25.3.F Limitations on Nonconforming Use Appeals

Whenever an application for a zoning map amendment has been filed and the application has been acted upon by the City Council in accordance with Section 4.2 or when the application has been officially advertised for public hearing but has subsequently been withdrawn either before or after the public hearing has been held, the Board of Zoning Adjustments will not consider any application for appeal of the loss of nonconforming use status for the same property for a period of two (2) calendar years from either the date of the City Council’s final action, from the expiration of the one-hundred twenty (120) day period when no action has been taken by the City Council, or from the date of withdrawal of the application following official advertisement. Any appeal taken before the expiration of the two (2) calendar year time limit will neither be docketed nor considered by the Board. The Board of Zoning Adjustments staff will notify the appellant that the appeal is untimely and will not be considered by the Board, and is therefore dismissed.