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 Woodside
 Municipal Code
 Title XV. LAND USAGE
 Chapter 153. ZONING
 Appendix 153.230. NONCONFORMING USES, LOTS, STRUCTURES AND BUILDINGS

  § 153.238. Termination of nonconforming uses.  

Latest version.

  • After a public hearing as provided for below in this section, the Planning Commission may terminate any nonconforming use which is determined to be detrimental to the public health or safety or has been determined to be a public nuisance.

    (1975 Code, § 9-2.1216)

    (A)

    Procedures. Any person or the Town may file a written request with the Planning Director for the termination of a nonconforming use on the grounds set forth above in this section. Upon the filing of any such request, the Planning Director shall investigate the facts set forth in such request and thereafter shall prepare a written report and submit it to the secretary of the Planning Commission . The secretary of the Planning Commission shall thereafter cause such matter to be set for a public hearing before the Planning Commission at its next available meeting. Notice of the time, place and purpose of such hearing shall be given by the secretary of the Planning Commission in the manner and form set forth in Section 153.963 of this chapter.

    (1975 Code, § 9-2.1217)

    (B)

    Hearings. At the public hearing, the Planning Commission shall receive all relevant evidence and hear all testimony concerning the establishment, operation, and maintenance of the nonconforming use . If, after the public hearing has been conducted, the Planning Commission finds that the nonconforming use is exercised, operated, or maintained in such a manner so as to be detrimental to the public health or safety, or so as to be a public nuisance, the Planning Commission may terminate the nonconforming use . The procedure set forth in this section is required to protect the public from nonconforming uses which are or have become hazards and/or nuisances and is separate and distinct from the procedure for the abatement of public nuisances which may be provided for by other Town ordinances.

(1975 Code, § 9-2.1218) (Ord. 1981-302, effective 1-7-82; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-589, effective 8-24-17)