.3 or 4, should the amortization be ordered after the second public hearing;
(iv) Declare a date for the second public hearing and final decision no later than ninety (90) calendar days from the date of the first public hearing.

6. The Board may request further information or evidence be provided by staff at the second public hearing.
7. All evidence and testimony shall be presented directly to the Board. The Board may call witnesses to testify multiple times at the same hearing or at each hearing, but there shall be no cross-examination or questioning from any party at a public hearing other than those questions asked by the Board or directed to the Board.

1. Decision following second public hearing. Following the second public hearing, the Zoning Board of Adjustment may order that the non-conforming use be discontinued in accordance with a plan to amortize the value of the use, including structures and equipment associated with the use, over a specified period of time.
2. Issuance of order without owner's financial information. Failure by the owner to provide financial documentation, records, or other evidence does not prevent the Board from establishing a date by which the use must be amortized and made compliant with this UDC.
3. Factors to be addressed in the order to amortize. The order must address all factors listed in subsection E.4 above in consideration of the following:

(i) The owner's capital investment in assets that existed on the property prior to the use becoming a non-conforming use, including structures, fixed equipment, and other assets not feasibly transferrable to another site.
(ii) Costs that are directly attributable to discontinuing the use by the compliance date, including costs of demolition, relocation, early termination of lease, and discharge of mortgage.
(iii) Any return on investment since inception of the use based on net income.
(iv) Anticipated annual recovery of investments based on projected net income.
(v) The character of the surrounding uses and properties and the uses allowed under the current zoning on the property.
(vi) The property rights of affected persons, including the property owner and business owner, as well as the rights and the welfare of surrounding property owners and other persons affected by the proposed use.

(i) If the Board votes to issue an order amortizing the non-conforming use and establishes a compliance date, the use must cease all operations by that date and the owner may not continue or reestablish the non-conforming use, including any operation subject to the order of the Board, on or after that date.
(ii) The Board may structure its order so as to phase amortization of portions of the use by certain dates and may establish any conditions upon the use operation related to the factors listed in subsection E.4 or 3 above; however, the Board may not issue an order that explicitly or in effect provides for only a partial amortization with no date by which the use must entirely cease. (For example, the Board's order for partial amortization using a phased approach may specify that the use must entirely cease within 5 years.)

(i) A motion to issue an order to amortize the non-conforming use and establish a compliance date must be affirmed by at least seventy-five percent (75%) of the members of the Board.
(ii) If no motion is made, or less than seventy-five percent (75%) of the members vote to approve a motion to amortize the use, the amortization proceedings are discontinued and the non-conforming use may continue subject to the provisions and requirements of § UDC-3.4.11E, unless the decision of the Board is appealed (see Subsection G. below).

1. If the Board approves a motion to discontinue amortization proceedings, or the proceedings are discontinued due to lack of a motion or insufficient votes to approve a motion to amortize the use, the decision of the Board is final and the City Council may not vote to initiate amortization proceedings unless:

(i) Five (5) years have passed from the date of the Board's decision; or
(ii) The use is expanded or the degree of non-conformity with this UDC is found to have increased in any way.

2. If the Board approves a motion to amortize the use by setting a compliance date, the decision of the Board is final unless appealed to a court of competent jurisdiction no later than ten (10) calendar days following the Board's decision.
3. The Board may approve a one-time extension of up to six (6) months after the compliance date following a public hearing and consideration of additional testimony and evidence by the owner, and subject to any conditions the Board may place upon the extension to protect public safety and welfare.