2-3-130 Extension of Time for Recovery of Investment

The Zoning Administrator may suspend any requirement that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity come into compliance with the provisions of this Code if the owner of the affected property demonstrates that he has not recovered or amortized the amount of his or her investment in the nonconforming use, nonconforming structure, lot, or other nonconformity. A. Written Request for Extension Required. A request for an extension of time needed to recover an investment in an affected property shall be submitted in writing to the Zoning Administrator. B. Information Required. The following information shall accompany the request: 1. The amount of the owner's investment in the use, noncomplying structure, lot, or other nonconformity from the time it became nonconforming; 2. The amount of such investment that has been realized to date and an estimate of the amount that will be realized on the date the time limit expires; and 3. Evidence of any lease or purchase obligations undertaken in reliance on any previously issued licenses or permits applying to the use, noncomplying structure, lot, or other nonconformity, including any contingency clauses therein permitting termination of such lease.