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then the uses that are allowed would be single and multi -family district, and institutional (RM -6 and RS -3). He revealed that staff's decision was to allow continuation of a residential treatment center use on this property, restricting it. It could not be expanded beyond the current building area and the 18 resident clients. Director Boling presented Planning & Zoning's (PZC's) decision; cited the reasons for nonconformities; and explained the purposes of nonconformities regulations and policies, as well as Ch. 904.08 "cessation of nonconformities." He suggested that the "Test" was, "did the non- conforming use cease for a continuous period of more than 1 year?" He pointed out that the Board should focus on the word "cease" in its interpretation, as well as, the timeline facts. Under Ch. 904.07(2) "reconstruction after declared disaster", he said the Test was, "do the disaster reconstruction allowances guarantee reconstruction of nonconformities regardless of the one year cessation regulation?" PZC determined that the use ceased for a continuous period of more than 1 year, and overturned staff's decision. Director Boling then presented the four-part test to review PZC's decision (outlined at page 16 of the backup). Staff contends that PZC failed in two (2) aspects with regards to evaluating the appeal with respect to nonconformities regulations, and that PZC failed to apply the provisions of §902.07(2) and County policy, which modifies the one year cessation rule when the use is affected. Director Boling repeated staff's recommended that the Board review the four options; find that PZC failed with respect to item #4; uphold the appeal from The Source; overturn the Planning and Zoning Commission decision, and allow continuation of non- conforming use with the restriction of no expansions. Commissioner Wheeler sought further background on zoning uses, and cessation of use, to which Director Boling responded. Commissioner Wheeler also questioned staff's opinion regarding cessation and wondered what would happen if this were reverse. He argued that if a April 24, 2008 20 Special Call Meeting (The Source)