20.150.260

Findings for termination of use.

San Jose Municipal Code · San José Municipal Code § 20.150.260

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A. The commission, or the city council on appeal, may terminate the legal non-conforming use upon finding that: 1. The use constitutes or results in an adverse public impact; and 2. The adverse public impact(s) cannot be adequately abated, substantially corrected or rectified with a conditional use permit; or 3. There are uncorrected violations of a city permit, ordinance or state law. B. Upon determining that a nonconforming use shall be terminated, the planning commission, or the city council on appeal, shall also determine what, if any, amortization period is necessary to allow the property owner a reasonable period to terminate the use commensurate with the nature and extent of the owner's investment in the property. C. In determining the amortization period, the commission, or the city council on appeal, shall consider, among other factors: 1. The length of time the property has been owned by the property owner; 2. The owner's ability to readily convert the use to a use which is permitted within the zoning district; and 3. The difference, if any, between the value of the prior use and the value of the permitted uses; and 4. The impacts of allowing the use to continue. (Ord. 26248.)